Title 20 — EducationRelease 119-73
§6083 Nonsmoking policy for children’s services
Title 20 › Chapter CHAPTER 68— - NATIONAL EDUCATION REFORM › Subchapter SUBCHAPTER X— - MISCELLANEOUS › Part Part B— - Environmental Tobacco Smoke › § 6083
Summary
No one may allow smoking inside indoor places used to give children routine or regular services for kindergarten, elementary, or secondary school, libraries, health care, day care, or Head Start after March 31, 1994. The rule does not apply to parts of a facility used for inpatient treatment of people addicted to drugs or alcohol, or to private homes. Federal agencies must follow the same rule for facilities they run or contract for. The ban becomes effective either 90 days after the Secretary publishes a notice in the Federal Register or 270 days after March 31, 1994, whichever comes first. A federal agency head can grant a short waiver if employees covered by a union contract in effect before March 31, 1994, have smoking rules in that contract. The waiver ends when that contract first expires after March 31, 1994, or 1 year after March 31, 1994, whichever is sooner. Breaking the rule can bring a civil fine up to $1,000 for each violation (each day counts as a separate violation), or an order to comply, or both. The total fines for continuing violations cannot be more than the federal funds the person got that fiscal year. The Secretary must give written notice by certified mail and a chance to ask for a hearing within 30 days. Decisions can be appealed to the U.S. Court of Appeals (in D.C. or any circuit where the person lives or does business) within 30 days after the final decision. If someone still won’t pay or obey a final order, the Attorney General will sue to collect the money plus interest or to enforce the order.
Full Legal Text
Title 20, §6083
Education — Source: USLM XML via OLRC
(a)After March 31, 1994, 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)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)(1)After March 31, 1994, 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)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)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)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’s services administered by such heads. Such prohibitions shall be effective 90 days after such notice is published, or 270 days after March 31, 1994, whichever occurs first.
(e)(1)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)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)(1)Any failure to comply with a prohibition in this section shall 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. Each day a violation continues shall constitute a separate violation. In the case of any civil penalty under this section, the total amount shall not exceed the amount of Federal funds received by such person for the fiscal year in which the continuing violations occurred. For the purpose of the prohibition in subsection (c), the term “person” shall mean the head of the applicable Federal agency or the contractor of such agency providing the services to children.
(2)A civil penalty may be assessed in a written notice, or an administrative compliance order may be issued, by the Secretary only after an opportunity for a hearing in accordance with section 554 of title 5. Before making such assessment or issuing such order, or both, the Secretary shall give written notice thereof to such person by certified mail with return receipt and provide therein an opportunity to request in writing not later than 30 days after the date of receipt of such notice such hearing. The notice shall reasonably describe the violation and be accompanied with the procedures for such hearing and a simple form to request such hearing if such person desires to use such form. If a hearing is requested, the Secretary shall establish by such certified notice the time and place for such hearing which should be located, to the greatest extent possible, at a location convenient to such person. The Secretary (or the Secretary’s designee) and such person may consult to arrange a suitable date and location where appropriate.
(3)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)The Secretary may, as appropriate, compromise, modify, or remit, with or without conditions, any civil penalty or administrative compliance order. In the case of a civil penalty, the amount, as finally determined by the Secretary or agreed upon in compromise, may be deducted from any sums that the United States or its agencies or instrumentalities owes to the person against whom the penalty is assessed.
(5)Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary under this section may file a petition for judicial review thereof with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. Such person shall provide a copy thereof to the Secretary or the Secretary’s designee. The petition shall be filed within 30 days after the Secretary’s assessment or order, or both, are final and have been provided to such person by certified mail. The Secretary shall promptly provide to the court a certified copy of the transcript of any hearing held under this section and a copy of the notice or order.
(6)If a person fails to pay an assessment of a civil penalty or comply with an order, after either or both are final under this section, or after a court under paragraph (5) has entered a final judgment in favor of the Secretary, the Attorney General, at the request of the Secretary, shall recover the amount of the civil penalty (plus interest at then currently prevailing rates from the day either or both are final) or enforce the order in an action brought in the appropriate district court of the United States. In such action, the validity and appropriateness of the penalty or order or the amount of the penalty shall not be subject to review.
Reference
Citations & Metadata
Citation
20 U.S.C. § 6083
Title 20 — Education
Last Updated
Apr 6, 2026
Release point: 119-73