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H.R. 881 (103rd): Ban on Smoking in Federal Buildings Act

The text of the bill below is as of Nov 22, 1993 (Placed on Calendar in the Senate).


HR 881 PCS

Calendar No. 334

103d CONGRESS

1st Session

H. R. 881

IN THE SENATE OF THE UNITED STATES

November 16 (legislative day, NOVEMBER 2), 1993

Received

November 19 (legislative day, NOVEMBER 2), 1993

Read the first time

November 22, 1993

Read the second time and placed on the calendar


AN ACT

To prohibit smoking in 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 ‘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;

      (5) the health risks posed by environmental tobacco smoke exceed the risks posed by many environmental pollutants regulated by the Environmental Protection Agency; and

      (6) the Administrator of General Services, having broad authority and longstanding experience with respect to the acquisition and management (including restriction of smoking) of space occupied by Federal employees, is particularly qualified to issue regulations to institute and enforce a prohibition on smoking in such space.

SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.

    (a) SMOKING PROHIBITION-

      (1) GENERAL RULE- 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, except in areas designated pursuant to paragraph (2).

      (2) DESIGNATION OF SMOKING AREAS- The head of a Federal agency may permit smoking in a designated area of a Federal building owned or leased for use by such agency if such area--

        (A) is ventilated separately from other portions of the Federal building;

        (B) is ventilated using a method determined by the Administrator of General Services to be at least as effective as the method described in subparagraph (A); or

        (C) is ventilated in accordance with Federal indoor air quality standards for environmental tobacco smoke, if such standards are in effect.

    (b) ENFORCEMENT-

      (1) EXECUTIVE BRANCH BUILDINGS-

        (A) IN GENERAL- 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 prohibition applies to Federal buildings owned or leased for use by an Executive agency.

        (B) DELEGATION- The Administrator is authorized to delegate, and to authorize the redelegation of, any authority vested in the Administrator under subparagraph (A) (except for the authority to issue regulations) to any official of the General Services Administration or to the head of any other Executive agency.

      (2) JUDICIAL BRANCH BUILDINGS- The Director of the Administrative Office of the United States Courts, after consultation with the Administrator of General Services, 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. REPORT.

    Not later than 2 years after the date of the enactment of this Act, the Administrator of General Services shall transmit to the Committees on Public Works and Transportation and on Government Operations of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing--

      (1) information concerning the degree of compliance with this Act; and

      (2) information on research and development conducted by the Administrator on methods of ventilation which are at least as effective as the method described in section 3(a)(2)(A).

SEC. 5. 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. 6. 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 or any establishments 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 the term shall 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 activity under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

Passed the House of Representatives November 15, 1993.

Attest:

DONNALD K. ANDERSON,

Clerk.