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

“repair” 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,

“repairs” 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,

“rural resident” applies throughout its subchapter

the term “rural resident” shall include a family or a person who is a renter of a dwelling unit in a rural area. (8) For the purposes of this subchapter,

“very 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.

“greenfield” applies in that section

The term “greenfield” means a site that has not been developed, including a woodland, farmland, and an open field. (2) Infill site

“infill site” applies in that section

The term “infill site”— (A) means a site that is served by existing infrastructure, including water lines, sewer lines, and roads; and (B) does not include— (i) a site that is served by existing infrastructure that only consists of a road; (ii) a site within a census tract designated as very high or relatively high risk for wildfire, coastal flooding, and riverine flooding under the National Risk Index of the Federal Emergency Management Agency pursuant to section 5136 of this title ; and (iii) a greenfield.

“accessory dwelling unit” applies in that section

the term “accessory dwelling unit” means a single, habitable living unit— (i) with means of separate ingress and egress; (ii) that is usually subordinate in size; (iii) that can be added to, created within, or detached from a primary 1-unit, single-family dwelling; and (iv) in combination with a primary 1-unit, single-family dwelling, constitutes a single interest in real estate.

“community land trust” applies in that section

the term “community land trust” means a community housing development organization as such term is defined in section 12704 of this title (except that the requirements under section 12704(6)(C) of this title and section 12704(6)(D) of this title shall not apply for purposes of this paragraph)— (i) that is not sponsored by a for-profit organization; (ii) that is established to carry out the activities under clause (iii); (iii) that— (I) acquires parcels of land, held in perpetuity, primarily for conveyance under long-term ground leases; (II) transfers ownership of any structural improvements located on such leased parcels to the lessees; and (III) retains a preemptive option to purchase any …

“displaced homemaker” applies in that section

The term “displaced homemaker” means an individual who— (i) is an adult; (ii) has not worked full-time full-year in the labor force for a number of years but has, during such years, worked primarily without remuneration to care for the home and family; and (iii) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.;

“first-time homebuyer” applies in that section

The term “first-time homebuyer” means any individual who (and whose spouse) has had no present ownership in a principal residence during the 3-year period ending on the date of purchase of the property acquired with a guaranteed loan under this subsection except that— (i) any individual who is a displaced homemaker may not be excluded from consideration as a first-time homebuyer under this subparagraph on the basis that the individual, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse; and (ii) any individual who is a single parent may not be excluded from consideration as a first-time homebuyer under this subparagraph on the basis that the …

“local nonprofit organization” applies in that section

The term “local nonprofit organization” means a nonprofit organization that— (I) has a broad based board reflecting various interests in the community or trade area; and (II) is a not-for-profit charitable organization whose principal purposes include developing or managing low income housing or community development projects. (ii) Nonprofit organization .—

“nonprofit organization” applies in that section

The term “nonprofit organization” means any private organization— (I) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (II) that is approved by the Secretary as to financial responsibility; and (III) that does not have among its officers or directorate persons or parties with a material interest (or persons or parties related to any person or party with such an interest) in loans financed under section 1485 of this title that have been prepaid. (J) Regulations .— Notwithstanding section 1490n of this title , the Secretary shall issue final regulations to carry out this paragraph not later than 60 days after February 5, 1988 .

“single parent” applies in that section

The term “single parent” means an individual who— (i) is unmarried or legally separated from a spouse; and (ii) (I) has 1 or more minor children for whom the individual has custody or joint custody; or (II) is pregnant.;

“State” applies in that section

The term “State” means the States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, and any other possession of the United States. (17) 3 Guarantees for refinancing loans (A) In general Upon the request of the borrower, the Secretary shall, to the extent provided in appropriation Acts and subject to subparagraph (F), guarantee a loan that is made to refinance an existing loan that is made under this section or guaranteed under this subsection, and that the Secretary determines complies with the requirements of this paragraph.

“colonia” applies in that section

the term “colonia” means any identifiable community that— (A) is in the State of Arizona, California, New Mexico, or Texas; (B) is in the area of the United States within 150 miles of the border between the United States and Mexico, except that the term does not include any standard metropolitan statistical area that has a population exceeding 1,000,000; (C) is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and (D) was in existence as a colonia before November 28, 1990 .

“poverty level” applies in that section

the term “poverty level” has the meaning given the term in section 5302(a)(9) of this title . (2) Preferences In selecting projects to receive assistance with amounts set aside under paragraph (4), the Secretary shall give preference to any project located in a county or community that has, at the time of designation and as determined by the Secretary— (A) 28 percent or more of its population at or below poverty level; and (B) 13 percent or more of its population residing in substandard housing. In designating underserved areas under paragraph (1), in each fiscal year the Secretary shall designate not less than 5 counties or communities that contain tribal allotted or Indian trust land.

“domestic farm labor” applies in that section

the term “domestic farm labor” means any person (and the family of such person) who receives a substantial portion of his or her income from primary production of agricultural or aquacultural commodities, the handling of agricultural or aquacultural commodities in the unprocessed stage, or the processing of agricultural or aquacultural commodities, without respect to the source of employment, except that— (A) such person shall be a citizen of the United States, or a person legally admitted for permanent residence, or a person legally admitted to the United States and authorized to work in agriculture; (B) such term includes any person (and the family of such person) who is retired or …

“housing” applies in that section

the term “housing” means (A) new structures (including household furnishings) suitable for dwelling use by domestic farm labor, and (B) existing structures (including household furnishings) which can be made suitable for dwelling use by domestic farm labor by rehabilitation, alteration, conversion, or improvement;

“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.

