r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms

“targeted low-income child” applies throughout its subchapter

the term “targeted low-income child” means a child— (A) who has been determined eligible by the State for child health assistance under the State plan; (B) (i) who is a low-income child, or (ii) is a child— (I) whose family income (as determined under the State child health plan) exceeds the medicaid applicable income level (as defined in paragraph (4)), but does not exceed 50 percentage points above the medicaid applicable income level; (II) whose family income (as so determined) does not exceed the medicaid applicable income level (as defined in paragraph (4) but determined as if “ June 1, 1997 ” were substituted for “ March 31, 1997 ”); or (III) who resides in a State that does not have …

“uncovered child” applies throughout its subchapter

The term “uncovered child” means a child that does not have creditable health coverage. (9) School-based health center (A) In general

“applicable existing waiver” applies in that section

The term “applicable existing waiver” means a waiver, experimental, pilot, or demonstration project under section 1315 of this title , grandfathered under section 6102(c)(3) of the Deficit Reduction Act of 2005, or otherwise conducted under authority that— (A) would allow funds made available under this subchapter to be used to provide child health assistance or other health benefits coverage to— (i) a parent of a targeted low-income child; (ii) a nonpregnant childless adult; or (iii) individuals described in both clauses (i) and (ii); and (B) was in effect during fiscal year 2009. (2) Definitions (A) Parent

“nonpregnant childless adult” applies in that section

The term “nonpregnant childless adult” has the meaning given such term by section 1397gg(f) of this title .

“parent” applies in that section

The term “parent” includes a caretaker relative (as such term is used in carrying out section 1396u–1 of this title ) and a legal guardian. (B) Nonpregnant childless adult

“legally authorized representative” applies in that section

the term “legally authorized representative” means, unless otherwise provided by law, the individual or judicial or other body authorized under the applicable law to consent to medical treatment on behalf of another person.

“pregnancy-related assistance” applies in that section

The term “pregnancy-related assistance” has the meaning given the term “child health assistance” in section 1397jj(a) of this title with respect to an individual during the period described in paragraph (2)(A). (2) Targeted low-income pregnant woman

“targeted low-income pregnant woman” applies in that section

The term “targeted low-income pregnant woman” means an individual— (A) during pregnancy and through the end of the month in which the 60-day period, or, in the case that subparagraph (A) of section 1396a(e)(16) of this title applies to the State child health plan (or waiver of such plan), pursuant to section 1397gg(e)(1) of this title , the 12-month period, 1 (beginning on the last day of her pregnancy) ends; (B) whose family income exceeds 185 percent (or, if higher, the percent applied under subsection (b)(1)(A)) of the poverty line applicable to a family of the size involved, but does not exceed the income eligibility level established under the State child health plan under this …

“community-based long-term care” applies in that section

The term “community-based long-term care” has the meaning given such term by the Secretary. (B) Eligible entity

“eligible entity” applies in that section

The term “eligible entity” means the following: (i) A long-term care facility. (ii) A community-based long-term care entity (as defined by the Secretary). (b) Certified EHR technology grant program (1) Grants authorized The Secretary is authorized to make grants to long-term care facilities for the purpose of assisting such entities in offsetting the costs related to purchasing, leasing, developing, and implementing certified EHR technology (as defined in section 1395w–4( o )(4) of this title) designed to improve patient safety and reduce adverse events and health care complications resulting from medication errors.

“community health worker” applies in that section

The term “community health worker” means an individual who promotes health or nutrition within the community in which the individual resides— (A) by serving as a liaison between communities and health care agencies; (B) by providing guidance and social assistance to community residents; (C) by enhancing community residents’ ability to effectively communicate with health care providers; (D) by providing culturally and linguistically appropriate health or nutrition education; (E) by advocating for individual and community health or nutrition needs; and (F) by providing referral and followup services. (5) Parent mentor

“eligible entity” applies in that section

The term “eligible entity” means any of the following: (A) A State with an approved child health plan under this subchapter. (B) A local government. (C) An Indian tribe or tribal consortium, a tribal organization, an urban Indian organization receiving funds under title V of the Indian Health Care Improvement Act ( 25 U.S.C. 1651 et seq.), or an Indian Health Service provider. (D) A Federal health safety net organization. (E) A national, State, local, or community-based public or nonprofit private organization, including organizations that use community health workers, community-based doula programs, or parent mentors.

“Federal health safety net organization” applies in that section

The term “Federal health safety net organization” means— (A) a Federally-qualified health center (as defined in section 1396d( l )(2)(B) of this title); (B) a hospital defined as a disproportionate share hospital for purposes of section 1396r–4 of this title ; (C) a covered entity described in section 256b(a)(4) of this title ; and (D) any other entity or consortium that serves children under a federally funded program, including the special supplemental nutrition program for women, infants, and children (WIC) established under section 1786 of this title , the Head Start and Early Head Start programs under the Head Start Act ( 42 U.S.C.

