HR 2518 EAS
such activities shall be available from October 1, 1993
through September 30, 1994
Ω93æPage 41, line 24, strike out ø$242,789,000¿ and
insert: $232,251,000
Ω94æPage 41, line 25, strike out ø$36,672,000¿ and in-
sert: $35,708,000
Ω95æPage 41, line 26, strike out ø$40,000,000¿ and in-
sert: $35,968,000
Ω96æPage 42, line 8, strike out ø$3,039,442,000¿ and
insert: $3,134,734,000
Ω97æPage 42, line 8, strike out ø$2,108,218,000¿ and
insert: $2,163,508,000
Ω98æPage 42, line 9, strike out ø$325,773,000¿ and in-
sert: $343,751,000
Ω99æPage 42, line 9, strike out ø$243,769,000¿ and in-
sert: $256,280,000
Ω100æPage 42, line 10, strike out ø$113,755,000¿ and
insert: $120,000,000
Ω101æPage 42, line 25, strike out all after ‘‘1973,’’ over
to and including ‘‘407’’ in line 1 on page 43 and insert:
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the Technology-Related Assistance for Individuals with Dis-
abilities Act
Ω102æPage 43, line 2, strike out ø$2,251,028,000¿ and
insert: $2,316,913,000
Ω103æPage 43, line 21, strike out ø$77,435,000¿ and
insert: $79,435,000
Ω104æPage 43, line 23, after ‘‘expended’’ insert: and
$2,000,000 shall be for construction and shall be available
until expended
Ω105æPage 44, line 6, strike out ø$1,474,243,000¿ and
insert: $1,483,433,000
Ω106æPage 44, line 17, strike out ø$31,327,000¿ and
insert: $40,327,000
Ω107æPage 44, line 21, strike out ø$16,705,000¿ and
insert: $25,705,000
Ω108æPage 44, line 22, after ‘‘411(b)’’ insert: , including
$5,000,000 for model community education and employ-
ment centers
Ω109æPage 45, line 5, after ‘‘E,’’ insert: G,
Ω110æPage 45, line 6, strike out ø$8,120,366,000¿ and
insert: $8,004,293,000
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Ω111æPage 45, line 9, strike out ø$2,250¿ and insert:
$2,300
Ω112æPage 46, strike out lines 1 to 5
Ω113æPage 46, line 6, after ‘‘DIRECT’’ insert: STUDENT
Ω114æPage 46, line 7, strike out all after ‘‘of’’ down to
and including ‘‘569)’’ in line 9 and insert: direct loans au-
thorized by title IV, part D, of the Higher Education Act,
as amended
Ω115æPage 46, lines 17 and 18, strike out øand subpart
1 of part B¿ and insert: , subpart 1 of part B and part
D
Ω116æPage 46, line 19, strike out øand section 1410¿
Ω117æPage 46, line 23, strike out ø$889,855,000¿ and
insert: $882,974,000
Ω118æPage 47, line 2, after ‘‘1204(c)’’ insert: : Provided,
That under subpart 6 of part A of title IV of the Higher
Education Act, the District of Columbia and the Common-
wealth of Puerto Rico shall receive funding allocations as
if they were States and shall not be subject to the limita-
tions on the non-State entities listed in section 419G(b)
Ω119æPage 48, line 23, strike out ø$178,500,000¿ and
insert: $357,000,000
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Ω120æPage 49, line 8, after ‘‘amended’’ insert: (or any
successor authority)
Ω121æPage 49, line 8, strike out øsection 1566,¿
Ω122æPage 49, line 13, strike out øsection 6041 of Pub-
lic Law 100–418;¿
Ω123æPage 49, line 15, strike out all after ‘‘Act,’’ down
to and including ‘‘2012’’ in line 22 and insert:
$301,398,000: Provided, That $31,000,000 shall be for re-
search centers, including funds to extend the existing award
for a research center on the education of disadvantaged stu-
dents for up to one year; $38,032,000 shall be for regional
laboratories, including $9,508,000 for rural initiatives;
$40,000,000 shall be for activities under the Fund for Inno-
vation in Education; $4,463,000 shall be for civic education
activities under section 4609; $5,396,000 shall be for Grants
for Schools and Teachers under subpart 1 and $3,687,000
shall be for Family School Partnerships under subpart 2
of part B of title III of Public Law 100-297; $14,582,000
shall be for national diffusion activities under section 1562;
$16,072,000 shall be for national programs under section
2012, including $3,672,000 for the National Clearinghouse
for Science and Mathematics under section 2012(d); and
$15,000,000 shall be for regional consortia under subpart
2 of part A of title II; $9,607,000 shall be for Javits gifted
HR 2518 EAS
and talented students education; $27,000,000 shall be for
star schools, of which $4,500,000 shall be for a demonstra-
