I
107TH CONGRESS
1ST SESSION
H. R. 1044
To prevent children from using tobacco products, to reduce the health costs
attributable to tobacco products, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 15, 2001
Mr. WAXMAN (for himself, Mr. HANSEN, Mr. MEEHAN, Mrs. MORELLA, Mr.
DOGGETT, Mr. BONIOR, Ms. DEGETTE, Mrs. CAPPS, Ms. DELAURO, Mr.
LANTOS, Mr. MARKEY, Mr. STARK, Mr. ALLEN, Mr. MCDERMOTT, Ms.
SCHAKOWSKY, Mr. OLVER, Mr. HINCHEY, Ms. NORTON, Mrs.
TAUSCHER, Mr. OBERSTAR, Mr. GEORGE MILLER of California, Ms. RIV-
ERS, Mr. BALDACCI, Mr. PAYNE, Mr. BORSKI, Ms. ROYBAL-ALLARD, Mr.
LAFALCE, Mr. KILDEE, Mr. DEFAZIO, Ms. SLAUGHTER, Ms. PELOSI,
Mr. COYNE, Mr. BLUMENAUER, Mrs. MALONEY of New York, Mr.
WEXLER, Mr. MCGOVERN, Ms. CARSON of Indiana, and Ms. SOLIS,) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce
A BILL
To prevent children from using tobacco products, to reduce
the health costs attributable to tobacco products, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Child Tobacco Use Prevention Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—FDA JURISDICTION OVER TOBACCO PRODUCTS
Sec. 101. Reference.
Sec. 102. Definitions.
Sec. 103. Amendments to chapter V.
Sec. 104. Validation of the FDA rule.
Sec. 105. Special provisions for tobacco products.
Sec. 106. General provisions.
Sec. 107. Repeal.
TITLE II—PERFORMANCE OBJECTIVES TO REDUCE CHILD
TOBACCO USE
Sec. 201. Annual performance surveys.
Sec. 202. Performance objectives.
Sec. 203. Additional measures to reduce child tobacco use.
Sec. 204. Proceeds of price increases.
Sec. 205. Judicial review.
Sec. 206. General provisions.
Sec. 207. Use of tobacco products among minority populations.
Sec. 208. Definitions.
TITLE III—SMOKE-FREE ENVIRONMENTS
Sec. 301. Smoke-free environment policy.
Sec. 302. Citizen actions.
Sec. 303. Regulations.
Sec. 304. Definitions.
Sec. 305. Preemption.
Sec. 306. Effective date.
TITLE IV—TOBACCO PREVENTION INITIATIVES
Sec. 401. National public awareness campaign.
Sec. 402. Federal implementation.
Sec. 405. Minority populations.
Sec. 406. Inflation adjustment.
TITLE I—FDA JURISDICTION
OVER TOBACCO PRODUCTS
SEC. 101. REFERENCE.
Whenever in this title an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a sec-
tion or other provision, the reference shall be considered
include restrictions on advertising and promotion of to-
bacco products.’’.
(c) 
PREEMPTION.—Section 
521(a) 
(21 
U.S.C.
360k(a)) is amended—
(1) by striking ‘‘Except as provided in sub-
section (b)’’ and inserting ‘‘Except in the case of to-
bacco products and as provided in subsection (b)’’;
and
(2) by adding at the end the following:
‘‘TOBACCO PRODUCTS
‘‘(c) If the package or advertisement of a tobacco
product is required to bear a warning under this Act, no
statement relating to the use of the tobacco product and
health, other than a statement required under this Act,
may be required by any State or local statute or regulation
to be included on any package or in any advertisement
of such tobacco product.’’.
SEC. 104. VALIDATION OF THE FDA RULE.
(a) IN GENERAL.—All provisions of the regulations
related to tobacco products promulgated by the Secretary
of Health and Human Services on August 28, 1996 (61
Fed. Reg. 44396) shall be considered to be lawful, and
to have been lawfully promulgated, under the Federal
Food, Drug, and Cosmetic Act.
