115
manufacture, package, or import such products for
sale or distribution within the United States.
‘‘(5) TELEVISION AND RADIO ADVERTISING.—It
shall be unlawful to advertise smokeless tobacco on
any medium of electronic communications subject to
the jurisdiction of the Federal Communications
Commission.
‘‘(c) ENFORCEMENT.—Not later than 180 days after
the date of the enactment of this title, the Secretary shall
promulgate such regulations as may be necessary to en-
force subsections (a) and (b).
‘‘(d) INJUNCTIONS.—The several district courts of
the United States are vested with jurisdiction, for cause
shown, to prevent and restrain violations of this section
upon the application of the Secretary in the case of a viola-
tion of subsection (a) or (b).
‘‘(e) CONSTRUCTION.—
‘‘(1) IN GENERAL.—Noting in this section shall
be construed to limit the ability of the Secretary the
change the text or layout of any of the warning
statements, or any of the labeling provisions, under
subsections (a) and (b), if determined necessary by
the Secretary.
‘‘(2) UNFAIR
ACTS.—Nothing in this section
(other than the requirements of subsections (a) and
116
(b)) shall be construed to limit or restrict the au-
thority of the Secretary with respect to unfair or de-
ceptive acts or practices in the advertising of ciga-
rettes or smokeless tobacco products.
‘‘(f) LIMITED PREEMPTION.—
‘‘(1) STATE AND LOCAL ACTION.—
‘‘(A) LIMITATION.—No warning label with
respect to cigarettes or smokeless tobacco prod-
ucts, other than the warning labels required by
subsections (a) and (b), shall be required by
any State or local statute or regulation to be in-
cluded on any package or in any advertisement
of cigarettes or a smokeless tobacco product.
‘‘(B) RULE OF CONSTRUCTION.—Nothing
in this section shall be construed as prohibiting
a State or political subdivision of a State from
enacting statutes or regulations concerning
cigarettes or smokeless tobacco products so long
as such statutes or regulations do not conflict
with the labeling and advertising requirements
of this section or require additional statements
on cigarette or smokeless tobacco packages.
‘‘(2) EFFECT ON LIABILITY LAW.—Except as
otherwise provided in this section, nothing in this
section shall relieve any person from liability at com-
117
mon law or under State statutory law to any other
person.
‘‘(g) REPORTS.—Not later than 1 year after the date
of enactment of this chapter, and biennially thereafter, the
Secretary shall prepare and submit to Congress a report
containing—
‘‘(1) a description of the effects of health edu-
cation efforts on the use of cigarettes and smokeless
tobacco products;
‘‘(2) a description of the use by the public of
cigarettes and smokeless tobacco products;
‘‘(3) an evaluation of the health effects of ciga-
rettes and smokeless tobacco products and the iden-
tification of areas appropriate for further research;
and
‘‘(4) such recommendations for legislation and
administrative action as the Secretary considers ap-
propriate.
‘‘(h) EXPORTS.—Packages of cigarettes or smokeless
tobacco products manufactured, imported, or packaged—
‘‘(1) for export from the United States; or
‘‘(2) for delivery to a vessel or aircraft, as sup-
plies, for consumption beyond the jurisdiction of the
internal revenue laws of the United States;
118
shall be exempt from the requirements of this chapter, but
such exemptions shall not apply to cigarettes or smokeless
tobacco products manufactured, imported, or packaged for
sale or distribution to members or units of the Armed
Forces of the United States located outside of the United
States.
‘‘(i) APPLICATION.—The Secretary shall exercise the
authority provided for in this section notwithstanding the
provisions of the Federal Cigarette Labeling and Advertis-
ing Act (15 U.S.C. 1331 et seq.) and the Comprehensive
Smokeless Tobacco Health Education Act of 1986 (15
U.S.C. 4401 et seq.).
‘‘SEC. 911. STATEMENT OF INTENDED USE.
‘‘(a) REQUIREMENT.—Each manufacturer, distribu-
tor, and retailer advertising or causing to be advertised,
disseminating or causing to be disseminated, advertising
concerning cigarettes, cigarette tobacco, or smokeless to-
bacco products otherwise permitted under this chapter
shall include, as provided in section 502, the established
name of the product and a statement of the intended use
of the product as provided for in subsection (b).
‘‘(b) USE STATEMENTS.—
‘‘(1) CIGARETTES.—A statement of intended
use for cigarettes or cigarette tobacco is as follows
(whichever is appropriate):
119
‘‘Cigarettes—A Nicotine-Delivery Device for
Persons 18 or Older.
