15 U.S.C. § 1341 — Smoking, research, education and infor-

Page 1403 TITLE 15—COMMERCE AND TRADE § 1341 renumbered § 9 and amended Pub. L. 98–474, §§ 5(a), 6(d), Oct. 12, 1984, 98 Stat. 2203, 2205, which required the Sec- retary of Health and Human Services to transmit an annual report to Congress concerning health con- sequences of smoking and recommendations for legisla- tion, and which required the Federal Trade Commission to transmit an annual report to Congress concerning practices and methods of cigarette advertising and pro- motion and recommendations for legislation, termi- nated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under sec- tion 1113 of Title 31, Money and Finance. See, also, pages 95 and 172 of House Document No. 103–7. A prior section 9 of Pub. L. 89–92 was renumbered sec- tion 10 and is classified to section 1338 of this title. § 1338. Criminal penalty Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000. (Pub. L. 89–92, § 10, formerly § 9, July 27, 1965, 79 Stat. 284; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 89; renumbered § 10, Pub. L. 98–474, § 5(a), Oct. 12, 1984, 98 Stat. 2203.) Editorial Notes PRIOR PROVISIONS A prior section 10 of Pub. L. 89–92 was renumbered section 11 and is classified to section 1339 of this title. AMENDMENTS 1970—Pub. L. 91–222 substituted provisions that viola- tors shall be guilty of a misdemeanor and subject to fine, for provision that if any part of this chapter be held invalid, other provisions thereof shall not be af- fected. See Separability note set out under section 1331 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–222 effective Jan. 1, 1970, except where otherwise specified, see section 3 of Pub. L. 91–222, set out in part as a note under section 1331 of this title. § 1339. Injunction proceedings The several district courts of the United States are invested with jurisdiction, for cause shown, to prevent and restrain violations of this chapter upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts. (Pub. L. 89–92, § 11, formerly § 10, July 27, 1965, 79 Stat. 284; Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 89; renumbered § 11, Pub. L. 98–474, § 5(a), Oct. 12, 1984, 98 Stat. 2203.) Editorial Notes PRIOR PROVISIONS Two prior sections 11 of Pub. L. 89–92 were renum- bered section 12 by section 5(a) of Pub. L. 98–474 and are classified to section 1340 of this title and as an Effec- tive Date note under section 1331 of this title. AMENDMENTS 1970—Pub. L. 91–222 substituted provision that the several district courts are invested with jurisdiction in injunction proceedings, for provisions that regulation of advertising terminate on July 1, 1969, but that such termination shall not be construed as limiting, expand- ing or otherwise affecting such jurisdiction which Fed- eral Trade Commission or other federal agencies had prior to July 27, 1965. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–222 effective Jan. 1, 1970, except where otherwise specified, see section 3 of Pub. L. 91–222, set out in part as a note under section 1331 of this title. § 1340. Cigarettes for export Packages of cigarettes manufactured, im- ported, or packaged (1) for export from the United States or (2) for delivery to a vessel or aircraft, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States shall be exempt from the re- quirements of this chapter, but such exemptions shall not apply to cigarettes manufactured, im- ported, or packaged for sale or distribution to members or units of the Armed Forces of the United States located outside of the United States. (Pub. L. 89–92, § 12, formerly § 11, as added Pub. L. 91–222, § 2, Apr. 1, 1970, 84 Stat. 89; renumbered § 12, Pub. L. 98–474, § 5(a), Oct. 12, 1984, 98 Stat. 2203.) Editorial Notes CODIFICATION Another section 12 of Pub. L. 89–92, July 27, 1965, 79 Stat. 284, is set out as an Effective Date note under sec- tion 1331 of this title. PRIOR PROVISIONS A prior section 12 of Pub. L. 89–92 was renumbered section 13 and is set out as a Separability note under section 1331 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1970, see section 3 of Pub. L. 91–222, set out in part as a note under section 1331 of this title. § 1341. Smoking, research, education and infor- mation (a) Establishment of program; Secretary; func- tions The Secretary of Health and Human Services (hereinafter in this section referred to as the ‘‘Secretary’’) shall establish and carry out a pro- gram to inform the public of any dangers to human health presented by cigarette smoking. In carrying out such program, the Secretary shall— (1) conduct and support research on the ef- fect of cigarette smoking on human health and develop materials for informing the public of such effect; (2) coordinate all research and educational programs and other activities within the De- partment of Health and Human Services (here- inafter in this section referred to as the ‘‘De- partment’’) which relate to the effect of ciga- rette smoking on human health and coordi- Page 1404 TITLE 15—COMMERCE AND TRADE § 1351 1 So in original. Probably should be ‘‘subsistence,’’. nate, through the Interagency Committee on Smoking and Health (established under sub- section (b)), such activities with similar ac- tivities of other Federal