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

“capacity factor” applies throughout its subchapter

The term “capacity factor” means the ratio between the actual electric output from a unit and the potential electric output from that unit.;

“commenced commercial operation” applies throughout its subchapter

The term “commenced commercial operation” means to have begun to generate electricity for sale.;

“compliance plan” applies throughout its subchapter

The term “compliance plan” means, for purposes of the requirements of this subchapter, either— (A) a statement that the source will comply with all applicable requirements under this subchapter, or (B) where applicable, a schedule and description of the method or methods for compliance and certification by the owner or operator that the source is in compliance with the requirements of this subchapter.

“construction” applies throughout its subchapter

The term “construction” means fabrication, erection, or installation of an affected unit.;

“designated representative” applies in that section

The term “designated representative” means a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for the unit.;

“existing unit” applies throughout its subchapter

The term “existing unit” means a unit (including units subject to section 7411 of this title ) that commenced commercial operation before November 15, 1990 . Any unit that commenced commercial operation before November 15, 1990 , which is modified, reconstructed, or repowered after November 15, 1990 , shall continue to be an existing unit for the purposes of this subchapter. For the purposes of this subchapter, existing units shall not include simple combustion turbines, or units which serve a generator with a nameplate capacity of 25MWe or less.;

“generator” applies throughout its subchapter

The term “generator” means a device that produces electricity and which is reported as a generating unit pursuant to Department of Energy Form 860.;

“industrial source” applies throughout its subchapter

The term “industrial source” means a unit that does not serve a generator that produces electricity, a “nonutility unit” as defined in this section, or a process source as defined in section 7651i(e) 5 of this title.;

“life-of-the-unit, firm power contractual arrangement” applies in that section

The term “life-of-the-unit, firm power contractual arrangement” means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of capacity and associated energy generated by a specified generating unit (or units) and pays its proportional amount of such unit’s total costs, pursuant to a contract either— (A) for the life of the unit; (B) for a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or (C) for a period equal to or greater than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit …

“new unit” applies throughout its subchapter

The term “new unit” means a unit that commences commercial operation on or after November 15, 1990 .;

“nonutility unit” applies in that section

The term “nonutility unit” means a unit other than a utility unit.;

“permitting authority” applies throughout its subchapter

The term “permitting authority” means the Administrator, or the State or local air pollution control agency, with an approved permitting program under part B 3 of title III of the Act.;

“Phase II bonus allowance allocations” applies in that section

The term “Phase II bonus allowance allocations” means, for calendar year 2000 through 2009, inclusive, and only for such years, allocations made by the Administrator pursuant to section 7651b of this title , subsections (a)(2), (b)(2), (c)(4), (d)(3) (except as otherwise provided therein), and (h)(2) of section 7651d of this title , and section 7651e of this title .

“qualifying phase I technology” applies throughout its subchapter

The term “qualifying phase I technology” means a technological system of continuous emission reduction which achieves a 90 percent reduction in emissions of sulfur dioxide from the emissions that would have resulted from the use of fuels which were not subject to treatment prior to combustion.;

“repowering” applies throughout its subchapter

The term “repowering” means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread …

“reserve” applies throughout its subchapter

The term “reserve” means any bank of allowances established by the Administrator under this subchapter.;

“State” applies throughout its subchapter

The term “State” means one of the 48 contiguous States and the District of Columbia.;

“unit” applies throughout its subchapter

The term “unit” means a fossil fuel-fired combustion device. (16) The term “actual 1985 emission rate”, for electric utility units means the annual sulfur dioxide or nitrogen oxides emission rate in pounds per million Btu as reported in the NAPAP Emissions Inventory, Version 2, National Utility Reference File. For nonutility units,

“utility unit” applies throughout its subchapter

The term “utility unit” means— (i) a unit that serves a generator in any State that produces electricity for sale, or (ii) a unit that, during 1985, served a generator in any State that produced electricity for sale. (B) Notwithstanding subparagraph (A), a unit described in subparagraph (A) that— (i) was in commercial operation during 1985, but (ii) did not, during 1985, serve a generator in any State that produced electricity for sale shall not be a utility unit for purposes of this subchapter.

