Collapse to view only § 6083. Nonsmoking policy for children’s services
- § 6081. Short title
- § 6082. Definitions
- § 6083. Nonsmoking policy for children’s services
- § 6084. Preemption
§ 6081. Short title
This part may be cited as the “Pro-Children Act of 1994”.
(Pub. L. 103–227, title X, § 1041, Mar. 31, 1994, 108 Stat. 271.)
§ 6082. DefinitionsAs used in this part:
(1) Children
(2) Children’s servicesThe term “children’s services” means the provision on a routine or regular basis of health, day care, education, or library services—
(A) that are funded, after March 31, 1994, directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs—
(i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.]); or
(ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in 7 CFR 246.2) under section 17(b)(6) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(6)), or
(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, as determined by the appropriate Secretary in any enforcement action under this subchapter,
except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons are redeemed under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.].
(3) Person
(4) Indoor facility
(5) Secretary
(Pub. L. 103–227, title X, § 1042, Mar. 31, 1994, 108 Stat. 271.)
§ 6083. Nonsmoking policy for children’s services
(a) Prohibition
(b) Additional prohibition
After March 31, 1994, no person shall permit smoking within any indoor facility (or portion thereof) owned or leased or contracted for by such person for the provision by such person of regular or routine health care or day care or early childhood development (Head Start) services to children or for the use of the employees of such person who provides such services, except that this subsection shall not apply to—
(1) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and
(2) any private residence.
(c) Federal agencies
(1) Kindergarten, elementary, or secondary education or library services
(2) Health or day care or early childhood development services
After March 31, 1994, no Federal agency shall permit smoking within any indoor facility (or portion thereof) operated by such agency, directly or by contract, to provide routine or regular health or day care or early childhood development (Head Start) services to children, except that this paragraph shall not apply to—
(A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and
(B) any private residence.
(3) Application of provisions
(d) Notice
(e) Special waiver
(1) In general
On receipt of an application, the head of the Federal agency may grant a special waiver to a person described in subsection (a) who employs individuals who are members of a labor organization and provide children’s services pursuant to a collective bargaining agreement that—
(A) took effect before March 31, 1994; and
(B) includes provisions relating to smoking privileges that are in violation of the requirements of this section.
(2) Termination of waiver
A special waiver granted under this subsection shall terminate on the earlier of—
(A) the first expiration date (after March 31, 1994) of the collective bargaining agreement containing the provisions relating to smoking privileges; or
(B) the date that is 1 year after March 31, 1994.
(f) Civil penalties
(1) In general
(2) Administrative proceeding
(3) Circumstances affecting penalty or order
In determining the amount of the civil penalty or the nature of the administrative compliance order, the Secretary shall take into account, as appropriate—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, any good faith efforts to comply, the importance of achieving early and permanent compliance, the ability to pay or comply, the effect of the penalty or order on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and any demonstration of willingness to comply with the prohibitions of this section in a timely manner; and
(C) such other matters as justice may require.
(4) Modification
(5) Petition for review
(6) Failure to comply
(Pub. L. 103–227, title X, § 1043, Mar. 31, 1994, 108 Stat. 272.)
§ 6084. Preemption
Nothing in this part is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this part.
(Pub. L. 103–227, title X, § 1044, Mar. 31, 1994, 108 Stat. 274.)