---
kind: "section"
citation: "20 U.S.C. § 7972"
title: "20"
title_heading: "Education"
number: "7972"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7972"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VIII — General Provisions"
  - "Part F — Uniform Provisions"
  - "Subpart 5 — environmental tobacco smoke"
---

# §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](#1)’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](/usc/20/7171.md?p=b-6) or local governments, by Federal grant, loan, loan guarantee, or contract programs—
    - (i) administered by either the [Secretary](#5) of Health and Human Services or the [Secretary](#5) of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [[42 U.S.C. 1395](/usc/42/1395.md) et seq., 1396 et seq.]); or
    - (ii) administered by the [Secretary](#5) 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](/usc/20/7801.md?p=3) Nutrition Act of 1966 [[42 U.S.C. 1786(b)(6)](/usc/42/1786.md?p=b-6)]; or
  - (B) that are provided in [indoor facilities](#3) 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 subpart,[^1]

  except that nothing in [clause (ii)](#2-A-ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons are redeemed under the [Child](/usc/20/7801.md?p=3) Nutrition Act of 1966 [[42 U.S.C. 1771](/usc/42/1771.md) et seq.].

- (3) **Indoor facility—** The term “indoor facility” means a building that is enclosed.
- (4) **Person—** The term “person” means any [State](/usc/20/7171.md?p=b-6) or local subdivision of a [State](/usc/20/7171.md?p=b-6), agency of such [State](/usc/20/7171.md?p=b-6) or subdivision, corporation, or partnership that owns or operates or otherwise controls and provides [children](#1)’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.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

This subpart, referred to in text, was in the original “this part”, and was translated as reading “this subpart”, 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 classified generally to chapter 13A (§ 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification 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.), respectively, 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.