[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1044 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1044

 To prevent children from using tobacco products, to reduce the health 
    costs attributable to tobacco products, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2001

  Mr. Waxman (for himself, Mr. Hansen, Mr. Meehan, Mrs. Morella, Mr. 
Doggett, Mr. Bonior, Ms. DeGette, Mrs. Capps, Ms. DeLauro, Mr. Lantos, 
 Mr. Markey, Mr. Stark, Mr. Allen, Mr. McDermott, Ms. Schakowsky, Mr. 
Olver, Mr. Hinchey, Ms. Norton, Mrs. Tauscher, Mr. Oberstar, Mr. George 
Miller of California, Ms. Rivers, Mr. Baldacci, Mr. Payne, Mr. Borski, 
Ms. Roybal-Allard, Mr. LaFalce, Mr. Kildee, Mr. DeFazio, Ms. Slaughter, 
 Ms. Pelosi, Mr. Coyne, Mr. Blumenauer, Mrs. Maloney of New York, Mr. 
Wexler, Mr. McGovern, Ms. Carson of Indiana, and Ms. Solis,) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To prevent children from using tobacco products, to reduce the health 
    costs attributable to tobacco products, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Child Tobacco Use 
Prevention Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--FDA JURISDICTION OVER TOBACCO PRODUCTS

Sec. 101. Reference.
Sec. 102. Definitions.
Sec. 103. Amendments to chapter V.
Sec. 104. Validation of the FDA rule.
Sec. 105. Special provisions for tobacco products.
Sec. 106. General provisions.
Sec. 107. Repeal.
      TITLE II--PERFORMANCE OBJECTIVES TO REDUCE CHILD TOBACCO USE

Sec. 201. Annual performance surveys.
Sec. 202. Performance objectives.
Sec. 203. Additional measures to reduce child tobacco use.
Sec. 204. Proceeds of price increases.
Sec. 205. Judicial review.
Sec. 206. General provisions.
Sec. 207. Use of tobacco products among minority populations.
Sec. 208. Definitions.
                   TITLE III--SMOKE-FREE ENVIRONMENTS

Sec. 301. Smoke-free environment policy.
Sec. 302. Citizen actions.
Sec. 303. Regulations.
Sec. 304. Definitions.
Sec. 305. Preemption.
Sec. 306. Effective date.
                TITLE IV--TOBACCO PREVENTION INITIATIVES

Sec. 401. National public awareness campaign.
Sec. 402. Federal implementation.
Sec. 405. Minority populations.
Sec. 406. Inflation adjustment.

            TITLE I--FDA JURISDICTION OVER TOBACCO PRODUCTS

SEC. 101. REFERENCE.

    Whenever in this title an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.).

SEC. 102. DEFINITIONS.

    (a) Drug.--Section 201(g)(1) (21 U.S.C. 321(g)(1)) is amended by 
striking ``; and (D)'' and inserting ``; (D) nicotine in tobacco 
products; and (E)''.
    (b) Devices.--Section 201(h) (21 U.S.C. 321(h)) is amended by 
adding at the end the following: ``Such term includes a tobacco 
product.''.
    (c) Other Definitions.--Section 201 (21 U.S.C. 321) is amended by 
adding at the end the following:
    ``(kk) The term `tobacco product' means any product made or derived 
from tobacco that is intended for human consumption.''.

SEC. 103. AMENDMENTS TO CHAPTER V.

    (a) Misbranding.--Section 502 (21 U.S.C. 360) is amended by adding 
at the end the following:
    ``(u) In the case of a tobacco product, if it does not comply with 
a requirement under subchapter F.''.
    (b) Clarification of Authority.--Section 520(e) (21 U.S.C. 360j(e)) 
is amended by adding at the end the following:
    ``(3) In the case of tobacco products, the restrictions on sale and 
distribution authorized by paragraph (1) shall include restrictions on 
advertising and promotion of tobacco products.''.
    (c) Preemption.--Section 521(a) (21 U.S.C. 360k(a)) is amended--
            (1) by striking ``Except as provided in subsection (b)'' 
        and inserting ``Except in the case of tobacco products and as 
        provided in subsection (b)''; and
            (2) by adding at the end the following:

                           ``tobacco products

    ``(c) If the package or advertisement of a tobacco product is 
required to bear a warning under this Act, no statement relating to the 
use of the tobacco product and health, other than a statement required 
under this Act, may be required by any State or local statute or 
regulation to be included on any package or in any advertisement of 
such tobacco product.''.

