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

“ground water” applies throughout its subchapter

The term “ground water” means water in a saturated zone or stratum beneath the surface of land or water.;

“guarantor” applies throughout its subchapter

The term “guarantor” means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this chapter.;

“hazardous substance” applies throughout its subchapter

The term “hazardous substance” means (A) any substance designated pursuant to section 311(b)(2)(A) of the Federal Water Pollution Control Act [ 33 U.S.C. 1321(b)(2)(A) ], (B) any element, compound, mixture, solution, or substance designated pursuant to section 9602 of this title , (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act [ 42 U.S.C. 6921 ] (but not including any waste the regulation of which under the Solid Waste Disposal Act [ 42 U.S.C. 6901 et seq.] has been suspended by Act of Congress), (D) any toxic pollutant listed under section 307(a) of the Federal Water Pollution Control Act [ 33 U.S.C.

“incineration vessel” applies in that section

The term “incineration vessel” means any vessel which carries hazardous substances for the purpose of incineration of such substances, so long as such substances or residues of such substances are on board. (39) Brownfield site.— (A) In general .—

“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 but not including any Alaska Native regional or village corporation, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (37);

“lender” applies throughout its chapter

The term “lender” means— (I) an insured depository institution (as defined in section 1813 of title 12 ); (II) an insured credit union (as defined in section 1752 of title 12 ); (III) a bank or association chartered under the Farm Credit Act of 1971 ( 12 U.S.C.

“national contingency plan” applies throughout its chapter

The term “national contingency plan” means the national contingency plan published under section 311(c) 4 of the Federal Water Pollution Control Act or revised pursuant to section 9605 of this title . (32) The terms “liable” or “liability” under this subchapter shall be construed to be the standard of liability which obtains under section 311 of the Federal Water Pollution Control Act [ 33 U.S.C. 1321 ].;

“natural resources” applies throughout its subchapter

The term “natural resources” means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Magnuson-Stevens Fishery Conservation and Management Act [ 16 U.S.C. 1801 et seq.]), any State or local government, any foreign government, any Indian tribe, or, if such resources are subject to a trust restriction on alienation, any member of an Indian tribe.;

“navigable waters” applies throughout its subchapter

The term “navigable waters” or “navigable waters of the United States” means the waters of the United States, including the territorial seas.;

“navigable waters of the United States” applies throughout its subchapter

The term “navigable waters” or “navigable waters of the United States” means the waters of the United States, including the territorial seas.;

“offshore facility” applies throughout its subchapter

The term “offshore facility” means any facility of any kind located in, on, or under, any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel.;

“onshore facility” applies throughout its subchapter

The term “onshore facility” means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land or nonnavigable waters within the United States.;

“operational function” applies throughout its chapter

The term “operational function” includes a function such as that of a facility or plant manager, operations manager, chief operating officer, or chief executive officer. (vi) Security interest .—

“otherwise subject to the jurisdiction of the United States” applies throughout its subchapter

The term “otherwise subject to the jurisdiction of the United States” means subject to the jurisdiction of the United States by virtue of United States citizenship, United States vessel documentation or numbering, or as provided by international agreement to which the United States is a party. (20);

“owner or operator” applies throughout its subchapter

The term “owner or operator” means (i) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel, (ii) in the case of an onshore facility or an offshore facility, any person owning or operating such facility, and (iii) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand.

“participate in management” applies throughout its subchapter

the term “participate in management”— (I) means actually participating in the management or operational affairs of a vessel or facility; and (II) does not include merely having the capacity to influence, or the unexercised right to control, vessel or facility operations; (ii) a person that is a lender and that holds indicia of ownership primarily to protect a security interest in a vessel or facility shall be considered to participate in management only if, while the borrower is still in possession of the vessel or facility encumbered by the security interest, the person— (I) exercises decisionmaking control over the environmental compliance related to the vessel or facility, such that the …

“person” applies throughout its chapter

The term “person” means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, United States Government, State, municipality, commission, political subdivision of a State, or any interstate body.;

“pollutant or contaminant” applies throughout its chapter

The term “pollutant or contaminant” shall include, but not be limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring; except that the term “pollutant or contaminant” shall not include petroleum, including crude …

“release” applies throughout its chapter

The term “release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant), but excludes (A) any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons, (B) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine, (C) release of source, byproduct, or special nuclear …

“remedial action” applies throughout its chapter

The terms “remedy” or “remedial action” means 2 those actions consistent with permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to present or future public health or welfare or the environment.

