[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3382 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3382

          To prohibit smoking in and around Federal buildings.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2011

  Mrs. Davis of California (for herself, Mr. Meeks, Ms. DeGette, Mr. 
 Holt, and Mr. Faleomavaega) introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 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 Buildings Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Tobacco smoke contains more than 7,000 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 
        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) In the ``Ending the Tobacco Epidemic: A Tobacco Control 
        Strategic Action Plan'', the Department of Health and Human 
        Services calls for a collaboration to fully implement tobacco-
        free facility policies across the Federal Government.

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 and except as provided in subsection 
(c), smoking shall be prohibited in Federal buildings.
    (b) Enforcement.--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.
    (c) Limited Exception.--The head of an executive agency may grant a 
limited exception to the ban on smoking in a Federal building where 
such agency is housed if such exception relates to research that may 
benefit public health.

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 an executive agency or department, including a military 
installation 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 building.--The term ``Federal building'' means 
        any building, workplace, 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 executive agency; except 
        that such term does not include any building or other structure 
        on a military installation located outside the United States.
            (3) 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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