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    "localId": "26413698",
    "label": "[Tobacco][S. 1415 Further Modification of Commerce Committee Amendment] [5]",
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    "title": "[Tobacco][S. 1415 Further Modification of Commerce Committee Amendment] [5]",
    "citationUrl": "https://catalog.archives.gov/id/26413698",
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        "Records of the Domestic Policy Council (Clinton Administration)",
        "Bruce Reed's Tobacco Files"
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    "seq": 35,
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    "ocrText": "then the Secretary shall determine, on a brand-by-brand basis, using data that reflects a 1999\nbaseline, which tobacco product manufacturers are responsible within the 2 categories of tobacco\nproducts for the excess. The Secretary may commence an action under this section against the\ntobacco product manufacturer or manufacturers of the brand or brands of cigarettes or smokeless\ntobacco products for which the non-attainment percentage exceeded 20 percentage points.\n(b) Procedures. Any action under this section shall be commenced by the Secretary in the\nUnited States District Court for the District of Columbia within 90 days after publication in the\nFederal Register of the determination that the non-attainment percentage for the tobacco product\nin question is greater than 20 percentage points. Any such action shall be heard and determined\nby a 3-judge court under section 2284 of title 28, United States Code.\n(c) Determination by Court._ In any action under this section, the court shall determine whether\na tobacco product manufacturer has shown, by a preponderance of the evidence that it_\n(1) has complied substantially with the provisions of this Act regarding underage tobacco use, of\nany rules or regulations promulgated thereunder, or of any Federal or State laws regarding\nunderage tobacco use;\n(2) has not taken any material action to undermine the achievement of the required percentage\nreduction for the tobacco product in question; and\n(3) has used its best efforts to reduce underage tobacco use to a degree at least equal to the\nrequired percentage reductions.\n(d) Removal of Annual Aggregate Payment Limitation. Except as provided in subsections (e)\nand (g), if the court determines that a tobacco product manufacturer has failed to make the\nshowing described in subsection (c) then sections 1411 and 1412 of this Act do not apply to the\nenforcement against, or the payment by, such tobacco product manufacturer of any judgment or\nsettlement that becomes final after that determination is made.\n(e) Defense. An action under this section shall be dismissed, and subsection (d) shall not\napply, if the court finds that the Secretary's determination under subsection (a) was unlawful\nunder subparagraph (A), (B), (C), or (D) of section 706(2) of title 5, United States Code. Any\njudgments paid under section 1412 of this Act prior to a final judgment determining that the\nSecretary's determination was erroneous shall be fully credited, with interest, under section 1412\nof this Act.\n(f) Review._ Decisions of the court under this section are reviewable only by the Supreme\nCourt by writ of certiorari granted upon the petition of any party. The applicability of subsection\n(d) shall be stayed during the pendency of any such petition or review.\n(g) Continuing Effect. Subsection (d) shall cease to apply to a tobacco product manufacturer\nfound to have engaged in conduct described in subsection (c) upon the later of"
}