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I also am concerned that Title 1 allows coastal States--without any OCS production--to receive more coastal impact assistance funds than States with OCS production. We cannot forget where this money comes from: it is generated by OCS oil and gas development. Nor can we forget the purpose of sharing these revenues with coastal
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development to benefit at the expense of States off whose shores development occurs. This provision must be added to this bill.
I do want to note a few other provisions in this bill which I believe are critical. Title 2 provides $900 million a year for the Land and Water Conservation F und (LWCF). These LWCF monies are split between Federal land acquisition and the state-side LWCF matching grant program. As to the Federal land acquisition funds, a number of sensible limitations are placed on the expenditure of this money to ensure that Federal funds are spent to address Americans' concerns about the loss of private property in many States.
Each year the Administration must submit a list to Congress of each tract of land it proposes to acquire with LWCF monies and Congress must specifically approve each project through the appropriations process. Within 30 days of the submission of this list, Congressional representatives, the Governors and local government officials must be notified of relevant purchase requests. At the same time, the local public must be notified in a newspaper that is widely distributed in the area in which the proposed acquisition is to take place.
The Administration must seek to consolidate Federal land holdings in States with checkerboard Federal land ownership patterns. It also must seek to use exchanges and conservation e asements as an alternative to fee title acquisition. If the Administration identifies tracts from non-willing sellers, it must notify Congress and, unless specifically authorized by Congress, the bill prohibits adverse condemnation. The Administration must identify to Congress its authority to carry out Federal acquisitions. No purchases can occur until all actions under Federal law are completed and a copy of the final NEPA document must be sent to Congress and the Governor and local government officials must be notified that the NEPA document is available.
The bill has a number of other provisions of interest to Westerners where the vast majority of Federal land is located. The bill requires just compensation for the taking of private property and protects State water rights. It provides $200 million annually for the maintenance of Federal lands managed by the Department of the Interior or the Forest Service. It also provides up to $200 million in additional funding for the Payment in-lieu-of Taxes and Refugee Revenue Sharing programs. The bill provides the necessary funds to reduce the $10 billion backlog of willing sellers located within the boundaries of Federal land management units. Finally, the bill restricts the Federal government's regulatory ability over private lands.
This bill is not perfect but it does reflect a bipartisan consensus. It provides a starting point for Senate discussions of conflicting OCS revenue-sharing proposals. With the anticipated action of the House and the Administration's Lands Legacy Initiative, it is imperative that the Senate put forth its own proposal to distribute OCS revenues. I remain committed to working with all Senators on such a proposal.
By Mr. LAUTENBERG (for himself, Mr. LUGAR, Mr. DURBIN, and Mr. L. CHAFEE):
S. 2125. A bill to provide for the disclosure of certain information relating to tobacco products and to prescribe labels for packages and advertising of tobacco products; to the Committee on Commerce, Science, and Transportation.
SMOKER'S RIGHT TO KNOW AND TRUTH IN TOBACCO LABELING ACT < ul>
Mr. LAUTENBERG. Mr. President, today I introduce the Smoker's Right to Know and Truth in Tobacco Labeling Act. I am joined by my colleagues, Senator LUGAR, Senator DURBIN, and Senator CHAFEE.
Mr. President, the Smoker's Right to Know and Truth in Tobacco Labeling Act h as two common-sense objectives.
First, the bill will require tobacco manufacturers to disclose the ingredients of their products to the public--including toxic and cancer-causing ingredients.
Second, our bill will replace the small health warnings on the side of a cigarette pack with larger warnings on the front and back that are simple and direct: ``Cigarettes Cause Cancer.'' ``Cigarettes are Addictive.'' ``Smoking Can Kill You.''
Of the hundreds of products for sale in America that go into the human body, tobacco products are the only ones--the only ones--for which manufacturers do not have to disclose ingredients. Even Coca-Cola, with a proud tradition of keeping its formula secret, has to list Coke's ingredients on every can.
Mr. President, manufacturers of every food product and every over-the- counter drug disclose their contents. Cigarette manufacturers do not. Yet, of any consumable product for sale in the United States, cigarettes are by far the most deadly.
One in three smokers will die from a smoking-related disease. That is more than 400,000 Americans every year. We should disclose information on cigarette ingredients to the public and provide realistic warnings about the health risks cigarettes cause.
Mr. President, how much do smokers really know about the chemicals they are inhaling with every puff of cigarette smoke? When a smoker lights a cigarette, the burning ingredients create other chemicals. Some of these are carcinogenic.
A Surgeon General's report in 1989 reported that cigarettes contain 43 carcinogens. Forty-three. The public has a right to know.
Do most smokers realize that one of these chemicals is arsenic? Yes, arsenic. I do not think most smokers know that.