“electric utility” applies in that section

The term “electric utility” means any person, State agency, or Federal agency, which sells electric energy. (2) Allowances for emissions avoided through energy conservation and renewable energy (A) In general The regulations under paragraph (4) of this subsection shall provide that for each ton of sulfur dioxide emissions avoided by an electric utility, during the applicable period, through the use of qualified energy conservation measures or qualified renewable energy, the Administrator shall allocate a single allowance to such electric utility, on a first-come-first-served basis from the Conservation and Renewable Energy Reserve established under subsection (g), up to a total of 300,000 …

“qualified energy conservation measure” applies in that section

The term “qualified energy conservation measure” means a cost effective measure, as identified by the Administrator in consultation with the Secretary of Energy, that increases the efficiency of the use of electricity provided by an electric utility to its customers. (B) Qualified renewable energy

“qualified renewable energy” applies in that section

The term “qualified renewable energy” means energy derived from biomass, solar, geothermal, or wind as identified by the Administrator in consultation with the Secretary of Energy. (C) Electric utility

“small refinery” applies in that section

the term “small refinery” shall mean a refinery or portion of a refinery— (A) which, as of November 15, 1990 , has bona fide crude oil throughput of less than 18,250,000 barrels per year, as reported to the Department of Energy, and (B) which, as of November 15, 1990 , is owned or controlled by a refiner with a total combined bona fide crude oil throughput of less than 50,187,500 barrels per year, as reported to the Department of Energy. (4) Limitation per refinery The maximum number of allowances that can be annually allocated to a small refinery pursuant to this subsection is one thousand and five hundred.

“independent power producer” applies in that section

The term “independent power producer” means any person who owns or operates, in whole or in part, one or more new independent power production facilities.;

“new independent power production facility” applies in that section

The term “new independent power production facility” means a facility that— (A) is used for the generation of electric energy, 80 percent or more of which is sold at wholesale; (B) is nonrecourse project-financed (as such term is defined by the Secretary of Energy within 3 months of November 15, 1990 ); (C) does not generate electric energy sold to any affiliate (as defined in section 79b(a)(11) 1 of title 15) of the facility’s owner or operator unless the owner or operator of the facility demonstrates that it cannot obtain allowances from the affiliate; and (D) is a new unit required to hold allowances under this subchapter.;

“required allowances” applies in that section

The term “required allowances” means the allowances required to operate such unit for so much of the unit’s useful life as occurs after January 1, 2000 . (b) Special reserve of allowances Within 36 months after November 15, 1990 , the Administrator shall promulgate regulations establishing a Special Allowance Reserve containing allowances to be sold under this section.

“major source” applies throughout its subchapter

The term “major source” means any stationary source (or any group of stationary sources located within a contiguous area and under common control) that is either of the following: (A) A major source as defined in section 7412 of this title . (B) A major stationary source as defined in section 7602 of this title or part D of subchapter I. (3) Schedule of compliance

“permitting authority” applies throughout its subchapter

The term “permitting authority” means the Administrator or the air pollution control agency authorized by the Administrator to carry out a permit program under this subchapter.

“schedule of compliance” applies throughout its subchapter

The term “schedule of compliance” means a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with an applicable implementation plan, emission standard, emission limitation, or emission prohibition. (4) Permitting authority

“regulated pollutant” applies in that section

the term “regulated pollutant” shall mean (I) a volatile organic compound; (II) each pollutant regulated under section 7411 or 7412 of this title; and (III) each pollutant for which a national primary ambient air quality standard has been promulgated (except that carbon monoxide shall be excluded from this reference). (iii) In determining the amount under clause (i), the permitting authority is not required to include any amount of regulated pollutant emitted by any source in excess of 4,000 tons per year of that regulated pollutant.

“small business stationary source” applies in that section

the term “small business stationary source” means a stationary source that— (A) is owned or operated by a person that employs 100 or fewer individuals, 1 (B) is a small business concern as defined in the Small Business Act [ 15 U.S.C. 631 et seq.]; (C) is not a major stationary source; (D) does not emit 50 tons or more per year of any regulated pollutant; and (E) emits less than 75 tons per year of all regulated pollutants.

“appliance” applies throughout its subchapter

The term “appliance” means any device which contains and uses a class I or class II substance as a refrigerant and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer. (2) Baseline year

“baseline year” applies throughout its subchapter

The term “baseline year” means— (A) the calendar year 1986, in the case of any class I substance listed in Group I or II under section 7671a(a) of this title , (B) the calendar year 1989, in the case of any class I substance listed in Group III, IV, or V under section 7671a(a) of this title , and (C) a representative calendar year selected by the Administrator, in the case of— (i) any substance added to the list of class I substances after the publication of the initial list under section 7671a(a) of this title , and (ii) any class II substance. (3) Class I substance

“class I substance” applies throughout its subchapter

The term “class I substance” means each of the substances listed as provided in section 7671a(a) of this title . (4) Class II substance

“class II substance” applies throughout its subchapter

The term “class II substance” means each of the substances listed as provided in section 7671a(b) of this title . (5) Commissioner

