r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“Tribal college” applies in that section
The term “Tribal college” has the meaning given the term “tribally controlled college or university” in section 1801(a) of title 25 . (b) Partnership program The Commission may establish and participate in activities relating to research, mentoring, instruction, and training with institutions of higher education, including Hispanic-serving institutions, historically Black colleges or universities, and Tribal colleges, to strengthen the capacity of the institutions— (1) to educate and train students (including present or potential employees of the Commission); and (2) to conduct research in the field of science, engineering, or law, or any other field that the Commission determines is …
“agreement” applies in that section
the term “agreement” includes any amendment to any agreement. (o) State compliance requirements: compliance with section 2113(b) of this title and health and environmental protection standards; procedures for licenses, rulemaking, and license impact analysis; amendment of agreements for transfer of State collected funds; proceedings duplication restriction; alternative requirements In the licensing and regulation of byproduct material, as defined in section 2014(e)(2) of this title , or of any activity which results in the production of byproduct material as so defined under an agreement entered into pursuant to subsection (b), a State shall require— (1) compliance with the requirements of …
“State” applies in that section
the term “State” means any State, Territory, or possession of the United States, the Canal Zone, Puerto Rico, and the District of Columbia. As used in this section,
“agreement State” applies in that section
The term “agreement State” means a State that— (A) has entered into an agreement with the Nuclear Regulatory Commission under section 2021 of this title ; and (B) has authority to regulate the disposal of low-level radioactive waste under such agreement. (2) Allocation
“allocation” applies in that section
The term “allocation” means the assignment of a specific amount of low-level radioactive waste disposal capacity to a commercial nuclear power reactor for which access is required to be provided by sited States subject to the conditions specified under sections 2021b to 2021j of this title. (3) Commercial nuclear power reactor
“commercial nuclear power reactor” applies in that section
The term “commercial nuclear power reactor” means any unit of a civilian light-water moderated utilization facility required to be licensed under section 2133 or 2134(b) of this title. (4) Compact
“compact” applies in that section
The term “compact” means a compact entered into by two or more States pursuant to sections 2021b to 2021j of this title. (5) Compact commission
“compact commission” applies in that section
The term “compact commission” means the regional commission, committee, or board established in a compact to administer such compact. (6) Compact region
“compact region” applies in that section
The term “compact region” means the area consisting of all States that are members of a compact. (7) Disposal
“disposal” applies in that section
The term “disposal” means the permanent isolation of low-level radioactive waste pursuant to the requirements established by the Nuclear Regulatory Commission under applicable laws, or by an agreement State if such isolation occurs in such agreement State. (8) Generate The term “generate”, when used in relation to low-level radioactive waste, means to produce low-level radioactive waste. (9) Low-level radioactive waste (A) In general
“low-level radioactive waste” applies in that section
The term “low-level radioactive waste” means radioactive material that— (i) is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in section 2014(e)(2) of this title ); and (ii) the Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste. (B) Exclusion The term “low-level radioactive waste” does not include byproduct material (as defined in paragraphs (3) and (4) of section 2014(e) of this title ). (10) Non-sited compact region
“non-sited compact region” applies in that section
The term “non-sited compact region” means any compact region that is not a sited compact region. (11) Regional disposal facility
“regional disposal facility” applies in that section
The term “regional disposal facility” means a non-Federal low-level radioactive waste disposal facility in operation on January 1, 1985 , or subsequently established and operated under a compact. (12) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Energy. (13) Sited compact region
“sited compact region” applies in that section
The term “sited compact region” means a compact region in which there is located one of the regional disposal facilities at Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada. (14) State
“State” applies in that section
The term “State” means any State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
“low-level radioactive waste” applies in that section
The term “low-level radioactive waste” means radioactive material classified by the Nuclear Regulatory Commission as low-level radioactive waste on October 24, 1992 .;
“off-site incineration” applies in that section
The term “off-site incineration” means any incineration of radioactive materials at a facility that is located off the site where such materials were generated.;
“State” applies in that section
The term “State” means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
“private facilities or laboratories” applies in that section
the term “private facilities or laboratories” means facilities or laboratories located in the United States. Where the Commission finds private facilities or laboratories are inadequate for the purpose, it is authorized to conduct for other persons, through its own facilities, such of those activities and studies of the types specified in section 2051 of this title as it deems appropriate to the development of energy.
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (A) the congressional defense committees; (B) the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (C) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Covered foreign country
“covered foreign country” applies in that section
The term “covered foreign country” means a foreign country that is a nuclear-weapon state, as defined by Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow July 1, 1968 , but does not include the United States, the United Kingdom, or France.