(b) EFFECTIVE DATE.—All provisions of such regula-
tions shall take effect upon the expiration of 1 year after
the date of the enactment of this Act.
SEC. 105. SPECIAL PROVISIONS FOR TOBACCO PRODUCTS.
Chapter V is amended by adding at the end the fol-
lowing:
‘‘Subchapter F—Special Provisions for
Tobacco Products
‘‘SEC. 565. SPECIAL STANDARD FOR TOBACCO PRODUCTS.
‘‘In the case of tobacco products, an action that pro-
vides appropriate protection of public health shall be
deemed to provide a reasonable assurance of safety and
effectiveness.
‘‘SEC. 566. IMPLEMENTATION OF THE PROPOSED RESOLU-
TION.
‘‘(a) ADDITIONAL RESTRICTIONS
ON MARKETING,
ADVERTISING, AND ACCESS.—Not later than 18 months
after the date of the enactment of this subchapter, the
Secretary shall revise the regulations related to tobacco
products promulgated by the Secretary on August 28,
1996 (61 Fed. Reg. 44396) to include the additional re-
strictions on marketing, advertising, and access described
in Title IA and Title IC of the Proposed Resolution en-
tered into by the tobacco manufacturers and the State at-
torneys general on June 20, 1997, except that the Sec-
retary shall not include an additional restriction on mar-
keting or advertising in such regulations if its inclusion
would violate the First Amendment to the Constitution.
‘‘(b) WARNINGS.—
‘‘(1) CIGARETTES AND SMOKELESS TOBACCO.—
Not later than 18 months after the date of the en-
actment of this subchapter, the Secretary shall pro-
mulgate regulations to require warnings on cigarette
and smokeless tobacco labeling and advertisements.
The content, format, and rotation of warnings shall
conform to the specifications described in Title IB of
the Proposed Resolution entered into by the tobacco
manufacturers and the State attorneys general on
June 20, 1997.
‘‘(2) PROHIBITION.—It shall be unlawful to ad-
vertise tobacco products on any medium of electronic
communication subject to the jurisdiction of the
Federal Communications Commission.
‘‘(c) INGREDIENTS.—
‘‘(1) IN GENERAL.—Not later than 18 months
after the date of enactment of this subchapter, the
Secretary shall promulgate regulations relating to
ingredients in tobacco products. Except as provided
in paragraph (2), such regulations shall conform to
the specifications described in Title IF of the Pro-
posed Resolution entered into by the tobacco manu-
facturers and the State attorneys general on June
20, 1997.
‘‘(2) FAILURE TO ACT.—If the Secretary fails
to approve or disapprove an ingredient’s safety with-
in the review period prescribed under the regulations
under paragraph (1), such failure shall not be con-
sidered an approval of such ingredient.
‘‘(d) REDUCED-RISK PRODUCTS.—No manufacturer
of a tobacco product may state or imply in the labeling
or advertisements of the tobacco product that the tobacco
product presents a reduced risk to health unless the Sec-
retary has determined that the tobacco product does
present a significantly reduced risk to health.
‘‘(e) OTHER AUTHORITY.—This section does not
limit the authority the Secretary has under other provi-
sions of this Act with respect to tobacco products.
‘‘SEC. 567. STATE TOBACCO CONTROL PROGRAMS.
‘‘(a) IN GENERAL.—Effective 2 years after the date
of the enactment of this subchapter, a State may not re-
ceive funds under this Act for tobacco control activities
unless the State has put into law a State tobacco control
program that conforms to the model State program estab-
lished by the Secretary under subsection (b).
‘‘(b) MODEL STATE PROGRAM.—
‘‘(1) GENERAL RULE.—Within one year of the
date of the enactment of this subchapter, the Sec-
retary shall establish a model State tobacco control
program.