tion of a statewide, two-way interactive fiber optic tele-
communications network, carrying voice, video, and data
transmissions, and housing a point of presence in every
county; $1,737,000 shall be for territorial teacher training;
and $3,212,000 shall be for the National Writing Project
Ω124æPage 50, line 2, strike out ø$145,101,000¿ and
insert: $147,517,000, of which $19,000,000 shall be used to
carry out the provisions of title II of the Library Services
and Construction Act and shall remain available until ex-
pended, and $4,960,000 shall be for section 222 and
$2,802,000 shall be for section 223 of the Higher Education
Act, of which $2,500,000 shall be for demonstration of on-
line and dial-in access to a statewide, multitype library
bibliographic database through a statewide fiber optic net-
work housing a point of presence in every county, connect-
ing library services in every municipality
Ω125æPage 50, line 9, strike out ø$352,008,000¿ and
insert: $291,921,000
Ω126æPage 52, after line 17, insert:
SEC. 305. (a) The Congress finds that—
(1) in order to increase our Nation’s standard of
living and to increase the number of good jobs, the
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United States must increase its productivity and
ability to compete in the international marketplace
by improving the educational level of our workforce;
(2) although efforts are being made to establish
higher educational standards and goals, there is a
substantial shortage of resources to meet such stand-
ards and goals;
(3) States and local communities are finding it
increasingly difficult to meet ever higher educational
standards and goals, and States will not be able to
fund needed changes without Federal help to reach
such standards and goals;
(4) the Federal Government has established
many education programs but failed to provide ade-
quate funding for such programs, for example one
such program provides education to our Nation’s dis-
abled students and was established with a promise of
40 percent Federal funding but currently receives
only 8 percent Federal funding;
(5) the annual shortfall in Federal education
programs is approximately half of the promised fund-
ing;
(6) many needed education improvements will
not need Federal funds, however, other suggested
changes such as lengthened school years, better pay,
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(3) as an example, the goal of reforming schools
is funded through at least 4 programs assisted under
this Act, including the programs assisted under chap-
ter 2 of title I of the Elementary and Secondary Edu-
cation Act of 1965 (block grants), the Fund for the
Improvement and Reform of Schools and Teaching,
the Secretary’s Fund for Innovation in Education,
and a new program established under the Goals 2000:
Educate America Act, which has not yet become law;
(4) the overhead at the Department of Education
to administer each separate program, and the cost to
States, localities and schools of preparing applica-
tions, planning ahead, and managing funds under
each program diverts scarce resources from schools
and students;
(5) some Federal programs serve purposes which
would be better served by consolidation into a single
flexible grant, a few serve purposes that could be met
without Federal assistance, and some programs are
obsolete;
(6) in the Department of Education’s internal
study for the National Performance Review, the De-
partment indicated that the Department had identi-
fied 41 programs that could be eliminated or consoli-
dated into other programs;
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(7) this Act takes a significant step toward con-
solidation by eliminating funding for 13 programs,
and the Department of Education has begun a serious
effort to consolidate programs, as is appropriate, in
the reauthorization of the Elementary and Secondary
Education Act of 1965, but much more remains to be
done; and
(8) the Defense Base Closure and Realignment
Commission offers a successful model for cutting gov-
ernment spending despite powerful interests within
and outside of the Congress dedicated to protecting
specific projects or programs.
