[Congressional Record Volume 144, Number 66 (Thursday, May 21, 1998)]
[Senate]
[Pages S5341-S5342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL TOBACCO POLICY AND YOUTH SMOKING REDUCTION ACT

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                        CRAIG AMENDMENT NO. 2441

  (Ordered to lie on the table.)
  Mr. CRAIG submitted an amendment intended to be proposed by him to 
the bill, S. 1415, supra; as follows:

       On page 210, line 19, insert the following:
       Sec. 456--Black Lung Allocation Account.--There is hereby 
     established within the trust fund a separate account, to be 
     known as the Black Lung Allocation Account, which shall be 
     eligible to receive funds made available under Sec. 401(a) to 
     make transfers to the Black Lung Disability Trust Fund.
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                       KERREY AMENDMENT NO. 2442

  (Ordered to lie on the table.)
  Mr. KERREY submitted an amendment intended to be proposed by him to 
the bill, S. 1415, supra; as follows:

       Title IV is amended by adding at the end the following:

     SEC. 4____. SMOKING CESSATION AND PREVENTION BLOCK GRANT.

       (a) Application of Provisions.--Notwithstanding any other 
     provision of this Act--
       (1) paragraphs (3) and (4) of section 451(a) and part D of 
     title XIX of the Public Health Service Act, as added by title 
     II of this Act, shall be null and void and shall not be given 
     any effect; and
       (2) section 451(b)(2)(A) shall be applied as if ``a smoking 
     cessation block grant made under section 4____'' were 
     substituted for ``part D of title XIX of the Public Health 
     Service Act, as added by title II of this Act''.
       (b) Funding of Grants.--The sum of the amounts made 
     available under paragraphs (1) and (2) of section 451(a) and 
     subsection (b)(2)(A) of that section (after application of 
     subsection (a)(2) of this section) for a fiscal year shall be 
     used to make grants under this section.
       (c) State Plan.--
       (1) In general.--In order to receive a grant under this 
     section for a fiscal year, a State shall submit, in such form 
     and such manner as the Secretary shall require, a plan that 
     sets forth how the State intends to use the funds provided 
     under the grant for smoking cessation and prevention.
       (2) Community involvement.--The State shall consult with 
     appropriate representatives of local communities in the 
     development of the plan submitted under paragraph (1).
       (d) Distribution of Funds.--
       (1) In general.--Subject to paragraphs (3) and (4), each 
     State with an approved plan under subsection (c) shall 
     receive a payment for a fiscal year equal to the amount 
     determined under paragraph (2).
       (2) Amount determined.--
       (A) In general.--The amount determined under this paragraph 
     for a State for a fiscal year is the amount equal to average 
     of the following 2 ratios:
       (i) The ratio of--

       (I) the total expenditures by the State under title XIX of 
     the Social Security Act (42 U.S.C. 1396 et seq.) for the 
     fiscal years 1992 through 1996 that are attributable to the 
     treatment of individuals with tobacco-related illnesses or 
     conditions for the fiscal year involved; to
       (II) the total of such expenditures for all States for such 
     fiscal years.

       (ii) The ratio of--

       (I) the total expenditures incurred in the State for such 
     fiscal years in providing directly, or reimbursing others for 
     the provision of, treatment of individuals with tobacco-
     related illnesses or conditions that are not taken into 
     account under clause (i); to
       (II) the total of such expenditures for all States for such 
     fiscal years.

       (B) Determination of expenditures.--The method used to 
     determine the expenditures attributable to the treatment of 
     individuals with tobacco-related illnesses or conditions for 
     purposes of subparagraph (A) shall be the method used by the 
     Attorneys General Allocation Subcommittee in its report dated 
     September 16, 1997.
       (3) Minimum payments.--
       (A) In general.--Except as provided in subparagraph (B), in 
     no case shall a State receive a payment under this subsection 
     that is less than--
       (i) in the case of a State that would otherwise receive 
     under paragraph (2) an amount that is equal to or exceeds 0.1 
     percent of such total amount but does not exceed 0.2 percent 
     of such amount, 0.2 percent;
       (ii) in the case of a State that would otherwise receive 
     under paragraph (2) an amount that is equal to or exceeds 0.2 
     percent of such total amount but does not exceed 0.3 percent 
     of such amount, 0.3 percent;
       (iii) in the case of a State that would otherwise receive 
     under paragraph (2) an amount that is equal to or exceeds 0.3 
     percent of such total amount but does not exceed 0.4 percent 
     of such amount, 0.4 percent; and
       (iv) in the case of a State that would otherwise receive 
     under paragraph (2) an amount that is equal to or exceeds 0.4 
     percent of such total amount but does not exceed 0.5 percent 
     of such amount, 0.5 percent.
       (B) Nonapplication to territories.--Subparagraph (A) shall 
     not apply to Puerto Rico, Guam, the United States Virgin 
     Islands, American Samoa, or the Northern Mariana Islands.
       (4) Minimum payments to settlement states.--In no case 
     shall the States of Florida, Minnesota, Mississippi, and 
     Texas, receive payments under this subsection for a fiscal 
     year that are less than the following:
       (A) In the case of Florida, 5.5 percent of the total amount 
     made available under subsection (b) for payments to States 
     under this section.
       (B) In the case of Minnesota, 2.55 percent of such amount.
       (C) In the case of Mississippi, 1.7 percent of such amount.
       (D) In the case of Texas, 7.25 percent of such amount.
       (5) Reallocation of amounts for other states.--If the 
     amount determined under paragraphs (3) and (4) exceeds the 
     amount otherwise determined under paragraph (2) for 1 or more 
     States for any fiscal year, the amount of the payments under 
     paragraph (2) to all States to which paragraphs (3) and (4) 
     do not apply shall be ratably reduced by the aggregate amount 
     of such excess.
       (e) Use of Funds.--A State may use funds received under a 
     grant made under this section for any purpose, including any 
     purpose described in section 452(b)(2), so long as the State 
     demonstrates in the State plan required under subsection (c) 
     that the use of funds for such purpose is consistent with 
     promoting and achieving smoking cessation and prevention.
       (f) Annual Reports.--Each State that receives funds under 
     this section shall report

[[Page S5342]]

     annually to the Secretary, in such manner and such form as 
     the Secretary shall require, on the use of the funds received 
     under this section and overall smoking trends within their 
     State.
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               FEINSTEIN (AND OTHERS) AMENDMENT NO. 2443

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN (for herself, Mrs. Boxer, Mr. Durbin, Mr. D'Amato, and 
Ms. Moseley-Braun) submitted an amendment intended to be proposed by 
them to the bill, S. 1415, supra; as follows:

       On page 193, between lines 16 and 17, insert the following:
       (4) Eligibility.--
       (A) In general.--To be eligible to receive amounts under 
     this subsection, a State shall, through agreements entered 
     into with local government entities described in subparagraph 
     (B), provide such entities with a portion of the amounts 
     received by the State under this subsection as consideration 
     for the resolution or termination of civil actions under 
     title XIV.
       (B) Local government entities.--A local government entity 
     described in this subparagraph is a city or county that 
     commenced a health or smoking-related civil action against 
     one or more participating tobacco product manufacturers, 
     distributors, or retailers on or before June 20, 1997 
     (including actions by the City and County of San Francisco 
     and related cities and counties, Los Angeles County, New York 
     City, Erie County, Cook County, and the City of Birmingham).

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