“sensitive items” applies in that section
the term “sensitive items” means goods, services, and technologies described in section 2(a) of the Iran, North Korea, and Syria Nonproliferation Act ( Public Law 106–178 ; 50 U.S.C. 1701 note). (i) Combination of reports The Secretary of Energy may submit the annual reports required by subsections (a), (d), and (e) as a single annual report, including by providing portions of the information so required as an annex to the single annual report. (j) Definitions In this section: (1) Appropriate congressional committees
“alternative medical isotope production target” applies in that section
the term “alternative medical isotope production target” means a nuclear reactor target which is enriched to less than 20 percent of the isotope U–235; (2) a target “can be used” in a nuclear research or test reactor if— (A) the target has been qualified by the Reduced Enrichment Research and Test Reactor Program of the Department of Energy; and (B) use of the target will permit the large majority of ongoing and planned experiments and medical isotope production to be conducted in the reactor without a large percentage increase in the total cost of operating the reactor;
“highly enriched uranium” applies in that section
the term “highly enriched uranium” means uranium enriched to 20 percent or more in the isotope U–235; and;
“medical isotope” applies in that section
the term “medical isotope” includes molybdenum-99, iodine-131, xenon-133, and other radioactive materials used to produce a radiopharmaceutical for diagnostic or therapeutic procedures or for research and development.
“major critical component” applies in that section
the term “major critical component” means any component part or group of component parts which the President determines to be essential to the operation of a complete uranium enrichment, nuclear fuel reprocessing, or heavy water production facility.
“joint resolution” applies in that section
the term “joint resolution” means— (A) for an agreement for cooperation pursuant to section 2153 of this title , a joint resolution, the matter after the resolving clause of which is as follows: “That the Congress (does or does not) favor the proposed agreement for cooperation transmitted to the Congress by the President on _____ .”, (B) for a determination under section 2158 of this title , a joint resolution, the matter after the resolving clause of which is as follows: “That the Congress does not favor the determination transmitted to the Congress by the President on _____ .”, or (C) for a subsequent arrangement under section 201 of the United States-India Nuclear Cooperation Approval …
“resolution” applies in that section
the term “resolution” means a concurrent resolution of the Congress, the matter after the resolving clause of which is as follows: “That the Congress (does or does not) favor the transmitted to the Congress by the President on , .”, the blank spaces therein to be appropriately filled, and the affirmative or negative phrase within the parenthetical to be appropriately selected.
“foreign spent nuclear fuel” applies in that section
the term “foreign spent nuclear fuel” shall include any nuclear fuel irradiated in any nuclear power reactor located outside of the United States and operated by any foreign legal entity, government or nongovernment, regardless of the legal ownership or other control of the fuel or reactor and regardless of the origin or licensing of the fuel or reactor, but not including fuel irradiated in a research reactor.
“subsequent arrangements” applies in that section
the term “subsequent arrangements” means arrangements entered into by any agency or department of the United States Government with respect to cooperation with any nation or group of nations (but not purely private or domestic arrangements) involving— (A) contracts for the furnishing of nuclear materials and equipment; (B) approvals for the transfer, for which prior approval is required under an agreement for cooperation, by a recipient of any source or special nuclear material, production or utilization facility, or nuclear technology; (C) authorization for the distribution of nuclear materials and equipment pursuant to this chapter which is not subject to the procedures set forth in …
“alternative nuclear reactor fuel or target” applies in that section
the term “alternative nuclear reactor fuel or target” means a nuclear reactor fuel or target which is enriched to less than 20 percent in the isotope U–235;
“highly enriched uranium” applies in that section
The term “highly enriched uranium” means uranium enriched to include concentration of U–235 above 20 percent. (B) Medical isotope
“medical isotope” applies in that section
The term “medical isotope” includes Molybdenum 99, Iodine 131, Xenon 133, and other radioactive materials used to produce a radiopharmaceutical for diagnostic, therapeutic procedures or for research and development. (C) Radiopharmaceutical
“radiopharmaceutical” applies in that section
The term “radiopharmaceutical” means a radioactive isotope that— (i) contains byproduct material combined with chemical or biological material; and (ii) is designed to accumulate temporarily in a part of the body for therapeutic purposes or for enabling the production of a useful image for use in a diagnosis of a medical condition. (D) Recipient country
“recipient country” applies in that section
The term “recipient country” means Canada, Belgium, France, Germany, and the Netherlands. (2) Licenses The Commission may issue a license authorizing the export (including shipment to and use at intermediate and ultimate consignees specified in the license) to a recipient country of highly enriched uranium for medical isotope production if, in addition to any other requirements of this chapter (except subsection (a)), the Commission determines that— (A) a recipient country that supplies an assurance letter to the United States Government in connection with the consideration by the Commission of the export license application has informed the United States Government that any intermediate …
“agreement” applies in that section
The term “agreement” means an agreement related to the nuclear program of Iran that includes the United States, commits the United States to take action, or pursuant to which the United States commits or otherwise agrees to take action, regardless of the form it takes, whether a political commitment or otherwise, and regardless of whether it is legally binding or not, including any joint comprehensive plan of action entered into or made between Iran and any other parties, and any additional materials related thereto, including annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings, and any related agreements, …
