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Remarks by LAUTENBERG (D-NJ) on S. 261 and S. 262 Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993 [CR page S-916, 114 lines] Attributed to LAUTENBERG (D-NJ) By Mr. LAUTENBERG (for himself and Mr. Harkin): S. 261. A bill to protect children from exposure to environmental tobacco smoke in the provision of children's services, and for other purposes; to the Committee on Labor and Human Resources. S. 262. A bill to require the Administrator of the Environmental Protection Agency to promulgate guidelines for instituting a nonsmoking policy in buildings owned or leased by Federal agencies, and for other purposes; to the Committee on Environmental and Public Works. SECONDHAND SMOKE ** Mr. LAUTENBERG. Mr. President, I rise today to introduce two bills to protect Americans against environmental tobacco smoke or secondhand smoke. I am introducing these bills for one simple irrefutable reason; secondhand smoke kills. An EPA report released on January 7, 1993, undeniably confirmed what public health officials have reported for several years, smoking kills those who smoke and those who breathe secondhand smoke. This scientifically peer reviewed report concluded that secondhand smoke was indeed a group A carcinogen, a group that includes toxins such as asbestos, benzene, and arsenic. The evidence is clear that secondhand smoke is taking an enormous toll on the health of Americans, particularly our children. According to the EPA report, 3,000 lung cancer deaths per year among nonsmokers result from exposure to secondhand smoke. Secondhand smoke also causes more than 200,000 lower respiratory tract infections in young children annually, including bronchitis and pneumonia, resulting in 7,500 to 15,000 hospitalizations. Furthermore, secondhand smoke exacerbates asthmatic symptoms in children and is associated with 8,000 to 26,000 new asthma cases in children. In a separate study, the American Heart Association concluded that exposure to secondhand smoke increases the risk of lung cancer, heart disease, and emphysema. They reported that approximately 50 percent of all children are exposed to secondhand smoke. Now that the evidence is in, it is time for the Congress to take action and protect Americans from this deadly substance. In 1990, the Congress passed the Clean Air Act to regulate 189 hazardous air pollutants which were estimated to cause 1,500 deaths per year. Now we must act to regulate an air pollutant which causes at least 3,000 deaths per year. ISSUE 40 APPENDIX B 87805450

The first step we must take is to protect our children, because they are most threatened by secondhand smoke. That is why I am introducing the Preventing Our Kids from Inhaling Deadly Smoke [PRO-KIDS] Act of 1993. PRO- KIDS will protect children from secondhand smoke while they are participating in federally funded children's programs such as Head Start, WIC, Chapter 1, health care, and day care programs. It will require participants in federally funded programs to establish a nonsmoking policy if they provide health services to children under the age of 18 or provide other social services primarily to children under the age of 18, including elementary and secondary education. The legislation I am introducing today to address this threat would require nonsmoking policies that would limit indoor smoking in facilities associated with these federally funded programs to those areas which are not normally used to serve children and which are ventilated separately from these areas. Evidence accumulated by the EPA and other organizations shows that separate ventilation is necessary to prevent secondhand smoke from recirculating through the ventilation system right into the rooms used by the children. In cases where unusual extenuating circumstances prevent total compliance, programs could apply for a partial waiver from this provision if they protect children from exposure to secondhand smoke to the extent possible. This legislation also allows the adoption of the nonsmoking policy to be done through collective bargaining if such an agreement exists. The second piece of legislation that I am introducing today is called PRotecting Our FEderal workers and visitors from Deadly Smoke or PRO-FEDS. This legislation takes an important first step to protect adults from unwanted exposure to secondhand smoke. This legislation expands the nonsmoking policy, that already is in place at the U.S. Department of Health and Human Services and the Environmental Protection Agency, to all buildings owned of leased by agencies of the executive, legislative, and judicial branches of the Federal Government. This would include the White House offices.and the Congress, but not cover Federal buildings which serve primarily as living quarters. This bill also includes a provision that would also allow unions to adopt this requirement through collective bargaining. This legislation also provides an expanded role for the Environmental Protection Agency [EPA] with regard to environmental tobacco smoke. Under this legislation, the EPA will establish guidelines for compliance under this act. This bill also directs the EPA to provide technical assistance to entities which must comply with this act. Under the bill the EPA will conduct an outreach campaign to inform the public about the dangers of environmental tobacco smoke. It also establishes an Environmental Tobacco Smoke Advisory Office within the Office of Radiation and Indoor Air at EPA. With a telephone inquiry hotline, this office will answer inquiries about how to protect people from environmental tobacco smoke. Now that the studies are completed, it is time to take action to protect people from the dangers of secondhand smoke. The Department of Health and Human Services initially banned smoking in all of its buildings because ou 87805452

