Purpose

The Pro-Children Act of 2001 prohibits smoking in buildings used to provide children under 18 with regular or routine health care, day care, education, or library services. This requirement protects the health of children from the potentially deadly effects of breathing tobacco smoke. Each year, an estimated 3,000 nonsmoking Americans die of lung cancer and up to 300,000 children suffer from respiratory tract infections because of exposure to second-hand smoke. Evidence also indicates that exposure to second-hand smoke causes heart disease.

The prohibition also ensures that children will not witness adult role models such as teachers and caregivers smoking. Cigarette smoking is responsible for more than 400,000 deaths each year in the United States or one in every five deaths. If current patterns of smoking persist, more than five million people currently younger

How It Works

This provision generally covers children's services that are funded directly or through the U.S. Department of Education, the Department of Health and Human Services (HHS), and the Department of Agriculture Special Supplemental Nutrition Program for Women, Infants, and Children. It applies to states, counties, school districts, state and local agencies, schools, and any individual, corporation, or partnership that owns, operates, controls, or provides children's services. It does not apply to private homes or parts of buildings used to provide inpatient treatment for drug and alcohol addiction.

Administrative compliance orders and civil penalties, not to exceed $1,000 per violation, may be imposed by HHS for a violation, with each day of non-compliance considered a separate violation.

Key Activities For The State Education Agencies

States and their subdivisions (including districts and schools) must prohibit smoking in buildings that provide children's services.