II

105TH CONGRESS

2D SESSION S. 2066

To reduce exposure to environmental tobacco smoke.

IN THE SENATE OF THE UNITED STATES

MAY 12, 1998

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

to the Committee on Environment and Public Works

A BILL

To reduce exposure to environmental tobacco smoke.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EDUCATION AND OUTREACH.

4 (a) STATE PROGRAM.—

5 (1) IN GENERAL.—The Administrator of the

6 Environmental Protection Agency (referred to in

7 this Act as the ‘‘Administrator’’) shall provide funds

8 to each State for the purpose of enabling such

9 States to conduct education and outreach activities

10 relating to the health-related effects on children of

11 exposure to environmental tobacco smoke.
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1 (2) AMOUNT.—From amounts made available

2 under subsection (d)(1) for each fiscal year, the Ad3 ministrator shall provide to a State an amount that

4 bears the same ratio to such available amounts as

5 the population of the State bears to the total popu6 lation of all States.

7 (3) USE OF FUNDS.—A State shall use

8 amounts received under this subsection to carry out

9 activities consistent with the purpose of paragraph

10 (1).

11 (4) MINIMUM AMOUNT.—In providing funds to

12 each State under this subsection, the Administrator

shall ensure that no State receives less than 1 13 ⁄2 of

14 1 percent of the amount available under subsection

15 (e)(1) for a fiscal year for grants under this sub16 section.

17 (5) MAXIMUM AMOUNT.—In providing funds to

18 each State under this subsection, the Administrator

shall ensure that no State receives more than 21 19 ⁄2

20 percent of the amount available under subsection

21 (e)(1) for a fiscal year for grants under this sub22 section.

23 (b) NATIONAL EDUCATION AND OUTREACH CAM24 PAIGN.—The Administrator shall use amounts made avail25 able under subsection (d)(2) in each fiscal year to estab-
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1 lish a national education and outreach campaign relating

2 to the effect on individuals of exposure to tobacco smoke

3 and ways to minimize such exposure. In establishing such

4 campaign, the Administrator shall—

5 (1) focus on children’s exposure to environ6 mental tobacco smoke in the home; and

7 (2) coordinate activities with the Secretary of

8 Health and Human Services and other Federal

9 agencies as determined appropriate by the Adminis10 trator.

11 (c) PEER REVIEW.—The Administrator shall use

12 amounts made available under subsection (d)(3) in each

13 fiscal year to carry out research, and provide for peer re14 view studies of research, related to the exposure of individ15 uals to environmental tobacco smoke.

16 (d) FUNDING.—The Administrator shall use amounts

17 available for each fiscal year from any Trust Fund estab18 lished as part of a national settlement on tobacco litigation

19 to carry out this section. With respect to such amounts

20 for any fiscal year, the Administrator shall utilize—

21 (1) $185,000,000 for each fiscal year to carry

22 out subsection (a);

23 (2) $10,000,000 for each fiscal year to carry

24 out subsection (b); and
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1 (3) $5,000,000 for each of the fiscal years 1999

2 through 2008 to carry out subsection (c).

3 (e) SUNSET.—This section shall not apply after the

4 expiration of the 25-year period beginning on the date of

5 enactment of this Act.

6 SEC. 2. PREEMPTION.

7 The provisions of this Act shall not preempt any pro8 vision of State or local law that provides greater restric9 tions than those required in this Act.

10 SEC. 3. COVERAGE OF FEDERAL BUILDINGS.

11 (a) IN GENERAL.—The provisions of Executive Order

12 13058 (62 FR 43451; August 13, 1997) shall apply to

13 all facilities owned, rented, or leased by the executive, judi14 cial, or legislative branches of the Federal Government (in15 cluding independent agencies) and in any outdoor areas

16 under executive, judicial or legislative branch control.

17 (b) ENFORCEMENT.—The enforcement of the provi18 sions described in subsection (a) shall be carried out by—

19 (1) in the case of facilities or areas to which

20 subsection (a) applies that are under executive

21 branch control, the head of the Federal agency in22 volved;

23 (2) in the case of facilities or areas to which

24 subsection (a) applies that are under judicial branch
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1 control, the Director of the Administrative Office of

2 the United States Courts; and

3 (3) in the case of facilities or areas to which

4 subsection (a) applies that are under legislative

5 branch control, the Congressional Office of Compli6 ance.

7 SEC. 4. PROHIBITIONS AGAINST SMOKING ON SCHEDULED

8 FLIGHTS.

9 (a) IN GENERAL.—Section 41706 of title 49, United

10 States Code, is amended to read as follows:

11 ‘‘§ 41706. Prohibitions against smoking on scheduled

12 flights

13 ‘‘(a) SMOKING PROHIBITION IN INTRASTATE AND

14 INTERSTATE AIR TRANSPORTATION.—An individual may

15 not smoke in an aircraft on a scheduled airline flight seg16 ment in interstate air transportation or intrastate air

17 transportation.

18 ‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR

19 TRANSPORTATION.—The Secretary of Transportation

20 shall require all air carriers and foreign air carriers to pro21 hibit, on and after the 120th day following the date of

22 the enactment of this section, smoking in any aircraft on

23 a scheduled airline flight segment within the United States

24 or between a place in the United States and a place out25 side the United States.
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1 ‘‘(c) LIMITATION ON APPLICABILITY.—With respect

2 to an aircraft operated by a foreign air carrier, the smok3 ing prohibitions contained in subsections (a) and (b) shall

4 apply only to the passenger cabin and lavatory of the air5 craft.

6 ‘‘(d) REGULATIONS.—The Secretary shall prescribe

7 regulations necessary to carry out this section.’’.

8 (b) EFFECTIVE DATE.—The amendment made by

9 subsection (a) shall take effect on the 60th day following

10 the date of the enactment of this Act.

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