Smoke-Free Federal Workplace Act - Prohibits smoking in federal buildings.
Defines "federal building" to: (1) include any building, any area within 25 feet of such building, any courtyard, any areas used for children's playgrounds, or any structure owned, leased, or leased for use by a federal agency; and (2) exclude any building or other structure on a military installation, any health care facility under the jurisdiction of the Secretary of Veterans Affairs (VA), or any area of a building that is used primarily as living quarters.
Requires the head of each executive agency, the Director of the Administrative Office of the United States Courts, the House Office Building Commission and the Senate Committee on Rules and Administration, and the Architect of the Capitol to: (1) take such actions as necessary to institute and enforce the prohibition as it applies to all federal buildings; and (2) implement an enforcement process to impose a fine on an individual who fails to comply with the prohibition ($250 fine for a first offense, $500 for a second offense, and $1,000 for any subsequent offense).
Permits a state or local government or a federal agency, including a military installation or VA facility, to implement more protective smoke-free or tobacco-free laws.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4131 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4131
To prohibit smoking in and around Federal buildings.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2009
Mr. Adler of New Jersey (for himself and Ms. DeGette) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committees on House
Administration and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit smoking in and around 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 ``Smoke-Free Federal Workplace Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Secondhand smoke contains more than 4,000 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
workplace 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) A July 2009 Institute of Medicine report, ``Combating
Tobacco Use in Military and Veteran Populations'', recommended
that the Department of Defense, the Armed Services, and the
Veterans Administration ``raise the priority given to tobacco
control throughout their organizations'' with the goal of
achieving a tobacco-free military.
SEC. 3. SMOKE-FREE FEDERAL BUILDINGS.
(a) Smoke-Free Federal Buildings.--Not later than 90 days after the
date of the enactment of this Act, smoking shall be prohibited in
Federal buildings.
(b) Enforcement.--
(1) Executive branch buildings.--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.
(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 all 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 all
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).
(4) Fines for noncompliance.--
(A) In general.--Each of the officials referred to
in paragraphs (1) through (3) shall implement an
enforcement process to impose a fine on an individual
who fails to comply with the prohibition contained in
subsection (a).
(B) Fine amounts.--The official shall impose a fine
of $250.00 for a first offense, $500.00 for a second
offense, and $1,000 for any subsequent offense.
SEC. 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 a Federal agency or department, including a military
installation or Veterans Administration facility from implementing more
protective smoke-free or tobacco-free laws.
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) 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 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) or buildings used by civilian
defense employees.
<all>
Introduced in House
Introduced in House
Referred to House Transportation and Infrastructure
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Administration
Referred to House Judiciary
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Courts and Competition Policy.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line