Notice: Re-Authorization of Pro-Children Act of 1994 ("PCA") Under the No Child Left Behind Act of 2001 ("NCLB")

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The Department of Health and Human Services announces the re- authorization of the Pro-Children Act of 1994. The Pro-Children Act prohibits smoking in facilities that are funded directly by the Federal Government or through State or local governments by Federal grant, loan, loan guarantee, or contract programs that offer education, library, day care, health care and early childhood development services (e.g., Head Start) on a routine and regular basis to children under the age of eighteen (18). The Act is being re-authorized under the No Child Left Behind Act of 2001, Pub. L. 107-110 (2001), effective January 8, 2002. Prohibitions: The below prohibitions shall be effective 90 days after this notice is published, or 270 days after January 8, 2002, whichever occurs first. "Any failure to comply with a prohibition in this section shall be considered to be a violation 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 administrative compliance order, or both, as determined by the Secretary." "(a) Prohibition--After the d