[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2118 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2118

               To prohibit smoking in Federal buildings.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 1997

Mr. Traficant introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committees on the Judiciary, and House Oversight, 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 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; and
            (5) the health risks posed by environmental tobacco smoke 
        exceed the risks posed by many environmental pollutants 
        regulated by the Environmental Protection Agency.

SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.

    (a) Smoking Prohibition.--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.
    (b) Enforcement.--
            (1) Executive branch buildings.--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.
            (2) Judicial branch buildings.--The Director 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 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. 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. 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 establishment 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 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 ``military 
        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).
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