[Congressional Record Volume 143, Number 95 (Tuesday, July 8, 1997)]
[Extensions of Remarks]
[Pages E1373-E1374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                BAN ON SMOKING IN FEDERAL BUILDINGS ACT

                                 ______
                                 

                      HON. JAMES A. TRAFICANT, JR.

                                of ohio

                    in the house of representatives

                         Tuesday, July 8, 1997

  Mr. TRAFICANT. Mr. Speaker, today I am introducing legislation to 
prohibit smoking in any indoor portion of a Federal building. The Ban 
on Smoking in Federal Buildings Act covers all federally-owned and 
leased buildings, including those used by the Federal judiciary and the 
U.S. House of Representatives and U.S. Senate. The bill defines the 
term ``Federal building'' as any building or other structure owned and 
leased for use by a Federal agency. The bill exempts U.S. military 
installations and health care facilities run by the Department of 
Veterans Affairs, as well as any area of a Federal building used 
primarily as living quarters.
  As chairman of the House Public Works and Transportation Subcommittee 
on Public Buildings and Grounds in the 103d Congress, I introduced 
similar legislation in 1993. That legislation would have limited 
smoking in Federal buildings to separately ventilated smoking areas. 
The bill was approved by the House in 1993 but was not considered in 
the other body.
  Smoking in buildings used by executive branch agencies is limited to 
designated areas that are separately ventilated, although many Federal 
agencies have already imposed total bans. Smoking is also prohibited in 
Federal courtrooms. Smoking is permitted in some rooms of the U.S. 
Capitol, and Members of Congress can set their own smoking policies for 
their offices. In my view, there should be a uniform smoking policy for 
the entire Federal Government--one that protects the health and safety 
of nonsmokers. In light of what is being done in the private sector, a 
total ban on smoking in Federal buildings makes good sense.
  In studies conducted by the U.S. Environmental Protection Agency, 
indoor air pollution was identified as one of the top five 
environmental risks to public health. Environmental tobacco smoke [ETS] 
has been determined to be a major indoor air pollutant. Although there 
are other harmful pollutants in the air of most workplaces, very few of 
those pollutants are capable of being isolated and removed from the 
workplace environment. ETS is a known health hazard that can easily be 
removed from the Federal workplace.
  In addition to the known health hazards posed by ETS, in 1993, 
officials from the U.S. Department of Labor testified before the 
Subcommittee on Public Buildings and Grounds that the Federal 
Government has paid out hundreds of thousands of dollars in workers' 
compensation claims to nonsmoking Federal employees who have been 
disabled or impaired due to workplace exposure to ETS. Unless a uniform 
ban on smoking in Federal buildings is imposed, the U.S. taxpayer will 
continue to pay workers' compensation claims to Federal employees 
disabled or impaired by ETS.
  Mr. Speaker, I would note that a number of States have imposed a 
total ban on smoking in State buildings. In addition, numerous 
localities have passed ordinances banning smoking in restaurants and 
other facilities. Many privately owned and operated facilities--from 
sports arenas to shopping malls to movie theaters--have banned smoking. 
My legislation is a logical and commonsense measure that will protect 
the public health of all those who work in, use or visit Federal 
buildings. The bill will also save taxpayer dollars by eliminating the 
cause of costly workers' compensation payments to Federal employees 
impaired or disabled by workplace exposure to ETS. Finally, the Ban on 
Smoking in Federal Buildings Act will, for the first time, put in place 
a uniform smoking policy for all three branches of the Federal 
Government. I urge all of my colleagues to cosponsor this legislation.

                                H.R. --

       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 ``Ban on Smoking in Federal 
     Buildings Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) environmental tobacco smoke is a cause of lung cancer 
     in healthy nonsmokers and is responsible for acute and 
     chronic respiratory problems and other health impacts among 
     sensitive populations;
       (2) environmental tobacco smoke comes from secondhand smoke 
     exhaled by smokers and sidestream smoke emitted from the 
     burning of cigarettes, cigars, and pipes;
       (3) citizens of the United States spend up to 90 percent of 
     a day indoors and, consequently, there is a significant 
     potential for exposure to environmental tobacco smoke from 
     indoor air;
       (4) exposure to environmental tobacco smoke occurs in 
     public buildings and other indoor facilities; and
       (5) the health risks posed by environmental tobacco smoke 
     exceed the risks posed by many environmental pollutants 
     regulated by the Environmental Protection Agency.

     SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.

       (a) Smoke Prohibition.--On and after the 180th day after 
     the date of the enactment of this Act, smoking shall be 
     prohibited in any indoor portion of a Federal building.
       (b) Enforcement.--
       (1) Executive branch buildings.--The Administrator of 
     General Services shall issue regulations, and take such other 
     actions as may be necessary, to institute and enforce the 
     prohibition contained in subsection (a) as such prohibitions 
     applies to 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 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 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).

     SEC. 4. PREEMPTION.

       Nothing in this Act is intended to preempt any provision of 
     law of a State or political subdivision of a State that is 
     more restrictive than a provision of this Act.

     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) owned 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).


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