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.

#2171 | S Congress #119

Subjects:

Last Action: Read twice and referred to the Committee on Veterans' Affairs. (text: CR S3534) (6/25/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The proposed legislation aims to amend Title 38 of the United States Code to establish a complete prohibition on smoking within any facility operated by the Veterans Health Administration (VHA). This includes all land and buildings such as medical centers, nursing homes, outpatient clinics, and counseling centers under the VHA's jurisdiction, but not those managed by the General Services Administration.

Key provisions include:
- A clear ban on smoking for all individuals on the premises, including veterans, patients, employees, contractors, and visitors.
- A broad definition of "smoke," encompassing traditional tobacco products like cigarettes and cigars, as well as electronic nicotine delivery systems such as e-cigarettes and vape pens.
- The legislation also includes a clerical amendment to update the table of sections in the relevant legal statutes to reflect this change.

Additionally, the bill repeals an existing provision in the Veterans Health Care Act of 1992 that may conflict with this new prohibition. Overall, the intent is to promote a healthier environment for veterans and personnel within VHA facilities.

Possible Impacts

Here are three examples of how the proposed legislation to prohibit smoking on the premises of Veterans Health Administration (VHA) facilities could affect people:

1. **Health Impact for Patients and Residents**: The legislation aims to create a smoke-free environment within VHA facilities, which could significantly improve the health of patients and residents. Many veterans may be receiving treatment for conditions exacerbated by smoking, such as respiratory illnesses or cardiovascular diseases. A smoke-free environment could reduce secondhand smoke exposure, promoting better health outcomes and a more conducive healing environment for all individuals in these facilities.

2. **Support for Smoking Cessation Efforts**: This legislation could bolster smoking cessation programs within VHA facilities. By prohibiting smoking on the premises, it creates a supportive environment that encourages veterans who smoke to seek help in quitting. This could lead to an increase in participation in counseling and treatment programs designed to help individuals quit smoking, ultimately leading to improved long-term health for veterans.

3. **Impact on Staff and Visitors**: The prohibition on smoking would affect all employees, contractors, and visitors at VHA facilities. For staff, it may create a healthier workplace, reducing the risk of exposure to secondhand smoke and potentially lowering healthcare costs associated with smoking-related illnesses. For visitors, it provides a cleaner and more pleasant environment when attending appointments or visiting loved ones. However, it may also inconvenience those who smoke, as they would have to seek designated smoking areas outside the premises, altering their routines and potentially affecting visitor attendance.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2171 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 2171

   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

                June 25 (legislative day, June 24), 2025

  Mr. Durbin (for himself, Ms. Collins, Mr. Booker, and Mrs. Murray) 
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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON SMOKING IN FACILITIES OF THE VETERANS HEALTH 
              ADMINISTRATION.

    (a) Prohibition.--
            (1) In general.--Section 1715 of title 38, United States 
        Code, is amended to read as follows:
``Sec. 1715. Prohibition on smoking in facilities of the Veterans 
              Health Administration
    ``(a) Prohibition.--No person (including any veteran, patient, 
resident, employee of the Department, contractor, or visitor) may smoke 
on the premises of any facility of the Veterans Health Administration.
    ``(b) Definitions.--In this section:
            ``(1) The term `facility of the Veterans Health 
        Administration' means any land or building (including any 
        medical center, nursing home, domiciliary facility, outpatient 
        clinic, or center that provides readjustment counseling) that 
        is--
                    ``(A) under the jurisdiction of the Department of 
                Veterans Affairs;
                    ``(B) under the control of the Veterans Health 
                Administration; and
                    ``(C) not under the control of the General Services 
                Administration.
            ``(2) The term `smoke' includes--
                    ``(A) the use of cigarettes, cigars, pipes, and any 
                other combustion or heating of tobacco; and
                    ``(B) the use of any electronic nicotine delivery 
                system, including electronic or e-cigarettes, vape 
                pens, and e-cigars.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 17 of such title is amended by striking 
        the item relating to section 1715 and inserting the following 
        new item:

``1715. Prohibition on smoking in facilities of the Veterans Health 
                            Administration.''.
    (b) Conforming Amendment.--Section 526 of the Veterans Health Care 
Act of 1992 (Public Law 102-585; 38 U.S.C. 1715 note) is repealed.
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