Union Calendar No. 193

103D CONGRESS

1ST SESSION H. R. 881

[Report No. 103–298, Part I]

A BILL

To prohibit smoking in Federal buildings.

NOVEMBER 12, 1993

Committee on Government Operations discharged; comState of the Union mitted to the Committee of the Whole House on the
IB

Union Calendar No. 193

103D CONGRESS

1ST SESSION H. R. 881

[Report No. 103–298, Part I]

To prohibit smoking in Federal buildings.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 16, 1993

Mr. TRAFICANT introduced the following bill; which was referred to the

Committee on Public Works and Transportation

OCTOBER 15, 1993

Reported with an amendment and referred to the Committee on Government

Operations for a period ending not later than November 12, 1993, for

consideration of such provisions of the bill and amendment as fall within

the jurisdiction of that committee pursuant to clause 1(j), rule X

NOVEMBER 12, 1993

Additional sponsors: Ms. EDDIE BERNICE JOHNSON of Texas, Mr. LIPINSKI,

Mr. KLEIN, Mr. MANN, Mr. GIBBONS, Ms. VELA ́ZQUEZ, Mr. FROST, Mr.

LAZIO, Mr. DURBIN, Mr. TUCKER, Mr. FALEOMAVAEGA, Mr. REYNOLDS,

Mr. ZELIFF, Mr. MCKEON, Ms. MOLINARI, Mr. SMITH of New Jersey,

Mr. OLVER, Mr. STUDDS, Ms. MCKINNEY, Mr. GENE GREEN of Texas,

Mr. MEEHAN, Mr. DEFAZIO, Mr. BLACKWELL, Mr. HUFFINGTON, Mr.

SERRANO, Ms. NORTON, Mr. OBERSTAR, Mr. HAMBURG, Mr. SWETT, Mr.

HORN, Ms. SCHENK, Mr. LAFALCE, Mr. WAXMAN, Mrs. SCHROEDER,

Mrs. COLLINS of Illinois, Mrs. JOHNSON of Connecticut, Mr. MINETA,

Mr. MAZZOLI, Mr. JACOBS, Mr. EVANS, Mr. CASTLE, Mr. JOHNSTON of

Florida, Mr. VISCLOSKY, and Mr. MCDERMOTT

NOVEMBER 12, 1993

Committee on Government Operations discharged; committed to the

Committee of the Whole House on the State of the Union

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 16, 1993]
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A BILL

To prohibit smoking in 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 ‘‘Ban on Smoking in

5 Federal Buildings Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) environmental tobacco smoke is a cause of

9 lung cancer in healthy nonsmokers and is responsible

10 for acute and chronic respiratory problems and other

11 health impacts among sensitive populations;

12 (2) environmental tobacco smoke comes from sec13 ondhand smoke exhaled by smokers and sidestream

14 smoke emitted from the burning of cigarettes, cigars,

15 and pipe;

16 (3) citizens of the United States spend up to 90

17 percent of a day indoor and, consequently, there is a

18 significant potential for exposure to environmental to19 bacco smoke from indoor air;

20 (4) exposure to environmental tobacco smoke oc21 curs in public buildings and other indoor facilities;

22 and
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1 (5) the health risks posed by environmental to2 bacco smoke exceed the risks posed by many environ3 mental pollutants regulated by the Environmental

4 Protection Agency.

5 SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.

6 (a) SMOKING PROHIBITION.—

7 (1) GENERAL RULE.—On and after the 180th

8 day after the date of the enactment of this Act, smok9 ing shall be prohibited in any indoor portion of a

10 Federal building, except in area designated pursuant

11 to paragraph (2).

12 (2) DESIGNATION OF SMOKING AREAS.—The

13 head of a Federal agency may permit smoking in a

14 designated area of a Federal building owned or leased

15 for use by such agency if such area—

16 (A) is ventilated separately from other por17 tions of the Federal building;

18 (B) is ventilated using a method determined

19 by the Administrator of General Services to be at

20 least as effective as the method described in sub21 paragraph (A); or

22 (C) is ventilated in accordance with Federal

23 indoor air quality standards for environmental

24 tobacco smoke, if such standards are in effect.

25 (b) ENFORCEMENT.—
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1 (1) EXECUTIVE BRANCH BUILDINGS.—The Ad2 ministrator of General Services shall issue regula3 tions, and take such other actions as may be nec4 essary, to institute and enforce the prohibition con5 tained in subsection (a) as such prohibition applies

6 to Federal buildings owned or leased for use by an

7 Executive Agency.

8 (2) JUDICIAL BRANCH BUILDINGS.—The Director

9 of the Administrative Office of the United States

10 Courts shall take such actions as may be necessary to

11 institute and enforce the prohibition contained in

12 subsection (a) as such prohibition applies to Federal

13 buildings owned or leased for use by an establishment

14 in the judicial branch of the Government.

15 (3) LEGISLATIVE BRANCH BUILDINGS.—

16 (A) HOUSE OF REPRESENTATIVES.—The

17 House Office Building Commission shall take

18 such actions as may be necessary to institute

19 and enforce the prohibition contained in sub20 section (a) as such prohibition applies to Federal

21 buildings owned or leased for use by the House

22 of Representatives.

23 (B) SENATE.—The Committee on Rules and

24 Administration of the Senate shall take such ac25 tions as may be necessary to institute and en-
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1 force the prohibition contained in subsection (a)

2 as such prohibition applies to Federal buildings

3 owned or leased for use by the Senate.

4 (C) OTHER ESTABLISHMENTS.—The Archi5 tect of the Capitol shall take such actions as may

6 be necessary to institute and enforce the prohibi7 tion contained in subsection (a) as such prohibi8 tion applies to Federal buildings owned or leased

9 for use by an establishment in the legislative

10 branch of the Government (other than the House

11 of Representatives and the Senate).

12 SEC. 4. REPORT.

13 Not later than 2 years after the date of the enactment

14 of this Act, the Administrator of General Services shall

15 transmit to the Committee on Public Works and Transpor16 tation of the House of Representatives and the Committee

17 on Environment and Public Works of the Senate a report

18 containing—

19 (1) information concerning the degree of compli20 ance with this Act; and

21 (2) information on research and development

22 conducted by the Administrator on methods of ven23 tilation which are at least as effective as the method

24 described in section 3(a)(2)(A).
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1 SEC. 5. PREEMPTION.

2 Nothing in this Act is intended to preempt any provi3 sion of law of a State or political subdivision of a State

4 that is more restrictive than a provision of this Act.

5 SEC. 6. DEFINITIONS.

6 For the purposes of this Act, the following definitions

7 apply:

8 (1) EXECUTIVE AGENCY.—The term ‘‘Executive

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

10 section 105 of title 5, United States Code.

11 (2) FEDERAL AGENCY.—The term ‘‘Federal agen12 cy’’ means any Executive agency or any establish13 ments in the legislative or judicial branches of the

14 Government.

15 (3) FEDERAL BUILDINGS.—The term ‘‘Federal

16 buildings’’ means any building or other structure (or

17 portion thereof owned or leased for use by a Federal

18 agency; except that the term shall not include any

19 building or other structure on a military installation,

20 any health care facility under the jurisdiction of the

21 Secretary of Veterans Affairs, or any area of a build22 ing that is used primarily as living quarters.

23 (4) MILITARY INSTALLATION.—The term ‘‘mili24 tary installation’’ means a base, camp, post, station,

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

26 activity under the jurisdiction of the Department of
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1 Defense, including any leased facility. Such term does

2 not include any facility used primarily for civil

3 works, rivers, and harbors project, or flood control

4 projects.