198
ucts for such purposes. The preceding sentence shall only
be construed to apply to those quantities of tobacco prod-
ucts necessary to fulfill recognized religious, traditional or
ceremonial purposes and not to permit the general market-
ing of tobacco products not in compliance with subchapter
F of chapter V of the Federal Food, Drug and Cosmetic
Act.
(c) PAYMENTS TO TRUST FUND.—Any Indian tribe
or tribal organization that engages in the manufacturer
of tobacco products shall be subject to liability for an as-
sessment under section 102.
(d) APPLICATION OF FEDERAL FOOD, DRUG AND
COSMETIC ACT REQUIREMENTS.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of the Interior, shall promul-
gate regulations to provide for the application of any
requirements of the Food, Drug and Cosmetic Act
with respect to tobacco products manufactured, dis-
tributed, or sold in any area within the jurisdiction
of an Indian tribe or tribal organization as appro-
priate to comply with subsections (a) and (b).
(2) ELIGIBILITY FOR ASSISTANCE.—Under the
regulations promulgated under paragraph (1), the
Secretary, after consultation with the Secretary of
the Interior, may provide assistance to an Indian
199
tribe or tribal organization in meeting and enforcing
the requirements under such regulations if—
(A) the tribe or organization has a govern-
ing body that has powers and carries out duties
that are similar to the powers and duties of
State or local governments and requests such
assistance by application to the Secretary;
(B) the functions to be exercised through
the use of such assistance relate to activities
within the exterior boundaries of the reservation
or other areas within the jurisdiction of the
tribe involved; and
(C) the tribe or organization is reasonably
expected to be capable of carrying out the func-
tions required by the Secretary.
(3) DETERMINATIONS.—The Secretary, in con-
sultation with the Secretary of the Interior, shall
make determinations concerning the eligibility of an
Indian tribe or tribal organization for assistance
under regulations under paragraph (1) not later
than 90 days after the date on which such tribe or
organization submits an application for such assist-
ance.
(4) IMPLEMENTATION BY SECRETARY.—If the
Secretary determines that the Indian tribe or tribal
200
organization is not willing or qualified to administer
the requirements of the regulations promulgated
under this subsection, the Secretary, in consultation
with the Secretary of the Interior, shall implement
and enforce such regulations on behalf of the tribe
or organization.
(e) RETAIL LICENSING REQUIREMENTS.—
(1) IN GENERAL.—The requirements of section
577 of the Federal Food, Drug and Cosmetic Act
(as added by section 204 of this Act) shall apply to
retailers that sell tobacco products in any area with-
in the jurisdiction of an Indian tribe or tribal orga-
nization.
(2) SELF-REGULATION.—In order to be eligible
for funds under subsection (f), an Indian tribe or
tribal organization shall implement a tribal licensing
program within the exterior boundaries of the res-
ervation and other areas within the jurisdiction of
the tribe consistent with the regulations promulgated
under section 577 of the Federal Food, Drug and
Cosmetic Act.
(3) IMPLEMENTATION BY SECRETARY.—If the
Secretary, in consultation with the Secretary of the
Interior, determines that the Indian tribe or tribal
organization is not qualified to administer the re-
201
quirements of section 577 of the Federal Food,
Drug and Cosmetic Act, the Secretary, in consulta-
tion with the Secretary of the Interior, shall imple-
ment such requirements on behalf of the tribe or or-
ganization.
(f) ELIGIBILITY FOR PUBLIC HEALTH PAYMENTS.—
(1) IN GENERAL.—For each fiscal year the Sec-
retary shall pay to each Indian tribe that has an ap-
proved tribal anti-smoking plan a tribal grant for
the fiscal year in an amount equal to the amount de-
termined under paragraph (3), and shall reduce the
amounts payable under section 111 to any State in
which the service area or areas of the Indian tribe
are located by the amount so determined.
(2) PLAN.—To be eligible to receive a payment
under paragraph (1), an Indian tribe shall prepare
and submit to the Secretary for approval an anti-
smoking plan and shall otherwise meet the require-
ments of subsection (e).
(3) AMOUNT
DETERMINED.—The amount of
any funds for which an Indian tribe is eligible under
paragraph (1) shall be determined by the Secretary
based on the ratio of the total number of Indians re-
siding on such tribe’s reservation or in areas within
the jurisdiction of the tribe in the State to the total
202
population of the State multiplied by the amount al-
located to State under section 111.
(4) USE.—Amounts provided to a tribe or orga-
nization under this paragraph shall be used to reim-
burse the tribe for smoking-related health expendi-
tures, to further the purposes of this Act, and in ac-
cordance with a plan submitted by the tribe or orga-
nization and approved by the Secretary as being in
compliance with this Act. Tribes and tribal organiza-
tions shall have the flexibility to utilize such
amounts to meet the unique health needs of such
tribes within the context of tribal health programs if
such programs meet the fundamental Federal re-
quirements under this Act as determined by the Sec-
retary.
(5) REALLOTMENT.—Any amounts set-aside
and not expended under this paragraph shall be re-
allotted among other eligible tribes and organiza-
tions.
(g) OBLIGATION OF MANUFACTURERS.—A partici-
pating manufacturer shall not engage in any activity in
an area within the jurisdiction of an Indian tribe or tribal
organization that is prohibited under the Protocol.
