[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1295 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1295

    To prohibit the regulation of any tobacco products, or tobacco 
sponsored advertising, used or purchased by the National Association of 
  Stock Car Automobile Racing, its agents or affiliates, or any other 
 professional motor sports association by the Secretary of Health and 
Human Services or any other instrumentality of the Federal Government, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 29 (legislative day, September 25), 1995

 Mr. Helms (for himself, Mr. Faircloth, and Mr. Warner) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To prohibit the regulation of any tobacco products, or tobacco 
sponsored advertising, used or purchased by the National Association of 
  Stock Car Automobile Racing, its agents or affiliates, or any other 
 professional motor sports association by the Secretary of Health and 
Human Services or any other instrumentality of the Federal Government, 
                        and for other purposes.

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

SECTION 1. PROHIBITION.

    The Secretary of Health and Human Services or any other official or 
instrumentality of the Federal Government--
            (1) shall not regulate the promotion or use of tobacco or 
        tobacco products, used or purchased by the National Association 
        of Stock Car Automobile Racing, its agents or affiliates, or 
        any other professional motor sports association under the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.);
            (2) shall not take any action under the Federal Cigarette 
        Labeling and Advertising Act (15 U.S.C. 1331 et seq.), or the 
        Comprehensive Smokeless Tobacco Health Education Act of 1986 
        (15 U.S.C. 4401 et seq.), with respect to tobacco, tobacco 
        products, or tobacco advertising used by the National 
        Association of Stock Car Automobile Racing, its agents or 
        affiliates, or any other professional motor sports association; 
        and
            (3) shall not enforce any Executive order issued by the 
        President to enforce any Federal law relating to--
                    (A) the use of tobacco and tobacco products used or 
                purchased by the National Association of Stock Car 
                Automobile Racing, its agents or affiliates, or any 
                other professional motor sports association; or
                    (B) tobacco, tobacco products, or tobacco 
                advertising used by the National Association of Stock 
                Car Automobile Racing, its agents or affiliates, or any 
                other professional motor sports association.

SEC. 2. CONSTRUCTION.

    The provisions of section 1 shall not be construed to have any 
effect on a State law that prohibits the distribution of tobacco or 
tobacco products to individuals under the age of 18.

SEC. 3. PROHIBITION ON REGULATION OF TOBACCO PRODUCTS.

    Nothing in this Act or any other Act shall provide the Food and 
Drug Administration with any authority to regulate in any manner 
tobacco or tobacco products.
                                 <all>