“Indian” applies in that section

The terms “Indian”, “Indian tribe”, “tribal organization”, and “urban Indian organization” have the meanings given such terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (4) Community health worker

“Indian tribe” applies in that section

The terms “Indian”, “Indian tribe”, “tribal organization”, and “urban Indian organization” have the meanings given such terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (4) Community health worker

“parent mentor” applies in that section

The term “parent mentor” means an individual who— (A) is a parent or guardian of at least one child who is an eligible child under this subchapter or subchapter XIX; and (B) is trained to assist families with children who have no health insurance coverage with respect to improving the social determinants of the health of such children, including by providing— (i) education about health insurance coverage, including, with respect to obtaining such coverage, eligibility criteria and application and renewal processes; (ii) assistance with completing and submitting applications for health insurance coverage; (iii) a liaison between families and representatives of State plans under subchapter …

“tribal organization” applies in that section

The terms “Indian”, “Indian tribe”, “tribal organization”, and “urban Indian organization” have the meanings given such terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (4) Community health worker

“urban Indian organization” applies in that section

The terms “Indian”, “Indian tribe”, “tribal organization”, and “urban Indian organization” have the meanings given such terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (4) Community health worker

“agency” applies throughout its division

The term “agency” has the meaning given that term in section 551 of title 5 . (2) Intervention

“intervention” applies throughout its division

The term “intervention” means a specific service delivered to achieve an impact through a social impact partnership project. (3) Secretary

“Secretary” applies throughout its division

The term “Secretary” means the Secretary of the Treasury. (4) Social impact partnership project

“social impact partnership model” applies throughout its division

The term “social impact partnership model” means a method of financing social services in which— (A) Federal funds are awarded to a State or local government only if a State or local government achieves certain outcomes agreed on by the State or local government and the Secretary; and (B) the State or local government coordinates with service providers, investors (if applicable to the project), and (if necessary) an intermediary to identify— (i) an intervention expected to produce the outcome; (ii) a service provider to deliver the intervention to the target population; and (iii) investors to fund the delivery of the intervention. (6) State

“social impact partnership project” applies throughout its division

The term “social impact partnership project” means a project that finances social services using a social impact partnership model. (5) Social impact partnership model

“State” applies throughout its division

The term “State” means each State of the United States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian tribe.

“applicable Secretary” applies in that section

the term “applicable Secretary” means the applicable Secretary, a public housing agency, or another entity that determines the eligibility of an individual for financial assistance. (e) Regulatory actions against entities for erroneous determinations regarding eligibility based upon citizenship or immigration status The applicable Secretary shall not take any compliance, disallowance, penalty, or other regulatory action against an entity with respect to any error in the entity’s determination to make an individual eligible for financial assistance based on citizenship or immigration status— (1) if the entity has provided such eligibility based on a verification of satisfactory immigration …

“eligibility” applies in that section

the term “eligibility” means the eligibility of each family member.

“family” applies in that section

the term “family” means a head of household, any spouse, any parents of the head of household, any parents of the spouse, and any children of the head of household or spouse. Financial assistance continued under this subparagraph for a family may be provided only on a prorated basis, under which the amount of financial assistance is based on the percentage of the total number of members of the family that are eligible for that assistance under the program of financial assistance and under this section. (B) (i) Defer the termination of financial assistance, if necessary to permit the orderly transition of the individual and any family members involved to other affordable housing.

“financial assistance” applies in that section

the term “financial assistance” means financial assistance made available pursuant to the United States Housing Act of 1937 [ 42 U.S.C. 1437 et seq.], section 1715z or 1715z–1 of title 12, the direct loan program under section 1472 of this title or section 1472(c)(5)(D), 1474, 1490a(a)(2)(A), or 1490r of this title, subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act [ 42 U.S.C. 12851 et seq.], or section 101 of the Housing and Urban Development Act of 1965 [ 12 U.S.C. 1701s ].

“satisfactory immigration status” applies in that section

the term “satisfactory immigration status” means an immigration status which does not make the individual ineligible for financial assistance. (2) If such an individual is not a citizen or national of the United States, is not 62 years of age or older, and is receiving financial assistance on September 30, 1996 , or applying for financial assistance on or after September 30, 1996 , there must be presented either— (A) alien registration documentation or other proof of immigration registration from the Immigration and Naturalization Service that contains the individual’s alien admission number or alien file number (or numbers if the individual has more than one number), or (B) such other …

“federally assisted housing programs” applies in that section

the term “federally assisted housing programs” means any program authorized by the United States Housing Act of 1937 [ 42 U.S.C. 1437 et seq.], sections 1715z and 1715z–1 of title 12, section 101 of the Housing and Urban Development Act of 1965 [ 12 U.S.C. 1701s ], or section 1701q of title 12 .

“covered agency” applies in that section

the term “covered agency” means a public housing agency or such other entity that administers Federal housing assistance for— (I) 1 the Housing Authority of the county of Los Angeles, California; or (ii) any of the States of Alaska, Iowa, and Mississippi. (4) Nondiscrimination No person shall be prohibited from serving on the board of directors or similar governing body of a public housing agency because of the residence of that person in a public housing project or status as assisted under section 1437f of this title .

“acquisition cost” applies in that section

The term “acquisition cost” means the amount prudently required to be expended by a public housing agency in acquiring property for a low-income housing project.;

“adjusted income” applies throughout its chapter

The term “adjusted income” means, with respect to a family, the amount (as determined by the public housing agency or owner) of the income of the members of the family residing in a dwelling unit or the persons on a lease, after any deductions from income as follows: (A) Elderly and disabled families .— $525 in the case of any family that is an elderly family or a disabled family.

“Capital Fund” applies throughout its chapter

The term “Capital Fund” means the fund established under section 1437g(d) of this title . (13) Operating fund .—

“congregate housing” applies in that section

The term “congregate housing” means low-rent housing with which there is connected a central dining facility where wholesome and economical meals can be served to occupants. Expenditures incurred by a public housing agency in the operation of a central dining facility in connection with congregate housing (other than the cost of providing food and service) shall be considered a cost of operation of the project.;

“development” applies throughout its chapter

The term “development” means any or all undertakings necessary for planning, land acquisition, demolition, construction, or equipment, in connection with a low-income housing project. The term “development cost” comprises the costs incurred by a public housing agency in such undertakings and their necessary financing (including the payment of carrying charges), and in otherwise carrying out the development of such project, but does not include the costs associated with the demolition of or remediation of environmental hazards associated with public housing units that will not be replaced on the project site, or other extraordinary site costs as determined by the Secretary.

