§6083 Nonsmoking Policy for Children’s Services

Summary

No one may allow smoking inside any indoor place that is owned, leased, or used under contract to give regular kindergarten, elementary, or secondary education or library services to children after March 31, 1994. The same rule also applies to indoor places used to give regular health care, day care, or Head Start early childhood services to children, and to areas used by the employees who provide those services. Two exceptions: areas used for inpatient hospital treatment of people addicted to drugs or alcohol, and private homes, are not covered. Federal agencies must follow these same rules in the United States for places they run or contract. The ban becomes effective 90 days after a notice is published in the Federal Register or 270 days after March 31, 1994, whichever comes first. A federal agency head may grant a temporary waiver for a provider covered by a labor contract in effect before March 31, 1994 that allows smoking; the waiver ends at the first contract expiration after March 31, 1994 or 1 year after March 31, 1994, whichever is earlier. Violations can lead to a civil penalty up to $1,000 for each violation (each day is a separate violation), or an administrative order, or both. The total civil penalties for continuing violations in a fiscal year cannot exceed the federal funds that person received that year. The Secretary must give written notice by certified mail and allow a hearing request within 30 days. The Secretary can consider the seriousness of the violation, good faith efforts to comply, ability to pay, and other fair factors when deciding penalties, and may reduce or change penalties. A person can ask a U.S. Court of Appeals for review within 30 days after a final order. If a person does not pay or comply, the Attorney General can sue to collect or enforce the order.