[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3456 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3456

To prohibit the sale of tobacco products through the Internet or other 
   indirect means to individuals under the age of 18, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 11, 2001

  Mr. Meehan introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To prohibit the sale of tobacco products through the Internet or other 
   indirect means to individuals under the age of 18, 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 ``Tobacco Free Internet for Kids 
Act''.

SEC. 2. UNLAWFUL ACTS REGARDING SALE OF TOBACCO PRODUCTS TO INDIVIDUALS 
              UNDER AGE OF 18.

    (a) In General.--It shall be unlawful for any person who is in the 
business of selling tobacco products, and who advertises such products 
through the Internet or any other means, to sell such a product to an 
individual under the age of 18 if pursuant to the sale the person mails 
the product, or ships the product by carrier in or affecting interstate 
commerce.
    (b) Procedures for Certain Purchase Orders.--It shall be unlawful 
for any person in the business of selling tobacco products to take a 
covered purchase order for such a product through the mail, or through 
any telecommunications means (including by telephone, facsimile, or the 
Internet), if in providing for the sale or delivery of the product 
pursuant to such purchase order the person mails the product, or ships 
the product by carrier in or affecting interstate commerce, and the 
person fails to comply with any of the following procedures:
            (1) Before mailing or shipping the product, the person 
        received from the individual who placed the order the 
        following:
                    (A) A copy of a government-issued document (license 
                or otherwise) that provides the name of the individual, 
                the address of the individual, and the date of birth of 
                the individual.
                    (B) An e-mail address and social security number 
                for the individual.
                    (C) A signed statement in writing from the 
                individual providing that the individual certifies that 
                such document and information correctly identifies the 
                individual and correctly states the address, date of 
                birth, e-mail address, and social security number of 
                the individual, that the individual understands that 
                forging another person's signature is illegal, and that 
                the individual understands that tobacco sales to minors 
                are illegal and that tobacco purchases by minors may be 
                illegal under applicable state law.
            (2) Before mailing or shipping the product, the person--
                    (A) verified the information submitted by the 
                individual against a database of government-issued 
                identification;
                    (B) verified the e-mail address submitted by the 
                individual against e-mail databases;
                    (C) sends an e-mail to the e-mail address provided 
                by the individual, requesting return e-mail 
                confirmation of the specific purchase order;
                    (D) receives return e-mail confirmation for the 
                specific purchase order by the individual; and
                    (E) sends a letter to the individual requesting 
                confirmation of the specific purchase order and 
                requesting that the individual reply immediately (to a 
                specified toll-free phone number or e-mail address) if 
                the individual did not submit the purchase order.
            (3) Before mailing or shipping a tobacco product advertised 
        on the Internet to an individual, the person receives payment 
        by credit card.
            (4) The person provides for the mailing or shipping of the 
        product to the same name and address as is provided on such 
        government-issued document.
            (5) The person provides for the mailing or shipping of the 
        product in a package that bears a clear and conspicuous label 
        providing as follows: ``TOBACCO PRODUCT: FEDERAL LAW PROHIBITS 
        SHIPPING TO INDIVIDUAL UNDER THE AGE OF 18; STATE LAW MAY 
        PROVIDE HIGHER MINIMUM AGE''.
            (6) The person employs a method of mailing or shipping that 
        requires that the addressee personally sign for delivery of the 
        package.
            (7) The person notifies the carrier for the mailing or 
        shipping, in writing, of the age of the addressee as indicated 
        by the government-issued document provided pursuant to 
        paragraph (1)(A).
            (8) The person employs a method of mailing or shipping 
        under which the individual who signs for the package pursuant 
        to paragraph (6) takes delivery of the package only after 
        producing a form of identification that bears a photograph and 
        the same name as the addressee on the package, and that 
        indicates that the individual is not younger than the age 
        indicated on the government-issued document provided pursuant 
        to paragraph (1)(A).
    (c) Covered Purchase Order.--It shall be unlawful for any person in 
the business of selling tobacco products to advertise such products for 
sale through an Internet website unless such website contains, on the 
part of each website page relating to sale of such products that is 
immediately visible when accessed, a prominent and clearly legible 
warning label stating that tobacco-product sales to persons under 18 
are illegal in all States.
    (d) Advertising Through Internet; Warning Label.--It shall be 
unlawful for any person in the business of selling tobacco products to 
advertise such products for sale through an Internet website unless 
such website contains, on the part of each website page relating to 
sale of such products that is immediately visible when accessed, a 
prominent and clearly legible warning label described in sections 
4(a)(1) and 4(b)(2) of the Federal Cigarette Labeling and Advertising 
Act (15 U.S.C. 1333(a)(1) and 1333(b)(2)).
    (e) Advertising Through Internet; Access.--It shall be unlawful for 
any person in the business of selling tobacco products to advertise 
such products for sale through an Internet website unless access to the 
website (other than a non-selling website home page) is provided only 
to individuals who provide to the person the information described in 
subsections (b)(1)(A) and (b)(1)(B) and whose information is verified 
according to the procedures described in subsections (b)(2)(A) and 
(b)(2)(B).
    (f) Rule of Construction Regarding Carriers.--This Act may not be 
construed as imposing liability upon the Postal Service or any other 
carrier, or officers or employees thereof, when acting within the scope 
of business of the Postal Service or other carrier, respectively.

