r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“multipurpose senior center” applies throughout its chapter
The term “multipurpose senior center” means a community facility for the organization and provision of a broad spectrum of services, which shall include provision of health (including mental and behavioral health), social, nutritional, and educational services and the provision of facilities for recreational activities for older individuals.;
“Native American” applies throughout its chapter
The term “Native American” means— (A) an Indian as defined in paragraph (26); and (B) a Native Hawaiian, as defined in section 3057k of this title .;
“neglect” applies throughout its chapter
The term “neglect” means— (A) the failure of a caregiver (as defined in paragraph (18)(B)) or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an older individual; or (B) self-neglect. (39) The term “nonprofit” as applied to any agency, institution, or organization means an agency, institution, or organization which is, or is owned and operated by, one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.;
“older individual” applies throughout its chapter
The term “older individual” means an individual who is 60 years of age or older. (41) The term “person-centered, trauma-informed”, with respect to services, means services provided through an aging program that— (A) use a holistic approach to providing services or care; (B) promote the dignity, strength, and empowerment of victims of trauma; and (C) incorporate evidence-based practices based on knowledge about the role of trauma in trauma victims’ lives.;
“physical harm” applies throughout its chapter
The term “physical harm” means bodily injury, impairment, or disease.;
“planning and service area” applies throughout its chapter
The term “planning and service area” means an area designated by a State agency under section 3025(a)(1)(E) of this title , including a single planning and service area described in section 3025(b)(5)(A) of this title .;
“poverty line” applies throughout its chapter
The term “poverty line” means the official poverty line (as defined by the Office of Management and Budget, and adjusted by the Secretary in accordance with section 9902(2) of this title . 2;
“representative payee” applies throughout its chapter
The term “representative payee” means a person who is appointed by a governmental entity to receive, on behalf of an older individual who is unable to manage funds by reason of a physical or mental incapacity, any funds owed to such individual by such entity.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Health and Human Services, except that for purposes of subchapter IX such term means the Secretary of Labor.;
“self-directed care” applies throughout its chapter
The term “self-directed care” means an approach to providing services (including programs, benefits, supports, and technology) under this chapter intended to assist an individual with activities of daily living, in which— (A) such services (including the amount, duration, scope, provider, and location of such services) are planned, budgeted, and purchased under the direction and control of such individual; (B) such individual is provided with such information and assistance as are necessary and appropriate to enable such individual to make informed decisions about the individual’s care options; (C) the needs, capabilities, and preferences of such individual with respect to such services, …
“self-neglect” applies throughout its chapter
The term “self-neglect” means an adult’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including— (A) obtaining essential food, clothing, shelter, and medical care; (B) obtaining goods and services necessary to maintain physical health, mental and behavioral health, or general safety; or (C) managing one’s own financial affairs.;
“severe disability” applies throughout its chapter
The term “severe disability” means a severe, chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that— (A) is likely to continue indefinitely; and (B) results in substantial functional limitation in 3 or more of the major life activities specified in subparagraphs (A) through (G) of paragraph (8). 3;
“sexual assault” applies throughout its chapter
The term “sexual assault” has the meaning given the term in section 10447 of title 34 . 1;
“State” applies throughout its chapter
The term “State” means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.;
“State agency” applies throughout its chapter
The term “State agency” means the agency designated under section 3025(a)(1) of this title .;
“State assistive technology entity” applies throughout its chapter
The term “State assistive technology entity” means the agency, office, or other entity designated under subsection (c)(1) of section 3003 of title 29 to carry out State activities under such section.;
“State system of long-term care” applies throughout its chapter
The term “State system of long-term care” means the Federal, State, and local programs and activities administered by a State that provide, support, or facilitate access to long-term care for individuals in such State.;
“supportive service” applies throughout its chapter
The term “supportive service” means a service described in section 3030d(a) of this title .;
“traumatic brain injury” applies throughout its chapter
The term “traumatic brain injury” has the meaning given such term in section 280b–1c(d) of this title . (56) Except for the purposes of subchapter X of this chapter,
“tribal organization” applies throughout its chapter
the term “tribal organization” means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body. In any case in which a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.
“age-friendly community” applies in that section
the term “age-friendly community” means a community that— (A) is taking measurable steps to— (i) include adequate and accessible housing, public spaces and buildings, safe and secure paths, variable route transportation services, and programs and services designed to support health and well-being; (ii) respect and include older individuals in social opportunities, civic participation, volunteerism, and employment; and (iii) facilitate access to supportive services for older individuals; (B) is not an assisted living facility or long-term care facility; and (C) has a plan in place to meet local needs for housing, transportation, civic participation, social connectedness, and accessible …
“cost” applies in that section
the term “cost” means an expense, including an administrative expense, incurred by a recipient in developing or carrying out an agreement described in subsection (a), whether the recipient contributed funds, staff time, or other plant, equipment, or services to meet the expense.
