I
105TH CONGRESS
1ST SESSION
H. R. 1771
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
JUNE 3, 1997
Mr. WAXMAN (for himself, Mr. HANSEN, and Mr. MEEHAN) introduced the
following bill; which was referred to the Committee on Commerce, and
in addition to the Committee on Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To amend the Public Health Service Act to protect the
public from health hazards caused by exposure to envi-
ronmental tobacco smoke, 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.
This Act may be cited as the ‘‘Smoke-Free Environ-
ment Act of 1997’’.
SEC. 2. SMOKE-FREE ENVIRONMENT POLICY.
The Public Health Service Act is amended by adding
the following new title at the end thereof:
‘‘TITLE XXVII—SMOKE-FREE ENVIRONMENTS
‘‘SEC. 2701. SMOKE-FREE ENVIRONMENT POLICY.
‘‘(a) POLICY REQUIRED.—In order to protect chil-
dren and adults from cancer, respiratory disease, heart
disease, and other adverse health effects from breathing
environmental tobacco smoke, the responsible entity for
each public facility shall adopt and implement at such fa-
cility a smoke-free environment policy which meets the re-
quirements 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.
‘‘(3) Children under the age of 15 are prohib-
ited from entering the area.
‘‘SEC. 2702. 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 United States district court for the dis-
trict 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-
least one day per week, including any such building
owned by or leased to a Federal, State, or local gov-
ernment entity. Such term shall not include any
building or portion thereof regularly used for resi-
dential purposes; and
‘‘(3) the term ‘responsible entity’ means, with
respect to any public facility, the owner of such facil-
ity, except that in the case of any such facility or
portion thereof which is leased, such term means the
lessee.’’.
SEC. 3. PROHIBITIONS AGAINST SMOKING ON SCHEDULED
FLIGHTS.
(a) IN GENERAL.—Section 41706 of title 49, United
States Code, is amended to read as follows:
‘‘§ 41706. Prohibitions against smoking on scheduled
flights
‘‘(a) SMOKING PROHIBITION IN INTRASTATE AND
INTERSTATE AIR TRANSPORTATION.—An individual may
not smoke in an aircraft on a scheduled airline flight seg-
ment in interstate air transportation or intrastate air
transportation.
‘‘(b) SMOKING
PROHIBITION
IN
FOREIGN
AIR
TRANSPORTATION.—The Secretary of Transportation
shall require all air carriers and foreign air carriers to pro-
hibit, on and after the 120th day following the date of
the enactment of the Smoke-Free Environment Act of
1997, smoking in any aircraft on a scheduled airline flight
segment within the United States or between a place in
the United States and a place outside the United States.
‘‘(c) LIMITATION ON APPLICABILITY.—With respect
to an aircraft operated by a foreign air carrier, the smok-
ing prohibitions contained in subsections (a) and (b) shall
apply only to the passenger cabin and lavatory of the air-
craft.
‘‘(d) REGULATIONS.—The Secretary shall prescribe
regulations necessary to carry out this section.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the 60th day following
the date of the enactment of this Act.
Æ