Text: H.R.4189 — 105th Congress (1997-1998)All Information (Except Text)

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Introduced in House (06/25/1998)

 
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 4189 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4189

To amend the Public Health Service Act to establish authorities of the 
    departmental Office of Minority Health with respect to tobacco 
                   products, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 1998

Mr. Thompson (for himself, Mr. Underwood, Mr. Becerra, Mr. Kildee, Mrs. 
    Mink of Hawaii, Ms. Waters, Ms. Brown of Florida, Mr. Brown of 
California, Ms. Carson, Ms. Christian-Green, Mr. Clay, Mr. Clyburn, Mr. 
Conyers, Mr. Cummings, Mr. Davis of Illinois, Mr. Dixon, Mr. Engel, Mr. 
    Fattah, Mr. Faleomavaega, Mr. Filner, Ms. Furse, Mr. Ford, Mr. 
  Gutierrez, Mr. Hastings of Florida, Mr. Hinojosa, Mr. Hilliard, Mr. 
 Hinchey, Mr. Jackson of Illinois, Ms. Jackson-Lee of Texas, Ms. Eddie 
  Bernice Johnson of Texas, Ms. Kilpatrick, Mr. Lantos, Ms. Lee, Mr. 
   Lewis of Georgia, Mr. Matsui, Mr. Meeks of New York, Mrs. Meek of 
Florida, Mr. McDermott, Ms. Millender-McDonald, Mr. Nadler, Ms. Norton, 
     Mr. Owens, Mr. Pastor, Mr. Payne, Ms. Pelosi, Mr. Rangel, Mr. 
Rodriguez, Mr. Romero-Barcelo, Ms. Roybal-Allard, Mr. Rush, Mr. Scott, 
  Mr. Serrano, Mr. Stokes, Mr. Torres, Mr. Towns, Ms. Velazquez, Mr. 
    Waxman, Mr. Wynn, Mr. Meehan, and Mr. Gephardt) introduced the 
    following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to establish authorities of the 
    departmental Office of Minority Health with respect to tobacco 
                   products, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Minority Community Tobacco Reduction 
Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows with respect to cigarettes and other 
tobacco products:
            (1) Smoking rates among African American and Hispanic 
        teenagers rose dramatically from 1991 to 1997. During those 
        years, smoking rates among African American high school 
        students increased by a startling 80 percent, and smoking rates 
        among Hispanic high school students increased by 34 percent.
            (2) Smoking increases the rate of infant mortality and low 
        birthweight births, with the risk of low birthweight infants 
        almost twice as high for smokers than for nonsmokers. Among 
        smokers, the rate of sudden infant death syndrome is 
        particularly high for Hispanics, African Americans, and Asian 
        Americans.
            (3) The most recent data shows disturbing trends among 
        Asian American and American Indian/Alaska Native youth. From 
        1990 to 1995, smoking increased by 17 percent among Asian 
        American 12th graders and by 26 percent among their American 
        Indian and Alaska Native counterparts. Moreover, the Centers 
        for Disease Control has found that American Indians/Alaska 
        Natives adults have the highest tobacco use rate of all major 
        racial/ethnic groups in America at 42.2 percent (53.7 percent 
        of men and 33.1 percent of women) and the American Indian 
        Cancer Control Project has found that the death rate among 
        American Indians due to tobacco abuse is double the death rate 
        of other Americans. An average of two out of every five 
        American Indians die from tobacco abuse.
            (4) Minority smoking rates could be significantly higher if 
        the data reflected statistics collected for the territories of 
        the United States. National tobacco legislation should include 
        appropriate steps to plan, compile, analyze, and evaluate data 
        on tobacco use for such territories.
            (5) Smoking is a major cause of death and disease among all 
        racial and ethnic minority groups.
            (6) Lung cancer is the leading cancer death for all such 
        groups. The increase in youth smoking threatens to reverse 
        progress made against lung cancer among these groups.
            (7) The tobacco industry has targeted minority communities 
        in carrying out advertising and promotion campaigns, posing 
        serious challenges to reducing smoking in such communities.
            (8) Antitobacco efforts should be undertaken at levels 
        sufficient to ensure that rates of smoking are reduced among 
        minority groups, both adults and youths. Without such efforts, 
        significant increases in the retail price of tobacco products, 
        which some proposals for national tobacco legislation have 
        included, would constitute a regressive tax on racial and 
        ethnic minority groups.
            (9) Reductions among minority groups in the rate of smoking 
        and in tobacco-related diseases should be facilitated by 
        requiring that--
                    (A) the Office of Minority Health for the 
                Department of Health and Human Services (established 
                within the Public Health Service) to prepare, in 
                collaboration with other officials in the Public Health 
                Service, a comprehensive plan that concerns the use of 
                tobacco products by minority groups and is administered 
                by agencies of the Service; and
                    (B) if programs are established under which the 
                Secretary of Health and Human Services makes block 
                grants to the States for carrying out public health 
                activities regarding tobacco products, a portion of 
such grants be made available for directing such activities toward 
minority groups.
            (10) In order to redress the past targeting of minority 
        youth by the tobacco industry, financial support of educational 
        institutions that serve significant numbers of minority youth 
        should be increased.
            (11) Any new regulations concerning the use of tobacco 
        products in national tobacco legislation should recognize the 
        historic American Indian traditional and ceremonial use of 
        tobacco products, and preserve and protect the cultural, 
        religious, and ceremonial uses of tobacco by members of Indian 
        tribes.
            (12) Any national tobacco legislation which places new 
        regulations on tobacco products concerning tobacco use, 
        commerce, or business must recognize and respect Indian tribal 
        sovereignty and tribal authority to make and enforce laws 
        regarding the regulation of tobacco distributors and tobacco 
        products on Indian lands.
            (13) If national tobacco legislation restricts the ability 
        of the tobacco industry to sponsor athletic, musical, artistic, 
        or other social or cultural events or activities, the resulting 
        reduction in funds could lead to the discontinuation of small, 
        community-based events and activities, and could force small, 
        community-based newspapers and other periodicals into 
        bankruptcy. Any temporary transition assistance provided by 
        national tobacco legislation to events, activities, and 
        periodicals that have received sponsorship in the past from the 
        tobacco industry must give special consideration to small, 
        community-based events, activities, and periodicals until new 
        sponsors can be found.