top health officials understand the danger of environmental tobacco smoke. We've banned smoking on all domestic airplane flights. Children are the most vulnerable members of our society. They depend upon us to protect them and safeguard their health. They are the future of this country. Isn't it time to give our children, especially those who depend on the Federal Government for valuable services like health care and preschool training, the same protection we already afford to airplane travelers and some Federal workers? As a Department of Health and Human Services report notes, "25 years ago, smoking in the workplace and public places was considered a virtual birthright. Today, acceptance of smoking in public places has largely disappeared, replaced by an increasing recognition of the right to breathe air free from the harmful effects of tobacco smoke." We've come a long way, baby. But we still have a way to go. We should prohibit smoking in federally funded institutions which serve children under the age of 18 immediately, so that our children can breath healthy air."We must also expand the smoking ban that already exists at the Department of Health and Human Services and the Environmental Protection Agency to all agencies in the Federal Government. This legislation has been endorsed by the American Heart Association, the American Lung Association, the American Cancer Society, the Association for Respiratory Care, the Association of Maternal and Child Health Programs, the Asthma and Allergy Foundation of America, and the National Coalition for Cancer Research. I ask unanimous consent to have a press release from former EPA Administrator Reilly and a New York Times article entitled "U.S. Ties Secondhand Smoke to Cancer" included in the Record following this statement. I also ask unanimous consent that these bills be printed in full in the Record following this statement. I urge my colleagues to support and cosponsor this legislation. There being no objection, the material was ordered to be printed in the Record, as follows:

Text of Measure -- S. 261 Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993 [CR page S-917, 211 lines] S. 261 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 "Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993". SEC. 2. FINDINGS. Congress finds that-- (1) environmental tobacco smoke comes from secondhand smoke exhaled by smokers and sidestream smoke emitted from the burning of cigarettes, cigars, and pipes; (2) since citizens of the United States spend up to 90 percent of a day indoors, there is a significant potential for exposure to environmental tobacco smoke from indoor air; (3) exposure to environmental tobacco smoke occurs in schools, public buildings, and other indoor facilities; (4) recent scientific studies have concluded that exposure to environmental tobacco smoke is a cause of lung cancer in healthy nonsmokers and is responsible for acute and chronic respiratory problems and other health impacts in sensitive populations (including children); (5) the health risks posed by environmental tobacco smoke exceed the risks posed by many environmental pollutants regulated by the Environmental Protection Agency; and (6) according to information released by the Environmental Protection Agency, environmental tobacco smoke results in a loss to the economy of over $3,000,000,000 per year. 8780S453

SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency. (2) Children.--The term "children" means individuals who have not attained the age of 18. (3) Children's services.--The term "children's services" means-- (A)(i) direct health services routinely provided to children; or (ii) any other direct services routinely provided primarily to children, including educational services; and (B) that are funded (in whole or in part) by Federal funds. (4) Secretary.--The term "Secretary" means the Secretary of Health and Human Services. SEC. 4. NONSMOKING POLICY FOR CHILDREN'S SERVICES. (a) Issuance of Guidelines.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue guidelines for instituting and enforcing a nonsmoking policy at each indoor facility where children's services are provided. (b) Contents of Guidelines.--A nonsmoking policy that meets the requirements of the guidelines shall, at a minimum, prohibit smoking in each portion of an indoor facility where children's services are provided that is not ventilated separately (as defined by the Administrator) from other portions of the facility. SEC. 5. TECHNICAL ASSISTANCE AND OUTREACH ACTIVITIES. (a) Technical Assistance.--The Administrator and the Secretary shall provide technical assistance to persons who provide children's services and other persons who request technical assistance. The technical assistance shall include information-- (1) on smoking cessation programs for employees; and (2) to assist in compliance with the requirements of this Act.

SEC. 6. FEDERALLY FUNDED PROGRAMS. (a) In General.--Notwithstanding any other provision of law, each person who provides children's services shall establish and make a good-faith effort to enforce a nonsmoking policy that meets or exceeds the requirements of subsection (b). (b) Nonsmoking Policy.-- (1) General requirements.--A nonsmoking policy meets the requirements of this subsection if the policy-- (A) is consistent with the guidelines issued under section 4(a); (B) prohibits smoking in each portion of an indoor facility used in connection with the provision of services directly to children; and (C) where appropriate, requires that signs stating that smoking is not permitted be posted in each indoor facility to communicate the policy. (2) Permissible features.--A nonsmoking policy that meets the requirements of this subsection may allow smoking in those portions of the facility-- (A) in which services are not normally provided directly to children; anc (B) that are ventilated separately from those portions of the facility in which services are normally provided directly to children. (c) Waiver.-- (1) In general.--A person described in subsection (a) may publicly petition the head of the Federal agency from which the person receives Federal funds (including financial assistance) for a waiver from any or all of the requirements of subsection (b). (2) Conditions for granting a waiver.--Except as provided in paragraph (3), the head of the Federal agency may grant a waiver only-- (A) after consulting with the Administrator, and receiving the concurrence of the Administrator; (B) after giving an opportunity for public hearing (at the main office of the Federal agency or at any regional office of the agency) and comment; and (C) if the person requesting the waiver provides assurances that are satisfactory to the head of the Federal agency (with the concurrence of the Administrator) that-- (i) unusual extenuating circumstances prevent the person from establishing or enforcing the nonsmoking policy (or a requirement under the policy) referred to in subsection (b) (including a case in which the person shar 8'7805455