“Commissioner” applies throughout its subchapter

The term “Commissioner” means the Commissioner of the Food and Drug Administration. (6) Consumption

“consumption” applies throughout its subchapter

The term “consumption” means, with respect to any substance, the amount of that substance produced in the United States, plus the amount imported, minus the amount exported to Parties to the Montreal Protocol. Such term shall be construed in a manner consistent with the Montreal Protocol. (7) Import

“import” applies throughout its subchapter

The term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (8) Medical device

“medical device” applies throughout its subchapter

The term “medical device” means any device (as defined in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )), diagnostic product, drug (as defined in the Federal Food, Drug, and Cosmetic Act), and drug delivery system— (A) if such device, product, drug, or drug delivery system utilizes a class I or class II substance for which no safe and effective alternative has been developed, and where necessary, approved by the Commissioner; and (B) if such device, product, drug, or drug delivery system, has, after notice and opportunity for public comment, been approved and determined to be essential by the Commissioner in consultation with the Administrator. (9) Montreal Protocol

“Montreal Protocol” applies throughout its subchapter

The terms “Montreal Protocol” and “the Protocol” mean the Montreal Protocol on Substances that Deplete the Ozone Layer, a protocol to the Vienna Convention for the Protection of the Ozone Layer, including adjustments adopted by Parties thereto and amendments that have entered into force. (10) Ozone-depletion potential

“ozone-depletion potential” applies throughout its subchapter

The term “ozone-depletion potential” means a factor established by the Administrator to reflect the ozone-depletion potential of a substance, on a mass per kilogram basis, as compared to chlorofluorocarbon-11 (CFC–11). Such factor shall be based upon the substance’s atmospheric lifetime, the molecular weight of bromine and chlorine, and the substance’s ability to be photolytically disassociated, and upon other factors determined to be an accurate measure of relative ozone-depletion potential.

“the Protocol” applies throughout its subchapter

The terms “Montreal Protocol” and “the Protocol” mean the Montreal Protocol on Substances that Deplete the Ozone Layer, a protocol to the Vienna Convention for the Protection of the Ozone Layer, including adjustments adopted by Parties thereto and amendments that have entered into force. (10) Ozone-depletion potential

“refrigerant” applies in that section

the term “refrigerant” means any class II substance used for heat transfer in a refrigerating system. (b) Production phase-out (1) Effective January 1, 2015 , it shall be unlawful for any person to produce any class II substance in an annual quantity greater than the quantity of such substance produced by such person during the baseline year. (2) Effective January 1, 2030 , it shall be unlawful for any person to produce any class II substance.

“appliance” applies in that section

the term “appliance” includes any device which contains and uses as a refrigerant a substitute substance and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer.

“approved refrigerant recycling equipment” applies in that section

The term “approved refrigerant recycling equipment” means equipment certified by the Administrator (or an independent standards testing organization approved by the Administrator) to meet the standards established by the Administrator and applicable to equipment for the extraction and reclamation of refrigerant from motor vehicle air conditioners. Such standards shall, at a minimum, be at least as stringent as the standards of the Society of Automotive Engineers in effect as of November 15, 1990 , and applicable to such equipment (SAE standard J–1990).

“properly trained and certified” applies in that section

The term “properly trained and certified” means training and certification in the proper use of approved refrigerant recycling equipment for motor vehicle air conditioners in conformity with standards established by the Administrator and applicable to the performance of service on motor vehicle air conditioners. Such standards shall, at a minimum, be at least as stringent as specified, as of November 15, 1990 , in SAE standard J–1989 under the certification program of the National Institute for Automotive Service Excellence (ASE) or under a similar program such as the training and certification program of the Mobile Air Conditioning Society (MACS).

“properly using” applies in that section

The term “properly using” means, with respect to approved refrigerant recycling equipment, using such equipment in conformity with standards established by the Administrator and applicable to the use of such equipment. Such standards shall, at a minimum, be at least as stringent as the standards of the Society of Automotive Engineers in effect as of November 15, 1990 , and applicable to the use of such equipment (SAE standard J–1989).;

“refrigerant” applies in that section

The term “refrigerant” means any class I or class II substance used in a motor vehicle air conditioner. Effective 5 years after November 15, 1990 , the term “refrigerant” shall also include any substitute substance. (2);

“applicable domestic law” applies in that section

the term “applicable domestic law” means this chapter.