  TITLE I--AUTHORITIES OF DEPARTMENTAL OFFICE OF MINORITY HEALTH WITH 
                      RESPECT TO TOBACCO PRODUCTS

SEC. 101. AUTHORITIES OF DEPARTMENTAL OFFICE OF MINORITY HEALTH.

    (a) In General.--Title XVII of the Public Health Service Act (42 
U.S.C. 300u et seq.)) is amended by inserting after section 1707 the 
following new section:

             ``minority health and use of tobacco products

    ``Sec. 1707A. (a) In General.--
            ``(1) Interagency coordination of minority tobacco 
        activities.--With respect to minority tobacco activities of the 
        Public Health Service, the Secretary shall plan, coordinate, 
        and evaluate all such activities that are conducted or 
        supported by the agencies of the Service that are designated in 
        subsection (b)(2), including activities relating to disease 
        prevention, health promotion, service delivery, and research.
            ``(2) Allocation from amounts under national tobacco 
        legislation.--Of the amounts made available for a fiscal year 
        to a designated agency of the Service for carrying out public 
        health activities regarding tobacco products (including amounts 
        made available to the agency pursuant to national tobacco 
        legislation), there shall be made available, for carrying out 
        minority tobacco activities under paragraph (1) through the 
        agency in accordance with the plan under subsection (c), not 
        less than the percentage constituted by the ratio of--
                    ``(A) the number of individuals in the States who 
                smoke or otherwise use tobacco products and are members 
                of racial or ethnic minority groups, as determined by 
                the Director of the Centers for Disease Control and 
                Prevention; to
                    ``(B) the total number of individuals in the States 
                who smoke or otherwise use such products, as so 
                determined.
    ``(b) Administration Through Office of Minority Health.--
            ``(1) In general.--The Secretary shall carry out this 
        section, including with respect to functions under paragraph 
        (3) and the plan under subsection (c), acting through the 
        Deputy Assistant Secretary for Minority Health and in 
        consultation with the advisory committee under subsection (e).
            ``(2) Collaboration with designated agencies of public 
        health service.--The Secretary shall carry out this section, 
        including with respect to functions under paragraph (3) and the 
        plan under subsection (c), in collaboration with the Director 
        of the Centers for Disease Control and Prevention, the 
        Administrator of the Health Resources and Services 
        Administration, the Director of the Indian Health Service, the 
        Director of the National Institutes of Health, and the 
        Administrator of the Substance Abuse and Mental Health Services 
        Administration (which agencies are collectively referred to in 
        this section as the `designated agencies').
            ``(3) Coordination.--In carrying out this section, the 
        Secretary shall act as the primary Federal official with 
        responsibility for overseeing all minority tobacco activities 
conducted or supported by the agencies referred to in paragraph (2), 
and--
                    ``(A) shall serve to represent matters regarding 
                minority tobacco activities at all relevant Executive 
                branch task forces and committees; and
                    ``(B) shall maintain communications with all 
                relevant agencies of the Service and with various other 
                departments of the Federal Government in order to 
                ensure the timely transmission between such agencies of 
                information concerning such activities, including 
                advances in research, and to ensure the dissemination 
                of information to affected communities and health care 
                providers.
    ``(c) Comprehensive Plan for Minority Tobacco Activities of 
Designated Agencies.--
            ``(1) In general.--Subject to the provisions of this 
        subsection and other applicable law, the Secretary, in planning 
        minority tobacco activities under subsection (a)(1), shall--
                    ``(A) establish a comprehensive plan for the 
                conduct and support of minority tobacco activities by 
                the designated agencies of the Service (which plan 
                shall be first established under this paragraph not 
                later than 6 months after the effective date of this 
                paragraph);
                    ``(B) ensure that all amounts appropriated for the 
                minority tobacco activities of such agencies are 
                expended in accordance with the Plan;
                    ``(C) review the Plan not less than annually, and 