“pension and other retirement benefits” applies in that section
The term “pension and other retirement benefits” means private, civil service, and other public pensions and retirement benefits, including benefits provided under— (A) the Social Security program under title II of the Social Security Act ( 42 U.S.C. 401 et seq.); (B) the railroad retirement program under the Railroad Retirement Act of 1974 ( 45 U.S.C. 231 et seq.); (C) the government retirement benefits programs under the Civil Service Retirement System set forth in chapter 83 of title 5, the Federal Employees Retirement System set forth in chapter 84 of title 5, or other Federal retirement systems; or (D) employee pension benefit plans as defined in section 1002(2) of title 29 .
“pension counseling and information program” applies in that section
The term “pension counseling and information program” means a program described in subsection (b). (b) Program authorized The Assistant Secretary shall award grants to eligible entities to establish and carry out pension counseling and information programs that create or continue a sufficient number of pension assistance and counseling programs to provide outreach, information, counseling, referral, and other assistance regarding pension and other retirement benefits, and rights related to such benefits, to individuals in the United States.
“comprehensive and coordinated system” applies throughout its subchapter
The term “comprehensive and coordinated system” means a system for providing all necessary supportive services, including nutrition services, in a manner designed to— (A) facilitate accessibility to, and utilization of, all supportive services and nutrition services provided within the geographic area served by such system by any public or private agency or organization; (B) develop and make the most efficient use of supportive services and nutrition services in meeting the needs of older individuals; (C) use available resources efficiently and with a minimum of duplication; and (D) encourage and assist public and private entities that have unrealized potential for meeting the service needs …
“education and training service” applies throughout its subchapter
The term “education and training service” means a supportive service designed to assist older individuals to better cope with their economic, health, and personal needs through services such as consumer education, continuing education, health education, preretirement education, financial planning, and other education and training services which will advance the objectives of this chapter.;
“family caregiver” applies throughout its subchapter
The term “family caregiver” means an adult family member, or another individual, who is an informal provider of in-home and community care to an older individual or to an individual of any age with Alzheimer’s disease or a related disorder with neurological and organic brain dysfunction.;
“unit of general purpose local government” applies throughout its subchapter
The term “unit of general purpose local government” means— (A) a political subdivision of the State whose authority is general and not limited to only one function or combination of related functions; or (B) an Indian tribal organization.
“allot” applies in that section
the term “allot” means allot under this subsection from a sum appropriated under section 3023(a) or 3023(b)(1) of this title, as the case may be; and;
“covered fiscal year” applies in that section
the term “covered fiscal year” means any of fiscal years 2020 through 2029. (ii) If the sum appropriated under section 3023(a) or 3023(b)(1) of this title for a particular covered fiscal year is less than or equal to the sum appropriated under section 3023(a) or 3023(b)(1) of this title, respectively, for fiscal year 2019, amounts shall be allotted to States from the sum appropriated for the particular year in accordance with paragraphs (1) and (2), and subparagraphs (A) through (C) as applicable, but no State shall be allotted an amount that is less than— (I) for fiscal year 2020, 99.75 percent of the State’s allotment from the corresponding sum appropriated for fiscal year 2019; (II) for …
“adult child with a disability” applies in that section
the term “adult child with a disability” means a child who— (1) is age 18 or older; (2) is financially dependent on an older individual who is a parent of the child; and (3) has a disability.
“client assessment through case management” applies in that section
the term “client assessment through case management” includes providing information relating to assistive technology. (b) Existing facilities (1) The Assistant Secretary shall carry out a program for making grants to States under State plans approved under section 3027 of this title for the acquisition, alteration, or renovation of existing facilities, including mobile units, and, where appropriate, construction or modernization of facilities to serve as multipurpose senior centers.
“caregiver assessment” applies throughout its part
The term “caregiver assessment” means a defined process of gathering information to identify the specific needs, barriers to carrying out caregiving responsibilities, and existing supports of a family caregiver or older relative caregiver, as identified by the caregiver involved, to appropriately target recommendations for support services described in section 3030s–1(b) of this title . Such assessment shall be administered through direct contact with the caregiver, which may include contact through a home visit, the Internet, telephone or teleconference, or in-person interaction. (2) Child
“child” applies throughout its part
The term “child” means an individual who is not more than 18 years of age. (3) Individual with a disability
“individual with a disability” applies throughout its part
The term “individual with a disability” means an individual with a disability, as defined in section 12102 of this title , who is not less than age 18 and not more than age 59. (4) Older relative caregiver
“older relative caregiver” applies throughout its part
The term “older relative caregiver” means a caregiver who— (A) (i) is age 55 or older; and (ii) lives with, is the informal provider of in-home and community care to, and is the primary caregiver for, a child or an individual with a disability; (B) in the case of a caregiver for a child— (i) is the grandparent, stepgrandparent, or other relative (other than the parent) by blood, marriage, or adoption, of the child; (ii) is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregivers of the child; and (iii) has a legal relationship to the child, such as legal custody, adoption, or guardianship, or is raising the …
“Hispanic Center of Excellence in Applied Gerontology” applies in that section
The term “Hispanic Center of Excellence in Applied Gerontology” means an institution of higher education with a program in applied gerontology that— (A) has a significant number of Hispanic individuals enrolled in the program, including individuals accepted for enrollment in the program; (B) has been effective in assisting Hispanic students of the program to complete the program and receive the degree involved; (C) has been effective in recruiting Hispanic individuals to attend the program, including providing scholarships and other financial assistance to such individuals and encouraging Hispanic students of secondary educational institutions to attend the program; and (D) has made …
“historically Black college or university” applies in that section
The term “historically Black college or university” has the meaning given the term “part B institution” in section 1061(2) of title 20 .
