110 HR 5513 IH: Stop Adolescent Smoking Without U.S. House of Representatives 2008-02-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5513 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.

1.

Short title

This Act may be cited as the Stop Adolescent Smoking Without Excessive Bureaucracy Act of 2008.

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:

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.

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. .