[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1123 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1123

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 SENATE OF THE UNITED STATES

               August 4 (legislative day, July 10), 1995

 Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prohibition of Cigarette Vending 
Machines Accessible 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 more than 420,000 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 additives, gases, 
        and other chemical constituents dangerous to health;
            (4) the use of tobacco products costs the United States 
        more than $50,000,000,000 in direct health care costs, with 
        more than $21,000,000,000 of these costs being paid by 
        government funds;
            (5) tobacco products contain nicotine, a poisonous, 
        addictive drug;
            (6) all States prohibit the sale of tobacco products to 
        minors, but enforcement has been ineffective or nonexistent and 
        tobacco products remain one of the least regulated consumer 
        products in the United States;
            (7) over the past decade, little or no progress has been 
        made in reducing tobacco use among teenagers and recently, 
        teenage smoking rates appear to be rising;
            (8) more than two-thirds of smokers smoke their first 
        cigarette before the age of 14, and 90 percent of adult smokers 
        did so by age 18;
            (9) 516,000,000 packs of cigarettes are consumed by minors 
        annually, at least half of which are illegally sold to minors;
            (10) reliable studies indicate that tobacco use is a 
        gateway to illicit drug use; and
            (11) the Federal Government 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 section 105 
                of title 5, United States Code; and
                    (B) each entity specified in subparagraphs (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
                 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 cigarettes, 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 machines 
        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 Administration.--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 Services 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 buildings 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 Representatives Committee on House Administration, 
after consultation with the Architect of the Capitol, shall promulgate 
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 entitled ``An Act to define the area of the 
United States Capitol 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 around any Federal building, except as 
provided under section 4(a).
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