“economically sustainable transportation” applies in that section
the term “economically sustainable transportation” means demand responsive transportation for older individuals— (1) that may be provided through volunteers; and (2) that the provider will provide without receiving Federal or other public financial assistance, after a period of not more than 5 years of providing the services under this section.
“multigenerational activity” applies in that section
The term “multigenerational activity” means an activity that provides an opportunity for interaction between 2 or more individuals of different generations, including activities connecting older individuals and youth in a child care program, a youth day care program, an educational assistance program, an at-risk youth intervention program, a juvenile delinquency treatment program, a before- or after-school program, a library program, or a family support program. (2) Multigenerational coordinator
“multigenerational coordinator” applies in that section
The term “multigenerational coordinator” means a person who— (A) builds the capacity of public and nonprofit organizations to develop meaningful roles and assignments, that use the time, skill, and experience of older individuals to serve those organizations; and (B) nurtures productive, sustainable working relationships between— (i) older individuals; and (ii) individuals in younger generations.
“eligible entity” applies in that section
The term “eligible entity”— (A) means a nonprofit health or social service organization, a community-based nonprofit organization, an area agency on aging or other local government agency, a tribal organization, or another entity that— (i) the Assistant Secretary determines to be appropriate to carry out a project under this part; and (ii) demonstrates a record of, and experience in, providing or administering group and individual health and social services for older individuals; and (B) does not include an entity providing housing under the congregate housing services program carried out under section 8011 of this title or the multifamily service coordinator program carried out under …
“Naturally Occurring Retirement Community” applies in that section
The term “Naturally Occurring Retirement Community” means a community with a concentrated population of older individuals, which may include a residential building, a housing complex, an area (including a rural area) of single family residences, or a neighborhood composed of age-integrated housing— (A) where— (i) 40 percent of the heads of households are older individuals; or (ii) a critical mass of older individuals exists, based on local factors that, taken in total, allow an organization to achieve efficiencies in the provision of health and social services to older individuals living in the community; and (B) that is not an institutional care or assisted living setting.
“cost per authorized position” applies in that section
The term “cost per authorized position” means the sum of— (A) the hourly minimum wage rate specified in section 206(a)(1) of title 29 , multiplied by the number of hours equal to the product of 21 hours and 52 weeks; (B) an amount equal to 11 percent of the amount specified under subparagraph (A), for the purpose of covering Federal payments for fringe benefits; and (C) an amount determined by the Secretary, for the purpose of covering Federal payments for the remainder of all other program and administrative costs. (2) Fiscal year 2000 level of activities
“fiscal year 2000 level of activities” applies in that section
The term “fiscal year 2000 level of activities” means— (A) with respect to public and nonprofit private agency and organization grantees that operate under this subchapter under national grants from the Secretary, their level of activities for fiscal year 2000; and (B) with respect to State grantees, their level of activities for fiscal year 2000. (3) Grants to States
“grants to States” applies in that section
The term “grants to States” means grants made under this subchapter by the Secretary to the States. (4) Level of activities
“level of activities” applies in that section
The term “level of activities” means the number of authorized positions multiplied by the cost per authorized position. (5) National grants
“national grants” applies in that section
The term “national grants” means grants made under this subchapter by the Secretary to public and nonprofit private agency and organization grantees that operate under this subchapter. (6) State The term “State” does not include Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.
“United States” applies in that section
the term “United States” means the 50 States, 1 and the District of Columbia. (g) Definitions In this section: (1) Cost per authorized position
“individuals with barriers to employment” applies in that section
the term “individuals with barriers to employment” means minority individuals, Indian individuals, individuals with greatest economic need, eligible individuals who have been incarcerated or are under supervision following release from prison or jail, and individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 3056p of this title .