‘‘(2) PROGRAM CONTENT.—The model State to-
bacco control program established under paragraph
(1) shall—
‘‘(A) require persons who sell tobacco
products to individuals for personal consump-
tion to obtain a license from the State;
‘‘(B) require licensed retailers to comply
with the requirements under this Act that are
applicable to tobacco product retailers;
‘‘(C) prohibit any individual from pur-
chasing tobacco products for resale or distribu-
tion to individuals under the age of 18;
‘‘(D) include minimum requirements for
the conduct and frequency of compliance in-
spections of licensed retailers;
‘‘(E) include State performance objectives,
including objectives for reducing the level of vio-
lations observed during compliance inspections;
‘‘(F) include provisions for appropriate
penalties for violations of the program require-
ments, including provisions for license suspen-
sion and revocation; and
‘‘(G) include such other provisions as the
Secretary determines are appropriate to protect
public health.
‘‘(c) FAILURE TO IMPLEMENT.—If a State fails to
effectively implement a State tobacco control program
which conforms to the Model State program established
under subsection (b) or if a State fails to achieve the per-
formance objectives applicable to the State under the
Model State program, the Secretary shall withhold up to
20 percent of the funds made available under this Act to
the State for tobacco control activities.
‘‘(d) FEDERAL LICENSING PROGRAM.—Within one
year of the date of the enactment of this subchapter, the
Secretary shall establish Federal licensing requirements
for—
‘‘(1) tobacco product retailers operating on
Federal property;
‘‘(2) tobacco product retailers operating in a
State which does not put into law or effectively im-
plement a State tobacco control program which con-
forms to the Model State Program; and
‘‘(3) such other tobacco product retailers as the
Secretary may specify.
The Federal tobacco control requirements shall conform
to the licensing requirements of the Model State Program.
‘‘(e) FEDERAL AUTHORITY.—The Secretary may
order a retailer licensed by a State to suspend or cease
selling tobacco products if the tobacco product retailer is
in violation of a requirement under this Act related to to-
bacco products.
‘‘(f) INDIAN TRIBES.—In the case of tobacco product
retailers operating on Indian reservations, the governing
Indian tribe or tribal organization shall be treated as a
State.’’.
SEC. 106. GENERAL PROVISIONS.
(a) ENFORCEMENT.—Section 301 (21 U.S.C. 331) is
amended by adding at the end the following:
‘‘(bb) The violation of any requirement under this Act
relating to tobacco products.’’.
(b) ACCESS
TO INFORMATION.—Section 701 (21
U.S.C 371) is amended by adding at the end the following:
‘‘(h) To acquire information related to tobacco prod-
ucts, the Secretary may administer oaths and require the
testimony of witnesses and the production of documents
and other materials. The Secretary may disclose to the
public information acquired under this subsection if the
Secretary determines that disclosure is appropriate to pro-
tect public health.’’.
SEC. 107. REPEAL.
The Federal Cigarette Labeling and Advertising Act
(15 U.S.C. 1331 et seq.) and the Comprehensive Smoke-
less Tobacco Health Education Act of 1986 (15 U.S.C.
4401 et seq.) are repealed on the date the regulations de-
scribed in section 566(b) of the Federal Food, Drug, and
Cosmetic Act take effect.
TITLE 
II—PERFORMANCE 
OB-
JECTIVES TO REDUCE CHILD
TOBACCO USE
SEC. 201. ANNUAL PERFORMANCE SURVEYS.
Within 1 year after the date of the enactment of this
Act and annually thereafter the Secretary shall conduct
a survey to determine for each manufacturer the percent-
age of children who use a tobacco product of the manufac-
turer.
SEC. 202. PERFORMANCE OBJECTIVES.
(a) PERFORMANCE OBJECTIVES FOR EXISTING MAN-
UFACTURERS.—Each existing manufacturer shall have as
a performance objective the reduction of its child tobacco
use level below its baseline level by at least the following
percentage of its baseline level:
(1) In the third and fourth annual performance
surveys, 33 percent.
(2) In the fifth and sixth annual performance
surveys, 50 percent.
(3) In the seventh, eighth, and ninth annual
performance surveys, 67 percent.
(4) In the tenth and each succeeding annual
performance survey, 80 percent.
However, in no case is the performance objective for a
manufacturer to reduce its child tobacco use level below
the de minimis level.
