[Congressional Record Volume 142, Number 9 (Wednesday, January 24, 1996)]
[Senate]
[Page S346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself and Mr. Harkin):
  S. 1524. A bill to amend title 49, United States Code, to prohibit 
smoking on any scheduled airline flight segment intrastate, interstate, 
or foreign air transportation.


               the airliner cabin air quality act of 1996

  Mr. LAUTENBERG. Mr. President, I am introducing the Airliner Cabin 
Air Quality Act of 1996, which would prohibit smoking on international 
flights to and from the United States by domestic and foreign carriers.
  Mr. President, more than 50,000 studies have established the 
scientific evidence incriminating cigarette smoking as a direct cause 
of death and disability. Volumes of evidence also document similar 
health effects as a result of exposure to environmental tobacco smoke. 
For example, in 1991, the National Institute for Occupational Safety 
and Health placed environmental tobacco smoke in its most significant 
category of human carcinogens.
  The Environmental Protection Agency estimates that environmental 
tobacco smoke causes some 3,000 lung cancer deaths and 12,000 other 
cancer deaths each year. In addition, the EPA believes that 70 percent 
of the lung cancer deaths attributable to environmental tobacco smoke 
are due to exposures outside of the home.
  Environmental tobacco smoke exposure leads to coughing, chest 
discomfort, and reduced lung function in nonsmoking adults. While these 
symptoms may seem minor in nature, their effects on individuals can 
have permanent health and financial consequences. It is estimated that 
flight attendants lose about $10,000 per year in salary if they are 
unable to work on international flights on which smoking is still 
allowed.
  Mr. President, in September 1992, the International Civil Aviation 
Organization [ICAO] passed a nonbinding resolution urging governments 
to take the necessary steps to ban smoking on all international flights 
as a safety and health measure. The resolution calls for the ban to be 
in place no later than July 1, 1996. I am hopeful, but not confident, 
that the ICAO resolution will be successful.
  This past summer, ICAO released a working paper on the progress being 
made toward the implementation of its international smoking ban 
resolution. While developing the working paper, ICAO asked its more 
than 300 members to indicate their intentions with respect to 
implementation of the smoking ban. Of the 67 replies, 34 countries gave 
either no indication of their intentions or indicated they were going 
to delay implementation. Another 10 countries indicated implementation 
plans were under study. Only 24 countries stated that they would 
implement the smoking ban. Based upon replies to this questionnaire, 
some have estimated that just 13 percent of all ICAO members will take 
the steps necessary to ban smoking on international flights.
  Mr. President, from the perspective of the United States, the 
potentially low rate of participation of other countries in an 
international smoking ban should be unacceptable. The United States and 
its carriers have repeatedly demonstrated their support for an 
international smoking ban. As the result of an agreement between the 
United States, Canada, and Australia, passengers traveling between 
these countries need not suffer through a smoke-filled flight.
  About a year ago, the Department of Transportation provided eight 
U.S. carriers with an antitrust waiver so they could discuss 
implementing a voluntary transatlantic smoking ban. Despite their 
unanimous resolve to move toward a smoke-free environment, the 
participating carriers were unable to reach an agreement. Many were 
unwilling to ban smoking because of perceptions about competitive 
pressures from foreign carriers who are unwilling to voluntarily ban 
smoking.
  Mr. President, I have been active for many years in efforts to ensure 
clean cabin air for airline passengers. In 1988, I sponsored 
legislation that banned smoking on domestic flights of 2 hours or less. 
This law protected approximately 80 percent of all domestic passengers 
from the documented effects of environmental tobacco smoke. In 1989, 
based upon the success and popularity of the 2-hour smoking ban, 
Congress expanded the ban to include nearly all domestic flights.
  Mr. President, this legislation would extend the protection now 
enjoyed by domestic passengers and flight attendants to those who fly 
into and out of this country. I wish other countries would enter into 
multilateral smoking-ban agreements on their own so this bill would be 
unnecessary. However, that does not seem likely. Therefore, this bill 
is needed to demonstrate the U.S. Congress' resolve and continued 
leadership on this issue. The bill would create a level competitive 
playing field for carriers utilizing our market. And, most importantly, 
it would protect the health and safety of all those who fly 
internationally.
  I urge my colleagues to support this legislation.

                          ____________________