[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4105 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4105

 To prohibit smoking near executive, legislative, and judicial branch 
                               entryways.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2009

  Mr. Engel introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committees on House Administration 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 near executive, legislative, and judicial branch 
                               entryways.

    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 ``Healthy Air for Federal Workers 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in 2006, the Surgeon General concluded in a report 
        entitled ``The Health Consequences of Involuntary Exposure to 
        Tobacco Smoke'' that there is no safe level of exposure to 
        secondhand smoke;
            (2) secondhand smoke causes disease and premature death in 
        children and adults who do not smoke;
            (3) exposure to secondhand smoke by adults has immediate 
        adverse effects on the cardiovascular system and causes 
        coronary heart disease and lung cancer;
            (4) according to the Surgeon General, the only way to 
        prevent exposure from secondhand smoke is to eliminate it, and 
        other approaches, such as air ventilation systems and smoking 
        and nonsmoking sections, do not eliminate exposure to 
        secondhand smoke; and
            (5) according to the American Lung Association, 23 States 
        have passed comprehensive smoke-free laws that protect workers.

SEC. 3. SMOKING PROHIBITION OUTSIDE FEDERAL BUILDINGS.

    (a) Smoking Prohibition.--The smoking of tobacco products is 
prohibited in any area outside of a Federal building which is within 25 
feet of any of the building's entrances, exits, windows that open, or 
ventilation intakes that serve an enclosed area of the building where 
smoking is prohibited.
    (b) Exception.--Subsection (a) does not apply to the smoking of 
tobacco products which occurs solely for purposes of research on 
smoking which is conducted by an agency.

SEC. 4. ENFORCEMENT.

    (a) Executive Branch Buildings.--The Administrator of General 
Services, in conjunction with the heads of agencies, is responsible for 
implementing and enforcing compliance with this Act with respect to 
Federal buildings used by agencies.
    (b) Legislative Branch Buildings.--
            (1) House buildings.--The House Office Building Commission 
        shall take such actions as may be necessary to institute and 
        enforce the prohibition in section 3 in Federal buildings used 
        by offices of the House of Representatives.
            (2) Senate buildings.--The Committee on Rules and 
        Administration of the Senate shall take such actions as may be 
        necessary to institute and enforce the prohibition in section 3 
        in Federal buildings used by offices of the Senate.
            (3) Other buildings.--The Architect of the Capitol shall 
        take such actions as may be necessary to institute and enforce 
        the prohibition in section 3 in Federal buildings used by 
        offices of the legislative branch other than offices of the 
        House of Representatives or Senate.
    (c) Judicial Branch Buildings.--The Director of the Administrative 
Office of the United States Courts shall take such actions as are 
necessary to institute and enforce the prohibition in section 3 in 
Federal buildings used by the Federal courts, or by any office of the 
judicial branch, with respect to which the Director has 
responsibilities under title 28, United States Code.
    (d) Date of Implementation.--Implementation of this Act shall begin 
within 3 months after the date of the enactment of this Act.
    (e) Additional Activities.--The Administrator of General Services, 
in conjunction with agency heads, shall, with respect to the Federal 
buildings described in subsection (a), and the Director of the 
Administrative Office of the United States Courts shall, with respect 
to Federal buildings described in subsection (c), inform all employees 
and visitors to Federal buildings about the smoke-free policy, educate 
employees about the dangers of exposure to secondhand smoke, and 
undertake related activities as determined necessary by the 
Administrator or Director, as the case may be.

SEC. 5. NO LIMITATION OR PREEMPTION OF MORE PROTECTIVE POLICIES.

    (a) No Limitation.--Nothing in this Act shall be construed as 
limiting the head of an agency, the House Office Building Commission, 
the Committee on Rules and Administration of the Senate, the Architect 
of the Capitol, or the Director of the Administrative Office of the 
United States Courts from establishing more protective policies on 
smoking in the workplace.
    (b) No Preemption.--Nothing in this Act shall preempt or otherwise 
affect any other Federal, State, or local law that provides greater 
protection from the health hazards of secondhand smoke.

SEC. 6. REPORT.

    Not later than 6 months after the date of the enactment of this 
Act, the Administrator of General Services and the Director of the 
Administrative Office of the United States Courts shall each submit to 
Congress a report on the status of the implementation of this Act with 
respect to the executive and judicial branches of the Government, 
respectively.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Federal building.--The term ``Federal building'' means 
        any building--
                    (A) which is owned by the Federal Government for 
                the use of any office of the executive branch or 
                legislative branch, or by any Federal court or any 
                office of the judicial branch; or
                    (B) which is leased by the Federal Government for 
                the use of any office of the executive branch or 
                legislative branch, or by any Federal court or any 
                office of the judicial branch, and which is under the 
                jurisdiction and control of that office or court.
            (2) Agency.--The term ``agency'' means an Executive agency, 
        as defined in section 105 of title 5, United States Code, and 
        includes any employing unit or authority of the Federal 
        Government, including independent agencies, other than those of 
        the legislative and judicial branches, but includes the United 
        States Tax Court and the United States Court of Appeals for 
        Veterans Claims.
            (3) Smoking.--The term ``smoking'' includes the smoking of 
        cigarettes, cigars, pipes, and any other combustion of tobacco.
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