                revise the Plan as appropriate; and
                    ``(D) ensure that the Plan serves as a broad, 
                binding statement of policies regarding the minority 
                tobacco activities of such agencies, but does not 
                remove the responsibility of the heads of the agencies 
                for the approval of specific programs or projects, or 
                for other details of the daily administration of such 
                activities, in accordance with the Plan.
            ``(2) Certain components of plan.--The Plan shall provide 
        for the conduct or support by the designated agencies of the 
        Service of each category of minority tobacco activities (as 
        applicable to the agency involved), as follows:
                    ``(A) Assisting individuals in ceasing the use of 
                tobacco products, including through the use of drugs 
                and cessation devices.
                    ``(B) Providing education regarding the health 
                risks associated with the use of tobacco products.
                    ``(C) Making awards of grants or contracts for the 
                provision of health services for conditions related to 
                the use of tobacco products.
                    ``(D) Providing for biomedical and behavioral 
                research relating to such conditions.
            ``(3) Use of criteria in report of surgeon general; other 
        criteria.--The Secretary shall in developing the Plan, and the 
        designated agencies of the Service shall in carrying out the 
        Plan, follow the criteria that are relevant to the activity 
        involved and are presented in the report published in 1998 and 
        entitled ``Tobacco Use Among U.S. Racial and Ethnic Minority 
        Groups--A Report of the Surgeon General'' (relating to the 
        Surgeon General of the Public Health Service), including 
        criteria under the following topics in such report:
                    ``(A) Patterns of tobacco use.
                    ``(B) Health consequences of tobacco use.
                    ``(C) Factors that influence tobacco use.
                    ``(D) Tobacco control and education efforts.
        In the case of the territories of the United States, the 
        Secretary shall in developing the Plan, and the designated 
        agencies of the Service shall in carrying out the Plan, follow 
        criteria that are relevant to the activity involved and are 
        developed on the basis of data collected pursuant to paragraph 
        (6).
            ``(4) Cultural context of activities.--The Secretary shall 
        ensure that minority tobacco activities under the Plan are 
        provided in contexts that are culturally and linguistically 
        appropriate for the populations of individuals for whom the 
        activities are intended. American Indian Tribes shall, within 
        their own communities, determine what is culturally and 
        linguistically appropriate.
            ``(5) Collection of data on rates and health effects.--With 
        respect to the rates of use of tobacco products among racial 
        and ethnic minority groups, and the health effects in such 
        groups of the use of such products, the Secretary shall ensure 
        that the Plan requires that data on such rates and such effects 
        be collected and evaluated through one or more of the 
        designated agencies of the Service, including data categorized 
        in accordance with the following:
                    ``(A) Race and ethnicity, including subgroups.
                    ``(B) Gender.
                    ``(C) Age, including a category for individuals 
                under the age of 18.
            ``(6) Territories.--The Secretary shall ensure that the 
        Plan provides for carrying out minority tobacco activities in 
        the territories of the United States, and that the data 
        described in paragraph (5) is collected in the territories.
            ``(7) Allocation of amounts by indian health service.--The 
        Secretary shall ensure that the Plan provides that, in the 
        award of grants and contracts under the Plan by the Indian 
        Health Service, amounts are allocated in accordance with the 
        formula known as the distributed service user population 
        formula.
    ``(d) Agency Activities; Grants and Contracts.--
            ``(1) In general.--Activities under subsection (a)(1) may 
        be carried out--
                    ``(A) directly by the Secretary and the designated 
                agencies of the Service; and
                    ``(B) through awards of grants, cooperative 
                agreements, and contracts to public and nonprofit 
                private entities.
            ``(2) Special consideration regarding grants and 
        contracts.--In making awards under paragraph (1)(B), the 
        Secretary shall ensure that special consideration is given to 