“community service” applies throughout its subchapter
The term “community service” means— (A) social, health, welfare, and educational services (including literacy tutoring), legal and other counseling services and assistance, including tax counseling and assistance and financial counseling, and library, recreational, and other similar services; (B) conservation, maintenance, or restoration of natural resources; (C) community betterment or beautification; (D) antipollution and environmental quality efforts; (E) weatherization activities; (F) economic development; and (G) such other services essential and necessary to the community as the Secretary determines by rule to be appropriate. (2) Community service employment
“community service employment” applies throughout its subchapter
The term “community service employment” means part-time, temporary employment paid with grant funds in projects described in section 3056(b)(1)(D) of this title , through which eligible individuals are engaged in community service and receive work experience and job skills that can lead to unsubsidized employment. (3) Eligible individual (A) In general
“eligible individual” applies throughout its subchapter
The term “eligible individual” means an individual who is age 55 or older and who has a low income (including any such individual whose income is not more than 125 percent of the poverty line), excluding any income that is unemployment compensation, a benefit received under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq.), a payment made to or on behalf of veterans or former members of the Armed Forces under the laws administered by the Secretary of Veterans Affairs, or 25 percent of a benefit received under title II of the Social Security Act ( 42 U.S.C. 401 et seq.), subject to subsection (b).
“income” applies in that section
the term “income” means income received during the 12-month period (or, at the option of the grantee involved, the annualized income for the 6-month period) ending on the date an eligible individual submits an application to participate in a project carried out under this subchapter by such grantee. (5) Local workforce development board; state workforce development board
“local workforce development board” applies in that section
The terms “local workforce development board” and “State workforce development board” have the meanings given the terms “local board” and “State board”, respectively, in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (6) Pacific Island and Asian Americans
“Pacific Island and Asian Americans” applies in that section
The term “Pacific Island and Asian Americans” means Americans having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. (7) Program
“program” applies in that section
The term “program” means the older American community service employment program established under this subchapter. (8) Supportive services
“State workforce development board” applies in that section
The terms “local workforce development board” and “State workforce development board” have the meanings given the terms “local board” and “State board”, respectively, in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (6) Pacific Island and Asian Americans
“supportive services” applies in that section
The term “supportive services” means services, such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this subchapter, consistent with the provisions of this subchapter. (9) Unemployed The term “unemployed”, used with respect to a person or individual, means an individual who is without a job and who wants and is available for work, including an individual who may have occasional employment that does not result in a constant source of income.
“covered year” applies in that section
the term “covered year” means fiscal year 2006 or a subsequent fiscal year. (2) Consortia of tribal organizations If a tribal organization received a grant under this part for fiscal year 1991 as part of a consortium, the Assistant Secretary shall consider the tribal organization to have received a grant under this part for fiscal year 1991 for purposes of subsections (a) and (b), and shall apply the provisions of subsections (a) and (b)(1) (under the conditions described in subsection (b)) to the tribal organization for each covered year for which the tribal organization submits an application under this part, even if the tribal organization submits— (A) a separate application from the …
“Native Hawaiian” applies throughout its part
the term “Native Hawaiian” means any individual any of whose ancestors were natives of the area which consists of the Hawaiian Islands prior to 1778.
“comprehensive elder justice system” applies in that section
the term “comprehensive elder justice system” means an integrated, multidisciplinary, and collaborative system for preventing, detecting, and addressing elder abuse, neglect, and exploitation in a manner that— (1) provides for widespread, convenient public access to the range of available elder justice information, programs, and services; (2) coordinates the efforts of public health, social service, and law enforcement authorities, as well as other appropriate public and private entities, to identify and diminish duplication and gaps in the system; (3) provides a uniform method for the standardization, collection, management, analysis, and reporting of data; and (4) provides such other …
“elder right” applies throughout its subchapter
The term “elder right” means a right of an older individual. (2) Vulnerable elder rights protection activity
“vulnerable elder rights protection activity” applies throughout its subchapter
The term “vulnerable elder rights protection activity” means an activity funded under part A.
“local Ombudsman entity” applies throughout its subpart
The term “local Ombudsman entity” means an entity designated under section 3058g(a)(5)(A) of this title to carry out the duties described in section 3058g(a)(5)(B) of this title with respect to a planning and service area or other substate area. (4) Program
“Office” applies throughout its subpart
The term “Office” means the office established in section 3058g(a)(1)(A) of this title . (2) Ombudsman
“Ombudsman” applies throughout its subpart
The term “Ombudsman” means the individual described in section 3058g(a)(2) of this title . (3) Local Ombudsman entity
“program” applies throughout its subpart
The term “program” means the State Long-Term Care Ombudsman program established in section 3058g(a)(1)(B) of this title . (5) Representative
“representative” applies throughout its subpart
The term “representative” includes an employee or volunteer who represents an entity designated under section 3058g(a)(5)(A) of this title and who is individually designated by the Ombudsman. (6) Resident
“resident” applies throughout its subpart
The term “resident” means an individual of any age who resides in a long-term care facility.
“development cost” applies throughout its chapter
The term “development cost” means the cost of constructing the facility and of acquiring the land on which it is located, including necessary site improvements to permit its use as a site for the facility.
