[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5513 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5513
To reduce youth usage of tobacco products, to enhance State efforts to
eliminate retail sales of tobacco products to minors, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2008
Mrs. Blackburn (for herself, Mrs. Schmidt, Mr. Shadegg, Mr. Feeney, Mr.
Franks of Arizona, Mr. Coble, Ms. Fallin, Mr. Sessions, and Mr.
McHenry) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To reduce youth usage of tobacco products, to enhance State efforts to
eliminate retail sales of tobacco products to minors, 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 ``Stop Adolescent Smoking Without
Excessive Bureaucracy Act of 2008''.
SEC. 2. YOUTH COMPLIANCE TARGET AND ENFORCEMENT.
(a) Amendment.--Section 1926 of the Public Health Service Act (42
U.S.C. 300x-26) is amended to read as follows:
``SEC. 1926. STRENGTHENING STATE LAWS RELATING TO TOBACCO PRODUCT SALES
TO INDIVIDUALS UNDER THE AGE OF 18.
``(a) Relevant Law.--
``(1) In general.--Subject to paragraph (2), for fiscal
year 2010 and subsequent fiscal years, the Secretary may make a
grant under section 1921 only if the State involved has in
effect a law providing that--
``(A) it is unlawful for any manufacturer,
retailer, or distributor of tobacco products to sell or
distribute any such product to any individual under 18
years of age;
``(B) it is unlawful for an individual under 18
years of age--
``(i) to purchase or attempt to purchase,
or receive or attempt to receive, a tobacco
product; or
``(ii) to possess or attempt to possess a
tobacco product in a public place;
``(C) a law enforcement agency, upon determining
that an individual under 18 years of age allegedly
purchased or received a tobacco product, or allegedly
possessed a tobacco product in a public place, shall
notify the individual's parent or parents, custodian,
or guardian (if the name and address of a parent,
guardian, or custodian is reasonably ascertainable);
``(D) within 180 days after the effective date of
such State law, any person engaged in the business of
distributing tobacco products at retail shall implement
a program--
``(i) to notify each employee employed by
that person who distributes tobacco products
that State law prohibits the sale or
distribution of tobacco products to any
individual under 18 years of age and the
purchase or receipt, or possession in a public
place, of tobacco products by any such
individual; and
``(ii) to ensure compliance with such law;
``(E) an employer shall not be in violation of the
prohibition described in subparagraph (A) if such
employer--
``(i) relies upon proof of age that
appeared on its face to be valid; or
``(ii) implements a program in accordance
with subparagraph (D); and
``(F) an individual who violates the prohibition
described in subparagraph (B) may be liable for a civil
monetary penalty and may be required to perform
community service.
``(2) Delayed applicability for certain states.--In the
case of a State whose legislature does not convene a regular
session in fiscal year 2010, and in the case of a State whose
legislature does not convene a regular session in fiscal year
2011, the requirement described in paragraph (1) as a condition
of a receipt of a grant under section 1921 shall apply only for
fiscal year 2012 and subsequent fiscal years.
``(b) State Goals for Noncompliance.--Beginning with respect to the
first applicable fiscal year, a funding agreement for a grant under
section 1921 is that the State involved has established goals for
reducing the rate of retailer violations of the law described in
subsection (a), as determined through annual, random, unannounced
inspections described in subsection (c)(2)(A), so that the rate of such
violations relative to the number of inspections does not exceed the
following:
``(1) 20 percent during fiscal year 2010.
``(2) 19 percent during fiscal year 2011.
``(3) 18 percent during fiscal year 2012.
``(4) 17 percent during fiscal year 2013.
``(5) 16 percent during fiscal year 2014.
``(6) 15 percent during fiscal year 2015.
``(7) 14 percent during fiscal year 2016.
``(8) 13 percent during fiscal year 2017.
``(9) 12 percent during fiscal year 2018.
``(10) 11 percent during fiscal year 2019.
``(11) 10 percent during fiscal year 2020 and each
subsequent year.
``(c) Enforcement.--
``(1) In general.--A funding agreement for a grant under
section 1921 is that the State involved will enforce the law
described in subsection (a) in a manner that can reasonably be
expected to achieve the goals established pursuant to
subsection (b) and reduce the extent to which tobacco products
are available to individuals under 18 years of age.
