I 
110TH CONGRESS 
2D SESSION 
H. R. 5513 
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 
FEBRUARY 28, 2008 
Mrs. BLACKBURN (for herself, Mrs. SCHMIDT, Mr. SHADEGG, Mr. FEENEY, 
Mr. FRANKS of Arizona, Mr. COBLE, Ms. FALLIN, Mr. SESSIONS, and 
Mr. MCHENRY) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Adolescent Smok-
ing Without Excessive Bureaucracy Act of 2008’’. 
SEC. 2. YOUTH COMPLIANCE TARGET AND ENFORCEMENT. 
(a) AMENDMENT.—Section 1926 of the Public 
Health Service Act (42 U.S.C. 300x–26) is amended to 
read as follows: 
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‘‘SEC. 1926. STRENGTHENING STATE LAWS RELATING TO 
TOBACCO PRODUCT SALES TO INDIVIDUALS 
UNDER THE AGE OF 18. 
‘‘(a) RELEVANT LAW.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
for fiscal year 2010 and subsequent fiscal years, the 
Secretary may make a grant under section 1921 
only if the State involved has in effect a law pro-
viding that— 
‘‘(A) it is unlawful for any manufacturer, 
retailer, or distributor of tobacco products to 
sell or distribute any such product to any indi-
vidual under 18 years of age; 
‘‘(B) it is unlawful for an individual under 
18 years of age— 
‘‘(i) to purchase or attempt to pur-
chase, or receive or attempt to receive, a 
tobacco product; or 
‘‘(ii) to possess or attempt to possess 
a tobacco product in a public place; 
‘‘(C) a law enforcement agency, upon de-
termining that an individual under 18 years of 
age allegedly purchased or received a tobacco 
product, or allegedly possessed a tobacco prod-
uct in a public place, shall notify the individ-
ual’s parent or parents, custodian, or guardian 
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(if the name and address of a parent, guardian, 
or custodian is reasonably ascertainable); 
‘‘(D) within 180 days after the effective 
date of such State law, any person engaged in 
the business of distributing tobacco products at 
retail shall implement a program— 
‘‘(i) to notify each employee employed 
by that person who distributes tobacco 
products that State law prohibits the sale 
or distribution of tobacco products to any 
individual under 18 years of age and the 
purchase or receipt, or possession in a pub-
lic place, of tobacco products by any such 
individual; and 
‘‘(ii) to ensure compliance with such 
law; 
‘‘(E) an employer shall not be in violation 
of the prohibition described in subparagraph 
(A) if such employer— 
‘‘(i) relies upon proof of age that ap-
peared on its face to be valid; or 
‘‘(ii) implements a program in accord-
ance with subparagraph (D); and 
‘‘(F) an individual who violates the prohi-
bition described in subparagraph (B) may be 
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year preceding the fiscal year for which the 
State is seeking the grant; 
‘‘(ii) the extent of success the State 
has achieved in meeting the goals estab-
lished pursuant to subsection (b) and in 
reducing the availability of tobacco prod-
ucts to individuals under 18 years of age; 
and 
‘‘(iii) the strategies to be utilized by 
the State for enforcing such law during the 
fiscal year for which the grant is sought. 
‘‘(3) USE OF INDIVIDUALS UNDER 18 YEARS OF 
AGE IN INSPECTIONS.—A funding agreement for a 
grant under section 1921 is that the State may en-
gage an individual under 18 years of age to test 
compliance with the law described in subsection (a) 
only if— 
‘‘(A) the testing is conducted with the 
written consent of a parent or legal guardian of 
such individual; and 
‘‘(B) such individual acts under the direct 
supervision of the State during a random, un-
announced inspection. 
‘‘(d) USE OF STATE SETTLEMENT PROCEEDS.—A 
funding agreement for a grant under section 1921 is that 
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the State involved certifies to the Secretary that, with re-
spect to the calendar year preceding the year in which the 
State is applying for such a grant, the State expended 
more than 10 percent of the funds paid to the State for 
such calendar year as part of the comprehensive settle-
ment of November 1998 (as referred to in section 
1903(d)(3)(B)(i) of the Social Security Act) on health pro-
grams, tobacco control and cessation activities, or eco-
nomic development for tobacco regions. 