        the following entities:
                    ``(A) Community-based organizations that have a 
                history of carrying out minority tobacco activities or 
                that have the capacity to begin carrying out such 
                activities.
                    ``(B) Statewide and regional organizations that 
                have a history of carrying out minority tobacco 
                activities or that have the capacity to begin carrying 
                out such activities.
                    ``(C) Educational institutions, including 
                historically Black colleges and universities, Hispanic 
                serving institutions, and tribally controlled community 
                colleges (as such terms are defined under the Higher 
                Education Act of 1965).
                    ``(D) Federally qualified health centers, and 
                disproportionate share hospitals.
                    ``(E) Indian tribes and tribal organizations.
    ``(e) Advisory Committee Regarding Minority Tobacco Activities.--
The Secretary shall ensure that there is in operation an advisory 
committee to advise the Secretary on carrying out this section, and 
that such committee is appointed from among individuals who are not 
officers or employees of the Federal Government and who are experienced 
with respect to minority health concerns. The Secretary shall carry out 
the preceding sentence by appointing an advisory committee whose only 
responsibility is so advising the Secretary, except that such 
responsibility shall be assigned to an advisory committee whose 
function is generally advising the Office of Minority Health, if such 
an advisory committee is required by law.
    ``(f) Evaluations.--Evaluations under subsection (a)(1) shall 
include evaluations of the extent to which minority tobacco activities 
under such subsection have been successful in facilitating a reduction 
in the consumption of tobacco products by racial and ethnic minority 
groups.
    ``(g) Annual Reports.--Not later than February 1, 2000, and 
annually thereafter, the Secretary shall submit to the Congress a 
report that provides with respect to the preceding fiscal year the 
following:
            ``(1) A description of the programs carried out under 
        subsection (a)(1).
            ``(2) The results of evaluations under such subsection 
        (including evaluations required pursuant to subsection (f)).
            ``(3) The recipients of awards under paragraph (1)(B) of 
        subsection (d), including a specification of the total amount 
        awarded for each of the categories of entities specified in 
        subparagraphs (A) through (E) of paragraph (2) of such 
        subsection.
    ``(h) Requirements Regarding Block Grants for Tobacco Activities.--
            ``(1) Allocations for minority tobacco activities; 
        involvement of state office of minority health.--If from 
        amounts received by the Federal Government pursuant to national 
        tobacco legislation one or more programs are established under 
        which the Secretary makes block grants to the States, and if 
        the purposes of the program involved include one or more 
        tobacco activities, then the Secretary may not make a grant 
        under the program unless the State involved submits to the 
        Secretary (in the application for the grant) agreements as 
        follows:
                    ``(A) Of the amounts provided in the grant, the 
                State will make available, for directing such tobacco 
                activities at members of racial and ethnic minority 
                groups (subject to paragraph (2)), not less than the 
                percentage constituted by the ratio of--
                            ``(i) the number of individuals in the 
                        State who smoke or otherwise use tobacco 
                        products and are members of racial or ethnic 
                        minority groups, as determined by the Director 
                        of the Centers for Disease Control and 
                        Prevention; to
                            ``(ii) the total number of individuals in 
                        the States who smoke or otherwise use such 
                        products, as so determined.
                    ``(B) If the State has established an office of 
                minority health, the expenditure of the amounts made 
                available pursuant to subparagraph (A) will be 
                administered by such office, or by another office or 
                agency of the State in collaboration with the office of 
                minority health.
            ``(2) Use of grants to establish and operate state offices 
        of minority health; uses regarding indian health service.--
                    ``(A) In general.--With respect to a program of 
                block grants to which paragraph (1) applies, a State 
                may, from the portion of the grant made available 
