[Weekly Compilation of Presidential Documents Volume 33, Number 33 (Monday, August 18, 1997)]
[Pages 1224-1225]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13058--Protecting Federal Employees and the Public From 
Exposure to Tobacco Smoke in the Federal Workplace

August 9, 1997

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America and in order to protect Federal 
Government employees and members of the public from exposure to tobacco 
smoke in the Federal workplace, it is hereby ordered as follows:
    Section 1. Policy. It is the policy of the executive branch to 
establish a smoke-free environment for Federal employees and members of 
the public visiting or using Federal facilities. The smoking of tobacco 
products is thus prohibited in all interior space owned, rented, or 
leased by the executive branch of the Federal Government, and in any 
outdoor areas under executive branch control in front of air intake 
ducts.
    Sec. 2. Exceptions. The general policy established by this order is 
subject to the following exceptions: (a) The order does not apply in 
designated smoking areas that are enclosed and exhausted directly to the 
outside and away from air intake ducts, and are maintained under 
negative pressure (with respect to surrounding spaces) sufficient to 
contain tobacco smoke within the designated area. Agency officials shall 
not require workers to enter such areas during business hours while 
smoking is ongoing.
    (b) The order does not extend to any residential accommodation for 
persons voluntarily or involuntarily residing, on a temporary or long-
term basis, in a building owned, leased, or rented by the Federal 
Government.
    (c) The order does not extend to those portions of federally owned 
buildings leased, rented, or otherwise provided in their entirety to 
nonfederal parties.
    (d) The order does not extend to places of employment in the private 
sector or in other nonfederal governmental units that serve as the 
permanent or intermittent duty station of one or more Federal employees.
    (e) The head of any agency may establish limited and narrow 
exceptions that are necessary to accomplish agency missions. Such 
exception shall be in writing, approved by the agency head, and to the 
fullest extent possible provide protection of nonsmokers from exposure 
to environmental tobacco smoke. Authority to establish such exceptions 
may not be delegated.
    Sec. 3. Other Locations. The heads of agencies shall evaluate the 
need to restrict smoking at doorways and in courtyards under executive 
branch control in order to protect workers and visitors from 
environmental tobacco smoke, and may restrict smoking in these areas in 
light of this evaluation.
    Sec. 4. Smoking Cessation Programs. The heads of agencies are 
encouraged to use existing authority to establish programs designed to 
help employees stop smoking.
    Sec. 5. Responsibility for Implementation. The heads of agencies are 
responsible for implementing and ensuring compliance with the provisions 
of this order. ``Agency'' as used in this order means an Executive 
agency, as defined in 5 U.S.C. 105, and includes any employing unit or 
authority of the Federal Government, other than those of the legislative 
and judicial branches. Independent agencies are encouraged to comply 
with the provisions of this order.
    Sec. 6. Phase-In of Implementation. Implementation of the policy set 
forth in this order shall be achieved no later than 1 year after the 
date of this order. This 1 year phase-in period is designed to establish 
a fixed but reasonable time for implementing this policy. Agency heads 
are directed during this period to inform all employees and visitors to 
executive branch facilities about the requirements of this order, inform 
their employees of the health risks of exposure to environmental tobacco 
smoke, and undertake related activities as necessary.
    Sec. 7. Consistency with Other Laws. The provisions of this order 
shall be implemented consistent with applicable law, including the 
Federal Service Labor-Management Relations Act (5 U.S.C. 7101 et seq.) 
and the National Labor Relations Act (29 U.S.C. 151 et seq.) Provisions 
of existing collective bar

[[Page 1225]]

gaining agreements shall be honored and agencies shall consult with 
employee labor representatives about the implementation of this order. 
Nothing herein shall be construed to impair or alter the powers and 
duties of Federal agencies established under law. Nothing herein shall 
be construed to replace any agency policy currently in effect, if such 
policy is legally established, in writing, and consistent with the terms 
of this order. Agencies shall review their current policy to confirm 
that agency policy comports with this order, and policy found not in 
compliance shall be revised to comply with the terms of this order.
    Sec. 8. Cause of Action. This order does not create any right to 
administrative or judicial review, or any other right or benefit, 
substantive or procedural, enforceable by a party against the United 
States, its agencies or instrumentalities, its officers or employees, or 
any other person or affect in any way the liability of the executive 
branch under the Federal Tort Claims Act.
    Sec. 9. Construction. Nothing in this order shall limit an agency 
head from establishing more protective policies on smoking in the 
Federal workplace for employees and members of the public visiting or 
using Federal facilities.
                                            William J. Clinton
The White House,
August 9, 1997.

[Filed with the Office of the Federal Register, 8:45 a.m., August 12, 
1997]

Note: This Executive order was published in the Federal Register on 
August 13.