“related facilities” applies in that section

the term “related facilities” means (A) new structures (including household furnishings) suitable for use as dining halls, community rooms or buildings, or infirmaries, or for other essential services facilities, and (B) existing structures (including household furnishings) which can be made suitable for the above uses by rehabilitation, alteration, conversion, or improvement and (C) land necessary for an adequate site; and;

“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

“congregate housing” applies in that section

the term “congregate housing” means housing in which (A) some of the units may not have kitchen facilities, and (B) there is a central dining facility to provide wholesome and economic meals for elderly or handicapped persons or families.;

“development cost” applies in that section

the term “development cost” means the costs of constructing, purchasing, improving, altering, or repairing new or existing housing and related facilities and purchasing and improving the necessary land, including necessary and appropriate fees and charges, initial operating expenses up to 2 per centum of the aforementioned costs, approved by the Secretary, impact fees, local charges for installation, provision, or use of infrastructure, and local assessments for public improvements and services imposed by State and local governments.

“frail elderly” applies in that section

the term “frail elderly” has the meaning given the term in section 8011(k) of this title . (z) Accounting and recordkeeping requirements (1) Accounting standards The Secretary shall require that borrowers in programs authorized by this section maintain accounting records in accordance with generally accepted accounting principles for all projects that receive funds from loans made or guaranteed by the Secretary under this section.

“housing” applies in that section

the term “housing” means new or existing housing suitable for dwelling use by occupants eligible under this section, and such term also means manufactured home rental parks where either the lots or both the lots and the homes are available for use by occupants eligible under this section; and such term also means congregate housing facilities for elderly or handicapped persons or families who require some supervision and central services but are otherwise able to care for themselves; such housing for the handicapped may be utilized in conjunction with educational and training facilities;

“person” applies in that section

the term “person” means— (i) any individual or entity that borrows funds in accordance with programs authorized by this section; (ii) any individual or entity holding 25 percent or more interest of any entity that borrows funds in accordance with programs authorized by this section; and (iii) any officer, director, or partner of an entity that borrows funds in accordance with programs authorized by this section.

“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.

“related facilities” applies in that section

the term “related facilities” includes cafeterias or dining halls, community rooms or buildings, appropriate recreation facilities, and other essential service facilities;

“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 .—

“applicant” applies in that section

The term “applicant” means a State, political subdivision thereof, Indian tribe, any private nonprofit organization incorporated within the State that has applied for a grant under this subsection.;

“domestic farm labor” applies in that section

the term “domestic farm labor” has the meaning given such term in section 1484(f)(3) of this title ;

“homeless individual” applies in that section

The term “homeless individual” has the same meaning given the term under section 11302 of this title .;

“low-rent housing” applies in that section

the term “low-rent housing” means rental housing within the financial reach of families of low income consisting of (A) new structures (including household furnishings) suitable for dwelling use by domestic farm labor, and (B) existing structures (including household furnishings) which can be made suitable for dwelling use by domestic farm labor by rehabilitation, alteration, conversion, or improvement; (2) the terms “related facilities” and “domestic farm labor” shall have the meaning assigned to them in section 1484(f) of this title ; (3) the term “development cost” shall have the meaning assigned to it in section 1485(d)(4) 1 of this title;

“migrant farmworker” applies in that section

The term “migrant farmworker”— (i) means any person (and the family of such person) who (I) receives a substantial portion of his or her income from primary production of agricultural or aquacultural commodities, the handling of such commodities in the unprocessed stage, or the processing of such commodities, without respect to the source of employment, and (II) establishes residence in a location on a seasonal or temporary basis, in an attempt to receive an income as described in subclause (I); and (ii) includes any person (and the family of such person) who is retired or disabled, but who met the requirements of clause (i) at the time of retirement or becoming disabled.;

“operating costs” applies in that section

The term “operating costs” means expenses incurred by a recipient providing housing under this subsection with respect to the administration, maintenance, repair, and security of such housing and utilities, fuel, furnishings, and equipment for such housing.

“qualifying smoke alarm” applies in that section

the term “qualifying smoke alarm” means a smoke alarm that— (A) in the case of a dwelling unit built before December 29, 2022 , and not substantially rehabilitated after December 29, 2022 — (i) (I) is hardwired; or (II) 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 (B) in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022 , is hardwired.

“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 ; and;

“migrant farmworker” applies in that section

The term “migrant farmworker” has the same meaning given such term in section 1486(k)(7) of this title .;

“operating cost” applies in that section

The term “operating cost” means expenses incurred in operating a project, including expenses for— (I) administration, maintenance, repair, and security of the project; (II) utilities, fuel, furnishings, and equipment for the project; and (III) maintaining adequate reserve funds for the project.

“related facilities” applies in that section

the term “related facilities” shall include any necessary community rooms or buildings, infirmaries, utilities, access roads, water and sewer services, and the minimum fixed or movable equipment determined by the Secretary to be necessary to make the housing reasonably habitable by trainees and their families; and;

“trainee” applies in that section

the term “trainee” means any person receiving training under any federally assisted training program. (j) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section.

