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

“COASTAL Formula” applies in that section

The term “COASTAL Formula” means the formula established under subsection (b). (3) Coastal State

“coastal State” applies in that section

The term “coastal State” has the meaning given the term “coastal state” in section 1453 of title 16 , except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system. (4) Indeterminate loss (A) In general

“indeterminate loss” applies in that section

The term “indeterminate loss” means, as determined by an insurance claims adjuster certified under the national flood insurance program and in consultation with an engineer as appropriate, a loss resulting from physical damage to, or loss of, property located in any coastal State arising from the combined perils of flood and wind associated with a named storm.

“named storm” applies in that section

The term “named storm” means any organized weather system with a defined surface circulation and maximum sustained winds of not less than 39 miles per hour which the National Hurricane Center of the United States National Weather Service names as a tropical storm or a hurricane. (6) Post-storm assessment

“post-storm assessment” applies in that section

The term “post-storm assessment” means the post-storm assessment developed under section 3611(b) of title 33 . (7) State

“property” applies in that section

The term “property” means real or personal property that is insured under a standard insurance policy for loss or damage to structure or contents. (11) Under Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Homeland Security. (9) Standard insurance policy

“standard insurance policy” applies in that section

The term “standard insurance policy” means any insurance policy issued under the national flood insurance program that covers loss or damage to property resulting from water peril. (10) Property

“State” applies in that section

The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (8) Secretary

“Under Secretary” applies in that section

The term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere, in the Under Secretary’s capacity as Administrator of the National Oceanic and Atmospheric Administration. (b) Establishment of flood loss allocation formula for indeterminate claims (1) In general Not later than 180 days after the date on which the protocol is established under section 3611(c)(1) of title 33 , the Secretary, acting through the Administrator and in consultation with the Under Secretary, shall publish for comment in the Federal Register a standard formula to determine and allocate wind losses and flood losses for claims involving indeterminate losses.

“community” applies in that section

The term “community” means— (A) a political subdivision that— (i) has zoning and building code jurisdiction over a particular area having special flood hazards; and (ii) is participating in the national flood insurance program; or (B) a political subdivision of a State, or other authority, that is designated by political subdivisions, all of which meet the requirements of subparagraph (A), to administer grants for mitigation activities for such political subdivisions. (2) Repetitive loss structure

“repetitive loss structure” applies in that section

The term “repetitive loss structure” has the meaning given such term in section 4121 of this title . (3) Severe repetitive loss structure

“severe repetitive loss structure” applies in that section

The term “severe repetitive loss structure” means a structure that— (A) is covered under a contract for flood insurance made available under this chapter; and (B) has incurred flood-related damage— (i) for which 4 or more separate claims payments have been made under flood insurance coverage under this chapter, with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or (ii) for which at least 2 separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the value of the insured structure.

“Administrator” applies throughout its chapter

the term “Administrator” means the Administrator of the Federal Emergency Management Agency;

“Federal agency lender” applies throughout its chapter

the term “Federal agency lender” means a Federal agency that makes direct loans secured by improved real estate or a mobile home, to the extent such agency acts in such capacity;

“Federal entity for lending regulation” applies throughout its chapter

the term “Federal entity for lending regulation” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the National Credit Union Administration, and the Farm Credit Administration, and with respect to a particular regulated lending institution means the entity primarily responsible for the supervision of the institution;

“improved real estate” applies throughout its chapter

the term “improved real estate” means real estate upon which a building is located;

“insurance adjustment organization” applies throughout its chapter

the term “insurance adjustment organization” includes any organizations and persons engaged in the business of adjusting loss claims arising under insurance policies issued by any insurance company or other insurer;

“insurance agent or broker” applies throughout its chapter

the terms “insurance company”, “other insurer” and “insurance agent or broker” include any organization or person that is authorized to engage in the business of insurance under the laws of any State, subject to the reporting requirements of the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq.] pursuant to section 13(a) or 15(d) of such Act ( 15 U.S.C. 78m(a) and 78 o (d)), or authorized by the Administrator to assume reinsurance on risks insured by the flood insurance program;

“insurance company” applies throughout its chapter

the terms “insurance company”, “other insurer” and “insurance agent or broker” include any organization or person that is authorized to engage in the business of insurance under the laws of any State, subject to the reporting requirements of the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq.] pursuant to section 13(a) or 15(d) of such Act ( 15 U.S.C. 78m(a) and 78 o (d)), or authorized by the Administrator to assume reinsurance on risks insured by the flood insurance program;