“local public bodies and agencies” applies throughout its chapter
The term “local public bodies and agencies” includes public corporate bodies or political subdivisions; public agencies or instrumentalities of one or more States, municipalities, or political subdivisions of one or more States (including public agencies and instrumentalities of one or more municipalities or other political subdivisions of one or more States); Indian tribes; and boards or commissions established under the laws of any State to finance specific capital improvement projects.;
“State” applies throughout its chapter
The term “State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.;
“blue economy” applies throughout its chapter
The term “blue economy” means the sustainable use of marine, lake, or other aquatic resources in support of economic development objectives. (2) Capacity building
“capacity building” applies throughout its chapter
The term “capacity building” includes all activities associated with early stage community-based project formation and conceptualization, prior to project predevelopment activity, including grants to local community organizations for planning participation, community outreach and engagement activities, research, and mentorship support to move projects from formation and conceptualization to project predevelopment. (3) Comprehensive economic development strategy
“comprehensive economic development strategy” applies throughout its chapter
The term “comprehensive economic development strategy” means a comprehensive economic development strategy approved by the Secretary under section 3162 of this title . (4) Department
“Department” applies throughout its chapter
The term “Department” means the Department of Commerce. (5) Economic development district (A) In general
“economic development district” applies throughout its chapter
The term “economic development district” means any area in the United States that— (i) is composed of areas described in section 3161(a) of this title and, to the extent determined appropriate by the Secretary, neighboring counties or communities; and (ii) has been designated by the Secretary as an economic development district under section 3171 of this title . (B) Inclusion
“eligible recipient” applies throughout its chapter
The term “eligible recipient” means— (i) an economic development district; (ii) an Indian tribe; (iii) a State; (iv) a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (v) an institution of higher education or a consortium of institutions of higher education; (vi) a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State; (vii) an economic development organization; or (viii) a public-private partnership for public infrastructure.
“Federal agency” applies throughout its chapter
The term “Federal agency” means a department, agency, or instrumentality of the United States. (8) Grant
“grant” applies throughout its chapter
The term “grant” includes a cooperative agreement (within the meaning of chapter 63 of title 31). (9) Indian tribe
“Indian tribe” applies throughout its chapter
The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or Regional Corporation (as defined in or established under 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. (10) Outdoor recreation
“outdoor recreation” applies throughout its chapter
The term “outdoor recreation” means all recreational activities, and the economic drivers of those activities, that occur in nature-based environments outdoors. (11) Project predevelopment
“project predevelopment” applies throughout its chapter
The term “project predevelopment” means a measure required to be completed before the initiation of a project, including— (A) planning and community asset mapping; (B) training; (C) technical assistance and organizational development; (D) feasibility and market studies; (E) demonstration projects; and (F) other predevelopment activities determined by the Secretary to be appropriate. (12) Regional Commission
“Regional Commission” applies throughout its chapter
The term “Regional Commission” means any of the following: (A) The Appalachian Regional Commission established by section 14301(a) of title 40 . (B) The Delta Regional Authority established by section 2009aa–1(a)(1) of title 7 . (C) The Denali Commission established by section 303(a) of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ). (D) The Great Lakes Authority established by section 15301(a)(4) of title 40 . (E) The Mid-Atlantic Regional Commission established by section 15301(a)(5) of title 40 . (F) The Northern Border Regional Commission established by section 15301(a)(3) of title 40 .
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Commerce. (14) State
“State” applies throughout its chapter
The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (15) Travel and tourism
“travel and tourism” applies throughout its chapter
The term “travel and tourism” means any economic activity that primarily serves to encourage recreational or business travel in or to the United States, including activities relating to public or nonprofit entertainment venues in the United States. (16) United States
“United States” applies throughout its chapter
The term “United States” means all of the States. (17) University center
“university center” applies throughout its chapter
The term “university center” means an institution of higher education or a consortium of institutions of higher education established under section 3147(c)(1) of this title .
“designated Federal grant program” applies in that section
the term “designated Federal grant program” means any Federal grant program that— (1) provides assistance in the construction or equipping of public works, public service, or development facilities; (2) the Secretary designates as eligible for an allocation of funds under this section; and (3) assists projects that are— (A) eligible for assistance under this subchapter; and (B) consistent with a comprehensive economic development strategy.
“coal economy” applies in that section
The term “coal economy” means the complete supply chain of coal-reliant industries, including— (i) coal mining; (ii) coal-fired power plants; (iii) transportation or logistics; and (iv) manufacturing. (B) Contraction event
“Commission” applies in that section
The term “Commission” means the Nuclear Regulatory Commission. (B) Community advisory board
“community advisory board” applies in that section
The term “community advisory board” means a community committee or other advisory organization that— (i) primarily focuses on the economic impacts of decommissioning activities; and (ii) aims to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect. (C) Decommission
“contraction event” applies in that section
The term “contraction event” means the closure of a facility or a reduction in activity relating to a coal-reliant industry, including an industry described in any of clauses (i) through (iv) of subparagraph (A). (2) Authorization On the application of an eligible recipient, the Secretary may make grants for projects in areas adversely impacted by a contraction event in the coal economy.