“construction” applies in that section

the term “construction” includes the erection of new dwellings, and the rehabilitation, alteration, conversion, or improvement of existing structures. (e) Establishment of appropriate criteria and procedures for determining eligibility of applicants The Secretary is authorized to establish appropriate criteria and procedures in order to determine the eligibility of applicants for the financial assistance provided under this section, including criteria and procedures with respect to the periodic review of any construction carried out with such financial assistance. (f) Repealed. Pub. L. 102–550, title VII, § 710(2) , Oct. 28, 1992 , 106 Stat.

“condominium” applies in that section

the term “condominium” means a multi-unit housing project which is subject to a plan of family unit ownership acceptable to the Secretary under which each dwelling unit is individually owned and each such owner holds an undivided interest in the common areas and facilities which serve the project.

“assistance” applies in that section

the term “assistance” means any housing grant, loan, guarantee, insurance, rebate, subsidy, tax credit benefit, or other form of direct or indirect assistance, for the original construction or development of the project. (i) Report by Secretary The Secretary shall submit to the Congress, not later than 180 days following December 15, 1989 , a report describing actions taken to carry out this section, including actions to inform and educate officers and employees of the Department of Agriculture regarding the provisions of this section.

“development cost” applies in that section

The term “development cost” has the meaning given the term in section 1485(e) of this title .;

“eligible lender” applies in that section

The term “eligible lender” means a lender determined by the Secretary to meet the requirements of subparagraph (A), (B), (C), or (D) of subsection (e)(1).;

“housing” applies in that section

The terms “housing” and “related facilities” have the meanings given such terms in section 1485(e) of this title . (4) Indian tribe .—

“Indian tribe” applies in that section

The term “Indian tribe” means— (A) any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation, as defined by or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C.

“related facilities” applies in that section

The terms “housing” and “related facilities” have the meanings given such terms in section 1485(e) of this title . (4) Indian tribe .—

“Federal agency” applies in that section

the term “Federal agency” means any executive department or office (including the President), independent establishment, commission, board, bureau, division, or office in the executive branch of the United States Government, or other agency of the United States, including corporations in which the United States owns all or a majority of the stock, directly or indirectly.

“persons engaged in national-defense activities” applies in that section

the term “persons engaged in national-defense activities” shall include (1) enlisted men in the naval or military services of the United States; (2) employees of the United States in the Departments of the Navy, Army, and Air Force assigned to duty at naval or military reservations, posts, or bases; (3) workers engaged or to be engaged in industries connected with and essential to the national defense; (4) officers of the Army, Air Force, and Marine Corps not above the grade of captain, and officers of the Navy and Coast Guard, not above the grade of lieutenant, senior grade, assigned to duty at naval or military reservations, posts, or bases, or to duty at defense industries: Provided , …

“local municipalities” applies in that section

the term “local municipalities” shall include the District of Columbia.

“State” applies in that section

the term “State” shall include the District of Columbia.

“State” applies in that section

the term “State” shall include the District of Columbia.

“veteran” applies in that section

the term “veteran” shall include a veteran, a serviceman, or the family of a veteran or a serviceman, or the family of a deceased veteran or serviceman whose death has been determined by the Secretary of Veterans Affairs to be service-connected. (c) Preference in sales of projects In the case of any housing project required by this section to be disposed of, which is not offered for separate sale of separate dwelling structures designed for occupancy by not more than four families, such project may be sold as a whole or in such portions as the Secretary of Housing and Urban Development may determine.

“going Federal rate of interest” applies throughout its subchapter

The term “going Federal rate of interest” means “going Federal rate” as that term is defined in the United States Housing Act of 1937 [ 42 U.S.C. 1437 et seq.]. (g) The term “United States Housing Act of 1937” [ 42 U.S.C. 1437 et seq.] means the provisions of that Act, including all amendments thereto, now or hereafter adopted, except provisions relating to the initial construction of a project or dwelling units.

“governing body of the municipality or county” applies throughout its subchapter

The term “governing body of the municipality or county” means the governing body of the city, village, or other municipality having general governmental authority over the area in which the housing involved is located or, if the housing is not located in such a municipality, the term means the governing body of the county or parish in which the housing is located, or if the housing is located in the District of Columbia the term means the Council of the District of Columbia.;

“housing” applies throughout its subchapter

The term “housing” means any housing under the jurisdiction of the Secretary of Housing and Urban Development (including trailers and other mobile or portable housing) constructed, acquired, or made available under subchapters II to VII of this chapter or Public Law 781, Seventy-sixth Congress, approved September 9, 1940 , or Public Laws 9, 73, or 353, Seventy-seventh Congress, approved, respectively, March 1, 1941 , May 24, 1941 , and December 17, 1941 , or any other law, and includes in addition to dwellings any structures, appurtenances, and other property, real or personal, acquired for or held in connection therewith.;

“serviceman” applies throughout its subchapter

The terms “veteran” and “serviceman” mean “veteran” and “serviceman” as those terms are defined in the United States Housing Act of 1937 [ 42 U.S.C. 1437 et seq.].;

“State” applies throughout its subchapter

The term “State” means any State, Territory, dependency, or possession of the United States, or the District of Columbia.;

“temporary housing” applies throughout its subchapter

The term “temporary housing” means any housing (as defined in (b)) which the Secretary of Housing and Urban Development has determined to be “of a temporary character” pursuant to subchapters II to VII of this chapter and shall also include any such housing after rights thereto have been relinquished or transferred under this subchapter or section 1575 of this title .;

“veteran” applies throughout its subchapter

The terms “veteran” and “serviceman” mean “veteran” and “serviceman” as those terms are defined in the United States Housing Act of 1937 [ 42 U.S.C. 1437 et seq.].;

“chief executive officer of the appropriate political subdivision” applies in that section

the term “chief executive officer of the appropriate political subdivision” shall mean appropriate principal executive officer or governing body having primary responsibility with respect to the community facility or service involved, but shall not, in any case, mean any public housing authority, or its governing body, or any of its officers, acting in such capacity.

