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. MARGOLIES-
MEZVINSKY, Mr. MARKEY, Mr. MAZZOLI, Mr. MCDERMOTT, Ms. MCKIN-
NEY, 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 re-
ferred 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. SLAUGH-
TER
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 1993’’.
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:
‘‘(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.
‘‘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-
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 commenc-
ing an action under this section. No action may be com-
menced 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 plaintiff, 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.
‘‘SEC. 2703. PREEMPTION.
‘‘Nothing in this title shall preempt or otherwise af-
fect any other Federal, State or local law which provides
protection from health hazards from environmental to-
bacco smoke.
‘‘SEC. 2704. REGULATIONS.
‘‘The Administrator is authorized to promulgate such
regulations as the Administrator deems necessary to carry
out this title.
‘‘SEC. 2705. EFFECTIVE DATE.
‘‘The requirements of this title shall take effect on
the date one year after the date of the enactment of the
Smoke-Free Environment Act of 1993.
‘‘SEC. 2706. DEFINITIONS.
‘‘As used in this title—
‘‘(1) the term ‘Administrator’ means the Ad-
ministrator of the Environmental Protection Agency;
‘‘(2) the term ‘public facility’ means any build-
ing regularly entered by 10 or more individuals at
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.’’.
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