“displaced person” applies throughout its chapter

The term “displaced person” means a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. (G) Near-elderly person .—

“drug-related criminal activity” applies throughout its chapter

The term “drug-related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as such term is defined in section 802 of title 21 ). (10) Mixed-finance project .—

“elderly person” applies throughout its chapter

The term “elderly person” means a person who is at least 62 years of age. (E) Person with disabilities .—

“families” applies throughout its chapter

The term “families” includes families consisting of a single person in the case of (i) an elderly person, (ii) a disabled person, (iii) a displaced person, (iv) the remaining member of a tenant family, (v) a youth described in section 1437f(x)(2)(B) of this title , and (vi) any other single persons. In no event may any single person under clause (v) or (vi) of the first sentence be provided a housing unit assisted under this chapter of 2 or more bedrooms. (B) Families .—

“group home” applies in that section

The terms “group home” and “independent living facility” have the meanings given such terms in section 8013(k) of this title . (d) Availability of income matching information (1) Disclosure to PHA A public housing agency, or the owner responsible for determining the participant’s eligibility or level of benefits, shall require any family described in paragraph (2) who receives information regarding income, earnings, wages, or unemployment compensation from the Department of Housing and Urban Development pursuant to income verification procedures of the Department to disclose such information, upon receipt of the information, to the public housing agency that owns or operates the public …

“income” applies throughout its chapter

The term “income” means, with respect to a family, income received from all sources by each member of the household who is 18 years of age or older or is the head of household or spouse of the head of the household, plus unearned income by or on behalf of each dependent who is less than 18 years of age, as determined in accordance with criteria prescribed by the Secretary, in consultation with the Secretary of Agriculture, subject to the following requirements: (A) Included amounts .— Such term includes recurring gifts and receipts, actual income from assets, and profit or loss from a business.

“independent living facility” applies in that section

The terms “group home” and “independent living facility” have the meanings given such terms in section 8013(k) of this title . (d) Availability of income matching information (1) Disclosure to PHA A public housing agency, or the owner responsible for determining the participant’s eligibility or level of benefits, shall require any family described in paragraph (2) who receives information regarding income, earnings, wages, or unemployment compensation from the Department of Housing and Urban Development pursuant to income verification procedures of the Department to disclose such information, upon receipt of the information, to the public housing agency that owns or operates the public …

“low-income families” applies throughout its chapter

The term “low-income families” means those families whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes.;

“low-income housing” applies throughout its chapter

The term “low-income housing” means decent, safe, and sanitary dwellings assisted under this chapter.

“low-income housing project” applies throughout its chapter

the term “low-income housing project” or “project” means (A) housing developed, acquired, or assisted by a public housing agency under this chapter, and (B) the improvement of any such housing. (2);

“mixed-finance project” applies throughout its chapter

The term “mixed-finance project” means a public housing project that meets the requirements of section 1437z–7 of this title . (11) Public housing agency plan .—

“near-elderly person” applies throughout its chapter

The term “near-elderly person” means a person who is at least 50 years of age but below the age of 62. (4) Income .—

“Operating Fund” applies throughout its chapter

The term “Operating Fund” means the fund established under section 1437g(e) of this title . (c) Definition of terms used in reference to public housing When used in reference to public housing:;

“operation” applies throughout its chapter

The term “operation” means any or all undertakings appropriate for management, operation, services, maintenance, security (including the cost of security personnel), or financing in connection with a low-income housing proj­ect. The term also means the financing of tenant programs and services for families residing in low-income housing projects, particularly where there is maximum feasible participation of the tenants in the development and operation of such tenant programs and services. As used in this paragraph,

“over-income family” applies in that section

the term “over-income family” means an individual or family that is not a low-income family at the time of initial occupancy. (6) Reviews of family income.— (A) Frequency .— Reviews of family income for purposes of this section shall be made— (i) in the case of all families, upon the initial provision of housing assistance for the family; (ii) annually thereafter, except as provided in paragraph (1) with respect to fixed-income families; (iii) upon the request of the family, at any time the income or deductions (under subsection (b)(5)) of the family change by an amount that is estimated to result in a decrease of 10 percent (or such lower amount as the Secretary may, by notice, establish, …

“person with disabilities” applies throughout its chapter

The term “person with disabilities” means a person who— (i) has a disability as defined in section 423 of this title , (ii) is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional impairment which (I) is expected to be of long-continued and indefinite duration, (II) substantially impedes his or her ability to live independently, and (III) is of such a nature that such ability could be improved by more suitable housing conditions, or (iii) has a developmental disability as defined in section 15002 of this title .

“police officer” applies in that section

the term “police officer” means any person determined by a public housing agency to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State, or local government or by any agency thereof (including a public housing agency having an accredited police force).

“project” applies throughout its chapter

the term “low-income housing project” or “project” means (A) housing developed, acquired, or assisted by a public housing agency under this chapter, and (B) the improvement of any such housing. (2);

“public housing” applies throughout its chapter

The term “public housing” means low-income housing, and all necessary appurtenances thereto, assisted under this chapter other than under section 1437f of this title .

“public housing agency” applies throughout its chapter

the term “public housing agency” means any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of public housing, or a consortium of such entities or bodies as approved by the Secretary.

