I 

111TH CONGRESS 

1ST SESSION H. R. 1432 

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 

MARCH 11, 2009 

Mrs. BLACKBURN (for herself, Mr. COBLE, Mr. MARCHANT, Mr. HERGER, and 

Mr. PITTS) 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Adolescent Smok5 ing Without Excessive Bureaucracy Act of 2009’’. 

6 SEC. 2. YOUTH COMPLIANCE TARGET AND ENFORCEMENT. 

7 (a) AMENDMENT.—Section 1926 of the Public 

8 Health Service Act (42 U.S.C. 300x–26) is amended to 

9 read as follows: 


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1 ‘‘SEC. 1926. STRENGTHENING STATE LAWS RELATING TO 

2 TOBACCO PRODUCT SALES TO INDIVIDUALS 

3 UNDER THE AGE OF 18. 

4 ‘‘(a) RELEVANT LAW.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 for fiscal year 2010 and subsequent fiscal years, the 

7 Secretary may make a grant under section 1921 

8 only if the State involved has in effect a law pro9 viding that— 

10 ‘‘(A) it is unlawful for any manufacturer, 

11 retailer, or distributor of tobacco products to 

12 sell or distribute any such product to any indi13 vidual under 18 years of age; 

14 ‘‘(B) it is unlawful for an individual under 

15 18 years of age— 

16 ‘‘(i) to purchase or attempt to pur17 chase, or receive or attempt to receive, a 

18 tobacco product; or 

19 ‘‘(ii) to possess or attempt to possess 

20 a tobacco product in a public place; 

21 ‘‘(C) a law enforcement agency, upon de22 termining that an individual under 18 years of 

23 age allegedly purchased or received a tobacco 

24 product, or allegedly possessed a tobacco prod25 uct in a public place, shall notify the individ26 ual’s parent or parents, custodian, or guardian 


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1 (if the name and address of a parent, guardian, 

2 or custodian is reasonably ascertainable); 

3 ‘‘(D) within 180 days after the effective 

4 date of such State law, any person engaged in 

5 the business of distributing tobacco products at 

6 retail shall implement a program— 

7 ‘‘(i) to notify each employee employed 

8 by that person who distributes tobacco 

9 products that State law prohibits the sale 

10 or distribution of tobacco products to any 

11 individual under 18 years of age and the 

12 purchase or receipt, or possession in a pub13 lic place, of tobacco products by any such 

14 individual; and 

15 ‘‘(ii) to ensure compliance with such 

16 law; 

17 ‘‘(E) an employer shall not be in violation 

18 of the prohibition described in subparagraph 

19 (A) if such employer— 

20 ‘‘(i) relies upon proof of age that ap21 peared on its face to be valid; or 

22 ‘‘(ii) implements a program in accord23 ance with subparagraph (D); and 

24 ‘‘(F) an individual who violates the prohi25 bition described in subparagraph (B) may be 


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1 liable for a civil monetary penalty and may be 

2 required to perform community service. 

3 ‘‘(2) DELAYED APPLICABILITY FOR CERTAIN

4 STATES.—In the case of a State whose legislature 

5 does not convene a regular session in fiscal year 

6 2010, and in the case of a State whose legislature 

7 does not convene a regular session in fiscal year 

8 2011, the requirement described in paragraph (1) as 

9 a condition of a receipt of a grant under section 

10 1921 shall apply only for fiscal year 2012 and sub11 sequent fiscal years. 

12 ‘‘(b) STATE GOALS FOR NONCOMPLIANCE.—Begin13 ning with respect to the first applicable fiscal year, a fund14 ing agreement for a grant under section 1921 is that the 

15 State involved has established goals for reducing the rate 

16 of retailer violations of the law described in subsection (a), 

17 as determined through annual, random, unannounced in18 spections described in subsection (c)(2)(A), so that the 

19 rate of such violations relative to the number of inspec20 tions does not exceed the following: 

21 ‘‘(1) 20 percent during fiscal year 2010. 

22 ‘‘(2) 19 percent during fiscal year 2011. 

23 ‘‘(3) 18 percent during fiscal year 2012. 

24 ‘‘(4) 17 percent during fiscal year 2013. 

25 ‘‘(5) 16 percent during fiscal year 2014. 


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1 ‘‘(6) 15 percent during fiscal year 2015. 

2 ‘‘(7) 14 percent during fiscal year 2016. 

3 ‘‘(8) 13 percent during fiscal year 2017. 

4 ‘‘(9) 12 percent during fiscal year 2018. 

5 ‘‘(10) 11 percent during fiscal year 2019. 

6 ‘‘(11) 10 percent during fiscal year 2020 and 

7 each subsequent year. 

8 ‘‘(c) ENFORCEMENT.— 

9 ‘‘(1) IN GENERAL.—A funding agreement for a 

10 grant under section 1921 is that the State involved 

11 will enforce the law described in subsection (a) in a 

12 manner that can reasonably be expected to achieve 

13 the goals established pursuant to subsection (b) and 

14 reduce the extent to which tobacco products are 

15 available to individuals under 18 years of age. 

16 ‘‘(2) ACTIVITIES AND REPORTS REGARDING EN17 FORCEMENT.—A funding agreement for a grant 

18 under section 1921 is that the State involved will— 

19 ‘‘(A) annually conduct random, unan20 nounced inspections to ensure compliance with 

21 the law described in subsection (a); and 

22 ‘‘(B) annually submit to the Secretary a 

23 report describing— 

24 ‘‘(i) the activities carried out by the 

25 State to enforce such law during the fiscal 


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1 year preceding the fiscal year for which the 

2 State is seeking the grant; 

3 ‘‘(ii) the extent of success the State 

4 has achieved in meeting the goals estab5 lished pursuant to subsection (b) and in 

6 reducing the availability of tobacco prod7 ucts to individuals under 18 years of age; 

8 and 

9 ‘‘(iii) the strategies to be utilized by 

10 the State for enforcing such law during the 

11 fiscal year for which the grant is sought. 

