[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1040 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1040

   To amend title 38, United States Code, to prohibit smoking on the 
premises of any facility of the Veterans Health Administration, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2023

   Mr. Durbin (for himself, Ms. Collins, Mr. Carper, Mr. Brown, Ms. 
 Hirono, Mr. Wyden, Mrs. Murray, Mr. Reed, Mr. Booker, Mr. Blumenthal, 
and Mr. Kaine) introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to prohibit smoking on the 
premises of any facility of the Veterans Health Administration, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON SMOKING IN FACILITIES OF THE VETERANS HEALTH 
              ADMINISTRATION.

    (a) Prohibition.--
            (1) In general.--Section 1715 of title 38, United States 
        Code, is amended to read as follows:
``Sec. 1715. Prohibition on smoking in facilities of the Veterans 
              Health Administration
    ``(a) Prohibition.--No person (including any veteran, patient, 
resident, employee of the Department, contractor, or visitor) may smoke 
on the premises of any facility of the Veterans Health Administration.
    ``(b) Definitions.--In this section:
            ``(1) The term `facility of the Veterans Health 
        Administration' means any land or building (including any 
        medical center, nursing home, domiciliary facility, outpatient 
        clinic, or center that provides readjustment counseling) that 
        is--
                    ``(A) under the jurisdiction of the Department of 
                Veterans Affairs;
                    ``(B) under the control of the Veterans Health 
                Administration; and
                    ``(C) not under the control of the General Services 
                Administration.
            ``(2) The term `smoke' includes--
                    ``(A) the use of cigarettes, cigars, pipes, and any 
                other combustion or heating of tobacco; and
                    ``(B) the use of any electronic nicotine delivery 
                system, including electronic or e-cigarettes, vape 
                pens, and e-cigars.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 17 of such title is 
        amended by striking the item relating to section 1715 and 
        inserting the following new item:

``1715. Prohibition on smoking in facilities of the Veterans Health 
                            Administration.''.
    (b) Conforming Amendment.--Section 526 of the Veterans Health Care 
Act of 1992 (Public Law 102-585; 38 U.S.C. 1715 note) is repealed.
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