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HLC [DISCUSSION DRAFT) Apr.il 10 99th CONGRESS 2d Session H. R. IN THE HOUSE OF REPRESEItTATSVES vr , introduced the f ollowiny bi11 : which was _----------- referred to the Committee on ____________ A BILL To establish a nati.onal program to increase the availability of information on the health consequences cr smoking, to a;nend tne Federal Cigarette Labeling and Advertising Act to change tne label requirements for cigarettes, and for other purposes. 1 8° it enac_ed_~;~the_Sen3te_ar_,d_Hau_s_e_c_f._~_p~esE_n_tat.iv_es ~ 2 of the United_ S_tates of Amer?ca_in_C_on_g_ess_3ssen_bletJ TIMN 0013889

2 1 short Title ? Section 1. This Act may be cited as the " Comprehensive 3 Smoking Education Act". 4 Finding and Purpcse 5 Sec. 2. (a) The Surgeon GeneraL.has found that -- 6 (1) cigarette smoking is the largest preventable 7 cause of illness and premature death in the United 13 States and is associated with the unnecessary deaths nf 9 over three hundred thousand Americans annually; 1'r3. (2) cigarette smoking in the United States is a 11 major cause of cancer of the lung, larynx, oral cavity, 12 and esophagus and is a contriDuto!-y factor in cancer of 13 the urinary bladder, kidney, and pancreas; 14 (3) cigacett. e smoking -'is a major cause of chronic 15 bronchitis and emphysema in the UnitEd States; 16 (4) cardiovascular disease accounts for nearly 17 one-half of the deaths in the United States and it is 18 estimated that one-thicd of the deaths attri~;ute~' to 19 cardiovascular disease are associated with smoking; 20 (5) pregnant wcmen who smoke have an zlevated risk 21 of miscarriages, stillbirths, and premature births, and 22 giving birth to infants with low :irtr waight; 23 (~) quitting or never 'stacting ciaarette „?.okiny 2-k ;' w.ill 'red uce; an iri3ividual"s rzsk of illn.ess 'oC pre.a~ture: 25 death; anti 26 (7) Present Federal, State, and pr.ivate initiative=: 27 have heen insufficient in conveying to the Amecican TIMN 0013890

3 1 people information on the adverse health effects cf 2 smoking. 3 ('^) It is the pucpcse of this Act to provide a n,~w u strategy. for makiny Americans more aware of the . adverse 5 health effects of smoking, to assure the timeiy and 6 widespread dissemination of research findings, and to enanle 7 individuals to make informed decisions about smoking. 8 smoking Research, Education, and Information 9 Sec. 3. (a) The Secretary of Health and Human Services 1o .(heceinaftec in this section referzed to as the 11 " Secretary ") shall establish and carry out a program to 12 inform the public cf the dangers to human health p,resented 13 by cigarette smo;cing, in carrying out such.program, the 14 Secretary shall-- 15 •(1) con3uct'and support research on the effect 16 cigarette smoking on human health and develop naterials 1? for informing the public of such effect; 18 (2) coocdinate all research and educational progtams 19 and other activities within the repzrtment of Health cnd 23 Human Services (hereinafter in this =ection referred to 21 as the " pepartment ") which relate to the effect cf 22 cigarette smox.ing on numan health and coordinate, 23 through the Interagency Ccrrinittee cn Smoking ar.,1 '-?ealth 2~i tAstabli'shea 'uridec 'suosQCtLon (D) ). s'uch-activ'iti'es' With 25 siTilar activittes of other Federal agenct_oS'a^d of 26 private agencies; 27 (3) establish and maintainn a liaiscr, with TIMN 0013891

4 1 appropriate private entities, other Federal agencie~, 2 and State and local public agencies respecting 3 activities relating to the effect of cigarette smoking u on human health; 5 (4) collect, analyze, and disseminate (throuah 6 publications, ribiioaraph.fes, and othPrwise) 7 information, studies, and other data relating to the 9 effect of cigarette smoking on human health, and develop 9 standards, criteria, and methodologies for improved 12 information programs related to smckina and health; (5) compile and make availaflle information on state 12 and local laws relating to the sale, distribution, use, 13 and consumption of cicare*tes; ana 14 66) undertake any other additicnal informat'Lon an d 15 r.esearch activities which t:ih Secrat3rv determines 16 necessary and appropriate to carry out this section. 17 (h)(1) To carry out the activities described in 7 8 paragraphs (2) and (3) of subsection (a ) ther~e is 19 estaolished an IntEragency committee cn Smoking and Fealth. 2~ The Committee shall oe composed of-- 21 22 23 25 ?F (A) members appoi ntR3d by t.~te Secret-aL'J' Irom 3ppcopriate institutes a:1u agencizs oz tne DepaI-tment, which may i.^.c1Llde the National (:a:'Ice!" T."l5t.itute, the vation3l i~eart; Lund: 'and "Bioorl In.Gtitu.te,"-'the Ny_atlonal Institute of Child Health and Human nevelopment, the !?ational Institute on Drug Abuse, the '.'.ealth REsCurr'es 27 aid Services Administration, and the C_nters for Disease TIMN 0013892

