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SEC. 4302. DEFINITIONS.

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As used in this part:

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(1) CHILDREN- The term children means individuals who have not attained the age of 18.

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(2) CHILDRENS SERVICES- The term childrens services means the provision on a routine or regular basis of health, day care, education, or library services —

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(A) that are funded, after the date of enactment of the No Child Left Behind Act of 2001, directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs —

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(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); or

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(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; or

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(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,

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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.

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(3) INDOOR FACILITY- The term indoor facility means a building that is enclosed.

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(4) PERSON- 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 childrens services or any individual who owns or operates or otherwise controls and provides such services.

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(5) SECRETARY- The term Secretary means the Secretary of Health and Human Services.