‘‘Cigarette Tobacco—A Nicotine-Delivery De-
vice for Persons 18 or Older.
‘‘(2) SMOKELESS TOBACCO.—A statement of in-
tended use for a smokeless tobacco product is as fol-
lows (whichever is appropriate):
‘‘Loose Leaf Chewing Tobacco—A Nicotine-De-
livery Device for Persons 18 or Older.
‘‘Plug Chewing Tobacco—A Nicotine-Delivery
Device for Persons 18 or Older.
‘‘Twist Chewing Tobacco—A Nicotine-Delivery
Device for Persons 18 or Older.
‘‘Moist Snuff—A Nicotine-Delivery Device for
Persons 18 or Older.
‘‘Dry Snuff—A Nicotine-Delivery Device for
Persons 18 or Older.
‘‘(c) TYPE AND LOCATION.—The Secretary shall pro-
mulgate regulations with respect to the type, color, size,
and placement of statements required under this section
on labels and in advertisements.
‘‘SEC. 912. MISCELLANEOUS PROVISIONS.
‘‘(a) PRESERVATION OF STATE AND LOCAL AUTHOR-
ITY.—Except as otherwise provided for in this chapter,
nothing in this chapter shall be construed as prohibiting
120
a State from imposing requirements, prohibitions, pen-
alties or other measures to further the purposes of this
chapter that are in addition to the requirements, prohibi-
tions, or penalties required under this chapter. To the ex-
tent not inconsistent with the purposes of this chapter,
State and local governments may impose additional to-
bacco product control measures to further restrict or limit
the use of such products by minors.
‘‘(b) REGULATIONS.—The Secretary may promulgate
regulations to enforce the provisions of this chapter, or
to modify, alter, or expand the requirements and protec-
tions provided for in this chapter if the Secretary deter-
mines that such modifications, alternations, or expansion
is necessary.’’.
TITLE III—STANDARDS TO RE-
DUCE 
INVOLUNTARY 
EXPO-
SURE TO TOBACCO SMOKE
SEC. 301. STANDARDS TO REDUCE INVOLUNTARY EXPO-
SURE TO TOBACCO SMOKE.
The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.) is amended by adding at the end the
following:
‘‘SEC. 35. STANDARDS TO REDUCE INVOLUNTARY EXPO-
SURE TO TOBACCO SMOKE
‘‘(a) DEFINITIONS.—In this section—
121
‘‘(1) PUBLIC FACILITY.—
‘‘(A) IN GENERAL.—The term ‘public facil-
ity’ means any building regularly entered by 10
or more individuals at least 1 day per week, in-
cluding any such building owned by or leased to
a Federal, State, or local government entity.
Such term shall not include any building or
portion thereof regularly used for residential
purposes.
‘‘(B) EXCLUSIONS.—The term ‘public fa-
cility’ does not include a portion of a building
which is used as a bar, tobacco merchant, a
hotel guest room that is designated as a smok-
ing room, or prison.
‘‘(2) RESPONSIBLE ENTITY.—The term ‘respon-
sible entity’ means, with respect to any public facil-
ity, the owner of such facility except that, in the
case of any such facility or portion thereof which is
leased, such term means the lessee.
‘‘(b) SMOKE-FREE ENVIRONMENT POLICY.—
‘‘(1) POLICY REQUIRED.—In order to protect
children and adults from cancer, respiratory disease,
heart disease, and other adverse health effects from
breathing environmental tobacco smoke, the respon-
sible entity for each public facility shall adopt and
122
implement at such facility a smoke-free environment
policy which meets the requirements of paragraph
(2) or (4).
‘‘(2) ELEMENTS OF POLICY.—
‘‘(A) IN GENERAL.—Each smoke-free envi-
ronment policy for a public facility shall—
‘‘(i) prohibit the smoking of ciga-
rettes, cigars, and pipes, and any other
combustion of tobacco within the facility
and on facility property within the imme-
diate vicinity of the entrance to the facility;
and
‘‘(ii) post a clear and prominent no-
tice of the smoking prohibition in appro-
priate and visible locations at the public fa-
cility.
‘‘(B) EXCEPTION.—The smoke-free envi-
ronment policy for a public facility may provide
an exception to the prohibition specified in sub-
paragraph (A) for 1 or more specially des-
ignated smoking areas within a public facility if
such area or areas meet the requirements of
paragraph (3).