“remedy” applies throughout its chapter

The terms “remedy” or “remedial action” means 2 those actions consistent with permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to present or future public health or welfare or the environment.

“removal” applies throughout its chapter

The terms “remove” or “removal” means 2 the cleanup or removal of released hazardous substances from the environment, such actions as may be necessary taken in the event of the threat of release of hazardous substances into the environment, such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment, which may otherwise result from a release or threat of release.

“remove” applies throughout its chapter

The terms “remove” or “removal” means 2 the cleanup or removal of released hazardous substances from the environment, such actions as may be necessary taken in the event of the threat of release of hazardous substances into the environment, such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment, which may otherwise result from a release or threat of release.

“respond” applies throughout its chapter

The terms “respond” or “response” means 2 remove, removal, remedy, and remedial action;, 3 all such terms (including the terms “removal” and “remedial action”) include enforcement activities related thereto.;

“response” applies throughout its chapter

The terms “respond” or “response” means 2 remove, removal, remedy, and remedial action;, 3 all such terms (including the terms “removal” and “remedial action”) include enforcement activities related thereto.;

“security interest” applies throughout its chapter

The term “security interest” includes a right under a mortgage, deed of trust, assignment, judgment lien, pledge, security agreement, factoring agreement, or lease and any other right accruing to a person to secure the repayment of money, the performance of a duty, or any other obligation by a nonaffiliated person.;

“service station dealer” applies in that section

The term “service station dealer” means any person— (i) who owns or operates a motor vehicle service station, filling station, garage, or similar retail establishment engaged in the business of selling, repairing, or servicing motor vehicles, where a significant percentage of the gross revenue of the establishment is derived from the fueling, repairing, or servicing of motor vehicles, and (ii) who accepts for collection, accumulation, and delivery to an oil recycling facility, recycled oil that (I) has been removed from the engine of a light duty motor vehicle or household appliances by the owner of such vehicle or appliances, and (II) is presented, by such owner, to such person for …

“State” applies throughout its chapter

The terms “United States” and “State” include the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.;

“transport” applies throughout its chapter

The terms “transport” or “transportation” means 2 the movement of a hazardous substance by any mode, including a hazardous liquid pipeline facility (as defined in section 60101(a) of title 49 ), and in the case of a hazardous substance which has been accepted for transportation by a common or contract carrier,

“transportation” applies throughout its chapter

The terms “transport” or “transportation” means 2 the movement of a hazardous substance by any mode, including a hazardous liquid pipeline facility (as defined in section 60101(a) of title 49 ), and in the case of a hazardous substance which has been accepted for transportation by a common or contract carrier,

“Trust Fund” applies throughout its subchapter

The term “Fund” or “Trust Fund” means the Hazardous Substance Superfund established by section 9507 of title 26 .;

“United States” applies throughout its chapter

The terms “United States” and “State” include the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.;

“vessel” applies throughout its chapter

The term “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. (29) The terms “disposal”, “hazardous waste”, and “treatment” shall have the meaning provided in section 1004 of the Solid Waste Disposal Act [ 42 U.S.C. 6903 ]. (30) The terms “territorial sea” and “contiguous zone” shall have the meaning provided in section 502 of the Federal Water Pollution Control Act [ 33 U.S.C. 1362 ].;

“animal waste” applies in that section

The term “animal waste” means feces, urine, or other excrement, digestive emission, urea, or similar substances emitted by animals (including any form of livestock, poultry, or fish). (ii) Inclusions

“farm” applies in that section

The term “farm” means a site or area (including associated structures) that— (i) is used for— (I) the production of a crop; or (II) the raising or selling of animals (including any form of livestock, poultry, or fish); and (ii) under normal conditions, produces during a farm year any agricultural products with a total value equal to not less than $1,000. (f) Exemptions from notice and penalty provisions for substances reported under other Federal law or is in continuous release, etc.

