[Congressional Record Volume 144, Number 41 (Thursday, April 2, 1998)]
[Extensions of Remarks]
[Page E575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            YOUTH TOBACCO POSSESSION PREVENTION ACT OF 1998

                                 ______
                                 

                            HON. GENE GREEN

                                of texas

                    in the house of representatives

                        Wednesday, April 1, 1998

  Mr. GREEN. Mr. Speaker, today I introduced the Youth Tobacco 
Possession Prevention Act of 1998. I did this because, as we consider 
the best way to reduce the youth smoking rate, we have neglected one of 
the most obvious and appropriate solutions--making tobacco possession 
by people under the age of 18 illegal.
  It is estimated that 3,000 young people start smoking every day. 
Worse yet, one third, or 1,000, of these people will eventually die 
from tobacco related disease. Consider the emotional and financial 
strain these horrible situations will place on American families in the 
future. In response to this national crisis, the public health 
community, State attorneys general, the U.S. Congress and even the 
tobacco industry have proposed a variety of methods to reduce youth 
smoking rates.
  Most of the proposals would spend money on counter advertising, 
tobacco cessation programs and tobacco education programs--all worthy 
and necessary components of comprehensive tobacco legislation. However, 
the leadership of the American government has been sending mixed 
signals to America's youth and nothing in the proposed settlement would 
change this.
  Under current law, it is illegal to sell tobacco products to anyone 
under the age of 18 in all 50 States. However, if a person under the 
age of 18 is somehow able to obtain tobacco products--which, it is 
painfully clear, they are easily able to do--there are only a few 
States that have enacted laws regarding the possession of tobacco by 
these young people. I find it incredibly hypocritical that we, as a 
government (either Federal or State), are so willing to make buying 
tobacco illegal but are virtually silent on possessing tobacco.
  Following the lead of my home State of Texas, I have introduced the 
Youth Tobacco Possession Prevention Act of 1998. This bill would 
encourage States to pass legislation making it illegal for a person 
under the age of 18 to possess tobacco.
  There are two key components to this bill. First, in dealing with the 
youth, it focusses on education rather than punishment. For first and 
second time offenders, youth will be required to complete tobacco 
education and cessation programs, as well as tobacco related community 
service. If they continue to disregard the law and their health, their 
driver's license would be suspended from three to six months. This last 
resort was suggested during one of our Subcommittee hearings by a local 
teenager, who told the Commerce Health Subcommittee that kids would 
only respond to this type of approach.
  Second, the bill would require States to enact stern punishments for 
people over the age of 18 who provide tobacco products to youth. At 
that same hearing, many of our teen witnesses admitted one of the 
primary sources of tobacco are older people who buy for teens. This is 
simply not acceptable. I believe every adult has the responsibility and 
moral obligation to do whatever we can to prevent our nation's youth 
from starting this deadly habit.
  Unlike many proposals, this bill will not punish States who choose 
not to enact the outlined legislation. It will, however, reward those 
States which act responsibly and do. Each State that passes the 
provisions outlined in this bill will receive 5 additional points on 
their Health and Human Services competitive public health service grant 
applications. This incentive will hopefully encourage States to take 
action and do the right thing.

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