SEC. 104. VALIDATION OF THE FDA RULE.

    (a) In General.--All provisions of the regulations related to 
tobacco products promulgated by the Secretary of Health and Human 
Services on August 28, 1996 (61 Fed. Reg. 44396) shall be considered to 
be lawful, and to have been lawfully promulgated, under the Federal 
Food, Drug, and Cosmetic Act.
    (b) Effective Date.--All provisions of such regulations shall take 
effect upon the expiration of 1 year after the date of the enactment of 
this Act.

SEC. 105. SPECIAL PROVISIONS FOR TOBACCO PRODUCTS.

    Chapter V is amended by adding at the end the following:

        ``Subchapter F--Special Provisions for Tobacco Products

``SEC. 565. SPECIAL STANDARD FOR TOBACCO PRODUCTS.

    ``In the case of tobacco products, an action that provides 
appropriate protection of public health shall be deemed to provide a 
reasonable assurance of safety and effectiveness.

``SEC. 566. IMPLEMENTATION OF THE PROPOSED RESOLUTION.

    ``(a) Additional Restrictions on Marketing, Advertising, and 
Access.--Not later than 18 months after the date of the enactment of 
this subchapter, the Secretary shall revise the regulations related to 
tobacco products promulgated by the Secretary on August 28, 1996 (61 
Fed. Reg. 44396) to include the additional restrictions on marketing, 
advertising, and access described in Title IA and Title IC of the 
Proposed Resolution entered into by the tobacco manufacturers and the 
State attorneys general on June 20, 1997, except that the Secretary 
shall not include an additional restriction on marketing or advertising 
in such regulations if its inclusion would violate the First Amendment 
to the Constitution.
    ``(b) Warnings.--
            ``(1) Cigarettes and smokeless tobacco.--Not later than 18 
        months after the date of the enactment of this subchapter, the 
        Secretary shall promulgate regulations to require warnings on 
        cigarette and smokeless tobacco labeling and advertisements. 
        The content, format, and rotation of warnings shall conform to 
        the specifications described in Title IB of the Proposed 
        Resolution entered into by the tobacco manufacturers and the 
        State attorneys general on June 20, 1997.
            ``(2) Prohibition.--It shall be unlawful to advertise 
        tobacco products on any medium of electronic communication 
        subject to the jurisdiction of the Federal Communications 
        Commission.
    ``(c) Ingredients.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this subchapter, the Secretary shall promulgate 
        regulations relating to ingredients in tobacco products. Except 
        as provided in paragraph (2), such regulations shall conform to 
        the specifications described in Title IF of the Proposed 
        Resolution entered into by the tobacco manufacturers and the 
        State attorneys general on June 20, 1997.
            ``(2) Failure to act.--If the Secretary fails to approve or 
        disapprove an ingredient's safety within the review period 
        prescribed under the regulations under paragraph (1), such 
        failure shall not be considered an approval of such ingredient.
    ``(d) Reduced-Risk Products.--No manufacturer of a tobacco product 
may state or imply in the labeling or advertisements of the tobacco 
product that the tobacco product presents a reduced risk to health 
unless the Secretary has determined that the tobacco product does 
present a significantly reduced risk to health.
    ``(e) Other Authority.--This section does not limit the authority 
the Secretary has under other provisions of this Act with respect to 
tobacco products.

``SEC. 567. STATE TOBACCO CONTROL PROGRAMS.

