[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-32136]


[[Page Unknown]]

[Federal Register: December 30, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

 

Implementation of Pro-Children Act of 1994

AGENCY: Office of the Secretary and Centers for Disease Control and 
Prevention, PHS, HHS.

ACTION: Notice to prohibit smoking in certain facilities.

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SUMMARY: The Department of Health and Human Services announces the 
implementation of the Pro-Children Act of 1994, which prohibits smoking 
in certain facilities in which education, library, day care, health 
care and early childhood development (including WIC and Head Start) 
services are provided to children. In accordance with section 1043(d) 
of the Act, the Secretary of Health and Human Services is publishing 
the prohibitions which restrict smoking in certain indoor facilities.

DATES: The prohibitions contained in the Pro-Children Act of 1994 will 
be effective on December 26, 1994.

for further information contact: Department of Health and Human 
Services--Karen M. Deasy, Assistant Director, Office of Smoking and 
Health, Centers for Disease Control and Prevention, 330 C St. SW., Room 
1229, Washington, DC 20201, (202) 205-8598; Department of Education--
Debbie Rudy, Safe and Drug-Free Schools Program, 600 Independence Ave. 
SW., The Portals--Room 4011-B, Washington, DC 20202-6123, (202) 260-
3954; Department of Agriculture--Stanley C. Garnett, Director, 
Supplemental Food Programs Division, Food and Consumer Service, 3101 
Park Center Drive--Room 540, Alexandria, Va 22302, (703) 305-2746.

SUPPLEMENTARY INFORMATION: The Pro-Children Act of 1994 (20 U.S.C. 
6081-6084), hereafter referred to as ``the Act,'' was enacted on March 
31, 1994, as sections 1041 through 1044 of Public Law 103-227, the 
``Goals 2000: Educate America Act.'' The purpose of this Act is to 
protect children under the age of 18 from exposure to environmental 
tobacco smoke when receiving education, library, day care, health care, 
and early childhood development services in indoor facilities. The Act 
seeks to achieve this goal by requiring persons that provide children's 
services in indoor facilities to prohibit smoking in such facilities if 
they are regularly or routinely used for the delivery of those 
services. Similar prohibitions apply to federal agencies that provide 
those services to children.
    Section 1043(d) of the Act requires that the Secretary of Health 
and Human Services, in consultation with other affected agencies, 
publish a Notice in the Federal Register incorporating the Act's 
prohibitions. Section 1043(d) further provides that the Act will become 
effective ninety days from the issuance of this notice or 270 days 
after enactment of the Act (March 31, 1994) whichever is earlier. The 
prohibitions that follow are being published in furtherance of these 
requirements.

Prohibitions Contained in the Pro-Children Act of 1994

1. Persons That Provide Children's Services

    a. No person shall permit smoking within any indoor facility owned 
or leased or contracted for and utilized by such person for provision 
of routine or regular kindergarten, elementary, or secondary education 
or library services to children.\1\
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    \1\``Person'' is defined in section 1042(3) of the Act as:
    * * * any State or local subdivision thereof, agency of such 
State or subdivision, corporation, or partnership that owns or 
operates or otherwise controls and provides children's services or 
any individual who owns or operates or otherwise controls and 
provides such services.
    ``Children's services'' is defined in section 1042(2) as:
    * * * the provision on a routine or regular basis of health, day 
care, education or library services--
    (A) that are funded, after the date of enactment of this Act, 
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 that services provided 
and funded solely under titles XVIII and XIX of the Social Security 
Act); 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 
title,
    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.
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    b. 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 provide such 
services, except that this shall not apply to:
    (i) any portion of such facility that is used for inpatient 
hospital treatment of individuals dependent on, or addicted to, drugs 
or alcohol; and
    (ii) any private residence.

2. Federal Agencies That Provide Services to Children

    a. No Federal agency shall permit smoking within any indoor 
facility in the United States operated by such agency, directly or by 
contract, to provide routine or regular kindergarten, elementary, or 
secondary education or library services to children.
    b. 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 shall not apply to:
    (i) any portion of such facility that is used for inpatient 
hospital treatment of individuals dependent on, or addicted to, drugs 
or alcohol; and
    (ii) any private residence.
    c. The provisions of paragraph (b) shall also apply to the 
provision of such routine or regular kindergarten, elementary or 
secondary education or library services in the facilities described in 
paragraph (b) not subject to paragraph (a).
    The Act provides civil penalties of up to $1000.00 for each 
violation and for the issuance of administrative compliance orders. 
Each day a violation continues constitutes a separate violation.

    Dated: December 22, 1994.
Donna E. Shalala,
Secretary.
[FR Doc. 94-32136 Filed 12-23-94; 3:05 pm]
BILLING CODE 4160-18-M