                pursuant to subparagraph (A) of such paragraph, expend 
                amounts to establish or operate (or both, as 
                applicable) an office of minority health or to make 
                grants to Indian Health Service area offices, subject 
                to subparagraph (B).
                    ``(B) Maintenance of effort regarding existing 
                offices.--If as of the effective date of this section a 
                State has established an office of minority health, the 
                authority in subparagraph (A) to expend amounts for the 
                operation of such office is subject to the condition 
                that the State submit to the Secretary (in the 
                application referred to in paragraph (1)) an agreement 
                that the State will maintain expenditures of non-
                Federal amounts for such office at a level that is not 
                less than the level of such expenditures maintained by 
                the State for the office for the fiscal year preceding 
                the fiscal year for which the State is applying to 
                receive a grant under the program involved.
            ``(3) Applicability of certain provisions.--With respect to 
        the administration of this subsection, subsections (a) through 
        (g) do not apply to this subsection. The Secretary of Health 
        and Human Services may carry out this subsection acting through 
        such offices or agencies of the Public Health Service as the 
        Secretary determines to be appropriate.
    ``(i) Definitions.--
            ``(1) Minority tobacco activities.--For purposes of this 
        section:
                    ``(A) The term `minority tobacco activities' means 
                tobacco activities that are directed toward members of 
                racial and ethnic minority groups.
                    ``(B) The term `tobacco activities' means each of 
                the following activities:
                            ``(i) Assisting individuals in ceasing the 
                        use of tobacco products.
                            ``(ii) Providing education regarding the 
                        health risks associated with the use of tobacco 
                        products, including through advertisements to 
                        counter the influence of advertisements that 
                        promote the use of such products.
                            ``(iii) Providing health services for 
                        conditions related to the use of tobacco 
                        products.
                            ``(iv) Providing for biomedical and 
                        behavioral research relating to such 
                        conditions.
            ``(2) Other terms.--For purposes of this section:
                    ``(A) The term `designated agencies', with respect 
                to the agencies of the Public Health Service, has the 
                meaning indicated for such term in subsection (b)(2).
                    ``(B) The term `disproportionate share hospital' 
                means a hospital that is eligible for an additional 
                payment amount as a disproportionate share hospital 
                under section 1886(d)(5)(F) of the Social Security Act 
                or for a payment adjustment as a disproportionate share 
                hospital under a State plan under section 1923 of such 
                Act.
                    ``(C) The term `federally qualified health center' 
                has the meaning given such term in section 
                1905(l)(2)(B) of the Social Security Act.
                    ``(D) The terms `Indian tribe' and `tribal 
                organization' have the same meaning given such terms in 
                section 4(b) and section 4(c) of the Indian Self-
                Determination and Education Assistance Act.
                    ``(E)(i) The term `racial and ethnic minority 
                group' means each of American Indians (including Alaska 
                Natives, Eskimos, Aleuts, and any other populations or 
                individuals eligible to receive services from the 
                Indian Health Service); Asian Americans and Pacific 
                Islanders; Blacks; Hispanics; and Native Hawaiians.
                    ``(ii) The term `Hispanics' means individuals whose 
                origin is Mexican, Puerto Rican, Cuban, Central or 
                South American, or any other Spanish-speaking country.
                    ``(F)(i) The term `State' means each of the several 
                States, the District of Columbia, and the territories 
                of the United States.
                    ``(ii) The term `territories of the United States' 
                means the Commonwealth of Puerto Rico, Guam, the Virgin 
                Islands, the Commonwealth of the Northern Mariana 
                Islands, and American Samoa.''.