(b) PERFORMANCE OBJECTIVES FOR NEW MANU-
FACTURERS.—Beginning with the third annual perform-
ance survey, a new manufacturer shall have as its per-
formance objective maintaining its child tobacco use level
at no more than the de minimis level.
(c) LEVELS.—For purposes of this title:
(1) BASELINE
LEVEL.—The baseline level of
each manufacturer is the manufacturer’s child to-
bacco use level determined in the first annual per-
formance survey.
(2) DE MINIMIS LEVEL.—The de minimis level
is 0.5 percent of children.
SEC. 203. ADDITIONAL MEASURES TO REDUCE CHILD TO-
BACCO USE.
(a) SECRETARIAL DETERMINATION.—Before the end
of the third year after the date of the enactment of this
Act and annually thereafter, the Secretary shall, based on
the annual performance survey conducted for such year,
determine if each manufacturer has achieved the applica-
ble performance objective under section 202. The Sec-
retary shall publish in the Federal Register such deter-
mination and any additional measures required under this
section.
(b) FAILURE TO ACHIEVE.—If the Secretary deter-
mines under subsection (a) that a manufacturer has failed
to achieve the applicable performance objective for an an-
nual performance survey, the additional measures speci-
fied in this section shall be required to further reduce the
manufacturer’s child tobacco use level.
(c) FIRST FAILURE.—If the Secretary determines
under subsection (a) that a manufacturer has failed to
achieve the applicable performance objective for an annual
performance survey and the manufacturer did not so fail
with respect to the prior survey, the manufacturer shall
for each unit of its tobacco products increase the price
it charges by—
(1) $0.01 for each of the first 10 percentage
points by which the manufacturer fails to achieve its
performance objective; plus
(2) $0.02 for each of the second 10 percentage
points, if any, by which the manufacturer fails to
achieve its performance objective; plus
(3) $0.03 for each additional percentage point
over 21, if any, by which the manufacturer fails to
achieve its performance objective.
(d) SECOND FAILURE.—If the Secretary determines
under subsection (a) that a manufacturer has failed to
achieve the applicable performance objective for an annual
performance survey and such failure is the manufacturer’s
second consecutive failure, the manufacturer shall for each
unit of its tobacco products increase the price it charges
by twice the level required under subsection (c).
(e) THIRD FAILURE.—If the Secretary determines
under subsection (a) that a manufacturer has failed to
achieve the applicable performance objective for an annual
performance survey and such failure is the manufacturer’s
third consecutive failure, the following additional measures
shall apply:
(1) The manufacturer shall for each unit of its
tobacco products increase the price it charges by the
level prescribed by subsection (d).
(2) No retailer may sell the tobacco products of
the manufacturer in quantities smaller than a car-
ton.
(f) FOURTH
AND SUCCESSIVE FAILURES.—If the
Secretary determines under subsection (a) that a manu-
facturer has failed to achieve the applicable performance
objective for an annual performance survey and such fail-
ure is the manufacturer’s fourth or more consecutive fail-
ure, the following additional measures shall apply:
(1) The manufacturer shall for each unit of its
tobacco products increase the price it charges by the
level prescribed by subsection (d).
(2) No retailer may sell the tobacco products of
the manufacturer in quantities smaller than a car-
ton.
(3) The manufacturer may package its tobacco
products only in packages that bear only black text
on a white background except for warning labels
that are required to appear in a different format.
(g) EFFECTIVE DATES.—
(1) PRICE INCREASES.—If the Secretary deter-
mines under subsection (a) that a manufacturer has
failed to achieve the applicable performance objective
for an annual performance survey, the price increase
that is required under this section as a result of
such determination shall apply to each unit of its to-
bacco products manufactured or imported in the
United States during the 12-month period beginning
30 days after the determination, except that such
price increase shall not apply to tobacco products
that are manufactured or imported by the manufac-
turer for export.
