[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2066 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2066

           To reduce exposure to environmental tobacco smoke.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 1998

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

_______________________________________________________________________

                                 A BILL


 
           To reduce exposure to environmental tobacco smoke.

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

SECTION 1. EDUCATION AND OUTREACH.

    (a) State Program.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency (referred to in this Act as the 
        ``Administrator'') shall provide funds to each State for the 
        purpose of enabling such States to conduct education and 
        outreach activities relating to the health-related effects on 
        children of exposure to environmental tobacco smoke.
            (2) Amount.--From amounts made available under subsection 
        (d)(1) for each fiscal year, the Administrator shall provide to 
        a State an amount that bears the same ratio to such available 
        amounts as the population of the State bears to the total 
        population of all States.
            (3) Use of funds.--A State shall use amounts received under 
        this subsection to carry out activities consistent with the 
        purpose of paragraph (1).
            (4) Minimum amount.--In providing funds to each State under 
        this subsection, the Administrator shall ensure that no State 
        receives less than \1/2\ of 1 percent of the amount available 
        under subsection (e)(1) for a fiscal year for grants under this 
        subsection.
            (5) Maximum amount.--In providing funds to each State under 
        this subsection, the Administrator shall ensure that no State 
        receives more than 2\1/2\ percent of the amount available under 
        subsection (e)(1) for a fiscal year for grants under this 
        subsection.
    (b) National Education and Outreach Campaign.--The Administrator 
shall use amounts made available under subsection (d)(2) in each fiscal 
year to establish a national education and outreach campaign relating 
to the effect on individuals of exposure to tobacco smoke and ways to 
minimize such exposure. In establishing such campaign, the 
Administrator shall--
            (1) focus on children's exposure to environmental tobacco 
        smoke in the home; and
            (2) coordinate activities with the Secretary of Health and 
        Human Services and other Federal agencies as determined 
        appropriate by the Administrator.
    (c) Peer Review.--The Administrator shall use amounts made 
available under subsection (d)(3) in each fiscal year to carry out 
research, and provide for peer review studies of research, related to 
the exposure of individuals to environmental tobacco smoke.
    (d) Funding.--The Administrator shall use amounts available for 
each fiscal year from any Trust Fund established as part of a national 
settlement on tobacco litigation to carry out this section. With 
respect to such amounts for any fiscal year, the Administrator shall 
utilize--
            (1) $185,000,000 for each fiscal year to carry out 
        subsection (a);
            (2) $10,000,000 for each fiscal year to carry out 
        subsection (b); and
            (3) $5,000,000 for each of the fiscal years 1999 through 
        2008 to carry out subsection (c).
    (e) Sunset.--This section shall not apply after the expiration of 
the 25-year period beginning on the date of enactment of this Act.

SEC. 2. PREEMPTION.

    The provisions of this Act shall not preempt any provision of State 
or local law that provides greater restrictions than those required in 
this Act.

SEC. 3. COVERAGE OF FEDERAL BUILDINGS.

    (a) In General.--The provisions of Executive Order 13058 (62 FR 
43451; August 13, 1997) shall apply to all facilities owned, rented, or 
leased by the executive, judicial, or legislative branches of the 
Federal Government (including independent agencies) and in any outdoor 
areas under executive, judicial or legislative branch control.
    (b) Enforcement.--The enforcement of the provisions described in 
subsection (a) shall be carried out by--
            (1) in the case of facilities or areas to which subsection 
        (a) applies that are under executive branch control, the head 
        of the Federal agency involved;
            (2) in the case of facilities or areas to which subsection 
        (a) applies that are under judicial branch control, the 
        Director of the Administrative Office of the United States 
        Courts; and
            (3) in the case of facilities or areas to which subsection 
        (a) applies that are under legislative branch control, the 
        Congressional Office of Compliance.

SEC. 4. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.

    (a) In General.--Section 41706 of title 49, United States Code, is 
amended to read as follows:
``Sec. 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 segment 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 prohibit, on and after the 120th day following the date 
of the enactment of this section, 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 smoking prohibitions contained 
in subsections (a) and (b) shall apply only to the passenger cabin and 
lavatory of the aircraft.
    ``(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.
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