II

103D CONGRESS

1ST SESSION S. 1680

To amend the Toxic Substances Control Act to protect the public from

health hazards caused by exposure to environmental tobacco smoke, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 18 (legislative day, NOVEMBER 2), 1993

Mr. LAUTENBERG introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To amend the Toxic Substances Control Act to protect the

public from health hazards caused by exposure to environmental tobacco smoke, and for other purposes.

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. UNIFORM INDOOR AIR POLICY.

7 (a) IN GENERAL.—The Toxic Substances Control Act

8 (15 U.S.C. 2601 et seq.) is amended by adding at the end

9 the following new title:
2

•S 1680 IS

1 ‘‘TITLE V—UNIFORM INDOOR AIR

2 POLICY WITH RESPECT TO

3 ENVIRONMENTAL TOBACCO

4 SMOKE

5 ‘‘SEC. 501. PURPOSE.

6 ‘‘The purpose of this title is to establish a uniform

7 indoor air standard for public facilities with respect to en8 vironmental tobacco smoke.

9 ‘‘SEC. 502. DEFINITIONS.

10 ‘‘As used in this title:

11 ‘‘(1) ENVIRONMENTAL TOBACCO SMOKE.—The

12 term ‘environmental tobacco smoke’ means smoke

13 emitted from a cigarette, cigar, or pipe, or any other

14 combustion of tobacco.

15 ‘‘(2) PUBLIC FACILITY.—The term ‘public facil16 ity’—

17 ‘‘(A) means a building regularly entered by

18 10 or more individuals at least 1 day per week,

19 including a building owned by or leased to a

20 Federal, State, or local government entity; and

21 ‘‘(B) does not include a building or portion

22 of a building regularly used for residential pur23 poses.

24 ‘‘(3) RESPONSIBLE ENTITY.—The term ‘respon25 sible entity’ means, with respect to a public facility,
3

•S 1680 IS

1 the owner of the facility, except that in the case of

2 a facility or portion of a facility that is leased, the

3 term means the lessee of the facility.

4 ‘‘SEC. 503. UNIFORM INDOOR AIR POLICY.

5 ‘‘(a) REQUIREMENT OF POLICY.—

6 ‘‘(1) IN GENERAL.—Except as provided in sub7 section (b), the responsible entity for each public fa8 cility shall adopt and carry out at the facility a uni9 form indoor air policy that meets the requirements

10 of paragraph (2).

11 ‘‘(2) ELEMENTS OF POLICY.—

12 ‘‘(A) IN GENERAL.—Except as provided in

13 subparagraph (B), each uniform indoor air pol14 icy for a public facility shall—

15 ‘‘(i) prohibit the emission of environ16 mental tobacco smoke within the facility

17 and on facility property within the imme18 diate vicinity of the entrance to the facility;

19 and

20 ‘‘(ii) post a clear and prominent no21 tice of the prohibition specified in clause

22 (i) in appropriate and visible locations at

23 the public facility.

24 ‘‘(B) EXCEPTION FOR SPECIALLY DES25 IGNATED SMOKING AREAS.—
4

•S 1680 IS

1 ‘‘(i) IN GENERAL.—A uniform indoor

2 air policy may provide an exception to the

3 prohibition specified in subparagraph

4 (A)(i) for 1 or more specially designated

5 smoking areas within a public facility if

6 each area meets the requirements of clause

7 (ii).

8 ‘‘(ii) REQUIREMENTS.—An area meets

9 the requirements for a specially designated

10 smoking area referred to in clause (i) if—

11 ‘‘(I) the area is ventilated in ac12 cordance with specifications issued by

13 the Administrator that ensure that air

14 from the area is directly exhausted to

15 the outside and does not recirculate or

16 drift to other areas within the public

17 facility; and

18 ‘‘(II) nonsmoking individuals do

19 not have to enter the area for any

20 purpose.

21 ‘‘(b) WAIVERS.—

22 ‘‘(1) IN GENERAL.—A responsible entity for a

23 public facility may petition the Administrator for a

24 waiver from compliance with subsection (a). If the

25 Administrator determines that the public facility is
5

•S 1680 IS

1 subject to unusual and extenuating circumstances

2 that prevent the compliance, the Administrator may

3 grant the waiver and instead require that the facility

4 protect nonsmokers to the maximum extent prac5 ticable.

6 ‘‘(2) TERM OF WAIVER.—Each waiver granted

7 under this subsection shall be for a period of not to

8 exceed 1 year.

9 ‘‘(3) PUBLICATION.—Each petition for a waiver

10 and a summary of subsequent actions taken by the

11 Administrator shall be published in the Federal Reg12 ister.

13 ‘‘(4) REPORT TO CONGRESS.—The Adminis14 trator shall annually report to Congress on all waiv15 ers granted during the preceding year.

16 ‘‘SEC. 504. ENFORCEMENT.

17 ‘‘(a) PENALTIES.—

18 ‘‘(1) IN GENERAL.—A person subject to section

19 503 who fails to comply with such section shall be

20 liable to the United States for a civil penalty in an

21 amount not to exceed $5,000 for each day during

22 which the violation continues.

23 ‘‘(2) USE OF PENALTIES.—A court may order

24 that a civil penalty imposed under this section be

25 used for projects that further the purpose of this
6

•S 1680 IS

1 title. The court shall obtain the view of the Adminis2 trator in determining whether to issue an order de3 scribed in the preceding sentence and in selecting

4 the projects.

5 ‘‘(b) BRINGING OF ACTIONS.—

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

7 an action to enforce section 503 may be brought by

8 a person aggrieved by a violation of such section, a

9 State or local government agency, or the Adminis10 trator.

11 ‘‘(2) NOTICE.—An aggrieved person referred to

12 in paragraph (1) shall give an alleged violator notice

13 of the alleged violation not less than 60 days before

14 bringing an action under this section. An aggrieved

15 person may not bring an action under this section

16 if the alleged violator complies with section 503

17 within the 60-day period and thereafter.

18 ‘‘(c) VENUE.—An action to enjoin a violation of sec19 tion 503 or to impose a civil penalty for a violation of

20 such section may be brought in a district court of the

21 United States for the district in which the defendant re22 sides or is doing business. The district court shall have

23 jurisdiction, without regard to the amount in controversy

24 or the citizenship of the parties, to enforce section 503

25 and to impose civil penalties under this section.
7

•S 1680 IS

1 ‘‘(d) COSTS.—In issuing a final order in an action

2 brought under this section, a court may award costs of

3 litigation (including reasonable attorney and expert wit4 ness fees) to a prevailing plaintiff, if the court determines

5 that the award is appropriate.

6 ‘‘SEC. 505. PREEMPTION.

7 ‘‘Nothing in this title shall preempt or otherwise af8 fect any other Federal, State, or local law that provides

9 protection from health hazards from environmental to10 bacco smoke.

11 ‘‘SEC. 506. REGULATIONS.

12 ‘‘The Administrator may issue such regulations as

13 the Administrator considers necessary to carry out this

14 title.’’.

15 (b) EFFECTIVE DATE.—This section and the amend16 ment made by this section shall become effective on the

17 date that is 1 year after the date of enactment of this

18 Act.

Æ