12 ‘‘(3) USE OF INDIVIDUALS UNDER 18 YEARS OF

13 AGE IN INSPECTIONS.—A funding agreement for a 

14 grant under section 1921 is that the State may en15 gage an individual under 18 years of age to test 

16 compliance with the law described in subsection (a) 

17 only if— 

18 ‘‘(A) the testing is conducted with the 

19 written consent of a parent or legal guardian of 

20 such individual; and 

21 ‘‘(B) such individual acts under the direct 

22 supervision of the State during a random, un23 announced inspection. 

24 ‘‘(d) USE OF STATE SETTLEMENT PROCEEDS.—A 

25 funding agreement for a grant under section 1921 is that 


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1 the State involved certifies to the Secretary that, with re2 spect to the calendar year preceding the year in which the 

3 State is applying for such a grant, the State expended 

4 more than 10 percent of the funds paid to the State for 

5 such calendar year as part of the comprehensive settle6 ment of November 1998 (as referred to in section 

7 1903(d)(3)(B)(i) of the Social Security Act) on health pro8 grams, tobacco control and cessation activities, or eco9 nomic development for tobacco regions. 

10 ‘‘(e) NONCOMPLIANCE OF STATE.— 

11 ‘‘(1) DETERMINATION BY SECRETARY.—Before 

12 making a grant under section 1921 to a State for 

13 any fiscal year, the Secretary shall make a deter14 mination of whether the State has maintained com15 pliance with subsections (a), (b), (c), and (d). 

16 ‘‘(2) REDUCTION OF ALLOTMENT.—Beginning 

17 with respect to the first applicable fiscal year, if, 

18 after notice to the State and an opportunity for a 

19 hearing, the Secretary determines that the State is 

20 not in compliance with any of subsections (a), (b), 

21 or (c), the Secretary shall reduce the amount of the 

22 allotment under section 1921 for the State for the 

23 fiscal year involved by an amount equal to— 


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1 ‘‘(A) in the case of fiscal year 2010, 10 

2 percent of the amount determined under section 

3 1933 for the State for the fiscal year; 

4 ‘‘(B) in the case of fiscal year 2011, 20 

5 percent of the amount determined under section 

6 1933 for the State for the fiscal year; 

7 ‘‘(C) in the case of fiscal year 2012, 30 

8 percent of the amount determined under section 

9 1933 for the State for the fiscal year; and 

10 ‘‘(D) in the case of fiscal year 2013 or any 

11 subsequent fiscal year, 40 percent of the 

12 amount determined under section 1933 for the 

13 State for the fiscal year. 

14 ‘‘(3) ADDITIONAL REDUCTION.—Beginning with 

15 respect to the first applicable fiscal year, if the Sec16 retary determines under paragraph (1) that the 

17 State is not in compliance with any of subsections 

18 (a), (b), or (c), and is not in compliance with sub19 section (d), the Secretary may reduce the amount of 

20 the allotment under section 1921 for the State for 

21 the fiscal year involved by an amount equal to 10 

22 percent of the amount determined under section 

23 1933 for the State for such fiscal year. Such reduc24 tion shall be in addition to the reduction under para25 graph (2). 


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1 ‘‘(f) ASSISTANCE IN IMPLEMENTING PROGRAMS.—In 

2 order to assist States in establishing and implementing 

3 State laws described in subsection (a), the Secretary 

4 shall— 

5 ‘‘(1) develop not later than January 1, 2009, 

6 and subsequently revise as appropriate, model legis7 lative language; and 

8 ‘‘(2) provide technical assistance and guidance 

9 in developing, enacting, and implementing such laws 

10 and in setting goals pursuant to subsection (b). 

11 ‘‘(g) DEFINITION.—In this section, the term ‘first ap12 plicable fiscal year’ means— 

13 ‘‘(1) fiscal year 2012, in the case of any State 

14 described in subsection (a)(2); and 

15 ‘‘(2) fiscal year 2010, in the case of any other 

16 State.’’. 

17 (b) EFFECTIVE DATE.— 

18 (1) IN GENERAL.—The amendment made by 

19 subsection (a) shall apply with respect to the first 

20 applicable fiscal year and each subsequent fiscal 

21 year. The provisions of section 1926 of the Public 

22 Health Service Act (42 U.S.C. 300x–26), as in effect 

23 on the day before the date of the enactment of this 

24 Act, shall apply with respect to fiscal years pre25 ceding the first applicable fiscal year. 


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1 (2) DEFINITION.—In this subsection, the term 

2 ‘‘first applicable fiscal year’’ has the meaning given 

3 such term in subsection (g) of section 1926 of the 

4 Public Health Service Act (42 U.S.C. 300x–26), as 

5 amended by subsection (a) of this section. 

6 SEC. 3. PUBLIC DISCLOSURE OF INGREDIENTS. 

7 Section 7 of the Federal Cigarette Labeling and Ad8 vertising Act (15 U.S.C. 1335a) is amended— 

9 (1) in subsection (a), by striking ‘‘the company 

10 which uses the ingredients or’’; and 

11 (2) by amending subsection (b)(2) to read as 

12 follows: 

13 ‘‘(2) The Secretary shall make any information pro14 vided under this section accessible to the public on the 

15 Internet not later than 48 hours after receipt by the Sec16 retary.’’. 

Æ 


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