“decommission” applies in that section
The term “decommission” has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (D) Licensee
“licensee” applies in that section
The term “licensee” has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (E) Nuclear host community
“nuclear host community” applies in that section
The term “nuclear host community” means an eligible recipient that has been economically impacted, or reasonably demonstrates to the satisfaction of the Secretary that it will be economically impacted, by a nuclear power plant licensed by the Commission that— (i) is not co-located with an operating nuclear power plant; (ii) is at a site with spent nuclear fuel; and (iii) as of January 4, 2025 — (I) has ceased operations; or (II) has provided a written notification to the Commission that it will cease operations.
“renewable energy site” applies in that section
the term “renewable energy site” means a brownfield site that is redeveloped through the incorporation of 1 or more renewable energy technologies, including solar, wind, geothermal, ocean, and emerging, but proven, renewable energy technologies. (b) Establishment On the application of an eligible recipient, the Secretary may make a grant for a project for the development of a renewable energy site if the Secretary determines that the project will— (1) use 1 or more renewable energy technologies described in subsection (a), to develop abandoned or contaminated sites for commercial use; and (2) improve the commercial and economic opportunities in the area in which the project is located.
“broadband project” applies in that section
The term “broadband project” means, for the purposes of providing, extending, expanding, or improving high-speed broadband service to further the goals of this chapter— (A) planning, technical assistance, or training; (B) the acquisition or development of land; or (C) the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of facilities, including related machinery, equipment, contractual rights, and intangible property. (2) Eligible recipient (A) In general
“eligible recipient” applies in that section
The term “eligible recipient” means an eligible recipient. (B) Inclusions
“high-speed broadband” applies in that section
The term “high-speed broadband” means the provision of 2-way data transmission with sufficient downstream and upstream speeds to end users to permit effective participation in the economy and to support economic growth, as determined by the Secretary. (b) Broadband projects (1) In general On the application of an eligible recipient, the Secretary may make grants under this subchapter for broadband projects, which shall be subject to the provisions of this section.
“brownfield site” applies in that section
the term “brownfield site” has the meaning given the term in section 9601(39) of this title . (b) Report (1) In general Not later than 1 year after October 27, 2004 , the Comptroller General shall prepare a report that evaluates the grants made by the Economic Development Administration for the economic development of brownfield sites.
“Armed Forces” applies in that section
the term “Armed Forces” has the meaning given the term “armed forces” in section 101(a) of title 10 ;
“civilian employee” applies in that section
the term “civilian employee” has the meaning given the term “employee” in section 2105(a) of title 5 ; (3) the term “medical transition”, in the case of a member of the Armed Forces, means a member who— (A) is in Medical Holdover status; (B) is in Active Duty Medical Extension status; (C) is in Medical Hold status; (D) is in a status pending an evaluation by a medical evaluation board; (E) has a complex medical need requiring six or more months of medical treatment; or (F) is assigned or attached to an Army Warrior Transition Unit, an Air Force Patient Squadron, a Navy Patient Multidisciplinary Care Team, or a Marine Patient Affairs Team/Wounded Warrior Regiment; and;
“nonappropriated fund instrumentality employee” applies in that section
the term “nonappropriated fund instrumentality employee” means a civilian employee who— (A) is a citizen of the United States; and (B) is paid from nonappropriated funds of Army and Air Force Exchange Service, Navy Resale and Services Support Office, Marine Corps exchanges, or any other instrumentality of the United States under the jurisdiction of the Armed Forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.
“United States” applies in that section
the term “United States” means the several States and the District of Columbia. (m) Eligibility for benefits as to closure actions announced after April 1, 1973 ; criteria In addition to the coverage provided above, the benefits of subsection (a)(1) shall apply, as to closure actions in the several States and the District of Columbia announced after April 1, 1973 , to otherwise eligible employees or personnel who are (1) employed or assigned either at or near the base or installation affected by the closure action, and (2) are required to relocate, due to transfer, reassignment or involuntary termination of employment, for reasons other than the closure action.
“Administration for Community Living” applies in that section
the term “Administration for Community Living” means the Administration for Community Living of the Department of Health and Human Services;
“Federal agency” applies in that section
the term “Federal agency” has the meaning given to the term “agency” by section 551(1) of title 5 ;
“function” applies in that section
the term “function” means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and;
“NIDILRR” applies in that section
the term “NIDILRR” means the National Institute on Disability, Independent Living, and Rehabilitation Research of the Administration for Community Living of the Department of Health and Human Services; and;
“NIDRR” applies in that section
the term “NIDRR” means the National Institute on Disability and Rehabilitation Research of the Office of Special Education and Rehabilitative Services of the Department of Education. (2) Transfer of functions There are transferred to the NIDILRR, all functions which the Director of the NIDRR exercised before the effective date of this section (including all related functions of any officer or employee of the NIDRR). (3) Administrative matters (A) In general Subsections (d) through ( l ) shall apply to transfers described in paragraph (2).
