[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2135 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2135

  To make exports of tobacco products and the advertising of tobacco 
products abroad subject to the restrictions on labeling and advertising 
  applicable to tobacco products in the United States, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 1997

Mr. Doggett (for himself, Mr. Waxman, Mr. Hansen, Mr. Meehan, Mr. Brown 
of California, Mr. Brown of Ohio, Mr. Capps, Ms. DeGette, Mr. Dellums, 
Mr. Hinchey, Mr. Kind, Mr. Lewis of Georgia, Mr. Luther, Mr. Miller of 
  California, Mr. Olver, Ms. Pelosi, and Ms. Woolsey) introduced the 
 following bill; which was referred to the Committee on International 
 Relations, and in addition to the Committees on Commerce and Ways and 
 Means, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To make exports of tobacco products and the advertising of tobacco 
products abroad subject to the restrictions on labeling and advertising 
  applicable to tobacco products in the United States, 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. SHORT TITLE.

    This Act may be cited as the ``International Tobacco Responsibility 
Act of 1997''.

SEC. 2. EXPORTS OF TOBACCO PRODUCTS AND ADVERTISING OF TOBACCO PRODUCTS 
              ABROAD.

    (a) Labeling Requirements for Exports.--
            (1) Requirements for cigarettes.--It shall be unlawful for 
        any person subject to the jurisdiction of the United States, 
        either directly or through a foreign subsidiary or agent of 
        that person, to export from the United States or any other 
        country any cigarettes the package of which does not contain 
        the label statements, in the primary language of the country in 
        which the cigarettes are intended for consumption, required by 
        section 4 of the Federal Cigarette Labeling and Advertising Act 
        (15 U.S.C. 1333) for cigarettes manufactured, imported, or 
        packaged for sale or distribution within the United States.
            (2) Smokeless tobacco warning.--It shall be unlawful for 
        any person subject to the jurisdiction of the United States, 
        either directly or through a foreign subsidiary or agent of 
        that person, to export from the United States or any other 
        country any smokeless tobacco product the package of which does 
        not contain the label statements, in the primary language of 
        the country in which the smokeless tobacco product is intended 
        for consumption, required by section 3 of the Comprehensive 
        Smokeless Tobacco Health Education Act of 1986.
            (3) Waivers.--The President may waive the prohibition 
        contained in paragraph (1) or (2) if the President determines 
        that the country in which the exported cigarettes or smokeless 
        tobacco product are intended for consumption has in effect 
        requirements for labeling of cigarette packages or smokeless 
        tobacco product packages substantially similar to or more 
        stringent than those set forth in section 4 of the Federal 
        Cigarette Labeling and Advertising Act or section 3 of the 
        Comprehensive Smokeless Tobacco Health Education Act of 1986. 
        The President shall publish in the Federal Register all waivers 
        granted under this paragraph.
    (b) Label Statements Required for Advertising Abroad.--
            (1) Requirements for cigarettes.--It shall be unlawful for 
        any person subject to the jurisdiction of the United States, 
        either directly or through a foreign subsidiary or agent of 
        that person, to advertise or cause to be advertised abroad any 
        cigarette unless the advertising contains the label statements, 
        in the same language as the advertising message, required for 
        advertising under section 4 of the Federal Cigarette Labeling 
        and Advertising Act.
            (2) Smokeless tobacco requirements.--It shall be unlawful 
        for any person subject to the jurisdiction of the United 
        States, either directly or through a foreign subsidiary or 
        agent of that person, to advertise or cause to be advertised 
        abroad any smokeless tobacco product unless the labeling 
        contains the label statements, in the same language as the 
        advertising message, required for advertising by section 3 of 
        the Comprehensive Smokeless Tobacco Health Education Act of 
        1986.
            (3) Waiver.--The President may waive the prohibition 
        contained in paragraph (1) or (2) with respect to a country in 
        which the advertising is carried out if the President 
        determines that the country has in effect requirements for 
        advertising of cigarettes or smokeless tobacco products 
        substantially similar to or more stringent than those set forth 
        in section 4 of the Federal Cigarette Labeling and Advertising 
        Act or section 3 of the Comprehensive Smokeless Tobacco Health 
        Education Act of 1986. The President shall publish in the 
        Federal Register all waivers granted under this paragraph.

