I 

111TH CONGRESS 

1ST SESSION H. R. 4131 

To prohibit smoking in and around Federal buildings. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2009 

Mr. ADLER of New Jersey (for himself and Ms. DEGETTE) 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 in and around 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 ‘‘Smoke-Free Federal 

5 Workplace Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Secondhand smoke contains more than 

9 4,000 chemicals, including at least 69 carcinogens. 


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1 (2) Secondhand smoke is responsible for almost 

2 50,000 deaths in the United States each year. 

3 (3) In 2006, the Surgeon General of the United 

4 States concluded that there is no safe level of expo5 sure to secondhand smoke. 

6 (4) Secondhand smoke causes lung cancer and 

7 heart disease among adults who do not smoke. 

8 (5) Workplaces are a major source of second9 hand smoke exposure. 

10 (6) The Surgeon General has concluded that 

11 smoke-free workplace policies are the only effective 

12 way to eliminate secondhand smoke exposure in the 

13 workplace. Separating smokers from nonsmokers, 

14 cleaning the air, and ventilating buildings cannot 

15 eliminate exposure. 

16 (7) An October 2009 report ‘‘Secondhand 

17 Smoke Exposure and Cardiovascular Effects: Mak18 ing Sense of the Evidence’’ from the Institute of 

19 Medicine concludes that smoke-free laws reduce 

20 heart attacks. 

21 (8) A July 2009 Institute of Medicine report, 

22 ‘‘Combating Tobacco Use in Military and Veteran 

23 Populations’’, recommended that the Department of 

24 Defense, the Armed Services, and the Veterans Ad25 ministration ‘‘raise the priority given to tobacco conVerDate Nov 24 2008 23:42 Nov 20, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4131.IH H4131

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1 trol throughout their organizations’’ with the goal of 

2 achieving a tobacco-free military. 

3 SEC. 3. SMOKE-FREE FEDERAL BUILDINGS. 

4 (a) SMOKE-FREE FEDERAL BUILDINGS.—Not later 

5 than 90 days after the date of the enactment of this Act, 

6 smoking shall be prohibited in Federal buildings. 

7 (b) ENFORCEMENT.— 

8 (1) EXECUTIVE BRANCH BUILDINGS.—Each 

9 agency head or a designee shall take such actions as 

10 may be necessary to institute and enforce the prohi11 bition contained in subsection (a) as such prohibition 

12 applies to all Federal buildings owned or leased for 

13 use by an Executive Agency. 

14 (2) JUDICIAL BRANCH BUILDINGS.—The Direc15 tor of the Administrative Office of the United States 

16 Courts shall take such actions as may be necessary 

17 to institute and enforce the prohibition contained in 

18 subsection (a) as such prohibition applies to all Fed19 eral buildings owned or leased for use by an estab20 lishment in the judicial branch of the Government. 

21 (3) LEGISLATIVE BRANCH BUILDINGS.— 

22 (A) HOUSE OF REPRESENTATIVES.—The 

23 House Office Building Commission shall take 

24 such actions as may be necessary to institute 

25 and enforce the prohibition contained in subVerDate Nov 24 2008 23:42 Nov 20, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4131.IH H4131

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1 section (a) as such prohibition applies to Fed2 eral buildings owned or leased for use by the 

3 House of Representatives. 

4 (B) SENATE.—The Committee on Rules 

5 and Administration of the Senate shall take 

6 such actions as may be necessary to institute 

7 and enforce the prohibition contained in sub8 section (a) as such prohibition applies to Fed9 eral buildings owned or leased for use by the 

10 Senate. 

11 (C) OTHER ESTABLISHMENTS.—The Ar12 chitect of the Capitol shall take such actions as 

13 may be necessary to institute and enforce the 

14 prohibition contained in subsection (a) as such 

15 prohibition applies to all Federal buildings 

16 owned or leased for use by an establishment in 

17 the legislative branch of the Government (other 

18 than the House of Representatives and the Sen19 ate). 

20 (4) FINES FOR NONCOMPLIANCE.— 

21 (A) IN GENERAL.—Each of the officials re22 ferred to in paragraphs (1) through (3) shall 

23 implement an enforcement process to impose a 

24 fine on an individual who fails to comply with 

25 the prohibition contained in subsection (a). 


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1 (B) FINE AMOUNTS.—The official shall 

2 impose a fine of $250.00 for a first offense, 

3 $500.00 for a second offense, and $1,000 for 

4 any subsequent offense. 

5 SEC. 4. PREEMPTION. 

6 (a) IN GENERAL.—Nothing in this Act is intended 

7 to preempt any provision of a law in a State or political 

8 subdivision of a State that is more protective than a provi9 sion of this Act. 

10 (b) MORE PROTECTIVE LAWS.—Nothing in the Act 

11 shall be interpreted as prohibiting a Federal agency or de12 partment, including a military installation or Veterans Ad13 ministration facility from implementing more protective 

14 smoke-free or tobacco-free laws. 

15 SEC. 5. DEFINITIONS. 

16 For the purposes of this Act, the following definitions 

17 apply: 

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

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

20 section 105 of title 5, United States Code. 

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

22 agency’’ means any Executive agency and any estab23 lishment in the legislative or judicial branches of the 

24 Government. 


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

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

3 portion thereof) and 25 feet from the perimeter of 

4 such building, courtyard, areas used for children’s 

5 playgrounds, or structure owned, leased, or leased 

6 for use by a Federal agency; except that such term 

7 does not include any building or other structure on 

8 a military installation, any health care facility under 

9 the jurisdiction of the Secretary of Veterans Affairs, 

10 or any area of a building that is used primarily as 

11 living quarters. 

12 (4) MILITARY INSTALLATION.—The term ‘‘mili13 tary installation’’ means a base, camp, post, station, 

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

15 facility under the jurisdiction of the Department of 

16 Defense, including any leased facility. Such term 

17 does not include any facility used primarily for civil 

18 works (including any rivers and harbors project or 

19 flood control project) or buildings used by civilian 

20 defense employees. 

Æ 


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