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by such agency to carry out the purpose of this
subpart;
(B) the State educational agency will pro-
vide such fiscal control and funds accounting as
the Secretary may require;
(C) every public elementary school in the
State is eligible to receive assistance under this
subpart once over the 5-year duration of the pro-
gram assisted under this subpart;
(D) funds provided under this subpart will
supplement, not supplant, State and local funds
made available for activities authorized under
this subpart;
(E) during the 5-year period described in
the application, the State educational agency
will evaluate its standards and programs for
teacher preparation and inservice professional
development for elementary mathematics and
science;
(F) the State educational agency will take
into account the needs for greater access to and
participation in mathematics and science by stu-
dents 
and 
teachers 
from 
historically
underrepresented groups, including females, mi-
norities, individuals with limited-English pro-
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ficiency, the economically disadvantaged, and in-
dividuals with disabilities; and
(G) that the needs of teachers and students
in areas with high concentrations of low-income
students and sparsely populated areas will be
given priority in awarding assistance under this
subpart;
(2) provide, if appropriate, a description of how
funds paid under this subpart will be coordinated
with State and local funds and other Federal re-
sources, particularly with respect to programs for the
professional development and inservice training of el-
ementary school teachers in science and mathematics;
and
(3) describe procedures—
(A) for submitting applications for pro-
grams described in sections 236 and 237 for dis-
tribution of assistance under this subpart within
the State; and
(B) for approval of applications by the
State educational agency, including appropriate
procedures to assure that such agency will not
disapprove an application without notice and
opportunity for a hearing.
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(c) STATE ADMINISTRATION.—Not more than 5 per-
cent of the funds allotted to each State educational agency
under this subpart shall be used for the administrative costs
of such agency associated with carrying out the program
assisted under this subpart.
SEC. 946. LOCAL APPLICATION.
(a) APPLICATION.—A local educational agency that de-
sires to receive a grant under this subpart shall submit an
application to the State educational agency. Each such ap-
plication shall contain assurances that each school served
by the local educational agency shall be eligible for assist-
ance under this subpart only once.
(b) CONTENTS OF APPLICATION.—Each application
described in subsection (a) shall—
(1) describe how the local educational agency
plans to set priorities on the use and distribution
among schools of grant funds received under this sub-
part to meet the purpose of this subpart;
(2) include assurances that the local educational
agency has made every effort to match on a dollar-
for-dollar basis from private or public sources the
funds received under this subpart, except that no such
application shall be penalized or denied assistance
under this subpart based on failure to provide such
matching funds;
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(3) describe, if applicable, how funds under this
subpart will be coordinated with State, local, and
other Federal resources, especially with respect to pro-
grams for the professional development and inservice
training of elementary school teachers in science and
mathematics; and
(4) describe the process which will be used to de-
termine different levels of assistance to be awarded to
schools with different needs.
(c) PRIORITY.—In awarding grants under this sub-
part, the State educational agency shall give priority to ap-
plications that—
(1) assign highest priority to providing assist-
ance to schools which—
(A) are most seriously underequipped; or
(B) serve large numbers or percentages of
economically disadvantaged students;
(2) are attentive to the needs of underrepresented
groups in science and mathematics;
(3) demonstrate how science and mathematics
equipment will be part of a comprehensive plan of
curriculum planning or implementation and teacher
training supporting hands-on laboratory activities;
and
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(4) assign priority to providing equipment and
materials for students in grades 1 through 6.
SEC. 947. PARTICIPATION OF PRIVATE SCHOOLS.
(a) PARTICIPATION OF PRIVATE SCHOOLS.—To the ex-
tent consistent with the number of children in the State or
in the school district of each local educational agency who
are enrolled in private nonprofit elementary schools, such
State educational agency shall, after consultation with ap-
propriate private school representatives, make provision for
including services and arrangements for the benefit of such
children as will assure the equitable participation of such
children in the purposes and benefits of this subpart.
