I
105TH CONGRESS
1ST SESSION
H. R. 2118
To prohibit smoking in Federal buildings.
IN THE HOUSE OF REPRESENTATIVES
JULY 8, 1997
Mr. TRAFICANT introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on the Judiciary, and House Oversight, for a period to be subse-
quently 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 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;
and
(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.
SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.
(a) SMOKING PROHIBITION.—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.
(b) ENFORCEMENT.—
(1) EXECUTIVE BRANCH BUILDINGS.—The Ad-
ministrator of General Services shall issue regula-
tions, and take such other actions as may be nec-
essary, to institute and enforce the prohibition con-
tained in subsection (a) as such prohibition applies
to Federal buildings owned or leased for use by an
Executive Agency.
(2) JUDICIAL BRANCH BUILDINGS.—The Direc-
tor of the Administrative Office of the United States
Courts 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 establish-
ment in the judicial branch of the Government.
(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. 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. 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
AGENCY.—The term ‘‘Federal
agency’’ means any Executive agency and any estab-
lishment 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 such term does 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
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).
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