[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1060 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1060

To restrict the activities of the United States with respect to foreign 
  laws that regulate the marketing of tobacco products and to subject 
 cigarettes that are exported to the same restrictions on labeling as 
 apply to the sale or distribution of cigarettes in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 1997

  Mr. Lautenberg (for himself, Mr. Wyden, Mr. Durbin, and Mr. Harkin) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To restrict the activities of the United States with respect to foreign 
  laws that regulate the marketing of tobacco products and to subject 
 cigarettes that are exported to the same restrictions on labeling as 
 apply to the sale or distribution of cigarettes in the United States.

    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 ``Worldwide Tobacco Disclosure Act of 
1997''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Cigarette.--The term ``cigarette'' means--
                    (A) any roll of tobacco wrapped in paper or in any 
                substance not containing tobacco which is to be burned,
                    (B) any roll of tobacco wrapped in any substance 
                containing tobacco which, because of its appearance, 
                the type of tobacco used in the filler, or its 
                packaging and labeling is likely to be offered to, or 
                purchased by consumers as a cigarette described in 
                subparagraph (A),
                    (C) little cigars which are any roll of tobacco 
                wrapped in leaf tobacco or any substance containing 
                tobacco (other than any roll of tobacco which is a 
                cigarette within the meaning of subparagraph (A)) and 
                as to which 1000 units weigh not more than 3 pounds, 
                and
                    (D) loose rolling tobacco and papers or tubes used 
                to contain such tobacco.
            (2) Domestic concern.--The term ``domestic concern'' 
        means--
                    (A) any individual who is a citizen, national, or 
                resident of the United States; and
                    (B) any corporation, partnership, association, 
                joint-stock company, business trust, unincorporated 
                organization, or sole proprietorship which has its 
                principal place of business in the United States, or 
                which is organized under the laws of a State of the 
                United States or a territory, possession, or 
                commonwealth of the United States.
            (3) Nondiscriminatory law or regulation.--The term 
        ``nondiscriminatory law or regulation'' means a law or 
        regulation of a foreign country that adheres to the principle 
        of national treatment and applies no less favorable treatment 
        to goods that are imported into that country than it applies to 
        like goods that are the product, growth, or manufacture of that 
        country.
            (4) Package.--The term ``package'' means a pack, box, 
        carton, or other container of any kind in which cigarettes or 
        other tobacco products are offered for sale, sold, or otherwise 
        distributed to customers.
            (5) Sale or distribution.--The term ``sale or 
        distribution'' includes sampling or any other distribution not 
        for sale.
            (6) State.--The term ``State'' includes, in addition to the 
        50 States, the District of Columbia, Guam, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        the Virgin Islands, American Samoa, the Republic of the 
        Marshall Islands, the Federated States of Micronesia, and the 
        Republic of Palau.
            (7) Tobacco product.--The term ``tobacco product'' means--
                    (A) cigarettes;
                    (B) little cigars;
                    (C) cigars as defined in section 5702 of the 
                Internal Revenue Code of 1986;
                    (D) pipe tobacco;
                    (E) loose rolling tobacco and papers used to 
                contain such tobacco;
                    (F) products referred to as spit tobacco; and
                    (G) any other form of tobacco intended for human 
                use or consumption.
            (8) United states.--The term ``United States'' includes the 
        States and installations of the Armed Forces of the United 
        States located outside a State.

SEC. 3. RESTRICTIONS ON NEGOTIATIONS REGARDING FOREIGN LAWS REGULATING 
              TOBACCO PRODUCTS.

    No funds appropriated by law may be used by any officer, employee, 
department, or agency of the United States--
            (1) to seek, through negotiation or otherwise, the removal 
        or reduction by any foreign country of any nondiscriminatory 
        law or regulation, or any proposed nondiscriminatory law or 
        regulation, in that country that restricts the advertising, 
        manufacture, packaging, taxation, sale, importation, labeling, 
        or distribution of tobacco products; or
            (2) to encourage or promote the export, advertising, 
        manufacture, sale, or distribution of tobacco products.

SEC. 4. CIGARETTE EXPORT LABELING.

    (a) Labeling Requirements for Export of Cigarettes.--
            (1) In general.--It shall be unlawful for any domestic 
        concern to export from the United States, or to sell or 
        distribute in, or export from, any other country, any 
        cigarettes whose package does not contain a warning label 
        that--
                    (A) complies with Federal labeling requirements for 
                cigarettes manufactured, imported, or packaged for sale 
                or distribution within the United States; and
                    (B) is in the primary language of the country in 
                which the cigarettes are intended for consumption.
            (2) Labeling format.--Federal labeling format requirements 
        shall apply to a warning label described in paragraph (1) in 
        the same manner, and to the same extent, as such requirements 
        apply to cigarettes manufactured, imported, or packaged for 
        sale or distribution within the United States.
            (3) Rotation of labeling.--Federal rotation requirements 
        for warning labels shall apply to a warning label described in 
        paragraph (1) in the same manner, and to the same extent, as 
        such requirements apply to cigarettes manufactured, imported, 
        or packaged for sale or distributed within the United States.
            (4) Waivers.--
                    (A) In general.--The President may waive the 
                labeling requirements required by this Act for 
                cigarettes, if the cigarettes are exported to a foreign 
                country included in the list described in subparagraph 
                (B) and if that country is the country in which the 
                cigarettes are intended for consumption. A waiver under 
                this subparagraph shall be in effect prior to the 
                exportation of any cigarettes not in compliance with 
                the requirements of this section by a person to a 
                foreign country included in the list.
                    (B) List of eligible countries for waiver.--
                            (i) In general.--Not later than 90 days 
                        after the date of enactment of this Act, the 
                        President shall develop and publish in the 
                        Federal Register a list of foreign countries 
                        that have in effect requirements for the 
                        labeling of cigarette packages substantially 
                        similar to or more stringent than the 
                        requirements for labeling of cigarette packages 
                        set forth in paragraphs (1) through (3). The 
                        President shall use the list to grant a waiver 
                        under subparagraph (A).
                            (ii) Update of list.--The President shall--
                                    (I) update the list described in 
                                clause (i) to include a foreign country 
                                on the list if the country meets the 
                                criteria described in clause (i), or to 
                                remove a foreign country from the list 
                                if the country fails to meet the 
                                criteria; and
                                    (II) publish the updated list in 
                                the Federal Register.
    (b) Penalties.--
            (1) Fine.--Any person who violates the provisions of 
        subsection (a) shall be fined not more than $100,000 per day 
        for each such violation. Any person who knowingly reexports 
        from or transships cigarettes through a foreign country 
        included in the list described in subsection (a)(4)(B) to avoid 
        the requirements of this Act shall be fined not more than 
        $150,000 per day for each such occurrence.
            (2) Injunction proceedings.--The district courts of the 
        United States shall have jurisdiction, for cause shown, to 
        prevent and restrain violations of subsection (a) upon the 
        application of the Attorney General of the United States.
    (c) Repeal.--Section 12 of the Federal Cigarette Labeling and 
Advertising Act (15 U.S.C. 1340) is repealed.
    (d) Regulatory Authority.--Not later than 90 days after the date of 
enactment of this Act, the President shall promulgate such regulations 
and orders as may be necessary to carry out this section.
    (e) Effective Date.--The provisions of subsections (a) through (c) 
shall take effect upon the effective date of the regulations 
promulgated under subsection (d).
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