“public housing agency plan” applies throughout its chapter

The term “public housing agency plan” means the plan of a public housing agency prepared in accordance with section 1437c–1 of this title . (12) Capital fund .—

“qualifying smoke alarm” applies in that section

The term “qualifying smoke alarm” means a smoke alarm that— (I) in the case of a dwelling unit built before December 29, 2022 , and not substantially rehabilitated after December 29, 2022 — (aa) (AA) is hardwired; or (BB) uses 10-year non rechargeable, nonreplaceable primary batteries and is sealed, is tamper resistant, and contains silencing means; and (bb) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or (II) in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022 , is hardwired. (b) Definition of terms under this chapter When used in this chapter:;

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Housing and Urban Development. (9) Drug-related criminal activity .—

“smoke alarm” applies in that section

The term “smoke alarm” has the meaning given the term “smoke detector” in section 2225(d) of title 15 . (ii) Qualifying smoke alarm defined

“State” applies throughout its chapter

The term “State” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.;

“tenant programs and services” applies in that section

the term “tenant programs and services” includes the development and maintenance of tenant organizations which participate in the management of low-income housing projects; the training of tenants to manage and operate such projects and the utilization of their services in project management and operation; counseling on household management, housekeeping, budgeting, money management, child care, and similar matters; advice as to resources for job training and placement, education, welfare, health, and other community services; services which are directly related to meeting tenant needs and providing a wholesome living environment; and referral to appropriate agencies in the community when …

“very low-income families” applies throughout its chapter

The term “very low-income families” means low-income families whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes.

“applicant” applies throughout its subchapter

The term “applicant” means the following entities that may represent the tenants of the project: (A) A public housing agency. (B) A resident management corporation, established in accordance with requirements of the Secretary under section 1437r of this title . (C) A resident council. (D) A cooperative association. (E) A public or private nonprofit organization. (F) A public body, including an agency or instrumentality thereof.;

“eligible family” applies throughout its subchapter

The term “eligible family” means— (A) a family or individual who is a tenant in the public housing project on the date the Secretary approves an implementation grant; (B) a low-income family; or (C) a family or individual who is assisted under a housing program administered by the Secretary or the Secretary of Agriculture (not including any non-low income families assisted under any mortgage insurance program administered by either Secretary).;

“homeownership program” applies throughout its subchapter

The term “homeownership program” means a program for homeownership meeting the requirements under this subchapter.;

“recipient” applies throughout its subchapter

The term “recipient” means an applicant approved to receive a grant under this subchapter or such other entity specified in the approved application that will assume the obligations of the recipient under this subchapter.;

“resident council” applies throughout its subchapter

The term “resident council” means any incorporated nonprofit organization or association that— (A) is representative of the tenants of the housing; (B) adopts written procedures providing for the election of officers on a regular basis; and (C) has a democratically elected governing board, elected by the tenants of the housing.

“covered housing assistance” applies throughout its subchapter

the term “covered housing assistance” means— (1) operating assistance under section 1437g of this title (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998); (2) modernization assistance under section 1437 l of this title (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998); (3) assistance for the certificate and voucher programs under section 1437f of this title (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998); (4) assistance from the Operating Fund under section 1437g(e) of this title …

“jurisdiction” applies throughout its subchapter

The term “jurisdiction” means— (A) a unit of general local government (as such term is defined in section 12704 of this title ) that has boundaries, for purposes of carrying out this subchapter, that— (i) wholly contain the area within which a public housing agency is authorized to operate; and (ii) do not contain any areas contained within the boundaries of any other participating jurisdiction; and (B) a consortia of such units of general local government, organized for purposes of this subchapter. (2) Participating jurisdiction

“participating jurisdiction” applies throughout its subchapter

The term “participating jurisdiction” means, with respect to a period for which such an agreement is made, a jurisdiction that has entered into an agreement under section 1437bbb–5(b)(3) of this title to receive assistance pursuant to this subchapter for such fiscal year.

“qualified public housing agency” applies in that section

the term “qualified public housing agency” means a public housing agency that meets the following requirements: (i) The sum of (I) the number of public housing dwelling units administered by the agency, and (II) the number of vouchers under section 1437f( o ) of this title administered by the agency, is 550 or fewer. (ii) The agency is not designated under section 1437d(j)(2) of this title as a troubled public housing agency, and does not have a failing score under the section 8 [ 42 U.S.C. 1437f ] Management Assessment Program during the prior 12 months.

“adult” applies in that section

The term “adult” means a person who is 18 years of age or older, or who has been convicted of a crime as an adult under any Federal, State, or tribal law. (B) Covered housing assistance

“controlled substance” applies in that section

The term “controlled substance” has the meaning given the term in section 802 of title 21 . (C) Currently engaging in the illegal use of a controlled substance

“covered housing assistance” applies in that section

The term “covered housing assistance” means— (i) a dwelling unit in public housing; (ii) a dwelling unit in housing that is provided project-based assistance under section 1437f of this title , including new construction and substantial rehabilitation projects; and (iii) tenant-based assistance under section 1437f of this title . (C) Owner

“currently engaging in the illegal use of a controlled substance” applies in that section

The term “currently engaging in the illegal use of a controlled substance” means the illegal use of a controlled substance that occurred recently enough to justify a reasonable belief that an applicant’s illegal use of a controlled substance is current or that continuing illegal use of a controlled substance by the applicant is a real and ongoing problem. (8) Effective date This subsection shall take effect on October 21, 1998 , and without the necessity of guidance from, or any regulation issued by, the Secretary.

“drug abuse treatment facility” applies in that section

The term “drug abuse treatment facility” means an entity that— (i) is— (I) an identified unit within a general medical care facility; or (II) an entity other than a general medical care facility; and (ii) holds itself out as providing, and provides, diagnosis, treatment, or referral for treatment with respect to the illegal use of a controlled substance. (B) Controlled substance

“drug-related criminal activity” applies throughout its subchapter

the term “drug-related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in section 802 of title 21 ). (m) Reporting requirements; limitation The Secretary shall not impose any unnecessarily duplicative or burdensome reporting requirements on tenants or public housing agencies assisted under this chapter.