“eligible entity” applies in that section

the term “eligible entity” means— (A) a general purpose unit of local government; (B) a land clearance authority or other quasi-governmental entity that operates under the supervision and control of or as an agent of a general purpose unit of local government; (C) a government entity created by a State legislature; (D) a regional council or group of general purpose units of local government; (E) a redevelopment agency that is chartered or otherwise sanctioned by a State; (F) a State; (G) an Indian Tribe other than in Alaska; (H) an Alaska Native Regional Corporation and an Alaska Native Village Corporation as those terms are defined in the Alaska Native Claims Settlement Act ( 43 U.S.C.

“health assessments” applies in that section

the term “health assessments” shall include preliminary assessments of the potential risk to human health posed by individual sites and facilities, based on such factors as the nature and extent of contamination, the existence of potential pathways of human exposure (including ground or surface water contamination, air emissions, and food chain contamination), the size and potential susceptibility of the community within the likely pathways of exposure, the comparison of expected human exposure levels to the short-term and long-term health effects associated with identified hazardous substances and any available recommended exposure or tolerance limits for such hazardous substances, and the …

“affiliate” applies in that section

the term “affiliate” has the meaning of that term provided in the definition of “small business concern” in regulations promulgated by the Small Business Administration in accordance with the Small Business Act ( 15 U.S.C. 631 et seq.).

“fiduciary” applies throughout its chapter

The term “fiduciary”— (i) means a person acting for the benefit of another party as a bona fide— (I) trustee; (II) executor; (III) administrator; (IV) custodian; (V) guardian of estates or guardian ad litem; (VI) receiver; (VII) conservator; (VIII) committee of estates of incapacitated persons; (IX) personal representative; (X) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or (XI) representative in any other …

“fiduciary capacity” applies throughout its chapter

The term “fiduciary capacity” means the capacity of a person in holding title to a vessel or facility, or otherwise having control of or an interest in the vessel or facility, pursuant to the exercise of the responsibilities of the person as a fiduciary. (6) Savings clause Nothing in this subsection— (A) affects the rights or immunities or other defenses that are available under this chapter or other law that is applicable to a person subject to this subsection; or (B) creates any liability for a person or a private right of action against a fiduciary or any other person.

“municipal solid waste” applies in that section

the term “municipal solid waste” means waste material— (i) generated by a household (including a single or multifamily residence); and (ii) generated by a commercial, industrial, or institutional entity, to the extent that the waste material— (I) is essentially the same as waste normally generated by a household; (II) is collected and disposed of with other municipal solid waste as part of normal municipal solid waste collection services; and (III) contains a relative quantity of hazardous substances no greater than the relative quantity of hazardous substances contained in waste material generated by a typical single-family household.

“natural resource claim” applies in that section

the term “natural resource claim” means any claim for injury to, or destruction or loss of, natural resources. The term does not include any claim for the costs of natural resource damage assessment. (c) Peripheral matters and limitations Uses of the Fund under subsection (a) of this section include— (1) The costs of assessing both short-term and long-term injury to, destruction of, or loss of any natural resources resulting from a release of a hazardous substance.

“insurance” applies in that section

The term “insurance” means liability insurance which is fair and reasonably priced, as determined by the President, and which is made available at the time the contractor enters into the response action contract to provide response action. (f) Competition Response action contractors and subcontractors for program management, construction management, architectural and engineering, surveying and mapping, and related services shall be selected in accordance with title IX of the Federal Property and Administrative Services Act of 1949. 3 The Federal selection procedures shall apply to appropriate contracts negotiated by all Federal governmental agencies involved in carrying out this chapter.

