I 

111TH CONGRESS 

1ST SESSION H. R. 4105 

To prohibit smoking near executive, legislative, and judicial branch entryways. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2009 

Mr. ENGEL introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committees 

on House Administration and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit smoking near executive, legislative, and judicial 

branch entryways. 

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 ‘‘Healthy Air for Fed5 eral Workers Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) in 2006, the Surgeon General concluded in 

9 a report entitled ‘‘The Health Consequences of InVerDate Nov 24 2008 00:00 Nov 19, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4105.IH H4105

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1 voluntary Exposure to Tobacco Smoke’’ that there is 

2 no safe level of exposure to secondhand smoke; 

3 (2) secondhand smoke causes disease and pre4 mature death in children and adults who do not 

5 smoke; 

6 (3) exposure to secondhand smoke by adults 

7 has immediate adverse effects on the cardiovascular 

8 system and causes coronary heart disease and lung 

9 cancer; 

10 (4) according to the Surgeon General, the only 

11 way to prevent exposure from secondhand smoke is 

12 to eliminate it, and other approaches, such as air 

13 ventilation systems and smoking and nonsmoking 

14 sections, do not eliminate exposure to secondhand 

15 smoke; and 

16 (5) according to the American Lung Associa17 tion, 23 States have passed comprehensive smoke18 free laws that protect workers. 

19 SEC. 3. SMOKING PROHIBITION OUTSIDE FEDERAL BUILD20 INGS. 

21 (a) SMOKING PROHIBITION.—The smoking of to22 bacco products is prohibited in any area outside of a Fed23 eral building which is within 25 feet of any of the build24 ing’s entrances, exits, windows that open, or ventilation 


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1 intakes that serve an enclosed area of the building where 

2 smoking is prohibited. 

3 (b) EXCEPTION.—Subsection (a) does not apply to 

4 the smoking of tobacco products which occurs solely for 

5 purposes of research on smoking which is conducted by 

6 an agency. 

7 SEC. 4. ENFORCEMENT. 

8 (a) EXECUTIVE BRANCH BUILDINGS.—The Adminis9 trator of General Services, in conjunction with the heads 

10 of agencies, is responsible for implementing and enforcing 

11 compliance with this Act with respect to Federal buildings 

12 used by agencies. 

13 (b) LEGISLATIVE BRANCH BUILDINGS.— 

14 (1) HOUSE BUILDINGS.—The House Office 

15 Building Commission shall take such actions as may 

16 be necessary to institute and enforce the prohibition 

17 in section 3 in Federal buildings used by offices of 

18 the House of Representatives. 

19 (2) SENATE BUILDINGS.—The Committee on 

20 Rules and Administration of the Senate shall take 

21 such actions as may be necessary to institute and 

22 enforce the prohibition in section 3 in Federal build23 ings used by offices of the Senate. 

24 (3) OTHER BUILDINGS.—The Architect of the 

25 Capitol shall take such actions as may be necessary 


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1 to institute and enforce the prohibition in section 3 

2 in Federal buildings used by offices of the legislative 

3 branch other than offices of the House of Represent4 atives or Senate. 

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

6 the Administrative Office of the United States Courts 

7 shall take such actions as are necessary to institute and 

8 enforce the prohibition in section 3 in Federal buildings 

9 used by the Federal courts, or by any office of the judicial 

10 branch, with respect to which the Director has responsibil11 ities under title 28, United States Code. 

12 (d) DATE OF IMPLEMENTATION.—Implementation of 

13 this Act shall begin within 3 months after the date of the 

14 enactment of this Act. 

15 (e) ADDITIONAL ACTIVITIES.—The Administrator of 

16 General Services, in conjunction with agency heads, shall, 

17 with respect to the Federal buildings described in sub18 section (a), and the Director of the Administrative Office 

19 of the United States Courts shall, with respect to Federal 

20 buildings described in subsection (c), inform all employees 

21 and visitors to Federal buildings about the smoke-free pol22 icy, educate employees about the dangers of exposure to 

23 secondhand smoke, and undertake related activities as de24 termined necessary by the Administrator or Director, as 

25 the case may be. 


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1 SEC. 5. NO LIMITATION OR PREEMPTION OF MORE PRO2 TECTIVE POLICIES. 

3 (a) NO LIMITATION.—Nothing in this Act shall be 

4 construed as limiting the head of an agency, the House 

5 Office Building Commission, the Committee on Rules and 

6 Administration of the Senate, the Architect of the Capitol, 

7 or the Director of the Administrative Office of the United 

8 States Courts from establishing more protective policies 

9 on smoking in the workplace. 

10 (b) NO PREEMPTION.—Nothing in this Act shall pre11 empt or otherwise affect any other Federal, State, or local 

12 law that provides greater protection from the health haz13 ards of secondhand smoke. 

14 SEC. 6. REPORT. 

15 Not later than 6 months after the date of the enact16 ment of this Act, the Administrator of General Services 

17 and the Director of the Administrative Office of the 

18 United States Courts shall each submit to Congress a re19 port on the status of the implementation of this Act with 

20 respect to the executive and judicial branches of the Gov21 ernment, respectively. 

22 SEC. 7. DEFINITIONS. 

23 In this Act: 

24 (1) FEDERAL BUILDING.—The term ‘‘Federal 

25 building’’ means any building— 


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1 (A) which is owned by the Federal Govern2 ment for the use of any office of the executive 

3 branch or legislative branch, or by any Federal 

4 court or any office of the judicial branch; or 

5 (B) which is leased by the Federal Govern6 ment for the use of any office of the executive 

7 branch or legislative branch, or by any Federal 

8 court or any office of the judicial branch, and 

9 which is under the jurisdiction and control of 

10 that office or court. 

11 (2) AGENCY.—The term ‘‘agency’’ means an 

12 Executive agency, as defined in section 105 of title 

13 5, United States Code, and includes any employing 

14 unit or authority of the Federal Government, includ15 ing independent agencies, other than those of the 

16 legislative and judicial branches, but includes the 

17 United States Tax Court and the United States 

18 Court of Appeals for Veterans Claims. 

19 (3) SMOKING.—The term ‘‘smoking’’ includes 

20 the smoking of cigarettes, cigars, pipes, and any 

21 other combustion of tobacco. 

Æ 


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