(2) NON-MONETARY
MEASURES.—The Sec-
retary shall by regulation prescribe an effective date
that is as expeditious as practicable for the non-
monetary additional measures described in sub-
sections (e) and (f). Such measures shall remain in
effect until the Secretary determines under sub-
section (a) that the manufacturer has achieved the
applicable performance objective for an annual per-
formance survey.
(h) ADJUSTMENTS.—
(1) GENERAL RULE.—The amount of any price
increase that is required under this section shall be
increased by the percentage increase in the Con-
sumer Price Index for all urban consumers (all
items, U.S. city average) from 2001 to the year be-
fore the year in which the price increase takes effect.
(2) LIMITATION.—The maximum price increase
that shall be required under this section for a unit
of a tobacco product is $2 plus an adjustment for
inflation under paragraph (1).
(i) CALCULATION
OF PERCENTAGE POINTS.—For
purposes of determining the level of price increase under
this section, the number of percentage points by which a
manufacturer fails to achieve a performance objective shall
be calculated as follows:
(1) MANUFACTURER WITH CHILD TOBACCO USE
LEVEL AT OR BELOW ITS BASELINE LEVEL.—If the
manufacturer is an existing manufacturer which has
a baseline level above the de minimis level and a
child tobacco use level equal to or below its baseline
level, the number of percentage points shall equal
the difference between the percentage reduction in
its child tobacco use level required to meet the appli-
cable performance objective and the percentage re-
duction in its child tobacco use level achieved by the
manufacturer.
(2) MANUFACTURER WITH CHILD TOBACCO USE
LEVEL ABOVE ITS BASELINE LEVEL.—If the manu-
facturer is an existing manufacturer which has a
baseline level above the de minimis level and a child
tobacco use level above its baseline level, the number
of percentage points shall equal the sum of the per-
centage reduction in its child tobacco use level re-
quired to meet the applicable performance objective
and the percentage by which its child tobacco use
level exceeds its baseline level.
(3) EXISTING MANUFACTURER WITH A BASE-
LINE
LEVEL
BELOW
THE
DE
MINIMIS
LEVEL
OR
NEW MANUFACTURER.—If the manufacturer is an
existing manufacturer which has a baseline level
below the de minimis level or if the manufacturer is
a new manufacturer, the number of percentage
points shall equal the percentage by which its child
tobacco use level exceeds the de minimis level.
SEC. 204. PROCEEDS OF PRICE INCREASES.
(a) PAYMENT.—A manufacturer that is required to
increase prices under section 203 shall pay into an account
in the United States Treasury an amount equal to the
amount of the increase multiplied by the number of units
of the product to which the increase is required to be ap-
plied under such section. Such amount shall be paid by
a manufacturer on a quarterly basis within 30 days after
the end of each quarter in which the price increase is in
effect.
(b) USE OF FUNDS.—Funds in the account referred
to in subsection (a) shall be available to the Secretary,
without fiscal year limitation, to enforce this title and
other laws relating to tobacco use by children and for pub-
lic awareness campaigns and other initiatives designed to
discourage children from using tobacco products and prod-
ucts described in section 206(b)(2).
SEC. 205. JUDICIAL REVIEW.
(a) IN GENERAL.—An action of the Secretary under
this title is not subject to judicial review until the Sec-
retary has made or failed to make a compliance determina-
tion under section 203(a) that has adversely affected the
person seeking the review. An action for review may only
be brought in the United States District Court for the Dis-
trict of Columbia. In an action seeking review of such de-
termination the person seeking review—
(1) shall have the burden of demonstrating the
actual reduction of the manufacturer’s child tobacco
use level; and
(2) may prevail only to the extent that the per-
son demonstrates that such reduction is different
than the reduction the Secretary used in making
such determination.
(b) NO STAY.—Section 705 of title 5, United States
Code, shall not apply with respect to any action under sub-
section (a).
(c) INTEREST.—If the judgment of a court in an ac-
tion under subsection (a) results in the reduction of a pay-
ment paid by a manufacturer under section 204, the man-
ufacturer shall be paid from the account referred to in
such section an amount equal to the amount of such re-
duction and interest on such amount. If the judgment of
a court in an action under subsection (a) results in the
increase in the amount to be paid by a manufacturer
under section 204, the manufacturer shall pay to such ac-
count an amount equal to the amount of such increase
and interest on such amount.