    ``(a) In General.--Effective 2 years after the date of the 
enactment of this subchapter, a State may not receive funds under this 
Act for tobacco control activities unless the State has put into law a 
State tobacco control program that conforms to the model State program 
established by the Secretary under subsection (b).
    ``(b) Model State Program.--
            ``(1) General rule.--Within one year of the date of the 
        enactment of this subchapter, the Secretary shall establish a 
        model State tobacco control program.
            ``(2) Program content.--The model State tobacco control 
        program established under paragraph (1) shall--
                    ``(A) require persons who sell tobacco products to 
                individuals for personal consumption to obtain a 
                license from the State;
                    ``(B) require licensed retailers to comply with the 
                requirements under this Act that are applicable to 
                tobacco product retailers;
                    ``(C) prohibit any individual from purchasing 
                tobacco products for resale or distribution to 
                individuals under the age of 18;
                    ``(D) include minimum requirements for the conduct 
                and frequency of compliance inspections of licensed 
                retailers;
                    ``(E) include State performance objectives, 
                including objectives for reducing the level of 
                violations observed during compliance inspections;
                    ``(F) include provisions for appropriate penalties 
                for violations of the program requirements, including 
                provisions for license suspension and revocation; and
                    ``(G) include such other provisions as the 
                Secretary determines are appropriate to protect public 
                health.
    ``(c) Failure To Implement.--If a State fails to effectively 
implement a State tobacco control program which conforms to the Model 
State program established under subsection (b) or if a State fails to 
achieve the performance objectives applicable to the State under the 
Model State program, the Secretary shall withhold up to 20 percent of 
the funds made available under this Act to the State for tobacco 
control activities.
    ``(d) Federal Licensing Program.--Within one year of the date of 
the enactment of this subchapter, the Secretary shall establish Federal 
licensing requirements for--
            ``(1) tobacco product retailers operating on Federal 
        property;
            ``(2) tobacco product retailers operating in a State which 
        does not put into law or effectively implement a State tobacco 
        control program which conforms to the Model State Program; and
            ``(3) such other tobacco product retailers as the Secretary 
        may specify.
The Federal tobacco control requirements shall conform to the licensing 
requirements of the Model State Program.
    ``(e) Federal Authority.--The Secretary may order a retailer 
licensed by a State to suspend or cease selling tobacco products if the 
tobacco product retailer is in violation of a requirement under this 
Act related to tobacco products.
    ``(f) Indian Tribes.--In the case of tobacco product retailers 
operating on Indian reservations, the governing Indian tribe or tribal 
organization shall be treated as a State.''.

SEC. 106. GENERAL PROVISIONS.

    (a) Enforcement.--Section 301 (21 U.S.C. 331) is amended by adding 
at the end the following:
    ``(bb) The violation of any requirement under this Act relating to 
tobacco products.''.
    (b) Access to Information.--Section 701 (21 U.S.C 371) is amended 
by adding at the end the following:
    ``(h) To acquire information related to tobacco products, the 
Secretary may administer oaths and require the testimony of witnesses 
and the production of documents and other materials. The Secretary may 
disclose to the public information acquired under this subsection if 
the Secretary determines that disclosure is appropriate to protect 
public health.''.

SEC. 107. REPEAL.

    The Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331 
et seq.) and the Comprehensive Smokeless Tobacco Health Education Act 
of 1986 (15 U.S.C. 4401 et seq.) are repealed on the date the 
regulations described in section 566(b) of the Federal Food, Drug, and 
Cosmetic Act take effect.

      TITLE II--PERFORMANCE OBJECTIVES TO REDUCE CHILD TOBACCO USE

SEC. 201. ANNUAL PERFORMANCE SURVEYS.

    Within 1 year after the date of the enactment of this Act and 
annually thereafter the Secretary shall conduct a survey to determine 
for each manufacturer the percentage of children who use a tobacco 
product of the manufacturer.

SEC. 202. PERFORMANCE OBJECTIVES.

    (a) Performance Objectives for Existing Manufacturers.--Each 
existing manufacturer shall have as a performance objective the 
reduction of its child tobacco use level below its baseline level by at 
least the following percentage of its baseline level:
            (1) In the third and fourth annual performance surveys, 33 
        percent.
            (2) In the fifth and sixth annual performance surveys, 50 
        percent.
            (3) In the seventh, eighth, and ninth annual performance 
        surveys, 67 percent.
            (4) In the tenth and each succeeding annual performance 
        survey, 80 percent.
However, in no case is the performance objective for a manufacturer to 
reduce its child tobacco use level below the de minimis level.
    (b) Performance Objectives for New Manufacturers.--Beginning with 
the third annual performance survey, a new manufacturer shall have as 
its performance objective maintaining its child tobacco use level at no 
more than the de minimis level.
    (c) Levels.--For purposes of this title:
            (1) Baseline level.--The baseline level of each 
        manufacturer is the manufacturer's child tobacco use level 
        determined in the first annual performance survey.
            (2) De minimis level.--The de minimis level is 0.5 percent 
        of children.

SEC. 203. ADDITIONAL MEASURES TO REDUCE CHILD TOBACCO USE.