(b) WAIVER.—If by reason of any provision of State
law a local educational agency is prohibited from providing
for the participation of children or teachers from private
nonprofit schools as required by subsection (a), or if the
Secretary determines that a State or local educational agen-
cy has substantially failed or is unwilling to provide for
such participation on an equitable basis, the Secretary shall
waive such requirements and shall arrange for the provision
of services to such children or teachers subject to the require-
ment of this section. Such waivers shall be subject to con-
sultation, withholding, notice, and judicial review require-
ments described in section 1017 of the Elementary and Sec-
ondary Education Act of 1965.
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SEC. 948. PROGRAM REQUIREMENTS.
(a) COORDINATION.—Each State educational agency
receiving an allotment under this subpart shall—
(1) disseminate information to school districts
and schools, including private nonprofit elementary
schools, regarding the program assisted under this
subpart;
(2) evaluate applications of local educational
agencies;
(3) award grants to local educational agencies
based on the priorities described in section 946(c);
and
(4) evaluate local educational agencies’ end-of-
year summaries and submit such evaluation to the
Secretary.
(b) LIMITATIONS ON USE OF FUNDS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), grant funds and matching funds under
this subpart only shall be used to purchase science
equipment, science materials, or mathematical ma-
nipulative materials and shall not be used for com-
puters, computer peripherals, software, textbooks, or
staff development costs.
(2) 
CAPITAL
IMPROVEMENTS.—Grant 
funds
under this subpart may not be used for capital im-
provements. Not more than 50 percent of any match-
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ing funds provided by the local educational agency
may be used for capital improvements of classroom
science facilities to support the hands-on instruction
that this subpart is intended to support, such as the
installation of electrical outlets, plumbing, lab tables
or counters, or ventilation mechanisms.
SEC. 949. FEDERAL ADMINISTRATION.
(a) TECHNICAL ASSISTANCE AND EVALUATION PROCE-
DURES.—The Secretary shall provide technical assistance
and, in consultation with State and local representatives
of the program assisted under this subpart, shall develop
procedures for State and local evaluations of the programs
assisted under this subpart.
(b) REPORT.—The Secretary shall report to the Con-
gress each year on the program assisted under this subpart.
SEC. 950. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000
for fiscal year 1995, and such sums as may be necessary
for each of the fiscal years 1996 through 1999, to carry out
this subpart.
Subpart 4—Media Instruction
SEC. 951. MEDIA INSTRUCTION.
(a) GRANTS AUTHORIZED.—The Secretary shall enter
into a contract with an independent nonprofit organization
described in subsection (b) for the establishment of a na-
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tional multimedia television-based project directed to
homes, schools and after-school programs that is designed
to motivate and improve the reading comprehension and
writing coherence of elementary school-age children.
(b) DEMONSTRATED EFFECTIVENESS.—The Secretary
shall award the contract described in subsection (a) to an
independent nonprofit organization that has demonstrated
effectiveness in educational programming and development
on a nationwide basis.
(c) AUTHORIZATION
AND APPROPRIATIONS.—There
are authorized to be appropriated $5,000,000 for fiscal year
1995, and such sums as may be necessary for fiscal year
1996 and fiscal year 1997, to carry out this section.
Subpart 5—Star Schools
SEC. 961. STAR SCHOOLS.
Subsection (a) of section 908 of the Star Schools Assist-
ance Act (20 U.S.C. 4085b(a)) is amended by striking
‘‘greater’’ and inserting ‘‘lesser’’.
Subpart 6—Office of Comprehensive School Health
Education
SEC. 971. OFFICE OF COMPREHENSIVE SCHOOL HEALTH
EDUCATION.
(a) IN GENERAL.—Subsection (c) of section 4605 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 3155(c)) is amended—
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(1) in the matter preceding paragraph (1), by
striking ‘‘Office of the Secretary’’ and inserting ‘‘Of-
fice of Elementary and Secondary Education’’; and
(2) by adding at the end the following new para-
graph:
‘‘(4) To act as a liaison office for the coordina-
tion of the activities undertaken by the Office under
this section with related activities of the Department
of Health and Human Services and to expand school
health education research grant programs under this
section.’’.
(b) TRANSITION.—The Secretary shall take all appro-
priate actions to facilitate the transfer of the Office of Com-
prehensive School Health Education pursuant to the
amendment made by subsection (a).
