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Text of Measure -- S. 262 Preventing our Federal Building Workers and Visitors From Exposure to Deadly Smoke (PRO-FEDS) Act of 1993 [CR page 5-919, 220 lines] S. 262 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 "Preventing Our Federal Building Workers and Visitors From Exposure to Deadly Smoke (PRO-FEDS) Act of 1993". SEC. 2. FINDINGS. Congress finds that-- (1) environmental tobacco smoke comes from secondhand smoke exhaled by smokers and sidestream smoke emitted from the burning of cigarettes, cigars, and pipes; (2) since citizens of the United States spend up to 90 percent of a day indoors, there is a significant potential for exposure to environmental tobacco smoke from indoor air; (3) exposure to environmental tobacco smoke occurs in schools, public buildings, and other indoor facilities; (4) recent scientific studies have concluded that exposure to 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 in sensitive populations (including children); (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) according to information released by the Environmental Protection Agency, environmental tobacco smoke results in a loss to the economy of over $3,000,000,000 per year. 878v5466

SEC. 3. DEFINITIONS. As used in this Act: '(1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency. (2) Executive agency.--The term "Executive agency" has the meaning provided in section 105 of title 5, United States Code. (3) Federal agency.--The term "Federal agency" includes any Executive agency, the Executive Office of the President, any military department, any court of the United States, the Administrative Office of the United States Courts, the Library of Congress, the Botanic Garden, the Government Printing Office, the Congressional Budget Office, the United States Postal Service, the Postal Rate Commission, the Office of the Architect of the Capitol, the Office of Technology Assessment, and any other agency of the executive, legislative, and judicial branches. (4) Federal building.--The term "Federal building" means any building or other structure owned or leased for use by a Federal agency, except that the term shall not include any area of a building that is used primarily as living quarters. (5) Secretary.--The term "Secretary" means the Secretary of Health and Human Services. SEC. 4. NONSMOKING POLICY FOR FEDERAL BUILDINGS. (a) In General.-- (1) Issuance of guidelines.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue guidelines for instituting and enforcing a nonsmoking policy at each Federal agency. (2) Contents of guidelines.--A nonsmoking policy that meets the requirements of the guidelines shall, at a minimum, prohibit smoking in each indoor portion of a Federal building that is not ventilated separately (as defined by the Administrator) from other portions of the facility. (b) Adoption of Guidelines.-- (1) In general.--As soon as is practicable after the date of issuance of the guidelines referred to in subsection (a), the head of each Executive agency, and the Director of the Administrative Office of the United States Courts shall adopt a nonsmoking policy applicable to the Federal agency under the jurisdiction of the individual that meets the requirements of the guidelines referred to in subsection (a), and take such action as is necessary to ensure that the policy is carried out in the manner specified -.1 g*7gO546'7

the guidelines. (2) Legislative branch.--As soon as is practicable after the date of issuance of the guidelines referred to in subsection (a), the following entities and individuals shall adopt a nonsmoking policy that meets the requirements of the guidelines referred to in subsection (a), and take such action as is necessary to ensure that the policy is carried out in the manner specified in the guidelines: (A) With respect to the House of Representatives (including any office space or buildings of the House of Representatives), the House Office Building Commission. (B) With respect to the Senate (including any office space or buildings of the Senate), the Committee on Rules and Administration of the Senate. (C) With respect to any other area occupied or used by a Federal agency of the legislative branch, the Architect of the Capitol. (3) Certification for executive agencies.--The Administrator of General Services, in consultation with the Administrator, shall review each nonsmoking policy adopted by the head of an Executive agency and shall certify those policies that meet the requirements of the guidelines referred to in subsection (a). In carrying out the certification, the Administrator of General Services shall use a procedure and apply criteria that the Administrator shall establish. Except as provided in subsection (c), if a policy does not meet the requirements of the guidelines, the Administrator of General Services shall-- (A) in a written communication, advise the head of the Executive agency concerning modifications of the policy to meet the requirements; and (B) publish the communication in the Federal Register. (c) Waivers.-- (1) Executive agencies.--The head of an Executive agency may publicly petition the Administrator of General Services for a waiver from instituting or enforcing a nonsmoking policy (or policy requirement) under the guidelines issued pursuant to subsection (a). The Administrator of General Services may waive the requirement if, after consultation with the Administrator, the Administrator of General Services determines that-- (A) unusual extenuating circumstances prevent the head of the Federal agency from enforcing the policy (or a requirement under the policy) (including a case in which the Federal agency shares space in an indoor facility with a non-Federal entity and cannot obtain an agreement with the other entity to abide by the nonsmoking policy requirement) and the head of the Executive agency will establish and make a good-faith effort to enforce an alternative nonsmoking policy (or alternative requirement under the policy) that will protect individuals from exposure to environmental tobacco smoke to the maximum extent possible; or 87805468