“owner” applies in that section

The term “owner” means, with respect to covered housing assistance described in subparagraph (B)(ii), the entity or private person (including a cooperative or public housing agency) that has the legal right to lease or sublease dwelling units in the housing assisted.

“supportive services” applies in that section

the term “supportive services” means services designed to meet the special needs of residents. (e) Review of plans (1) Review and notification The Secretary shall conduct a limited review of each plan under subsection (d) that is submitted to the Secretary to ensure that the plan is complete and complies with the requirements of subsection (d). The Secretary shall notify each public housing agency submitting a plan whether the plan complies with such requirements not later than 60 days after receiving the plan.

“applicant” applies in that section

The term “applicant” means a public housing agency or any other agency responsible for administering assistance under this section. (B) Public child welfare agency

“assisted living facility” applies in that section

the term “assisted living facility” has the meaning given that term in section 232(b) of the National Housing Act ( 12 U.S.C. 1715w(b) ), except that such a facility may be contained within a portion of a larger multifamily housing project. (19) Rental vouchers for Veterans Affairs supported housing program (A) Set aside Subject to subparagraph (C), the Secretary shall set aside, from amounts made available for rental assistance under this subsection, the amounts specified in subparagraph (B) for use only for providing such assistance through a supported housing program administered in conjunction with the Department of Veterans Affairs.

“debt service” applies in that section

the term “debt service” means the required payments for principal and interest made with respect to a mortgage secured by housing assisted under this chapter;

“drug-related criminal activity” applies in that section

the term “drug-related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in section 802 of title 21 );

“eligibility event” applies in that section

the term “eligibility event” means, with respect to a multifamily housing project, the prepayment of the mortgage on such housing project, the voluntary termination of the insurance contract for the mortgage for such housing project (including any such mortgage prepayment during fiscal year 1996 or a fiscal year thereafter or any insurance contract voluntary termination during fiscal year 1996 or a fiscal year thereafter), the termination or expiration of the contract for rental assistance under this section for such housing project (including any such termination or expiration during fiscal years after fiscal year 1994 prior to the effective date of the Departments of Veterans Affairs and …

“first-time homeowner” applies in that section

the term “first-time homeowner” means— (A) a family, no member of which has had a present ownership interest in a principal residence during the 3 years preceding the date on which the family initially receives assistance for homeownership under this subsection; and (B) any other family, as the Secretary may prescribe.

“new landlord” applies in that section

the term “new landlord” means an owner of a dwelling unit who has not previously entered into a housing assistance payment contract with a public housing agency under this subsection for any dwelling unit. (II) Early inspection Upon the request of a new landlord, a public housing agency may inspect the dwelling unit owned by the new landlord to determine whether the unit meets the housing quality standards under subparagraph (B) before the unit is selected by a tenant assisted under this subsection.

“owned by a public housing agency” applies in that section

the term “owned by a public housing agency” means, with respect to a dwelling unit, that the dwelling unit is in a project that is owned by such agency, by an entity wholly controlled by such agency, or by a limited liability company or limited partnership in which such agency (or an entity wholly controlled by such agency) holds a controlling interest in the managing member or general partner.

“owner” applies in that section

the term “owner” means any private person or entity, including a cooperative, an agency of the Federal Government, or a public housing agency, having the legal right to lease or sublease dwelling units;

“participating jurisdiction” applies in that section

the term “participating jurisdiction” means a State or unit of general local government designated by the Secretary to be a participating jurisdiction under title II of the Cranston-Gonzalez National Affordable Housing Act [ 42 U.S.C. 12721 et seq.];

“project” applies in that section

the term “project” means a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land. (ii) Exceptions (I) Certain families The limitation under clause (i) shall not apply to dwelling units assisted under a contract that are exclusively made available to elderly families, to eligible youths receiving assistance pursuant to subsection (x)(2)(B), or to households eligible for supportive services that are made available to the assisted residents of the project, according to standards for such services the Secretary may establish.

“project-based assistance” applies in that section

the term “project-based assistance” means rental assistance under subsection (b) that is attached to the structure pursuant to subsection (d)(2) or ( o )(13); and;

“public child welfare agency” applies in that section

The term “public child welfare agency” means the public agency responsible under applicable State law for determining that a child is at imminent risk of placement in out-of-home care or that a child in out-of-home care under the supervision of the public agency may be returned to his or her family.

“qualifying smoke alarm” applies in that section

The term “qualifying smoke alarm” means a smoke alarm that— (i) in the case of a dwelling unit built before December 29, 2022 , and not substantially rehabilitated after December 29, 2022 — (I) (aa) is hardwired; or (bb) uses 10-year non rechargeable, nonreplaceable primary batteries and— (AA) is sealed; (BB) is tamper resistant; and (CC) contains silencing means; and (II) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or (ii) in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022 , is hardwired. (m) Repealed. Pub. L.

“rent” applies in that section

the terms “rent” or “rental” mean, with respect to members of a cooperative, the charges under the occupancy agreements between such members and the cooperative;

“rental” applies in that section

the terms “rent” or “rental” mean, with respect to members of a cooperative, the charges under the occupancy agreements between such members and the cooperative;

“smoke alarm” applies in that section

The term “smoke alarm” has the meaning given the term “smoke detector” in section 2225(d) of title 15 . (B) Qualifying smoke alarm defined

“tenant-based assistance” applies in that section

the term “tenant-based assistance” means rental assistance under subsection ( o ) that is not project-based assistance and that provides for the eligible family to select suitable housing and to move to other suitable housing. (g) Regulations applicable for implementation of assistance payments Notwithstanding any other provision of this chapter, assistance payments under this section may be provided, in accordance with regulations prescribed by the Secretary, with respect to some or all of the units in any project approved pursuant to section 1701q of title 12 .