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate and the Committee on Ways and Means, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives. (3) Appropriate congressional committees and leadership
“appropriate congressional committees and leadership” applies in that section
The term “appropriate congressional committees and leadership” means the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations, and the Majority and Minority Leaders of the Senate and the Committee on Ways and Means, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs, and the Speaker, Majority Leader, and Minority Leader of the House of Representatives. (4) Iranian financial institution
“EU-Iran Joint Statement” applies in that section
The term “EU-Iran Joint Statement” means only the Joint Statement by EU High Representative Federica Mogherini and Iranian Foreign Minister Javad Zarif made on April 2, 2015 , at Lausanne, Switzerland. (7) Material breach
“Iranian financial institution” applies in that section
The term “Iranian financial institution” has the meaning given the term in section 8513b(d) of title 22 . (5) Joint Plan of Action
“Joint Plan of Action” applies in that section
The term “Joint Plan of Action” means the Joint Plan of Action, signed at Geneva November 24, 2013 , by Iran and by France, Germany, the Russian Federation, the People’s Republic of China, the United Kingdom, and the United States, and all implementing materials and agreements related to the Joint Plan of Action, including the technical understandings reached on January 12, 2014 , the extension thereto agreed to on July 18, 2014 , the extension agreed to on November 24, 2014 , and any materially identical extension that is agreed to on or after May 22, 2015 . (6) EU-Iran Joint Statement
“material breach” applies in that section
The term “material breach” means, with respect to an agreement described in subsection (a), any breach of the agreement, or in the case of non-binding commitments, any failure to perform those commitments, that substantially— (A) benefits Iran’s nuclear program; (B) decreases the amount of time required by Iran to achieve a nuclear weapon; or (C) deviates from or undermines the purposes of such agreement. (8) Noncompliance defined
“noncompliance” applies in that section
The term “noncompliance” means any departure from the terms of an agreement described in subsection (a) that is not a material breach. (9) P5+1 countries
“P5+1 countries” applies in that section
The term “P5+1 countries” means the United States, France, the Russian Federation, the People’s Republic of China, the United Kingdom, and Germany. (10) United States person
“qualifying legislation” applies in that section
the term “qualifying legislation” means only a bill of either House of Congress— (A) the title of which is as follows: “A bill reinstating statutory sanctions imposed with respect to Iran.”; and (B) the matter after the enacting clause of which is: “Any statutory sanctions imposed with respect to Iran pursuant to ______ that were waived, suspended, reduced, or otherwise relieved pursuant to an agreement submitted pursuant to section 135(a) of the Atomic Energy Act of 1954 are hereby reinstated and any action by the United States Government to facilitate the release of funds or assets to Iran pursuant to such agreement, or provide any further waiver, suspension, reduction, or other relief …
“submit” applies in that section
the terms “submit” and “submits” mean submit and submits, respectively, to the Speaker of the House of Representatives. (2) Qualifying legislation defined For purposes of this subsection,
“submits” applies in that section
the terms “submit” and “submits” mean submit and submits, respectively, to the Speaker of the House of Representatives. (2) Qualifying legislation defined For purposes of this subsection,
“United States person” applies in that section
The term “United States person” has the meaning given that term in section 8511 of title 22 .
“covered position” applies in that section
the term “covered position” means— (1) a position in which an employee or other personnel is responsible for conducting work of a highly-specialized scientific, technical, engineering, mathematical, or otherwise skilled nature to address a critical licensing or regulatory oversight need for the Commission; or (2) a position that the Executive Director for Operations of the Commission determines is necessary to fulfill the responsibilities of the Commission in a timely, efficient, and effective manner. (h) Sunset (1) In general Except as provided in paragraph (2), the authorities provided by subsections (a) and (b) shall terminate on September 30, 2034 .
“Consumer Price Index” applies in that section
the term “Consumer Price Index” means the Consumer Price Index for all urban consumers published by the Secretary of Labor.
“resolution” applies in that section
the term “resolution” means only a joint resolution of the Congress the matter after the resolving clause of which is as follows: “That the approves the compensation plan numbered submitted to the Congress on , 19 .”, the first blank space therein being filled with the name of the resolving House and the other blank spaces being appropriately filled; but does not include a resolution which specifies more than one compensation plan. (C) A resolution once introduced with respect to a compensation plan shall immediately be referred to a committee (and all resolutions with respect to the same compensation plan shall be referred to the same committee) by the President of the Senate.
“Code of Conduct” applies in that section
The term “Code of Conduct” means the code entitled the “Code of Conduct on the Safety and Security of Radioactive Sources”, approved by the Board of Governors of the International Atomic Energy Agency and dated September 8, 2003 . (2) Radiation source
“radiation source” applies in that section
The term “radiation source” means— (A) a Category 1 Source or a Category 2 Source, as defined in the Code of Conduct; and (B) any other material that poses a threat such that the material is subject to this section, as determined by the Commission, by regulation, other than spent nuclear fuel and special nuclear materials.
