I

103D CONGRESS

2D SESSION H. R. 3845

To limit access by minors to cigarettes through prohibiting the sale of tobacco

products in vending machines and the distribution of free samples of

tobacco products in Federal buildings and property accessible by minors.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 10, 1994

Mr. VISCLOSKY (for himself, Mr. DURBIN, Mr. EVANS, Mr. FOGLIETTA, Mr.

HANSEN, Mr. JACOBS, Mr. LAFALCE, Mr. MEEHAN, and Mr. SLATTERY)

introduced the following bill; which was referred to the Committee on

Public Works and Transportation

A BILL

To limit access by minors to cigarettes through prohibiting

the sale of tobacco products in vending machines and

the distribution of free samples of tobacco products in

Federal buildings and property accessible by minors.

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 ‘‘Prohibition of Ciga5 rette Sales to Minors in Federal Buildings and Lands

6 Act’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) cigarette smoking and the use of smokeless

4 tobacco products continue to represent major health

5 hazards to the Nation, causing approximately

6 434,000 deaths each year;

7 (2) cigarette smoking continues to be the single

8 most preventable cause of death and disability in the

9 United States;

10 (3) tobacco products contain hazardous addi11 tives, gases, and other chemical constituents dan12 gerous to health;

13 (4) the use of tobacco products costs the United

14 States more than $60,000,000,000 in lost productiv15 ity and health care costs;

16 (5) tobacco products contain nicotine, a poison17 ous, addictive drug;

18 (6) despite the known adverse health effects as19 sociated with tobacco, it remains one of the least

20 regulated consumer products and is readily available

21 to children and adolescents throughout the United

22 States;

23 (7) 90 percent of adult smokers start smoking

24 in adolescence or childhood and continue to smoke

25 throughout their adult lives;
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1 (8) each day, more than 3,000 children and

2 adolescents start smoking and collectively consume

3 nearly one billion packs of cigarettes per year;

4 (9) reliable studies indicate that tobacco is a

5 gateway to other, increasingly more harmful drugs,

6 and that tobacco use continues after use of other

7 drugs begins; and

8 (10) the Congress of the United States has a

9 major policy setting role in ensuring that the use of

10 tobacco products among minors is discouraged to the

11 maximum extent possible.

12 SEC. 3. DEFINITIONS.

13 As used in this Act—

14 (1) the term ‘‘Federal agency’’ means—

15 (A) an Executive agency as defined in sec16 tion 105 of title 5, United States Code; and

17 (B) each entity specified in paragraphs (B)

18 through (H) of section 5721(1) of title 5, Unit19 ed States Code;

20 (2) the term ‘‘Federal building’’ means—

21 (A) any building or other structure owned

22 in whole or in part by the United States or any

23 Federal agency, including any such structure

24 occupied by a Federal agency under a lease

25 agreement; and
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1 (B) includes the real property on which

2 such building is located;

3 (3) the term ‘‘minor’’ means an individual

4 under the age of 18 years; and

5 (4) the term ‘‘tobacco product’’ means ciga6 rettes, cigars, little cigars, pipe tobacco, smokeless

7 tobacco, snuff, and chewing tobacco.

8 SEC. 4. TOBACCO PRODUCTS VENDING MACHINE AND FREE

9 SAMPLE BAN IN FEDERAL BUILDINGS.

10 (a) IN GENERAL.—No later than 45 days after the

11 date of the enactment of this Act, the Administrator of

12 General Services and the head of each Federal agency

13 shall promulgate regulations that prohibit—

14 (1) the sale of tobacco products in vending ma15 chines located in or around any Federal building

16 under the jurisdiction of the Administrator or such

17 agency head; and

18 (2) the distribution of free samples of tobacco

19 products in or around any Federal building under

20 the jurisdiction of the Administrator or such agency

21 head.

22 (b) EXCEPTION.—The Administrator of General

23 Services or the head of an agency, as appropriate, may

24 designate areas not subject to the provisions of subsection

25 (a), if such area also prohibits the presence of minors.
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1 (c) JURISDICTION OF FEDERAL BUILDINGS AND AD2 MINISTRATION.—The provisions of this section shall be

3 carried out—

4 (1) by the Administrator of General Services

5 for any Federal building which is maintained, leased,

6 or has title of ownership vested in the General Serv7 ices Administration; or

8 (2) by the head of a Federal agency for any

9 Federal building which is maintained, leased, or has

10 title of ownership vested in such agency.

11 SEC. 5. COMPLIANCE REPORT.

12 No later than 90 days after the date of enactment

13 of this Act, the Administrator of General Services and

14 each head of an agency shall prepare and submit, to the

15 appropriate committees of Congress, a report that shall

16 contain—

17 (1) verification that the Administrator or such

18 head of an agency is in compliance with this Act;

19 and

20 (2) a detailed list of the location of all tobacco

21 product vending machines located in Federal build22 ings under the administration of the Administrator

23 or such head of an agency.
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1 SEC. 6. APPLICATION TO THE UNITED STATES CAPITOL

2 AND GROUNDS.

3 (a) IN GENERAL.—No later than 45 days after the

4 date of the enactment of this Act, the Senate Committee

5 on Rules and Administration and the House of Represent6 atives Committee on House Administration, after con7 sultation with the Architect of the Capitol, shall promul8 gate regulations that—

9 (1) prohibit the sale of tobacco products in

10 vending machines in the Capitol Buildings; and

11 (2) prohibit the distribution of free samples of

12 tobacco products in the Capitol Buildings.

13 (b) EXCEPTION.—Such committees may designate

14 areas where such prohibition shall not apply, if such area

15 also prohibits the presence of minors.

16 (c) DEFINITION.—For the purpose of this section the

17 term ‘‘Capitol Buildings’’ shall have the same meaning as

18 such term is defined under section 16(a)(1) of the Act en19 titled ‘‘An Act to define the area of the United States Cap20 itol Grounds, to regulate the use thereof, and for other

21 purposes’’, approved July 31, 1946 (40 U.S.C. 193m(1)).

22 SEC. 7. RULE OF CONSTRUCTION.

23 Nothing in this Act shall be construed as restricting

24 the authority of the Administrator of General Services or

25 the head of an agency to limit tobacco product use in or
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1 around any Federal building, except as provided under

2 section 4(a).

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