Our bill will disclose that, as well as the other chemical carcinogens in cigarette smoke.
Mr. President, with all these known dangers about smoking, we should not hide the health warning labels in small type on the side of a cigarette pack. Other countries, such as Canada, Australia and Thailand, put large labels on the front of each pack. The United States should provide equal protection to consumers. The warnings should be stark, clear, and easily seen.
When cigarettes get in the hands of children, and with 3,000 children becoming regular smokers every day, we have a duty to give them the facts: ``Cigarettes Cause Cancer.'' ``Smoking is Addictive.'' ``Smoking Can Kill You.''
That is a lot more graphic and descriptive than the small print that appears today. Large and forthright warnings are more likely to be seen, read, understood, and recalled. More children--and adults--will get the message, and put down the pack rather than lighting up.
In a recent study of Canadian cigarette pack messages--similar to those required by this legislation--half of all smokers who were smoking less, or trying to quit, cited cigarette pack messages as contributing to their decisions. Larger, bolder warnings can make a difference.
Mr. President, the 106th Congress should enact this legislation. This is a bipartisan bill, and I want to thank my cosponsors, Senators LUGAR, DURBIN and CHAFEE for joining me in this effort. In the coming weeks, I expect that this bill will attract more cosponsors from both sides of the aisle.
Mr. President, I ask that the text of this bill be printed in the RECORD.
The bill follows:
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 m ay be cited as the ``Smoker's Right to Know and Truth in Tobacco Labeling Act''.< p> SEC. 2. DEFINITIONS.
In this Act:< p> (1) ADVERTISEMENT.--The term ``advertisement'' means all newspapers and magazine advertisements and advertising inserts, billboards, posters, signs, decals, banners, matchbook advertising, point-of-purchase display material and all other written or other material used for promoting the sale or consumption of tobacco products to consumers, and advertising at an Internet site.
(2) BRAND.--The term ``brand'' means a variety of tobacco products distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the tobacco product, filtration, or packaging.
(3) BRAND STYLE.--The term ``brand style'' means a variety of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the cigarette, filtration on the cigarette, or packaging.
(4) CARCINOGEN.--The term ``carcinogen'' means any agent that is determined to be tumorigenic according to the National Toxicology Program or the International Agency
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(5) CIGAR.--The term ``cigar'' means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, that weighs 3 pounds or more per thousand, and is not a cigarette or little cigar.
(6) CIGARETTE.--The term ``cigarette'' means--
(A) any roll of tobacco wrapped in paper or tobacco leaf or in any substance not containing tobacco which is to be burned,
(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling is likely to be offered to, or purchased by consumers as a cigarette described in subparagraph (A),
(C) little cigars which are any roll of tobacco wrapped in leaf tobacco or any substance containing tobacco (other than any roll of tobacco which is a cigarette within the meaning of subparagraph (A)) and as to which 1,000 units weigh not more than 3 pounds, and
(D) loose rolling tobacco that, because of its appearance, type, packaging, or labeling, is likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.
(7) COMMERCE.--The term ``commerce'' means--
(A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof;
(B) commerce between points in any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or
(C) commerce wholly within the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island.
(8) CONSTITUENT.--The term ``constituent'' means any element of tobacco or cigarette mainstream or sidestream smoke, including tar, the components of the tar, nicotine, and carbon monoxide or any other component designated by the Secretary.
(9) DISTRIBUTOR.--The term ``distributor'' does not include a retailer and the term ``distribute'' does not include retail distribution.
(10) INGREDIENT.--The term ``ingredient'' means any substance the use of which results, or may reasonably be expected to result, directly or indirectly, in its becoming a component of any tobacco product, including any component of the paper or filter of such product.
(11) PACKAGE.--The term ``package'' means a pack, box, carton, or other container of any kind in which cigarettes or other tobacco products are offered for sale, sold, or otherwise distributed to customers.
(12) PERSON.--The term ``person'' means an individual, partnership, corporation, or any other business or legal entity.
(13) PIPE TOBACCO.--The term ``pipe tobacco'' means any loose tobacco that, because of its appearance, type, packaging, or labeling, is likely to be offered to, or purchased by, consumers as a tobacco product to be smoked in a pipe.
(14) SALE OR DISTRIBUTION.--The term ``sale or distribution'' includes sampling or any other distribution not for sale.
(15) SECRETARY.--The term ``Secretary'' means the Secretary of Health and Human Services.
(16) SMOKELESS TOBACCO.--The term ``smokeless tobacco'' means any product that includes cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity.
(17) STATE.--The term ``State'' includes, in addition to the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.
(18) TAR.--The term ``tar'' means the particulate matter from tobacco smoke minus water and nicotine.