SEC. 3. PENALTIES.

    (a) Fine.--Any person who violates the provisions of section 2 
shall be fined not more than $100,000.
    (b) Injunction Proceedings.--The district courts of the United 
States shall have jurisdiction, for cause shown, to prevent and 
restrain violations of section 2 upon the application of the Attorney 
General of the United States.

SEC. 4. REPEAL.

    Section 12 of the Federal Cigarette Labeling and Advertising Act 
(15 U.S.C. 1340) is repealed.

SEC. 5. RESTRICTIONS ON ACTIVITIES ABROAD REGARDING THE MARKETING OF 
              TOBACCO PRODUCTS.

    (a) Prohibition.--No funds appropriated by law may be used by any 
officer, employee, department, or agency of the United States or of any 
State or local government--
            (1) to seek, through negotiation or otherwise, the removal 
        or reduction by any foreign country of any restrictions which 
        that country imposes or may impose on the advertising, 
        manufacture, packaging, taxation, or sale or distribution of 
        cigarettes, little cigars, snuff, chewing tobacco, or smokeless 
        tobacco, that is produced in that foreign country; or
            (2) to promote the export of cigarettes, little cigars, 
        snuff, chewing tobacco, or smokeless tobacco to, or the sale or 
        distribution of cigarettes, little cigars, snuff, chewing 
        tobacco, or smokeless tobacco in, any foreign country.
    (b) Export Promotion Activities.--For purposes of this section, the 
term ``promote the export of cigarettes, little cigars, snuff, chewing 
tobacco, or smokeless tobacco'' includes any activity designed to 
stimulate or assist United States businesses in marketing those 
products abroad competitively with businesses from other countries, 
including, but not limited to--
            (1) trade development and dissemination of foreign 
        marketing opportunities and other marketing information to 
        United States producers of those products, including the 
        expansion of foreign markets for those products;
            (2) the development of regional and multilateral economic 
        policies that enhance United States trade and investment 
        interests in such products, and the provision of marketing 
        services with respect to foreign countries and regions; and
            (3) the exhibition of such products in other countries.

SEC. 6. COMPOSITION OF SECTION 301 COMMITTEE.

    Any interagency committee established to assist the United States 
Trade Representative in performing the functions vested in the Trade 
Representative under section 301 of the Trade Act of 1974, shall 
include, with respect to any case under such section 301 that involves 
cigarettes, little cigars, snuff, chewing tobacco, or smokeless 
tobacco, representatives of the Department of Health and Human 
Services.

SEC. 7. INTERNATIONAL CONFERENCE ON TOBACCO USE.

    It is the sense of the Congress that the President should urge the 
United Nations, acting through the United States Permanent 
Representative to the United Nations, to create a United Nations 
Conference to address the use of tobacco worldwide and to implement 
regulations to decrease the use of tobacco.

SEC. 8. REGULATORY AUTHORITY.

    The President may issue such regulations and orders as may be 
necessary to carry out this Act.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) Cigarette.--The term ``cigarette'', ``United States'', 
        ``package'', and ``sale or distribution'', have the meanings 
        given those terms in section 3 of the Federal Cigarette 
        Labeling and Advertising Act (15 U.S.C. 1332).
            (2) Foreign subsidiary.--A person is a ``foreign 
        subsidiary'' of another person if that person is located 
        outside the United States or is organized under the laws of a 
        foreign country, and that person is directly or indirectly 
        owned or controlled by that other person to the extent of 10 
        percent or more of its voting stock (in the case of an 
        incorporated enterprise) or an equivalent interest (in the case 
        of an unincorporated enterprise), and such term includes a 
        branch of that other person.
            (3) Smokeless tobacco.--The term ``smokeless tobacco'' 
        means any finely cut, ground, powdered, or leaf tobacco that is 
        intended to be placed in the oral cavity.
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