I 112th CONGRESS 1st Session H. R. 3382 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.

1.

Short title

This Act may be cited as the Smoke-Free Federal Buildings Act.

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.

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.

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.

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.