(19) TOBACCO PRODUCT.--The term ``tobacco product'' means any product made of or derived from tobacco leaf for human consumption, including cigarettes, cigars, little cigars, loose tobacco, smokeless tobacco, and pipe tobacco.
(20) TRADEMARK.--The term ``trademark'' means any word, name, symbol, logo, or device or any combination thereof used by a person to identify or distinguish such person's goods from those manufactured or sold by another person and to indicate the source of the goods.
(21) UNITED STATES.--The term ``United States'' includes the States and installations of the Armed Forces of the United States located outside a State.
SEC. 3. CIGARETTE PRODUCT PACKAGE LABELING; ADVERTISING WARNINGS.
(a) WARNING LABELS.--
(1) IN GENERAL.--It shall be unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes the package of which fails to bear, in accordance with the requirements of this section, one of the following label statements:
WARNING: Cigarettes are addictive
WARNING: Tobacco smoke can harm your children
WARNING: Cigarettes cause fatal lung disease
WARNING: Cigarettes cause cancer
WARNING: Cigarettes cause strokes and heart disease
WARNING: Smoking during pregnancy can harm your baby
WARNING: Smoking can kill you
WARNING: Tobacco smoke causes fatal lung disease in non-smokers
WARNING: Quitting smoking now greatly reduces serious risks to your health
WARNING: Smoking causes sexual dysfunction.
(2) LIST OF CARCINOGENS.--
(A) IN GENERAL.--It shall be unlawful for any person to manufacture, package, or import for sale or distribution in the United States any cigarettes the package of which fails to bear, in accordance with the requirements of this section, a statement that lists in the manner and order as required by subparagraph (B) certain carcinogens present in that cigarette brand's ingredients or constituents.
(B) STATEMENT REQUIRED.--The statement required under subparagraph (A) shall--
(i) be listed as follows:
``CANCER-CAUSING AGENTS: The following cancer-causing agents are inhaled in this product's smoke: [list of carcinogens]'';
(ii) in the bracketed area in the statement described in clause (i), list carcinogens in the following categories that are present in that cigarette brand's ingredients or constituents in the following descending order--
(I) inorganic compounds;
(II) miscellaneous organic compounds;
(III) aldehydes;
(IV) carcinogenic tobacco-specific nitrosamines (TSNAs).
(V) volatile nitrosamines; and
(VI) if any other carcinogens are present, state the following: ``and other carcinogens''; and
(iii) display, in bold print, the percentage of any carcinogen listed in clause (ii) relative to the average of such concentration of such carcinogen in the sales weighted average of all cigarettes marketed in the United States.
(3) PLACEMENT; TYPOGRAPHY.--
(A) WARNING LABELS.--Each label statement required by paragraph (1) shall be located in the upper portion of the front and rear panels of the package, directly on the package underneath the cellophane or other clear wrapping. Each label statement shall comprise at least the top 33 percent of the front and rear panels of the package. The word ``WARNING'' shall appear in capital letters and all text shall be in conspicuous and legible 17-point bold, uncondensed, sans serif type. Notwithstanding the preceding sentence, the point size may be reduced when the longest line of text exceeds 16 typographic characters (letters and space), except that such reduced point size may never be smaller than 15-point and at least 60 percent of the area involved shall be occupied by the required text. The text shall be black on a white background, or white on a black background, in a manner that contrasts, by typography, layout, or color, with all other printed material on the package, in an alternating fashion under the plan submitted under subsection (c)(4).
(B) LIST OF CARCINOGENS.--Each statement required by paragraph (2) shall be located in the same place that label statements were placed on cigarette packages as of October 12, 1984. The text of the statement shall be in conspicuous and legible 9-point uncondensed, sans serif type and shall appear in a conspicuous and prominent format on 1 side of the package. The Secretary may revise type sizes for the text in such an area and in such a manner as the Secretary determines to be appropriate. The term ``CANCER-CAUSING AGENTS'' shall appear in bold capital letters, and the text shall be black on a white background, or white on a black background, in a manner that contrasts, by typography, layout, or color, with all other printed material on the package, except the label statement required under paragraph (1).
(4) DOES NOT APPLY TO FOREIGN DISTRIBUTION.--The provisions of this subsection do not apply to a manufacturer or distributor of cigarettes which does not manufacture, package, or import cigarettes for sale or distribution within the United States.
(b) PACKAGE INSERT.--
(1) IN GENERAL.--It shall be unlawful for any person to manufacture, import, package, or distribute for sale within the United States any cigarettes unless the cigarette package includes a package insert, prepared in accordance with guidelines established by the Secretary by regulation, on carcinogens, toxins, and other substances posing a risk to human health that are contained in the ingredients and constituents of the cigarettes in such package. The Secretary shall include in such guidelines information on the health impact of smoking and smoking cessation as determined to be necessary by the Secretary to advance public health.
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