[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 881 Placed on Calendar Senate (PCS)]
Calendar No. 334
103d CONGRESS
1st Session
H. R. 881
_______________________________________________________________________
AN ACT
To prohibit smoking in Federal buildings.
_______________________________________________________________________
November 22, 1993
Read the second time and placed on the calendar
Calendar No. 334
103d CONGRESS
1st Session
H. R. 881
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 16 (legislative day, November 2), 1993
Received
November 19 (legislative day, November 2), 1993
Read the first time
November 22, 1993
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To prohibit smoking in Federal buildings.
Be it enacted by the Senate and House of Representatives 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 responsible 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 cigarettes, 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;
(5) the health risks posed by environmental tobacco smoke
exceed the risks posed by many environmental pollutants
regulated by the Environmental Protection Agency; and
(6) the Administrator of General Services, having broad
authority and longstanding experience with respect to the
acquisition and management (including restriction of smoking)
of space occupied by Federal employees, is particularly
qualified to issue regulations to institute and enforce a
prohibition on smoking in such space.
SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.
(a) Smoking Prohibition.--
(1) General rule.--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, except in areas
designated pursuant to paragraph (2).
(2) Designation of smoking areas.--The head of a Federal
agency may permit smoking in a designated area of a Federal
building owned or leased for use by such agency if such area--
(A) is ventilated separately from other portions of
the Federal building;
(B) is ventilated using a method determined by the
Administrator of General Services to be at least as
effective as the method described in subparagraph (A);
or
(C) is ventilated in accordance with Federal indoor
air quality standards for environmental tobacco smoke,
if such standards are in effect.
(b) Enforcement.--
(1) Executive branch buildings.--
(A) In general.--The Administrator of General
Services shall issue regulations, and take such other
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 Executive agency.
(B) Delegation.--The Administrator is authorized to
delegate, and to authorize the redelegation of, any
authority vested in the Administrator under
subparagraph (A) (except for the authority to issue
regulations) to any official of the General Services
Administration or to the head of any other Executive
agency.
(2) Judicial branch buildings.--The Director of the
Administrative Office of the United States Courts, after
consultation with the Administrator of General Services, 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 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 subsection (a) as such prohibition applies
to Federal 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 subsection (a) as such
prohibition applies to Federal buildings owned or
leased for use by the Senate.
(C) Other establishments.--The Architect 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 legislative branch of the Government (other than
the House of Representatives and the Senate).
SEC. 4. REPORT.
Not later than 2 years after the date of the enactment of this Act,
the Administrator of General Services shall transmit to the Committees
on Public Works and Transportation and on Government Operations of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report containing--
(1) information concerning the degree of compliance with
this Act; and
(2) information on research and development conducted by
the Administrator on methods of ventilation which are at least
as effective as the method described in section 3(a)(2)(A).
SEC. 5. PREEMPTION.
Nothing in this Act is intended to preempt any provision of law of
a State or political subdivision of a State that is more restrictive
than a provision of this Act.
SEC. 6. 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 or any establishments 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 Federal agency; except that the term shall
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 ``military
installation'' means a base, camp, post, station, yard, center,
homeport facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including any leased
facility. Such term does not include any facility used
primarily for civil works, rivers and harbors projects, or
flood control projects.
Passed the House of Representatives November 15, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.