Environmental tobacco smoke : hearing before the Subcommittee on Health and the Environment of the Committee on Energy and Commerce, House of Representatives, One Hundred Third Congress, first session, July 21, 1993

444 Pages·1993·15.2 MB·English

by  United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health and the Environment

ENVIRONMENTAL TOBACCO SMOKE
^"
(Part
2)
103-127
Y 4. EN 2/3:
Environnental Tobacco Snoke, (Part... J,INGS
BEFORE THE
SUBCOMMITTEE ON
HEALTH AND THE ENVIRONMENT
OF THE
COMMITTEE ON
ENERGY AND COMMERCE
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
SECOND SESSION
ON
H.R. 3434
A BILL TO AMEND THE PUBLIC HEALTH SERVICE ACT TO PROTECT
THE PUBLIC FROM HEALTH HAZARDS CAUSED BY EXPOSURE TO EN-
VIRONMENTAL TOBACCO SMOKE
FEBRUARY 7 and MARCH 17, 1994
Serial No. 103-127
Printed for the use of thfrit^iiiiftli^MJG^A|{^*l!fS'&'i^erce
MOV 16 19!W

ENVIRONMENTAL TOBACCO SMOKE
(Part 2)
HEARINGS
BEFORE THE
SUBCOIVIMITTEE ON
HEALTH AND THE ENVIRONMENT
OF THE
COMMITTEE ON
ENERGY AND COMMERCE
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
SECOND SESSION
ON
H.R. 3434
A BILL TO AMEND THE PUBLIC HEALTH SERVICE ACT TO PROTECT
THE PUBLIC FROM HEALTH HAZARDS CAUSED BY EXPOSURE TO EN-
VIRONMENTAL TOBACCO SMOKE
FEBRUARY 7 and MARCH 17, 1994
Serial No. 103-127
Printed for the use of the Committee on Energy and Commerce
U.S. GOVERNMENT PRINTING OFFICE
83-374CC WASHINGTON : 1994
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402
ISBN 0-16-045957-5
COMMITTEE ON ENERGY AND COMMERCE
JOHN D. DINGELL, Michigan, Chairman
HENRY A. WAXMAN. California CARLOS J. MOORHEAD, California
PHILIP R. SHARP, Indiana THOMAS J. BLILEY, Jr., Virginia
EDWARD J. MARKEY, Massachusetts JACK FIELDS, Texas
AL SWIFT. Washington MICHAEL G. OXLEY, Ohio
CARDISS COLLINS, IlUnois MICHAEL BILIRAKIS, Florida
MIKE SYNAR, Oklahoma DAN SCHAEFER, Colorado
W.J. "BILLY' TAUZIN, Louisiana JOE BARTON, Texas
RON WYDEN, Oregon ALEX MCMILLAN, North Carolina
RALPH M. HALL, Texas J. DENNIS HASTERT, IlUnois
BILL RICHARDSON, New Mexico FRED UPTON, Michigan
JIM SLATTERY, Kansas CLIFF STEARNS, Florida
JOHN BRYANT, Texas BILL PAXON, New York
RICK BOUCHER, Virginia PAUL E. GILLMOR, Ohio
JIM COOPER, Tennessee SCOTT KLUG, Wisconsin
JT.HROOMYASROJW.LMAANNDT,ONG,eorNgeiwa York JGAAMREYSA.C.FRGARNEKESN,WOCoOnDne,ctPiecnuntsylvania
EDOLPHUS TOWNS, New York MICHAEL D. CRAPO, Idaho
GERRY E. STUDDS, Massachusetts
RICHARD H. LEHMAN, California
FRANK PALLONE, Jr., New Jersey
CRAIG A. WASHINGTON, Texas
LYNN SCHENK, California
SHERROD BROWN, Ohio
MIKE KREIDLER. Washington
MARJORIE MARGOLIES-MEZVINSKY,
Pennsylvania
BLANCHE M. LAMBERT, Arkansas
Alan J. Roth, StaffDirector and ChiefCounsel
Dennis B. Fitzgibbons, Deputy StaffDirector
Margaret A. Durbin, Minority ChiefCounsel and StaffDirector
Subcommittee on Health and the Environment
HENRY A. WAXMAN, California, Chairman
MIKE SYNAR, Oklahoma THOMAS J. BLILEY, Jr., Virginia
RON WYDEN, Oregon MICHAEL BILIRAKIS, Florida
RALPH M. HALL, Texas ALEX McMillan, North CaroUna
BILL RICHARDSON, New Mexico J. DENNIS HASTERT, Illinois
JOHN BRYANT, Texas FRED UPTON, Michigan
J. ROY ROWLAND, Georgia BILL PAXON, New York
EDOLPHUS TOWNS, New York SCOTT KLUG, Wisconsin
GERRY E. STUDDS, Massachusetts GARY A. FRANKS, Connecticut
JIM SLATTERY, Kansas JAMES C. GREENWOOD, Pennsylvania
JIM COOPER, Tennessee CARLOS J. MOORHEAD, Cahfomia
FRANK PALLONE, Jr., New Jersey (Ex Officio)
CRAIG A. WASHINGTON, Texas
SHERROD BROWN, Ohio
MIKE KREIDLER, Washington
JOHN D. DINGELL, Michigan
(Ex Officio)
Karen Nelson, StaffDirector
Phillip Barnett, Counsel