Subpart 7—Minority-Focused Civics Education
SEC. 981. SHORT TITLE.
This subpart may be cited as the ‘‘Minority-Focused
Civics Education Act of 1994’’.
SEC. 982. PURPOSES.
It is the purpose of this subpart—
(1) to encourage improved instruction for mi-
norities and Native Americans in American govern-
ment and civics through a national program of ac-
credited summer teacher training and staff develop-
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ment seminars or institutes followed by academic
year inservice training programs conducted on college
and university campuses or other appropriate sites,
for—
(A) social studies and other teachers respon-
sible for American history, government, and
civics classes; and
(B) other educators who work with minority
and Native American youth; and
(2) through such improved instruction to im-
prove minority and Native American student knowl-
edge and understanding of the American system of
government.
SEC. 983. GRANTS AUTHORIZED; AUTHORIZATION OF AP-
PROPRIATIONS.
(a) GRANTS AUTHORIZED.—
(1) IN GENERAL.—The Secretary is authorized to
make grants to eligible entities for the development
and implementation of seminars in American govern-
ment and civics for elementary and secondary school
teachers and other educators who work with minority
and Native American students.
(2) AWARD RULE.— In awarding grants under
this subpart, the Secretary shall ensure that there is
wide geographic distribution of such grants.
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(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $5,000,000 for fiscal 1995,
and such sums as may be necessary for each of the fiscal
years 1996, 1997, and 1998, to carry out this subpart.
SEC. 984. DEFINITIONS.
For purposes of this subpart—
(1) the term ‘‘eligible entity’’ means a State edu-
cational agency, an institution of higher education or
a State higher education agency, or a public or pri-
vate nonprofit organization, with experience in co-
ordinating or conducting teacher training seminars
in American government and civics education, or a
consortium thereof; and
(2) the term ‘‘State higher education agency’’
means the officer or agency primarily responsible for
the State supervision of higher education.
SEC. 985. APPLICATIONS.
(a) APPLICATION REQUIRED.—Each eligible entity de-
siring a grant under this subpart shall submit an applica-
tion to the Secretary, at such time, in such manner and
containing or accompanied by such information as the Sec-
retary may reasonably require.
(b) CONTENTS OF APPLICATION.—Each application
submitted pursuant to subsection (a) shall—
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(1) define the learning objectives and course con-
tent of each seminar to be held and describe the man-
ner in which seminar participants shall receive sub-
stantive academic instruction in the principles, insti-
tutions and processes of American government;
(2) provide assurances that educators successfully
participating in each seminar will qualify for either
graduate credit or professional development or ad-
vancement credit according to the criteria established
by a State or local educational agency;
(3) describe the manner in which seminar par-
ticipants shall receive exposure to a broad array of
individuals who are actively involved in the political
process, including political party representatives
drawn equally from the major political parties, as
well as representatives of other organizations involved
in the political process;
(4) provide assurances that the seminars will be
conducted on a nonpartisan basis;
(5) describe the manner in which the seminars
will address the role of minorities or Native Ameri-
cans in the American political process, including such
topics as—
(A) the history and current political state of
minorities or Native Americans;
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(B) recent research on minority or Native
American political socialization patterns and
cognitive learning styles; and
(C) studies of political participation pat-
terns of minorities or Native Americans;
(6) describe the pedagogical elements for teachers
that will enable teachers to develop effective strategies
and lesson plans for teaching minorities or Native
American students at the elementary and secondary
school levels;
(7) identify the eligible entities which will con-
duct the seminars for which assistance is sought;
(8) in the case that the eligible entity is an insti-
tution of higher education, describe the plans for col-
laborating with national organizations in American
government and civics education;
(9) provide assurances that during the academic
year educators participating in the summer seminars
will provide inservice training programs based upon
what such educators have learned and the curricular
materials such educators have developed or acquired
for their peers in their school systems with the ap-
proval and support of their school administrators;
and
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(10) describe the activities or services for which
assistance is sought, including activities and services
such as—
(A) development of seminar curricula;
(B) development and distribution of in-
structional materials;
(C) scholarships for participating teachers;
and
(D) program assessment and evaluation.
