I 
111TH CONGRESS 
1ST SESSION H. R. 4131 
To prohibit smoking in and around Federal buildings. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2009 
Mr. ADLER of New Jersey (for himself and Ms. DEGETTE) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committees on House Administra-
tion and the Judiciary, for a period to be subsequently 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 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 
Workplace Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Secondhand smoke contains more than 
4,000 chemicals, including at least 69 carcinogens. 
VerDate Nov 24 2008 
23:42 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4131.IH
H4131
tjames on DSKG8SOYB1PROD with BILLS
(2) Secondhand smoke is responsible for almost 
50,000 deaths in the United States each year. 
(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 workplace policies are the only effective 
way to eliminate secondhand smoke exposure in the 
workplace. Separating smokers from nonsmokers, 
cleaning the air, and ventilating buildings cannot 
eliminate 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) A July 2009 Institute of Medicine report, 
‘‘Combating Tobacco Use in Military and Veteran 
Populations’’, recommended that the Department of 
Defense, the Armed Services, and the Veterans Ad-
ministration ‘‘raise the priority given to tobacco con-
VerDate Nov 24 2008 
23:42 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4131.IH
H4131
tjames on DSKG8SOYB1PROD with BILLS
trol throughout their organizations’’ with the goal of 
achieving a tobacco-free military. 
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, 
smoking shall be prohibited in Federal buildings. 
(b) ENFORCEMENT.— 
(1) EXECUTIVE
BRANCH
BUILDINGS.—Each 
agency head or a designee shall take such actions as 
may be necessary to institute and enforce the prohi-
bition contained in subsection (a) as such prohibition 
applies to all 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 all Fed-
eral buildings owned or leased for use by an estab-
lishment 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-
VerDate Nov 24 2008 
23:42 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4131.IH
H4131
tjames on DSKG8SOYB1PROD with BILLS
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 all Federal buildings 
owned or leased for use by an establishment in 
the legislative branch of the Government (other 
than the House of Representatives and the Sen-
ate). 
(4) FINES FOR NONCOMPLIANCE.— 
(A) IN GENERAL.—Each of the officials re-
ferred to in paragraphs (1) through (3) shall 
implement an enforcement process to impose a 
fine on an individual who fails to comply with 
the prohibition contained in subsection (a). 
VerDate Nov 24 2008 
23:42 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4131.IH
H4131
tjames on DSKG8SOYB1PROD with BILLS
(B) FINE
AMOUNTS.—The official shall 
impose a fine of $250.00 for a first offense, 
$500.00 for a second offense, and $1,000 for 
any subsequent offense. 
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 a Federal agency or de-
partment, including a military installation or Veterans Ad-
ministration facility from implementing more protective 
smoke-free or tobacco-free laws. 
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. 
VerDate Nov 24 2008 
23:42 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4131.IH
H4131
tjames on DSKG8SOYB1PROD with BILLS
(3) FEDERAL BUILDING.—The term ‘‘Federal 
building’’ means any building 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 Federal agency; except that such term 
does not include any building or other structure on 
a military installation, 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) or buildings used by civilian 
defense employees. 
Æ 
VerDate Nov 24 2008 
23:42 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H4131.IH
H4131
tjames on DSKG8SOYB1PROD with BILLS