“lender” applies throughout its chapter

the term “lender” means a regulated lending institution or Federal agency lender;

“natural and beneficial floodplain functions” applies throughout its chapter

the term “natural and beneficial floodplain functions” means— (A) the functions associated with the natural or relatively undisturbed floodplain that (i) moderate flooding, retain flood waters, reduce erosion and sedimentation, and mitigate the effect of waves and storm surge from storms, and (ii) reduce flood related damage; and (B) ancillary beneficial functions, including maintenance of water quality and recharge of ground water, that reduce flood related damage;

“other insurer” applies throughout its chapter

the terms “insurance company”, “other insurer” and “insurance agent or broker” include any organization or person that is authorized to engage in the business of insurance under the laws of any State, subject to the reporting requirements of the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq.] pursuant to section 13(a) or 15(d) of such Act ( 15 U.S.C. 78m(a) and 78 o (d)), or authorized by the Administrator to assume reinsurance on risks insured by the flood insurance program;

“person” applies throughout its chapter

the term “person” includes any individual or group of individuals, corporation, partnership, association, or any other organized group of persons, including State and local governments and agencies thereof;

“regulated lending institution” applies throughout its chapter

the term “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;

“repetitive loss structure” applies throughout its chapter

the term “repetitive loss structure” means a structure covered by a contract for flood insurance that— (A) has incurred flood-related damage on 2 occasions, in which the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at the time of each such flood event; and (B) at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage. 1;

“servicer” applies throughout its chapter

the term “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 making the payments of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the loan; and;

“substantially damaged structure” applies throughout its chapter

the term “substantially damaged structure” means a structure covered by a contract for flood insurance that has incurred damage for which the cost of repair exceeds an amount specified in any regulation promulgated by the Administrator, or by a community ordinance, whichever is lower.

“building” applies throughout its chapter

the term “building” means any building or facility (other than (A) a privately owned residential structure not leased by the Government for subsidized housing programs and (B) any building or facility on a military installation designed and constructed primarily for use by able bodied military personnel) the intended use for which either will require that such building or facility be accessible to the public, or may result in the employment or residence therein of physically handicapped persons, which building or facility is— (1) to be constructed or altered by or on behalf of the United States; (2) to be leased in whole or in part by the United States after August 12, 1968 ; (3) to be …

“categorical exclusion” applies throughout its subchapter

The term “categorical exclusion” means a category of actions that a Federal agency has determined normally does not significantly affect the quality of the human environment within the meaning of section 4332(2)(C) of this title . (2) Cooperating agency

“cooperating agency” applies throughout its subchapter

The term “cooperating agency” means any Federal, State, Tribal, or local agency that has been designated as a cooperating agency under section 4336a(a)(3) of this title . (3) Council

“Council” applies throughout its subchapter

The term “Council” means the Council on Environmental Quality established in subchapter II. (4) Environmental assessment

“environmental assessment” applies throughout its subchapter

The term “environmental assessment” means an environmental assessment prepared under section 4336(b)(2) of this title . (5) Environmental document

“environmental document” applies throughout its subchapter

The term “environmental document” means an environmental impact statement, an environmental assessment, or a finding of no significant impact. (6) Environmental impact statement

“environmental impact statement” applies throughout its subchapter

The term “environmental impact statement” means a detailed written statement that is required by section 4332(2)(C) of this title . (7) Finding of no significant impact

“finding of no significant impact” applies throughout its subchapter

The term “finding of no significant impact” means a determination by a Federal agency that a proposed agency action does not require the issuance of an environmental impact statement. (8) Participating Federal agency

“lead agency” applies throughout its subchapter

The term “lead agency” means, with respect to a proposed agency action— (A) the agency that proposed such action; or (B) if there are 2 or more involved Federal agencies with respect to such action, the agency designated under section 4336a(a)(1) of this title . (10) Major Federal action (A) In general

“major Federal action” applies throughout its subchapter

The term “major Federal action” means an action that the agency carrying out such action determines is subject to substantial Federal control and responsibility. (B) Exclusion The term “major Federal action” does not include— (i) a non-Federal action— (I) with no or minimal Federal funding; or (II) with no or minimal Federal involvement where a Federal agency cannot control the outcome of the project; (ii) funding assistance solely in the form of general revenue sharing funds which do not provide Federal agency compliance or enforcement responsibility over the subsequent use of such funds; (iii) loans, loan guarantees, or other forms of financial assistance where a Federal agency does not …