SEC. 206. GENERAL PROVISIONS.
(a) ENFORCEMENT.—Section 301 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amend-
ed by adding at the end the following:
‘‘(cc) The failure to comply with a requirement under
section 203, 204, 205, or 206 of the Child Tobacco Use
Prevention Act of 2001.’’
(b) REGULATIONS.—
(1) GENERAL RULE.—The Secretary may pro-
mulgate regulations for the implementation of this
title.
(2) ADDITIONAL
AUTHORITY.—For products
(other than cigarettes and smokeless tobacco) made
or derived from tobacco that are intended for human
consumption the Secretary may by regulation estab-
lish performance objectives under section 202 relat-
ing to the use of such products by children and may
require additional measures under section 203 for
failure to achieve the objectives.
(c) ADMINISTRATION OF SURVEYS.—
(1) STATISTICAL ACCURACY OF SURVEYS.—The
annual performance surveys conducted by the Sec-
retary under section 201(a) shall be designed so that
if a manufacturer had a child tobacco use level that
is equal to 50 percent, the 95 percent confidence in-
terval would be no greater than plus or minus 1 per-
centage point.
(2) SURVEY
CONDITIONS.—The annual per-
formance surveys shall—
(A) be household-based surveys; and
(B) not be subject to State or local regula-
tion or chapter 35 of title 44, United States
Code.
(3) CONFIDENTIALITY.—The Secretary shall
not disclose information that may identify a child
surveyed in an annual performance survey unless the
child (or the child’s parent or guardian) has con-
sented to such disclosure.
(4) TECHNICAL ADJUSTMENTS.—The Secretary
may make technical adjustments in the manner in
which annual performance surveys are conducted if
adjustments are made to insure that the results of
the surveys are comparable from year to year.
SEC. 207. USE OF TOBACCO PRODUCTS AMONG MINORITY
POPULATIONS.
As part of each annual survey, the Secretary shall
determine the child tobacco use level for children of dif-
ferent racial and ethnic backgrounds. If the Secretary de-
termines that the child tobacco use level is increasing, or
is not decreasing at a proportionate rate, among children
of a racial or ethnic background, the Secretary shall report
such determination to Congress along with recommenda-
tions for reducing such level for children of such racial
or ethnic background.
SEC. 208. DEFINITIONS.
For purposes of this title:
(1) ANNUAL
PERFORMANCE
SURVEY.—The
term ‘‘annual performance survey’’ means a survey
conducted by the Secretary annually under section
201.
(2) CHILDREN.—The term ‘‘children’’ means
individuals under the age of 18 and above the age
of 11 who are residents of the United States.
(3) CHILD
TOBACCO
USE
LEVEL.—The term
‘‘child tobacco use level’’ means, with respect to a
manufacturer and an annual performance survey,
the percentage of children who use the manufactur-
er’s tobacco products as determined in an annual
performance survey or under section 205(a)
(4) EXISTING MANUFACTURER.—The term ‘‘ex-
isting manufacturer’’ means a manufacturer which
manufactured or imported a tobacco product on or
before the date of the enactment of this Act.
(5) MANUFACTURER.—The term ‘‘manufac-
turer’’ means any person who manufactures or im-
ports a tobacco product.
(6) NEW
MANUFACTURER.—The term ‘‘new
manufacturer’’ means any manufacturer other than
an existing manufacturer.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Health and Human Services.
(8) TOBACCO
PRODUCT.—The term ‘‘tobacco
product’’ means a cigarette or smokeless tobacco.
(9) UNIT.—The term ‘‘unit’’ means 20 ciga-
rettes in the case of cigarettes and a comparable
amount as determined by the Secretary in the case
of smokeless tobacco.
(10) USE.—A child shall be considered to use
a manufacturer’s tobacco product if the manufactur-
er’s tobacco product is the usual brand of tobacco
product used by the child in the last 30 days.
