[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3434 Introduced in House (IH)]

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. McKinney, 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 referred 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. 
 Velazquez, 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. Slaughter

_______________________________________________________________________

                                 A BILL


 
   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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smoke-Free Environment 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 children 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 facility a smoke-free environment policy which meets the 
requirements of subsection (b).
    ``(b) Elements of Policy.--Each smoke-free environment 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 locations at the public 
        facility.
The policy may provide an exception to the prohibition specified in 
paragraph (1) for one or more specially designated 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 enforce the 
requirements of this title by any aggrieved person, any State or local 
government agency, or the Administrator.
    ``(b) Venue.--Any action to enforce this title may be brought in 
any United States district court 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 controversy 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 alleged violator 
notice of at least 60 days prior to commencing 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 expert 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 affect any other 
Federal, State or local law which provides protection from health 
hazards from environmental tobacco 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 Administrator of 
        the Environmental Protection Agency;
            ``(2) the term `public facility' means any building 
        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 government entity. Such term shall not 
        include any building or portion thereof regularly used for 
        residential purposes; and
            ``(3) the term `responsible entity' means, with respect to 
        any public facility, the owner of such facility, except that in 
        the case of any such facility or portion thereof which is 
        leased, such term means the lessee.''.

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