“participating Federal agency” applies throughout its subchapter

The term “participating Federal agency” means a Federal agency participating in an environmental review or authorization of an action. (9) Lead agency

“programmatic environmental document” applies throughout its subchapter

The term “programmatic environmental document” means an environmental impact statement or environmental assessment analyzing all or some of the environmental effects of a policy, program, plan, or group of related actions. (12) Proposal

“proposal” applies throughout its subchapter

The term “proposal” means a proposed action at a stage when an agency has a goal, is actively preparing to make a decision on one or more alternative means of accomplishing that goal, and can meaningfully evaluate its effects. (13) Special expertise

“special expertise” applies throughout its subchapter

The term “special expertise” means statutory responsibility, agency mission, or related program experience.

“qualified citizens group” applies in that section

The term “qualified citizens group” shall mean a nonprofit organization of citizens having an area based focus, which is not single-issue oriented and which can demonstrate a prior record of interest and involvement in goal-setting and research concerned with improving the quality of life, including plans to identify, protect and enhance significant natural and cultural resources and the environment. (4) A citizens group shall be eligible for assistance only if certified by the Governor in consultation with the State legislature as a bonafide organization entitled to receive Federal assistance to pursue the aims of this program.

“Administrator” applies in that section

The term “Administrator” means the Administrator of the Environmental Protection Agency. (d) General assistance program (1) The Administrator of the Environmental Protection Agency shall establish an Indian Environmental General Assistance Program that provides grants to eligible Indian tribal governments or intertribal consortia to cover the costs of planning, developing, and establishing environmental protection programs consistent with other applicable provisions of law providing for enforcement of such laws by Indian tribes on Indian lands.

“Indian tribal government” applies in that section

The term “Indian tribal government” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601, et seq.)), which is recognized as eligible for the special services provided by the United States to Indians because of their status as Indians.;

“intertribal consortia” applies in that section

The term “intertribal consortia” or “intertribal consortium” means a partnership between two or more Indian tribal governments authorized by the governing bodies of those tribes to apply for and receive assistance pursuant to this section.;

“intertribal consortium” applies in that section

The term “intertribal consortia” or “intertribal consortium” means a partnership between two or more Indian tribal governments authorized by the governing bodies of those tribes to apply for and receive assistance pursuant to this section.;

“agency” applies throughout its subchapter

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

“agency CERPO” applies throughout its subchapter

The term “agency CERPO” means the chief environmental review and permitting officer of an agency, as designated by the head of the agency under section 4370m–1(b)(2)(A)(iii)(I) of this title . (3) Authorization

“authorization” applies throughout its subchapter

The term “authorization” means any license, permit, approval, finding, determination, or other administrative decision issued by an agency and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of a covered project administered by a Federal agency or, in the case of a State that chooses to participate in the environmental review and authorization process in accordance with section 4370m–2(c)(3)(A) of this title , a State agency. (4) Cooperating agency

“cooperating agency” applies throughout its subchapter

The term “cooperating agency” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). (5) Council

“Council” applies throughout its subchapter

The term “Council” means the Federal Permitting Improvement Steering Council established under section 4370m–1(a) of this title . (6) Covered project (A) In general

“covered project” applies throughout its subchapter

The term “covered project” means any activity in the United States that requires authorization or environmental review by a Federal agency involving construction of infrastructure for renewable or conventional energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware and software, quantum information science and technology, data storage and data management, cybersecurity, carbon capture, energy storage, or any other sector as determined by a majority vote of the Council …

“Dashboard” applies throughout its subchapter

The term “Dashboard” means the Permitting Dashboard required under section 4370m–2(b) of this title . (8) Environmental assessment

“environmental assessment” applies throughout its subchapter

The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). (9) Environmental document (A) In general

“environmental document” applies throughout its subchapter

The term “environmental document” means an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision. (B) Inclusions

“environmental impact statement” applies throughout its subchapter

The term “environmental impact statement” means the detailed written statement required under section 102(2)(C) of NEPA [ 42 U.S.C. 4332(2)(C) ]. (11) Environmental review

“environmental review” applies throughout its subchapter

The term “environmental review” means the agency procedures and processes for applying a categorical exclusion or for preparing an environmental assessment, an environmental impact statement, or other document required under NEPA. (12) Executive Director