“Administrator” applies in that section

The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) Allowance

“allowance” applies in that section

The term “allowance” means a limited authorization for the production or consumption of a regulated substance established under subsection (e). (3) Consumption The term “consumption”, with respect to a regulated substance, means a quantity equal to the difference between— (A) a quantity equal to the sum of— (i) the quantity of that regulated substance produced in the United States; and (ii) the quantity of the regulated substance imported into the United States; and (B) the quantity of the regulated substance exported from the United States. (4) Consumption baseline

“consumption baseline” applies in that section

The term “consumption baseline” means the baseline established for the consumption of regulated substances under subsection (e)(1)(C). (5) Exchange value

“exchange value” applies in that section

The term “exchange value” means the value assigned to a regulated substance in accordance with subsections (c) and (e), as applicable. (6) Import

“import” applies in that section

The term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, regardless of whether that landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (7) Produce (A) In general

“produce” applies in that section

The term “produce” means the manufacture of a regulated substance from a raw material or feedstock chemical (but not including the destruction of a regulated substance by a technology approved by the Administrator). (B) Exclusions The term “produce” does not include— (i) the manufacture of a regulated substance that is used and entirely consumed (except for trace quantities) in the manufacture of another chemical; or (ii) the reclamation, reuse, or recycling of a regulated substance. (8) Production baseline

“production baseline” applies in that section

The term “production baseline” means the baseline established for the production of regulated substances under subsection (e)(1)(B). (9) Reclaim; reclamation

“reclaim” applies in that section

The terms “reclaim” and “reclamation” mean— (A) the reprocessing of a recovered regulated substance to at least the purity described in standard 700–2016 of the Air-Conditioning, Heating, and Refrigeration Institute (or an appropriate successor standard adopted by the Administrator); and (B) the verification of the purity of that regulated substance using, at a minimum, the analytical methodology described in the standard referred to in subparagraph (A). (10) Recover

“reclamation” applies in that section

The terms “reclaim” and “reclamation” mean— (A) the reprocessing of a recovered regulated substance to at least the purity described in standard 700–2016 of the Air-Conditioning, Heating, and Refrigeration Institute (or an appropriate successor standard adopted by the Administrator); and (B) the verification of the purity of that regulated substance using, at a minimum, the analytical methodology described in the standard referred to in subparagraph (A). (10) Recover

“recover” applies in that section

The term “recover” means the process by which a regulated substance is— (A) removed, in any condition, from equipment; and (B) stored in an external container, with or without testing or processing the regulated substance. (11) Regulated substance

“regulated substance” applies in that section

The term “regulated substance” means— (A) a substance listed in the table contained in subsection (c)(1); and (B) a substance included as a regulated substance by the Administrator under subsection (c)(3).

“retrofit” applies in that section

the term “retrofit” means to upgrade existing equipment where the regulated substance is changed, which— (i) includes the conversion of equipment to achieve system compatibility; and (ii) may include changes in lubricants, gaskets, filters, driers, valves, o-rings, or equipment components for that purpose.

“small business concern” applies in that section

the term “small business concern” has the same meaning as in section 632 of title 15 . (B) Establishment Subject to the availability of appropriations, the Administrator shall establish a grant program to award grants to small business concerns for the purchase of new specialized equipment for the recycling, recovery, or reclamation of a substitute for a regulated substance, including the purchase of approved refrigerant recycling equipment (as defined in section 609(b) of the Clean Air Act ( 42 U.S.C. 7671h(b) )) for recycling, recovery, or reclamation in the service or repair of motor vehicle air conditioning systems.

“Advisory Committee” applies throughout its chapter

The term “Advisory Committee” means the Advisory Committee established under section 7704(a)(5) of this title .;

“community resilience” applies throughout its chapter

The term “community resilience” means the ability of a community to prepare and plan for, absorb, recover from, and more successfully adapt to adverse seismic events.

“Interagency Coordinating Committee” applies throughout its chapter

The term “Interagency Coordinating Committee” means the Interagency Coordinating Committee on Earthquake Hazards Reduction established under section 7704(a) of this title .;

“lifeline infrastructure” applies throughout its chapter

The term “lifeline infrastructure” means public works and utilities, including transportation facilities and infrastructure, oil and gas pipelines, electrical power and communication facilities and infrastructure, and water supply and sewage treatment facilities.;

“Program” applies throughout its chapter

The term “Program” means the National Earthquake Hazards Reduction Program established under section 7704 of this title . (3) The term “seismic” and variants thereof mean having to do with, or caused by earthquakes.;

“Program agencies” applies throughout its chapter

The term “Program agencies” means the Federal Emergency Management Agency, the United States Geological Survey, the National Science Foundation, and the National Institute of Standards and Technology.;

“State” applies throughout its chapter

The term “State” means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, and any other territory or possession of the United States.;

