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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ban on Smoking in
Federal Buildings Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) environmental tobacco smoke is a cause of
lung cancer in healthy nonsmokers and is respon-
sible for acute and chronic respiratory problems and
other health impacts among sensitive populations;
(2) environmental tobacco smoke comes from
secondhand 
smoke 
exhaled 
by 
smokers 
and
sidestream smoke emitted from the burning of ciga-
rettes, cigars, and pipes;
(3) citizens of the United States spend up to 90
percent of a day indoors and, consequently, there is
a significant potential for exposure to environmental
tobacco smoke from indoor air;
(4) exposure to environmental tobacco smoke
occurs in public buildings and other indoor facilities;
(5) the health risks posed by environmental to-
bacco smoke exceed the risks posed by many envi-
ronmental pollutants regulated by the Environ-
mental Protection Agency; and
(6) the Administrator of General Services, hav-
ing broad authority and longstanding experience
with respect to the acquisition and management (in-
cluding restriction of smoking) of space occupied by
Federal employees, is particularly qualified to issue
regulations to institute and enforce a prohibition on
smoking in such space.
SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.
(a) SMOKING PROHIBITION.—
(1) GENERAL RULE.—On and after the 180th
day after the date of the enactment of this Act,
smoking shall be prohibited in any indoor portion of
a Federal building, except in areas designated pur-
suant to paragraph (2).
(2) DESIGNATION
OF
SMOKING
AREAS.—The
head of a Federal agency may permit smoking in a
designated area of a Federal building owned or
leased for use by such agency if such area—
(A) is ventilated separately from other por-
tions of the Federal building;
(B) is ventilated using a method deter-
mined by the Administrator of General Services
to be at least as effective as the method de-
scribed in subparagraph (A); or
(C) is ventilated in accordance with Fed-
eral indoor air quality standards for environ-
mental tobacco smoke, if such standards are in
effect.
(b) ENFORCEMENT.—
(1) EXECUTIVE BRANCH BUILDINGS.—
(A) IN GENERAL.—The Administrator of
General Services shall issue regulations, and
take such other actions as may be necessary, to
institute and enforce the prohibition contained
in subsection (a) as such prohibition applies to
Federal buildings owned or leased for use by an
Executive agency.
(B) DELEGATION.—The Administrator is
authorized to delegate, and to authorize the re-
delegation of, any authority vested in the Ad-
ministrator under subparagraph (A) (except for
the authority to issue regulations) to any offi-
cial of the General Services Administration or
to the head of any other Executive agency.
(2) JUDICIAL BRANCH BUILDINGS.—The Direc-
tor of the Administrative Office of the United States
Courts, after consultation with the Administrator of
General Services, shall take such actions as may be
necessary to institute and enforce the prohibition
contained in subsection (a) as such prohibition ap-
plies to Federal buildings owned or leased for use by
an establishment in the judicial branch of the Gov-
ernment.
(3) LEGISLATIVE BRANCH BUILDINGS.—
(A) HOUSE
OF
REPRESENTATIVES.—The
House Office Building Commission shall take
such actions as may be necessary to institute
and enforce the prohibition contained in sub-
section (a) as such prohibition applies to Fed-
eral buildings owned or leased for use by the
House of Representatives.
(B) SENATE.—The Committee on Rules
and Administration of the Senate shall take
such actions as may be necessary to institute
and enforce the prohibition contained in sub-
section (a) as such prohibition applies to Fed-
eral buildings owned or leased for use by the
Senate.
(C) OTHER
ESTABLISHMENTS.—The Ar-
chitect of the Capitol shall take such actions as
may be necessary to institute and enforce the
prohibition contained in subsection (a) as such
prohibition applies to Federal buildings owned
or leased for use by an establishment in the leg-
islative branch of the Government (other than
the House of Representatives and the Senate).
SEC. 4. REPORT.
Not later than 2 years after the date of the enact-
ment of this Act, the Administrator of General Services
shall transmit to the Committees on Public Works and
Transportation and on Government Operations of the
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate a report contain-
ing—
(1) information concerning the degree of com-
pliance with this Act; and
(2) information on research and development
conducted by the Administrator on methods of ven-
tilation which are at least as effective as the method
described in section 3(a)(2)(A).
SEC. 5. PREEMPTION.
Nothing in this Act is intended to preempt any provi-
sion of law of a State or political subdivision of a State
that is more restrictive than a provision of this Act.
SEC. 6. DEFINITIONS.
For the purposes of this Act, the following definitions
apply:
(1) EXECUTIVE AGENCY.—The term ‘‘Executive
agency’’ has the same meaning such term has under
section 105 of title 5, United States Code.
(2) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ means any Executive agency or any estab-
lishments in the legislative or judicial branches of
the Government.
(3) FEDERAL BUILDING.—The term ‘‘Federal
building’’ means any building or other structure (or
portion thereof) owned or leased for use by a Fed-
eral agency; except that the term shall not include
any building or other structure on a military instal-
lation, any health care facility under the jurisdiction
of the Secretary of Veterans Affairs, or any area of
a building that is used primarily as living quarters.
(4) MILITARY INSTALLATION.—The term ‘‘mili-
tary installation’’ means a base, camp, post, station,
yard, center, homeport facility for any ship, or other
activity under the jurisdiction of the Department of
Defense, including any leased facility. Such term
does not include any facility used primarily for civil
works, rivers and harbors projects, or flood control
projects.
Passed the House of Representatives November 15,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.