    (a) Secretarial Determination.--Before the end of the third year 
after the date of the enactment of this Act and annually thereafter, 
the Secretary shall, based on the annual performance survey conducted 
for such year, determine if each manufacturer has achieved the 
applicable performance objective under section 202. The Secretary shall 
publish in the Federal Register such determination and any additional 
measures required under this section.
    (b) Failure To Achieve.--If the Secretary determines under 
subsection (a) that a manufacturer has failed to achieve the applicable 
performance objective for an annual performance survey, the additional 
measures specified in this section shall be required to further reduce 
the manufacturer's child tobacco use level.
    (c) First Failure.--If the Secretary determines under subsection 
(a) that a manufacturer has failed to achieve the applicable 
performance objective for an annual performance survey and the 
manufacturer did not so fail with respect to the prior survey, the 
manufacturer shall for each unit of its tobacco products increase the 
price it charges by--
            (1) $0.01 for each of the first 10 percentage points by 
        which the manufacturer fails to achieve its performance 
        objective; plus
            (2) $0.02 for each of the second 10 percentage points, if 
        any, by which the manufacturer fails to achieve its performance 
        objective; plus
            (3) $0.03 for each additional percentage point over 21, if 
        any, by which the manufacturer fails to achieve its performance 
        objective.
    (d) Second Failure.--If the Secretary determines under subsection 
(a) that a manufacturer has failed to achieve the applicable 
performance objective for an annual performance survey and such failure 
is the manufacturer's second consecutive failure, the manufacturer 
shall for each unit of its tobacco products increase the price it 
charges by twice the level required under subsection (c).
    (e) Third Failure.--If the Secretary determines under subsection 
(a) that a manufacturer has failed to achieve the applicable 
performance objective for an annual performance survey and such failure 
is the manufacturer's third consecutive failure, the following 
additional measures shall apply:
            (1) The manufacturer shall for each unit of its tobacco 
        products increase the price it charges by the level prescribed 
        by subsection (d).
            (2) No retailer may sell the tobacco products of the 
        manufacturer in quantities smaller than a carton.
    (f) Fourth and Successive Failures.--If the Secretary determines 
under subsection (a) that a manufacturer has failed to achieve the 
applicable performance objective for an annual performance survey and 
such failure is the manufacturer's fourth or more consecutive failure, 
the following additional measures shall apply:
            (1) The manufacturer shall for each unit of its tobacco 
        products increase the price it charges by the level prescribed 
        by subsection (d).
            (2) No retailer may sell the tobacco products of the 
        manufacturer in quantities smaller than a carton.
            (3) The manufacturer may package its tobacco products only 
        in packages that bear only black text on a white background 
        except for warning labels that are required to appear in a 
        different format.
    (g) Effective Dates.--
            (1) Price increases.--If the Secretary determines under 
        subsection (a) that a manufacturer has failed to achieve the 
        applicable performance objective for an annual performance 
        survey, the price increase that is required under this section 
        as a result of such determination shall apply to each unit of 
        its tobacco products manufactured or imported in the United 
        States during the 12-month period beginning 30 days after the 
        determination, except that such price increase shall not apply 
        to tobacco products that are manufactured or imported by the 
        manufacturer for export.
            (2) Non-monetary measures.--The Secretary shall by 
        regulation prescribe an effective date that is as expeditious 
        as practicable for the non-monetary additional measures 
        described in subsections (e) and (f). Such measures shall 
        remain in effect until the Secretary determines under 
        subsection (a) that the manufacturer has achieved the 
        applicable performance objective for an annual performance 
        survey.
    (h) Adjustments.--
            (1) General rule.--The amount of any price increase that is 
        required under this section shall be increased by the 
        percentage increase in the Consumer Price Index for all urban 
        consumers (all items, U.S. city average) from 2001 to the year 
        before the year in which the price increase takes effect.
            (2) Limitation.--The maximum price increase that shall be 
        required under this section for a unit of a tobacco product is 
        $2 plus an adjustment for inflation under paragraph (1).
    (i) Calculation of Percentage Points.--For purposes of determining 
the level of price increase under this section, the number of 
percentage points by which a manufacturer fails to achieve a 
performance objective shall be calculated as follows:
            (1) Manufacturer with child tobacco use level at or below 
        its baseline level.--If the manufacturer is an existing 
        manufacturer which has a baseline level above the de minimis 
        level and a child tobacco use level equal to or below its 
        baseline level, the number of percentage points shall equal the 
        difference between the percentage reduction in its child 
        tobacco use level required to meet the applicable performance 
        objective and the percentage reduction in its child tobacco use 
        level achieved by the manufacturer.
            (2) Manufacturer with child tobacco use level above its 
        baseline level.--If the manufacturer is an existing 
        manufacturer which has a baseline level above the de minimis 
        level and a child tobacco use level above its baseline level, 
        the number of percentage points shall equal the sum of the 
        percentage reduction in its child tobacco use level required to 
        meet the applicable performance objective and the percentage by 
        which its child tobacco use level exceeds its baseline level.
            (3) Existing manufacturer with a baseline level below the 
        de minimis level or new manufacturer.--If the manufacturer is 
        an existing manufacturer which has a baseline level below the 
        de minimis level or if the manufacturer is a new manufacturer, 
        the number of percentage points shall equal the percentage by 
        which its child tobacco use level exceeds the de minimis level.