(b) It is the sense of the Congress that—
(1) within 6 months of the date of enactment of
this Act, the Department of Education should prepare
and submit to the Committee on Labor and Human
Resources of the Senate and the Committee on Edu-
cation and Labor of the House of Representatives a
legislative package reflecting the President’s National
Performance Review plan to consolidate Federal edu-
cation programs;
(2) the Committee on Labor and Human Re-
sources of the Senate and the Committee on Edu-
cation and Labor of the House of Representatives
should consider the package submitted by the Depart-
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ment of Education and should report to the Senate
and House of Representatives, respectively, bills pro-
posing to consolidate Federal education programs;
(3) the leadership of each House of the Congress
should establish—
(A) a process for considering a bill de-
scribed in paragraph (2) under which such bill
would be subject to a single vote of approval or
disapproval by such House; or
(B) a comparable process to minimize the
possibility that individual programs will be ex-
cepted from the consolidation; and
(4) the objective of the consolidation should be,
first, to find savings by reducing the administrative
costs to both the Department of Education and to
States and localities that are due to redundant pro-
grams, and, second, to maximize the impact of Fed-
eral education dollars, but not to reduce our Nation’s
overall investment in schools and students.
Ω128æPage 52, line 25, strike out all after ‘‘amended,’’
over to and including line 2 on page 53, and insert:
$206,287,000: Provided, That notwithstanding any other
provision of this Act, including the provisos pertaining to
consulting services under the heading Community Services
Block Grant, no department, agency, or instrumentality of
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the United States Government receiving appropriated funds
under this Act for fiscal year 1994 shall, during fiscal year
1994, obligate and expend funds for consulting services in
excess of an amount equal to 94.975 percent of the amount
estimated to be obligated and expended by such department,
agency, or instrumentality for such services during fiscal
year 1994: Provided further, That notwithstanding any
other provision of this Act, the aggregate amount of funds
appopriated by this Act to any such department, agency,
or instrumentality for fiscal year 1994 is reduced by an
amount equal to 5.025 percent of the amount to be expended
by such department, agency, or instrumentality during fis-
cal year 1994 for consulting services. As used in the preced-
ing two provisos, the term ‘‘consulting services’’ includes
any service within the definition of sub-object class 25.1 as
described in the Office of Management and Budget Circular
A–11, dated August 4, 1993.
Ω129æPage 53, line 8, strike out ø$292,640,000¿ and
insert: $320,000,000
Ω130æPage 54, line 20, strike out ø$1,590,000¿ and in-
sert: $1,791,000
Ω131æPage 55, line 21, strike out ø$8,506,000¿ and in-
sert: $8,807,000
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Ω132æPage 62, strike out all after line 22 over to and
including line 2 on page 64
Ω133æPage 64, after line 2, insert:
SEC. 509. (a). Notwithstanding any other provision of
law, monthly benefit payments under part B or part C of
the Black Lung Benefits Act for months after December
1993 and before October 1994 shall be calculated as though
the provisions of Federal law prescribing pay rates for Fed-
eral employees continued in effect, without amendment to
or limitation of such provisions, after January 1993.
(b). Of the amounts provided under title XII of Public
Law 102–368, Additional Assistance to Distressed Commu-
nities, under the heading ‘‘Community Investment Pro-
gram’’, $225,000,000 are rescinded.
Ω134æPage 64, after line 8, insert:
SEC. 511. It is the sense of the Senate that the United
States Department of Justice should investigate whether
any Federal criminal civil rights laws were violated as a
result of (1) the murder of Yankel Rosenbaum on August
19, 1991, and (2) the circumstances surrounding the mur-
der and accompanying riots in Crown Heights.
Ω135æPage 64, after line 8, insert:
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TITLE VI—NONSMOKING POLICY
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Preventing Our Kids
From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993’’.
SEC. 602. FINDINGS.
The Congress finds that—
(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 a day indoors, there is a significant
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-
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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.
(4) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means an entity in the executive, legislative or ju-
dicial branch of the Federal Government.
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(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
(2) to assist in compliance with the requirements
of this title.
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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—
(A) in which services are not normally pro-
vided directly to children; and
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(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—
(i) unusual extenuating circumstances
prevent the person from establishing or en-
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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
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-
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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
(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.—(A) Any person subject to the
requirements 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
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the person for the fiscal year in which the violation
occurred for the provision of children’s services.
(B) Each day a violation continues shall con-
stitute a separate violation.
(2) ASSESSMENT.—A civil penalty for a viola-
tion of this section shall be assessed by the head of the
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—
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(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,
and a demonstration of willingness to comply
with the requirements of this title; and
(C) such other matters as justice may
require.
(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
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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—
(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 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
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(B) only to children who are, by affinity or
consanguinity, or by court decree, a grandchild,
niece, or nephew of the provider; and
(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. 607. REPORT BY THE ADMINISTRATOR.
Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit a report to the
Congress 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. 608. 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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