``(2) Activities and reports regarding enforcement.--A
funding agreement for a grant under section 1921 is that the
State involved will--
``(A) annually conduct random, unannounced
inspections to ensure compliance with the law described
in subsection (a); and
``(B) annually submit to the Secretary a report
describing--
``(i) the activities carried out by the
State to enforce such law during the fiscal
year preceding the fiscal year for which the
State is seeking the grant;
``(ii) the extent of success the State has
achieved in meeting the goals established
pursuant to subsection (b) and in reducing the
availability of tobacco products to individuals
under 18 years of age; and
``(iii) the strategies to be utilized by
the State for enforcing such law during the
fiscal year for which the grant is sought.
``(3) Use of individuals under 18 years of age in
inspections.--A funding agreement for a grant under section
1921 is that the State may engage an individual under 18 years
of age to test compliance with the law described in subsection
(a) only if--
``(A) the testing is conducted with the written
consent of a parent or legal guardian of such
individual; and
``(B) such individual acts under the direct
supervision of the State during a random, unannounced
inspection.
``(d) Use of State Settlement Proceeds.--A funding agreement for a
grant under section 1921 is that the State involved certifies to the
Secretary that, with respect to the calendar year preceding the year in
which the State is applying for such a grant, the State expended more
than 10 percent of the funds paid to the State for such calendar year
as part of the comprehensive settlement of November 1998 (as referred
to in section 1903(d)(3)(B)(i) of the Social Security Act) on health
programs, tobacco control and cessation activities, or economic
development for tobacco regions.
``(e) Noncompliance of State.--
``(1) Determination by secretary.--Before making a grant
under section 1921 to a State for any fiscal year, the
Secretary shall make a determination of whether the State has
maintained compliance with subsections (a), (b), (c), and (d).
``(2) Reduction of allotment.--Beginning with respect to
the first applicable fiscal year, if, after notice to the State
and an opportunity for a hearing, the Secretary determines that
the State is not in compliance with any of subsections (a),
(b), or (c), the Secretary shall reduce the amount of the
allotment under section 1921 for the State for the fiscal year
involved by an amount equal to--
``(A) in the case of fiscal year 2010, 10 percent
of the amount determined under section 1933 for the
State for the fiscal year;
``(B) in the case of fiscal year 2011, 20 percent
of the amount determined under section 1933 for the
State for the fiscal year;
``(C) in the case of fiscal year 2012, 30 percent
of the amount determined under section 1933 for the
State for the fiscal year; and
``(D) in the case of fiscal year 2013 or any
subsequent fiscal year, 40 percent of the amount
determined under section 1933 for the State for the
fiscal year.
``(3) Additional reduction.--Beginning with respect to the
first applicable fiscal year, if the Secretary determines under
paragraph (1) that the State is not in compliance with any of
subsections (a), (b), or (c), and is not in compliance with
subsection (d), the Secretary may reduce the amount of the
allotment under section 1921 for the State for the fiscal year
involved by an amount equal to 10 percent of the amount
determined under section 1933 for the State for such fiscal
year. Such reduction shall be in addition to the reduction
under paragraph (2).
``(f) Assistance in Implementing Programs.--In order to assist
States in establishing and implementing State laws described in
subsection (a), the Secretary shall--
``(1) develop not later than January 1, 2009, and
subsequently revise as appropriate, model legislative language;
and
``(2) provide technical assistance and guidance in
developing, enacting, and implementing such laws and in setting
goals pursuant to subsection (b).
``(g) Definition.--In this section, the term `first applicable
fiscal year' means--
``(1) fiscal year 2012, in the case of any State described
in subsection (a)(2); and
``(2) fiscal year 2010, in the case of any other State.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to the first applicable fiscal year and each
subsequent fiscal year. The provisions of section 1926 of the
Public Health Service Act (42 U.S.C. 300x-26), as in effect on
the day before the date of the enactment of this Act, shall
apply with respect to fiscal years preceding the first
applicable fiscal year.
(2) Definition.--In this subsection, the term ``first
applicable fiscal year'' has the meaning given such term in
subsection (g) of section 1926 of the Public Health Service Act
(42 U.S.C. 300x-26), as amended by subsection (a) of this
section.
SEC. 3. PUBLIC DISCLOSURE OF INGREDIENTS.
Section 7 of the Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1335a) is amended--
(1) in subsection (a), by striking ``the company which uses
the ingredients or''; and
(2) by amending subsection (b)(2) to read as follows:
``(2) The Secretary shall make any information provided under this
section accessible to the public on the Internet not later than 48
hours after receipt by the Secretary.''.
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