International Provisions in the McCain Bill

[Robert Weissman <rob@essential.org>]

This update on the international provisions in the McCain bill comes from
John Bloom, of the Center for Tobacco-Free Kids. Written Tuesday, it
remains current.

Robert Weissman
Essential Information			|   Internet:	rob@essential.org


As many of you know, the McCain Bill had strong provisions on a range of
international issues in it when it passed the Senate Commerce Committee.
These provisions have been weakened in negotiations with the White House
and others in recent days.  However, Senator Wyden won some significant
last-minute concessions in negotiations Sunday night.  Provisions now
included in the bill include the following:

U.S. TOBACCO TRADE POLICY.  The Doggett Amendment will be strengthened
and made permanent.  Strengthening language includes a requirement that
USTR consult with HHS on all tobacco-related matters, including the
determination of whether tobacco control laws in other countries are a
reasonable protection of public health.  Language also requires USTR to
report to Congress within 10 days of taking up a tobacco-related issue.
This is not ideal because it does not absolutely require HHS
concurrence, but it does strengthen the role of health policy experts in
the process.

INTERNATIONAL AGREEMENTS.  The legislation will specify that the U.S.
will seek international agreements (bilateral and multilateral) to
protect children, protect nonsmokers from ETS, disclose ingredients,
strengthen warning labels, reduce smuggling, etc.  The White House will
take the lead in negotiations.  HHS will develop a strategy and issue a
report within 150 days on this issue.  This is intended to support the
Framework Convention and any other promising avenue for international
cooperation.  This is something the Administration can do without
legislation, but it is helpful to have official encouragement from
Congress.

$350 MILLION PER YEAR FOR INTERNATIONAL TOBACCO CONTROL.  These funds
would be allocated to the Department of Health and Human Services for an
"international tobacco control awareness effort."  HHS is given broad
discretion to use the funds for a wide range of programs, and can fund
efforts by international agencies, NGOs, health ministries, and U.S.
government agencies.  This could make an enormous difference if it is
used stategically.  

EXPORT WARNING LABELS.  Exported cigarettes must include a U.S. warning
label unless the country of destination has a specific warning label
requirement, in which exports must comply only with the foreign
requirement.  Regulations to promulgate this are required within one
year, and HHS will study the feasibility of requiring export warning
labels to be in the primary language(s) of the country of destination.
A report on foreign warning labels will be required within 90 days.
This will only affect exports to about 40 countries that still do not
require warning labels.  

These provisions do not go far enough because there are no constraints
at all on the behavior of U.S. companies overseas; trade policy
standards have been watered down from the original bill; and specific
support for NGO efforts was stripped from the bill.  This weakening of
the provisions was through no fault of Senator Wyden, who fought hard
and won several of these provisions over Clinton Administration
objections.  Under the circumstances, Senator Wyden did very well.

There are much stronger provisions in the Hansen-Meehan bill in the
House of Representatives that would more than make up for this partial
setback on the Senate side.  Congressman Waxman is playing a leading
role in advocating for those provisions.

Senators Wyden, Durbin, Wellstone and Lautenberg deserve tremendous
credit for championing these international issues and for preserving as
much of them as possible in difficult negotiations.

The Floor debate over the overall bill is underway now.  There is a
possibility that amendments will be offered to strengthen or weaken the
international provisions, although at present we do not know of any.
Because agreement was reached on these provisions in advance, they are
likely to hold.  The level of funding is one critical issue that could
be affected by other amendments and that we all should be prepared to
defend.

We will post further updates as we learn more.


John Bloom
National Center for Tobacco-Free Kids
Washington, DC
jbloom@tobaccofreekids.org
Phone:  202-296-5469
Fax:      202-296-5427

P.S.  The tremendous victory in Europe is an inspiration to us all.
Congratulations to all involved!
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