“research reactor” applies in that section
the term “research reactor” means a nuclear reactor that— (I) is licensed by the Commission under section 2134(c) of this title for operation at a thermal power level of not more than 10 megawatts; and (II) if licensed under subclause (I) for operation at a thermal power level of more than 1 megawatt, does not contain— (aa) a circulating loop through the core in which the licensee conducts fuel experiments; (bb) a liquid fuel loading; or (cc) an experimental facility in the core in excess of 16 square inches in cross-section.
“basic component” applies in that section
the term “basic component” means a facility structure, system, component or part thereof necessary to assure— (1) the integrity of the reactor coolant pressure boundary, (2) the capability to shut-down the facility and maintain it in a safe shut-down condition, or (3) the capability to prevent or mitigate the consequences of accidents which could result in an unplanned offsite release of quantities of fission products in excess of the limits established by the Commission.
“not-for-profit” applies in that section
the term “not-for-profit” means that no part of the net earnings of the contractor, subcontractor, or supplier inures to the benefit of any natural person or for-profit artificial person. e 1 Nuclear safety whistleblower protections In this section,
“nuclear safety whistleblower protections” applies in that section
the term “nuclear safety whistleblower protections” means the protections for employees of contractors or subcontractors from reprisals pursuant to section 4712 of title 41 , section 5851 of this title , or other provisions of Federal law (including rules, regulations, or orders) affording such protections, with respect to disclosures or other activities covered by such protections that relate to nuclear safety.
“congressional defense committees” applies in that section
The term “congressional defense committees” has the meaning given such term in section 101(a) of title 10 .;
“covered period” applies in that section
The term “covered period” means a period beginning on the date on which a quorum specified in paragraph (1) does not exist by reason of either or both a vacancy in the membership of the Board or the incapacity of a member of the Board and ending on the earlier of— (i) the date that is one year after such beginning date; or (ii) the date on which a quorum exists.;
“eligible member” applies in that section
The term “eligible member” means a member of the Board, other than the Chairperson, serving during a covered period and who is not incapacitated.
“congressional defense committees” applies in that section
the term “congressional defense committees” has the meaning given that term in section 101(a) of title 10 . (c) Application of nondisclosure protections by Board The Board may not publicly disclose information provided under this section if such information is otherwise protected from disclosure by law, including deliberative process information.
“Department of Energy defense nuclear facility” applies throughout its subchapter
the term “Department of Energy defense nuclear facility” means any of the following: (1) A production facility or utilization facility (as defined in section 2014 of this title ) that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes, but the term does not include— (A) any facility or activity covered by Executive Order No.
“active uranium or thorium processing site” applies throughout its part
The term “active uranium or thorium processing site” means— (A) any uranium or thorium processing site, including the mill, containing byproduct material for which a license (issued by the Nuclear Regulatory Commission or its predecessor agency under the Atomic Energy Act of 1954 [ 42 U.S.C. 2011 et seq.], or by a State as permitted under section 274 of such Act ( 42 U.S.C.
“byproduct material” applies throughout its part
The term “byproduct material” has the meaning given such term in section 11 e. (2) of the Atomic Energy Act of 1954, 1 ( 42 U.S.C. 2014(e)(2) ); and;
“decontamination, decommissioning, reclamation, and other remedial action” applies throughout its part
The term “decontamination, decommissioning, reclamation, and other remedial action” means work performed prior to or subsequent to October 24, 1992 , which is necessary to comply with all applicable requirements of the Uranium Mill Tailings Radiation Control Act of 1978 ( 42 U.S.C. 7901 et seq.), or where appropriate, with requirements established by a State that is a party to a discontinuance agreement under section 274 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2021 ).
“Corporation” applies throughout its part
The term “Corporation” means the United States Enrichment Corporation established under section 2297b 1 of this title or its successor.;
“country of origin” applies throughout its part
The term “country of origin” means— (A) with respect to uranium, that country where the uranium was mined; (B) with respect to enriched uranium, that country where the uranium was mined and enriched; or (C) with respect to enrichment services, that country where the enrichment services were performed. (3) The term “domestic origin” refers to any uranium that has been mined in the United States including uranium recovered from uranium deposits in the United States by underground mining, open-pit mining, strip mining, in situ recovery, leaching, and ion recovery, or recovered from phosphoric acid manufactured in the United States.;
“domestic uranium producer” applies throughout its part
The term “domestic uranium producer” means a person or entity who produces domestic uranium and who has, to the extent required by State and Federal agencies having jurisdiction, licenses and permits for the operation, decontamination, decommissioning, and reclamation of sites, structures and equipment. (5) The term “non-affiliated” refers to a seller who does not control, and is not controlled by or under common control with, the buyer.;
“overfeed” applies throughout its part
The term “overfeed” means to use uranium in the enrichment process in excess of the amount required at the transactional tails assay.;
“utility regulatory authority” applies throughout its part
The term “utility regulatory authority” means any State agency or Federal agency that has ratemaking authority with respect to the sale of electric energy by any electric utility or independent power producer. For purposes of this paragraph, the terms “electric utility”, “State agency”, “Federal agency”, and “ratemaking authority” have the respective meanings given such terms in section 2602 of title 16 .
