[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Notices]
[Pages 63105-63106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25754]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Notice: Re-Authorization of Pro-Children Act of 1994 (``PCA'') 
Under the No Child Left Behind Act of 2001 (``NCLB'')

AGENCY: Department of Health and Human Services, Centers for Disease 
Control and Prevention.

ACTION: Notice; amendment.

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SUMMARY: The Department of Health and Human Services announces the re-
authorization of the Pro-Children Act of 1994. The Pro-Children Act 
prohibits smoking in facilities that are funded directly by the Federal 
Government or through State or local governments by Federal grant, 
loan, loan guarantee, or contract programs that offer education, 
library, day care, health care and early childhood development services 
(e.g., Head Start) on a routine and regular basis to children under the 
age of eighteen (18). The Act is being re-authorized under the No Child 
Left Behind Act of 2001, Pub. L. 107-110 (2001), effective January 8, 
2002.
    Prohibitions: The below prohibitions shall be effective 90 days 
after this notice is published, or 270 days after January 8, 2002, 
whichever occurs first. ``Any failure to comply with a prohibition in 
this section shall be considered to be a violation of this section and 
any person subject to such prohibition who commits such violation may 
be liable to the United States for a civil penalty in an amount not to 
exceed $1,000 for each violation, or may be subject to an 
administrative compliance order, or both, as determined by the 
Secretary.''
    ``(a) Prohibition--After the date of enactment of the No Child Left 
Behind Act of 2001, 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.
    (b) Additional Prohibition--(1) In General-After the date of 
enactment of the No Child Left Behind Act of 2001, no person shall 
permit smoking within any indoor facility (or portion of such a 
facility) owned or leased or contracted for, and utilized by, such 
person for the provision of regular or routine health care or day care 
or early childhood development (Head Start) services.
    (2) Exception--Paragraph (1) 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.
    (c) Federal Agencies--
    (1) Kindergarten, Elementary, or Secondary Education or Library 
Services--After the date of enactment of the No Child Left Behind Act 
of 2001, 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.
    (2) Health or Day Care or Early Childhood Development Services--
    (A) In General--After the date of enactment of the No Child Left 
Behind Act of 2001, no Federal agency shall permit smoking within any 
indoor facility (or portion of such facility) 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.
    (B) Exception--Subparagraph (A) 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.
    (3) Application of Provisions--The provisions of paragraph (2) 
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 (2) not subject to paragraph 
(1).''

SUPPLEMENTARY INFORMATION: Several federal departments have authority 
to implement and enforce the Pro-Children Act; Department of Health and 
Human

[[Page 63106]]

Services, Department of Education, and the United States Department of 
Agriculture. The Act does not apply to any portion of such facility 
that is used for inpatient hospital treatment of individuals dependent 
on, or addicted to, drugs or alcohol, or services provided in private 
residences. For additional information please view Federal Register 
Notice, 94 FRN 32136, or to see the statute in its entirety please view 
Public Law 107-110 (2001).

FOR FURTHER INFORMATION CONTACT: Pro-Children Act Liaison, Office on 
Smoking and Health, National Center for Chronic Disease Prevention and 
Health Promotion, Centers for Disease Control and Prevention, 4770 
Buford Highway, N.E., Mailstop K-50, Atlanta, GA 30341-3717, (770) 488-
5705, then press option 3.

    Dated: October 4, 2002.
Joseph R. Carter,
Associate Director for Management and Operations, Centers for Disease 
Control and Prevention.
[FR Doc. 02-25754 Filed 10-9-02; 8:45 am]
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