“termination” applies in that section

the term “termination” means the expiration of the assistance contract or an owner’s refusal to renew the assistance contract, and such term shall include termination of the contract for business reasons.

“veteran” applies in that section

the term “veteran” has the meaning given that term in section 2002(b) of title 38 , United States Code. (20) Collection of utility data (A) Publication The Secretary shall, to the extent that data can be collected cost effectively, regularly publish such data regarding utility consumption and costs in local areas as the Secretary determines will be useful for the establishment of allowances for tenant-paid utilities for families assisted under this subsection.

“covered family” applies in that section

the term “covered family” means a family that (A) receives benefits for welfare or public assistance from a State or other public agency under a program for which the Federal, State, or local law relating to the program requires, as a condition of eligibility for assistance under the program, participation of a member of the family in an economic self-sufficiency program, and (B) resides in a public housing dwelling unit or is provided tenant-based assistance under section 1437f of this title .

“economic self-sufficiency program” applies in that section

the term “economic self-sufficiency program” means any program designed to encourage, assist, train, or facilitate the economic independence of participants and their families or to provide work for participants, including programs for job training, employment counseling, work placement, basic skills training, education, workfare, financial or household management, apprenticeship, or other activities as the Secretary may provide.

“net family assets” applies in that section

the term “net family assets” means, for all members of the household, the net cash value of all assets after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment. Such term does not include interests in Indian trust land, equity in property for which the family is receiving assistance under subsection (y) or ( o )(12) of section 1437f of this title , equity accounts in homeownership programs of the Department of Housing and Urban Development, or Family Self Sufficiency accounts.

“project-based assistance” applies in that section

the term “project-based assistance” means assistance under any of the following programs: (A) The new construction or substantial rehabilitation program under section 1437f(b)(2) of this title (as in effect before October 1, 1983 ). (B) The property disposition program under section 1437f(b) of this title (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998). (C) The loan management set-aside program under subsections (b) and (v) of section 1437f of this title . (D) The project-based certificate program under section 1437f(d)(2) of this title .

“qualified family” applies in that section

the term “qualified family” means a family having an income described in subsection (b)(1). (5) Limitations on tenancy for over-income families (A) Limitations Except as provided in subparagraph (D), in the case of any family residing in a dwelling unit of public housing whose income for the most recent two consecutive years, as determined pursuant to income reviews conducted pursuant to section 1437a(a)(6) of this title , has exceeded the applicable income limitation under subparagraph (C), the public housing agency shall— (i) notwithstanding any other provision of this chapter, charge such family as monthly rent for the unit occupied by such family an amount equal to the greater of— (I) …

“public housing project” applies in that section

the term “public housing project” includes one or more contiguous buildings or an area of contiguous row houses the elected resident councils of which approve the establishment of a resident management corporation and otherwise meet the requirements of this section. (b) Program requirements (1) Resident council As a condition of entering into a resident management program, the elected resident council of a public housing project shall approve the establishment of a resident management corporation.

“covered family” applies in that section

The term “covered family” means a family that receives assistance under section 1437f or 1437g of this title and is enrolled in the Pilot Program. (B) Eligible entity

“eligible entity” applies in that section

The term “eligible entity” means an entity that meets the requirements under subsection (c)(2) to administer a Family Self-Sufficiency program under this section. (2) Eligible family

“eligible family” applies in that section

The term “eligible family” means a family that meets the requirements under subsection (c)(1) to participate in the Family Self-Sufficiency program under this section. (3) Participating family

“participating family” applies in that section

The term “participating family” means an eligible family that is participating in the Family Self-Sufficiency program under this section. (p) Escrow Expansion Pilot Program (1) Definitions In this subsection: (A) Covered family

“Pilot Program” applies in that section

The term “Pilot Program” means the Pilot Program established under paragraph (2). (D) Welfare assistance

“welfare assistance” applies in that section

The term “welfare assistance” has the meaning given the term in section 984.103 of title 24, Code of Federal Regulations, or any successor regulation. (2) Establishment The Secretary may establish a pilot program under which the Secretary shall select not more than 25 eligible entities to establish and manage escrow accounts for not more than 5,000 covered families, in accordance with this subsection.

“affordable housing” applies in that section

The term “affordable housing” means rental or homeownership dwelling units that— (i) are made available for initial occupancy to low-income families, with a subset of units made available to very- and extremely-low income families; and (ii) are subject to the same rules regarding occupant contribution toward rent or purchase and terms of rental or purchase as dwelling units in public housing projects assisted with a grant under this section. (B) Smaller community

“applicant” applies in that section

The term “applicant” means— (A) any public housing agency that is not designated as troubled pursuant to section 1437d(j)(2) of this title ; (B) any public housing agency for which a private housing management agent has been selected, or a receiver has been appointed, pursuant to section 1437d(j)(3) of this title ; and (C) any public housing agency that is designated as troubled pursuant to section 1437d(j)(2) of this title and that— (i) is so designated principally for reasons that will not affect the capacity of the agency to carry out a revitalization program; (ii) is making substantial progress toward eliminating the deficiencies of the agency; or (iii) is otherwise determined by the …

“eligible project” applies in that section

the term “eligible project” means a project that— (A) the Secretary determines, under the criteria established pursuant to paragraph (3), is a main street project; (B) is carried out within the jurisdiction of a smaller community receiving the grant; and (C) involves the development of affordable housing that is located in the commercial area that is the subject of the project.

