I
105TH CONGRESS
2D SESSION
H. R. 3474
To help parents keep their children from starting to use tobacco products,
to expose the tobacco industry’s past misconduct and to stop the tobacco
industry from targeting children, to eliminate or greatly reduce the
illegal use of tobacco products by children, to improve the public health
by reducing the overall use of tobacco products, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 17, 1998
Mr. FAZIO of California (for himself, Mr. GEPHARDT, Mr. BONIOR, Mr.
PALLONE, Mr. SAWYER, Mr. MEEHAN, Mr. ACKERMAN, Mr. ALLEN, Mr.
BECERRA, Mr. BLUMENAUER, Mr. BOSWELL, Mr. BROWN of California,
Ms. DEGETTE, Mr. DELAHUNT, Ms. DELAURO, Mr. FALEOMAVAEGA,
Mr. FARR of California, Mr. FORD, Mr. HINCHEY, Mr. KENNEDY of
Massachusetts, Mr. LAFALCE, Mr. LAMPSON, Mr. LANTOS, Mr. LEVIN,
Mr. LEWIS of Georgia, Mr. LIPINSKI, Mr. MATSUI, Ms. MCCARTHY of
Missouri, Mr. MCGOVERN, Mr. MCHALE, Mr. MINGE, Mr. NADLER, Ms.
NORTON, Mr. OBERSTAR, Mr. OLVER, Mr. POMEROY, Ms. ROYBAL-AL-
LARD, Mr. SERRANO, Mr. SHERMAN, Mr. STOKES, Mrs. TAUSCHER, Ms.
VELA´ZQUEZ, Mr. WEXLER, Ms. WOOLSEY, Mr. UNDERWOOD, AND MR.
YATES) introduced the following bill; which was referred to the Commit-
tee on Commerce, and in addition to the Committee on Ways and Means,
the Judiciary, Education and the Workforce, Agriculture, the Budget, Re-
sources, and International Relations, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To help parents keep their children from starting to use
tobacco products, to expose the tobacco industry’s past
misconduct and to stop the tobacco industry from target-
ing children, to eliminate or greatly reduce the illegal
use of tobacco products by children, to improve the public
health by reducing the overall use of tobacco products,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Healthy Kids Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
TITLE I—HEALTHY KIDS TRUST FUND
Subtitle A—General Provisions
Sec. 101. Establishment of Trust Fund.
Sec. 102. Liability of tobacco product manufacturers.
Sec. 103. Licensing of manufacturers.
Sec. 104. Enforcement.
Subtitle B—Payments
CHAPTER 1—TO STATES
Sec. 111. Payments to States.
CHAPTER 2—FEDERAL HEALTH PROGRAMS
Sec. 121. National Institutes of Health Trust Fund for Health Research.
CHAPTER 3—INVESTMENTS FOR CHILDREN
Sec. 131. Improving child care and early childhood development.
Sec. 132. Improving elementary education.
Sec. 133. Increased enrollment of children with the medicaid and State chil-
dren’s health insurance programs.
Sec. 134. Medicare cancer patient demonstration project; evaluation and report
to Congress.
TITLE II—FDA JURISDICTION OVER TOBACCO PRODUCTS
Sec. 201. Reference.
Sec. 202. Statement of general authority.
Sec. 203. Treatment of tobacco products as drugs and devices.
Sec. 204. Safety and efficacy standard and recall authority.
Sec. 205. General health and safety regulation of tobacco products.
‘‘SUBCHAPTER F—TOBACCO PRODUCTS
‘‘Sec. 571. Promulgation of regulations.
‘‘Sec. 572. Scientific Advisory Committee.
‘‘Sec. 573. Performance standards.
‘‘Sec. 574. Disclosure and reporting of tobacco and nontobacco ingredients
and constituents.
‘‘Sec. 575. Tobacco product warnings, labeling and packaging.
‘‘Sec. 576. Preservation of State and local authority.
‘‘Sec. 577. Restrictions on youth access to tobacco products.
‘‘Sec. 578. Public disclosure of health research.
‘‘Sec. 579. Citizen suits.
‘‘Sec. 580. Agricultural producers.
‘‘Sec. 581. Authority of Secretary.
Sec. 206. Repeals.
Sec. 207. Authority of Federal Trade Commission.
TITLE III—YOUTH SMOKING REDUCTION TARGETS AND
INCENTIVES TO REDUCE YOUTH SMOKING RATES
Sec. 301. Purpose.
Sec. 302. Child tobacco use surveys.
Sec. 303. Reduction in underage tobacco product usage.
Sec. 304. Noncompliance.
Sec. 305. Rulemaking procedures.
Sec. 306. Miscellaneous provisions.
TITLE IV—TOBACCO TRANSITION ASSISTANCE FOR PRODUCERS,
COMMUNITIES, AND OTHER PERSONS
Sec. 401. Minimum purchase requirements of domestic Flue-cured and Burley
tobacco for manufacturers of cigarettes.
Sec. 402. Tobacco Transition Trust Fund and use of Trust Fund.
TITLE V—STANDARDS TO REDUCE INVOLUNTARY EXPOSURE TO
TOBACCO SMOKE
Sec. 501. Standards to reduce involuntary exposure to tobacco smoke.
TITLE VI—PUBLIC HEALTH AND OTHER PROGRAMS
Subtitle A—Research Programs
Sec. 601. Tobacco-related research.