TITLE III—SMOKE-FREE
ENVIRONMENTS
SEC. 301. SMOKE-FREE ENVIRONMENT POLICY.
(a) POLICY REQUIRED.—In order to protect children
and adults from cancer, respiratory disease, heart disease,
and other adverse health effects from breathing environ-
mental tobacco smoke, the responsible entity for each pub-
lic facility shall adopt and implement at such facility a
smoke-free environment policy which meets the require-
ments of subsection (b).
(b) ELEMENTS OF POLICY.—Each smoke-free envi-
ronment policy for a public facility shall—
(1) prohibit the smoking of cigarettes, cigars,
and pipes, and any other combustion of tobacco,
within the facility and on facility property within the
immediate vicinity of the entrance to the facility;
and
(2) post a clear and prominent notice of the
smoking prohibition in appropriate and visible loca-
tions at the public facility.
The policy may provide an exception to the prohibition
specified in paragraph (1) for one or more specially des-
ignated smoking areas within a public facility if such area
or areas meet the requirements of subsection (c).
(c) SPECIALLY DESIGNATED SMOKING AREAS.—A
specially designated smoking area meets the requirements
of this subsection if it satisfies each of the following condi-
tions:
(1) The area is ventilated in accordance with
specifications promulgated by the Administrator that
insure that air from the area is directly exhausted
to the outside and does not recirculate or drift to
other areas within the public facility.
(2) Nonsmoking individuals do not have to
enter the area for any purpose while smoking is oc-
curring.
(3) Children are prohibited from entering the
area.
SEC. 302. CITIZEN ACTIONS.
(a) IN GENERAL.—An action may be brought to en-
force the requirements of this title by any aggrieved per-
son, any State or local government agency, or the Admin-
istrator.
(b) VENUE.—Any action to enforce this title may be
brought in any district court of the United States for the
district in which the defendant resides or is doing business
to enjoin any violation of this title or to impose a civil
penalty for any such violation in the amount of not more
than $5,000 per day of violation. The district courts shall
have jurisdiction, without regard to the amount in con-
troversy or the citizenship of the parties, to enforce this
title and to impose civil penalties under this title.
(c) NOTICE.—An aggrieved person shall give any al-
leged violator notice of at least 60 days prior to com-
mencing an action under this section. No action may be
commenced by an aggrieved person under this section if
such alleged violator complies with the requirements of
this title within such 60-day period and thereafter.
(d) COSTS.—The court, in issuing any final order in
any action brought pursuant to this section, may award
costs of litigation (including reasonable attorney and ex-
pert witness fees) to any prevailing party, whenever the
court determines such award is appropriate.
(e) PENALTIES.—The court in any action under this
section to apply civil penalties shall have discretion to
order that such civil penalties be used for projects which
further the policies of this title. The court shall obtain the
view of the Administrator in exercising such discretion and
selecting any such projects.
(f) DAMAGES.—No damages of any kind, whether
compensatory or punitive, shall be awarded in actions
brought pursuant to this title.
(g) ISOLATED INCIDENTS.—Violations of the prohibi-
tion specified in section 301(b)(1) by an individual within
a facility or on facility property shall not be considered
violations of this title on the part of the responsible entity
if such violations—
(1) are isolated incidents that are not part of
a pattern of violations of such prohibition; and
(2) are not authorized by the responsible entity.
SEC. 303. REGULATIONS.
(a) IN GENERAL.—The Administrator is authorized
to promulgate such regulations as the Administrator
deems necessary to carry out this title.
(b) OTHER FACILITIES.—The Administrator may by
regulation extend the requirement of section 301 to adopt
and implement a smoke-free environment policy to the fa-
cilities described in subparagraphs (B) through (E) of sec-
tion 304(2) if the Administrator determines that such an
action is appropriate to protect the public health.
SEC. 304. DEFINITIONS.
As used in this title:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) PUBLIC FACILITY.—The term ‘‘public facil-
ity’’ means any building in which activities substan-
tially affecting interstate commerce occur, including
any such building owned by or leased to a Federal,