What This Bill Does
This bill would ban smoking in all Veterans Health Administration facilities. The ban would apply to veterans, patients, employees, contractors and visitors at these locations.
Who It Affects
Veterans, patients, residents, employees of the Department of Veterans Affairs, contractors and visitors at Veterans Health Administration facilities.
Key Provisions
- No person may smoke on the premises of any Veterans Health Administration facility (Sec. 1715(a))
- The smoking ban includes traditional tobacco products like cigarettes, cigars and pipes, as well as any heating or burning of tobacco (Sec. 1715(b)(2)(A))
- The smoking ban includes electronic nicotine delivery systems such as electronic cigarettes, vape pens and e-cigars (Sec. 1715(b)(2)(B))
- "Facilities of the Veterans Health Administration" includes medical centers, nursing homes, domiciliary facilities, outpatient clinics and centers that provide readjustment counseling that are under Department of Veterans Affairs jurisdiction and Veterans Health Administration control (Sec. 1715(b)(1))
What Changes
If this becomes law, smoking would be prohibited at all Veterans Health Administration facilities. An existing provision from the Veterans Health Care Act of 1992 related to smoking would be removed.
Important Definitions
The bill defines "smoke" to mean the use of cigarettes, cigars, pipes, any combustion or heating of tobacco, and any electronic nicotine delivery systems including e-cigarettes, vape pens and e-cigars.
II
118TH CONGRESS
1ST SESSION
S. 1040
To amend title 38, United States Code, to prohibit smoking on the premises
of any facility of the Veterans Health Administration, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 29, 2023
Mr. DURBIN (for himself, Ms. COLLINS, Mr. CARPER, Mr. BROWN, Ms.
HIRONO, Mr. WYDEN, Mrs. MURRAY, Mr. REED, Mr. BOOKER, Mr.
BLUMENTHAL, and Mr. KAINE) introduced the following bill; which was
read twice and referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to prohibit smoking
on the premises of any facility of the Veterans Health
Administration, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. PROHIBITION ON SMOKING IN FACILITIES OF
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THE VETERANS HEALTH ADMINISTRATION.
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(a) PROHIBITION.—
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(1) IN
GENERAL.—Section 1715 of title 38,
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United States Code, is amended to read as follows:
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•S 1040 IS
‘‘§ 1715. Prohibition on smoking in facilities of the
1
Veterans Health Administration
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‘‘(a) PROHIBITION.—No person (including any vet-
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eran, patient, resident, employee of the Department, con-
4
tractor, or visitor) may smoke on the premises of any facil-
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ity of the Veterans Health Administration.
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‘‘(b) DEFINITIONS.—In this section:
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‘‘(1) The term ‘facility of the Veterans Health
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Administration’ means any land or building (includ-
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ing any medical center, nursing home, domiciliary
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facility, outpatient clinic, or center that provides re-
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adjustment counseling) that is—
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‘‘(A) under the jurisdiction of the Depart-
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ment of Veterans Affairs;
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‘‘(B) under the control of the Veterans
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Health Administration; and
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‘‘(C) not under the control of the General
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Services Administration.
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‘‘(2) The term ‘smoke’ includes—
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‘‘(A) the use of cigarettes, cigars, pipes,
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and any other combustion or heating of to-
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bacco; and
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‘‘(B) the use of any electronic nicotine de-
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livery system, including electronic or e-ciga-
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rettes, vape pens, and e-cigars.’’.
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•S 1040 IS
(2) CLERICAL AMENDMENT.—The table of sec-
1
tions at the beginning of subchapter II of chapter 17
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of such title is amended by striking the item relating
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to section 1715 and inserting the following new
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item:
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‘‘1715. Prohibition on smoking in facilities of the Veterans Health Administra-
tion.’’.
(b) CONFORMING AMENDMENT.—Section 526 of the
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Veterans Health Care Act of 1992 (Public Law 102–585;
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38 U.S.C. 1715 note) is repealed.
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Æ
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