“United States” applies throughout its chapter

The term “United States” means, when used in a geographical sense, all of the States as defined in paragraph (4).;

“Administrator” applies throughout its subchapter

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

“Commission” applies throughout its subchapter

The term “Commission” means the Nuclear Regulatory Commission.;

“Federal agency” applies throughout its subchapter

The term “Federal agency” includes any executive agency as defined in section 105 of title 5 .;

“Indian tribe” applies throughout its subchapter

The term “Indian tribe” means any tribe, band, clan, group, pueblo, or community of Indians recognized as eligible for services provided by the Secretary of the Interior to Indians.;

“person” applies throughout its subchapter

The term “person” means any individual, association, partnership, corporation, firm, joint venture, trust, government entity, and any other entity, except that such term does not include any Indian or Indian tribe.;

“processing site” applies throughout its subchapter

The term “processing site” means— (A) any site, including the mill, containing residual radioactive materials at which all or substantially all of the uranium was produced for sale to any Federal agency prior to January 1, 1971 under a contract with any Federal agency, except in the case of a site at or near Slick Rock, Colorado, unless— (i) such site was owned or controlled as of January 1, 1978 , or is thereafter owned or controlled, by any Federal agency, or (ii) a license (issued by the Commission or its predecessor agency under the Atomic Energy Act of 1954 [ 42 U.S.C. 2011 et seq.] or by a State as permitted under section 274 of such Act [ 42 U.S.C.

“residual radioactive material” applies throughout its subchapter

The term “residual radioactive material” means— (A) waste (which the Secretary determines to be radioactive) in the form of tailings resulting from the processing of ores for the extraction of uranium and other valuable constituents of the ores; and (B) other waste (which the Secretary determines to be radioactive) at a processing site which relate to such processing, including any residual stock of unprocessed ores or low-grade materials.;

“Secretary” applies throughout its subchapter

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

“tailings” applies throughout its subchapter

The term “tailings” means the remaining portion of a metal-bearing ore after some or all of such metal, such as uranium, has been extracted.;

“United States” applies throughout its subchapter

The term “United States” means the 48 contiguous States and Alaska, Hawaii, Puerto Rico, the District of Columbia, and the territories and possessions of the United States.

“byproduct material” applies in that section

the term “byproduct material” has the meaning given that term in section 2014(e)(2) of this title . (b) Authorization of appropriations The amounts authorized to be appropriated to carry out the purposes of this subchapter by the Secretary, the Administrator, the Commission, and the Secretary of the Interior shall not exceed such amounts as are established in annual authorization Acts for fiscal year 1979 and each fiscal year thereafter applicable to the Department of Energy. Any sums appropriated for the purposes of this subchapter shall be available until expended.

“congregate housing” applies throughout its chapter

the term “congregate housing” means (A) low-rent housing which, as of January 1, 1979 , was built or under construction, with which there is connected a central dining facility where wholesome and economical meals can be served to such occupants; or (B) low-rent housing constructed after, but not under construction prior to, January 1, 1979 , connected with which there is a central dining facility to provide wholesome and economical meals for such occupants;

“congregate services programs” applies throughout its chapter

the term “congregate services programs” means programs to be undertaken by a public housing agency or a nonprofit corporation to provide assistance, including personal assistance and nutritional meals, to eligible project residents who, with such assistance, can remain independent and avoid unnecessary institutionalization;

“elderly” applies throughout its chapter

the term “elderly” means sixty-two years of age or over;

“eligible project resident” applies throughout its chapter

the term “eligible project resident” means elderly handicapped individuals, nonelderly handicapped individuals, or temporarily disabled individuals, who are residents of congregate housing projects administered by a public housing agency or by a nonprofit corporation;

“handicapped” applies throughout its chapter

the term “handicapped” means having an impairment which (A) is expected to be of long-continued and indefinite duration, and (B) substantially impedes an individual’s ability to live independently unless the individual receives supportive congregate services; such impairment may include a functional disability or frailty which is a normal consequence of the human aging process;

“nonprofit corporation” applies throughout its chapter

the term “nonprofit corporation” means any corporation responsible for a housing project assisted under section 1701q of title 12 .

