What This Bill Does
This bill bans smoking inside all facilities run by the Veterans Health Administration. It applies to everyone on these properties, including veterans, patients, employees and visitors.
Who It Affects
Veterans, patients, residents, Department of Veterans Affairs employees, contractors and visitors at Veterans Health Administration facilities.
Key Provisions
• No person may smoke on the premises of any Veterans Health Administration facility. (Sec. 1(a))
• "Smoke" includes using cigarettes, cigars, pipes and any other burning or heating of tobacco. (Sec. 1(b)(1)(A))
• "Smoke" also includes electronic nicotine delivery systems like e-cigarettes, vape pens and e-cigars. (Sec. 1(b)(1)(B))
• A "facility of the Veterans Health Administration" includes medical centers, nursing homes, domiciliary facilities, outpatient clinics and centers providing readjustment counseling that the Department of Veterans Affairs controls. (Sec. 1(b)(2))
What Changes
The law updates a previous rule from 1992 about smoking in veterans facilities and replaces it with this new complete smoking ban.
Important Definitions
• Smoke: using cigarettes, cigars, pipes, burning or heating tobacco, or using electronic nicotine delivery systems like e-cigarettes, vape pens and e-cigars.
• Facility: any land or building including medical centers, nursing homes, domiciliary facilities, outpatient clinics or readjustment counseling centers under Veterans Health Administration control.
I
118TH CONGRESS
1ST SESSION H. R. 2398
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 HOUSE OF REPRESENTATIVES
MARCH 29, 2023
Mr. WENSTRUP (for himself and Ms. UNDERWOOD) introduced the following
bill; which was 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-
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tives of the United States of America in Congress assembled,
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SECTION 1. PROHIBITION ON SMOKING IN FACILITIES OF
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THE VETERANS HEALTH ADMINISTRATION.
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(a) PROHIBITION.—Section 1715 of title 38, United
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States Code, is amended to read as follows:
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‘‘§ 1715. Prohibition on smoking in facilities of the
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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-
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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 ‘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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‘‘(2) 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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(b) CONFORMING AMENDMENTS.—
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(1) TABLE OF SECTIONS.—The table of sections
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at the beginning of chapter 17 of such title is
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•HR 2398 IH
amended by striking the item relating to section
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1715 and inserting the following:
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‘‘1715. Prohibition on smoking in facilities of the Veterans Health Administra-
tion.’’.
(2) VETERANS HEALTH CARE ACT OF 1992.—
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Section 526 of the Veterans Health Care Act of
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1992 (Public Law 102–585) is repealed.
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Æ
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