“severely distressed public housing” applies in that section

The term “severely distressed public housing” means a public housing project (or building in a project)— (A) that— (i) requires major redesign, reconstruction or redevelopment, or partial or total demolition, to correct serious deficiencies in the original design (including inappropriately high population density), deferred maintenance, physical deterioration or obsolescence of major systems and other deficiencies in the physical plant of the project; (ii) is a significant contributing factor to the physical decline of and disinvestment by public and private entities in the surrounding neighborhood; (iii) (I) is occupied predominantly by families who are very low-income families with …

“smaller community” applies in that section

The term “smaller community” means a unit of general local government (as such term is defined in section 5302 of this title ) that— (i) has a population of 50,000 or fewer; and (ii) (I) is not served by a public housing agency; or (II) is served by a single public housing agency, which agency administers 100 or fewer public housing dwelling units. (o) Sunset No assistance may be provided under this section after September 30, 2017 .

“supportive services” applies in that section

The term “supportive services” includes all activities that will promote upward mobility, self-sufficiency, and improved quality of life for the residents of the public housing project involved, including literacy training, job training, day care, transportation, and economic development activities. (k) Grantee reporting The Secretary shall require grantees of assistance under this section to report the sources and uses of all amounts expended for revitalization plans.

“eligible management entity” applies in that section

The term “eligible management entity” means, with respect to any public housing project, any of the following entities: (A) Nonprofit organization A public or private nonprofit organization, which may— (i) include a resident management corporation; and (ii) not include the public housing agency that owns or operates the project. (B) For-profit entity A for-profit entity that has demonstrated experience in providing low-income housing. (C) State or local government A State or local government, including an agency or instrumentality thereof. (D) Public housing agency A public housing agency (other than the public housing agency that owns or operates the project).

“manager” applies in that section

The term “manager” means any eligible management entity that has entered into a contract under this section with the Secretary for the management of specified housing. (3) Nonprofit

“nonprofit” applies in that section

The term “nonprofit” means, with respect to an organization, association, corporation, or other entity, that no part of the net earnings of the entity inures to the benefit of any member, founder, contributor, or individual. (4) Private nonprofit organization

“private nonprofit organization” applies in that section

The term “private nonprofit organization” means any private organization (including a State or locally chartered organization) that— (A) is incorporated under State or local law; (B) is nonprofit in character; (C) complies with standards of financial accountability acceptable to the Secretary; and (D) has among its purposes significant activities related to the provision of decent housing that is affordable to low-income families. (5) Public nonprofit organization

“public nonprofit organization” applies in that section

The term “public nonprofit organization” means any public entity that is nonprofit in character. (6) Specified housing

“specified housing” applies in that section

The term “specified housing” means a public housing project or projects, or a portion of a project or projects, for which the transfer of management is requested under this section. The term includes one or more contiguous buildings and an area of contiguous row houses, but in the case of a single building, the building shall be sufficiently separable from the remainder of the project of which it is part to make transfer of the management of the building feasible for purposes of this section.

“agent employed to manage the property that has an identity of interest” applies in that section

the term “agent employed to manage the property that has an identity of interest” means an entity— (A) that has management responsibility for a project; (B) in which the ownership entity, including its general partner or partners (if applicable), has an ownership interest; and (C) over which such ownership entity exerts effective control; and;

“knowing” applies in that section

the term “knowing” means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section.

“housing voucher program” applies in that section

The term “housing voucher program” means a program for tenant-based assistance under section 1437f of this title . (2) Small public housing agency

“small public housing agency” applies in that section

The term “small public housing agency” means a public housing agency— (A) for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 1437f( o ) of this title administered by the agency is 550 or fewer; and (B) that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations. (3) Troubled small public housing agency

“troubled small public housing agency” applies in that section

The term “troubled small public housing agency” means a small public housing agency designated by the Secretary as a troubled small public housing agency under subsection (c)(3). (b) Applicability Except as otherwise provided in this section, a small public housing agency shall be subject to the same requirements as a public housing agency.

“public housing” applies in that section

the term “public housing” has the meaning given the term in section 1437a(b) of this title , except that such term does not include any public housing that is federally assisted rental housing for the elderly or handicapped, as such term is defined in section 1701r–1(d) of title 12 . (d) Regulations This section shall take effect upon the date of the effectiveness of regulations issued by the Secretary to carry out this section. Such regulations shall be issued after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5 applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).

“mixed-finance project” applies in that section

the term “mixed-finance project” means a project that meets the requirements of paragraph (2) and is financially assisted by private resources, which may include low-income housing tax credits, in addition to amounts provided under this chapter.

“housing assistance plan” applies in that section

the term “housing assistance plan” means a housing assistance plan submitted and approved under section 5304 of this title or, in the case of a unit of general local government not participating under title I of this Act [ 42 U.S.C. 5301 et seq.], a housing plan approved by the Secretary as meeting the requirements of this section.

“participating jurisdiction” applies in that section

the term “participating jurisdiction” means a State or unit of general local government designated by the Secretary to be a participating jurisdiction under title II of the Cranston-Gonzalez National Affordable Housing Act [ 42 U.S.C. 12721 et seq.]. (B) The formula allocation requirements of subparagraph (A) shall not apply to— (i) assistance that is approved in appropriation Acts for use under sections 4 9 [ 42 U.S.C. 1437g ], or the rental rehabilitation grant program under section 17, 3 of the United States Housing Act of 1937, except that the Secretary shall comply with section 102 of the Department of Housing and Urban Development Reform Act of 1989 [ 42 U.S.C.

