[House Report 116-199]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-199
======================================================================
BANNING SMOKING ON AMTRAK ACT OF 2019
_______
September 9, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2726]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2726) to amend title 49, United
States Code, to prohibit smoking on Amtrak trains, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
C O N T E N T S
Page
Purpose of Legislation........................................... 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority and Tax Expenditures........................ 2
Congressional Budget Office Cost Estimate........................ 2
Performance Goals and Objectives................................. 3
Duplication of Federal Programs.................................. 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose of Legislation
The purpose of H.R. 2726 is to prohibit smoking and the use
of electronic cigarettes on Amtrak trains.
Background and Need for Legislation
In 1993, Amtrak first implemented an internal policy that
prohibited smoking on its trains, thruway buses, and stations.
This policy was later amended to include a prohibition on the
use of electronic smoking devices, such as electronic
cigarettes. This legislation codifies Amtrak's internal policy
as it applies to Amtrak trains.
Hearings
No hearings were used to develop or consider H.R. 2726 this
Congress.
Legislative History and Consideration
H.R. 2726 was introduced in the House on May 14, 2019, by
Ms. Norton, and referred to the Committee on Transportation and
Infrastructure. Within the Committee, H.R. 2726 was referred to
the Subcommittee on Railroads, Pipelines, and Hazardous
Materials.
The Subcommittee on Railroads, Pipelines, and Hazardous
Materials was discharged from further consideration of H.R.
2726 on June 26, 2019.
The Full Committee met in open session to consider H.R.
2726 on June 26, 2019, and ordered the measure to be reported
to the House with a favorable recommendation, without
amendment, by voice vote with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No recorded votes were requested during consideration of
H.R. 2726.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 2726 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 12, 2019.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2726, the Banning
Smoking on Amtrak Act of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2726 would codify Amtrak's prohibition on smoking,
including electronic cigarettes, on all trains. Amtrak has had
restrictions on onboard smoking in some form since 1993.
Because the requirements under H.R. 2726 are consistent
with current Amtrak policy, CBO estimates that enacting the
bill would have no effect on the federal budget.
The CBO staff contact for this estimate is Robert Reese.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to codify
Amtrak's internal policy on smoking and use of electronic
cigarettes on Amtrak trains.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 2726 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 2726 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Banning Smoking on Amtrak Act of 2019''.
Sec. 2. Prohibition on smoking on Amtrak trains
This section prohibits smoking and the use of electronic
cigarettes on Amtrak trains.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE V--RAIL PROGRAMS
* * * * * * *
PART C--PASSENGER TRANSPORTATION
* * * * * * *
CHAPTER 243--AMTRAK
Sec.
24301. Status and applicable laws.
* * * * * * *
24323. Prohibition on smoking on Amtrak trains.
* * * * * * *
Sec. 24323. Prohibition on smoking on Amtrak trains
(a) Prohibition.--Beginning on the date of enactment of the
Banning Smoking on Amtrak Act of 2019, Amtrak shall prohibit
smoking on board Amtrak trains.
(b) Electronic Cigarettes.--
(1) Inclusion.--The use of an electronic cigarette
shall be treated as smoking for purposes of this
section.
(2) Electronic cigarette defined.--In this section,
the term ``electronic cigarette'' means a device that
delivers nicotine or other substances to a user of the
device in the form of a vapor that is inhaled to
simulate the experience of smoking.
* * * * * * *
[all]