                    TITLE II--ADDITIONAL AUTHORITIES

SEC. 201. FUNDS FROM NATIONAL TOBACCO LEGISLATION; ALLOCATION FOR 
              GRANTS TO MINORITY MEDICAL SCHOOLS.

    Part B of title VII of the Public Health Service Act (42 U.S.C. 293 
et seq.) is amended by adding at the end the following section:

``SEC. 741. GRANTS TO MINORITY MEDICAL SCHOOLS FOR ENDOWMENTS; PUBLIC 
              HEALTH PROGRAMS REGARDING TOBACCO PRODUCTS.

    ``(a) In General.--From amounts reserved under subsection (c), the 
Secretary shall make grants to schools specified in subsection (b) for 
the purpose of establishing at the schools endowments each of whose 
income is used exclusively to carry out--
            ``(1) public health programs; and
            ``(2) programs of biomedical research on diseases for which 
        the consumption of tobacco products is a principal causal 
        factor.
    ``(b) Relevant Schools.--The schools referred to in subsection (a) 
are the following medical schools (schools of medicine or osteopathic 
medicine):
            ``(1) The four medical schools in the States whose 
        enrollment for academic year 1998 of Black individuals 
        constituted a higher percentage of such individuals than other 
        medical schools in the States.
            ``(2) The four medical schools in the States (or consortia 
        of such schools) whose enrollment for academic year 1998 of 
        Hispanic individuals constituted a higher percentage of such 
        individuals than other medical schools in the States.
            ``(3) The three medical schools in the States (or consortia 
        of such schools) whose enrollment for academic year 1998 of 
        Asian American individuals and Pacific Islander individuals 
        constituted a higher percentage of such individuals than other 
        medical schools in the States.
            ``(4) The two medical schools in the States (or consortia 
        of such schools) whose enrollment for academic year 1998 of 
        Native American individuals constituted a higher percentage of 
        such individuals than other medical schools in the States.
    ``(c) Funding.--From amounts received by the Federal Government 
pursuant to national tobacco legislation, the Secretary shall, for each 
of the first 10 fiscal years following the date of the enactment of 
such legislation, reserve amounts for making a grant under subsection 
(a) to each of the schools specified in subsection (b). Each such grant 
shall be made in the amount of $5,000,000.''.

