Collapse to view only § 7974. Preemption
- § 7971. Short title
- § 7972. Definitions
- § 7973. Nonsmoking policy for children’s services
- § 7974. Preemption
§ 7971. Short title
This subpart 1
1 See References in Text note below.
may be cited as the “Pro-Children Act of 2001”.(Pub. L. 89–10, title VIII, § 8571, formerly title IV, § 4301, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1773; renumbered title IX, § 9561, renumbered title VIII, § 8571, Pub. L. 114–95, title IV, § 4001(a)(4)(A), (B), (C)(ii), title VIII, § 8001(a)(9), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.)
§ 7972. DefinitionsAs used in this subpart: 1
1 See References in Text note below.
(1) Children
(2) Children’s servicesThe term “children’s services” means the provision on a routine or regular basis of health, day care, education, or library services—
(A) that are funded, after January 8, 2002, directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs—
(i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.]); or
(ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in part 246.2 of title 7, Code of Federal Regulations (or any corresponding similar regulation or ruling)) under section 17(b)(6) of the Child Nutrition Act of 1966 [42 U.S.C. 1786(b)(6)]; or
(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, as determined by the appropriate head of a Federal agency in any enforcement action carried out under this subpart,1
except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons are redeemed under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.].
(3) Indoor facility
(4) Person
(5) Secretary
(Pub. L. 89–10, title VIII, § 8572, formerly title IV, § 4302, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1773; renumbered title IX, § 9562, renumbered title VIII, § 8572, Pub. L. 114–95, title IV, § 4001(a)(4)(A), (B), (C)(ii), title VIII, § 8001(a)(9), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.)
§ 7973. Nonsmoking policy for children’s services
(a) Prohibition
(b) Additional prohibition
(1) In general
(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
(2) Health or day care or early childhood education programs
(A) In general
(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
(d) Notice
(e) Civil penalties
(1) In general
(2) Administrative proceeding
(3) Circumstances affecting penalty or order
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) Modification
(5) Petition for review
(6) Failure to comply
(Pub. L. 89–10, title VIII, § 8573, formerly title IV, § 4303, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1774; renumbered title IX, § 9563, renumbered title VIII, § 8573, and amended Pub. L. 114–95, title IV, § 4001(a)(1), (4)(A), (B), (C)(ii), title VIII, § 8001(a)(9), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.)
§ 7974. Preemption
Nothing in this subpart 1
1 See References in Text note below.
is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this subpart.1(Pub. L. 89–10, title VIII, § 8574, formerly title IV, § 4304, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1776; renumbered title IX, § 9564, renumbered title VIII, § 8574, Pub. L. 114–95, title IV, § 4001(a)(4)(A), (B), (C)(ii), title VIII, § 8001(a)(9), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.)