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‘‘(3) 
SPECIALLY
DESIGNATED
SMOKING
AREAS.—A specially designated smoking area meets
the requirements of this subsection if—
‘‘(A) the area is ventilated in accordance
with specifications promulgated by the Sec-
retary of Labor that ensure that air from the
area is directly exhausted to the outside and
does not recirculate or drift to other areas with-
in the public facility;
‘‘(B) the area is maintained at negative
pressure, as compared to adjoined nonsmoking
areas, as determined under regulations promul-
gated by the Secretary of Labor; and
‘‘(C) nonsmoking individuals do not have
to enter the area for any purpose while smoking
is occurring in such area.
Cleaning and maintenance work shall be conducted
in such area only while no smoking is occurring in
the area.
‘‘(4) SPECIAL RULES.—
‘‘(A) SCHOOLS
AND
OTHER
FACILITIES
SERVING CHILDREN.—
‘‘(i) IN GENERAL.—With respect to a
facility described in clause (ii), the respon-
sible entity for the facility shall adopt and
124
implement at such facility a smoke-free en-
vironment policy that—
‘‘(I) prohibits the smoking of
cigarettes, cigars, and pipes, and any
other combustion of tobacco within
the facility and on facility property;
‘‘(II) prohibits the use of smoke-
less tobacco products within the facil-
ity and on facility property; and
‘‘(III) post a clear and prominent
notice of the smoking and smokeless
tobacco prohibition in appropriate and
visible locations at the public facility.
‘‘(ii) FACILITY.—A facility described
in this clause is—
‘‘(I) an elementary or secondary
school (as such term is defined in sec-
tion 14101 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 8801);
‘‘(II) any facility at which a
Head Start program or project is
being carried out under the Head
Start Act (42 U.S.C. 9831 et. seq.);
125
‘‘(III) any facility at which a li-
censed or certified child care provider
provides child care services; and
‘‘(IV) any recreation or other fa-
cility maintained primarily to provide
services to children as determined by
the Secretary or Labor.
‘‘(B) PUBLIC TRANSPORTATION.—With re-
spect to any responsible entity which operates
conveyances of public transportation (including
bus, rail, aircraft, boat, or any other conveyance
determined appropriate by the Secretary of
Labor), the responsible entity shall adopt and
implement on such conveyances a smoke-free
environment policy that—
‘‘(i) prohibits the smoking of ciga-
rettes, cigars, and pipes, and any other
combustion of tobacco within the convey-
ance and on property affiliated with the
conveyance; and
‘‘(ii) post a clear and prominent no-
tice of the smoking prohibition in appro-
priate and visible locations on the convey-
ance.
126
‘‘(c) ENFORCEMENT.—To be eligible to receive funds
under title XXVIII of the Public Health Service Act, a
State shall have in effect laws or procedures to provide
for the enforcement of this section within the State. Such
laws or procedures shall permit aggrieved individuals to
enforce this section through administrative or judicial
means.
‘‘(d) PREEMPTION.—Nothing in this section shall
preempt or otherwise affect any other Federal, State or
local law which provides protection from health hazards
from environmental tobacco smoke that are as least as
stringent as those provided for in this section.
‘‘(e) REGULATIONS.—The Secretary of Labor is au-
thorized to promulgate such regulations as the Secretary
deems necessary to carry out this section.
‘‘(f) EFFECTIVE DATE.—The provisions of this sec-
tion shall take effect on the date that is 1 year after the
date of enactment of this section.’’.
TITLE IV—TOBACCO MARKET
TRANSITION ASSISTANCE
SEC. 401. DEFINITIONS.
In this title:
(1) BUYOUT
PAYMENT.—The term ‘‘buyout
payment’’ means a payment made under section
411, 412, or 413.
127
(2) CONTRACT.—The term ‘‘contract’’ means a
contract entered into under section 411, 412, or
413.
(3) LEASE.—The term ‘‘lease’’ means a rental
of quota on either a cash rent or crop share basis.
(4) MARKETING YEAR.—The term ‘‘marketing
year’’ means—
(A) in the case of Flue-cured tobacco, the
period beginning July 1 and ending the follow-
ing June 30; and
(B) in the case of each other kind of to-
bacco, the period beginning October 1 and end-
ing the following September 30.
(5) QUOTA OWNER.—The term ‘‘quota owner’’
means a person that, at the time of entering into a
contract, owns quota provided by the Secretary.
(6) PRODUCER
OF
QUOTA.—The term ‘‘pro-
ducer of quota’’ means a person that during at least
3 of the 1993 through 1997 crops of tobacco (as de-
termined by the Secretary) that were subject to
quota—
(A) leased quota;
(B) shared in the risk of producing a crop
of tobacco; and
(C) marketed the tobacco subject to quota.