SEC. 3. FEDERAL TRADE COMMISSION.

    (a) Civil Enforcement.--For purposes of the enforcement of section 
2 by the Federal Trade Commission, a violation of a provision of 
subsection (a) or (b) of such section shall be deemed to be an unfair 
or deceptive act or practice in or affecting commerce within the 
meaning of the Federal Trade Commission Act, and the procedures under 
section 5(b) of such Act shall apply with respect to such a violation.
    (b) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Commission shall promulgate a final rule for 
carrying out this Act.
    (c) Information Regarding State Laws on Minimum Purchase-Age.--The 
Commission shall post on the Internet site of the Commission 
information that, by State, provides the minimum age at which it is 
legal under State law to purchase tobacco products in the State.

SEC. 4. CRIMINAL PENALTIES.

    (a) In General.--
            (1) First violation.--Except as provided in paragraph (2), 
        any person who violates a provision of subsection (a) or (b) of 
        section 2 shall be fined not more than $1,000.
            (2) Subsequent violations.--In the case of a second or 
        subsequent violation by a person of a provision of subsection 
        (a) or (b) of section 2, the person shall be fined not less 
        than $1,000 and not more than $5,000.
            (3) Rule of construction.--This subsection does not apply 
        to a violation of a provision of subsection (a) or (b) of 
        section 2 if any provision of subsection (b) of this section 
        applies to such violation.
    (b) Knowing Violations.--
            (1) First violation.--Except as provided in paragraph (2), 
        any person who knowingly violates a provision of subsection (a) 
        or (b) of section 2 shall be fined in accordance with title 18, 
        United States Code, or imprisoned not more than two years, or 
        both.
            (2) Subsequent violations.--In the case of a second or 
        subsequent knowing violation by a person of a provision of 
        subsection (a) or (b) of section 2, the person shall be fined 
        in accordance with title 18, United States Code, or imprisoned 
        not more than five years, or both.

SEC. 5. FEDERAL CIVIL ACTIONS BY STATE ATTORNEYS GENERAL.

    (a) Injunctive Relief.--A State, through its State attorney 
general, may on behalf of residents of the State bring in its own name, 
and in an appropriate district court of the United States, a civil 
action to restrain violations by a person of any provision of 
subsection (a) or (b) of section 2, including obtaining a preliminary 
or permanent injunction or other order against the person.
    (b) Coordination With Commission.--Before bringing a civil action 
under subsection (a), a State attorney general shall provide to the 
Commission written notice of the intent of the State attorney general 
to bring the action.
    (c) Federal Jurisdiction.--
            (1) In general.--The district courts of the United States 
        shall have jurisdiction over any civil action under subsection 
        (a).
            (2) Venue.--A civil action under subsection (a) may be 
        brought only in accordance with section 1391 of title 28, 
        United States Code, or in the district in which the recipient 
        of the tobacco products resides or is found.
    (d) Requirements for Injunctions and Orders.--
            (1) In general.--In any civil action under subsection (a), 
        upon a proper showing by the State attorney general involved, 
        the court may issue a preliminary or permanent injunction or 
        other order to restrain a violation of this section.
            (2) Notice.--No preliminary injunction or permanent 
        injunction or other order may be issued under paragraph (1) 
        without notice to the adverse party and an opportunity for a 
        hearing.
            (3) Form and scope of order.--Any preliminary or permanent 
        injunction or other order entered in a civil action under 
        subsection (a) shall--
                    (A) set forth the reasons for the issuance of the 
                order;
                    (B) be specific in its terms;
                    (C) describe in reasonable detail, and not by 
                reference to the complaint or other document, the act 
                or acts sought to be restrained;
                    (D) be binding upon--
                            (i) the parties to the action and the 
                        officers, agents, employees, and attorneys of 
                        those parties; and
                            (ii) persons in active concert or 
                        participation with the parties to the action 
                        who receive actual notice of the order by 
                        personal service or otherwise.
    (e) Additional Remedies.--
            (1) In general.--A remedy under subsection (a) is in 
        addition to any other remedies provided by law.
            (2) State court proceedings.--Nothing in this section may 
        be construed to prohibit an authorized State official from 
        proceeding in State court on the basis of an alleged violation 
        of any State law.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Commission'' means the Federal Trade 
        Commission.
            (2) The term ``covered purchase order'', with respect to a 
        tobacco product, has the meaning given such term in section 
        2(c).
            (3) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        American Samoa, Guam, the Commonwealth of the Northern Mariana 
        Islands, and the Virgin Islands.
            (4) The term ``State attorney general'' means the attorney 
        general or other chief law enforcement officer of a State, or 
        the designee thereof.
            (5) The term ``tobacco product'' means any product made or 
        derived from tobacco that is intended for human consumption, 
        including cigarettes, cigars, smokeless tobacco, pipe tobacco, 
        and the product known as a bidi.

SEC. 7. EFFECTIVE DATE.

    This Act takes effect upon the expiration of the 90-day period 
beginning on the date of the enactment of this Act, except that the 
authority of the Commission under section 3(b) to commence the process 
of rulemaking is effective on such date of enactment. Section 2 applies 
with respect to sales of tobacco products occurring on or after the 
expiration of such 90-day period, without regard to whether a final 
rule has been promulgated under section 3(b).
                                 <all>