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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.

           *       *       *       *       *       *       *


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