128
(7) PRODUCER OF NON-TOBACCO QUOTA.—The
term ‘‘producer of non-tobacco quota’’ means a per-
son that during at least 1 of the crop years 1995
through 1997 grew and marketed tobacco not sub-
ject to quota.
(8) QUOTA.—The term ‘‘quota’’ means basic
marketing quota for tobacco determined by the Sec-
retary under the Agricultural Adjustment Act of
1938 (7 U.S.C. 1281 et seq.).
(9) QUOTA HOLDER.—The term ‘‘quota holder’’
means a producer that owns a farm for which a to-
bacco farm marketing quota or farm acreage allot-
ment was established under the Agricultural Adjust-
ment Act of 1938 (7 U.S.C. 1281 et seq.) for any
of the 1994, 1995, or 1996 crop years.
(10) QUOTA LESSEE.—The term ‘‘quota lessee’’
means—
(A) a producer that owns a farm that pro-
duced tobacco pursuant to a lease and transfer
to that farm of all or part of a tobacco farm
marketing quota or farm acreage allotment es-
tablished under the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1281 et seq.) for any of
the 1994, 1995, or 1996 crop years; or
129
(B) a producer that rented land from a
farm operator to produce tobacco under a to-
bacco farm marketing quota or farm acreage al-
lotment established under the Agricultural Ad-
justment Act of 1938 (7 U.S.C. 1281 et seq.)
for any of the 1994, 1995, or 1996 crop years.
(11) QUOTA TENANT.—The term ‘‘quota ten-
ant’’ means a producer that—
(A) is the principal producer, as deter-
mined by the Secretary, of tobacco on a farm
where tobacco is produced pursuant to a to-
bacco farm marketing quota or farm acreage al-
lotment established under the Agricultural Ad-
justment Act of 1938 (7 U.S.C. 1281 et seq.)
for any of the 1994, 1995, or 1996 crop years;
and
(B) is not a quota holder or quota lessee.
(12) SECRETARY.—In subtitles A and C, the
term 
‘‘Secretary’’ 
means 
the 
Secretary 
of
Agriculture.
(13) STATE.—The term ‘‘State’’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and
any other territory or possession of the United
States.
130
(14) TOBACCO.—The term ‘‘tobacco’’ means
any kind of tobacco produced and marketed in the
United States.
(15) TOBACCO-GROWING
STATE.—The term
‘‘tobacco-growing State’’ means Georgia, Kentucky,
North Carolina, South Carolina, Tennessee, or
Virginia.
(16) TRANSITION PAYMENT.—The term ‘‘tran-
sition payment’’ means a payment made to a pro-
ducer under section 411, 412, or 413.
(17) UNITED
STATES.—The term ‘‘United
States’’, when used in a geographical sense, means
all of the States.
Subtitle A—Tobacco Quota Buyout
Contracts and Producer Transi-
tion Payments
SEC. 411. QUOTA OWNER BUYOUT CONTRACTS.
(a) OFFER.—The Secretary shall offer to enter into
a quota buyout contract with the quota owner on each
farm to which a quota was assigned in 1997.
(b) TERMS.—
(1) RELINQUISHMENT OF QUOTA.—Under the
terms of the contract, the owner shall agree, in ex-
change for a buyout payment, to permanently relin-
quish the quota.
131
(2) ELIGIBILITY FOR TOBACCO PROGRAM BENE-
FITS.—Neither the farm, in its current or future
ownership configuration, nor the contracting owner
shall be eligible for any tobacco program benefits
under the Agricultural Adjustment Act of 1938 (7
U.S.C. 1281 et seq.), or the Agricultural Act of
1949 (7 U.S.C. 1421 et. seq.).
(c) PAYMENT CALCULATION.—The total amount of
the buyout payment made to a quota owner shall be deter-
mined by multiplying—
(1) $4 by
(2) the average quantity of basic quota assigned
to the farm during the period 1995 through 1997.
SEC. 412. PRODUCER TRANSITION PAYMENTS FOR QUOTA
TOBACCO.
(a) OFFER.—The Secretary shall offer to producers
of quota tobacco that do not own the quota, but were
quota lessees or quota tenants in 1997, producer transi-
tion payment contracts.
(b) TERMS.—Under the terms of the transition con-
tract, the producer shall agree, in exchange for a payment,
to permanently refrain from growing tobacco for which a
quota program is in effect.