H.R.3738 - International Tobacco Responsibility Act105th Congress (1997-1998)
|Sponsor:||Rep. Doggett, Lloyd [D-TX-10] (Introduced 04/28/1998)|
|Committees:||House - Commerce; International Relations; Judiciary; National Security; Resources; Ways and Means|
|Latest Action:||05/11/1998 Executive Comment Requested from DOD.|
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Subject — Policy Area:
- Foreign Trade and International Finance
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Summary: H.R.3738 — 105th Congress (1997-1998)All Bill Information (Except Text)
Introduced in House (04/28/1998)
TABLE OF CONTENTS:
Title I: Prohibitions Relating to Tobacco Products and
Title II: Prohibition on Use of Funds to Facilitate the
Exportation or Promotion of Tobacco
Title III: American Center on Global Health and Tobacco
Title IV: Prevention of Tobacco Smuggling
Title V: Sense of Congress
Title I: Prohibitions Relating to Tobacco Products and Children - International Tobacco Responsibility Act - Amends the Federal Food, Drug, and Cosmetic Act to make it unlawful for any U.S. domestic concern, or any of its officers or employees, to: (1) sell or distribute tobacco products to children in a foreign country; (2) advertise or promote tobacco products in a foreign country in a manner that does not comply with Federal requirements for the advertisement or promotion of such products in the United States; or (3) export, from the United States or any other country, tobacco products to a foreign country, unless in the country's primary language the tobacco product package bears a warning label that complies with Federal labeling requirements, or the labeling requirements of the foreign country which are similar to Federal requirements and are adequately enforced by such country. Provides for enforcement, including rewards for informants.
Title II: Prohibition On Use of Funds to Facilitate the Exportation or Promotion of Tobacco - Prohibits the use of funds to: (1) promote the export of tobacco products to or in a foreign country; or (2) seek, through negotiation or otherwise, reduction or removal of restrictions imposed by such country with respect to the sale of such products (except where a restriction's manner of application constitutes a means of arbitrary or unjustified discrimination between countries).
Title III: American Center On Global Health and Tobacco - Requires two percent of any funds paid to the United States by tobacco manufacturers in accordance with the proposed Tobacco Settlement adopted June 20, 1997 (which would resolve the controversy between tobacco manufacturers and the States), or of any increase in the Federal excise tax on tobacco products, to go to: (1) the American Center on Global Health and Tobacco (ACT); and (2) the Secretary of Health and Human Services for grants and other assistance to foreign governments, nongovernmental organizations, and international organizations to support tobacco control activities in such countries.
(Sec. 302) Establishes ACT as a private, nonprofit corporation in the District of Columbia to assist organizations in other countries to reduce and prevent the use of tobacco.
Title IV: Prevention of Tobacco Smuggling - Requires the Secretary of the Treasury to promulgate regulations for the packaging and labeling of tobacco products. Makes it unlawful for any person to sell, or remove from customs custody for use, any tobacco product unless: (1) a unique serial number is printed on all its packages; and (2) each tobacco product package that is exported is labeled with the name of the country of final destination. Prohibits a person from altering or removing any mark or label required under this Act.
(Sec. 403) Makes it unlawful for any person to export a tobacco product unless such person: (1) has posted bond with the Secretary which contains a disclosure of the country to which it will be exported; and (2) receives a statement from the product recipient that such recipient will not knowingly and willfully violate a law of such country with respect to such products, and has never been convicted of any tobacco related offense. Sets forth certain bond requirements.
(Sec. 404) Directs the Secretary to establish a program for the issuance of tobacco product permits to persons (except retailers) who sell, ship, or remove such products from customs custody for use. Prohibits the importation or sale of tobacco products without such permits.
(Sec. 405) Makes it unlawful, except pursuant to a permit, to: (1) import tobacco products into, or sell such products in, the United States; or (2) manufacture, package, sell, or resell tobacco products at wholesale.
(Sec. 406) Directs the Secretary of Defense to promulgate regulations which: (1) set forth certain limits on the sale of tobacco and noncigarette tobacco products on military installations and Indian reservations; and (2) require the labeling with such restrictions on each tobacco product package sold on such installation or reservation.
(Sec. 407) Directs the Secretary to promulgate regulations to enforce a reasonable per day limit on the sale of tobacco products at duty-free shops. Prohibits a person from forwarding through or manufacturing such products in a foreign trade zone.
(Sec. 408) Grants U.S. district courts jurisdiction of any suit brought by the Attorney General to prevent and restrain violations of this Act. Sets forth penalties for such violations.
(Sec. 409) Amends Federal criminal law with respect to "contraband cigarettes" (including "contraband tobacco products") to decrease from 60,000 to 30,000 the threshold quantity of such products determining criminality. Extends the definition of contraband cigarettes to States that do not require indication of the payment of cigarette taxes to cover situations where the person in possession of cigarettes is unable to provide evidence that they are moving legally in interstate commerce.
Makes it unlawful for any person to knowingly: (1) transport, possess, sell, or purchase contraband tobacco products (currently, only contraband cigarettes); (2) make any false statement with respect to certain required information to be kept in records of any person who sells or distributes tobacco products (currently, only cigarettes) in excess of 30,000 in a single transaction; (3) fail to maintain distribution records, alter or obliterate required markings, or interfere with any inspection as required or prohibited under Federal law with respect to such quantity of tobacco products; or (4) transport tobacco products under a false bill of lading or without any bill of lading. Makes similar changes to certain recordkeeping requirements.
Subjects any proceeds from the unlawful distribution of tobacco products to seizure and forfeiture proceedings.
Title V: Sense of Congress - Expresses the sense of the Congress that the Government should support the development, adoption, and implementation of the International Framework Convention on Tobacco Control through all available resources, including direct financial support, technical assistance, and any other appropriate measure.