I 
111TH CONGRESS 
1ST SESSION H. R. 4105 
To prohibit smoking near executive, legislative, and judicial branch entryways. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2009 
Mr. ENGEL 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 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 near executive, legislative, and judicial 
branch entryways. 
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 ‘‘Healthy Air for Fed-
eral Workers Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) in 2006, the Surgeon General concluded in 
a report entitled ‘‘The Health Consequences of In-
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voluntary Exposure to Tobacco Smoke’’ that there is 
no safe level of exposure to secondhand smoke; 
(2) secondhand smoke causes disease and pre-
mature death in children and adults who do not 
smoke; 
(3) exposure to secondhand smoke by adults 
has immediate adverse effects on the cardiovascular 
system and causes coronary heart disease and lung 
cancer; 
(4) according to the Surgeon General, the only 
way to prevent exposure from secondhand smoke is 
to eliminate it, and other approaches, such as air 
ventilation systems and smoking and nonsmoking 
sections, do not eliminate exposure to secondhand 
smoke; and 
(5) according to the American Lung Associa-
tion, 23 States have passed comprehensive smoke- 
free laws that protect workers. 
SEC. 3. SMOKING PROHIBITION OUTSIDE FEDERAL BUILD-
INGS. 
(a) SMOKING PROHIBITION.—The smoking of to-
bacco products is prohibited in any area outside of a Fed-
eral building which is within 25 feet of any of the build-
ing’s entrances, exits, windows that open, or ventilation 
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intakes that serve an enclosed area of the building where 
smoking is prohibited. 
(b) EXCEPTION.—Subsection (a) does not apply to 
the smoking of tobacco products which occurs solely for 
purposes of research on smoking which is conducted by 
an agency. 
SEC. 4. ENFORCEMENT. 
(a) EXECUTIVE BRANCH BUILDINGS.—The Adminis-
trator of General Services, in conjunction with the heads 
of agencies, is responsible for implementing and enforcing 
compliance with this Act with respect to Federal buildings 
used by agencies. 
(b) LEGISLATIVE BRANCH BUILDINGS.— 
(1) HOUSE
BUILDINGS.—The House Office 
Building Commission shall take such actions as may 
be necessary to institute and enforce the prohibition 
in section 3 in Federal buildings used by offices of 
the House of Representatives. 
(2) SENATE
BUILDINGS.—The Committee on 
Rules and Administration of the Senate shall take 
such actions as may be necessary to institute and 
enforce the prohibition in section 3 in Federal build-
ings used by offices of the Senate. 
(3) OTHER BUILDINGS.—The Architect of the 
Capitol shall take such actions as may be necessary 
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to institute and enforce the prohibition in section 3 
in Federal buildings used by offices of the legislative 
branch other than offices of the House of Represent-
atives or Senate. 
(c) JUDICIAL BRANCH BUILDINGS.—The Director of 
the Administrative Office of the United States Courts 
shall take such actions as are necessary to institute and 
enforce the prohibition in section 3 in Federal buildings 
used by the Federal courts, or by any office of the judicial 
branch, with respect to which the Director has responsibil-
ities under title 28, United States Code. 
(d) DATE OF IMPLEMENTATION.—Implementation of 
this Act shall begin within 3 months after the date of the 
enactment of this Act. 
(e) ADDITIONAL ACTIVITIES.—The Administrator of 
General Services, in conjunction with agency heads, shall, 
with respect to the Federal buildings described in sub-
section (a), and the Director of the Administrative Office 
of the United States Courts shall, with respect to Federal 
buildings described in subsection (c), inform all employees 
and visitors to Federal buildings about the smoke-free pol-
icy, educate employees about the dangers of exposure to 
secondhand smoke, and undertake related activities as de-
termined necessary by the Administrator or Director, as 
the case may be. 
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SEC. 5. NO LIMITATION OR PREEMPTION OF MORE PRO-
TECTIVE POLICIES. 
(a) NO LIMITATION.—Nothing in this Act shall be 
construed as limiting the head of an agency, the House 
Office Building Commission, the Committee on Rules and 
Administration of the Senate, the Architect of the Capitol, 
or the Director of the Administrative Office of the United 
States Courts from establishing more protective policies 
on smoking in the workplace. 
(b) NO PREEMPTION.—Nothing in this Act shall pre-
empt or otherwise affect any other Federal, State, or local 
law that provides greater protection from the health haz-
ards of secondhand smoke. 
SEC. 6. REPORT. 
Not later than 6 months after the date of the enact-
ment of this Act, the Administrator of General Services 
and the Director of the Administrative Office of the 
United States Courts shall each submit to Congress a re-
port on the status of the implementation of this Act with 
respect to the executive and judicial branches of the Gov-
ernment, respectively. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) FEDERAL BUILDING.—The term ‘‘Federal 
building’’ means any building— 
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