Gregory S. Wetstone, Counsel
E. Ripley Forbes, Senior StaffAssociate
Charles L. Ingebretson, Minority Counsel
(II)
CONTENTS
Page
Hearingsheldon:
February 7, 1994 1
March 17, 1994 243
TextofH.R. 3434 3
Testimony of:
Banzhaf,John F., Ill, executive director, Action on Smokingand Health .. 348
Browner, Hon. Carol M., Administrator, Environmental Protection Agen-
cy 10
Carter, Jacque ShoppingCenters ofSouthwestMichigan 268
Carter, PeterW,., Tennessee Coalition on SmokingOrHealth 301
Coggins, Chris, principal scientist, R.J. Reynolds TobaccoCo 338
Cole, Rudv, RestaurantsforSensibleVoluntaryPolicies 334
DeVito, MathiasJ., chairman. Rouse Co 264
Divine, H.A., director. School of Hospitality Management and Toxirism,
UniversityofDenver 391
Ehrlich, Paul, Jr., formerU.S. Surgeon General 139
Eisenberg, Albert C, senior director, Federal Legislative Affairs, Amer-
ican Institute ofArchitects 373
Elders, M. Joycelyn, Surgeon General, Public Health Service 130
Emmons, Jason, Niles, Mich 253
Hall, John R., assistant vice president, National Fire Protection Associa-
tion 331
Heyman, Richard B., on behalfofAmericanAcademyofPediatrics 255
Holcomb, Larry, environmental toxicologist, Holcomb Environmental
Services 172
Jordan, MargaretH., vice president, Southern CaliforniaEdison Co 266
Julin, GeorgeA., Ill, chairman, Morlin ManagementCorp 269
Koop, C. Everett, formerU.S. Surgeon General 136
Maves, Michael D., associate executive vice president, AmericanAcademy
ofOtolar3Tigology 378
Minor, Lauren S., Largo, Md 254
Naylor, W.W., president, American RestaurantServices, Inc 336
Novello, Antonia C, formerU.S. SurgeonGeneral 132
Perske, Martha, Darien, Conn 394
Pertschuck, Mark, co-director, AmericansforNon-Smokers Rights 391
Richmond, Julius B., formerU.S. Surgeon General 137
Robertson, Gray, president, HealthyBuildings International 382
Smoak, Randolph D., Jr., American Medical Association 290
Steinfeld, Jesse L., formerU.S. Surgeon General 140
Tooker, Richard M., chiefmedical officer, Kalamazoo County, Mich 330
Udell, Megan, South Elgin, 111 253
Vagelos, P. Roy, chairman, Merck & Co 262
Whitley, Charles O., seniorconsultant. TheTobacco Institute 172
Material submitted forthe recordby:
AFL-CIO Executive Council: Statement— 234
American Academy of Otolaryngology Head and Neck Surgery, Inc.:
Letter dated March 15, 1994, from Joan Lunden to Hon. J. Dennis
Hastert 406
American Hotel and Motel Association: Statement 407
(III)
IV
—
Material submitted fortherecord Continued Page
Bakery, Confectionary and Tobacco Workers International Union: State-
ment 236
California Restaurant Association: Letter dated March 15, 1994, from
Stanly Kykerto ChairmanWaxman 408
ETS Facts 418
Health Insurance Association ofAmerica: Letter dated March 15, 1994,
from Bill Gradison to Chairman Waxman 409
International Association ofFire Chiefs: Statement 410
Mason, James O., former Assistant Secretary, HHS, to House Energy
and Commerce Republican members: Letterdated March 15, 1994 412
National Council ofChain Restaurants: Statement 413
National Energy Management Institute: Statement 238
National Medical Association: Letter dated March 17, 1994, from Leonard
Lawrence to ChairmanWaxman 416
Restaurant Association of Maryland: Letter dated March 14, 1994, from
Paula Kreuzburgto ChairmanWaxman 417
Texas Medical Association: Letter dated January 18, 1994, from Joel
Dunnington to Chairman Waxman re Smoke-free Environment Act
of1993 157
/
ENVIRONMENTAL TOBACCO SMOKE
MONDAY, FEBRUARY 7, 1994
House of Representatives,
Committee on Energy and Commerce,
Subcommittee on Health and the Environment,
Washington, DC.