“eligible bidder” applies throughout its subchapter

the term “eligible bidder” means a person, partnership, firm, or corporation determined by the Secretary of Defense after consultation with the Secretary of Housing and Urban Development (1) to be qualified by experience and financial responsibility to construct housing of the type described in subsection (a) of this section, and (2) to have submitted the lowest acceptable bid.

“allies” applies in that section

the term “allies” means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance;

“continental United States” applies in that section

the term “continental United States” means the States and the District of Columbia. (c) Liability as exclusive The liability of an employer, contractor (or any subcontractor or subordinate subcontractor with respect to the contract of such contractor) under this chapter shall be exclusive and in place of all other liability of such employer, contractor, subcontractor, or subordinate contractor to his employees (and their dependents) coming within the purview of this chapter, under the workmen’s compensation law of any State, Territory, or other jurisdiction, irrespective of the place where the contract of hire of any such employee may have been made or entered into.

“contractor” applies in that section

the term “contractor” means any individual, partnership, corporation, or association, and includes any trustee, receiver, assignee, successor, or personal representative thereof, and the rights, obligations, liability, and duties of the employer under such Longshore and Harbor Workers’ Compensation Act [ 33 U.S.C. 901 et seq.] shall be applicable to such contractor.

“public work” applies in that section

the term “public work” means any fixed improvement or any project, whether or not fixed, involving construction, alteration, removal or repair for the public use of the United States or its allies, including but not limited to projects or operations under service contracts and projects in connection with the national defense or with war activities, dredging, harbor improvements, dams, roadways, and housing, as well as preparatory and ancillary work in connection therewith at the site or on the project;

“war activities” applies in that section

the term “war activities” includes activities directly relating to military operations;

“contractor with the United States” applies throughout its subchapter

the term “contractor with the United States” includes any subcontractor or subordinate subcontractor with respect to the contract of such contractor.

“allies” applies throughout its chapter

The term “allies” means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance.;

“continental United States” applies throughout its chapter

term “continental United States” means the States and the District of Columbia.

“hostile force or person” applies throughout its chapter

The term “hostile force or person” means any nation, any subject of a foreign nation, or any other person serving a foreign nation (1) engaged in a war against the United States or any of its allies, (2) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies, or (3) engaged in a war or armed conflict between military forces of any origin in any country in which a person covered by this chapter is serving.;

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Labor.;

“war activities” applies throughout its chapter

The term “war activities” includes activities directly relating to military operations. (f) the 1

“war-risk hazard” applies throughout its chapter

The term “war-risk hazard” means any hazard arising during a war in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war has been declared; or during a war or armed conflict between military forces of any origin, occurring within any country in which a person covered by this chapter is serving; from— (1) the discharge of any missile (including liquids and gas) or the use of any weapon, explosive, or other noxious thing by a hostile force or person or in combating an attack or an imagined attack by a hostile force or person; or (2) action of a hostile force or person, including rebellion or insurrection against the United …

“eligible pulse crop” applies in that section

The term “eligible pulse crop” means dry beans, dry peas, lentils, and chickpeas. (2) Pulse crop product

“pulse crop product” applies in that section

The term “pulse crop product” means a food product derived in whole or in part from an eligible pulse crop. (c) Purchase of pulse crops and pulse crop products In addition to the commodities delivered under section 6 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1755 ), subject to the availability of appropriations, the Secretary shall purchase eligible pulse crops and pulse crop products for use in— (1) the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.); and (2) the school breakfast program established by section 1773 of this title .

“combat pay” applies in that section

the term “combat pay” means any additional payment under chapter 5 of title 37, or otherwise designated by the Secretary to be appropriate for exclusion under this paragraph, that is received by or from a member of the United States Armed Forces deployed to a designated combat zone, if the additional pay— (i) is the result of deployment to or service in a combat zone; and (ii) was not received immediately prior to serving in a combat zone. (B) Exclusion .— Combat pay shall not be considered to be income for the purpose of determining the eligibility for free or reduced price meals of a child who is a member of the household of a member of the United States Armed Forces.

“eligible child” applies in that section

The term “eligible child” means a child— (I) (aa) who is eligible for and receiving medical assistance under the Medicaid program; and (bb) who is a member of a family with an income as measured by the Medicaid program before the application of any expense, block, or other income disregard, that does not exceed 133 percent of the poverty line (as defined in section 9902(2) of this title , including any revision required by such section) applicable to a family of the size used for purposes of determining eligibility for the Medicaid program; or (II) who is a member of a household (as that term is defined in section 245.2 of title 7, Code of Federal Regulations (or successor regulations) 3 …

“eligible local food banks or charitable organizations” applies in that section

the term “eligible local food banks or charitable organizations” means any food bank or charitable organization which is exempt from tax under section 501(c)(3) of title 26 .