5 1 Control; 2 (R) at least one member appointed from the F'ederal 3 Trade Commissicn, the Department cf Education, the 4 Department of Labor, and any other Federal agency 5 designated by the Secr.etary, the: aFpointment of wt;om 6 shall be made by the head of the entity from which the 7 member is appointed; and 8 (C) five members appointed by the Secretary, from Q physicians and scientists who represent private entities 10 .. involved in informing the public abcut the health 11 effects of smoking. 12 The Secretary shall designate the chairman of the Committee. 13 (2) while away from their homes or regular places of 14 business in the performance -of servicEs. f or - the CormmitteE, 15 members of the Committee shall be allowe3 travel expenses, 16 including per diem in lieu of subsistence, in the manner 17 provided by sections 5702 and 5703 of title 5 of the Unitea 18 States Code. . 19 (3.) The Secretary shall make available to t`;e Committee 20 such staff , information, and ot;:er assistance as :it may 21 require to carry out its activities effectively. 22 (c) The Secretary snall transmit a report to Congress 23 2S not 13ter than January 1, 1985, and Liennially thereafter wtiich` sha11-' contain-- (1 ) a.^n overview and ass,:~s3mer.t of ^ede,ra.' ac~ivitin= uni°rtaken to inform the public of the health 27 consequences of smoking and the extent of puY;lic TIMN 0013893

6 1 knowledge of such consequences, 2 (2) a description of the Secreta= y's and Com.mittee's 3 activitiPs under subsection (a), 4 (3) information regarding the activities cf the 5 private sector talten in response to the effects of 6 smoking on health, and 7 (4) such recornmenaations as the Secretary may 8 consider appropriate. 9- Labels for cigarettes and Cigarette Advertis'Lng 10 Sec. 4, (a) Section 4 of the Federal Cicarette Labeling 11 and Aavertising Act (15 U.S.C. 1333) is amended to read as 12 follows: 13 " Labeling 14 " Sec. 4. (a)(1) It shall be unlawful for any Ferson to 15 manufacture, package, or import for sale or distcibution 15 within the United States any cigarettes the package cf which 17 fzils to bear, in accordance with the requirements of 18 subsection (b), one of the following labels': SURvEG'"' GE1vEFhL'S WARNING: SMOKING CAUSES LUNG CANCER, HEART DISEASE, EMPHYSEHA, AND MAY CCMPL?CAiE PREGNANCY. SURGEON GENERAL'S VARN•I*;G: QUITTING SMOKING NOW GRE'!T?.Y REDUCESS SERIOUS ?ISXS T^ YOUR ,iEI LTII s . SURGEON GENt'RAL'S WAkNTNG: SB-0KIhG Y'! rREG"iK:i'T 'Al' RESULT IM F:,TAL1 INJURY, P?.EMPTi1'J BIRTH, ="7 LOW RIRn'H :-TEIG::T. TIMN 0013894

7 SURGEON GENERAL'S WARNIuG: CIGARETT E SNOxr CONTAINS CARBON HOt:OXIDE. 1 •'(2) It shall be unlawful for any manufacturer or 2 Importer of cigarettes to advertise or cause to be 3 advertised (other than through the use cf outdoor u- billboards) within the United States any cigarette unless 5 the advertising bears, in accordance with the requirement= 6 of subsection (b), one of the following labels: SURGEON GENERAL'S WARNI;iG: SMOKING CAUSES LUNG CANCER, HEART DISEASE, EMPHYSEMA, AND MAY COXPLTCATE PREGNANCY. SURGEON GENERAL'S WARNING: QUITTING SMOKING NOW GREATLY REDUCES SERIOUS RISKS TO YOUR HEALTH. SURGEOR GENERAL'S WARl;It1G: SMOKING FY PREGNANT nOFE'NT MAY RESULT IN FETAL ItIJ:1RY, PREYATtIF•E BIRTH, A`7D LOW BIRTH WEIGHT. SURGEON GENERAL'S TIARNIV G: CIGARETTE SMOKE CONTAINS CARBON MC7*IOXIhE. 7 "(3) It shall ne.unlawful for any manufacturer: or 8 i-mpocter of 'ci•gacettes;- to advecti"se :oz''cause to be 9 aivectised «ithin the united States through the usi=_ oi il outdoor billboaras any cia'arette unless the advertis.#:ng TIMN 0013895

