123STA T . 1 84 1 PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9theda te that is12mon ths a f te r the date of ena c tment of this A ct .SEC.104 . S TUDYONRAI SIN G T H E M INIMUM AGE TO P URCHASE TO B ACCO PRODUCTS. T he S ecretar y of H ea l thandH u man Ser v ices shall —( 1 ) convene an e xp ert panel to conduct a study on the pu b lic health implications of raisin g the minimum age to pur - chase tobacco products
and (2) not later than 5 years after the date of enactment of this Act , submit a report to the C ongress on the results of such study. SEC. 10 5 .EN F ORCEMENT ACTION P L AN FOR AD V ERTISING AND PRO - MOTION RESTRICTIONS. (a) A CTIONPLA N.— (1) DEV ELO PM ENT.— N ot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ‘ ‘Secretary ’ ’) shall develop and publish an action plan to enforce restrictions adopted pursuant to section 90 6ofthe F ederal Food, Drug, and Cosmetic Act, as added by section 101(b) of this division, or pursuant to section 102(a) of this division, on promotion and advertising of menthol and other cigarettes to youth. (2) CON SU LTATION.—The action plan re q uired by paragraph (1) shall be developed in consultation w ith public health organi z ations and other sta k eholders with demonstrated exper- tise and experience in serving minority communities. ( 3 )P R IORIT Y .—The action plan required by paragraph (1) shall include provisions designed to ensure enforcement of the restrictions described in paragraph (1) in minority communities. (b) STATE AN DL OCAL ACTIVITIES.— (1) I N F ORMATION ON AUT H ORITY.—Not later than 3 months after the date of enactment of this Act, the Secretary shall inform State, local, and tribal governments of the authority provided to such entities under section 5(c) of the Federal Cigarette Labeling and Advertising Act, as added by section 203 of this division, or preserved by such entities under section 916 of the Federal Food, Drug, and Cosmetic Act, as added by section 101(b) of this division. (2) COMMUNITY ASSISTANCE.—At the request of commu- nities seeking assistance to prevent underage tobacco use, the Secretary shall provide such assistance, including assistance with strategies to address the prevention of underage tobacco use in communities with a disproportionate use of menthol cigarettes by minors. SEC. 10 6 . STUDIES OF PROGRESS AND EFFECTIVENESS. (a) FDA R EPORT.—Not later than 3 years after the date of enactment of this Act, and not less than every 2 years thereafter, the Secretary of Health and Human Services shall submit to the Committee on Health, E ducation, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning— (1) the progress of the Food and Drug Administration in implementing this division, including ma j or accomplishments, objective measurements of progress, and the identification of any areas that have not been fully implemented; 21USC387u.Deadlin e. Deadline. P u b li c a t i o n. 21 USC 387 f– 1. Deadline. R e p o r t s .
