S.Amdt. 1277

SA 1277. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to
protect the public health by providing the Food and Drug Administration
with certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Saving
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of section 919 of the Federal Food, Drug, and
Cosmetic Act (as added by section 101) add the following:
``(f) Limitation.--Effective for any fiscal year in which
the Secretary determines that youth smoking has increased
during each of the previous 4 calendar years (according to
the Youth Risk Behavior Surveillance System) the Secretary
shall not assess or expend fees under this section with
respect to such fiscal year. The Secretary may collect and
expend such fees upon a subsequent determination that youth
smoking has remained unchanged or decreased.''.
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