`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 881 Engrossed in House (EH)]

103d CONGRESS

  1st Session

                               H. R. 881

_______________________________________________________________________

                                 AN ACT

               To prohibit smoking in Federal buildings.






103d CONGRESS
  1st Session
                                H. R. 881

_______________________________________________________________________

                                 AN ACT


 
               To prohibit smoking in Federal buildings.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ban on Smoking in Federal Buildings 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) environmental tobacco smoke is a cause of lung cancer 
        in healthy nonsmokers and is responsible for acute and chronic 
        respiratory problems and other health impacts among sensitive 
        populations;
            (2) environmental tobacco smoke comes from secondhand smoke 
        exhaled by smokers and sidestream smoke emitted from the 
        burning of cigarettes, cigars, and pipes;
            (3) citizens of the United States spend up to 90 percent of 
        a day indoors and, consequently, there is a significant 
        potential for exposure to environmental tobacco smoke from 
        indoor air;
            (4) exposure to environmental tobacco smoke occurs in 
        public buildings and other indoor facilities;
            (5) the health risks posed by environmental tobacco smoke 
        exceed the risks posed by many environmental pollutants 
        regulated by the Environmental Protection Agency; and
            (6) the Administrator of General Services, having broad 
        authority and longstanding experience with respect to the 
        acquisition and management (including restriction of smoking) 
        of space occupied by Federal employees, is particularly 
        qualified to issue regulations to institute and enforce a 
        prohibition on smoking in such space.

SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.

    (a) Smoking Prohibition.--
            (1) General rule.--On and after the 180th day after the 
        date of the enactment of this Act, smoking shall be prohibited 
        in any indoor portion of a Federal building, except in areas 
        designated pursuant to paragraph (2).
            (2) Designation of smoking areas.--The head of a Federal 
        agency may permit smoking in a designated area of a Federal 
        building owned or leased for use by such agency if such area--
                    (A) is ventilated separately from other portions of 
                the Federal building;
                    (B) is ventilated using a method determined by the 
                Administrator of General Services to be at least as 
                effective as the method described in subparagraph (A); 
                or
                    (C) is ventilated in accordance with Federal indoor 
                air quality standards for environmental tobacco smoke, 
                if such standards are in effect.
    (b) Enforcement.--
            (1) Executive branch buildings.--
                    (A) In general.--The Administrator of General 
                Services shall issue regulations, and take such other 
                actions as may be necessary, to institute and enforce 
                the prohibition contained in subsection (a) as such 
                prohibition applies to Federal buildings owned or 
                leased for use by an Executive agency.
                    (B) Delegation.--The Administrator is authorized to 
                delegate, and to authorize the redelegation of, any 
                authority vested in the Administrator under 
                subparagraph (A) (except for the authority to issue 
                regulations) to any official of the General Services 
                Administration or to the head of any other Executive 
                agency.
            (2) Judicial branch buildings.--The Director of the 
        Administrative Office of the United States Courts, after 
        consultation with the Administrator of General Services, shall 
        take such actions as may be necessary to institute and enforce 
        the prohibition contained in subsection (a) as such prohibition 
        applies to Federal buildings owned or leased for use by an 
        establishment in the judicial branch of the Government.
            (3) Legislative branch buildings.--
                    (A) House of representatives.--The House Office 
                Building Commission shall take such actions as may be 
                necessary to institute and enforce the prohibition 
                contained in subsection (a) as such prohibition applies 
                to Federal buildings owned or leased for use by the 
                House of Representatives.
                    (B) Senate.--The Committee on Rules and 
                Administration of the Senate shall take such actions as 
                may be necessary to institute and enforce the 
                prohibition contained in subsection (a) as such 
                prohibition applies to Federal buildings owned or 
                leased for use by the Senate.
                    (C) Other establishments.--The Architect of the 
                Capitol shall take such actions as may be necessary to 
                institute and enforce the prohibition contained in 
                subsection (a) as such prohibition applies to Federal 
                buildings owned or leased for use by an establishment 
                in the legislative branch of the Government (other than 
                the House of Representatives and the Senate).

SEC. 4. REPORT.

    Not later than 2 years after the date of the enactment of this Act, 
the Administrator of General Services shall transmit to the Committees 
on Public Works and Transportation and on Government Operations of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report containing--
            (1) information concerning the degree of compliance with 
        this Act; and
            (2) information on research and development conducted by 
        the Administrator on methods of ventilation which are at least 
        as effective as the method described in section 3(a)(2)(A).

SEC. 5. PREEMPTION.

    Nothing in this Act is intended to preempt any provision of law of 
a State or political subdivision of a State that is more restrictive 
than a provision of this Act.

SEC. 6. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Executive agency.--The term ``Executive agency'' has 
        the same meaning such term has under section 105 of title 5, 
        United States Code.
            (2) Federal agency.--The term ``Federal agency'' means any 
        Executive agency or any establishments in the legislative or 
        judicial branches of the Government.
            (3) Federal building.--The term ``Federal building'' means 
        any building or other structure (or portion thereof) owned or 
        leased for use by a Federal agency; except that the term shall 
        not include any building or other structure on a military 
        installation, any health care facility under the jurisdiction 
        of the Secretary of Veterans Affairs, or any area of a building 
        that is used primarily as living quarters.
            (4) Military installation.--The term ``military 
        installation'' means a base, camp, post, station, yard, center, 
        homeport facility for any ship, or other activity under the 
        jurisdiction of the Department of Defense, including any leased 
        facility. Such term does not include any facility used 
        primarily for civil works, rivers and harbors projects, or 
        flood control projects.

            Passed the House of Representatives November 15, 1993.

            Attest:






                                                                 Clerk.`