“personal assistance” applies throughout its chapter

the term “personal assistance” means service provided under this chapter which may include, but is not limited to, aid given to eligible project residents in grooming, dressing, and other activities which maintain personal appearance and hygiene;

“professional assessment committee” applies throughout its chapter

the term “professional assessment committee” means a group of at least three persons appointed by a local public housing agency or a nonprofit corporation and shall include qualified medical professionals and other persons professionally competent to appraise the functional abilities of elderly or permanently disabled adult persons, or both, in relation to the performance of the normal tasks of daily living;

“temporarily disabled” applies throughout its chapter

the term “temporarily disabled” means an impairment which (A) is expected to be of no more than six months’ duration, and (B) substantially impedes an individual’s ability to live independently unless the individual receives supportive congregate services; and;

“activity of daily living” applies in that section

The term “activity of daily living” means an activity regularly necessary for personal care and includes bathing, dressing, eating, getting in and out of bed and chairs, walking, going outdoors, and using the toilet.;

“case management” applies in that section

The term “case management” means assessment of the needs of a resident, ensuring access to and coordination of services for the resident, monitoring delivery of services to the resident, and periodic reassessment to ensure that services provided are appropriate to the needs and wants of the resident.;

“congregate housing” applies in that section

The term “congregate housing” means low-rent housing that is connected to a central dining facility where wholesome and economical meals can be served to the residents.;

“congregate services” applies in that section

The term “congregate services” means services described in subsection (d) of this section.;

“congregate services program” applies in that section

The term “congregate services program” means a program assisted under this section undertaken by an eligible housing project to provide congregate services to eligible residents.;

“congregate space” applies in that section

the term “congregate space” shall include space for cafeterias or dining halls, community rooms or buildings, workshops, adult day health facilities, or other outpatient health facilities, or other essential service facilities.

“elderly person” applies in that section

The term “elderly person” means a person who is at least 62 years of age.;

“eligible housing project” applies in that section

The term “eligible housing project” means— (A) public housing (as such term is defined in section 3(b) of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b) ]) and lower income housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority under title II 8 of the United States Housing Act of 1937; (B) housing assisted under section 8 of the United States Housing Act of 1937 [ 42 U.S.C.

“eligible resident” applies in that section

The term “eligible resident” means a person residing in eligible housing for the elderly who qualifies under the definition of frail elderly, person with disabilities (regardless of whether the person is elderly), or temporarily disabled.;

“frail elderly” applies in that section

The term “frail elderly” means an elderly person who is unable to perform at least 3 activities of daily living adopted by the Secretary for purposes of this program. Owners may establish additional eligibility requirements (acceptable to the Secretary) based on the standards in local supportive services programs.;

“Indian tribe” applies in that section

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

“instrumental activity of daily living” applies in that section

The term “instrumental activity of daily living” means a regularly necessary home management activity and includes preparing meals, shopping for personal items, managing money, using the telephone, and performing light or heavy housework.;

“local nonprofit housing sponsor” applies in that section

The term “local nonprofit housing sponsor” includes public housing agencies (as such term is defined in section 3(b)(6) of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b)(6) ]. 9 (12) The term “nonprofit”, as applied to an organization, means no part of the net earnings of the organization inures, or may lawfully inure, to the benefit of any private shareholder or individual.;

“person with disabilities” applies in that section

The term “person with disabilities” has the meaning given the term by section 8013 of this title .;

“professional assessment committee” applies in that section

The term “professional assessment committee” means a committee established under subsection (e)(3)(B).;

“qualifying supportive services” applies in that section

The term “qualifying supportive services” means new or significantly expanded services that the Secretary deems essential to enable eligible residents to live independently and avoid unnecessary institutionalization.

“Secretary concerned” applies in that section

The term “Secretary concerned” means— (A) the Secretary of Housing and Urban Development, with respect to eligible federally assisted housing administered by such Secretary; and (B) the Secretary of Agriculture, with respect to eligible federally assisted housing administered by the Administrator of the Farmers Home Administration.;

“State” applies in that section

The term “State” means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.;

“temporarily disabled” applies in that section

The term “temporarily disabled” means having an impairment that— (A) is expected to be of no more than 6 months duration; and (B) impedes the ability of the individual to live independently unless the individual receives congregate services.;

“unit of general local government” applies in that section

The term “unit of general local government”— (A) means any city, town, township, county, parish, village, or other general purpose political subdivision of a State; and (B) includes a unit of general government acting as an applicant for assistance under this section in cooperation with a nonprofit housing sponsor and a nonprofit housing sponsor acting as an applicant for assistance under this section in cooperation with a unit of general local government, as provided under subsection (g)(1)(B).

