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(5) the health risks posed by environmental to-
bacco smoke exceed the risks posed by many environ-
mental pollutants regulated by the Environmental
Protection Agency; and
(6) according to information released by the En-
vironmental Protection Agency, environmental to-
bacco smoke results in a loss to the economy of over
$3,000,000,000 per year.
SEC. 603. DEFINITIONS.
As used in this title:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) CHILDREN.—The term ‘‘children’’ means in-
dividuals who have not attained the age of 18.
(3) CHILDREN’S
SERVICES.—The term ‘‘chil-
dren’s services’’ means—
(A) direct health services that are routinely
provided to children and that are funded (in
whole or in part) by Federal funds; or
(B) any other direct services that are rou-
tinely provided primarily to children, including
educational services and that are funded (in
whole or in part) by Federal funds.
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(4) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means an entity in the executive, legislative or ju-
dicial branch of the Federal Government.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Health and Human Services.
SEC. 604. NONSMOKING POLICY FOR CHILDREN’S SERV-
ICES.
(a) ISSUANCE OF GUIDELINES.—Not later than 180
days after the date of enactment of this Act, the Adminis-
trator shall issue guidelines for instituting and enforcing
a nonsmoking policy at each indoor facility where chil-
dren’s services are provided.
(b) CONTENTS OF GUIDELINES.—A nonsmoking policy
that meets the requirements of the guidelines shall, at a
minimum, prohibit smoking in each portion of an indoor
facility where children’s services are provided that is not
ventilated separately (as defined by the Administrator)
from other portions of the facility.
SEC. 605. TECHNICAL ASSISTANCE.
The Administrator and the Secretary shall provide
technical assistance to persons who provide children’s serv-
ices and other persons who request technical assistance. The
technical assistance shall include information—
(1) on smoking cessation programs for employ-
ees; and
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(2) to assist in compliance with the requirements
of this title.
SEC. 606. FEDERALLY FUNDED PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, each person who provides children’s services
shall establish and make a good-faith effort to enforce a non-
smoking policy that meets or exceeds the requirements of
subsection (b).
(b) NONSMOKING POLICY.—
(1) GENERAL
REQUIREMENTS.—A nonsmoking
policy meets the requirements of this subsection if the
policy—
(A) is consistent with the guidelines issued
under section 604(a);
(B) prohibits smoking in each portion of an
indoor facility used in connection with the pro-
vision of services directly to children; and
(C) where appropriate, requires that signs
stating that smoking is not permitted be posted
in each indoor facility to communicate the
policy.
(2) PERMISSIBLE
FEATURES.—A nonsmoking
policy that meets the requirements of this subsection
may allow smoking in those portions of the facility—
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(A) in which services are not normally pro-
vided directly to children; and
(B) that are ventilated separately from
those portions of the facility in which services
are normally provided directly to children.
(c) WAIVER.—
(1) IN GENERAL.—A person described in sub-
section (a) may publicly petition the head of the Fed-
eral agency from which the person receives Federal
funds (including financial assistance) for a waiver
from any or all of the requirements of subsection (b).
(2) CONDITIONS FOR GRANTING A WAIVER.—Ex-
cept as provided in paragraph (3), the head of the
Federal agency may grant a waiver only—
(A) after consulting with the Administrator,
and 
receiving 
the 
concurrence 
of 
the
Administrator;
(B) after giving an opportunity for public
hearing (at the main office of the Federal agency
or at any regional office of the agency) and com-
ment; and
(C) if the person requesting the waiver pro-
vides assurances that are satisfactory to the head
of the Federal agency (with the concurrence of
the Administrator) that—