S.Amdt. 3887

SA 3887. Mr. DURBIN (for himself and Mr. Carper) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1064. 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

[[Page S7378]]

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 subchapter II 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note) is repealed.
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