“Rehabilitation Services Administration” applies in that section
the term “Rehabilitation Services Administration” means the Rehabilitation Services Administration of the Office of Special Education and Rehabilitative Services of the Department of Education. (b) Transfer of functions There are transferred to the Administration for Community Living, all functions which the Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related functions of any officer or employee of that Administration) under chapter 1 of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796 et seq.).
“applicant” applies in that section
The term “applicant” means any applicant or candidate that is being considered for receiving assistance. (2) Assistance
“assistance” applies in that section
The term “assistance” means any grant, loan, subsidy, guarantee, or other financial assistance under a program administered by the Secretary that provides by statute, regulation, or otherwise for the competitive distribution of such assistance. The term does not include any mortgage insurance provided under a program administered by the Secretary. (3) Covered selection information
“covered selection information” applies in that section
The term “covered selection information” means— (A) any information that is contained in any application or request for assistance, or any information regarding the decision of the Secretary to make available assistance or other information that is determined by the Secretary to be information that is not generally available to the public (not including program requirements and timing of the decision to make assistance available); and (B) any information that is required by statute, regulation, or order to be confidential. (4) Knowingly
“knowingly” applies in that section
The term “knowingly” means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section. (5) Selection
“selection” applies in that section
The term “selection” means the determination of which applicants for assistance are to receive assistance under the program. (6) Selection process
“selection process” applies in that section
The term “selection process” means the period with respect to a selection for assistance that begins with the development, preparation, and issuance of a solicitation or request for applications for the assistance and concludes with the selection of recipients of assistance, and includes the evaluation of applications. (f) Regulations The Secretary shall issue such regulations as the Secretary deems appropriate to implement this section. (g) Applicability This section shall apply only with respect to violations that occur on or after December, 15, 1989.
“program of the Department of Housing and Urban Development” applies in that section
The term “program of the Department of Housing and Urban Development” includes Indian housing programs assisted under title II 1 of the United States Housing Act of 1937. (b) Applicant and participant consent As a condition of initial or continuing eligibility for participation in any program of the Department of Housing and Urban Development involving initial and periodic review of an applicant’s or participant’s income, and to assure that the level of benefits provided under the program is correct, the Secretary may require that an applicant or participant— (1) sign a consent form approved by the Secretary authorizing the Secretary, the public housing agency, or the owner responsible for …
“public housing agency” applies in that section
The term “public housing agency” means any agency described in section 3(b)(6) of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b)(6) ]. (4) Program of the Department of Housing and Urban Development
“Secretary” applies in that section
The term “Secretary” means the Secretary of Housing and Urban Development. (2) Applicant; participant The terms “applicant” and “participant” shall have such meanings as the Secretary by regulation shall prescribe, except that such terms shall include members of an applicant’s or participant’s household, and such terms shall not include persons whose involvement is only in their official capacity, such as State or local government officials and officers of lending institutions. (3) Public housing agency
“assistance within the jurisdiction of the Department” applies in that section
The term “assistance within the jurisdiction of the Department” includes any contract, grant, loan, cooperative agreement, or other form of assistance, including the insurance or guarantee of a loan, mortgage, or pool of mortgages.;
“Department” applies in that section
The term “Department” means the Department of Housing and Urban Development.;
“funding decision” applies in that section
the term “funding decision” means the decision of the Secretary to make available grants, loans, or any other form of financial assistance to an individual or to an entity, including (but not limited to) a State or local government or agency thereof (including a public housing agency), an Indian tribe, or a nonprofit organization, under any program administered by the Department that provides, by statute, regulation, or otherwise, for the competitive distribution of financial assistance. (D) The Secretary shall publish a notice in the Federal Register at least annually informing the public of the allocation of assistance under section 1439(d)(1)(A) of this title .
“knowingly” applies in that section
The term “knowingly” means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section. (n) Effective date This section shall take effect on the date specified in regulations implementing this section that are issued by the Secretary after notice and public comment.
“person” applies in that section
The term “person” means an individual (including a consultant, lobbyist, or lawyer), corporation, company, association, authority, firm, partnership, society, State, local government, or any other organization or group of people.;
“Secretary” applies in that section
The term “Secretary” means the Secretary of Housing and Urban Development.;
“domestic product” applies in that section
the term “domestic product” means a product— (1) that is manufactured or produced in the United States; and (2) at least 50 percent of the cost of the articles, materials, or supplies of which are mined, produced, or manufactured in the United States.
“Indian Tribe” applies in that section
the term “Indian Tribe” means a federally recognized tribe, as defined in section 4103(13)(B) of title 25 .
“covered multifamily dwellings” applies in that section
the term “covered multifamily dwellings” means— (A) buildings consisting of 4 or more units if such buildings have one or more elevators; and (B) ground floor units in other buildings consisting of 4 or more units. (8) Nothing in this subchapter shall be construed to invalidate or limit any law of a State or political subdivision of a State, or other jurisdiction in which this subchapter shall be effective, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this subchapter.