“demonstration period” applies in that section

The term “demonstration period” means the 5-year period referred to in subsection (a).;

“elderly person” applies in that section

The term “elderly person” means a person who is at least 62 years of age.;

“frail elderly person” applies in that section

The term “frail elderly person” means an elderly person who is unable to perform at least 3 activities of daily living adopted by the Secretary for purposes of this program. Owners may establish additional eligibility requirements (acceptable to the Secretary) based on the standards in local supportive services programs.;

“professional assessment committee” applies in that section

The term “professional assessment committee” means a group of at least 3 persons appointed by a public housing agency which shall include at least 1 qualified medical professional and other persons professionally competent to appraise the functional abilities of the frail elderly in relation to the performance of activities of daily living.;

“public housing agency” applies in that section

The term “public housing agency” has the meaning given such term in section 1437a(b)(6) of this title . The term includes an Indian Housing Authority, as defined in section 1437a(b)(11) 2 of this title.;

“Secretary” applies in that section

The term “Secretary” means the Secretary of Housing and Urban Development.;

“supportive services” applies in that section

The term “supportive services”— (A) means assistance, that the Secretary determines— (i) addresses the special needs of frail elderly persons; and (ii) provides appropriate supportive services or assists such persons in obtaining appropriate services, including personal care, case management services, transportation, meal services, counseling, supervision, and other services essential for achieving and maintaining independent living; and (B) does not include medical services, as determined by the Secretary.

“group home” applies in that section

The term “group home” means a single family residential structure designed or adapted for occupancy by not more than 8 persons with disabilities, which provides a separate bedroom for each tenant of the residence. The Secretary may waive the project size limitation contained in the previous sentence if the applicant demonstrates that local market conditions dictate the development of a larger project.

“independent living facility” applies in that section

The term “independent living facility” means a project designed for occupancy by not more than 24 persons with disabilities (or such higher number of persons as permitted under criteria that the Secretary shall prescribe) in separate dwelling units where each dwelling unit includes a kitchen and a bath.

“owner” applies in that section

The term “owner” means a private nonprofit organization that receives assistance under this section to develop and operate supportive housing for persons with disabilities.;

“person with disabilities” applies in that section

The term “person with disabilities” means a household composed of one or more persons who is 18 years of age or older and less than 62 years of age, and who has a disability. A person shall be considered to have a disability if such person is determined, pursuant to regulations issued by the Secretary to have a physical, mental, or emotional impairment which (A) is expected to be of long-continued and indefinite duration, (B) substantially impedes his or her ability to live independently, and (C) is of such a nature that such ability could be improved by more suitable housing conditions.

“private nonprofit organization” applies in that section

The term “private nonprofit organization” means any institution or foundation— (A) that has received, or has temporary clearance to receive, tax-exempt status under section 501(c)(3) of title 26 ; (B) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (C) which has a governing board (i) the membership of which is selected in a manner to assure that there is significant representation of the views of persons with disabilities, and (ii) which is responsible for the operation of the housing assisted under this section; and (D) which is approved by the Secretary as to financial responsibility.

“qualifying smoke alarm” applies in that section

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

“Secretary” applies in that section

The term “Secretary” means the Secretary of Housing and Urban Development.;

“smoke alarm” applies in that section

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

“State” applies in that section

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

“supportive housing for persons with disabilities” applies in that section

The term “supportive housing for persons with disabilities” means dwelling units that— (A) are designed to meet the permanent housing needs of very low-income persons with disabilities; and (B) are located in housing that make available supportive services that address the individual health, mental health, or other needs of such persons.;

“very low-income” applies in that section

The term “very low-income” has the same meaning as given the term “very low-income families” under section 1437a(b)(2) of this title . (l) Allocation of funds (1) Minimum allocation for multifamily projects The Secretary shall establish a minimum percentage of the amount made available for each fiscal year for capital advances under subsection (d)(1) that shall be used for multifamily projects subject to subsection (e)(4). (2) Capital advances Of any amounts made available for assistance under subsection (b), such sums as may be necessary shall be available for funding capital advances in accordance with subsection (d)(1).

“art” applies throughout its subchapter

the terms “art” and “arts” include, but are not limited to, architecture (including preservation, restoration, or adaptive use of existing structures), landscape architecture, urban design, interior design, graphic arts, fine arts (including painting and sculpture), performing arts (including music, drama, and dance), literature, crafts, photography, communications media and film, as well as other similar activities which reflect the cultural heritage of the Nation’s communities and their citizens;

“arts” applies throughout its subchapter

the terms “art” and “arts” include, but are not limited to, architecture (including preservation, restoration, or adaptive use of existing structures), landscape architecture, urban design, interior design, graphic arts, fine arts (including painting and sculpture), performing arts (including music, drama, and dance), literature, crafts, photography, communications media and film, as well as other similar activities which reflect the cultural heritage of the Nation’s communities and their citizens;

“Chairman” applies throughout its subchapter

the term “Chairman” means the Chairman of the National Endowment for the Arts;

“Department” applies throughout its subchapter

the term “Department” means the Department of Housing and Urban Development; and;

“Endowment” applies throughout its subchapter

the term “Endowment” means the National Endowment for the Arts.

