[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4131 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4131

          To prohibit smoking in and around Federal buildings.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2009

 Mr. Adler of New Jersey (for himself and Ms. DeGette) 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 in and around 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 ``Smoke-Free Federal Workplace Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Secondhand smoke contains more than 4,000 chemicals, 
        including at least 69 carcinogens.
            (2) Secondhand smoke is responsible for almost 50,000 
        deaths in the United States each year.
            (3) In 2006, the Surgeon General of the United States 
        concluded that there is no safe level of exposure to secondhand 
        smoke.
            (4) Secondhand smoke causes lung cancer and heart disease 
        among adults who do not smoke.
            (5) Workplaces are a major source of secondhand smoke 
        exposure.
            (6) The Surgeon General has concluded that smoke-free 
        workplace policies are the only effective way to eliminate 
        secondhand smoke exposure in the workplace. Separating smokers 
        from nonsmokers, cleaning the air, and ventilating buildings 
        cannot eliminate exposure.
            (7) An October 2009 report ``Secondhand Smoke Exposure and 
        Cardiovascular Effects: Making Sense of the Evidence'' from the 
        Institute of Medicine concludes that smoke-free laws reduce 
        heart attacks.
            (8) A July 2009 Institute of Medicine report, ``Combating 
        Tobacco Use in Military and Veteran Populations'', recommended 
        that the Department of Defense, the Armed Services, and the 
        Veterans Administration ``raise the priority given to tobacco 
        control throughout their organizations'' with the goal of 
        achieving a tobacco-free military.

SEC. 3. SMOKE-FREE FEDERAL BUILDINGS.

    (a) Smoke-Free Federal Buildings.--Not later than 90 days after the 
date of the enactment of this Act, smoking shall be prohibited in 
Federal buildings.
    (b) Enforcement.--
            (1) Executive branch buildings.--Each agency head or a 
        designee shall take such actions as may be necessary to 
        institute and enforce the prohibition contained in subsection 
        (a) as such prohibition applies to all 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 all 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 all 
                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).
            (4) Fines for noncompliance.--
                    (A) In general.--Each of the officials referred to 
                in paragraphs (1) through (3) shall implement an 
                enforcement process to impose a fine on an individual 
                who fails to comply with the prohibition contained in 
                subsection (a).
                    (B) Fine amounts.--The official shall impose a fine 
                of $250.00 for a first offense, $500.00 for a second 
                offense, and $1,000 for any subsequent offense.

SEC. 4. PREEMPTION.

    (a) In General.--Nothing in this Act is intended to preempt any 
provision of a law in a State or political subdivision of a State that 
is more protective than a provision of this Act.
    (b) More Protective Laws.--Nothing in the Act shall be interpreted 
as prohibiting a Federal agency or department, including a military 
installation or Veterans Administration facility from implementing more 
protective smoke-free or tobacco-free laws.

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) and 25 
        feet from the perimeter of such building, courtyard, areas used 
        for children's playgrounds, or structure owned, leased, 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) or buildings used by civilian 
        defense employees.
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