The subcommittee met, pursuant to notice, at 9:15 a.m., in room
2123, Raybum House Office Building, Hon. Henry A. Waxman
(chairman) presiding.
Mr. Waxman. Good morning. The subcommittee will please come
to order.
We want to welcome everybody to this hearing on environmental
tobacco smoke and the Smoke Free Environment Act, H.R. 3434.
This is a hist—oric hearing. This hearing is—the first time that any
administration Democrat or Republican has supported com-
prehensive nationwide restrictions on smoking. This hearing is the
first time that six Surgeons General have appeared together before
Congress on any issue. The Surgeons General present today rep-
resent 25 years of unbroken service to the last six administrations.
They are here at this unprecedented hearing for only one purpose:
to stop the devastating health impacts caused by exposure to envi-
ronmental tobacco smoke.
And, I believe, this hearing marks a turning point. The national
mood has changed. While the tobacco industry remains a formida-
ble force, the American public has awakened to the dangers ofenvi-
ronmental tobacco smoke and is demanding tough Federal action.
The administration has heard the public's message. Today, EPA
administrator Carol Browner will support the Smoke-Free Environ-
ment Act. This far-reaching and long overdue legislation imple-
ments policy recommendations made by the Administrator at a
subcommittee hearing last July. It guarantees all Americans pro-
tection from involuntary exposure to tobacco smoke.
Will we in Congress get the message, too? Some pe—ople say that
Congress can't pass the Smoke Free Environment Act that special
interests, especially the tobacco companies, have too much power
here.
I disagree. Those ofus fighting for smoke-free environments have
an overwhelming advantage over the tobacco companies. We are
armed with sound science, inexpensive solutions, and the knowl-
edge that millions of kids too young to fight for themselves are
counting on us.
The American people will no longer be fooled by the lies and dis-
tortions ofthe tobacco industry. The indisputable fact is, the health
of nonsmokers, especially children, is severely jeopardized by expo-
CD
—
sure to environmental tobacco smoke. No tobacco industry cam-
paign of misinformation will lessen the determination of parents to
protect their children fr—om exposure to the Nation's most wide-
spread class A carcinogen environm—ental tobacco smoke.
Those ofu—s in the audience today especially the members ofthe
news media have a special responsibility. The tobacco companies
thrive in darkness. No Members of Congress can justify a vote
against the Smoke-Free Environment Act on policy grounds. Ex-
pose what—we are doing to the American public, hold each of us ac-
countable and this bill will become law this year.
At my request, Administrator Browner is preparing a cost-benefit
analysis ofthe Smoke-Free Environment Act. The preliminary find-
ings are now in. And they are compelling.
Compliance with H.R. 3434 will cost less than $1 billion a year.
For this investment, each year the Nation will save over $100 bil-
lion, including $5 to $10 billion in the costs of building mainte-
nance; $6.5 to $19 billion in medical costs and reductions in lost
earnings; and 38,000 to 108,000 lives.
I want to repeat this last point again. Enactment of H.R. 3434
would save the lives of 38,000 to 108,000 Americans each year. The
economic value of these lives saved is conservatively estimated to
be $177 to $513 billion by EPA.
I don't look at this issue as an economist, however; I look at it
as a parent. When I think about environmental tobacco smoke, I
see the faces of children like 5-year-old Max Graham and 9-year-
old Michelle Dart. Just 6 months ago these brave children told the
subcommittee how exposure to the smoke from even a single ciga-
rette can trigger an asthma attack.
