[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1881 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1881

             To establish the Tobacco Accountability Board.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 1997

  Mr. Waxman introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
             To establish the Tobacco Accountability Board.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tobacco Accountability Act''.

SEC. 2. TOBACCO ACCOUNTABILITY BOARD.

    (a) Establishment.--There is established an independent board to be 
known as the Tobacco Accountability Board.
    (b) Membership.--The Board shall consist of 5 members with 
expertise relating to tobacco and public health. The members, including 
the chair, shall be appointed by the Secretary of Health and Human 
Services. The initial members of the Board shall be appointed by the 
Secretary within 30 days of the date of the enactment of this Act. A 
member of the Board may be removed by the Secretary only for neglect of 
duty or malfeasance in office.
    (c) Terms.--The term of office of a member of the Board shall be 6 
years, except that the members first appointed shall have terms of 2, 
3, 4, and 5 years, respectively, as determined by the Secretary.

SEC. 3. DISCLOSURE OF TOBACCO INDUSTRY DOCUMENTS.

    (a) Submission by Manufacturers.--Not later than 3 months after the 
date of the enactment of this Act and thereafter as required by the 
Board, each tobacco manufacturer shall submit to the Board a copy of 
all documents in the manufacturer's possession--
            (1) relating to--
                    (A) any health effects, including addiction, caused 
                by the use of tobacco products;
                    (B) the manipulation or control of nicotine in 
                tobacco products; or
                    (C) the sale or marketing of tobacco products to 
                children; or
            (2) produced, or ordered to be produced, by the tobacco 
        manufacturer in the case entitled State of Minnesota v. Philip 
        Morris, Inc, Civ. Action No. C1-94-8565 (Ramsey County, Minn.) 
        including attorney-client and other documents produced or 
        ordered to be produced for in camera inspection.
    (b) Disclosure by the Board.--Not later than 6 months after the 
date of the enactment of this Act and thereafter as required by the 
Board, the Board shall, subject to subsection (c), make available to 
the public the documents submitted under subsection (a).
    (c) Protection of Trade Secrets.--The Board, members of the Board, 
and staff of the Board shall not disclose information that is entitled 
to protection as a trade secret unless the Board determines that 
disclosure of such information is necessary to protect the public 
health. This subsection shall not prevent the disclosure of relevant 
information to other Federal agencies or to committees of the Congress.

SEC. 4. INVESTIGATION AND ANNUAL REPORTS.

    The Board shall investigate all matters relating to the tobacco 
industry and public health and report annually on the results of the 
investigation to Congress. Each annual report to Congress shall, at a 
minimum, disclose--
            (1) any efforts by tobacco manufacturers to conceal 
        research relating to the adverse health effects or addiction 
        caused by the use of tobacco products;
            (2) any efforts by tobacco manufacturers to mislead the 
        public or any Federal, State, or local elected body, agency, or 
        court about the adverse health effects or addiction caused by 
        the use of tobacco products;
            (3) any efforts by tobacco manufacturers to sell or market 
        tobacco products to children; and
            (4) any efforts by tobacco manufacturers to circumvent, 
        repeal, modify, impede the implementation of, or prevent the 
        adoption of any Federal, State, or local law or regulation 
        intended to reduce the adverse health effects or addiction 
        caused by the use of tobacco products.

SEC. 5. TOBACCO MANUFACTURER BOARD MEETINGS.

    Each tobacco manufacturer shall permit a representative designated 
by the Board to attend and participate in all meetings of the board of 
directors of the tobacco manufacturer, including any executive session 
or committee meetings thereof. Each tobacco manufacturer shall provide 
the representative designated by the Board a copy of all documents or 
other information provided by the tobacco manufacturer to any director 
of the manufacturer who is not an employee of the manufacturer.

SEC. 6. AUTHORITIES.

    The Board, any member of the Board, or staff designated by the 
Board may hold hearings, administer oaths, require the testimony or 
deposition of witnesses, the production of documents, or the answering 
of interrogatories, or, upon presentation of the proper credentials, 
enter and inspect facilities.

SEC. 7. ENFORCEMENT.

    (a) Responsibilities of Tobacco Manufacturers.--Notwithstanding any 
other provision of law, tobacco manufacturers shall provide any 
testimony, deposition, documents, or other information, answer any 
interrogatories, and allow any entry or inspection required pursuant to 
this Act, except to the extent that a constitutional privilege protects 
the tobacco manufacturer from complying with such requirement.
    (b) Prohibited Act.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(x) The failure to comply with any requirement under the Tobacco 
Accountability Act.''.

SEC. 8. ADMINISTRATION.

    (a) Staff.--The Chair shall exercise the executive and 
administrative functions of the Board and shall have the authority to 
hire such staff as may be necessary for the operation of the Board.
    (b) Salaries.--The members of the Board shall receive such salary 
and benefits as the Secretary deems necessary, except that the salary 
of the Chair shall not be less than level III of the Executive Schedule 
(5 U.S.C. 5314).

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) Board.--The term ``Board'' means the Tobacco 
        Accountability Board.
            (2) Manufacture.--The term ``manufacture'' means the 
        manufacturing, including repacking or relabeling, fabrication, 
        assembly, processing, labeling, or importing of a tobacco 
        product.
            (3) Tobacco manufacturer.--The term ``tobacco 
        manufacturer'' means--
                    (A) any person who manufactures a tobacco product; 
                or
                    (B) the Tobacco Institute, the Council for Tobacco 
                Research, the Smokeless Tobacco Council, the Center for 
                Indoor Air Research, or any other trade association or 
                entity that is primarily funded by persons who 
                manufacture a tobacco product.
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