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OCR Page 1 of 125347
1 used cigarettes or smokeless tobacco, as appropriate, on a
2 daily basis during the preceding calendar year. The per-
3 centages used in this calculation are to be those measured
4 by (1) the University of Michigan Survey, or (2) such com-
5 parable index using identical methodology as is chosen by
6 the Secretary after notice and the opportunity for comment
7 in accordance with section 553 of title 5, United States
8 Code. If the methodology employed by the University of
9 Michigan Survey is changed in a material manner from
10 that employed from 1986 through 1996 (including changes
11 in the States or regions on which the University of Michi-
12 gan Survey is based), or is (in the opinion of the Secretary)
13 no longer the best available data, the Secretary shall use
14 the percentages measured by an index chosen by the Sec-
15 retary, after notice and the opportunity for comment in ac-
16 cordance with section 553 of title 5, United States Code,
17 that has a methodology identical to that employed by the
18 University of Michigan Survey from 1986 through 1996.
19 The Secretary shall make the data on which the results of
20 the University of Michigan Survey or such other com-
21 parable index are based available to the public upon re-
22 quest.
23
(b) CALCULATION OF NON-ATTAINMENT PENALTIES.-
24
(1) SECRETARY TO DETERMINE NON-ATTAINMENT
25
PERCENTAGE.-The Secretary shall determine the
.S 1415 RS
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