“AVLIS” applies throughout its subchapter
The term “AVLIS” means atomic vapor laser isotope separation technology.;
“Corporation” applies throughout its subchapter
The term “Corporation” means the United States Enrichment Corporation and, unless the context otherwise requires, includes the private corporation and any successor thereto following privatization.;
“gaseous diffusion plants” applies throughout its subchapter
The term “gaseous diffusion plants” means the Paducah Gaseous Diffusion Plant at Paducah, Kentucky and the Portsmouth Gaseous Diffusion Plant at Piketon, Ohio.;
“highly enriched uranium” applies throughout its subchapter
The term “highly enriched uranium” means uranium enriched to 20 percent or more of the uranium-235 isotope.;
“low-enriched uranium” applies throughout its subchapter
The term “low-enriched uranium” means uranium enriched to less than 20 percent of the uranium-235 isotope, including that which is derived from highly enriched uranium.;
“low-level radioactive waste” applies throughout its subchapter
The term “low-level radioactive waste” has the meaning given such term in section 2021b(9) of this title .;
“private corporation” applies throughout its subchapter
The term “private corporation” means the corporation established under section 2297h–3 of this title .;
“privatization” applies throughout its subchapter
The term “privatization” means the transfer of ownership of the Corporation to private investors.;
“privatization date” applies throughout its subchapter
The term “privatization date” means the date on which 100 percent of the ownership of the Corporation has been transferred to private investors.;
“public offering” applies throughout its subchapter
The term “public offering” means an underwritten offering to the public of the common stock of the private corporation pursuant to section 2297h–2 of this title . (11) The “Russian HEU Agreement” means the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, dated February 18, 1993 .;
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Energy. (13) The “Suspension Agreement” means the Agreement to Suspend the Antidumping Investigation on Uranium from the Russian Federation, as amended.;
“uranium enrichment” applies throughout its subchapter
The term “uranium enrichment” means the separation of uranium of a given isotopic content into 2 components, 1 having a higher percentage of a fissile isotope and 1 having a lower percentage.
“completion of the Russian HEU Agreement” applies in that section
The term “completion of the Russian HEU Agreement” means the importation into the United States from the Russian Federation pursuant to the Russian HEU Agreement of uranium derived from the downblending of not less than 500 metric tons of highly enriched uranium of weapons origin. (2) Downblending
“downblending” applies in that section
The term “downblending” means processing highly enriched uranium into a uranium product in any form in which the uranium contains less than 20 percent uranium-235. (3) Highly enriched uranium
“highly enriched uranium” applies in that section
The term “highly enriched uranium” has the meaning given that term in section 2297h(4) of this title . (4) Highly enriched uranium of weapons origin
“highly enriched uranium of weapons origin” applies in that section
The term “highly enriched uranium of weapons origin” means highly enriched uranium that— (A) contains 90 percent or more uranium-235; and (B) is verified by the Secretary of Energy to be of weapons origin. (5) Low-enriched uranium
“low-enriched uranium” applies in that section
The term “low-enriched uranium” means a uranium product in any form, including uranium hexafluoride (UF 6 ) and uranium oxide (UO 2 ), in which the uranium contains less than 20 percent uranium-235, including natural uranium, without regard to whether the uranium is incorporated into fuel rods or complete fuel assemblies. (6) Russian HEU Agreement
“Russian entity” applies in that section
the term “Russian entity” means an entity organized under the laws of or otherwise subject to the jurisdiction of the Government of the Russian Federation.
“Russian HEU Agreement” applies in that section
The term “Russian HEU Agreement” has the meaning given that term in section 2297h(11) of this title . (7) Suspension Agreement
“Suspension Agreement” applies in that section
The term “Suspension Agreement” has the meaning given that term in section 2297h(13) of this title . (8) Uranium-235
“uranium-235” applies in that section
The term “uranium-235” means the isotope 235 U. (b) Statement of policy It is the policy of the United States— (1) to support the continued downblending of highly enriched uranium of weapons origin in the Russian Federation in order to protect the essential security interests of the United States with respect to the nonproliferation of nuclear weapons; (2) to reduce reliance on uranium imports in order to protect essential national security interests; (3) to revive and strengthen the supply chain for nuclear fuel produced and used in the United States; and (4) to expand production of nuclear fuel in the United States.
“Commission” applies throughout its chapter
The term “Commission” means the Atomic Energy Commission.;
“community” applies throughout its chapter
The term “community” means that area at— (1) Oak Ridge, Tennessee, designated on a map on file at the principal office of the Commission, entitled “Minimum Geographic Area, Oak Ridge, Tennessee”, bearing the legend “Boundary Line, Minimum Geographic Area, Oak Ridge, Tennessee” and marked “Approved, 21 April 1955, K. D. Nichols, General Manager”; or (2) Richland, Washington, designated on a map on file at the principal office of the Commission, entitled “Minimum Geographic Area, Richland, Washington”, bearing the legend “Boundary Line, Minimum Geographic Area, Richland, Washington” and marked “Approved, 21 April 1955, K. D.
