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OCR Page 1 of 49PAGE
38
S. 1414 NOVEMBER 10, 1997 -- VERSION: 1
(3) THE AVERAGE OF THE PERCENTAGES OF 8TH GRADERS (INDIVIDUALS WHO
RE 13 YEARS OF AGE) WHO USED CIGARETTE PRODUCTS ON A DAILY BASIS FOR
CH OF THE CALENDAR YEARS 1991 THROUGH 1996.
SMOKELESS TOBACCO.-FOR PURPOSES OF THIS SECTION, THE UNDERAGE USE
BASE PERCENTAGE FOR SMOKELESS TOBACCO PRODUCTS SHALL BE A PERCENTAGE
DETERMINED BY THE SECRETARY, WEIGHTED BY THE RELATIVE POPULATION OF THE
AGE GROUPS INVOLVED AS DETERMINED USING DATA COMPILED IN 1995 BY THE
BUREAU OF THE CENSUS, BASED ON-
(1) the average of the percentages of 12th graders (individuals who
are 16 or 17 years of age) who used smokeless tobacco products on a
daily basis in 1996;
(2) the average of the percentages of 10th graders (individuals who
are 14 or 15 years of age) who used smokeless tobacco products on a
daily basis in 1996; and
(3) the average of the percentages of 8th graders (individuals who
are 13 years of age) who used smokeless tobacco products on a daily
basis in 1996.
(c) USE OF CERTAIN DATA OR METHODOLOGY.-FOR PURPOSES OF DETERMINING THE
PERCENTAGES UNDER PARAGRAPHS (1) THROUGH (3) OF SUBSECTIONS (A) AND (B),
THE SECRETARY SHALL USE THE DATA CONTAINED IN THE NATIONAL HIGH SCHOOL
DRUG USE SURVEY ENTITLED MONITORING THE FUTURE BY THE UNIVERSITY OF
MICHIGAN OR SUCH OTHER COMPARABLE INDEX, AS DETERMINED APPROPRIATE BY THE
SECRETARY AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, THAT UTILIZES
METHODOLOGY IDENTICAL TO THAT USED BY THE UNIVERSITY OF MICHIGAN IN SUCH
SURVEY.
SEC. 203. ANNUAL DAILY INCIDENCE OF UNDERAGE USE OF TOBACCO PRODUCTS.
(a) ANNUAL DETERMINATION.- LATER THAN THE EXPIRATION OF THE 5-YEAR
PERIOD BEGINNING ON THE DATE OF ENACTMENT OF THIS ACT, AND ANNUALLY
THEREAFTER, THE SECRETARY SHALL DETERMINE THE AVERAGE ANNUAL INCIDENCE OF
THE DAILY USE OF TOBACCO PRODUCTS BY INDIVIDUALS WHO ARE UNDER 18 YEARS
OF AGE.
(B) CIGARETTES.-WITH RESPECT TO CIGARETTE PRODUCTS, A DETERMINATION
UNDER SUBSECTION (A) FOR A YEAR SHALL BE BASED ON THE PERCENTAGE, AS
WEIGHTED BY THE RELATIVE POPULATION OF THE AGE GROUPS INVOLVED AS
DETERMINED USING DATA COMPILED IN 1995 BY THE BUREAU OF THE CENSUS, OF-
(1) 12TH GRADERS (INDIVIDUALS WHO ARE 16 OR 17 YEARS OF AGE) WHO
SED CIGARETTE PRODUCTS ON A DAILY BASIS DURING THE YEAR INVOLVED;
(2) 10TH GRADERS (INDIVIDUALS WHO ARE 14 OR 15 YEARS OF AGE) WHO
SED CIGARETTE PRODUCTS ON A DAILY BASIS DURING THE YEAR INVOLVED;
AND
(3) 8TH GRADERS (INDIVIDUALS WHO ARE 13 YEARS OF AGE) WHO USED
CIGARETTE PRODUCTS ON A DAILY BASIS DURING THE YEAR INVOLVED.
(c) SMOKELESS TOBACCO.-W RESPECT TO SMOKELESS TOBACCO PRODUCTS, A
DETERMINATION UNDER SUBSECTION (A) FOR A YEAR SHALL BE BASED ON THE
PERCENTAGE, AS WEIGHTED BY THE RELATIVE POPULATION OF THE AGE GROUPS
INVOLVED AS DETERMINED USING DATA COMPILED IN 1995 BY THE BUREAU OF THE
CENSUS, OF-
(1) 12TH GRADERS (INDIVIDUALS WHO ARE 16 OR 17 YEARS OF AGE) WHO
USED SMOKELESS TOBACCO PRODUCTS ON A DAILY BASIS DURING THE YEAR
INVOLVED;
(2) 10TH GRADERS (INDIVIDUALS WHO ARE 14 OR 15 YEARS OF AGE) WHO
USED SMOKELESS TOBACCO PRODUCTS ON A DAILY BASIS DURING THE YEAR
INVOLVED; AND
(3) 8TH GRADERS (INDIVIDUALS WHO ARE 13 YEARS OF AGE) WHO USED
CIGARETTE SMOKELESS TOBACCO ON A DAILY BASIS DURING THE YEAR
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