Subchapter IV - 21st Century Schools Part C - Environmental Tobacco Smoke. Definitions.
As used in this part:
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 services -
(A) that are funded, after January 8, 2002, directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs -
(i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [42 USC 1395 et seq., 1396 et seq.]); or
(ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in part 246.2 of title 7, Code of Federal Regulations (or any corresponding similar regulation or ruling)) under section 17(b)(6) of the Child Nutrition Act of 1966 [42 USC 1786(b)(6)]; or
(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, as determined by the appropriate head of a Federal agency in any enforcement action carried out under this part,
except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons are redeemed under the Child Nutrition Act of 1966 [42 USC 1771 et seq.].
(3) Indoor facility
The term "indoor facility" means a building that is enclosed.
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.
The term "Secretary" means the Secretary of Health and Human Services.
(Pub. L. 89-10, title IV, Sec. 4302, as added Pub. L. 107-110, title IV, Sec. 401, Jan. 8, 2002, 115 Stat. 1773.)