I
103D CONGRESS
2D SESSION
H. R. 3845
To limit access by minors to cigarettes through prohibiting the sale of tobacco
products in vending machines and the distribution of free samples of
tobacco products in Federal buildings and property accessible by minors.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 10, 1994
Mr. VISCLOSKY (for himself, Mr. DURBIN, Mr. EVANS, Mr. FOGLIETTA, Mr.
HANSEN, Mr. JACOBS, Mr. LAFALCE, Mr. MEEHAN, and Mr. SLATTERY)
introduced the following bill; which was referred to the Committee on
Public Works and Transportation
A BILL
To limit access by minors to cigarettes through prohibiting
the sale of tobacco products in vending machines and
the distribution of free samples of tobacco products in
Federal buildings and property accessible by minors.
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 ‘‘Prohibition of Ciga-
rette Sales to Minors in Federal Buildings and Lands
Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) cigarette smoking and the use of smokeless
tobacco products continue to represent major health
hazards to the Nation, causing approximately
434,000 deaths each year;
(2) cigarette smoking continues to be the single
most preventable cause of death and disability in the
United States;
(3) tobacco products contain hazardous addi-
tives, gases, and other chemical constituents dan-
gerous to health;
(4) the use of tobacco products costs the United
States more than $60,000,000,000 in lost productiv-
ity and health care costs;
(5) tobacco products contain nicotine, a poison-
ous, addictive drug;
(6) despite the known adverse health effects as-
sociated with tobacco, it remains one of the least
regulated consumer products and is readily available
to children and adolescents throughout the United
States;
(7) 90 percent of adult smokers start smoking
in adolescence or childhood and continue to smoke
throughout their adult lives;
(8) each day, more than 3,000 children and
adolescents start smoking and collectively consume
nearly one billion packs of cigarettes per year;
(9) reliable studies indicate that tobacco is a
gateway to other, increasingly more harmful drugs,
and that tobacco use continues after use of other
drugs begins; and
(10) the Congress of the United States has a
major policy setting role in ensuring that the use of
tobacco products among minors is discouraged to the
maximum extent possible.
SEC. 3. DEFINITIONS.
As used in this Act—
(1) the term ‘‘Federal agency’’ means—
(A) an Executive agency as defined in sec-
tion 105 of title 5, United States Code; and
(B) each entity specified in paragraphs (B)
through (H) of section 5721(1) of title 5, Unit-
ed States Code;
(2) the term ‘‘Federal building’’ means—
(A) any building or other structure owned
in whole or in part by the United States or any
Federal agency, including any such structure
occupied by a Federal agency under a lease
agreement; and
(B) includes the real property on which
such building is located;
(3) the term ‘‘minor’’ means an individual
under the age of 18 years; and
(4) the term ‘‘tobacco product’’ means ciga-
rettes, cigars, little cigars, pipe tobacco, smokeless
tobacco, snuff, and chewing tobacco.
SEC. 4. TOBACCO PRODUCTS VENDING MACHINE AND FREE
SAMPLE BAN IN FEDERAL BUILDINGS.
(a) IN GENERAL.—No later than 45 days after the
date of the enactment of this Act, the Administrator of
General Services and the head of each Federal agency
shall promulgate regulations that prohibit—
(1) the sale of tobacco products in vending ma-
chines located in or around any Federal building
under the jurisdiction of the Administrator or such
agency head; and
(2) the distribution of free samples of tobacco
products in or around any Federal building under
the jurisdiction of the Administrator or such agency
head.
(b) EXCEPTION.—The Administrator of General
Services or the head of an agency, as appropriate, may
designate areas not subject to the provisions of subsection
(a), if such area also prohibits the presence of minors.
(c) JURISDICTION OF FEDERAL BUILDINGS AND AD-
MINISTRATION.—The provisions of this section shall be
carried out—
(1) by the Administrator of General Services
for any Federal building which is maintained, leased,
or has title of ownership vested in the General Serv-
ices Administration; or
(2) by the head of a Federal agency for any
Federal building which is maintained, leased, or has
title of ownership vested in such agency.
SEC. 5. COMPLIANCE REPORT.
No later than 90 days after the date of enactment
of this Act, the Administrator of General Services and
each head of an agency shall prepare and submit, to the
appropriate committees of Congress, a report that shall
contain—
(1) verification that the Administrator or such
head of an agency is in compliance with this Act;
and
(2) a detailed list of the location of all tobacco
product vending machines located in Federal build-
ings under the administration of the Administrator
or such head of an agency.
SEC. 6. APPLICATION TO THE UNITED STATES CAPITOL
AND GROUNDS.
(a) IN GENERAL.—No later than 45 days after the
date of the enactment of this Act, the Senate Committee
on Rules and Administration and the House of Represent-
atives Committee on House Administration, after con-
sultation with the Architect of the Capitol, shall promul-
gate regulations that—
(1) prohibit the sale of tobacco products in
vending machines in the Capitol Buildings; and
(2) prohibit the distribution of free samples of
tobacco products in the Capitol Buildings.
(b) EXCEPTION.—Such committees may designate
areas where such prohibition shall not apply, if such area
also prohibits the presence of minors.
(c) DEFINITION.—For the purpose of this section the
term ‘‘Capitol Buildings’’ shall have the same meaning as
such term is defined under section 16(a)(1) of the Act en-
titled ‘‘An Act to define the area of the United States Cap-
itol Grounds, to regulate the use thereof, and for other
purposes’’, approved July 31, 1946 (40 U.S.C. 193m(1)).
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as restricting
the authority of the Administrator of General Services or
the head of an agency to limit tobacco product use in or