115 STAT. 1774 PUBLIC LAW 107-110-^AN. 8, 2002 "(5) SECRETARY.—The term 'Secretary' means the Secretary of Health and Human Services. 20 USC 7183. "SEC. 4303. NONSMOKING POLICY FOR CHILDREN'S SERVICES. "(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 EDU- CATION 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 DEVELOP- MENT 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). Federal Register, "(d) NOTICE. —The prohibitions in subsections (a) through (c) publication. shall be published in 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 enactment of the No Child Left Behind Act of 2001, whichever occurs first.
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