I

103D CONGRESS

2D SESSION H. R. 3434

To amend the Public Health Service Act to protect the public from health

hazards caused by exposure to environmental tobacco smoke, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 3, 1993

Mr. WAXMAN (for himself, Mr. HANSEN, Mr. BARRETT of Wisconsin, Mr.

BEILENSON, Mr. BROWN of Ohio, Mr. BRYANT, Mrs. COLLINS of Illinois,

Mr. DELLUMS, Mr. DURBIN, Mr. FARR of California, Mr. FOGLIETTA,

Ms. FURSE, Mr. HUFFINGTON, Mr. JOHNSTON of Florida, Mr.

KREIDLER, Mr. LAFALCE, Mr. LEWIS of Georgia, Ms. MARGOLIESMEZVINSKY, Mr. MARKEY, Mr. MAZZOLI, Mr. MCDERMOTT, Ms. MCKINNEY, Mr. MEEHAN, Mr. MILLER of California, Mr. OBERSTAR, Ms.

PELOSI, Mr. RICHARDSON, Ms. SCHENK, Mrs. SCHROEDER, Mr.

SERRANO, Mr. STARK, Mr. SYNAR, Mr. TORRES, Mr. TRAFICANT, Ms.

WATERS, and Mr. WYDEN) introduced the following bill; which was referred to the Committee on Energy and Commerce

MARCH 18, 1994

Additional sponsors: Mr. ACKERMAN, Mr. EDWARDS of California, Mr. EVANS,

Mr. FALEOMAVAEGA, Mr. FILNER, Mr. FROST, Mr. MATSUI, Mr. OWENS,

Mr. YATES, Mr. CONYERS, Mr. JACOBS, Mr. JEFFERSON, Mr. NADLER,

Mr. BECERRA, Mr. GENE GREEN of Texas, Mr. OLVER, Mr. SANDERS,

Ms. VELA ́ZQUEZ, Mr. GOODLING, Mr. MORAN, Mr. RANGEL, Ms. ESHOO,

Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. MORELLA, Mr. ORTON,

Mr. PENNY, Mr. ROMERO-BARCELO ́, Ms. SHEPHERD, and Ms. SLAUGHTER

A BILL

To amend the Public Health Service Act to protect the

public from health hazards caused by exposure to environmental tobacco smoke, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Smoke-Free Environ5 ment Act of 1993’’.

6 SEC. 2. SMOKE-FREE ENVIRONMENT POLICY.

7 The Public Health Service Act is amended by adding

8 the following new title at the end thereof:

9 ‘‘TITLE XXVII—SMOKE-FREE ENVIRONMENTS

10 ‘‘SEC. 2701. SMOKE-FREE ENVIRONMENT POLICY.

11 ‘‘(a) POLICY REQUIRED.—In order to protect chil12 dren and adults from cancer, respiratory disease, heart

13 disease, and other adverse health effects from breathing

14 environmental tobacco smoke, the responsible entity for

15 each public facility shall adopt and implement at such fa16 cility a smoke-free environment policy which meets the re17 quirements of subsection (b).

18 ‘‘(b) ELEMENTS OF POLICY.—Each smoke-free envi19 ronment policy for a public facility shall—

20 ‘‘(1) prohibit the smoking of cigarettes, cigars,

21 and pipes, and any other combustion of tobacco,

22 within the facility and on facility property within the

23 immediate vicinity of the entrance to the facility;

24 and
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1 ‘‘(2) post a clear and prominent notice of the

2 smoking prohibition in appropriate and visible loca3 tions at the public facility.

4 The policy may provide an exception to the prohibition

5 specified in paragraph (1) for one or more specially des6 ignated smoking areas within a public facility if such area

7 or areas meet the requirements of subsection (c).

8 ‘‘(c) SPECIALLY DESIGNATED SMOKING AREAS.—A

9 specially designated smoking area meets the requirements

10 of this subsection if:

11 ‘‘(1) The area is ventilated in accordance with

12 specifications promulgated by the Administrator that

13 insure that air from the area is directly exhausted

14 to the outside and does not recirculate or drift to

15 other areas within the public facility.

16 ‘‘(2) Nonsmoking individuals do not have to

17 enter the area for any purpose.

18 ‘‘SEC. 2702. CITIZEN ACTIONS.

19 ‘‘(a) IN GENERAL.—An action may be brought to en20 force the requirements of this title by any aggrieved per21 son, any State or local government agency, or the Admin22 istrator.

23 ‘‘(b) VENUE.—Any action to enforce this title may

24 be brought in any United States district court for the dis25 trict in which the defendant resides or is doing business
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1 to enjoin any violation of this title or to impose a civil

2 penalty for any such violation in the amount of not more

3 than $5,000 per day of violation. The district courts shall

4 have jurisdiction, without regard to the amount in con5 troversy or the citizenship of the parties, to enforce this

6 title and to impose civil penalties under this title.

7 ‘‘(c) NOTICE.—An aggrieved person shall give any al8 leged violator notice of at least 60 days prior to commenc9 ing an action under this section. No action may be com10 menced by an aggrieved person under this section if such

11 alleged violator complies with the requirements of this title

12 within such 60-day period and thereafter.

13 ‘‘(d) COSTS.—The court, in issuing any final order

14 in any action brought pursuant to this section, may award

15 costs of litigation (including reasonable attorney and ex16 pert witness fees) to any prevailing plaintiff, whenever the

17 court determines such award is appropriate.

18 ‘‘(e) PENALTIES.—The court in any action under this

19 section to apply civil penalties shall have discretion to

20 order that such civil penalties be used for projects which

21 further the policies of this title. The court shall obtain the

22 view of the Administrator in exercising such discretion and

23 selecting any such projects.
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1 ‘‘SEC. 2703. PREEMPTION.

2 ‘‘Nothing in this title shall preempt or otherwise af3 fect any other Federal, State or local law which provides

4 protection from health hazards from environmental to5 bacco smoke.

6 ‘‘SEC. 2704. REGULATIONS.

7 ‘‘The Administrator is authorized to promulgate such

8 regulations as the Administrator deems necessary to carry

9 out this title.

10 ‘‘SEC. 2705. EFFECTIVE DATE.

11 ‘‘The requirements of this title shall take effect on

12 the date one year after the date of the enactment of the

13 Smoke-Free Environment Act of 1993.

14 ‘‘SEC. 2706. DEFINITIONS.

15 ‘‘As used in this title—

16 ‘‘(1) the term ‘Administrator’ means the Ad17 ministrator of the Environmental Protection Agency;

18 ‘‘(2) the term ‘public facility’ means any build19 ing regularly entered by 10 or more individuals at

20 least one day per week, including any such building

21 owned by or leased to a Federal, State, or local gov22 ernment entity. Such term shall not include any

23 building or portion thereof regularly used for resi24 dential purposes; and

25 ‘‘(3) the term ‘responsible entity’ means, with

26 respect to any public facility, the owner of such facil-
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1 ity, except that in the case of any such facility or

2 portion thereof which is leased, such term means the

3 lessee.’’.

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