I 

112TH CONGRESS 

1ST SESSION H. R. 3382 

To prohibit smoking in and around Federal buildings. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 4, 2011 

Mrs. DAVIS of California (for herself, Mr. MEEKS, Ms. DEGETTE, Mr. HOLT, 

and Mr. FALEOMAVAEGA) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To prohibit smoking in and around Federal buildings. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Smoke-Free Federal 

5 Buildings Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Tobacco smoke contains more than 7,000 

9 chemicals, including at least 69 carcinogens. 

10 (2) Secondhand smoke is responsible for almost 

11 50,000 deaths in the United States each year. 


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1 (3) In 2006, the Surgeon General of the United 

2 States concluded that there is no safe level of expo3 sure to secondhand smoke. 

4 (4) Secondhand smoke causes lung cancer and 

5 heart disease among adults who do not smoke. 

6 (5) Workplaces are a major source of second7 hand smoke exposure. 

8 (6) The Surgeon General has concluded that 

9 smoke-free policies are the only effective way to 

10 eliminate secondhand smoke exposure in the work11 place. Separating smokers from nonsmokers, clean12 ing the air, and ventilating buildings cannot elimi13 nate exposure. 

14 (7) An October 2009 report ‘‘Secondhand 

15 Smoke Exposure and Cardiovascular Effects: Mak16 ing Sense of the Evidence’’ from the Institute of 

17 Medicine concludes that smoke-free laws reduce 

18 heart attacks. 

19 (8) In the ‘‘Ending the Tobacco Epidemic: A 

20 Tobacco Control Strategic Action Plan’’, the Depart21 ment of Health and Human Services calls for a col22 laboration to fully implement tobacco-free facility 

23 policies across the Federal Government. 


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1 SEC. 3. SMOKE-FREE FEDERAL BUILDINGS. 

2 (a) SMOKE-FREE FEDERAL BUILDINGS.—Not later 

3 than 90 days after the date of the enactment of this Act 

4 and except as provided in subsection (c), smoking shall 

5 be prohibited in Federal buildings. 

6 (b) ENFORCEMENT.—Each agency head or a des7 ignee shall take such actions as may be necessary to insti8 tute and enforce the prohibition contained in subsection 

9 (a) as such prohibition applies to all Federal buildings 

10 owned or leased for use by an Executive Agency. 

11 (c) LIMITED EXCEPTION.—The head of an executive 

12 agency may grant a limited exception to the ban on smok13 ing in a Federal building where such agency is housed if 

14 such exception relates to research that may benefit public 

15 health. 

16 SEC. 4. PREEMPTION. 

17 (a) IN GENERAL.—Nothing in this Act is intended 

18 to preempt any provision of a law in a State or political 

19 subdivision of a State that is more protective than a provi20 sion of this Act. 

21 (b) MORE PROTECTIVE LAWS.—Nothing in the Act 

22 shall be interpreted as prohibiting an executive agency or 

23 department, including a military installation from imple24 menting more protective smoke-free or tobacco-free laws. 


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1 SEC. 5. DEFINITIONS. 

2 For the purposes of this Act, the following definitions 

3 apply: 

4 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

5 agency’’ has the same meaning such term has under 

6 section 105 of title 5, United States Code. 

7 (2) FEDERAL BUILDING.—The term ‘‘Federal 

8 building’’ means any building, workplace, or other 

9 structure (or portion thereof) and 25 feet from the 

10 perimeter of such building, courtyard, areas used for 

11 children’s playgrounds, or structure owned, leased, 

12 or leased for use by a executive agency; except that 

13 such term does not include any building or other 

14 structure on a military installation located outside 

15 the United States. 

16 (3) MILITARY INSTALLATION.—The term ‘‘mili17 tary installation’’ means a base, camp, post, station, 

18 yard, center, homeport facility for any ship, or other 

19 facility under the jurisdiction of the Department of 

20 Defense, including any leased facility. Such term 

21 does not include any facility used primarily for civil 

22 works (including any rivers and harbors project or 

23 flood control project) or buildings used by civilian 

24 defense employees. 

Æ 


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