(c) PRIORITY.—The Secretary, in approving applica-
tions for assistance under this subpart, shall give priority
to applications which demonstrate that—
(1) the applicant will serve teachers who teach in
schools with a large number or concentration of eco-
nomically disadvantaged students;
(2) the applicant has demonstrated national ex-
perience in conducting or coordinating accredited
summer seminars in American government or civics
education for elementary and secondary school teach-
ers;
(3) the applicant will coordinate or conduct sem-
inars on a national or multistate basis through a col-
laboration with an institution of higher education,
State higher education agency or a public or private
nonprofit organization, with experience in coordinat-
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ing or conducting teacher training programs in
American government and civics education;
(4) the applicant will coordinate or conduct sem-
inars designed for more than one minority student
population and for Native Americans; and
(5) the applicant will coordinate or conduct sem-
inars that offer a combination of academic instruc-
tion in American government, exposure to the prac-
tical workings of the political system, and training in
appropriate pedagogical techniques for working with
minority and Native American students.
PART C—DEFINITIONS
SEC. 991. DEFINITIONS.
For the purpose of this title—
(1) the term ‘‘elementary school’’ has the same
meaning given to such term by section 1471(8) of the
Elementary and Secondary Education Act of 1965;
(2) the term ‘‘institution of higher education’’
has the same meaning given to such term by section
1201(a) of the Higher Education Act of 1965;
(3) the term ‘‘local educational agency’’ has the
same meaning given to such term by section 1471(12)
of the Elementary and Secondary Education Act of
1965;
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(4) the term ‘‘secondary school’’ has the same
meaning given to such term by section 1471(21) of the
Elementary and Secondary Education Act of 1965;
(5) the term ‘‘Secretary’’ means the Secretary of
Education; and
(6) the term ‘‘State educational agency’’ has the
same meaning given such term by section 1471(23) of
the Elementary and Secondary Education Act of
1965.
TITLE X—PARENTS AS
TEACHERS
SEC. 1001. FINDINGS.
The Congress finds that—
(1) increased parental involvement in the edu-
cation of their children appears to be the key to long-
term gains for youngsters;
(2) providing seed money is an appropriate role
for the Federal Government to play in education;
(3) children participating in the parents as
teachers program in Missouri are found to have in-
creased cognitive or intellectual skills, language abil-
ity, social skills and other predictors of school success;
(4) most early childhood programs begin at age
3 or 4 when remediation may already be necessary;
and
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(5) many children receive no health screening be-
tween birth and the time they enter school, thus such
children miss the opportunity of having developmen-
tal delays detected early.
SEC. 1002. STATEMENT OF PURPOSE.
It is the purpose of this title to encourage States and
eligible entities to develop and expand parent and early
childhood education programs in an effort to—
(1) increase parents’ knowledge of and confidence
in child-rearing activities, such as teaching and nur-
turing their young children;
(2) strengthen partnerships between parents and
schools; and
(3) enhance the developmental progress of par-
ticipating children.
SEC. 1003. DEFINITIONS.
For the purposes of this title—
(1) the term ‘‘developmental screening’’ means
the process of measuring the progress of children to
determine if there are problems or potential problems
or advanced abilities in the areas of understanding
and use of language, perception through sight, percep-
tion through hearing, motor development and hand-
eye coordination, health, and physical development;
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(2) the term ‘‘eligible entity’’ means an entity in
a State operating a parents as teachers program;
(3) the term ‘‘eligible family’’ means any parent
with one or more children between birth and 3 years
of age;
(4) the term ‘‘lead agency’’ means—
(A) except as provided in subparagraph
(B), the office, agency, or other entity in a State
designated by the Governor to administer the
parents as teachers program authorized by this
title; or
(B) in the case of a grant awarded under
this title to an eligible entity, such eligible
entity;
(5) the term ‘‘parent education’’ includes parent
support activities, the provision of resource materials
on child development and parent-child learning ac-
tivities, private and group educational guidance, in-
dividual and group learning experiences for the par-
ent and child, and other activities that enable the
parent to improve learning in the home; and
(6) the term ‘‘parent educator’’ means a person
hired by the lead agency of a State or designated by
local entities who administers group meetings, home
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visits and developmental screening for eligible fami-
lies.
