Text: H.R.561 — 101st Congress (1989-1990)All Information (Except Text)

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HR 561 IH
101st CONGRESS
1st Session
 H. R. 561
To amend the Federal Aviation Act of 1958 to prohibit smoking on domestic
commercial aircraft flights.
IN THE HOUSE OF REPRESENTATIVES
January 19, 1989
Mr. TORRICELLI (for himself, Mr. PEPPER, Mr. ROE, Mr. FRANK, Mr. SMITH
of Florida, Mr. ATKINS, Mr. GARCIA, Mr. FOGLIETTA, Mr. LEVIN of Michigan,
Mr. CROCKETT, Mr. RITTER, Mr. DYMALLY, Mr. HANSEN, Mr. BATES, Mr. GOODLING,
Mr. FAUNTROY, Mr. DORNAN of California, Mrs. COLLINS, Mr. KILDEE, and
Mr. LIPINSKI) introduced the following bill; which was referred to the
Committee on Public Works and Transportation
A BILL
To amend the Federal Aviation Act of 1958 to prohibit smoking on domestic
commercial aircraft flights.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. FINDINGS.
  The Congress finds that--
  (1) involuntary smoking is a cause of disease, including lung cancer,
  in healthy nonsmokers;
  (2) even if the number of lung cancer deaths caused by involuntary smoking
  is determined to be much smaller than the number of lung cancer deaths
  caused by active smoking, the number of lung cancer deaths attributable
  to involuntary exposure would still represent a problem of sufficient
  magnitude to warrant substantial public health concern;
  (3) the simple separation of smokers and nonsmokers within the same airspace
  may reduce, but will not eliminate, exposure to environmental tobacco smoke;
  (4) public opinion polls document strong and growing support for restricting
  or banning smoking in a wide range of public places; and
  (5) there is a particular need to ban smoking in passenger-carrying aircraft
  because of the confined space in an aircraft cabin and the problems of
  circulating fresh air and separating passengers in an aircraft cabin.
SEC. 2. PROHIBITION ON SMOKING.
  (a) IN GENERAL- Title XI of the Federal Aviation Act of 1958 is amended
  by adding at the end the following new section:
`Prohibition on Smoking on Domestic Flights
`prohibition
  `SEC. 1118. (a) Each air carrier shall prohibit smoking on an aircraft
  during any operation of the aircraft involving the carriage of passengers
  in interstate or intrastate air transportation on or after the 120th day
  following the date of the enactment of this section.
`REGULATIONS
  `(b) The Secretary shall promulgate such rules and regulations as may be
  necessary to carry out this section.'.
  (b) PENALTY- The first sentence of section 901(a)(1) of the Federal Aviation
  Act of 1958 is amended by striking `or 1115(e)(2)(B)' and inserting in
  lieu thereof `, 1115(e)(2)(B), or 1118'.
  (c) CONFORMING AMENDMENT- That portion of the table of contents of the
  Federal Aviation Act of 1958 which appears under the center heading
`Title XI--Miscellaneous'
is amended by adding at the end
`Sec. 1118. Prohibition on smoking on domestic flights.
`(a) Prohibition.
`(b) Regulations.'.