“nonprofit organization” applies throughout its subchapter

the term “nonprofit organization” means an organization in which no part of its net earnings inures to the benefit of any private stockholder or stockholders, individual or individuals and, if a private entity, which is not disqualified for tax exemption under section 501(c)(3) of title 26 by reason of attempting to influence legislation and does not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office; such organizations may include States and units of local government (including public agencies or special authorities thereof), regional organizations of local governments and nonprofit …

“project” applies throughout its subchapter

the term “project” means a program or activity intended to carry out the purposes of this subchapter, including programs for neighborhood and community-based arts programs, urban design, user needs design, and the encouragement of the preservation of historic or other structures which have neighborhood or community significance;

“Secretary” applies throughout its subchapter

the term “Secretary” means the Secretary of Housing and Urban Development;

“residential building” applies throughout its part

the term “residential building” means any building used as a residence which is not a new building to which final standards under sections 6833(a) and 6834 1 of this title apply and which has a system for heating, cooling, or both.

“antitrust laws” applies in that section

the term “antitrust laws” means— (1) the Sherman Act ( 15 U.S.C. 1 et seq.); (2) the Clayton Act ( 15 U.S.C. 12 et seq.); (3) the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.); (4) sections 73 and 74 of the Wilson Tariff Act ( 15 U.S.C. 8 and 9); and (5) sections 2, 3, and 4 of the Act entitled “An Act to amend section 2 of the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved October 15, 1914 , as amended (U.S.C., title 15, sec. 13), and for other purposes” approved June 19, 1936 ( 15 U.S.C. 21a , 13a, and 13b, commonly known as the Robinson-Patman Antidiscrimination Act).

“Federal agency” applies in that section

The term “Federal agency” means— (A) an Executive agency as defined in section 105 of title 5 ; and (B) each entity specified in subparagraphs (B) through (I) of subsection (1) of section 5721 of title 5 .;

“Federal building” applies in that section

The term “Federal building” means any building or other structure owned in whole or part by the United States or any Federal agency, including any such structure occupied by a Federal agency under a lease-acquisition agreement under which the United States or a Federal agency will receive fee simple title under the terms of such agreement without further negotiation.;

“Secretary” applies in that section

The term “Secretary” means the Secretary of Energy.

“solar energy equipment” applies in that section

The term “solar energy equipment” means equipment for solar heating or solar heating and cooling.;

“solar heating” applies in that section

The term “solar heating” means, with respect to any Federal building, the use of solar energy to meet all or part of the heating needs of such building (including hot water), or all or part of the needs of such building for hot water.;

“solar heating and cooling” applies in that section

The term “solar heating and cooling” means the use of solar energy to provide all or part of the heating needs of a Federal building (including hot water) and all or part of the cooling needs of such building, or all or part of the needs of such building for hot water.;

“Director” applies in that section

The term “Director” means the Director of the Office of Management and Budget. (B) Information technology

“facility” applies in that section

The term “facility” means any building, installation, structure, or other property (including any applicable fixtures) owned or operated by, or constructed or manufactured and leased to, the Federal Government. (ii) Inclusions

“information technology” applies in that section

The term “information technology” has the meaning given that term in section 11101 of title 40 . (2) Development of implementation strategy Not later than 1 year after December 27, 2020 , each Federal agency shall coordinate with the Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (including best-practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies at or for facilities owned and operated by the Federal agency, taking into consideration the performance goals established under paragraph (4).

“ongoing commissioning” applies in that section

The term “ongoing commissioning” means an ongoing process of commissioning using monitored data, the primary goal of which is to ensure continuous optimum performance of a facility, in accordance with design or operating needs, over the useful life of the facility, while meeting facility occupancy requirements.

“recommissioning” applies in that section

The term “recommissioning” means a process— (i) of commissioning a facility or system beyond the project development and warranty phases of the facility or system; and (ii) the primary goal of which is to ensure optimum performance of a facility, in accordance with design or current operating needs, over the useful life of the facility, while meeting building occupancy requirements. (H) Retrocommissioning

“retrocommissioning” applies in that section

The term “retrocommissioning” means a process of commissioning a facility or system that was not commissioned at the time of construction of the facility or system. (2) Facility energy managers (A) In general Each Federal agency shall designate an energy manager responsible for implementing this subsection and reducing energy and water use at each facility that meets criteria under subparagraph (B).