“error prone application” applies in that section

The term “error prone application” means an approved household application that— (aa) indicates monthly income that is within $100, or an annual income that is within $1,200, of the income eligibility limitation for free or reduced price meals; or (bb) in lieu of the criteria established under item (aa), meets criteria established by the Secretary. (II) Non-response rate .—

“household application” applies in that section

the term “household application” means an application for a child of a household to receive free or reduced price school lunches under this chapter, or free or reduced price school breakfasts under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.), for which an eligibility determination is made other than under paragraph (4) or (5). (B) Eligibility determination.— (i) In general .— An eligibility determination shall be made on the basis of a complete household application executed by an adult member of the household or in accordance with guidance issued by the Secretary.

“Medicaid program” applies in that section

The term “Medicaid program” means the program of medical assistance established under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.). (B) Demonstration project.— (i) In general .— The Secretary, acting through the Administrator of the Food and Nutrition Service and in cooperation with selected State agencies, shall conduct a demonstration project in selected local educational agencies to determine whether direct certification of eligible children is an effective method of certifying children for free lunches and breakfasts under subsection (b)(1)(A) and section 4(e)(1)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(e)(1)(A) ).

“non-response rate” applies in that section

The term “non-response rate” means (in accordance with guidelines established by the Secretary) the percentage of approved household applications for which verification information has not been obtained by a local educational agency after attempted verification under subparagraphs (F) and (G). (ii) Verification of sample .— Each school year, a local educational agency shall verify eligibility of the children in a sample of household applications approved for the school year by the local educational agency, as determined by the Secretary in accordance with this subsection.

“required percentage” applies in that section

the term “required percentage” means— (I) for the school year beginning July 1, 2011 , 80 percent; (II) for the school year beginning July 1, 2012 , 90 percent; and (III) for the school year beginning July 1, 2013 , and each school year thereafter, 95 percent.

“without further application” applies in that section

the term “without further application” means that no action is required by the household of the child. (ii) Clarification .— A requirement that a household return a letter notifying the household of eligibility for direct certification or eligibility for free school meals does not meet the requirements of clause (i).

“identified students” applies in that section

The term “identified students” means students certified based on documentation of benefit receipt or categorical eligibility as described in section 245.6a(c)(2) of title 7, Code of Federal Regulations (or successor regulations).

“child” applies throughout its chapter

The term “child” includes an individual, regardless of age, who— (i) is determined by a State educational agency, in accordance with regulations prescribed by the Secretary, to have one or more disabilities; and (ii) is attending any institution, as defined in section 1766(a) of this title , or any nonresidential public or nonprofit private school of high school grade or under, for the purpose of participating in a school program established for individuals with disabilities.

“disability” applies throughout its chapter

The term “disability” has the meaning given the term in the Rehabilitation Act of 1973 for purposes of title II of that Act (29 U.S.C 760 et seq.). (4) Local educational agency.— (A) In general .—

“domestic commodity or product” applies in that section

the term “domestic commodity or product” means— (A) an agricultural commodity that is produced in the United States; and (B) a food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. (2) Requirement (A) In general Subject to subparagraph (B), the Secretary shall require that a school food authority purchase, to the maximum extent practicable, domestic commodities or products.

“eligible service provider” applies in that section

the term “eligible service provider” means— (A) a local school food service authority; (B) a service institution or private nonprofit organization described in section 1761 of this title ; or (C) a family or group day care home sponsoring organization described in section 1766 of this title . (m) Procurement training (1) In general Subject to the availability of funds made available under paragraph (4), the Secretary shall provide technical assistance and training to States, State agencies, schools, and school food authorities in the procurement of goods and services for programs under this chapter or the Child Nutrition Act of 1966 ( 42 U.S.C.

“local educational agency” applies throughout its chapter

The term “local educational agency” has the meaning given the term in section 7801 of title 20 . (B) Inclusion .—

“nonprogram food” applies in that section

The term “nonprogram food” means food that is— (i) sold in a participating school other than a reimbursable meal provided under this chapter or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.); and (ii) purchased using funds from the nonprofit school food service account of the school food authority of the school. (B) Inclusion

“paid lunch” applies in that section

the term “paid lunch” means a reimbursable lunch served to students who are not certified to receive free or reduced price meals. (2) Requirement (A) In general For each school year beginning July 1, 2011 , each school food authority shall establish a price for paid lunches in accordance with this subsection.

“children” applies in that section

The term “children” means— (i) individuals who are 18 years of age and under; and (ii) individuals who are older than 18 years of age who are— (I) determined by a State educational agency or a local public educational agency of a State, in accordance with regulations promulgated by the Secretary, to have a disability, and (II) participating in a public or nonprofit private school program established for individuals who have a disability. (C) Program

“private nonprofit organization” applies in that section

the term “private nonprofit organization” means an organization that— (i) exercises full control and authority over the operation of the program at all sites under the sponsorship of the organization; (ii) provides ongoing year-round activities for children or families; (iii) demonstrates that the organization has adequate management and the fiscal capacity to operate a program under this section; (iv) is an organization described in section 501(c) of title 26 and exempt from taxation under 501(a) 1 of that title; and (v) meets applicable State and local health, safety, and sanitation standards.

“program” applies in that section

The term “program” means the summer food service program for children authorized by this section. (D) Service institution

“service institution” applies in that section

The term “service institution” means a public or private nonprofit school food authority, local, municipal, or county government, public or private nonprofit higher education institution participating in the National Youth Sports Program, or residential public or private nonprofit summer camp, that develops special summer or school vacation programs providing food service similar to food service made available to children during the school year under the school lunch program under this chapter or the school breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.). (E) State

“State” applies in that section

The term “State” means— (i) each of the several States of the United States; (ii) the District of Columbia; (iii) the Commonwealth of Puerto Rico; (iv) Guam; (v) American Samoa; (vi) the Commonwealth of the Northern Mariana Islands; and (vii) the United States Virgin Islands. (2) Program authorization (A) In general The Secretary may carry out a program to assist States, through grants-in-aid and other means, to initiate and maintain nonprofit summer food service programs for children in service institutions.

