Adolescent Tobacco Education and Prevention Act

Adolescent Tobacco Education and Prevention Act - Amends the Drug-Free Schools and Communities Act of 1986 to include instruction relating to the use of tobacco products as an activity under drug and alcohol abuse prevention and education programs. Requires such instruction to include: (1) the variety of tobacco products available; (2) the physical and psychological effects on the human body of the inhalation of tobacco smoke, ingestion of tobacco products, and any other use of tobacco products; (3) the addictive nature of such products; and (4) the connection between use of tobacco products and other forms of substance abuse, specifically use of marijuana and alcohol abuse.

Prohibits the sale of tobacco products to any person under the age of 18 or such other age as a State may establish. Requires such products to be sold over-the-counter by the legal owner, proprietor, or designated employee of an establishment. Requires the posting of a conspicuous sign in such establishment which states that the sale of cigarettes to minors is prohibited. Establishes fines for violations.

 
B37 [Update] 1-30-89
HR 665 IH
101st CONGRESS
1st Session
 H. R. 665
To amend the Drug-Free Schools and Communities Act of 1986 to require that
grant funds provided under the Act be used to provide education relating to
the use of tobacco products, and to prohibit the sale of cigarettes to minors.
IN THE HOUSE OF REPRESENTATIVES
January 27, 1989
Mr. ATKINS (for himself, Mr. LEVINE of California, Mr. STARK, Mr. HANSEN,
Mr. MARTINEZ, Mr. TRAFICANT, Mr. BOSCO, Mr. LEVIN of Michigan, Mr. FAUNTROY,
Mr. ACKERMAN, Mr. WHITTAKER, Mr. GARCIA, Mr. STUDDS, Mr. FOGLIETTA, Mr. BATES,
Mr. HAYES of Illinois, Mr. SCHEUER, Mr. NIELSON of Utah, and Ms. PELOSI)
introduced the following bill; which was referred jointly to the Committees
on Education and Labor and Energy and Commerce
A BILL
To amend the Drug-Free Schools and Communities Act of 1986 to require that
grant funds provided under the Act be used to provide education relating to
the use of tobacco products, and to prohibit the sale of cigarettes to minors.
  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 `Adolescent Tobacco Education and Prevention
  Act'.
SEC. 2. FINDINGS.
  The Congress finds the following:
  (1) Cigarette smoking is a leading cause of preventable death and disease in
  the United States, causing approximately 390,000 premature deaths per year.
  (2) A 1985 study conducted by the Office of Technology Assessment estimated
  that smoking costs the people of the United States $43,000,000,000 in lost
  production and $22,000,000,000 for related diseases each year.
  (3) 90 percent of all smokers start smoking before they are 21 years old;
  60 percent of all smokers start smoking before they are 14 years old;
  and 22 percent of all smokers start smoking before they are 9 years old.
  (4) Unless current trends can be changed, 25,000,000 of the 75,000,000
  children in the United States that are less than 20 years old on the date
  of the enactment of this Act will begin to smoke, and at least 5,000,000
  of such children will eventually die as a result of smoking.
  (5) Tobacco products contain nicotine, a poisonous drug that the Surgeon
  General of the United States has determined is highly addictive.
  (6) The use of tobacco is habit-forming, with only 20 percent of the
  millions of people who try to quit using tobacco each year succeeding.
  (7) The highest rate of snuff use is among boys under the age of 19.
  (8) The use of tobacco may lead to the use of marijuana or abuse of alcohol.
  (9) The Congress has a major policy-setting role in ensuring that the use
  of tobacco products by minors is prohibited.
SEC. 3. TOBACCO EDUCATION.
  (a) GENERAL AUTHORITY- Section 5141(b)(1) of the Drug-Free Schools and
  Communities Act of 1986 (hereafter in this section referred to as the `Act')
  (20 U.S.C. 3221(b)(1)) is amended to read as follows:
  `(1) The term `drug abuse education and prevention' means prevention,
  early intervention, rehabilitation referral, and education related to the
  abuse of alcohol and the use and abuse of controlled, illegal, addictive,
  or harmful substances, and includes instruction relating to the use of
  tobacco products, including descriptions of--
  `(A) the variety of tobacco products available;
  `(B) the short- and long-term physical and psychological effects on the
  human body of the inhalation of tobacco smoke, ingestion of tobacco products,
  and any other use of tobacco products;
  `(C) the addictive nature of tobacco products; and
  `(D) the connection between use of tobacco products and other forms of
  substance abuse, specifically use of marijuana and abuse of alcohol.'.
  (b) DEFINITIONS-
  (1) ILLICIT DRUG USE- Section 5141(b)(2) of the Act (20 U.S.C. 3221(b)(2))
  is amended to read as follows:
  `(2) The term `illicit drug use' means the use of illegal drugs, the abuse
  of other drugs and alcohol, and the use of tobacco products.'.
  (2) TOBACCO PRODUCTS- Section 5141(b) of the Act (20 U.S.C. 3221(b))
  is amended by adding at the end the following new paragraph:
  `(9) The term `tobacco products' includes cigarettes, cigars, little cigars,
  smokeless cigarettes, pipe tobacco, snuff, chewing tobacco, loose tobacco,
  and any other form of tobacco intended for human consumption.'.
SEC. 4. PROHIBITED ACTS.
  (a) AGE- It shall be unlawful for a tobacco product to be sold to any person
  under the age of 18 or such other greater age as a State may by statute
  establish. Any person who sells tobacco to such a person shall be fined
  not more than $250, except that if such a person makes such a sale after
  a conviction under this subsection has become final, the fine shall be $500.
  (b) VENDING MACHINES- It shall be unlawful to sell or cause to be sold
  any tobacco product unless--
  (1) the product is sold--
  (A) as an over-the-counter product, and
  (B) by the legal owner or proprietor (or by the designated employee of the
  owner or proprietor) of the establishment in which the product is sold, and
  (2) the legal owner or proprietor of the establishment in which the product
  is sold has posted in a conspicuous location in the establishment a sign
  which states `The Sale of Cigarettes to Minors is Strictly Prohibited'.
Any person who sells or causes to be sold a tobacco product in violation
of the preceding sentence shall be fined $1,000 or imprisoned for not more
than 1 year, or both, except that if such a person makes such a sale after
a conviction under this subsection has become final, such person shall be
fined $10,000 or imprisoned for not more than 3 years, or both.
  (c) EFFECTIVE DATE- Subsections (a) and (b) shall take effect upon the
  expiration of 1 year after the date of the enactment of this Act.