S. 1040Senate118th Congress (2023-2025)In Committee

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.

Introduced March 29, 2023

AI-Generated Summary

Updated January 20, 2026 at 5:23 AM UTC

The bill amends Title 38 of the U.S. Code to ban smoking in all Veterans Health Administration (VHA) facilities. It makes it illegal for anyone—veterans, patients, staff, contractors, or visitors—to smoke anywhere on VHA property. The rule applies to all VHA‑controlled medical centers, nursing homes, outpatient clinics, and similar sites, covering both traditional tobacco products and electronic nicotine devices.

Key Provisions

  • Adds a prohibition that no person may smoke on the premises of any VHA facility.
  • Defines “facility of the Veterans Health Administration” to include any land or building under VA jurisdiction and VHA control, excluding those managed by the General Services Administration.
  • Defines “smoke” to cover cigarettes, cigars, pipes, other tobacco combustion, and all electronic nicotine delivery systems such as e‑cigarettes and vape pens.
  • Repeals the previous Section 526 of the Veterans Health Care Act of 1992 that referenced the old smoking provision.

Legislative Activity

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2 earlier actions
SenateCommittee Latest Action

Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 118-217.

July 12, 2023

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SenateIntro Referral

Introduced in Senate

March 29, 2023

SenateIntro Referral

Read twice and referred to the Committee on Veterans' Affairs. (text: CR S1054-1055)

March 29, 2023

SenateCommittee

Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 118-217.

July 12, 2023

Floor Debate

3 members

What members said about S. 1040 on the floor

3 Democrats
Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Mar 29, 2023

Madam President, the Senate today has finally voted to repeal two outdated and obsolete authorizations for the use of military force--those that launched two wars against the Iraqi Government of…

Jack Reed
Sen. Jack ReedD-RI · Mar 29, 2023

Madam President, today I am introducing the Protection from Abusive Passengers Act, a bill that is aimed at eliminating the rash of violence and abuse that is occurring on commercial flights across…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Mar 29, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Mar 29, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued March 29, 2023

II

118th CONGRESS

1st Session

S. 1040

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.

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:

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 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.