“residential real estate-related transaction” applies in that section
the term “residential real estate-related transaction” means any of the following: (1) The making or purchasing of loans or providing other financial assistance— (A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or (B) secured by residential real estate. (2) The selling, brokering, or appraising of residential real property. (c) Appraisal exemption Nothing in this subchapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.
“fair housing enforcement organization” applies in that section
The term “fair housing enforcement organization” means any organization that— (A) meets the requirements specified in paragraph (1)(A); (B) is currently engaged in the activities specified in paragraph (1)(B); (C) upon the receipt of funds under this section will become engaged in all of the activities specified in paragraph (1)(B); and (D) for purposes of funding under subsection (b), has at least 1 year of experience in the activities specified in paragraph (1)(B).
“qualified fair housing enforcement organization” applies in that section
The term “qualified fair housing enforcement organization” means any organization that— (A) is organized as a private, tax-exempt, nonprofit, charitable organization; (B) has at least 2 years experience in complaint intake, complaint investigation, testing for fair housing violations and enforcement of meritorious claims; and (C) is engaged in all the activities listed in paragraph (1)(B) at the time of application for assistance under this section.
“improved real estate” applies in that section
the term “improved real estate” means real estate upon which a building is located; (9) “lender” means a regulated lending institution or Federal agency lender; (10) “regulated lending institution” means any bank, savings and loan association, credit union, farm credit bank, Federal land bank association, production credit association, or similar institution subject to the supervision of a Federal entity for lending regulation; and (11) “servicer” means the person responsible for receiving any scheduled periodic payments from a borrower pursuant to the terms of a loan, including amounts for taxes, insurance premiums, and other charges with respect to the property securing the loan, and …
“100-year floodplain” applies in that section
The term “100-year floodplain” means that area which is subject to inundation from a flood having a 1-percent chance of being equaled or exceeded in any given year. (2) 500-year floodplain
“500-year floodplain” applies in that section
The term “500-year floodplain” means that area which is subject to inundation from a flood having a 0.2-percent chance of being equaled or exceeded in any given year. (3) Administrator
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Federal Emergency Management Agency. (4) National Flood Insurance Program
“National Flood Insurance Program” applies in that section
The term “National Flood Insurance Program” means the program established under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq.). (5) Write Your Own
“Write Your Own” applies in that section
The term “Write Your Own” means the cooperative undertaking between the insurance industry and the Federal Insurance Administration which allows participating property and casualty insurance companies to write and service standard flood insurance policies. (b) Common terminology Except as otherwise provided in this subtitle, any terms used in this subtitle shall have the meaning given to such terms under section 1370 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4121 ).
“Administrator” applies throughout this title
The term “Administrator” means the Administrator of the Federal Emergency Management Agency. (2) National Flood Insurance Program
“National Flood Insurance Program” applies throughout this title
The term “National Flood Insurance Program” means the program established under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq.).
“enterprise” applies in that section
the term “enterprise” means the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (4) Notice and hearing A penalty under this subsection may be issued only after notice and an opportunity for a hearing on the record. (5) Amount A civil monetary penalty under this subsection may not exceed $2,000 for each violation under paragraph (2) or paragraph (3).
“private flood insurance” applies in that section
the term “private flood insurance” means an insurance policy that— (A) is issued by an insurance company that is— (i) licensed, admitted, or otherwise approved to engage in the business of insurance in the State or jurisdiction in which the insured building is located, by the insurance regulator of that State or jurisdiction; or (ii) in the case of a policy of difference in conditions, multiple peril, all risk, or other blanket coverage insuring nonresidential commercial property, is 1 recognized, or not disapproved, as a surplus lines insurer by the insurance regulator of the State or jurisdiction where the property to be insured is located; (B) provides flood insurance coverage which is …
“residential improved real estate” applies in that section
the term “residential improved real estate” means improved real estate for which the improvement is a residential building. (5) Applicability This subsection shall apply only with respect to any loan made, increased, extended, or renewed after the expiration of the 1-year period beginning on September 23, 1994 .
“representatives of the Administrator” applies in that section
the term “representatives of the Administrator” means representatives of the national flood insurance program who participate in the appeals process established under section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( 42 U.S.C. 4011 note).
“agricultural commodities” applies in that section
the term “agricultural commodities” means agricultural commodities and livestock. (b) Community rating system and incentives for community floodplain management (1) Authority and goals The Administrator shall carry out a community rating system program, under which communities participate voluntarily— (A) to provide incentives for measures that reduce the risk of flood or erosion damage that exceed the criteria set forth in section 4102 of this title and evaluate such measures; (B) to encourage adoption of more effective measures that protect natural and beneficial floodplain functions; (C) to encourage floodplain and erosion management; and (D) to promote the reduction of Federal flood …
“agricultural structure” applies in that section
the term “agricultural structure” means any structure used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities; and;
“mobile home” applies in that section
the term “mobile home” has the meaning given such term in the law of the State in which the mobile home is located.
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Federal Emergency Management Agency. (2) COASTAL Formula