“covered Indian Tribal organization” applies in that section

The term “covered Indian Tribal organization” means an Indian Tribal organization that participates in the special supplemental nutrition program for women, infants, and children established under section 1786 of this title . (2) Eligible child

“eligible child” applies in that section

The term “eligible child” means, with respect to a summer, a child who— (A) was, at the end of the instructional year immediately preceding such summer or during the summer operational period— (i) certified to receive free or reduced price lunch under the school lunch program under this chapter; (ii) certified to receive free or reduced price breakfast under the school breakfast program under section 1773 of this title ; or (iii) able to be directly certified; (B) was, at the end of the instructional year immediately preceding such summer— (i) enrolled in a school described in subparagraph (B), (C), (D), (E), or (F) of section 1759a(a)(1) of this title ; and (ii) (I) an identified student …

“eligible household” applies in that section

The term “eligible household” means a household that includes at least 1 eligible child. (4) Supplemental foods

“supplemental foods” applies in that section

The term “supplemental foods”— (A) means foods— (i) containing nutrients determined by nutritional research to be lacking in the diets of children; and (ii) that promote the health of the population served by the program under this section, as indicated by relevant nutrition science, public health concerns, and cultural eating patterns, as determined by the Secretary; and (B) includes foods not described in subparagraph (A) substituted by State agencies, with the approval of the Secretary, that— (i) provide the nutritional equivalent of foods described in such subparagraph; and (ii) allow for different cultural eating patterns than foods described in such subparagraph.

“eligible school district” applies in that section

the term “eligible school district” has the same meaning given such term in section 1581(a) of the Food Security Act of 1985. (2) In accordance with the terms and conditions of section 1581 of such Act, the Secretary shall permit an eligible school district to continue to receive assistance in the form of cash or commodity letters of credit assistance, in lieu of commodities, to carry out the school lunch program operated in the district.

“adult day care center” applies in that section

the term “adult day care center” means any public agency or private nonprofit organization, or any proprietary title XIX or title XX center, which— (i) is licensed or approved by Federal, State, or local authorities to provide adult day care services to chronically impaired disabled adults or persons 60 years of age or older in a group setting outside their homes, or a group living arrangement, on a less than 24-hour basis; and (ii) provides for such care and services directly or under arrangements made by the agency or organization whereby the agency or organization maintains professional management responsibility for all such services; and;

“at-risk school child” applies in that section

the term “at-risk school child” means a school child who— (A) is not more than 18 years of age, except that the age limitation provided by this subparagraph shall not apply to a child described in section 1760(d)(1)(A) of this title ; and (B) participates in a program authorized under this section operated at a site located in a geographical area served by a school in which at least 50 percent of the children enrolled are certified as eligible to receive free or reduced price school meals under this chapter or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.).

“block claim” applies throughout its chapter

the term “block claim” has the meaning given the term in section 226.2 of title 7, Code of Federal Regulations (or successor regulations). (II) Program edit checks The Secretary may not require any State agency, sponsoring organization, or other institution to perform edit checks or on-site reviews relating to the detection of block claims by any child care facility. (III) Allowance Notwithstanding subclause (II), the Secretary may require any State agency, sponsoring organization, or other institution to collect, store, and transmit to the appropriate entity information necessary to develop any other policy developed under clause (i).

“Dietary Guidelines” applies in that section

the term “Dietary Guidelines” means the Dietary Guidelines for Americans published under section 5341 of title 7 . (2) Nutritional requirements (A) In general Except as provided in subparagraph (C), reimbursable meals and snacks served by institutions, family or group day care homes, and sponsored centers participating in the program under this section shall consist of a combination of foods that meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research.

“emergency shelter” applies in that section

the term “emergency shelter” means— (A) an emergency shelter (as defined in section 11351 of this title ); or (B) a site operated by the shelter. (2) Administration Except as otherwise provided in this subsection, an emergency shelter shall be eligible to participate in the program authorized under this section in accordance with the terms and conditions applicable to eligible institutions described in subsection (a). (3) Licensing requirements The licensing requirements contained in subsection (a)(5) shall not apply to an emergency shelter.

“institution” applies in that section

the term “institution” means— (A) any public or private nonprofit organization providing nonresidential child care or day care outside school hours for school children, including any child care center, settlement house, recreational center, Head Start center, and institution providing child care facilities for children with disabilities; (B) any other private organization providing nonresidential child care or day care outside school hours for school children, if— (i) at least 25 percent of the children served by the organization meet the income eligibility criteria established under section 1758(b) of this title for free or reduced price meals; or (ii) the organization receives …

“proprietary title XIX or title XX center” applies in that section

the term “proprietary title XIX or title XX center” means any private, for-profit center providing adult day care services for which it receives compensation from amounts granted to the States under title XIX or XX of the Social Security Act [ 42 U.S.C. 1396 et seq., 1397 et seq.] and which title XIX or title XX beneficiaries were not less than 25 percent of enrolled eligible participants in a calendar month preceding initial application or annual reapplication for program participation.