“Executive Director” applies throughout its subchapter

The term “Executive Director” means the Executive Director appointed by the President under section 4370m–1(b)(1)(A) of this title . (13) Facilitating agency

“facilitating agency” applies throughout its subchapter

The term “facilitating agency” means the agency that receives the initial notification from the project sponsor required under section 4370m–2(a) of this title . (14) Inventory

“inventory” applies throughout its subchapter

The term “inventory” means the inventory of covered projects established by the Executive Director under section 4370m–1(c)(1)(A) of this title . (15) Lead agency

“lead agency” applies throughout its subchapter

The term “lead agency” means the agency with principal responsibility for an environmental review of a covered project under NEPA and parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations). (16) NEPA

“NEPA” applies throughout its subchapter

The term “NEPA” means the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (17) Participating agency

“participating agency” applies throughout its subchapter

The term “participating agency” means an agency participating in an environmental review or authorization for a covered project in accordance with section 4370m–2 of this title . (18) Project sponsor

“project sponsor” applies throughout its subchapter

The term “project sponsor” means an entity, including any private, public, or public-private entity, seeking an authorization for a covered project.

“reasonable costs” applies in that section

the term “reasonable costs” shall include costs to implement the requirements and authorities required under sections 4370m–1 through 4370m–7 of this title, including the costs to agencies and the costs of operating the Council.

“appraisal” applies throughout its chapter

The term “appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

“business” applies throughout its chapter

The term “business” means any lawful activity, excepting a farm operation, conducted primarily— (A) for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (B) for the sale of services to the public; (C) by a nonprofit organization; or (D) solely for the purposes of section 4622 of this title , for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the …

“comparable replacement dwelling” applies throughout its chapter

The term “comparable replacement dwelling” means any dwelling that is (A) decent, safe, and sanitary; (B) adequate in size to accommodate the occupants; (C) within the financial means of the displaced person; (D) functionally equivalent; (E) in an area not subject to unreasonable adverse environmental conditions; and (F) in a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment.;

“displaced person” applies throughout its chapter

The term “displaced person” means, except as provided in subparagraph (B)— (i) any person who moves from real property, or moves his personal property from real property— (I) as a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with Federal financial assistance; or (II) on which such person is a residential tenant or conducts a small business, a farm operation, or a business defined in paragraph (7)(D), as a direct result of rehabilitation, demolition, or such other displacing activity as the lead agency may prescribe, under a program or project undertaken by a …

“displacing agency” applies throughout its chapter

The term “displacing agency” means any Federal agency carrying out a program or project, and any State, State agency, or person carrying out a program or project with Federal financial assistance, which causes a person to be a displaced person.;

“farm operation” applies throughout its chapter

The term “farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.;

“Federal agency” applies throughout its chapter

The term “Federal agency” means any department, agency, or instrumentality in the executive branch of the Government, any wholly owned Government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under Federal law.;

“Federal financial assistance” applies throughout its chapter

The term “Federal financial assistance” means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the District of Columbia.;

“lead agency” applies throughout its chapter

The term “lead agency” means the Department of Transportation.;

“mortgage” applies throughout its chapter

The term “mortgage” means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State in which the real property is located, together with the credit instruments, if any, secured thereby.;

“person” applies throughout its chapter

The term “person” means any individual, partnership, corporation, or association. (6);

“State” applies throughout its chapter

The term “State” means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, the Trust Territory of the Pacific Islands, and any political subdivision thereof.;

“State agency” applies throughout its chapter

The term “State agency” means any department, agency, or instrumentality of a State or of a political subdivision of a State, any department, agency, or instrumentality of 2 or more States or of 2 or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent domain under State law.;

“acquiring agency” applies in that section

the term “acquiring agency” means— (1) a State agency (as defined in section 4601(3) of this title ) which has the authority to acquire property by eminent domain under State law, and (2) a State agency or person which does not have such authority, to the extent provided by the head of the lead agency by regulation.