SEC. 204. PROCEEDS OF PRICE INCREASES.

    (a) Payment.--A manufacturer that is required to increase prices 
under section 203 shall pay into an account in the United States 
Treasury an amount equal to the amount of the increase multiplied by 
the number of units of the product to which the increase is required to 
be applied under such section. Such amount shall be paid by a 
manufacturer on a quarterly basis within 30 days after the end of each 
quarter in which the price increase is in effect.
    (b) Use of Funds.--Funds in the account referred to in subsection 
(a) shall be available to the Secretary, without fiscal year 
limitation, to enforce this title and other laws relating to tobacco 
use by children and for public awareness campaigns and other 
initiatives designed to discourage children from using tobacco products 
and products described in section 206(b)(2).

SEC. 205. JUDICIAL REVIEW.

    (a) In General.--An action of the Secretary under this title is not 
subject to judicial review until the Secretary has made or failed to 
make a compliance determination under section 203(a) that has adversely 
affected the person seeking the review. An action for review may only 
be brought in the United States District Court for the District of 
Columbia. In an action seeking review of such determination the person 
seeking review--
            (1) shall have the burden of demonstrating the actual 
        reduction of the manufacturer's child tobacco use level; and
            (2) may prevail only to the extent that the person 
        demonstrates that such reduction is different than the 
        reduction the Secretary used in making such determination.
    (b) No Stay.--Section 705 of title 5, United States Code, shall not 
apply with respect to any action under subsection (a).
    (c) Interest.--If the judgment of a court in an action under 
subsection (a) results in the reduction of a payment paid by a 
manufacturer under section 204, the manufacturer shall be paid from the 
account referred to in such section an amount equal to the amount of 
such reduction and interest on such amount. If the judgment of a court 
in an action under subsection (a) results in the increase in the amount 
to be paid by a manufacturer under section 204, the manufacturer shall 
pay to such account an amount equal to the amount of such increase and 
interest on such amount.

SEC. 206. GENERAL PROVISIONS.

    (a) Enforcement.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(cc) The failure to comply with a requirement under section 203, 
204, 205, or 206 of the Child Tobacco Use Prevention Act of 2001.''
    (b) Regulations.--
            (1) General rule.--The Secretary may promulgate regulations 
        for the implementation of this title.
            (2) Additional authority.--For products (other than 
        cigarettes and smokeless tobacco) made or derived from tobacco 
        that are intended for human consumption the Secretary may by 
        regulation establish performance objectives under section 202 
        relating to the use of such products by children and 
may require additional measures under section 203 for failure to 
achieve the objectives.
    (c) Administration of Surveys.--
            (1) Statistical accuracy of surveys.--The annual 
        performance surveys conducted by the Secretary under section 
        201(a) shall be designed so that if a manufacturer had a child 
        tobacco use level that is equal to 50 percent, the 95 percent 
        confidence interval would be no greater than plus or minus 1 
        percentage point.
            (2) Survey conditions.--The annual performance surveys 
        shall--
                    (A) be household-based surveys; and
                    (B) not be subject to State or local regulation or 
                chapter 35 of title 44, United States Code.
            (3) Confidentiality.--The Secretary shall not disclose 
        information that may identify a child surveyed in an annual 
        performance survey unless the child (or the child's parent or 
        guardian) has consented to such disclosure.
            (4) Technical adjustments.--The Secretary may make 
        technical adjustments in the manner in which annual performance 
        surveys are conducted if adjustments are made to insure that 
        the results of the surveys are comparable from year to year.

SEC. 207. USE OF TOBACCO PRODUCTS AMONG MINORITY POPULATIONS.

