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103D CONGRESS

1ST SESSION H. R. 881

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

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 respon10 sible for acute and chronic respiratory problems and

11 other health impacts among sensitive populations;
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1 (2) environmental tobacco smoke comes from

2 secondhand smoke exhaled by smokers and

3 sidestream smoke emitted from the burning of ciga4 rettes, cigars, and pipes;

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

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

7 a significant potential for exposure to environmental

8 tobacco smoke from indoor air;

9 (4) exposure to environmental tobacco smoke

10 occurs in public buildings and other indoor facilities;

11 and

12 (5) the health risks posed by environmental to13 bacco smoke exceed the risks posed by many envi14 ronmental pollutants regulated by the Environ15 mental Protection Agency.

16 SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.

17 (a) IN GENERAL.—On and after the 180th day after

18 the date of the enactment of this Act, smoking shall be

19 prohibited in any indoor portion of a Federal building and

20 in any other space owned or leased for use by a Federal

21 agency.

22 (b) EXECUTIVE BRANCH BUILDINGS.—The Adminis23 trator of General Services shall issue regulations, and take

24 such other actions as may be necessary, to institute and

25 enforce the prohibition contained in subsection (a) as such
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1 prohibition applies to Federal buildings and other space

2 owned or leased for use by an Executive agency.

3 (c) JUDICIAL BRANCH BUILDINGS.—The Director of

4 the Administrative Office of the United States Courts

5 shall take such actions as may be necessary to institute

6 and enforce the prohibition contained in subsection (a) as

7 such prohibition applies to Federal buildings and other

8 space owned or leased for use by an establishment in the

9 judicial branch of the Government.

10 (d) LEGISLATIVE BRANCH BUILDINGS.—

11 (1) HOUSE OF REPRESENTATIVES.—The House

12 Office Building Commission shall take such actions

13 as may be necessary to institute and enforce the pro14 hibition contained in subsection (a) as such prohibi15 tion applies to Federal buildings and other space

16 owned or leased for use by the House of Representa17 tives.

18 (2) SENATE.—The Committee on Rules and

19 Administration of the Senate shall take such actions

20 as may be necessary to institute and enforce the pro21 hibition contained in subsection (a) as such prohibi22 tion applies to Federal buildings and other space

23 owned or leased for use by the Senate.

24 (3) OTHER ESTABLISHMENTS.—The Architect

25 of the Capitol shall take such actions as may be nec-
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1 essary to institute and enforce the prohibition con2 tained in subsection (a) as such prohibition applies

3 to Federal buildings and other space owned or

4 leased for use by an establishment in the legislative

5 branch of the Government (other than the House of

6 Representatives and the Senate).

7 SEC. 4. REPORT BY ADMINISTRATOR OF GENERAL SERV8 ICES.

9 Not later than 2 years after the date of the enact10 ment of this Act, the Administrator of General Services

11 shall transmit to the Committee on Public Works and

12 Transportation of the House of Representatives and the

13 Committee on Environment and Public Works of the Sen14 ate a report that includes—

15 (1) information concerning the degree of com16 pliance with this Act; and

17 (2) an assessment of the legal status of smok18 ing in public places.

19 SEC. 5. PREEMPTION.

20 Nothing in this Act is intended to preempt any provi21 sion of law of a State or political subdivision of a State

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

23 SEC. 6. DEFINITIONS.

24 For the purposes of this Act, the following definitions

25 apply:
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1 (1) EXECUTIVE AGENCY.—The term ‘‘Executive

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

3 section 105 of title 5, United States Code.

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

5 agency’’ means any Executive agency or any estab6 lishments in the legislative or judicial branches of

7 the Government.

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

9 building’’ means any building or other structure

10 owned or leased for use by a Federal agency, except

11 that the term shall not include any area of a build12 ing that is used primarily as living quarters.

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