In Michelle's words, "I get dizzy, I start to sneeze, I can't breathe
very well, and sometimes I get too much smoke in my lungs and
go into the hospital.—"
No air pollutant especially one that is so easily prevented
should ever be allowed to cause so much harm to an innocent child.
Whether you look at this issue through the compassionate eyes
of a parent or through the green e—ye shades of an economist,—the
conclusion is the same. It is wrong morally and economically to
expose anyone, especially children, to the hazards oftobacco smoke.
Each of us deserves the right to a healthy and smoke-free environ-
ment.
We look forward to hearing the testimony of our witnesses. But
before calling on them, I want to recognize members of the sub-
committee, and first the distinguished Ranking Republican Mem-
ber, Mr. Bliley.
[The text ofH.R. 3434 follows:]
103d congress H. R. 3434
2d Session
To amend the Public Health Service Act to protect the public from health
hazards caused by exposure to enviromnental tobacco smoke, and for
otherpurposes.
IN THE HOUSE OF REPRESENTATIVES
November 3, 1993
Mr. Waxman (for himself, Mr. Hansen, Mr. Barrett of Wisconsin, Mr.
Beilenson, Mr. Brown ofOhio, Mr. Bryant, Mrs. Collins ofIllinois,
Mr. Dellums, Mr. DURBIN, Mr. Farr of California, Mr. Fogleetta,
Ms. FuRSE, Mr. Huffington, Mr. Johnston of Florida, Mr.
Kreidler, Mr. LaFalce, Mr. Lewis of Georgia, Ms. Margolies-
Mezvdcsky, Mr. Market, Mr. Mazzou, Mr. McDermott, Ms. McKin-
NEY, Mr. Meehan, Mr. Miller of California, Mr. Oberstar, Ms.
Pelosi, Mr. Richardson, Ms. Schenk, Mrs. Schroeder, Mr.
Serrano, Mr. Stark, Mr. Synar, Mr. Torres, Mr. Traficant, Ms.
Waters, and Mr. Wyden) introduced the following bill; which was re-
ferred tothe Committee on Energyand Commerce
March 18, 1994
Additional sponsors: Mr. Ackerman, Mr. EdwardsofCalifornia, Mr. Evans,
Mr. Faleomavaega, Mr. FiLNER, Mr. FROST, Mr. Matsui, Mr. Owens,
Mr. Yates, Mr. Conyers, Mr. Jacobs, Mr. Jefferson, Mr. Nadler,
Mr. Becerra, Mr. Gene Green of Texas, Mr. Olver, Mr. Sant)Ers,
Ms. Velazquez, Mr. Goodling, Mr. Moran, Mr. Rangel, Ms. Eshoo,
Ms. Eddie Bernice Johnson of Texas, Mrs. Morella, Mr. Orton,
Mr. PENNTf, Mr. Romero-Barcelo, Ms. Shepherd, and Ms. Slaugh-
ter
A
BILL
To amend the Public Health Service Act to protect the
public from health hazards caused by exposure to envi-
ronmental tobacco smoke, and for other purposes.
—
2
1 Be it enacted hy the Senate and House ofRepresenta-
2 tives ofthe United States ofAmerica in Congress assembled,
3 SECTION 1. SHORTTITLE.
4 This Act may be cited as the "Smoke-Free Environ-
5 meritAct of 1993".
6 SEC.2. SMOKE-FREEENVIRONMENTPOUCY.
7 The PubHc Health Service Act is amended by adding
8 the following new title at the end thereof:
9 "TITLE XXVII—SMOKE-FREE ENVIRONMENTS
10 "SEC. 2701. SMOKE-FREE ENVIRONMENTPOLICY,
—
11 "(a) Policy Required. In order to protect chil-
12 dren and adults from cancer, respiratory disease, heart
13 disease, and other adverse health effects from breathing
14 environmental tobacco smoke, the responsible entity for
15 each public facility shall adopt and implement at such fa-
16 cility a smoke-free environment policy which meets the re-
17 quirements ofsubsection (b).
—
18 "(b) Elements of Policy, Each smoke-free envi-
19 ronment policyfor a public facility shall
20 "(1) prohibit the smoking of cigarettes, cigars,
21 and pipes, and any other combustion of tobacco,
22 within the facility and on facility property within the
23 immediate vicinity of the entrance to the facility;
24 and
•HR 3434 SC