“Secretary” applies in that section

the term “Secretary” means the Secretary of Housing and Urban Development. (c) Guarantee of obligations issued by agencies; grants to agencies for interest payments on obligations; maximum amount of grants; prerequisites for guarantee; full faith and credit pledged for payment of guarantee; effect and validity of guarantee; fees and charges for guarantee; authorization of appropriations for grants; maximum amount of obligations guaranteed (1) The Secretary is authorized to guarantee, and enter into commitments to guarantee, the bonds, debentures, notes, and other obligations issued by State housing finance or State development agencies to finance development activities as determined by him …

“State” applies in that section

the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and;

“State housing finance or State development agency” applies in that section

the term “State housing finance or State development agency” means any public body or agency, publicly sponsored corporation, or instrumentality of one or more States which is designated by the Governor (or Governors in the case of an interstate development agency) for purposes of this section;

“mortgage” applies in that section

The term “mortgage” means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any interest in property, real, personal, or mixed, or any interest in property, including leaseholds, life estates, reversionary interests, and any other estates under applicable State law, is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien, for the purpose of securing the payment of money or the performance of an obligation.;

“single family mortgage” applies in that section

The term “single family mortgage” means a mortgage that covers property that includes a 1- to 4-family residence.

“adequate dwelling” applies throughout its subchapter

the term “adequate dwelling” means a decent, safe, and sanitary dwelling unit. (c) Conditions of eligibility In order to be eligible for the assistance authorized by subsection (a), the applicant must show (1) that he is the owner of a farm which is without a decent, safe, and sanitary dwelling for himself and his family and necessary resident farm labor, or for the family of the operating tenant, lessee, or sharecropper, or without other farm buildings adequate for the type of farming in which he engages or desires to engage, or that he is the owner of other real estate in a rural area or a rural resident without an adequate dwelling or related facilities for his own use or buildings …

“adjusted income” applies throughout its subchapter

the terms “income” and “adjusted income” have the meanings given by sections 3(b)(4) and 3(b)(5), respectively, of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b)(4) , (5)]. (B) For purposes of this subchapter, the term “income” does not include dividends received from the Alaska Permanent Fund by a person who was under the age of 18 years when that person qualified for the dividend. (6) For the purposes of this subchapter,

“development cost” applies throughout its subchapter

the term “development cost” shall include the packaging of loan and grant applications and actions related thereto by public and private nonprofit organizations tax exempt under title 26. (j) Program transfers Notwithstanding any other provision of law, the Secretary shall not transfer any program authorized by this subchapter to the Rural Development Administration.

“elderly or handicapped persons or families” applies throughout its subchapter

the term “elderly or handicapped persons or families” means families which consist of two or more persons, the head of which (or his or her spouse) is at least sixty-two years of age or is handicapped. Such term also means a single person who is at least sixty-two years of age or is handicapped.

“farm” applies throughout its subchapter

the term “farm” shall mean a parcel or parcels of land operated as a single unit which is used for the production of one or more agricultural commodities and which customarily produces or is capable of producing such commodities for sale and for home use of a gross annual value of not less than the equivalent of a gross annual value of $400 in 1944, as determined by the Secretary. The Secretary shall promptly determine whether any parcel or parcels of land constitute a farm for the purposes of this subchapter whenever requested to do so by any interested Federal, State, or local public agency, and his determination shall be conclusive.

“farm dwelling” applies throughout its subchapter

the terms “farm”, “farm dwelling”, and “farm housing” shall include dwellings or other essential buildings of eligible applicants. (e) Prepayment of taxes, insurance, and other expenses; advances to account of borrower: interest, time for repayment The Secretary shall establish procedures under which borrowers under this subchapter are required to make periodic payments for the purpose of taxes, insurance, and other necessary expenses as the Secretary may deem appropriate. Notwithstanding any other provision of law, such payments shall not be considered public funds.

“farm housing” applies throughout its subchapter

the terms “farm”, “farm dwelling”, and “farm housing” shall include dwellings or other essential buildings of eligible applicants. (e) Prepayment of taxes, insurance, and other expenses; advances to account of borrower: interest, time for repayment The Secretary shall establish procedures under which borrowers under this subchapter are required to make periodic payments for the purpose of taxes, insurance, and other necessary expenses as the Secretary may deem appropriate. Notwithstanding any other provision of law, such payments shall not be considered public funds.

“income” applies throughout its subchapter

the terms “income” and “adjusted income” have the meanings given by sections 3(b)(4) and 3(b)(5), respectively, of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b)(4) , (5)]. (B) For purposes of this subchapter, the term “income” does not include dividends received from the Alaska Permanent Fund by a person who was under the age of 18 years when that person qualified for the dividend. (6) For the purposes of this subchapter,

“Indian tribe” applies throughout its subchapter

the term “Indian tribe” means any Indian tribe, band, group, and nation, including Alaska Indians, Aleuts, and Eskimos, and any Alaskan Native Village, of the United States, which is considered an eligible recipient under the Indian Self-Determination and Education Assistance Act ( Public Law 93–638 ) [ 25 U.S.C. 5301 et seq.] or was considered an eligible recipient under chapter 67 of title 31 prior to the repeal of such chapter. (7) For the purposes of this subchapter,

“low income families or persons” applies throughout its subchapter

the terms “low income families or persons” and “very low-income families or persons” means those families and persons whose incomes do not exceed the respective levels established for lower income families and very low-income families under the United States Housing Act of 1937 [ 42 U.S.C. 1437 et seq.]. Notwithstanding the preceding sentence, the maximum income levels established for purposes of this subchapter for such families and persons in the Virgin Islands shall not be less than the highest such levels established for purposes of this subchapter for such families and persons in American Samoa, Guam, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

“rehabilitate” applies throughout its subchapter

the terms “repair”, “repairs”, “rehabilitate”, and “rehabilitation” include measures to evaluate and reduce lead-based paint hazards, as such terms are defined in section 4851b of this title . (b) Definitions (1) For the purpose of this subchapter,

“rehabilitation” applies throughout its subchapter

the terms “repair”, “repairs”, “rehabilitate”, and “rehabilitation” include measures to evaluate and reduce lead-based paint hazards, as such terms are defined in section 4851b of this title . (b) Definitions (1) For the purpose of this subchapter,