“lead-based paint” applies throughout its chapter

the term “lead-based paint” means any paint containing more than five-tenths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

“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.;

“units of general local government” applies throughout its chapter

The term “units of general local government” means (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, (B) any combination of units of general local government in one or more States, (C) an Indian tribe, or (D) with respect to lead-based paint poisoning elimination activities in their urban areas, the territories and possessions of the United States. (3) (A) Except as provided in subparagraph (B),

“abatement” applies throughout its chapter

The term “abatement” means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by appropriate Federal agencies. Such term includes— (A) the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and (B) all preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures. (2) Accessible surface

“accessible surface” applies throughout its chapter

The term “accessible surface” means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew. (3) Certified contractor

“certified contractor” applies throughout its chapter

The term “certified contractor” means— (A) a contractor, inspector, or supervisor who has completed a training program certified by the appropriate Federal agency and has met any other requirements for certification or licensure established by such agency or who has been certified by any State through a program which has been found by such Federal agency to be at least as rigorous as the Federal certification program; and (B) workers or designers who have fully met training requirements established by the appropriate Federal agency. (4) Contract for the purchase and sale of residential real property

“contract for the purchase and sale of residential real property” applies throughout its chapter

The term “contract for the purchase and sale of residential real property” means any contract or agreement in which one party agrees to purchase an interest in real property on which there is situated 1 or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. (5) Deteriorated paint

“deteriorated paint” applies throughout its chapter

The term “deteriorated paint” means any interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated. (6) Evaluation

“evaluation” applies throughout its chapter

The term “evaluation” means risk assessment, inspection, or risk assessment and inspection. (7) Federally assisted housing

“Federal agency” applies in that section

the term “Federal agency” includes the Department of Housing and Urban Development, the Farmers Home Administration, the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, the General Services Administration, the Department of Defense, the Department of Veterans Affairs, the Department of the Interior, the Department of Transportation, and any other Federal agency. (9) Federally supported work

“federally assisted housing” applies throughout its chapter

The term “federally assisted housing” means residential dwellings receiving project-based assistance under programs including— (A) section 1715 l (d)(3) or 1715z–1 of title 12; (B) section 1 of the Housing and Urban Development Act of 1965; (C) section 1437f of this title ; or (D) sections 1472(a), 1474, 1484, 1485, 1486 and 1490m of this title. (8) Federally owned housing

“federally owned housing” applies throughout its chapter

The term “federally owned housing” means residential dwellings owned or managed by a Federal agency, or for which a Federal agency is a trustee or conservator. For the purpose of this paragraph,

“federally supported work” applies in that section

The term “federally supported work” means any lead hazard evaluation or reduction activities conducted in federally owned or assisted housing or funded in whole or in part through any financial assistance program of the Department of Housing and Urban Development, the Farmers Home Administration, or the Department of Veterans Affairs. (10) Friction surface

“friction surface” applies in that section

The term “friction surface” means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces. (11) Impact surface

“impact surface” applies in that section

The term “impact surface” means an interior or exterior surface that is subject to damage by repeated impacts, for example, certain parts of door frames. (12) Inspection

“inspection” applies in that section

The term “inspection” means a surface-by-surface investigation to determine the presence of lead-based paint as provided in section 4822(c) of this title and the provision of a report explaining the results of the investigation. (13) Interim controls

“interim controls” applies in that section

The term “interim controls” means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs. (14) Lead-based paint

“lead-based paint” applies in that section

The term “lead-based paint” means paint or other surface coatings that contain lead in excess of limits established under section 4822(c) of this title . (15) Lead-based paint hazard

“lead-based paint hazard” applies in that section

The term “lead-based paint hazard” means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate Federal agency. (16) Lead-contaminated dust

“lead-contaminated dust” applies in that section

The term “lead-contaminated dust” means surface dust in residential dwellings that contains an area or mass concentration of lead in excess of levels determined by the appropriate Federal agency to pose a threat of adverse health effects in pregnant women or young children. (17) Lead-contaminated soil

“lead-contaminated soil” applies in that section

The term “lead-contaminated soil” means bare soil on residential real property that contains lead at or in excess of the levels determined to be hazardous to human health by the appropriate Federal agency. (18) Mortgage loan

“mortgage loan” applies in that section

The term “mortgage loan” includes any loan (other than temporary financing such as a construction loan) that— (A) is secured by a first lien on any interest in residential real property; and (B) either— (i) is insured, guaranteed, made, or assisted by the Department of Housing and Urban Development, the Department of Veterans Affairs, or the Farmers Home Administration, or by any other agency of the Federal Government; or (ii) is intended to be sold by each originating mortgage institution to any federally chartered secondary mortgage market institution. (19) Originating mortgage institution

“originating mortgage institution” applies in that section

The term “originating mortgage institution” means a lender that provides mortgage loans. (20) Priority housing