SEC. 1004. PROGRAM ESTABLISHED.
(a) AUTHORITY.—
(1) IN GENERAL.—The Secretary is authorized to
make grants in order to pay the Federal share of the
cost of establishing, expanding, or operating parents
as teachers programs in a State.
(2) ELIGIBLE RECIPIENTS.—The Secretary may
make a grant under paragraph (1) to a State, except
that, in the case of a State having an eligible entity,
the Secretary shall make the grant directly to the
eligible entity.
(b) FUNDING RULE.—Grant funds awarded under this
section shall be used so as to supplement, and to the extent
practicable, increase the level of funds that would, in the
absence of such funds, be made available from non-Federal
sources, and in no case may such funds be used so as to
supplant funds from non-Federal sources.
SEC. 1005. PROGRAM REQUIREMENTS.
(a) REQUIREMENTS.—Each State or eligible entity re-
ceiving a grant pursuant to section 1004 shall conduct a
parents as teachers program which—
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(1) establishes and operates parent education
programs, including programs of developmental
screening of children; and
(2) designates a lead State agency which—
(A) shall hire parent educators who have
had supervised experience in the care and edu-
cation of children;
(B) shall establish the number of group
meetings and home visits required to be provided
each year for each participating family, with a
minimum of 2 group meetings and 10 home vis-
its for each participating family;
(C) shall be responsible for administering
the periodic screening of participating children’s
educational, hearing and visual development,
using the Denver Developmental Test, Zimmer-
man Preschool Language Scale, or other ap-
proved screening instruments; and
(D) shall develop recruitment and retention
programs for hard-to-reach populations.
(b) LIMITATION.—Grant funds awarded under this
title shall only be used for parents as teachers programs
which serve families during the period beginning with the
birth of a child and ending when the child attains the age
of 3.
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SEC. 1006. SPECIAL RULES.
Notwithstanding any other provision of this section—
(1) no person, including home school parents,
public school parents, or private school parents, shall
be required to participate in any program of parent
education or developmental screening pursuant to the
provisions of this title;
(2) no parents as teachers program assisted
under this title shall take any action that infringes
in any manner on the right of parents to direct the
education of their children; and
(3) the provisions of section 438(c) of the General
Education Provisions Act shall apply to States and
eligible entities awarded grants under this title.
SEC. 1007. PARENTS AS TEACHERS CENTERS.
The Secretary shall establish one or more Parents As
Teachers Centers to disseminate information to, and pro-
vide technical and training assistance to, States and eligi-
ble entities establishing and operating parents as teachers
programs.
SEC. 1008. EVALUATIONS.
The Secretary shall complete an evaluation of the par-
ents as teachers programs assisted under this title within
4 years from the date of enactment of this Act, including
an assessment of such programs’ impact on at-risk children.
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SEC. 1009. APPLICATION.
Each State or eligible entity desiring a grant under
this title shall submit an application to the Secretary at
such time, in such manner and accompanied by such infor-
mation as the Secretary may reasonably require. Each such
application shall describe the activities and services for
which assistance is sought.
SEC. 1010. PAYMENTS AND FEDERAL SHARE.
(a) PAYMENTS.—The Secretary shall pay to each State
or eligible entity having an application approved under sec-
tion 1009 the Federal share of the cost of the activities de-
scribed in the application.
(b) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share—
(A) for the first year for which a State or
eligible entity receives assistance under this title
shall be 100 percent;
(B) for the second such year shall be 100
percent;
(C) for the third such year shall be 75 per-
cent;
(D) for the fourth such year shall be 50 per-
cent; and
(E) for the fifth such year shall be 25 per-
cent.
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(2) NON-FEDERAL
SHARE.—The non-Federal
share of payments under this title may be in cash or
in kind, fairly evaluated, including planned equip-
ment or services.
SEC. 1011. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000
for fiscal year 1993, and such sums as may be necessary
for each of the fiscal years 1994 through 1997, to carry out
this title.