(B) the head of the Executive agency will enforce an alternative nonsmoking policy (or alternative requirement under the policy) that will protect individuals from exposure to environmental tobacco smoke to the same degree as the requirement under the guidelines issued pursuant to subsection (a). ,(2) Agencies of the judicial branch.--After consultation with the Administrator, and after providing public notice and reasonable opportunity for public review and comment, the Director of the Administrative Office of the United States Courts may, on the basis of the criteria for a waiver referred to in paragraph (1), make such modifications to the nonsmoking policy required to be carried out pursuant to subsection (b) as the Director determines to be necessary. The Director may not make any modification that violates the criteria for a waiver under paragraph (1). (3) Agencies of the legislative branch.--After consultation with the Administrator, and after providing public notice and reasonable opportunity for public review and comment, the appropriate entity or individual referred to in subparagraphs (A) through (C) of subsection (b)(2) may, on the basis of the criteria for a waiver referred to in paragraph (1), make such modifications to the nonsmoking policy required to be carried out pursuant to subsection (b) as the entity or individual determines to be necessary. The entity or individual may not make any modification that violates the criteria for a waiver under paragraph (1). (d) Collective Bargaining Agreements.-- (1) In general.--In a Federal agency in which a labor organization has been accorded recognition as a bargaining unit pursuant to chapter 71 of title 5, United States Code, the Federal agency shall engage in collective bargaining pursuant to section 7114 of title 5, United States Code, to ensure the implementation of the requirements of this section that affect work areas predominately occupied by the employees represented by the labor organization by the date of the adoption, pursuant to this section, of a nonsmoking policy applicable to the Federal agency. (2) Exemption.-- (A) In general.--If, on the date of enactment of this Act-- (i) a bargaining unit referred to in paragraph (1) has in effect a collective bargaining agreement with respect to which a Federal agency is a party; and (ii) the collective bargaining agreement referred to in clause (i) includes provisions relating to smoking privileges that are in violation of the requirements of this section, the head of the Federal agency may exempt work areas predominately occupied by the employees subject to the collective bargaining agreement from the nonsmoking policy that the Federal agency is required to be carried out unu 87805469

subsection (b) . (B) Termination of exemption.-- (i) In general.--An exemption referred to in subparagraph (A) shall terminate on the earlier of-- (I) the first expiration date (after the date of enactment of this Act) of the collecting bargaining agreement containing the provisions relating to smoking privileges; or (II) the date that is 1 year after the date of issuance of the guidelines. (ii) Implementation of nonsmoking policy after termination date.-- By the applicable date specified in clause (i)(II), the head of each Federal agency shall be required to enforce a nonsmoking policy that meets the requirements of the guidelines issued under subsection (a) in each work area under the jurisdiction of the head of the Federal agency, notwithstanding any collective bargaining agreement that contains provisions that are less restrictive than the nonsmoking policy. SEC. 5. TECHNICAL ASSISTANCE AND OUTREACH ACTIVITIES. (a) Technical Assistance.--The Administrator and the Secretary shall provide technical assistance to the heads of Federal agencies and other persons who request technical assistance. The technical assistance shall include information-- (1) on smoking cessation programs for employees; and (2) to assist in compliance with the requirements of this Act. (b) Outreach Activities.-- (1) In general.--The Administrator, in consultation with the Secretary, shall establish an outreach program to inform the public concerning the dangers of environmental tobacco smoke. As part of the outreach program, the Administrator and the Secretary shall make available to the general public brochures and other educational materials. In establishing the programs under this paragraph, the Administrator and the Secretary shall cooperate to maximize the sharing of information and resources. (2) Environmental tobacco smoke advisory office.-- (A) In general.--The Administrator shall establish within the Office of Radiation and Indoor Air of the Environmental Protection Agency an office, to be known as the "Environmental Tobacco Smoke Advisory Office". The Administrator shall appoint a Director to carry out the functions of the office. 8'78054'70

(B) Duties of the director.--The Director shall-- (i) provide information on smoking cessation; (ii) provide information to assist in compliance with the requirements of this Act; (iii) provide information on the dangers of environmental tobacco smoke to any person who requests the information; (iv) establish a telephone hotline to provide information on the dangers of environmental tobacco smoke; and (v) carry out any other function of the Office that the Administrator determines to be appropriate. SEC. 6. REPORT BY THE ADMINISTRATOR. Not later than 2 years after the date of enactment of this Act, the Administrator shall submit a report to Congress that includes-- (1) information concerning the degree of compliance with this Act; and (2) an assessment of the legal status of smoking in public places. SEC. 7. 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.