1 bears, in accordance with the requirements of subsection 2 (b), one of the following laDels: SURGEON GENERAL'S 4tARNI.;G: SMpKING CAUSES LUNG CANCER, HEART DISEASE, AND EMPH'.'SE"'A. SURGEON GENERAL'S qARNI?lC: QUITTING SMOKING NOW GREATLY REDUCES SERIOUS HEALTH RISKS. SURGEON GENERAL'S WARNING: PREGNANT WOMFN WHO SNOKE RISK FETAL INJURY AND PREMATURE BIR7PH. SURGEON GENERAL'S KARAiT.NG: CIGARETTE SMOKE CONTAINS CARBON M0NOXIDE. 3 "(b)(1) Each laDel s-tatement required by paragraph (1) 4 of subsection (a) shall be located in a conspicuous rlace on 5 each cigarette package and shall appear in capital lettecs of the same size and in conspicuous and legible type in 7 contrast by typography, layout, or cclcr with all cther 8 printed material on the package. L; 9 "(2) The format of each label statement required 1o paragraph (2) shall be the f ormat required under this 11 section for label statements in cigarette advertisinc as cf 12 the date of the enactment of this subsection, except that t3 the 1=be1, shall-be' ~5~ ``pez ~ent l~roer .~ n s ize; tti~ width Cf 14 the bordec around the label shall be twice that in,effect on 15 such date, and the J abEl may be nlaced at zdi starce fro m 16 the oate~ edge o t the advertisement s;nich is one-half tne TIMN 0013896

1 distance permitted on such date. Fach label stAtement shall 2 appeac in capital letters of the same size and in 3 conspicuous and leaible type in contrast by typocraphy, 4 layout, or color with all other printea material in the 5 advectisement. 6 "(3) The format of each label statement required by 7 paragraph (3) shall be the format required under this 8' section for label statements in outdooc oillboacd 9 advertising as of the date of the enactment of this 10 subsection, except that the label statement shall te 11 surrounaed by a border and shall be printet in capital 12 letters of the same size. 13 "(c) The label statements specifi.ea. in .paragraphs (1) 14 and (2) of subs-ection "( a)-shaIl be c.ctated quarterly in 15 alternating sequence on the packages of each brand of 15 cigarettes and the advertisements for each brand of 17 civart?ttes in accordance with a system established by the 14 Federal Trade Commission. ". 19 (b) The amendment made bv subsecticn (?) shall take 20 effect upon the expiration of a one-year period Le_;inning on 21 trA date of the enactment of this Act. " 22 Cigarette ?'ng: edients 23 Sec. 5. (a) The Federal Cigarette Labeling and 24 ' Adve_tis'ja'lg 'kct*-1.s* a:nended* 1by L'edesiCJnatina"s~ect°ions 7 25 throuch 12 as sections 8 thcough 13, resYective?N7 , a^d bY 25 insprtini after section 6 the folloWir.c ne:: secticn: 27 " Ciyarette Ingredients TIMN 0013897

10 "Sec. 7.(a) Each person who manufactures, packages, or imports cigarettes shall annually provide the Secretary with a list of the ingredients added to tobacco in the manufacture of cigarettes. A person or group of persons required to provide a list by this subsection may designate an individual or entity to provide the list required by this subsection-which.d.oes not identify the company which uses the ingredients or the brand of cigarettes which contain the ingredients. "(D)(1) At such times as the Secretary considers appropriate, the Secretary shall transmit to the Congress a report, based on the information provided under subsection (a), respecting-- "(A) a summary of research activities and proposed research activities on the health effects of ingredients added to tobacco in the manufacture of cigarettes and the findings of such research; "(B) information pertaining to any such ingredient which in the judgement of the Secretary poses a.health risk to cigarette smokers; and "(C) any other information which the Secretary determines to be in the public interest. "(2)(A) Any information provided to the Secretary under subsection (a) shall be treated as trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code and section 1905 of title 18, United States Code and shall not be revealed, except TIMN 0013898