2 1 any stairway, elevator, hallway, conveyance, waiting room, 2 reception room, conference room, or hearing room in any 3 such facility. 4 (b) Smokers shall be effectively separated from non5 smokers in any restaurant, cafeteria, snackbar, other dining 6 facility, recreation room, or lounge in any Federal facility. 7 (c) Each instrumentality of the United States shall use 8 reasonable efforts that do not result in excessive cost or 9 administrative disruption to effectively separate the work10 places of its employees who do not smoke and who wish to 11 be so separated from the workplaces of its employees who 12 do smoke. 13 (d) In planning, designing, purchasing, leasing, or oth14 erwise obtaining new facilities, each instrumentality of the 15 United States shall, to the maximum extent practicable, 16 insure the effective separation of smoking and nonsmoking 17 employees in such facilities. 19 SEC. 3. In every area in any Federal facility where 20 smoking is prohibited under section 401, "No Smoking" 21 signs shall be clearly and conspicuously posted in sufficient 22 numbers and prominence to give notice to any person enter23 ing or occupying such area that smoking is prohibited in 24 such area. 1 2 3 ENFORCEMENT SEC. 4. (a) The executive head or chief administrative 3 officer of each instrumentality of the United States shall be 4 responsible for enforcing sections 2 and 3 in any Federal 5 facility in which such instrumentality maintains offices. 6 (b) Not later than ninety days after the date of enact7 ment of this Act, the executive head or chief administrative 8 officer of each instrumentality of the United States shall 9 publish in the Federal Register regulations for the enforce10 ment of sections 2 and 3 including, but not limited to, ap11 propriate sanctions for noncompliance with such sections 12 comparable to sanctions for failure to comply with any other 13 applicable regulation affecting the health, safety, or well14 being of the public or the work force. DEFINITIONS SEC. 5. For the purposes of this Act: (a) the term "smoking" means the smoking or possession of a lighted cigarette, cigar, or pipe containing a tobacco product; and (b) the term "effectively separated" means the separation of areas in which smoking is permitted and in which smoking is not permitted in a manner which minimizes, to the extent practicable, the drift of smoke from the smoking area into the nonsmoking area; 18 4 (c) the term "instrumentality of the United States" means (1) an executive agency, as defined in section. 105 of title 5, United States Code; (2) the United States Postal Service; (3) the Congress; (4), the courts of the United States; and (5) the governments of the territories and possessions of the United States; (d) the term "Federal facility" means— (1) any building, installation, or facility owned by the United States, excepting private residencies, or; (2) any part of any other building, installation, or facility, which part is owned or leased by the United States, excepting private residencies. EFFECTIVE DATE SEC. 6. The provisions of this Act shall take effect 19 ninety days after the date of enactment of this Act. 20 222 ESTABLISHMENT OF A HEALTH PROTECTION TAX 21 SEC. 7. (a) Subsection (b) of section 5701 of the In 22 ternal Revenue Code of 1954 (relating to the rate of tax 23 on cigarettes) is amended to read as follows: "(b) CIGARETTES.— "(1) IMPOSITION OF TAX.-There shall be imposed 5 1 on every eigarette manufactured in or imported in the United States, regardless of weight, which contain "(A) from 10 to 19.9 toxic units a heal protection tax of $0.0025: "(B) from 20 to 29.9 toxie units, a health protection tax of $0.0075; "(C) from 30 to 39.9 toxic units, a health protection tax of $0.015: and "(D) 40 or more toxic units, a health protec tion tax of $0.025. "(2) DEFINITION OF TOXIC UNITS.-For the purposes of subsection (b) (1) above, the number of 'toxic units' means the sum of— "(A) the number of milligrams of 'tar', plus "(B) 10 times the number of the milligrams of 'nicotine' which are contained in such cigarette. “(3) DETERMINATION OF TAR AND NICOTINE CONTENT. "(A) TESTING BY FEDERAL TRADE COMMISSION.-The Federal Trade Commission (hereinafter referred to as the Commission') shall from time to time (but at least once each calendar year) determine or cause to be determined the tar and nicotine content (calculated in milligrams per cigarette) of each brand of cigarettes manufactured in -6 or imported into the United States. The conditions, methods, and procedures for conducting such determinations shall be promulgated by the Commission in regulations issued by it for purposes of this paragraph. Until such time as such regulations are first issued, the conditions, methods, and procedures for conducting such determinations shall be those approved by the Commission for formal testing which are in effect on the date of the enactment of this subsection. "(B) CERTIFICATION TO THE SECRETARY.— During the last calendar quarter of each calendar year, the Chairman of the Commission shall certify to the Secretary the tar and nicotine content of each brand of cigarettes manufactured in or imported into the United States. Such certifications shall be used by the Secretary to determine the rate of tax to be imposed on cigarettes for the period beginning with the first day of the calendar year beginning after such certification is made, and during such calendar year. "(C) The Commission and the Secretary shall promulgate regulations for the purposes of testing, certifying, and imposing taxes under this subsec |