‘‘(e) NONCOMPLIANCE OF STATE.— 
‘‘(1) DETERMINATION BY SECRETARY.—Before 
making a grant under section 1921 to a State for 
any fiscal year, the Secretary shall make a deter-
mination of whether the State has maintained com-
pliance with subsections (a), (b), (c), and (d). 
‘‘(2) REDUCTION OF ALLOTMENT.—Beginning 
with respect to the first applicable fiscal year, if, 
after notice to the State and an opportunity for a 
hearing, the Secretary determines that the State is 
not in compliance with any of subsections (a), (b), 
or (c), the Secretary shall reduce the amount of the 
allotment under section 1921 for the State for the 
fiscal year involved by an amount equal to— 
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‘‘(A) in the case of fiscal year 2010, 10 
percent of the amount determined under section 
1933 for the State for the fiscal year; 
‘‘(B) in the case of fiscal year 2011, 20 
percent of the amount determined under section 
1933 for the State for the fiscal year; 
‘‘(C) in the case of fiscal year 2012, 30 
percent of the amount determined under section 
1933 for the State for the fiscal year; and 
‘‘(D) in the case of fiscal year 2013 or any 
subsequent fiscal year, 40 percent of the 
amount determined under section 1933 for the 
State for the fiscal year. 
‘‘(3) ADDITIONAL REDUCTION.—Beginning with 
respect to the first applicable fiscal year, if the Sec-
retary determines under paragraph (1) that the 
State is not in compliance with any of subsections 
(a), (b), or (c), and is not in compliance with sub-
section (d), the Secretary may reduce the amount of 
the allotment under section 1921 for the State for 
the fiscal year involved by an amount equal to 10 
percent of the amount determined under section 
1933 for the State for such fiscal year. Such reduc-
tion shall be in addition to the reduction under para-
graph (2). 
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‘‘(f) ASSISTANCE IN IMPLEMENTING PROGRAMS.—In 
order to assist States in establishing and implementing 
State laws described in subsection (a), the Secretary 
shall— 
‘‘(1) develop not later than January 1, 2009, 
and subsequently revise as appropriate, model legis-
lative language; and 
‘‘(2) provide technical assistance and guidance 
in developing, enacting, and implementing such laws 
and in setting goals pursuant to subsection (b). 
‘‘(g) DEFINITION.—In this section, the term ‘first ap-
plicable fiscal year’ means— 
‘‘(1) fiscal year 2012, in the case of any State 
described in subsection (a)(2); and 
‘‘(2) fiscal year 2010, in the case of any other 
State.’’. 
(b) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall apply with respect to the first 
applicable fiscal year and each subsequent fiscal 
year. The provisions of section 1926 of the Public 
Health Service Act (42 U.S.C. 300x–26), as in effect 
on the day before the date of the enactment of this 
Act, shall apply with respect to fiscal years pre-
ceding the first applicable fiscal year. 
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(2) DEFINITION.—In this subsection, the term 
‘‘first applicable fiscal year’’ has the meaning given 
such term in subsection (g) of section 1926 of the 
Public Health Service Act (42 U.S.C. 300x–26), as 
amended by subsection (a) of this section. 
SEC. 3. PUBLIC DISCLOSURE OF INGREDIENTS. 
Section 7 of the Federal Cigarette Labeling and Ad-
vertising Act (15 U.S.C. 1335a) is amended— 
(1) in subsection (a), by striking ‘‘the company 
which uses the ingredients or’’; and 
(2) by amending subsection (b)(2) to read as 
follows: 
‘‘(2) The Secretary shall make any information pro-
vided under this section accessible to the public on the 
Internet not later than 48 hours after receipt by the Sec-
retary.’’. 
Æ 
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