“priority housing” applies in that section

The term “priority housing” means target housing that qualifies as affordable housing under section 12745 of this title , including housing that receives assistance under subsection (b) or ( o ) of section 1437f of this title . (21) Public housing

“public housing” applies in that section

The term “public housing” has the same meaning given the term in section 1437a(b) of this title . (22) Reduction

“reduction” applies in that section

The term “reduction” means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. (23) Residential dwelling

“residential dwelling” applies in that section

The term “residential dwelling” means— (A) a single-family dwelling, including attached structures such as porches and stoops; or (B) a single-family dwelling unit in a structure that contains more than 1 separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. (24) Residential real property

“residential real property” applies in that section

The term “residential real property” means real property on which there is situated 1 or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. (25) Risk assessment

“risk assessment” applies in that section

The term “risk assessment” means an on-site investigation to determine and report the existence, nature, severity and location of lead-based paint hazards in residential dwellings, including— (A) information gathering regarding the age and history of the housing and occupancy by children under age 6; (B) visual inspection; (C) limited wipe sampling or other environmental sampling techniques; (D) other activity as may be appropriate; and (E) provision of a report explaining the results of the investigation. (26) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Housing and Urban Development. (27) Target housing

“target housing” applies in that section

The term “target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing). In the case of jurisdictions which banned the sale or use of lead-based paint prior to 1978, the Secretary, at the Secretary’s discretion, may designate an earlier date.

“Administrator” applies throughout its chapter

The term “Administrator” means the Administrator of the Environmental Protection Agency.;

“commerce” applies throughout its chapter

The term “commerce” means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).;

“distribute in commerce” applies throughout its chapter

The term “distribute in commerce” means sell in, offer for sale in, or introduce or deliver for introduction into, commerce.;

“environmental noise” applies throughout its chapter

The term “environmental noise” means the intensity, duration, and the character of sounds from all sources.

“Federal agency” applies throughout its chapter

The term “Federal agency” means an executive agency (as defined in section 105 of title 5 ) and includes the United States Postal Service.;

“manufacturer” applies throughout its chapter

The term “manufacturer” means any person engaged in the manufacturing or assembling of new products, or the importing of new products for resale, or who acts for, and is controlled by, any such person in connection with the distribution of such products.;

“new product” applies throughout its chapter

The term “new product” means (A) a product the equitable or legal title of which has never been transferred to an ultimate purchaser, or (B) a product which is imported or offered for importation into the United States and which is manufactured after the effective date of a regulation under section 4905 or 4907 of this title which would have been applicable to such product had it been manufactured in the United States.;

“person” applies throughout its chapter

The term “person” means an individual, corporation, partnership, or association, and (except as provided in sections 4910(e) and 4911(a) of this title) includes any officer, employee, department, agency, or instrumentality of the United States, a State, or any political subdivision of a State.;

“product” applies throughout its chapter

The term “product” means any manufactured article or goods or component thereof; except that such term does not include— (A) any aircraft, aircraft engine, propeller, or appliance, as such terms are defined in section 40102(a) of title 49 ; or (B) (i) any military weapons or equipment which are designed for combat use; (ii) any rockets or equipment which are designed for research, experimental, or developmental work to be performed by the National Aeronautics and Space Administration; or (iii) to the extent provided by regulations of the Administrator, any other machinery or equipment designed for use in experimental work done by or for the Federal Government.;

“State” applies throughout its chapter

The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands.;

“ultimate purchaser” applies throughout its chapter

The term “ultimate purchaser” means the first person who in good faith purchases a product for purposes other than resale.;

“noise control requirement” applies in that section

the term “noise control requirement” means paragraph (1), (2), (3), (4), or (5) of section 4909(a) of this title , or a standard, rule, or regulation issued under section 4916 or 4917 of this title or under section 44715 of title 49 .

“Committee” applies in that section

The term “Committee” means the Low-Noise-Emission Product Advisory Committee.;

“Federal Government” applies in that section

The term “Federal Government” includes the legislative, executive, and judicial branches of the Government of the United States, and the government of the District of Columbia.;

“low-noise-emission product” applies in that section

The term “low-noise-emission product” means any product which emits noise in amounts significantly below the levels specified in noise emission standards under regulations applicable under section 4905 of this title at the time of procurement to that type of product.;

“retail price” applies in that section

The term “retail price” means (A) the maximum statutory price applicable to any type of product; or (B) in any case where there is no applicable maximum statutory price, the most recent procurement price paid for any type of product. (b) Certification of products; Low-Noise-Emission Product Advisory Committee (1) The Administrator shall determine which products qualify as low-noise-emission products in accordance with the provisions of this section.

