[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1680 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1680

 To amend the Toxic Substances Control Act to protect the public from 
 health hazards caused by exposure to environmental tobacco smoke, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 18 (legislative day, November 2), 1993

Mr. Lautenberg introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Toxic Substances Control 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. UNIFORM INDOOR AIR POLICY.

    (a) In General.--The Toxic Substances Control Act (15 U.S.C. 2601 
et seq.) is amended by adding at the end the following new title:

  ``TITLE V--UNIFORM INDOOR AIR POLICY WITH RESPECT TO ENVIRONMENTAL 
                             TOBACCO SMOKE

``SEC. 501. PURPOSE.

    ``The purpose of this title is to establish a uniform indoor air 
standard for public facilities with respect to environmental tobacco 
smoke.

``SEC. 502. DEFINITIONS.

    ``As used in this title:
            ``(1) Environmental tobacco smoke.--The term `environmental 
        tobacco smoke' means smoke emitted from a cigarette, cigar, or 
        pipe, or any other combustion of tobacco.
            ``(2) Public facility.--The term `public facility'--
                    ``(A) means a building regularly entered by 10 or 
                more individuals at least 1 day per week, including a 
                building owned by or leased to a Federal, State, or 
                local government entity; and
                    ``(B) does not include a building or portion of a 
                building regularly used for residential purposes.
            ``(3) Responsible entity.--The term `responsible entity' 
        means, with respect to a public facility, the owner of the 
        facility, except that in the case of a facility or portion of a 
        facility that is leased, the term means the lessee of the 
        facility.

``SEC. 503. UNIFORM INDOOR AIR POLICY.

    ``(a) Requirement of Policy.--
            ``(1) In general.--Except as provided in subsection (b), 
        the responsible entity for each public facility shall adopt and 
        carry out at the facility a uniform indoor air policy that 
        meets the requirements of paragraph (2).
            ``(2) Elements of policy.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each uniform indoor air policy for a 
                public facility shall--
                            ``(i) prohibit the emission of 
                        environmental tobacco smoke within the facility 
                        and on facility property within the immediate 
                        vicinity of the entrance to the facility; and
                            ``(ii) post a clear and prominent notice of 
                        the prohibition specified in clause (i) in 
                        appropriate and visible locations at the public 
                        facility.
                    ``(B) Exception for specially designated smoking 
                areas.--
                            ``(i) In general.--A uniform indoor air 
                        policy may provide an exception to the 
                        prohibition specified in subparagraph (A)(i) 
                        for 1 or more specially designated smoking 
                        areas within a public facility if each area 
                        meets the requirements of clause (ii).
                            ``(ii) Requirements.--An area meets the 
                        requirements for a specially designated smoking 
                        area referred to in clause (i) if--
                                    ``(I) the area is ventilated in 
                                accordance with specifications issued 
                                by the Administrator that ensure that 
                                air from the area is directly exhausted 
                                to the outside and does not recirculate 
                                or drift to other areas within the 
                                public facility; and
                                    ``(II) nonsmoking individuals do 
                                not have to enter the area for any 
                                purpose.
    ``(b) Waivers.--
            ``(1) In general.--A responsible entity for a public 
        facility may petition the Administrator for a waiver from 
        compliance with subsection (a). If the Administrator determines 
        that the public facility is subject to unusual and extenuating 
        circumstances that prevent the compliance, the Administrator 
        may grant the waiver and instead require that the facility 
        protect nonsmokers to the maximum extent practicable.
            ``(2) Term of waiver.--Each waiver granted under this 
        subsection shall be for a period of not to exceed 1 year.
            ``(3) Publication.--Each petition for a waiver and a 
        summary of subsequent actions taken by the Administrator shall 
        be published in the Federal Register.
            ``(4) Report to congress.--The Administrator shall annually 
        report to Congress on all waivers granted during the preceding 
        year.

``SEC. 504. ENFORCEMENT.

    ``(a) Penalties.--
            ``(1) In general.--A person subject to section 503 who 
        fails to comply with such section shall be liable to the United 
        States for a civil penalty in an amount not to exceed $5,000 
        for each day during which the violation continues.
            ``(2) Use of penalties.--A court may order that a civil 
        penalty imposed under this section be used for projects that 
        further the purpose of this title. The court shall obtain the 
        view of the Administrator in determining whether to issue an 
        order described in the preceding sentence and in selecting the 
        projects.
    ``(b) Bringing of Actions.--
            ``(1) In general.--Subject to paragraph (2), an action to 
        enforce section 503 may be brought by a person aggrieved by a 
        violation of such section, a State or local government agency, 
        or the Administrator.
            ``(2) Notice.--An aggrieved person referred to in paragraph 
        (1) shall give an alleged violator notice of the alleged 
        violation not less than 60 days before bringing an action under 
        this section. An aggrieved person may not bring an action under 
        this section if the alleged violator complies with section 503 
        within the 60-day period and thereafter.
    ``(c) Venue.--An action to enjoin a violation of section 503 or to 
impose a civil penalty for a violation of such section may be brought 
in a district court of the United States for the district in which the 
defendant resides or is doing business. The district court shall have 
jurisdiction, without regard to the amount in controversy or the 
citizenship of the parties, to enforce section 503 and to impose civil 
penalties under this section.
    ``(d) Costs.--In issuing a final order in an action brought under 
this section, a court may award costs of litigation (including 
reasonable attorney and expert witness fees) to a prevailing plaintiff, 
if the court determines that the award is appropriate.

``SEC. 505. PREEMPTION.

    ``Nothing in this title shall preempt or otherwise affect any other 
Federal, State, or local law that provides protection from health 
hazards from environmental tobacco smoke.

``SEC. 506. REGULATIONS.

    ``The Administrator may issue such regulations as the Administrator 
considers necessary to carry out this title.''.
    (b) Effective Date.--This section and the amendment made by this 
section shall become effective on the date that is 1 year after the 
date of enactment of this Act.

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