agencies and of pri- vate agencies; (3) establish and maintain a liaison with ap- propriate private entities, other Federal agen- cies, and State and local public agencies re- specting activities relating to the effect of cig- arette smoking on human health; (4) collect, analyze, and disseminate (through publications, bibliographies, and oth- erwise) information, studies, and other data relating to the effect of cigarette smoking on human health, and develop standards, criteria, and methodologies for improved information programs related to smoking and health; (5) compile and make available information on State and local laws relating to the use and consumption of cigarettes; and (6) undertake any other additional informa- tion and research activities which the Sec- retary determines necessary and appropriate to carry out this section. (b) Interagency Committee on Smoking and Health; composition; chairman; compensa- tion; staffing and other assistance (1) To carry out the activities described in paragraphs (2) and (3) of subsection (a) there is established an Interagency Committee on Smok- ing and Health. The Committee shall be com- posed of— (A) members appointed by the Secretary from appropriate institutes and agencies of the Department, which may include the Na- tional Cancer Institute, the National Heart, Lung, and Blood Institute, the Eunice Ken- nedy Shriver National Institute of Child Health and Human Development, the National Institute on Drug Abuse, the Health Resources and Services Administration, and the Centers for Disease Control and Prevention; (B) at least one member appointed from the Federal Trade Commission, the Department of Education, the Department of Labor, and any other Federal agency designated by the Sec- retary, the appointment of whom shall be made by the head of the entity from which the member is appointed; and (C) five members appointed by the Secretary from physicians and scientists who represent private entities involved in informing the pub- lic about the health effects of smoking. The Secretary shall designate the chairman of the Committee. (2) While away from their homes or regular places of business in the performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistance,1 in the manner pro- vided by sections 5702 and 5703 of title 5. (3) The Secretary shall make available to the Committee such staff, information, and other assistance as it may require to carry out its ac- tivities effectively. (c) Report to Congress; contents The Secretary shall transmit a report to Con- gress not later than January 1, 1986, and bienni- ally thereafter which shall contain— (1) an overview and assessment of Federal activities undertaken to inform the public of the health consequences of smoking and the extent of public knowledge of such con- sequences, (2) a description of the Secretary’s and Com- mittee’s activities under subsection (a), (3) information regarding the activities of the private sector taken in response to the ef- fects of smoking on health, and (4) such recommendations as the Secretary may consider appropriate. (Pub. L. 98–474, § 3, Oct. 12, 1984, 98 Stat. 2200; Pub. L. 99–92, § 13, Aug. 16, 1985, 99 Stat. 404; Pub. L. 102–531, title III, § 312(a), Oct. 27, 1992, 106 Stat. 3504; Pub. L. 110–154, § 1(c)(1), Dec. 21, 2007, 121 Stat. 1827.) Editorial Notes CODIFICATION Section was enacted as part of the Comprehensive Smoking Education Act, and not as part of the Federal Cigarette Labeling and Advertising Act which com- prises this chapter. AMENDMENTS 2007—Subsec. (b)(1)(A). Pub. L. 110–154 substituted ‘‘Eunice Kennedy Shriver National Institute of Child Health and Human Development’’ for ‘‘National Insti- tute of Child Health and Human Development’’. 1992—Subsec. (b)(1)(A), Pub. L. 102–531 substituted ‘‘Centers for Disease Control and Prevention’’ for ‘‘Cen- ters for Disease Control’’. 1985—Subsec. (c). Pub. L. 99–92 substituted ‘‘1986’’ for ‘‘1985’’. CHAPTER 37—STATE TECHNICAL SERVICES Sec. 1351. Declaration of purpose. 1352. Definitions. 1353. Selection of designated agency. 1354. Five-year plan; annual technical services pro- gram. 1355. Conditions precedent to acceptance of plans and programs for review and approval by Secretary. 1356. Review and approval of plans and programs by Secretary. 1357. Interstate cooperation in administration and coordination of plans and programs. 1358. Consent of Congress for interstate compacts; reservation of right to alter, amend, or re- peal. 1359. Advisory councils for technical services; ap- pointment; functions; compensation and ex- penses. 1360. Appropriations and payments. 1361. Reference services to assist designated agen- cies to obtain information outside State. 1362. Rules and regulations. 1363. Prohibition against control over educational institutions; functions or responsibilities of other departments not affected. 1364. Annual report by designated agencies to Sec- retary; reports by Secretary to President and Congress. 1365. Public committee; appointment; functions; report. 1366. Termination of payments for noncompliance with law or diversion of funds. 1367. Repayments. 1368. Records. § 1351. Declaration of purpose Congress finds that wider diffusion and more effective application of science and technology