20 U.S.C. § 6067 — Sense of Congress

Page 1311 TITLE 20—EDUCATION § 6067 1 See References in Text note below. 1 See References in Text note below. 1 So in original. No subsec. (a) has been enacted. (5) such other issues as the National Acad- emy of Sciences or the National Academy of Education considers appropriate. (c) Study panel membership Any panel constituted in furtherance of the study to be conducted under subsection (a) shall include consumer representatives. (d) Findings and recommendations The Secretary shall request the National Academy of Sciences or the National Academy of Education to submit an interim report of its findings and recommendations to the President and Congress not later than 12 months, and a final report not later than 24 months, from the date of the completion of procurement relating to the study. (e) Funding From funds appropriated to the Secretary for research related to individuals with disabilities the Secretary shall make available $600,000 for fiscal year 1994, and such sums as may be nec- essary for fiscal year 1995, to carry out this sec- tion. Amounts made available under this sub- section shall remain available until expended. (Pub. L. 103–227, title X, § 1015, Mar. 31, 1994, 108 Stat. 266.) Editorial Notes REFERENCES IN TEXT The Goals 2000: Educate America Act, referred to in subsecs. (a)(1) and (b)(4), is Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125 (except titles V and IX), which is classified principally to this chapter (except subchapters V (§ 5931 et seq.) and IX (§ 6001 et seq.)). For complete classifica- tion of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. § 6064. Contraceptive devices The Department of Health and Human Serv- ices and the Department of Education shall en- sure that all federally funded programs which provide for the distribution of contraceptive de- vices to unemancipated minors develop proce- dures to encourage, to the extent practical, fam- ily participation in such programs. (Pub. L. 103–227, title X, § 1018, Mar. 31, 1994, 108 Stat. 268.) § 6065. Assessments (a) Subchapter II No funds provided under subchapter II of this chapter shall be used to develop or undertake assessments that will be used to make decisions regarding the graduation, grade promotion, or retention of students for 5 years after March 31, 1994. (b) Subchapter III 1 Assessments developed with funds under sub- chapter III 1 of this chapter may be used for deci- sions regarding graduation, grade promotion, or retention of students only on the condition that students have been prepared in the content for which the students are being assessed. (Pub. L. 103–227, title X, § 1019, Mar. 31, 1994, 108 Stat. 269.) Editorial Notes REFERENCES IN TEXT Subchapters II and III of this chapter, referred to in text, were in the original references to titles II and III, respectively, of Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 133, 157. Title II enacted subchapter II of this chapter and section 3425 of this title, amended section 5093 of this title and section 5315 of Title 5, Government Orga- nization and Employees, and enacted provisions set out as a note under section 5093 of this title. Title III was classified generally to subchapter III (§ 5881 et seq.) of this chapter and was repealed by Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A–265. § 6066. Public schools Except as provided in section 5890 1 of this title, nothing in this chapter shall be construed to authorize the use of funds under subchapter III 1 of this chapter to directly or indirectly ben- efit any school other than a public school. (Pub. L. 103–227, title X, § 1020, Mar. 31, 1994, 108 Stat. 269.) Editorial Notes REFERENCES IN TEXT Section 5890 of this title, referred to in text, was re- pealed by Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A–265. Subchapter III of this chapter, referred to in text, was in the original a reference to title III of Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 157, which was classified generally to subchapter III (§ 5881 et seq.) of this chap- ter and was repealed by Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A–265. § 6067. Sense of Congress It is the sense of the Congress that— (1) no funds appropriated pursuant to this chapter should be expended by an entity un- less the entity agrees that in expending the as- sistance the entity will comply with chapter 83 of title 41; (2) in the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this chap- ter, entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products; (3) in providing financial assistance under this chapter, the head of each Federal agency should provide to each recipient of the assist- ance a notice describing the statement made in subsection (a) 1 by the Congress; and (4) if it has been finally determined by a court or Federal agency that any person inten- tionally affixed a label bearing a ‘‘Made in America’’ inscription, or any inscription with the same meaning to any product sold in or shipped to the United States that is not made in the United States, such person should be in- eligible to receive any contract or subcontract made with funds provided pursuant to this chapter, pursuant to the debarment, suspen- sion, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Page 1312 TITLE 20—EDUCATION § 6081 Federal Regulations, as such sections existed on March 31, 1994. (Pub. L. 103–227, title X, § 1022, Mar. 31, 1994, 108 Stat. 270.) Editorial Notes CODIFICATION In par. (1), ‘‘chapter 83 of title 41’’ substituted for ‘‘sections 2 through 4 of the Act of March 3, 1993 (41 U.S.C. 10a–10c, popularly known as the ‘Buy American Act’)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. Another section 1022 of Pub. L. 103–227 was classified to section 6055a of this title, prior to repeal by Pub. L. 107–279. PART B—ENVIRONMENTAL TOBACCO SMOKE Editorial Notes CODIFICATION This part was, in the original, part C of title X of Pub. L. 103–227 and has been designated part B of this subchapter for purposes of codification. Similar provisions relating to environmental tobacco smoke are contained in part C (§ 7181 et seq.) of sub- chapter IV of chapter 70 of this title. § 6081. Short title This part may be cited as the ‘‘Pro-Children Act of 1994’’. (Pub. L. 103–227, title X, § 1041, Mar. 31, 1994, 108 Stat. 271.) § 6082. Definitions As used in this part: (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 March 31, 1994, 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 7 CFR 246.2) 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 Secretary in any enforcement action under this subchapter, 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) Person The term ‘‘person’’ means any State or local subdivision thereof, 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. (4) Indoor facility The term ‘‘indoor facility’’ means a building that is enclosed. (5) Secretary The term ‘‘Secretary’’ means the Secretary of Health and Human Services. (Pub. L. 103–227, title X, § 1042, Mar. 31, 1994, 108 Stat. 271.) Editorial Notes REFERENCES IN TEXT 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 Social Security Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.) of chapter 7 of Title 42. For complete classifica- tion of this Act to the Code, see section 1305 of Title 42 and Tables. This subchapter, referred to in par. (2)(B), was in the original ‘‘this title’’, meaning title X of Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 265, which enacted this sub- chapter and section 3351 of this title, amended sections 1107, 1232h, 2421, 3381 to 3384, and 3386 of this title, sec- tions 1632, 1633, and 1635 of Title 29, Labor, and section 11903a of Title 42, and enacted provisions set out as notes under section 2701 of this title and section 11901 of Title 42. § 6083. Nonsmoking policy for children’s services (a) Prohibition After March 31, 1994, 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 After March 31, 1994, no person shall permit smoking within any indoor facility (or portion thereof) owned or leased or contracted for by such person for the provision by such person of regular or routine health care or day care or early childhood development (Head Start) serv- ices to children or for the use of the employees of such person who provides such services, ex- cept that this subsection shall not apply to— (1) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and (2) any private residence.