(h) INDIAN
HEALTH
SERVICE.—Amounts made
available under section 101(d)(5)(B) shall be provided to
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the Indian Health Service to be used for anti-tobacco-re-
lated consumption and cessation activities including—
(1) clinic and facility design, construction, re-
pair, renovation, maintenance and improvement;
(2) provider services and equipment;
(3) domestic and community sanitation associ-
ated with clinic and facility construction and im-
provement;
(4) inpatient and outpatient services; and
(5) other programs and services provided
through the Indian Health Service or through tribal
contracts, compacts, grants or cooperative agree-
ments with the Indian Health Service and which are
deemed appropriate to raising the health status of
Indians.
(i) PREEMPTION.—
(1) GENERAL PREEMPTION.—Except as other-
wise provided for in this section, nothing in this Act
shall be construed as prohibiting an Indian tribe or
tribal organization from imposing requirements, pro-
hibitions, penalties or other measures to further the
purposes of this Act that are in addition to the re-
quirements, prohibitions, or penalties required under
this Act.
204
(2) PUBLIC EXPOSURE TO SMOKE.—Nothing in
the amendment made by title V shall be construed
to preempt or otherwise affect any Indian tribe or
tribal organization rule or practice that provides
greater protection from the health hazards of envi-
ronmental tobacco smoke.
(3) NATIVE AMERICANS.—A State may not im-
pose obligations or requirements relating to the ap-
plication of this Act to Indian tribes and tribal orga-
nizations.
TITLE X—TOBACCO ASBESTOS
TRUST
SEC. 1001. TOBACCO ASBESTOS TRUST FUND.
(a) ESTABLISHMENT.—There is established in the
Treasury of the United States a trust fund to be known
as the ‘‘Tobacco Asbestos Trust Fund’’, consisting of the
amounts appropriated or credited to it pursuant to section
102.
(b) TRUSTEES.—Within 60 days of the date of the
enactment of this Act, the Secretary of Labor shall ap-
point as trustees of the fund one representative of asbestos
claimants, one representative of labor organizations with
asbestos claimants as members, one representative of as-
bestos trusts, and one representative of asbestos defend-
ants. These trustees shall appoint a fifth trustee who shall
206
(2) In fiscal year 2000, $1,500,000,000.
(3) In fiscal year 2001, $3,000,000,000.
(4) In fiscal year 2002, $3,000,000,000.
(5) In fiscal year 2003, $3,000,000,000.
(6) In fiscal year 2004, $3,000,000,000.
(7) For each of the fiscal years 2005 through
2014, $550,000,000 in each such year.
SEC. 1003. STRUCTURE AND OPERATION.
(a) DIVISION INTO TWO FUNDS.—The Tobacco As-
bestos Trust Fund shall be divided into two equal funds,
denominated as ‘‘Fund I’’ and ‘‘Fund II’’, and each such
fund shall conform to the rules of this title. Funds may
be paid out of each fund only to, or for the direct benefit
of, asbestos claimants, as follows:
(1) Fund I shall be established as a Qualified
Settlement Fund as permitted by the Internal Reve-
nue Code of 1986. Fund I represents some portion
of the amount of smoking-caused harm paid by as-
bestos trusts and defendants in the past. Fund I
shall be used to provide credits to asbestos trusts
and asbestos defendants, who settled and paid asbes-
tos claims of persons who had exposure to tobacco,
for the sole purpose of making payment to asbestos
claimants by the trustees of Fund I.
207
(2) Fund II shall be established as a Qualified
Settlement Fund as permitted by the Internal Reve-
nue Code of 1986. The purpose of this fund shall be
to pay asbestos/tobacco claims brought after the
date of enactment of this Act for the tobacco-caused
portion of the claimant’s harm, according to rules
established by the trustees.
(b) TIMING ADJUSTMENT.—The trustees may pro-
vide an advance in the form of a loan from funds available
in Fund II to Fund I as may be necessary to serve the
primary role of Fund I in paying existing or past claims
as compared to Fund II’s primary role in paying claims
submitted after the date of enactment.
SEC. 1004. RIGHTS OF PARTIES.
No tobacco company shall be liable in any civil suit
for harm caused by exposure to tobacco or exposure to
asbestos to any person who elects to receive and receives
compensation from Fund II, and such person shall execute
a release of all tobacco companies for any personal injury
claims attributable to tobacco or asbestos. No tobacco
company shall be liable to any asbestos trust or defendant
who elects to receive and receives credits from Fund I in
any contribution, indemnity, or any similar action on any
claim arising from payments or obligations for payments
208
to asbestos claimants made or incurred prior to the date
of enactment of this Act.
SEC. 1005. DEFINITIONS.
For purposes of this title:
(1) ASBESTOS
CLAIM.—The term ‘‘asbestos
claim’’ means a claim brought or capable of being
brought in a court of competent jurisdiction by a
person for personal injury, wrongful death, loss of
consortium, or other damages arising from the occu-
pational exposure to asbestos or asbestos-containing
products, including claims by spouses or household
members who were exposed to asbestos through the
occupational exposure of another person.
(2) ASBESTOS CLAIMANT.—The term ‘‘asbestos
claimant’’ means a person who brings an asbestos
claim.
(3) ASBESTOS/TOBACCO CLAIM.—The term ‘‘as-
bestos/tobacco claim’’ means a legally justiciable as-
bestos claim of a person who also claims injury, dis-
ease, or death arising from exposure to tobacco.
(4) ASBESTOS DEFENDANT.—The term ‘‘asbes-
tos defendant’’ means a person (including a partner-
ship or corporation) who has been sued in court on
an asbestos claim.
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(5) ASBESTOS
TRUST.—The term ‘‘asbestos
trust’’ means a court-supervised trust created to re-
solve asbestos claims arising directly or indirectly
from exposure to asbestos or asbestos-containing
products of an asbestos defendant.
Æ