108 STAT. 272 PUBLIC LAW 103-227—MAR. 31, 1994 20 USC 6083. Federal Register, publication. Effective date. (5) SECRETARY. — The term "Secretary" means the Secretary of Health and Human Services. SEC. 1043. NONSMOKING POLICY FOR CHILDREN'S SERVICES. (a) PROHIBITION. —After the date of the enactment of this Act, 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. —Afler the date of the enactment of this Act, no person shall permit smoking within any indoor facility (or portion thereoO 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. —Afler the date of the enactment of this Act, 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 DEVELOP- MENT SERVICES.— After the date of the enactment of this Act, 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.— 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). (d) NOTICE.—The prohibitions in subsections (a) through (c) shall be incorporated by publication of a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies) and by such agency heads in funding arrangements involving the provision of children'services administered by such heads. Such prohibitions shall be effective 90 days after such notice is published, or 270 days after the date of the enactment of this Act, whichever occurs first. (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
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