Sec. 602. Research relating to patterns of smoking.
Sec. 603. Surveillance and evaluation.
Subtitle B—Education and Prevention Programs
Sec. 611. Grants for school- and community-based tobacco danger education
programs.
Subtitle C—Miscellaneous Programs
Sec. 621. Counter-advertising programs.
Sec. 622. National Tobacco Cessation Program.
Sec. 623. Assistance for those suffering from tobacco-related illnesses.
Sec. 624. International tobacco control.
Sec. 625. National Event Sponsorship Program.
Sec. 626. Programs to reduce alcohol and illicit drug use by minors.
TITLE VII—LIABILITY PROTECTION; CONSENT DECREES;
NATIONAL PROTOCOL
Subtitle A—Liability Protection and Attorney Fees
Sec. 701. Dismissal of and limitations on civil actions.
Sec. 702. Attorney’s fees and expenses.
Subtitle B—Consent Decrees
Sec. 711. Consent decrees.
Sec. 712. Non-participating manufacturers.
Subtitle C—National Tobacco Control Protocol
CHAPTER 1—ESTABLISHMENT
Sec. 721. National Tobacco Control Protocol.
CHAPTER 2—TERMS AND CONDITIONS
Sec. 725. Application of chapter.
Sec. 726. Agreement to prohibit certain advertising.
Sec. 727. Consensual restrictions.
Sec. 728. Agreement on format and content requirements for labeling and ad-
vertising.
Sec. 729. Agreement to ban on nontobacco items and services, contests and
games of chance, and sponsorship of events.
CHAPTER 3—ENFORCEMENT
Sec. 731. Federal enforcement of the protocol.
Sec. 732. State enforcement of the protocol.
Sec. 733. Private enforcement of protocol.
TITLE VIII—MISCELLANEOUS PROVISIONS
Sec. 801. Prohibition on use of funds to facilitate the exportation or promotion
of tobacco.
Sec. 802. Whistleblower protections.
Sec. 803. Prohibitions relating to tobacco products and children.
Sec. 804. Preservation of State and local authority.
Sec. 805. Severability.
TITLE IX—PROVISIONS RELATING TO NATIVE AMERICANS
Sec. 901. Provisions relating to Native Americans.
TITLE X—TOBACCO ASBESTOS TRUST
Sec. 1001. Tobacco asbestos trust fund.
Sec. 1002. Funding of trust; assessment from tobacco companies.
Sec. 1003. Structure and operation.
Sec. 1004. Rights of parties.
Sec. 1005. Definitions.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 3,000 children begin smok-
ing each day. 1,000 of these children will die pre-
maturely from a tobacco-related illness or condition.
(2) The tobacco industry has targeted tobacco
product marketing and promotional efforts toward
children as a source of replacement smokers. The
industry has also targeted minorities.
(3) Approximately 90 percent of smokers start
by the time they are 18 years old. Half of all smok-
ers start by age 14.
(4) Although most children plan to quit smok-
ing after experimenting, the vast majority find that
they have become addicted and cannot quit.
(5) Seventy percent of adult smokers would like
to quit smoking, but the tobacco industry has ma-
nipulated the level of nicotine in tobacco products
and added ingredients to enhance the addictive ef-
fects of nicotine to ensure that users of these prod-
ucts remain addicted.
(6) Tobacco products cause cancer, heart dis-
ease, lung disease, and other fatal illnesses. More
than 400,000 Americans die each year of these to-
bacco-related illnesses and conditions.
(7) Tobacco-related illnesses, medical conditions
resulting from tobacco use, and lost wages and pro-
ductivity cost the United States in excess of
$100,000,000,000 annually.
(8) Federal and State taxpayers have spent and
will continue to spend tens of billions of dollars an-
nually paying for the medicare, medicaid, and other
Federal and State health program costs arising from
tobacco-related illnesses and conditions.
(9) The tobacco industry has systematically in-
voked and abused the attorney-client privilege to
hide its attempts to mislead the American public
about the health risks associated with tobacco use,
its manipulation of nicotine levels, and its efforts to
lure underage users and minorities to its products.
(10) Nicotine is an addictive drug. The market-
place for tobacco products is largely based on addic-
tion.
(11) Worldwide, smoking kills 3,000,000 people
each year. If current smoking patterns continue, to-
bacco use will kill 10,000,000 people a year by 2025.
(12) Environmental tobacco smoke is respon-
sible for 3,000 lung cancer deaths annually in Amer-
ican nonsmokers. Environmental tobacco smoke also
harms children’s health.
(13) In 1995, the tobacco industry spent close
to $4,900,000,000 to attract new users, retain cur-
rent users, increase current consumption, and gen-
erate favorable long-term attitudes toward smoking
and tobacco use.
(14) Tobacco product advertising misleadingly
portrays the use of tobacco as socially acceptable
and healthful.
(15) Tobacco product advertising is regularly
seen by persons under the age of 18, and persons
under the age of 18 are regularly exposed to tobacco
product promotional efforts.
(16) Through advertisements during and spon-
sorship of sporting events, tobacco has become
strongly associated with sports and has become por-
trayed as an integral part of sports and the healthy
lifestyle associated with rigorous sporting activity.
(17) Children are exposed to substantial and
unavoidable tobacco advertising, that leads to favor-
able beliefs about tobacco use, plays a role in leading
young people to overestimate the prevalence of to-
bacco use, and increases the number of young people
who begin to use tobacco.