SEC. 1012. HOME INSTRUCTION PROGRAM FOR PRESCHOOL
YOUNGSTERS.
Subsection (b) of section 1052 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2742(b)) is
amended by adding at the end the following new paragraph:
‘‘(4)(A)(i) In any fiscal year in which this sub-
section applies, each State that receives a grant under
this part may use not more than 20 percent of such
grant funds in accordance with this part (other than
sections 1054(a), 1054(b), and 1055) to pay the Fed-
eral share of the cost of establishing, operating, or ex-
panding a Home Instruction Program for Preschool
Youngsters that is not eligible to receive assistance
under this part due to the application of such sec-
tions.
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‘‘(ii) Each State establishing, operating or ex-
panding a Home Instruction Program for Preschool
Youngsters pursuant to clause (i) shall give priority
to establishing, operating or expanding, respectively,
such a program that targets—
‘‘(I) working poor families or near poor
families that do not qualify for assistance under
the early childhood programs under the Head
Start Act or this chapter; and
‘‘(II) parents who have limited or unsuc-
cessful formal schooling.
‘‘(B) For the purpose of carrying out subpara-
graph (A), a Home Instruction Program for Preschool
Youngsters that is not eligible to receive assistance
under this part due to the application of sections
1054(a), 1054(b), and 1055 shall be deemed to be an
eligible entity.
‘‘(C) For the purpose of this paragraph—
‘‘(i) the term ‘Home Instruction Program
for Preschool Youngsters’ means a voluntary
early-learning program, for parents with one or
more children between age 3 through 5, inclusive,
that—
‘‘(I) provides support, training, and
appropriate educational materials, nec-
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essary for parents to implement a school-
readiness, home instruction program for the
child; and
‘‘(II) includes—
‘‘(aa) group meetings with other
parents participating in the program;
‘‘(bb) individual and group learn-
ing experiences with the parent and
child;
‘‘(cc) provision of resource mate-
rials on child development and parent-
child learning activities; and
‘‘(dd) other activities that enable
the parent to improve learning in the
home;
‘‘(ii) the term ‘limited or unsuccessful for-
mal schooling’ means the—
‘‘(I) completion of secondary school
with low achievement during enrollment;
‘‘(II) 
noncompletion 
of 
secondary
school with low achievement during enroll-
ment; or
‘‘(III) lack of a certificate of gradua-
tion from a school providing secondary edu-
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cation or the recognized equivalent of such
certificate;
‘‘(iii) the term ‘near poor families’ means
families that have an income that is approxi-
mately 130 percent of the poverty line (as de-
fined by the Office of Management and Budget,
and revised annually in accordance with section
673(2) of the Community Services Block Grant
Act; and
‘‘(iv) the term ‘working poor families’
means families that—
‘‘(I) have family members—
‘‘(aa) who are working; or
‘‘(bb) who were looking for work
during the 6 months prior to the date
on which the determination is made;
and
‘‘(II) earn an income not in excess of
150 percent of the poverty line as described
in clause (iii).’’.
TITLE XI—GUN-FREE SCHOOLS
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Gun-Free Schools Act
of 1994’’.
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SEC. 1102. GUN-FREE REQUIREMENTS IN ELEMENTARY AND
SECONDARY SCHOOLS.
The Elementary and Secondary Education Act of 1965
(20 U.S.C. 2701 et seq.) is amended—
(1) by redesignating title X as title IX;
(2) by redesignating sections 8001 through 8005
as sections 9001 through 9005, respectively; and
(3) by inserting after title VII the following new
title:
‘‘TITLE VIII—GUN-FREE
SCHOOLS
‘‘SEC. 8001. GUN-FREE REQUIREMENTS.
‘‘(a) REQUIREMENTS.—
‘‘(1) IN GENERAL.—No assistance may be pro-
vided to any local educational agency under this Act
unless such agency has in effect a policy requiring the
expulsion from school for a period of not less than one
year of any student who is determined to have
brought a weapon to a school under the jurisdiction
of the agency except such policy may allow the chief
administering officer of the agency to modify such ex-
pulsion requirement for a student on a case-by-case
basis.