“house” applies throughout its chapter
The term “house” includes the lot on which the house stands.;
“member of a family” applies throughout its chapter
The term “member of a family” means any person who, on the first offering date, resides in the same dwelling unit with one or more of the following relatives (including those having the same relationship through marriage or legal adoption): spouse, father, mother, grandfather, grandmother, brother, sister, son, daughter, uncle, aunt, nephew, niece, or first cousin.;
“mortgage” applies throughout its chapter
The term “mortgage” shall include deeds of trust and such other classes of lien as are given to secure advances on, or the unpaid purchase price of real estate under the laws of the State in which the real estate is located.;
“municipal installation” applies throughout its chapter
The term “municipal installation” includes, without limitation, schools, hospitals, police and fire protection systems, sewerage and refuse disposal plants, water supply and distribution installations, streets and roads, libraries, parks, playgrounds and recreational means, municipal government buildings, other properties suitable for municipal or comparable local public service purposes, and any fixtures, equivalent, or other property appropriate to the operation, maintenance or repair of the foregoing.;
“occupant” applies throughout its chapter
The term “occupant” means a person who, on the date on which the property in question is first offered for sale, is entitled to residential occupancy of the Government-owned house in question, or of a family dwelling unit in such house, in accordance with a lease or license agreement with the Commission or its property-management contractor.;
“offering date” applies throughout its chapter
The term “offering date” means the date the property in question is offered for sale.;
“project area” applies throughout its chapter
The term “project area” means that area which on August 4, 1955 , constitutes the Federal area at Oak Ridge, Tennessee, or Hanford, Washington, or that area which, on the date Los Alamos is included within this chapter, constitutes the County of Los Alamos, New Mexico, excluding therefrom, however, that land which is, on said date, under the administrative control of the National Park Service of the Department of the Interior.;
“project-connected person” applies throughout its chapter
The term “project-connected person” means any person who, on the first offering date, is regularly employed at the project area in one of the following capacities: (1) An officer or employee of the Commission or any of its contractors or subcontractors, or of the United States or any agency thereof (including members of the Armed Forces), or of a State or political subdivision or agency thereof; (2) An officer or employee employed at a school or hospital located in the project area; (3) A person engaged in or employed in the project area by any professional, commercial, or industrial enterprise occupying premises located in the project area; or (4) An officer or employee of any church or …
“resident” applies throughout its chapter
The term “resident” means any person who, on the date on which the property in question is first offered for sale is either— (1) an occupant in a residential unit designated for sale at the community, or (2) a project-connected person who is entitled, in accordance with a lease or similar agreement, to residential occupancy of privately owned rental housing in the community.;
“utility” applies throughout its chapter
The term “utility” means any electrical distribution system, any natural gas distribution system, any public transportation system, or any public communication system, and any fixtures, equipment, or other property appropriate to the operation, maintenance or repair of the foregoing. (m) The terms “single” and “single family” when used in connection with “house” or “residential property” shall include each separate unit of a residential structure which the Commission has classified as a residential structure containing two or more separate single family units pursuant to section 2331(c) of this title .
“eligible area” applies in that section
the term “eligible area” means— (1) those areas which the Secretary of Labor designates each month as having been areas of substantial unemployment for at least nine of the preceding twelve months; and (2) those areas which are designated by the Secretary of Commerce under subsections (a) and (b) of section 2504 of this title as “redevelopment areas”.
“Secretary concerned” applies in that section
The term “Secretary concerned” means— (A) the Secretary of Defense, with respect to the Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard (when it is operating as a service in the Navy); (B) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy; (C) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and (D) the Secretary of Commerce, with respect to the commissioned corps of the National Oceanic and Atmospheric Administration.
“tortious conduct” applies in that section
The term “tortious conduct” includes any tortious omission. (3) The term “pay”, with respect to a member of the uniformed services, means basic pay, special pay, and incentive pay that the member is authorized to receive under title 37 or any other law providing pay for service in the uniformed services.;
“uniformed services” applies in that section
The term “uniformed services” has the meaning given such term in section 101 of title 10 .;
“Native American Pacific Islander” applies throughout its subchapter
the term “Native American Pacific Islander” means an individual who is indigenous to a United States territory or possession located in the Pacific Ocean, and includes such individual while residing in the United States.