“tier I family or group day care home” applies in that section

the term “tier I family or group day care home” means— (aa) a family or group day care home that is located in a geographic area, as defined by the Secretary based on census data, in which at least 50 percent of the children residing in the area are members of households whose incomes meet the income eligibility guidelines for free or reduced price meals under section 1758 of this title ; (bb) a family or group day care home that is located in an area served by a school enrolling students in which at least 50 percent of the total number of children enrolled are certified eligible to receive free or reduced price school meals under this chapter or the Child Nutrition Act of 1966 ( 42 U.S.C.

“eligible elementary and secondary schools” applies in that section

the term “eligible elementary and secondary schools” means schools that— (A) operate school lunch programs under this chapter; (B) sponsor afterschool care programs; and (C) operate afterschool programs with an educational or enrichment purpose. (b) Eligible children Reimbursement may be provided under this section only for supplements served to school children who are not more than 18 years of age, except that the age limitation provided by this subsection shall not apply to a child described in section 1760(d)(1)(A) of this title .

“eligible program” applies in that section

The term “eligible program” means— (I) a school-based program with hands-on vegetable gardening and nutrition education that is incorporated into the curriculum for 1 or more grades at 2 or more eligible schools; or (II) a community-based summer program with hands-on vegetable gardening and nutrition education that is part of, or coordinated with, a summer enrichment program at 2 or more eligible schools. (ii) Eligible school

“eligible school” applies in that section

the term “eligible school” means a school or institution that participates in a program under this chapter or the school breakfast program established under section 1773 of this title . (2) Program The Secretary shall carry out a program to assist eligible schools, State and local agencies, Indian tribal organizations, agricultural producers or groups of agricultural producers, and nonprofit entities through grants and technical assistance to implement farm to school programs that improve access to local foods in eligible schools.

“selected local educational agency” applies in that section

the term “selected local educational agency” means a local educational agency that has a demonstrated high level of, or a high risk for, administrative error, as determined by the Secretary. (B) Additional administrative review In addition to any review required by subsection (a) or paragraph (1), each State educational agency shall conduct an administrative review of each selected local educational agency during the review cycle established under subsection (a).

“child” applies in that section

The term “child” means a person under the age of 18. (B) Supplemental nutrition assistance program

“supplemental nutrition assistance program” applies in that section

The term “supplemental nutrition assistance program” means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.). (2) Purpose Under such terms and conditions as are established by the Secretary, the Secretary shall carry out demonstration projects that test innovative strategies to end childhood hunger, including alternative models for service delivery and benefit levels that promote the reduction or elimination of childhood hunger and food insecurity.

“child” applies in that section

The term “child” means a person under the age of 18. (2) Supplemental nutrition assistance program

“supplemental nutrition assistance program” applies in that section

The term “supplemental nutrition assistance program” means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.). (b) Purpose Under such terms and conditions as are established by the Secretary, funds made available under this section may be used to competitively award grants to or enter into cooperative agreements with Governors to carry out comprehensive and innovative strategies to end childhood hunger, including alternative models for service delivery and benefit levels that promote the reduction or elimination of childhood hunger by 2015.

“child nutrition program” applies in that section

The term “child nutrition program” means— (A) the school lunch program established under this chapter; (B) the summer food service program for children established under section 1761 of this title ; (C) the child and adult care food program established under section 1766 of this title ; (D) the special milk program established under section 1772 of this title ; (E) the school breakfast program established under section 1773 of this title ; and (F) the special supplemental nutrition program for women, infants, and children authorized under section 1786 of this title . (2) Contractor

“contractor” applies in that section

The term “contractor” means a person that contracts with a State, an agency of a State, or a local agency to provide goods or services in relation to the participation of a local agency in a child nutrition program. (3) Local agency

“local agency” applies in that section

The term “local agency” means a school, school food authority, child care center, sponsoring organization, or other entity authorized to operate a child nutrition program at the local level. (4) Nonprocurement debarment

“nonprocurement debarment” applies in that section

The term “nonprocurement debarment” means an action to bar a person from programs and activities involving Federal financial and nonfinancial assistance, but not including Federal procurement programs and activities. (5) Person

“person” applies in that section

The term “person” means any individual, corporation, partnership, association, cooperative, or other legal entity, however organized. (c) Assistance to identify and prevent fraud and anticompetitive activities The Secretary shall— (1) in cooperation with any other appropriate individual, organization, or agency, provide advice, training, technical assistance, and guidance (which may include awareness training, training films, and troubleshooting advice) to representatives of States and local agencies regarding means of identifying and preventing fraud and anticompetitive activities relating to the provision of goods or services in conjunction with the participation of a local agency in a …

“commodity only schools” applies in that section

the term “commodity only schools” means schools that do not participate in the school lunch program under the Richard B. Russell National School Lunch Act [ 42 U.S.C. 1751 et seq.], but which receive commodities made available by the Secretary for use by such schools in nonprofit lunch programs.

“disability” applies throughout its chapter

The term “disability” has the meaning given the term in the Rehabilitation Act of 1973 for purposes of title II of that Act (29 U.S.C 760 et seq.).

“acceptable measures” applies in that section

the term “acceptable measures” includes use of cost containment measures, curtailment of vendor abuse, and breastfeeding promotion activities. (D) Remote indian or native villages .— For noncontiguous States containing a significant number of remote Indian or Native villages, a State agency may convert amounts allocated for food benefits for a fiscal year to the costs of nutrition services and administration to the extent that the conversion is necessary to cover expenditures incurred in providing services (including the full cost of air transportation and other transportation) to remote Indian or Native villages and to provide breastfeeding support in remote Indian or Native villages.