space in an indoor facility with another entity and cannot obtain an agreement with the other entity to abide by the nonsmoking policy requirement) and the person will establish and make a good-faith effort to enforce an alternative nonsmoking policy (or alternative requirement under the policy) that will protect children from exposure to environmental tobacco smoke to the maximum extent possible; or (ii) the person requesting the waiver will establish and make a good-faith effort to enforce an alternative nonsmoking policy (or alternative requirement under the policy) that will protect children from exposure to environmental tobacco smoke to the same degree as the policy (or requirement) under subsection (b). (3) Special waiver.-- (A) In general.--On receipt of an application, the head of the Federal agency may grant a special waiver to a person described in subsection (a) who employs individuals who are members of a labor organization and provide children's services pursuant to a collective bargaining agreement that-- (i) took effect before the date of enactment of this Act; and (ii) includes provisions relating to smoking privileges that are in violation of the requirements of this section. (B) Termination of waiver.--A special waiver granted under this paragraph shall terminate on the earlier of-- (i) the first expiration date (after the date of enactment of this Act) of the collective bargaining agreement containing the provisions relating to smoking privileges; or (ii) the date that is 1 year after the date specified in subsection (f). (d) Civil Penalties.-- (1) In general.--(A) Any person subject to the requirements of this section who fails to comply with the requirements shall be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, but in no case shall the amount be in excess of the amount of Federal funds received by the person for the fiscal year in which the violation occurred for the provision of children's services. (B) Each day a violation continues shall constitute a separate violation. (2) Assessment.--A civil penalty for a violatioh of this section shall be assessed by the head of the Federal agency that provided Federal funds (including financial assistance) to the person (or if the head of the Federal agency does not have the authority to issue an order, the appropriate official) by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5, United States Code. Before issuing the order, the head of the Federal agency (or the appropriate official) 87805456 I

shall-- (A) give written notice to the person to be assessed a civil penalty under the order of the proposal to issue the order; and (B) provide the person an opportunity to request, not later than 15 days after the date of receipt of the notice, a hearing on the order. (3) Amount of civil penalty.--In determining the amount of a civil penalty under this subsection, the head of the Federal agency (or the appropriate official) shall take into account-- (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the ability to pay, the effect of the penalty on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and a demonstration of willingness to comply with the requirements of this Act; and (C) such other matters as justice may require. (4) Modification.--The head of the Federal agency (or the appropriate official) may compromise, modify, or remit, with or without conditions, any civil penalty that may be imposed under this subsection. The amount of the penalty as finally determined or agreed upon in compromise may be deducted from any sums that the United States owes to the person against whom the penalty is assessed. (5) Petition for review.--A person who has requested a hearing concerning the assessment of a penalty pursuant to paragraph (2) and is aggrieved by an order assessing a civil penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. The petition may only be filed during the 30-day period beginning on the date of issuance of the order making the assessment. (6) Failure to pay.--If a person fails to pay an assessment of a civil penalty-- (A) after the order making the assessment has become a final order and without filing a petition for judicial review in accordance with paragraph (5); or (B) after a court has entered a final judgment in favor of the head of the Federal agency (or appropriate official), - the Attorney General shall recover the amount assessed (plus interest at currently prevailing rates from the last day of the 30-day period referred to in paragraph (5) or the date of the final judgment, as the case may be) in an action brought in an appropriate district court of the United States. In the action, the validity, amount, and appropriateness of the penalty shall not subject to review. 87805457

(e) Exemption.--This section shall not apply to a person who provides children's services who-- (1) has attained the age of 18; (2) provides children's services-- (A) in a private residence; and (B) only to children who are, by affinity or consanguinity, or by court decree, a grandchild, niece, or nephew of the provider; and (3) is registered and complies with any State requirements that govern the children's services provided. (f) Effective Date.--This section shall take effect on the first day of the first fiscal year beginning after the date of enactment of this Act. SEC. 7. REPORT BY THE ADMINISTRATOR. Not later than 2 years after the date of enactment of this Act, the Administrator shall submit a report to Congress that includes-- (1) information concerning the degree of compliance with this Act; and (2) an assessment of the legal status of smoking in public places. SEC. 8. PREEMPTION. Nothing in this Act is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this Act.