“rule” applies throughout its subchapter
the term “rule” has the meaning given it in section 551(4) of title 5 , as amended from time to time; (6) “Secretary” means the Secretary of Health and Human Services; and;
“abuse” applies throughout its chapter
The term “abuse” means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.;
“Administration” applies throughout its chapter
The term “Administration” means the Administration on Aging.;
“adult protective services” applies throughout its chapter
The term “adult protective services” means such services provided to adults as the Secretary may specify and includes services such as— (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other casework and services; and (D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services.;
“Aging and Disability Resource Center” applies throughout its chapter
The term “Aging and Disability Resource Center” means an entity, network, or consortium established by a State as part of the State system of long-term care, to provide a coordinated and integrated system for older individuals and individuals with disabilities (as defined in section 12102 of this title ), and the caregivers of older individuals and individuals with disabilities, that provides, in collaboration with (as appropriate) area agencies on aging, centers for independent living (as described in part C of chapter 1 of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C.
“aging network” applies throughout its chapter
The term “aging network” means the network of— (A) State agencies, area agencies on aging, title VI [subchapter X of this chapter] grantees, and the Administration; and (B) organizations that— (i) (I) are providers of direct services to older individuals; or (II) are institutions of higher education; and (ii) receive funding under this chapter.;
“area agency on aging” applies throughout its chapter
The term “area agency on aging” means an area agency on aging designated under section 3025(a)(2)(A) of this title or a State agency performing the functions of an area agency on aging under section 3025(b)(5) of this title .;
“Assistant Secretary” applies throughout its chapter
The term “Assistant Secretary” means the Assistant Secretary for Aging. (8);
“assistive device” applies throughout its chapter
The term “assistive device” includes an assistive technology device.;
“assistive technology” applies throughout its chapter
The terms “assistive technology”, “assistive technology device”, and “assistive technology service” have the meanings given such terms in section 3002 of title 29 .;
“assistive technology device” applies throughout its chapter
The terms “assistive technology”, “assistive technology device”, and “assistive technology service” have the meanings given such terms in section 3002 of title 29 .;
“assistive technology service” applies throughout its chapter
The terms “assistive technology”, “assistive technology device”, and “assistive technology service” have the meanings given such terms in section 3002 of title 29 .;
“at risk for institutional placement” applies throughout its chapter
The term “at risk for institutional placement” means, with respect to an older individual, that such individual is unable to perform at least 2 activities of daily living without substantial assistance (including verbal reminding, physical cuing, or supervision) and is determined by the State involved to be in need of placement in a long-term care facility.;
“board and care facility” applies throughout its chapter
The term “board and care facility” means an institution regulated by a State pursuant to section 1382e(e) of this title .;
“caregiver” applies throughout its chapter
the term “caregiver” means an individual who has the responsibility for the care of an older individual, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an older individual.;
“case management service” applies throughout its chapter
The term “case management service”— (A) means a service provided to an older individual, at the direction of the older individual or a family member of the individual— (i) by an individual who is trained or experienced in the case management skills that are required to deliver the services and coordination described in subparagraph (B); and (ii) to assess the needs, and to arrange, coordinate, and monitor an optimum package of services to meet the needs, of the older individual; and (B) includes services and coordination such as— (i) comprehensive assessment of the older individual (including the physical, psychological, and social needs of the individual); (ii) development and …
“civic engagement” applies throughout its chapter
The term “civic engagement” means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need.;
“disability” applies throughout its chapter
The term “disability” means (except when such term is used in the phrase “severe disability”, “developmental disabilities”, “physical or mental disability”, “physical and mental disabilities”, or “physical disabilities”) a disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that results in substantial functional limitations in 1 or more of the following areas of major life activity: (A) self-care, (B) receptive and expressive language, (C) learning, (D) mobility, (E) self-direction, (F) capacity for independent living, (G) economic self-sufficiency, (H) cognitive functioning, and (I) emotional adjustment.;
“disease prevention and health promotion services” applies throughout its chapter
The term “disease prevention and health promotion services” means— (A) health risk assessments; (B) routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision, hearing, diabetes, bone density, oral health, immunization status, and nutrition screening (including screening for malnutrition); (C) nutritional counseling and educational services for individuals and their primary caregivers; (D) evidence-based health promotion programs, including programs related to the prevention and mitigation of the effects of chronic disease (including osteoporosis, hypertension, obesity, diabetes, and cardiovascular disease), infectious disease, and vaccine-preventable …
“elder abuse” applies throughout its chapter
The term “elder abuse” means abuse of an older individual.;
“elder abuse, neglect, and exploitation” applies throughout its chapter
The term “elder abuse, neglect, and exploitation” means abuse, neglect, and exploitation, of an older individual.;
“elder justice” applies throughout its chapter
The term “elder justice” means— (A) from a societal perspective, efforts to— (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect older individuals with diminished capacity while maximizing their autonomy; and (B) from an individual perspective, the recognition of an older individual’s rights, including the right to be free of abuse, neglect, and exploitation. (18);
“exploitation” applies throughout its chapter
