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policy requirement) and the head of the Execu-
tive agency will establish and make a good-faith
effort to enforce an alternative nonsmoking pol-
icy (or alternative requirement under the policy)
that will protect individuals from exposure to
environmental tobacco smoke to the maximum
extent possible; or
(B) the head of the Executive agency will
enforce an alternative nonsmoking policy (or al-
ternative requirement under the policy) that will
protect individuals from exposure to environ-
mental tobacco smoke to the same degree as the
requirement under the guidelines issued pursu-
ant to subsection (a).
(2) AGENCIES OF THE JUDICIAL BRANCH.—After
consultation with the Administrator, and after pro-
viding public notice and reasonable opportunity for
public review and comment, the Director of the Ad-
ministrative Office of the United States Courts may,
on the basis of the criteria for a waiver referred to in
paragraph (1), make such modifications to the non-
smoking policy required to be carried out pursuant to
subsection (b) as the Director determines to be nec-
essary. The Director may not make any modification
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that violates the criteria for a waiver under para-
graph (1).
(3) AGENCIES OF THE LEGISLATIVE BRANCH.—
After consultation with the Administrator, and after
providing public notice and reasonable opportunity
for public review and comment, the appropriate en-
tity or individual referred to in subparagraphs (A)
through (C) of subsection (b)(2) may, on the basis of
the criteria for a waiver referred to in paragraph (1),
make such modifications to the nonsmoking policy re-
quired to be carried out pursuant to subsection (b) as
the entity or individual determines to be necessary.
The entity or individual may not make any modifica-
tion that violates the criteria for a waiver under
paragraph (1).
(d) COLLECTIVE BARGAINING AGREEMENTS.—
(1) IN GENERAL.—In a Federal agency in which
a labor organization has been accorded recognition as
a bargaining unit pursuant to chapter 71 of title 5,
United States Code, the Federal agency shall engage
in collective bargaining pursuant to section 7114 of
title 5, United States Code, to ensure the implementa-
tion of the requirements of this section that affect
work areas predominately occupied by the employees
represented by the labor organization by the date of
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the adoption, pursuant to this section, of a non-
smoking policy applicable to the Federal agency.
(2) EXEMPTION.—
(A) IN GENERAL.—If, on the date of enact-
ment of this Act—
(i) a bargaining unit referred to in
paragraph (1) has in effect a collective bar-
gaining agreement with respect to which a
Federal agency is a party; and
(ii) the collective bargaining agreement
referred to in clause (i) includes provisions
relating to smoking privileges that are in
violation of the requirements of this section,
the head of the Federal agency may exempt work
areas predominately occupied by the employees
subject to the collective bargaining agreement
from the nonsmoking policy that the Federal
agency is required to be carried out under sub-
section (b).
(B) TERMINATION OF EXEMPTION.—
(i) IN
GENERAL.—An exemption re-
ferred to in subparagraph (A) shall termi-
nate on the earlier of—
(I) the first expiration date (after
the date of enactment of this Act) of the
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collective bargaining agreement con-
taining the provisions relating to
smoking privileges; or
(II) the date that is 1 year after
the date of issuance of the guidelines.
(ii) IMPLEMENTATION OF NONSMOKING
POLICY
AFTER
TERMINATION
DATE.— By
the applicable date specified in clause
(i)(II), the head of each Federal agency
shall be required to enforce a nonsmoking
policy that meets the requirements of the
guidelines issued under subsection (a) in
each work area under the jurisdiction of the
head of the Federal agency, notwithstanding
any collective bargaining agreement that
contains provisions that are less restrictive
than the nonsmoking policy.
SEC. 805. TECHNICAL ASSISTANCE AND OUTREACH ACTIVI-
TIES.
(a) TECHNICAL ASSISTANCE.—The Administrator and
the Secretary shall provide technical assistance to the heads
of Federal agencies and other persons who request technical
assistance. The technical assistance shall include informa-
tion—
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(1) on smoking cessation programs for employ-
ees; and
(2) to assist in compliance with the requirements
of this title.
(b) OUTREACH ACTIVITIES.—The Administrator, in
consultation with the Secretary, shall establish an outreach
program to inform the public concerning the dangers of en-
vironmental tobacco smoke. As part of the outreach pro-
gram, the Administrator and the Secretary shall make
available to the general public brochures and other edu-
cational materials. In establishing the programs under this
paragraph, the Administrator and the Secretary shall co-
operate to maximize the sharing of information and re-
sources.
SEC. 806. REPORT BY THE ADMINISTRATOR.
Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit a report to Con-
gress that includes—
(1) information concerning the degree of compli-
ance with this title; and
(2) an assessment of the legal status of smoking
in public places.
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SEC. 807. PREEMPTION.
Nothing in this title 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 title.
SEC. 808. EXEMPTION.
No provision in this title shall be construed to affect
or otherwise impair the authority of the Secretary of Veter-
ans Affairs, under section 526 of the Veterans Health Care
Act of 1992 (38 U.S.C. 1715 note).
Ω105æPage 82, after line 7 insert:
TITLE IX—CIGARETTE SALES TO MINORS
SEC. 901. FINDINGS.
The Congress finds that—
(1) cigarette smoking and the use of smokeless to-
bacco 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;
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(4) the use of tobacco products costs the United
States more than $60,000,000,000 in lost productivity
and health care costs;
(5) tobacco products contain nicotine, a poison-
ous, addictive drug;
(6) despite the known adverse health effects asso-
ciated with tobacco, it remains one of the least regu-
lated 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 ado-
lescents 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.
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SEC. 902. DEFINITIONS.
As used in this title—
(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, United
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 oc-
cupied by a Federal agency under a lease agree-
ment, except that the term shall not include any
area or portion of a building not leased by the
Federal Government; 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 cigarettes,
cigars, little cigars, pipe tobacco, smokeless tobacco,
snuff, and chewing tobacco.
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SEC. 903. 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 promul-
gate regulations that prohibit the sale of tobacco products
in vending machines located in or around any Federal
building under the jurisdiction of the Administrator or such
agency head.
(b) EXCEPTION.—The Administrator of General Serv-
ices or the head of an agency, as appropriate, may des-
ignate 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 car-
ried 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 Services
Administration; or
(2) by the head of a Federal agency for any Fed-
eral building which is maintained, leased, or has title
of ownership vested in such agency.
SEC. 904. COMPLIANCE REPORT.
No later than 90 days after the date of enactment of
this Act, the Administrator of General Services and each
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head of an agency shall prepare and submit, to the appro-
priate 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. 905. 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 Representatives Com-
mittee on House Administration, after consultation with
the Architect of the Capitol, shall promulgate regulations
under the House and Senate rulemaking authority that pro-
hibit the sale of tobacco products in vending machines 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 enti-
tled ‘‘An Act to define the area of the United States Capitol
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Grounds, to regulate the use thereof, and for other pur-
poses’’, approved July 31, 1946 (40 U.S.C. 193m(1)).
SEC. 906. 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
around any Federal building, except as provided under sec-
tion 903(a).
Attest:
Secretary.