“community health center” applies in that section

The term “community health center” has the meaning given the term in section 254c(a) 2 of this title.;

“cost containment measure” applies in that section

the term “cost containment measure” means a competitive bidding, rebate, direct distribution, or home delivery system implemented by a State agency as described in the approved State plan of operation and administration of the State agency.

“coupon” applies in that section

The term “coupon” means a coupon, voucher, or other negotiable financial instrument by which benefits under this section are transferred.;

“electronic benefit transfer” applies in that section

The term “electronic benefit transfer” means a food delivery system that provides benefits using a card or other access device approved by the Secretary that permits electronic access to program benefits. (ii) Program .—

“emergency period” applies in that section

The term “emergency period” means a period during which there exists— (i) a public health emergency declared by the Secretary of Health and Human Services under section 247d of this title ; (ii) any renewal of such a public health emergency pursuant to such section 247d; (iii) a presidentially declared major disaster as defined under section 5122 of this title ; or (iv) a presidentially declared emergency as defined under section 5122 of this title . (B) Qualified administrative requirement

“migrant health center” applies in that section

The term “migrant health center” has the meaning given the term in section 254b(a)(1) 2 of this title. (k) National Advisory Council on Maternal, Infant, and Fetal Nutrition; establishment; membership; term; officers; meetings; quorum; technical assistance by Secretary (1) There is hereby established a National Advisory Council on Maternal, Infant, and Fetal Nutrition (referred to in this subsection as the “Council”) composed of 24 members appointed by the Secretary.

“nutrition education” applies in that section

The term “nutrition education” means individual and group sessions and the provision of material that are designed to improve health status and achieve positive change in dietary and physical activity habits, and that emphasize the relationship between nutrition, physical activity, and health, all in keeping with the personal and cultural preferences of the individual.

“primary contract infant formula” applies in that section

The term “primary contract infant formula” means the specific infant formula for which manufacturers submit a bid to a State agency in response to a rebate solicitation under this section and for which a contract is awarded by the State agency as a result of that bid. (23) State alliance .—

“program” applies in that section

The term “program” means the special supplemental nutrition program established by this section. (B) Requirements.— (i) In general .— Not later than October 1, 2020 , each State agency shall be required to implement electronic benefit transfer systems throughout the State, unless the Secretary grants an exemption under subparagraph (C) for a State agency that is facing unusual barriers to implement an electronic benefit transfer system. (ii) Responsibility .— The State agency shall be responsible for the coordination and management of the electronic benefit transfer system of the agency.

“qualified administrative requirement” applies in that section

The term “qualified administrative requirement” means a requirement under this section or a regulatory requirement issued pursuant to this section. (s) Supply chain disruptions (1) In general Notwithstanding any other provision of law, during a supply chain disruption, including a supplemental food product recall, the Secretary may modify or waive any qualified administrative requirement for one or more State agencies if— (A) the qualified administrative requirement cannot be met by State agencies during any portion of the supply chain disruption, including a supplemental food product recall, under the conditions which prompted such disruption or recall; and (B) the modification or waiver …

“recipient” applies in that section

The term “recipient” means a person or household, as determined by the State, who is chosen by a State to receive benefits under this subsection, or who is on a waiting list to receive such benefits.;

“remote Indian or Native village” applies in that section

The term “remote Indian or Native village” means an Indian or Native village that— (A) is located in a rural area; (B) has a population of less than 5,000 inhabitants; and (C) is not accessible year-around by means of a public road (as defined in section 101 of title 23 ). (22) Primary contract infant formula .—

“State agency” applies in that section

The term “State agency” has the meaning provided in subsection (b)(13), except that the term also includes the agriculture department of each State and any other agency approved by the chief executive officer of the State. (n) Disqualification of vendors who are disqualified under supplemental nutrition assistance program (1) In general The Secretary shall issue regulations providing criteria for the disqualification under this section of an approved vendor that is disqualified from accepting benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.).

“State alliance” applies in that section

The term “State alliance” means 2 or more State agencies that join together for the purpose of procuring infant formula under the program by soliciting competitive bids for infant formula. (24) Supply chain disruption .—

“supply chain disruption” applies in that section

The term “supply chain disruption” means a shortage of supplemental foods that impedes the redemption of food instruments, as determined by the Secretary. (c) Grants-in-aid; cash grants; ratable reduction of amount an agency may distribute; affirmative action; regulations relating to dual receipt of benefits under commodity supplemental food program (1) The Secretary may carry out a special supplemental nutrition program to assist State agencies through grants-in-aid and other means to provide, through local agencies, at no cost, supplemental foods, nutrition education, and breastfeeding support and promotion to low-income pregnant, postpartum, and breastfeeding women, infants, and children …

“team nutrition network” applies in that section

the term “team nutrition network” means a statewide multidisciplinary program for children to promote healthy eating and physical activity based on scientifically valid information and sound educational, social, and marketing principles.

“apparently fit grocery product” applies in that section

The term “apparently fit grocery product” means a grocery product that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. (2) Apparently wholesome food

“apparently wholesome food” applies in that section

The term “apparently wholesome food” means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. (3) Donate

“donate” applies in that section

The term “donate” means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value or is charged a good Samaritan reduced price. (4) Food

“food” applies in that section

The term “food” means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption. (5) Gleaner

“gleaner” applies in that section

The term “gleaner” means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner. (6) Good Samaritan reduced price