The terms “exploitation” and “financial exploitation” mean the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an older individual for monetary or personal benefit, profit, or gain, or that results in depriving an older individual of rightful access to, or use of, benefits, resources, belongings, or assets. (B) In subparagraph (A),
“family violence” applies throughout its chapter
The term “family violence” has the same meaning given the term in the Family Violence Prevention and Services Act [ 42 U.S.C. 10401 et seq.].;
“fiduciary” applies throughout its chapter
The term “fiduciary”— (A) means a person or entity with the legal responsibility— (i) to make decisions on behalf of and for the benefit of another person; and (ii) to act in good faith and with fairness; and (B) includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee.;
“financial exploitation” applies throughout its chapter
The terms “exploitation” and “financial exploitation” mean the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an older individual for monetary or personal benefit, profit, or gain, or that results in depriving an older individual of rightful access to, or use of, benefits, resources, belongings, or assets. (B) In subparagraph (A),
“focal point” applies throughout its chapter
The term “focal point” means a facility established to encourage the maximum collocation and coordination of services for older individuals.;
“frail” applies throughout its chapter
The term “frail” means, with respect to an older individual in a State, that the older individual is determined to be functionally impaired because the individual— (A) (i) is unable to perform at least two activities of daily living without substantial human assistance, including verbal reminding, physical cueing, or supervision; or (ii) at the option of the State, is unable to perform at least three such activities without such assistance; or (B) due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual.;
“greatest economic need” applies throughout its chapter
The term “greatest economic need” means the need resulting from an income level at or below the poverty line.;
“greatest social need” applies throughout its chapter
The term “greatest social need” means the need caused by noneconomic factors, which include— (A) physical and mental disabilities; (B) language barriers; and (C) cultural, social, or geographical isolation, including isolation caused by racial or ethnic status, that— (i) restricts the ability of an individual to perform normal daily tasks; or (ii) threatens the capacity of the individual to live independently.;
“Hispanic-serving institution” applies throughout its chapter
The term “Hispanic-serving institution” has the meaning given the term in section 1101a of title 20 .;
“in-home services” applies throughout its chapter
The term “in-home services” includes— (A) services of homemakers and home health aides; (B) visiting and telephone reassurance; (C) chore maintenance; (D) in-home respite care for families, and adult day care as a respite service for families; (E) minor modification of homes that is necessary to facilitate the ability of older individuals to remain at home and that is not available under another program (other than a program carried out under this chapter); (F) personal care services; and (G) other in-home services as defined— (i) by the State agency in the State plan submitted in accordance with section 3027 of this title ; and (ii) by the area agency on aging in the area plan submitted in …
“Indian” applies throughout its chapter
The term “Indian” means a person who is a member of an Indian tribe. (27) Except for the purposes of subchapter X of this chapter,
“Indian tribe” applies throughout its chapter
the term “Indian tribe” means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( Public Law 92–203 ; 85 Stat. 688 ) [ 43 U.S.C. 1601 et seq.]) which (A) is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or (B) is located on, or in proximity to, a Federal or State reservation or rancheria.;
“information and assistance service” applies throughout its chapter
The term “information and assistance service” means a service for older individuals that— (A) provides the individuals with current information on opportunities and services available to the individuals within their communities, including information relating to assistive technology; (B) assesses the problems and capacities of the individuals; (C) links the individuals to the opportunities and services that are available; (D) to the maximum extent practicable, ensures that the individuals receive the services needed by the individuals, and are aware of the opportunities available to the individuals, by establishing adequate followup procedures; and (E) serves the entire community of older …
“information and referral” applies throughout its chapter
The term “information and referral” includes information relating to assistive technology.;
“institution of higher education” applies throughout its chapter
The term “institution of higher education” has the meaning given the term in section 1001 of title 20 .;
“integrated long-term care” applies throughout its chapter
The term “integrated long-term care”— (A) means items and services that consist of— (i) with respect to long-term care— (I) long-term care items or services provided under a State plan for medical assistance under the Medicaid program established under title XIX of the Social Security Act ( 42 U.S.C.
“legal assistance” applies throughout its chapter
The term “legal assistance”— (A) means legal advice and representation provided by an attorney to older individuals with economic or social needs; and (B) includes— (i) to the extent feasible, counseling or other appropriate assistance by a paralegal or law student under the direct supervision of an attorney; and (ii) counseling or representation by a nonlawyer where permitted by law.;
“long-term care” applies throughout its chapter
The term “long-term care” means any service, care, or item (including an assistive device), including a disease prevention and health promotion service, an in-home service, and a case management service— (A) intended to assist individuals in coping with, and to the extent practicable compensate for, a functional impairment in carrying out activities of daily living; (B) furnished at home, in a community care setting (including a small community care setting as defined in subsection (g)(1), and a large community care setting as defined in subsection (h)(1), of section 1929 of the Social Security Act ( 42 U.S.C.
“long-term care facility” applies throughout its chapter
The term “long-term care facility” means— (A) any skilled nursing facility, as defined in section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i–3(a) ); (B) any nursing facility, as defined in section 1919(a) of the Social Security Act ( 42 U.S.C. 1396r(a) ); (C) a board and care facility; and (D) any other adult care home, including an assisted living facility, similar to a facility or institution described in subparagraphs (A) through (C).;