SEC. 202. FUNDS FROM NATIONAL TOBACCO LEGISLATION; ALLOCATION FOR CHILD 
              HEALTH AND OTHER BIOMEDICAL RESEARCH AND RELATED 
              PROGRAMS.

    (a) In General.--From amounts reserved under subsection (e), the 
Secretary of Health and Human Services (in this section referred to as 
the ``Secretary'') shall make grants to public and nonprofit private 
entities for research, training, and demonstrations regarding child 
health and human development and other biomedical research (including 
with respect to tobacco products), and for related programs.
    (b) Use of Criteria in Report of Surgeon General.--Programs under 
subsection (a) shall follow the criteria--
            (1) that are relevant to the activity involved and are 
        presented in the report published in 1998 and entitled 
        ``Tobacco Use Among U.S. Racial and Ethnic Minority Groups--A 
        Report of the Surgeon General'' (relating to the Surgeon 
        General of the Public Health Service); and
            (2) that, in the case of the territories of the United 
        States, are relevant to the activity involved and are developed 
        on the basis of data collected pursuant to section 1707A(c)(6) 
        of the Public Health Service Act.
    (c) Facilitation of Research Programs.--The Secretary shall under 
subsection (a) give priority to programs of education and training to 
prepare individuals to conduct the research described in such 
subsection and to programs for ensuring that health professions schools 
have the capacity to provide such education and training. The Secretary 
shall carry out the preceding sentence primarily through programs under 
title VII of the Public Health Service Act for individuals from 
disadvantaged backgrounds, including individuals who are members of 
racial and ethnic minority groups, and for schools that serve 
significant numbers of such individuals, including programs regarding 
undergraduate education, graduate education, scholarships, fellowships, 
loan repayments, faculty-related activities, curriculum development, 
and improving research facilities.
    (d) Definition.--For purposes of this section, the term ``health 
professions schools'' means all schools and programs described in 
section 799 of the Public Health Service Act.
    (e) Funding.--From amounts received by the Federal Government 
pursuant to national tobacco legislation, the Secretary shall, for each 
of the first 10 fiscal years following the date of the enactment of 
such legislation, reserve $50,000,000 for carrying out this section. Of 
the amounts so reserved for a fiscal year, the Secretary shall reserve 
55 percent for programs referred to in subsection (c) with respect to 
undergraduates, and 35 percent for programs referred to in such 
subsection with respect to health professions schools and graduate 
students at such schools.

SEC. 203. PREVENTION ACTIVITIES OF COMMUNITY, MIGRANT, AND HOMELESS 
              HEALTH CENTERS.

    (a) Program.--From amounts reserved under subsection (b), the 
Secretary of Health and Human Services shall in accordance with such 
subsection make available amounts to community, migrant, and homeless 
health centers receiving grants under section 330 of the Public Health 
Service Act. The purpose of such amounts is to assist such health 
centers in providing health services for diseases related to tobacco 
and in preventing tobacco-related diseases.
    (b) Funding.--
            (1) In general.--From amounts received by the Federal 
        Government pursuant to national tobacco legislation, the 
        Secretary shall, for each of the first 10 fiscal years 
        following the date of the enactment of such legislation, 
        reserve $300,000,000 for carrying out subsection (a), except as 
        provided in paragraph (2).
            (2) Limitation.--No amount may be reserved under paragraph 
        (1) for any fiscal year for which the amount appropriated for 
        such year for community, migrant, and homeless health centers 
        under section 330 of the Public Health Service Act is less than 
        the amount appropriated for such health centers for the 
        previous fiscal year.