“motor carrier” applies in that section

the term “motor carrier” includes a motor carrier and motor private carrier as those terms are defined in section 13102 of title 49 .

“Federal office” applies in that section

the term “Federal office” has the same meaning given such term by section 30101(3) of title 52 . (b) Prohibition on program identification (1) Programs assisted under this chapter shall not be carried on in a manner involving the use of funds, the provision of services, or the employment or assignment of personnel in a manner supporting or resulting in the identification of such programs with— (A) any partisan or nonpartisan political activity associated with a candidate, or a contending faction or group, in an election for public or party office; (B) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such …

“qualified individual with a disability” applies in that section

the term “qualified individual with a disability” has the meaning given the term in section 12111(8) of this title . (b) Federal financial assistance Any assistance provided under this chapter shall constitute Federal financial assistance for purposes of title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), and the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq.).

“authorizing committees” applies throughout its chapter

the term “authorizing committees” means the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

“Corporation” applies throughout its chapter

the term “Corporation” means the Corporation for National and Community Service established under section 12651 of this title ;

“Director” applies throughout its chapter

the term “Director” means the Chief Executive Officer of the Corporation for National and Community Service appointed under section 12651c of this title ;

“Federal, State, or local agencies” applies throughout its chapter

the terms “public agencies or organizations” and “Federal, State, or local agencies” shall include any Indian tribe, band, nation, or other organized group or community (including any Alaskan native village or regional village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.]) which is recognized by the United States or the State in which it resides as eligible for special programs and services provided to Indians because of their status as Indians;

“foster grandparent” applies throughout its chapter

the term “foster grandparent” means a volunteer in the Foster Grandparent Program;

“Foster Grandparent Program” applies throughout its chapter

the term “Foster Grandparent Program” means the program established under part B of subchapter II; (10) except as provided in section 5057 of this title ,

“individual with a disability” applies throughout its chapter

the term “individual with a disability” has the meaning given the term in section 705(20)(B) of title 29 ;

“Inspector General” applies throughout its chapter

the term “Inspector General” means the Inspector General of the Corporation;

“National Senior Service Corps” applies throughout its chapter

the term “National Senior Service Corps” means the programs established under parts A, B, C, and E of subchapter II;

“national senior volunteer” applies throughout its chapter

the term “national senior volunteer” means a volunteer in the National Senior Service Corps;

“poverty line for a single individual” applies throughout its chapter

the term “poverty line for a single individual” means such poverty line as established by the Director of the Office of Management and Budget in accordance with section 9902(2) of this title ;

“public agencies or organizations” applies throughout its chapter

the terms “public agencies or organizations” and “Federal, State, or local agencies” shall include any Indian tribe, band, nation, or other organized group or community (including any Alaskan native village or regional village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.]) which is recognized by the United States or the State in which it resides as eligible for special programs and services provided to Indians because of their status as Indians;

“Retired and Senior Volunteer Program” applies throughout its chapter

the term “Retired and Senior Volunteer Program” means the program established under part A of subchapter II;

“retired or senior volunteer” applies throughout its chapter

the term “retired or senior volunteer” means a volunteer in the Retired and Senior Volunteer Program;

“senior companion” applies throughout its chapter

the term “senior companion” means a volunteer in the Senior Companion Program;

“Senior Companion Program” applies throughout its chapter

the term “Senior Companion Program” means the program established under part C of subchapter II;

“States” applies throughout its chapter

the terms “United States” and “States” mean the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, and 1 American Samoa, the Commonwealth of the Northern Mariana Islands, and, for the purposes of subchapter II of this chapter, the Trust Territory of the Pacific Islands; (3) 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; (4) the term “poor” or “low-income” persons, individuals, or …

“United States” applies throughout its chapter

the terms “United States” and “States” mean the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, and 1 American Samoa, the Commonwealth of the Northern Mariana Islands, and, for the purposes of subchapter II of this chapter, the Trust Territory of the Pacific Islands; (3) 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; (4) the term “poor” or “low-income” persons, individuals, or …

“VISTA” applies throughout its chapter

the terms “VISTA” and “Volunteers in Service to America” mean the program established under part A of subchapter I;

“VISTA volunteer” applies throughout its chapter

the term “VISTA volunteer” means a volunteer in VISTA; and;