20 U.S.C. § 7972 — Definitions

Page 1657 TITLE 20—EDUCATION § 7972 1 See References in Text note below. 1 See References in Text note below. (B) the number of students expelled from such school; and (C) the type of firearms concerned. (e) Reporting Each State shall report the information de- scribed in subsection (d) to the Secretary on an annual basis. (f) Definition For the purpose of subsection (d), the term ‘‘school’’ means any setting that is under the control and supervision of the local educational agency for the purpose of student activities ap- proved and authorized by the local educational agency. (g) Exception Nothing in this section shall apply to a fire- arm that is lawfully stored inside a locked vehi- cle on school property, or if it is for activities approved and authorized by the local edu- cational agency and the local educational agen- cy adopts appropriate safeguards to ensure stu- dent safety. (h) Policy regarding criminal justice system re- ferral (1) In general No funds shall be made available under any subchapter of this chapter to any local edu- cational agency unless such agency has a pol- icy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency. (2) Definition For the purpose of this subsection, the term ‘‘school’’ has the same meaning given to such term by section 921(a) of title 18. (Pub. L. 89–10, title VIII, § 8561, formerly title IV, § 4141, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1762; renumbered title IX, § 9551, renumbered title VIII, § 8561, Pub. L. 114–95, title IV, § 4001(a)(2)(A), (B), (D), title VIII, § 8001(a)(8), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (c), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. CODIFICATION Section was classified to section 7151 of this title prior to renumbering by Pub. L. 114–95. SUBPART 5—ENVIRONMENTAL TOBACCO SMOKE Editorial Notes CODIFICATION Pub. L. 114–95, title IV, § 4001(a)(4)(A)–(C)(i), title VIII, § 8001(a), (b)(1), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089, redesignated part C (§ 7181 et seq.) of subchapter IV of this chapter as subpart 5 of part F of this subchapter. Similar provisions relating to environmental tobacco smoke are contained in part B (§ 6081 et seq.) of sub- chapter X of chapter 68 of this title. § 7971. Short title This subpart 1 may be cited as the ‘‘Pro-Chil- dren 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.) Editorial Notes REFERENCES IN TEXT This subpart, referred to in text, was in the original ‘‘this part’’, and was translated as reading ‘‘this sub- part’’, to reflect the probable intent of Congress. Pub. L. 114–95 redesignated part C of title IV of Pub. L. 89–10 as subpart 5 of part F of title VIII of Pub. L. 89–10, which is classified to this subpart. CODIFICATION Section was classified to section 7181 of this title prior to renumbering by Pub. L. 114–95. § 7972. Definitions As used in this subpart: 1 (1) Children The term ‘‘children’’ means individuals who have not attained the age of 18. (2) Children’s services The term ‘‘children’s services’’ means the provision on a routine or regular basis of health, day care, education, or library serv- ices— (A) that are funded, after January 8, 2002, directly by the Federal Government or through State or local governments, by Fed- eral grant, loan, loan guarantee, or contract programs— (i) administered by either the Secretary of Health and Human Services or the Sec- retary 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 Ag- riculture in the case of a clinic (as defined in part 246.2 of title 7, Code of Federal Reg- ulations (or any corresponding similar reg- ulation 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 main- tained with such Federal funds, as deter- mined 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 subpara- graph (A) is intended to include facilities (other than clinics) where coupons are re- deemed under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.]. (3) Indoor facility The term ‘‘indoor facility’’ means a building that is enclosed. Page 1658 TITLE 20—EDUCATION § 7973 (4) Person The term ‘‘person’’ means any State or local subdivision of a State, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise controls and provides children’s services or any individual who owns or operates or otherwise controls and provides such services. (5) Secretary The term ‘‘Secretary’’ means the Secretary of Health and Human Services. (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.) Editorial Notes REFERENCES IN TEXT This subpart, referred to in text, was in the original ‘‘this part’’, and was translated as reading ‘‘this sub- part’’, to reflect the probable intent of Congress. Pub. L. 114–95 redesignated part C of title IV of Pub. L. 89–10 as subpart 5 of part F of title VIII of Pub. L. 89–10, which is classified to this subpart. The Child Nutrition Act of 1966, referred to in par. (2), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is clas- sified generally to chapter 13A (§ 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables. The Social Security Act, referred to in par. (2)(A)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respec- tively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. CODIFICATION Section was classified to section 7182 of this title prior to renumbering by Pub. L. 114–95. § 7973. Nonsmoking policy for children’s services (a) Prohibition After January 8, 2002, no person shall permit smoking within any indoor facility owned or leased or contracted for, and utilized, by such person for provision of routine or regular kin- dergarten, elementary, or secondary education or library services to children. (b) Additional prohibition (1) In general After January 8, 2002, no person shall permit smoking within any indoor facility (or portion of such a facility) owned or leased or con- tracted for, and utilized by, such person for the provision of regular or routine health care or day care or early childhood education pro- grams. (2) Exception Paragraph (1) shall not apply to— (A) any portion of such facility that is used for inpatient hospital treatment of in- dividuals 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 After January 8, 2002, no Federal agency shall permit smoking within any indoor facil- ity in the United States operated by such agency, directly or by contract, to provide routine or regular kindergarten, elementary, or secondary education or library services to children. (2) Health or day care or early childhood edu- cation programs (A) In general After January 8, 2002, no Federal agency shall permit smoking within any indoor fa- cility (or portion of such facility) operated by such agency, directly or by contract, to provide routine or regular health or day care or early childhood education programs to children. (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 The provisions of paragraph (2) shall also apply to the provision of such routine or reg- ular kindergarten, elementary or secondary education or library services in the facilities described in paragraph (2) not subject to para- graph (1). (d) Notice The prohibitions in subsections (a) through (c) shall be published in a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies) and by such agency heads in funding arrangements involving the provision of children’s services administered by such heads. Such prohibitions shall be effec- tive 90 days after such notice is published, or 270 days after January 8, 2002, whichever occurs first. (e) Civil penalties (1) In general Any failure to comply with a prohibition in this section shall be considered to be a viola- tion of this section and any person subject to such prohibition who commits such violation may be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, or may be subject to an admin- istrative compliance order, or both, as deter- mined by the Secretary. Each day a violation continues shall constitute a separate viola- tion. In the case of any civil penalty assessed under this section, the total amount shall not exceed 50 percent of the amount of Federal funds received under any subchapter of this chapter by such person for the fiscal year in which the continuing violation occurred. For the purpose of the prohibition in subsection (c), the term ‘‘person’’, as used in this para- graph, shall mean the head of the applicable