SEC. 204. TRANSITION ASSISTANCE REGARDING EFFECTS OF RESTRICTIONS ON 
              ADVERTISING AND PROMOTION OF TOBACCO PRODUCTS.

    (a) Applicability.--This section applies if--
            (1) national tobacco legislation significantly restricts 
        the authority or capacity of tobacco manufacturers or 
        distributors to advertise or promote tobacco products; and
            (2) the Secretary of Health and Human Services or other 
        head of a Federal department (in this section referred to as 
        the ``Secretary'') carries out a program of awarding grants or 
        contracts to public or private entities for the purpose of 
        offsetting the adverse financial effects that such entities may 
        experience as a result of the loss of revenues associated with 
        the advertising or promotion of tobacco products.
    (b) Grants to Certain Entities.--
            (1) In general.--With respect to entities that are eligible 
        for grants referred to in subsection (a)(2), the Secretary 
        shall include among such entities public or private entities 
        that, before the date of the enactment of this Act, had--
                    (A) a history of holding or carrying out one or 
                more athletic, musical, artistic, or other social or 
                cultural events or activities that were sponsored in 
                whole or in part by a tobacco manufacturer or 
                distributor;
                    (B) a history of participating, with financial 
                support provided by a tobacco manufacturer or 
                distributor, in an athletic, musical, artistic, or 
                other social or cultural event or activity; or
                    (C) a history of publishing one or more periodicals 
                for which the publication of advertisements or 
                promotions for tobacco products has been a significant 
                source of revenue.
            (2) Special consideration for certain entities.--In making 
        awards under paragraph (1), the Secretary shall give special 
        consideration to small, community-based events, activities, and 
        periodicals, including--
                    (A) events and activities held or significantly 
                sponsored by, and periodicals published by, businesses 
                in which the predominant ownership interests are held 
                by individuals who are from disadvantaged background, 
                including members of racial or ethnic minority groups;
                    (B) events and activities held in communities in 
                which a substantial number of such individuals reside; 
                and
                    (C) periodicals whose circulation is primarily 
                among such individuals.
            (3) Use of assistance for event, activity, or periodical 
        involved; condition regarding antitobacco advertising.--An 
        award under paragraph (1) to an entity may be expended for the 
        activities described in such paragraph that form the basis of 
        the history that establishes the eligibility of the entity to 
        receive the award, subject to the condition that, in addition, 
        the entity expend a portion of the award to sponsor, in 
        accordance with criteria established for the entity by the 
        Secretary, an advertisement that is associated with the entity 
        and that is intended to discourage individuals from consuming 
        tobacco products.

SEC. 205. TRADITIONAL USE EXCEPTION PERTAINING TO AMERICAN INDIANS.

    (a) In General.--In recognition of the religious, ceremonial, and 
traditional uses of tobacco and tobacco products by Indian tribes and 
the members of such tribes, nothing in national tobacco legislation 
shall be construed to infringe upon the right of such tribes or members 
of such tribes to acquire, possess, use, or transfer any tobacco 
products for such purposes, or to permit an infringement upon the 
ability of minors to participate and use tobacco products for 
religious, ceremonial, or traditional purposes.
    (b) Application of Provisions.--Subsection (a) shall apply only to 
those quantities of tobacco or tobacco products necessary to fulfill 
the religious, ceremonial, or traditional purposes of an Indian tribe 
or the members of such tribe, and shall not be construed to permit the 
general marketing of tobacco and tobacco products in a manner that is 
not in compliance with chapter IX of the Federal Food, Drug, and 
Cosmetic Act as added by national tobacco legislation.
    (c) Limitation.--Nothing in national tobacco legislation shall be 
construed to permit an Indian tribe or member of such a tribe to 
acquire, possess, use, or transfer any tobacco or tobacco product in 
violation of section 2342 of title 18, United States Code, with respect 
to the transportation of contraband cigarettes.
                                 <all>