‘‘(2) DEFINITION.—For the purpose of this sec-
tion, the term ‘‘weapon’’ means a firearm as such
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term is defined in section 921 of title 18, United
States Code.
‘‘(b) REPORT
TO STATE.—Each local educational
agency requesting assistance from the State educational
agency that is to be provided from funds made available
to the State under this Act shall provide to the State, in
the application requesting such assistance—
‘‘(1) an assurance that such local educational
agency has in effect the policy required by subsection
(a); and
‘‘(2) a description of the circumstances surround-
ing any expulsions imposed under the policy required
by subsection (a), including—
‘‘(A) the name of the school concerned;
‘‘(B) the number of students expelled from
such school; and
‘‘(C) the types of weapons concerned.’’.
TITLE XII—ENVIRONMENTAL
TOBACCO SMOKE
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Preventing Our Kids
From Inhaling Deadly Smoke (PRO-KIDS) Act of 1994’’.
SEC. 1202. FINDINGS.
Congress finds that—
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(1) environmental tobacco smoke comes from sec-
ondhand smoke exhaled by smokers and sidestream
smoke emitted from the burning of cigarettes, cigars,
and pipes;
(2) since citizens of the United States spend up
to 90 percent of each day indoors, there is a signifi-
cant potential for exposure to environmental tobacco
smoke from indoor air;
(3) exposure to environmental tobacco smoke oc-
curs in schools, public buildings, and other indoor fa-
cilities;
(4) recent scientific studies have concluded that
exposure to environmental tobacco smoke is a cause of
lung cancer in healthy nonsmokers and is responsible
for acute and chronic respiratory problems and other
health impacts in sensitive populations (including
children);
(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.
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SEC. 1203. 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 services that are—
(A)(i) direct health services routinely pro-
vided to children; or
(ii) any other direct services routinely pro-
vided primarily to children, including edu-
cational services; and
(B) funded, directly or indirectly, in whole
or in part, by Federal funds (including in-kind
assistance).
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Health and Human Services.
SEC. 1204. 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.
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(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. 1205. TECHNICAL ASSISTANCE.
(a) IN GENERAL.—The Administrator and the Sec-
retary shall provide technical assistance to persons who pro-
vide children’s services and other persons who request tech-
nical assistance.
(b) ASSISTANCE BY THE ADMINISTRATOR.—The tech-
nical assistance provided by the Administrator under this
section shall include information to assist persons in com-
pliance with the requirements of this title.
(c) ASSISTANCE BY THE SECRETARY.—The technical
assistance provided by the Secretary under this section shall
include information for employees on smoking cessation
programs and on smoking and health issues.
SEC. 1206. 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).
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(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 1204(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 pol-
icy.
(2) PERMISSIBLE
FEATURES.—A nonsmoking
policy that meets the requirements of this subsection
may allow smoking in those portions of the facility—
(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
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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 Adminis-
trator;
(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—
(i) unusual extenuating circumstances
prevent the person from establishing or en-
forcing the nonsmoking policy (or a require-
ment under the policy) referred to in sub-
section (b) (including a case in which the
person shares space in an indoor facility
with another entity and cannot obtain an
agreement with the other entity to abide by
the nonsmoking policy requirement) and the
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person will establish and make a good-faith
effort to enforce an alternative nonsmoking
policy (or alternative requirement under the
policy) that will protect children from expo-
sure to environmental tobacco smoke to the
maximum extent possible; or
(ii) the person requesting the waiver
will establish and make a good-faith effort
to enforce an alternative nonsmoking policy
(or alternative requirement under the pol-
icy) that will protect children from exposure
to environmental tobacco smoke to the same
degree as the policy (or requirement) under
subsection (b).
(3) SPECIAL WAIVER.—
(A) IN GENERAL.—On receipt of an appli-
cation, the head of the Federal agency may grant
a special waiver to a person described in sub-
section (a) who employs individuals who are
members of a labor organization and provide
children’s services pursuant to a collective bar-
gaining agreement that—
(i) took effect before the date of enact-
ment of this Act; and
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(ii) includes provisions relating to
smoking privileges that are in violation of
the requirements of this section.
