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CONTENTS

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Coggins, Chris, principal scientist, R.J. Reynolds Tobacco Co
Cole, Rudy, Restaurants for Sensible Voluntary Policies
DeVito, Mathias J., chairman, Rouse Co....

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Divine, H.A., director, School of Hospitality Management and Tourism,
University of Denver

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Ehrlich, Paul, Jr., former U.S. Surgeon General

139

Eisenberg, Albert C., senior director, Federal Legislative Affairs, Amer-
ican Institute of Architects

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Smoak, Randolph D., Jr., American Medical Association

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Steinfeld, Jesse L., former U.S. Surgeon General

140

Tooker, Richard M., chief medical officer, Kalamazoo County, Mich
Udell, Megan, South Elgin, Ill

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Vagelos, P. Roy, chairman, Merck & Co

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Whitley, Charles O., senior consultant, The Tobacco Institute

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Material submitted for the record-Continued

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Bakery, Confectionary and Tobacco Workers International Union: Statement

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California Restaurant Association: Letter dated March 15, 1994, from
Stanly Kyker to Chairman Waxman

408

ETS Facts

418

Health Insurance Association of America: Letter dated March 15, 1994, from Bill Gradison to Chairman Waxman

409

International Association of Fire Chiefs: Statement

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Mason, James O., former Assistant Secretary, HHS, to House Energy
and Commerce Republican members: Letter dated March 15, 1994
National Council of Chain Restaurants: Statement
National Energy Management Institute: Statement

412

413

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National Medical Association: Letter dated March 17, 1994, from Leonard
Lawrence to Chairman Waxman

416

Restaurant Association of Maryland: Letter dated March 14, 1994, from
Paula Kreuzburg to Chairman Waxman

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Texas Medical Association: Letter dated January 18, 1994, from Joel Dunnington to Chairman Waxman re Smoke-free Environment Act of 1993

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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, Rayburn 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 historic hearing. This hearing is the first time that any administration-Democrat or Republican-has supported comprehensive 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 represent 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 environmental tobacco smoke.

And, I believe, this hearing marks a turning point. The national mood has changed. While the tobacco industry remains a formidable force, the American public has awakened to the dangers of environmental 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 Environment Act. This far-reaching and long overdue legislation implements policy recommendations made by the Administrator at a subcommittee hearing last July. It guarantees all Americans protection from involuntary exposure to tobacco smoke.

Will we in Congress get the message, too? Some people 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 of us fighting for smoke-free environments have an overwhelming advantage over the tobacco companies. We are armed with sound science, inexpensive solutions, and the knowledge 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 distortions of the tobacco industry. The indisputable fact is, the health of nonsmokers, especially children, is severely jeopardized by expo

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sure to environmental tobacco smoke. No tobacco industry campaign of misinformation will lessen the determination of parents to protect their children from exposure to the Nation's most widespread class A carcinogen-environmental tobacco smoke.

Those of us in the audience today-especially the members of the 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. Expose what we are doing to the American public, hold each of us accountable and this bill will become law this year.

At my request, Administrator Browner is preparing a cost-benefit analysis of the Smoke-Free Environment Act. The preliminary findings 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 billion, including $5 to $10 billion in the costs of building maintenance; $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-yearold Michelle Dart. Just 6 months ago these brave children told the subcommittee how exposure to the smoke from even a single cigarette 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 preventedshould 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 eye shades of an economist, the conclusion is the same. It is wrong-morally and economically-to expose anyone, especially children, to the hazards of tobacco smoke. Each of us deserves the right to a healthy and smoke-free environment.

We look forward to hearing the testimony of our witnesses. But before calling on them, I want to recognize members of the subcommittee, and first the distinguished Ranking Republican Member, Mr. Bliley.

[The text of H.R. 3434 follows:]

I

103D CONGRESS 2D SESSION

H.R. 3434

To amend the Public Health Service Act to protect the public from health hazards caused by exposure to environmental tobacco smoke, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 3, 1993

Mr. WAXMAN (for himself, Mr. HANSEN, Mr. BARRETT of Wisconsin, Mr. BEILENSON, Mr. BROWN of Ohio, Mr. BRYANT, Mrs. COLLINS of Illinois, Mr. DELLUMS, Mr. DURBIN, Mr. FARR of California, Mr. FOGLIETTA, Ms. FURSE, Mr. HUFFINGTON, Mr. JOHNSTON of Florida, Mr. KREIDLER, Mr. LAFALCE, Mr. LEWIS of Georgia, Ms. MARGOLIESMEZVINSKY, Mr. MARKEY, Mr. Mazzoli, Mr. MCDERMOTT, Ms. MCKİNNEY, 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 referred to the Committee on Energy and Commerce

MARCH 18, 1994

Additional sponsors: Mr. ACKERMAN, Mr. EDWARDS of California, 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. SANDERS, Ms. VELÁZQUEZ, Mr. GOODLING, Mr. MORAN, Mr. RANGEL, Ms. ESHOO, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. MORELLA, Mr. ORTON, Mr. PENNY, Mr. ROMERO-BARCELÓ, 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 environmental tobacco smoke, and for other purposes.

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