    As part of each annual survey, the Secretary shall determine the 
child tobacco use level for children of different racial and ethnic 
backgrounds. If the Secretary determines that the child tobacco use 
level is increasing, or is not decreasing at a proportionate rate, 
among children of a racial or ethnic background, the Secretary shall 
report such determination to Congress along with recommendations for 
reducing such level for children of such racial or ethnic background.

SEC. 208. DEFINITIONS.

    For purposes of this title:
            (1) Annual performance survey.--The term ``annual 
        performance survey'' means a survey conducted by the Secretary 
        annually under section 201.
            (2) Children.--The term ``children'' means individuals 
        under the age of 18 and above the age of 11 who are residents 
        of the United States.
            (3) Child tobacco use level.--The term ``child tobacco use 
        level'' means, with respect to a manufacturer and an annual 
        performance survey, the percentage of children who use the 
        manufacturer's tobacco products as determined in an annual 
        performance survey or under section 205(a)
            (4) Existing manufacturer.--The term ``existing 
        manufacturer'' means a manufacturer which manufactured or 
        imported a tobacco product on or before the date of the 
        enactment of this Act.
            (5) Manufacturer.--The term ``manufacturer'' means any 
        person who manufactures or imports a tobacco product.
            (6) New manufacturer.--The term ``new manufacturer'' means 
        any manufacturer other than an existing manufacturer.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (8) Tobacco product.--The term ``tobacco product'' means a 
        cigarette or smokeless tobacco.
            (9) Unit.--The term ``unit'' means 20 cigarettes in the 
        case of cigarettes and a comparable amount as determined by the 
        Secretary in the case of smokeless tobacco.
            (10) Use.--A child shall be considered to use a 
        manufacturer's tobacco product if the manufacturer's tobacco 
        product is the usual brand of tobacco product used by the child 
        in the last 30 days.

                   TITLE III--SMOKE-FREE ENVIRONMENTS

SEC. 301. 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 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 while smoking is occurring.
            (3) Children are prohibited from entering the area.

SEC. 302. 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 
district court of the United States 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 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.
    (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 301(b)(1) by an individual within a 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. 303. REGULATIONS.

    (a) In General.--The Administrator is authorized to promulgate such 
regulations as the Administrator deems necessary to carry out this 
title.
    (b) Other Facilities.--The Administrator may by regulation extend 
the requirement of section 301 to adopt and implement a smoke-free 
environment policy to the facilities described in subparagraphs (B) 
through (E) of section 304(2) if the Administrator determines that such 
an action is appropriate to protect the public health.

SEC. 304. DEFINITIONS.

    As used 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 in which activities substantially affecting 
        interstate commerce occur, including any such building owned by 
        or leased to a Federal, State, or local government entity. Such 
        term shall not include--
                    (A) any portion of a building regularly used for 
                residential purposes;
                    (B) any commercial establishment engaged primarily 
                in the sale of alcoholic beverages for consumption on 
                the premises;
                    (C) any private club while in use for social or 
                fraternal activities that are not open to the public;
                    (D) any jail or other prison facility; and
                    (E) any commercial establishment primarily engaged 
                in the sale of tobacco and tobacco related products.
            (3) Responsible entity.--The term ``responsible entity'' 
        means, with respect to any 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. 305. 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. 306. EFFECTIVE DATE.

    The requirements of this title shall take effect on the date one 
year after the date of the enactment of this Act.

                TITLE IV--TOBACCO PREVENTION INITIATIVES

SEC. 401. NATIONAL PUBLIC AWARENESS CAMPAIGN.

    There shall be made available to the Secretary, without fiscal year 
limitation, $500,000,000 for a national public awareness campaign to 
discourage the use of tobacco products.

SEC. 402. FEDERAL IMPLEMENTATION.

    There shall be made available to the Secretary, without fiscal year 
limitation, $300,000,000 for the implementation and enforcement of--
            (1) the provisions of the Federal Food, Drug, and Cosmetic 
        Act relating to tobacco products; and
            (2) the requirements of title III.

SEC. 403. MINORITY POPULATIONS.

    The Secretary shall ensure that the national public awareness 
campaign funded under section 401 take into account the needs of 
minority populations and are age appropriate, culturally appropriate, 
and linguistically appropriate for such populations.

SEC. 406. INFLATION ADJUSTMENT.

    Each of the amounts made available to the Secretary under sections 
401 and 402 shall be increased by the percentage increase in the 
Consumer Price Index for all urban consumers (all items, U.S. city 
average) from 2001 to the year before the year in which such amount is 
made available.
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