text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Worldwide Tobacco Disclosure Act of 
  1997''.
  
  SEC. 2. DEFINITIONS.
  
      In this Act:
              (1) Cigarette.--The term ``cigarette'' means--
                      (A) any roll of tobacco wrapped in paper 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 and 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 1000 units weigh not more than 3 pounds, 
                  and
                      (D) loose rolling tobacco and papers or tubes used 
                  to contain such tobacco.
              (2) Domestic concern.--The term ``domestic concern'' 
          means--
                      (A) any individual who is a citizen, national, or 
                  resident of the United States; and
                      (B) any corporation, partnership, association, 
                  joint-stock company, business trust, unincorporated 
                  organization, or sole proprietorship which has its 
                  principal place of business in the United States, or 
                  which is organized under the laws of a State of the 
                  United States or a territory, possession, or 
                  commonwealth of the United States.
              (3) Nondiscriminatory law or regulation.--The term 
          ``nondiscriminatory law or regulation'' means a law or 
          regulation of a foreign country that adheres to the principle 
          of national treatment and applies no less favorable treatment 
          to goods that are imported into that country than it applies to 
          like goods that are the product, growth, or manufacture of that 
          country.
              (4) 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.
              (5) Sale or distribution.--The term ``sale or 
          distribution'' includes sampling or any other distribution not 
          for sale.
              (6) State.--The term ``State'' includes, in addition to the 
          50 States, the District of Columbia, Guam, the Commonwealth of 
          Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
          the Virgin Islands, American Samoa, the Republic of the 
          Marshall Islands, the Federated States of Micronesia, and the 
          Republic of Palau.
              (7) Tobacco product.--The term ``tobacco product'' means--
                      (A) cigarettes;
                      (B) little cigars;
                      (C) cigars as defined in section 5702 of the 
                  Internal Revenue Code of 1986;
                      (D) pipe tobacco;
                      (E) loose rolling tobacco and papers used to 
                  contain such tobacco;
                      (F) products referred to as spit tobacco; and
                      (G) any other form of tobacco intended for human 
                  use or consumption.
              (8) 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. RESTRICTIONS ON NEGOTIATIONS REGARDING FOREIGN LAWS REGULATING 
                TOBACCO PRODUCTS.
  
      No funds appropriated by law may be used by any officer, employee, 
  department, or agency of the United States--
              (1) to seek, through negotiation or otherwise, the removal 
          or reduction by any foreign country of any nondiscriminatory 
          law or regulation, or any proposed nondiscriminatory law or 
          regulation, in that country that restricts the advertising, 
          manufacture, packaging, taxation, sale, importation, labeling, 
          or distribution of tobacco products; or
              (2) to encourage or promote the export, advertising, 
          manufacture, sale, or distribution of tobacco products.
  
  SEC. 4. CIGARETTE EXPORT LABELING.
  
      (a) Labeling Requirements for Export of Cigarettes.--
              (1) In general.--It shall be unlawful for any domestic 
          concern to export from the United States, or to sell or 
          distribute in, or export from, any other country, any 
          cigarettes whose package does not contain a warning label 
          that--
                      (A) complies with Federal labeling requirements for 
                  cigarettes manufactured, imported, or packaged for sale 
                  or distribution within the United States; and
                      (B) is in the primary language of the country in 
                  which the cigarettes are intended for consumption.
              (2) Labeling format.--Federal labeling format requirements 
          shall apply to a warning label described in paragraph (1) in 
          the same manner, and to the same extent, as such requirements 
          apply to cigarettes manufactured, imported, or packaged for 
          sale or distribution within the United States.
              (3) Rotation of labeling.--Federal rotation requirements 
          for warning labels shall apply to a warning label described in 
          paragraph (1) in the same manner, and to the same extent, as 
          such requirements apply to cigarettes manufactured, imported, 
          or packaged for sale or distributed within the United States.
              (4) Waivers.--
                      (A) In general.--The President may waive the 
                  labeling requirements required by this Act for 
                  cigarettes, if the cigarettes are exported to a foreign 
                  country included in the list described in subparagraph 
                  (B) and if that country is the country in which the 
                  cigarettes are intended for consumption. A waiver under 
                  this subparagraph shall be in effect prior to the 
                  exportation of any cigarettes not in compliance with 
                  the requirements of this section by a person to a 
                  foreign country included in the list.
                      (B) List of eligible countries for waiver.--
                              (i) In general.--Not later than 90 days 
                          after the date of enactment of this Act, the 
                          President shall develop and publish in the 
                          Federal Register a list of foreign countries 
                          that have in effect requirements for the 
                          labeling of cigarette packages substantially 
                          similar to or more stringent than the 
                          requirements for labeling of cigarette packages 
                          set forth in paragraphs (1) through (3). The 
                          President shall use the list to grant a waiver 
                          under subparagraph (A).
                              (ii) Update of list.--The President shall--
                                      (I) update the list described in 
                                  clause (i) to include a foreign country 
                                  on the list if the country meets the 
                                  criteria described in clause (i), or to 
                                  remove a foreign country from the list 
                                  if the country fails to meet the 
                                  criteria; and
                                      (II) publish the updated list in 
                                  the Federal Register.
      (b) Penalties.--
              (1) Fine.--Any person who violates the provisions of 
          subsection (a) shall be fined not more than $100,000 per day 
          for each such violation. Any person who knowingly reexports 
          from or transships cigarettes through a foreign country 
          included in the list described in subsection (a)(4)(B) to avoid 
          the requirements of this Act shall be fined not more than 
          $150,000 per day for each such occurrence.
              (2) Injunction proceedings.--The district courts of the 
          United States shall have jurisdiction, for cause shown, to 
          prevent and restrain violations of subsection (a) upon the 
          application of the Attorney General of the United States.
      (c) Repeal.--Section 12 of the Federal Cigarette Labeling and 
  Advertising Act (15 U.S.C. 1340) is repealed.
      (d) Regulatory Authority.--Not later than 90 days after the date of 
  enactment of this Act, the President shall promulgate such regulations 
  and orders as may be necessary to carry out this section.
      (e) Effective Date.--The provisions of subsections (a) through (c) 
  shall take effect upon the effective date of the regulations 
  promulgated under subsection (d).
target: Worldwide Tobacco Disclosure Act of 1997 - Prohibits the use of appropriated funds by any U.S. employee, department, or agency to:  (1) seek, through negotiation or otherwise, the removal or reduction by any foreign country of any nondiscriminatory law that restricts the advertising, manufacture, packaging, taxation, sale, importation, labeling, or distribution of tobacco products; or (2) promote the export, advertising, manufacture, sale, or distribution of tobacco products. 
  Makes it unlawful to export from the United States, or to sell or distribute in, or export from, any other country, any cigarettes whose package does not contain a warning label (including Federal labeling format and Federal rotation requirements) that:  (1) complies with Federal labeling requirements for cigarettes manufactured, imported, or packaged for sale or distribution within the United States; and (2) is in the primary language of the country in which the cigarettes are intended for consumption. 
  Authorizes the President to waive such prohibition if the importing country has similar or more stringent labeling requirements. 
  Sets forth penalties for violation of this Act.
feat_title: Worldwide Tobacco Disclosure Act of 1997