(B) TERMINATION OF WAIVER.—A special
waiver granted under this paragraph shall ter-
minate on the earlier of—
(i) the first expiration date (after the
date of enactment of this Act) of the collec-
tive bargaining agreement containing the
provisions relating to smoking privileges; or
(ii) the date that is 1 year after the
date specified in subsection (f).
(d) CIVIL PENALTIES.—
(1) IN GENERAL.—Any person subject to the re-
quirements of this section who fails to comply with
the requirements shall be liable to the United States
for a civil penalty in an amount not to exceed $1,000
for each violation, but in no case shall the amount be
in excess of the amount of Federal funds received by
the person for the fiscal year in which the violation
occurred for the provision of children’s services. Each
day a violation continues shall constitute a separate
violation.
(2) ASSESSMENT.—A civil penalty for a viola-
tion of this section shall be assessed by the head of the
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Federal agency that provided Federal funds (includ-
ing financial assistance) to the person (or if the head
of the Federal agency does not have the authority to
issue an order, the appropriate official) by an order
made on the record after opportunity for a hearing in
accordance with section 554 of title 5, United States
Code. Before issuing the order, the head of the Federal
agency (or the appropriate official) shall—
(A) give written notice to the person to be
assessed a civil penalty under the order of the
proposal to issue the order; and
(B) provide the person an opportunity to
request, not later than 15 days after the date of
receipt of the notice, a hearing on the order.
(3) AMOUNT OF CIVIL PENALTY.—In determining
the amount of a civil penalty under this subsection,
the head of the Federal agency (or the appropriate of-
ficial) shall take into account—
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, the ability
to pay, the effect of the penalty on the ability to
continue operation, any prior history of the
same kind of violation, the degree of culpability,
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and a demonstration of willingness to comply
with the requirements of this title; and
(C) such other matters as justice may re-
quire.
(4) MODIFICATION.—The head of the Federal
agency (or the appropriate official) may compromise,
modify, or remit, with or without conditions, any
civil penalty that may be imposed under this sub-
section. The amount of the penalty as finally deter-
mined or agreed upon in compromise may be de-
ducted from any sums that the United States owes to
the person against whom the penalty is assessed.
(5) PETITION FOR REVIEW.—A person who has
requested a hearing concerning the assessment of a
penalty pursuant to paragraph (2) and is aggrieved
by an order assessing a civil penalty may file a peti-
tion for judicial review of the order 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. The petition may only
be filed during the 30-day period beginning on the
date of issuance of the order making the assessment.
(6) FAILURE TO PAY.—If a person fails to pay
an assessment of a civil penalty—
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(A) after the order making the assessment
has become a final order and without filing a pe-
tition for judicial review in accordance with
paragraph (5); or
(B) after a court has entered a final judg-
ment in favor of the head of the Federal agency
(or appropriate official),
the Attorney General shall recover the amount as-
sessed (plus interest at then currently prevailing rates
from the last day of the 30-day period referred to in
paragraph (5) or the date of the final judgment, as
the case may be) in an action brought in an appro-
priate district court of the United States. In the ac-
tion, the validity, amount, and appropriateness of the
penalty shall not be subject to review.
(e) EXEMPTION.—This section shall not apply to a
person who provides children’s services who—
(1) has attained the age of 18;
(2) provides children’s services—
(A) in a private residence; and
(B) only to children who are, by affinity or
consanguinity, or by court decree, a grandchild,
niece, or nephew of the provider; and
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(3) is registered and complies with any State re-
quirements that govern the children’s services pro-
vided.
(f) EFFECTIVE DATE.—This section shall take effect on
the first day of the first fiscal year beginning after the date
of enactment of this Act.
SEC. 1207. REPORT BY THE ADMINISTRATOR.
Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit a report to Con-
gress that includes—
(1) information concerning the degree of compli-
ance with this title; and
(2) an assessment of the legal status of smoking
in public places.
SEC. 1208. PREEMPTION.
Nothing in this title is intended to preempt any provi-
sion of law of a State or political subdivision of a State
that is more restrictive than a provision of this title.
Attest:
Secretary.
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