[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 826 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 826

   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 SENATE OF THE UNITED STATES

                              June 3, 1997

       Mr. Lautenberg (for himself, Mr. Durbin, and Mr. Kerry of 
Massachusetts) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 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 
1997''.

SEC. 2. SMOKE-FREE ENVIRONMENT POLICY.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following:

                ``TITLE XXVIII--SMOKE-FREE ENVIRONMENTS

``SEC. 2801. 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 it satisfies 
each of the following conditions:
            ``(1) The area is ventilated in accordance with 
        specifications promulgated 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.
            ``(2) Nonsmoking individuals do not have to enter the area 
        for any purpose.
            ``(3) Children under the age of 15 are prohibited from 
        entering the area.

``SEC. 2802. 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 party, 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 that further the policies of this title. 
The court shall obtain the view of the Administrator in exercising such 
discretion and selecting any such projects.
    ``(f) Damages.--No damages of any kind, whether compensatory or 
punitive, shall be awarded in actions brought pursuant to this title.
    ``(g) Isolated Incidents.--Violations of the prohibition specified 
in section 2801(b)(1) by an individual within a public facility or on 
facility property shall not be considered violations of this title on 
the part of the responsible entity if such violations--
            ``(1) are isolated incidents that are not part of a pattern 
        of violations of such prohibition; and
            ``(2) are not authorized by the responsible entity.

``SEC. 2803. 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. 2804. REGULATIONS.

    ``The Administrator is authorized to promulgate such regulations as 
the Administrator deems necessary to carry out this title.

``SEC. 2805. EFFECTIVE DATE.

    ``The requirements of this title shall take effect on the date that 
is 1 year after the date of the enactment of the Smoke-Free Environment 
Act of 1997.

``SEC. 2806. DEFINITIONS.

    ``In this title:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Public facility.--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.
            ``(3) Responsible entity.--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.''.

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:
``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 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 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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