[Congressional Record Volume 145, Number 2 (Thursday, January 7, 1999)]
[Extensions of Remarks]
[Page E41]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                YOUTH TOBACCO POSSESSION PREVENTION ACT

                                 ______
                                 

                            HON. GENE GREEN

                                of texas

                    in the house of representatives

                       Wednesday, January 6, 1999

  Mr. GREEN of Texas. Mr. Speaker, I am reintroducing the Youth Tobacco 
Possession Prevention Act today because I believe we have fallen well 
short of our responsibility to protect children from tobacco marketing. 
Last year, we considered a variety of ``comprehensive'' solutions to 
reverse the trend of youth smoking--all of which failed.
  Now that the States have settled their cases with the tobacco 
companies, it is even less likely that the federal government will pass 
such broad legislation. However, there is one very important issue that 
still needs to be addressed that could significantly reduce the number 
of youth smokers is the issue of youth possession of tobacco products.
  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 proposed a variety of methods to reduce youth smoking 
rates during the 105th Congress.
  Most of the proposals would have spent money on counteradvertising, 
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 a mixed 
signal 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.
  Despite the strides that were been made by the recent states 
settlement, this is still a huge problem. Barely half of the states 
have enacted tobacco possession laws that actually make it illegal for 
someone under the age of 18 to possess tobacco products.
  The Youth Tobacco Possession Prevention Act will help solve this 
problem. There are two key components to this bill. First, in dealing 
with the youth, it focuses 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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