I 
112TH CONGRESS 
1ST SESSION H. R. 3382 
To prohibit smoking in and around Federal buildings. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 4, 2011 
Mrs. DAVIS of California (for herself, Mr. MEEKS, Ms. DEGETTE, Mr. HOLT, 
and Mr. FALEOMAVAEGA) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure 
A BILL 
To prohibit smoking in and around 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 ‘‘Smoke-Free Federal 
Buildings Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Tobacco smoke contains more than 7,000 
chemicals, including at least 69 carcinogens. 
(2) Secondhand smoke is responsible for almost 
50,000 deaths in the United States each year. 
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(3) In 2006, the Surgeon General of the United 
States concluded that there is no safe level of expo-
sure to secondhand smoke. 
(4) Secondhand smoke causes lung cancer and 
heart disease among adults who do not smoke. 
(5) Workplaces are a major source of second-
hand smoke exposure. 
(6) The Surgeon General has concluded that 
smoke-free policies are the only effective way to 
eliminate secondhand smoke exposure in the work-
place. Separating smokers from nonsmokers, clean-
ing the air, and ventilating buildings cannot elimi-
nate exposure. 
(7) An October 2009 report ‘‘Secondhand 
Smoke Exposure and Cardiovascular Effects: Mak-
ing Sense of the Evidence’’ from the Institute of 
Medicine concludes that smoke-free laws reduce 
heart attacks. 
(8) In the ‘‘Ending the Tobacco Epidemic: A 
Tobacco Control Strategic Action Plan’’, the Depart-
ment of Health and Human Services calls for a col-
laboration to fully implement tobacco-free facility 
policies across the Federal Government. 
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SEC. 3. SMOKE-FREE FEDERAL BUILDINGS. 
(a) SMOKE-FREE FEDERAL BUILDINGS.—Not later 
than 90 days after the date of the enactment of this Act 
and except as provided in subsection (c), smoking shall 
be prohibited in Federal buildings. 
(b) ENFORCEMENT.—Each agency head or a des-
ignee shall take such actions as may be necessary to insti-
tute and enforce the prohibition contained in subsection 
(a) as such prohibition applies to all Federal buildings 
owned or leased for use by an Executive Agency. 
(c) LIMITED EXCEPTION.—The head of an executive 
agency may grant a limited exception to the ban on smok-
ing in a Federal building where such agency is housed if 
such exception relates to research that may benefit public 
health. 
SEC. 4. PREEMPTION. 
(a) IN GENERAL.—Nothing in this Act is intended 
to preempt any provision of a law in a State or political 
subdivision of a State that is more protective than a provi-
sion of this Act. 
(b) MORE PROTECTIVE LAWS.—Nothing in the Act 
shall be interpreted as prohibiting an executive agency or 
department, including a military installation from imple-
menting more protective smoke-free or tobacco-free laws. 
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SEC. 5. 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 BUILDING.—The term ‘‘Federal 
building’’ means any building, workplace, or other 
structure (or portion thereof) and 25 feet from the 
perimeter of such building, courtyard, areas used for 
children’s playgrounds, or structure owned, leased, 
or leased for use by a executive agency; except that 
such term does not include any building or other 
structure on a military installation located outside 
the United States. 
(3) MILITARY INSTALLATION.—The term ‘‘mili-
tary installation’’ means a base, camp, post, station, 
yard, center, homeport facility for any ship, or other 
facility under the jurisdiction of the Department of 
Defense, including any leased facility. Such term 
does not include any facility used primarily for civil 
works (including any rivers and harbors project or 
flood control project) or buildings used by civilian 
defense employees. 
Æ 
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