Calendar No. 334

103D CONGRESS

1ST SESSION H. R. 881

AN ACT

To prohibit smoking in Federal buildings.

NOVEMBER 22, 1993

Read the second time and placed on the calendar
II

Calendar No. 334

103D CONGRESS

1ST SESSION H. R. 881

IN THE SENATE OF THE UNITED STATES

NOVEMBER 16 (legislative day, NOVEMBER 2), 1993

Received

NOVEMBER 19 (legislative day, NOVEMBER 2), 1993

Read the first time

NOVEMBER 22, 1993

Read the second time and placed on the calendar

AN ACT

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 respon-
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1 sible for acute and chronic respiratory problems and

2 other health impacts among sensitive populations;

3 (2) environmental tobacco smoke comes from

4 secondhand smoke exhaled by smokers and

5 sidestream smoke emitted from the burning of ciga6 rettes, cigars, and pipes;

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

8 percent of a day indoors and, consequently, there is

9 a significant potential for exposure to environmental

10 tobacco smoke from indoor air;

11 (4) exposure to environmental tobacco smoke

12 occurs in public buildings and other indoor facilities;

13 (5) the health risks posed by environmental to14 bacco smoke exceed the risks posed by many envi15 ronmental pollutants regulated by the Environ16 mental Protection Agency; and

17 (6) the Administrator of General Services, hav18 ing broad authority and longstanding experience

19 with respect to the acquisition and management (in20 cluding restriction of smoking) of space occupied by

21 Federal employees, is particularly qualified to issue

22 regulations to institute and enforce a prohibition on

23 smoking in such space.

24 SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.

25 (a) SMOKING PROHIBITION.—
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1 (1) GENERAL RULE.—On and after the 180th

2 day after the date of the enactment of this Act,

3 smoking shall be prohibited in any indoor portion of

4 a Federal building, except in areas designated pur5 suant to paragraph (2).

6 (2) DESIGNATION OF SMOKING AREAS.—The

7 head of a Federal agency may permit smoking in a

8 designated area of a Federal building owned or

9 leased for use by such agency if such area—

10 (A) is ventilated separately from other por11 tions of the Federal building;

12 (B) is ventilated using a method deter13 mined by the Administrator of General Services

14 to be at least as effective as the method de15 scribed in subparagraph (A); or

16 (C) is ventilated in accordance with Fed17 eral indoor air quality standards for environ18 mental tobacco smoke, if such standards are in

19 effect.

20 (b) ENFORCEMENT.—

21 (1) EXECUTIVE BRANCH BUILDINGS.—

22 (A) IN GENERAL.—The Administrator of

23 General Services shall issue regulations, and

24 take such other actions as may be necessary, to

25 institute and enforce the prohibition contained
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1 in subsection (a) as such prohibition applies to

2 Federal buildings owned or leased for use by an

3 Executive agency.

4 (B) DELEGATION.—The Administrator is

5 authorized to delegate, and to authorize the re6 delegation of, any authority vested in the Ad7 ministrator under subparagraph (A) (except for

8 the authority to issue regulations) to any offi9 cial of the General Services Administration or

10 to the head of any other Executive agency.

11 (2) JUDICIAL BRANCH BUILDINGS.—The Direc12 tor of the Administrative Office of the United States

13 Courts, after consultation with the Administrator of

14 General Services, shall take such actions as may be

15 necessary to institute and enforce the prohibition

16 contained in subsection (a) as such prohibition ap17 plies to Federal buildings owned or leased for use by

18 an establishment in the judicial branch of the Gov19 ernment.

20 (3) LEGISLATIVE BRANCH BUILDINGS.—

21 (A) HOUSE OF REPRESENTATIVES.—The

22 House Office Building Commission shall take

23 such actions as may be necessary to institute

24 and enforce the prohibition contained in sub25 section (a) as such prohibition applies to Fed-
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1 eral buildings owned or leased for use by the

2 House of Representatives.

3 (B) SENATE.—The Committee on Rules

4 and Administration of the Senate shall take

5 such actions as may be necessary to institute

6 and enforce the prohibition contained in sub7 section (a) as such prohibition applies to Fed8 eral buildings owned or leased for use by the

9 Senate.

10 (C) OTHER ESTABLISHMENTS.—The Ar11 chitect of the Capitol shall take such actions as

12 may be necessary to institute and enforce the

13 prohibition contained in subsection (a) as such

14 prohibition applies to Federal buildings owned

15 or leased for use by an establishment in the leg16 islative branch of the Government (other than

17 the House of Representatives and the Senate).

18 SEC. 4. REPORT.

19 Not later than 2 years after the date of the enact20 ment of this Act, the Administrator of General Services

21 shall transmit to the Committees on Public Works and

22 Transportation and on Government Operations of the

23 House of Representatives and the Committee on Environ24 ment and Public Works of the Senate a report contain25 ing—
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1 (1) information concerning the degree of com2 pliance with this Act; and

3 (2) information on research and development

4 conducted by the Administrator on methods of ven5 tilation which are at least as effective as the method

6 described in section 3(a)(2)(A).

7 SEC. 5. PREEMPTION.

8 Nothing in this Act is intended to preempt any provi9 sion of law of a State or political subdivision of a State

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

11 SEC. 6. DEFINITIONS.

12 For the purposes of this Act, the following definitions

13 apply:

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

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

16 section 105 of title 5, United States Code.

17 (2) FEDERAL AGENCY.—The term ‘‘Federal

18 agency’’ means any Executive agency or any estab19 lishments in the legislative or judicial branches of

20 the Government.

21 (3) FEDERAL BUILDING.—The term ‘‘Federal

22 building’’ means any building or other structure (or

23 portion thereof) owned or leased for use by a Fed24 eral agency; except that the term shall not include

25 any building or other structure on a military instal-
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1 lation, any health care facility under the jurisdiction

2 of the Secretary of Veterans Affairs, or any area of

3 a building that is used primarily as living quarters.

4 (4) MILITARY INSTALLATION.—The term ‘‘mili5 tary installation’’ means a base, camp, post, station,

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

7 activity under the jurisdiction of the Department of

8 Defense, including any leased facility. Such term

9 does not include any facility used primarily for civil

10 works, rivers and harbors projects, or flood control

11 projects.

Passed the House of Representatives November 15,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.