“response action contract” applies in that section

The term “response action contract” means any written contract or agreement entered into by a response action contractor (as defined in paragraph (2)(A) of this subsection) with— (A) the President; (B) any Federal agency; (C) a State or political subdivision which has entered into a contract or cooperative agreement in accordance with section 9604(d)(1) of this title ; or (D) any potentially responsible party carrying out an agreement under section 9606 or 9622 of this title; to provide any remedial action under this chapter at a facility listed on the National Priorities List, or any removal under this chapter, with respect to any release or threatened release of a hazardous substance or …

“response action contractor” applies in that section

The term “response action contractor” means— (A) any— (i) person who enters into a response action contract with respect to any release or threatened release of a hazardous substance or pollutant or contaminant from a facility and is carrying out such contract; and 1 (ii) person, public or nonprofit private entity, conducting a field demonstration pursuant to section 9660(b) of this title ; and (iii) Recipients 2 of grants (including sub-grantees) under section 9660a 3 of this title for the training and education of workers who are or may be engaged in activities related to hazardous waste removal, containment, or emergency response under this chapter; and 1 (B) any person who is retained …

“base closure law” applies in that section

the term “base closure law” includes the following: (I) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100–526 ; 10 U.S.C. 2687 note). (II) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note). (III) Section 2687 of title 10 . (IV) Any provision of law authorizing the closure or realignment of a military installation enacted on or after October 19, 1992 . (F) Nothing in this paragraph shall affect, preclude, or otherwise impair the termination of Federal Government operations on real property owned by the United States.

“recyclable material” applies in that section

the term “recyclable material” means scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber (other than whole tires), scrap metal, or spent lead-acid, spent nickel-cadmium, and other spent batteries, as well as minor amounts of material incident to or adhering to the scrap material as a result of its normal and customary use prior to becoming scrap; except that such term shall not include— (1) shipping containers of a capacity from 30 liters to 3,000 liters, whether intact or not, having any hazardous substance (but not metal bits and pieces or hazardous substance that form an integral part of the container) contained in or adhering thereto; or (2) any item of material that …

“scrap metal” applies in that section

the term “scrap metal” means bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled, except for scrap metals that the Administrator excludes from this definition by regulation.

“disadvantaged area” applies in that section

The term “disadvantaged area” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income, as determined by the President based on the latest available decennial census. (II) Small community

“small community” applies in that section

The term “small community” means a community with a population of not more than 15,000 individuals, as determined by the President based on the latest available decennial census. (2) Elements The elements of a State or Indian tribe response program referred to in paragraph (1)(A)(i) are the following: (A) Timely survey and inventory of brownfield sites in the State.

“applicable limitations period” applies in that section

The term “applicable limitations period” means the period specified in a statute of limitations during which a civil action referred to in subsection (a)(1) may be brought. (3) Commencement date

“commencement date” applies in that section

The term “commencement date” means the date specified in a statute of limitations as the beginning of the applicable limitations period. (4) Federally required commencement date (A) In general Except as provided in subparagraph (B),

“federally required commencement date” applies in that section

the term “federally required commencement date” means the date the plaintiff knew (or reasonably should have known) that the personal injury or property damages referred to in subsection (a)(1) were caused or contributed to by the hazardous substance or pollutant or contaminant concerned. (B) Special rules In the case of a minor or incompetent plaintiff,

“alternative or innovative treatment technologies” applies in that section

the term “alternative or innovative treatment technologies” means those technologies, including proprietary or patented methods, which permanently alter the composition of hazardous waste through chemical, biological, or physical means so as to significantly reduce the toxicity, mobility, or volume (or any combination thereof) of the hazardous waste or contaminated materials being treated. The term also includes technologies that characterize or assess the extent of contamination, the chemical and physical character of the contaminants, and the stresses imposed by the contaminants on complex ecosystems at sites.

“Emergency Declaration Area” applies in that section

The terms “Emergency Declaration Area” and “Love Canal Emergency Declaration Area” mean the Emergency Declaration Area as defined in section 950, paragraph (2) of the General Municipal Law of the State of New York, Chapter 259, Laws of 1980, as in effect on October 17, 1986 . (2) Private property As used in subsection (a),

“Love Canal Emergency Declaration Area” applies in that section

The terms “Emergency Declaration Area” and “Love Canal Emergency Declaration Area” mean the Emergency Declaration Area as defined in section 950, paragraph (2) of the General Municipal Law of the State of New York, Chapter 259, Laws of 1980, as in effect on October 17, 1986 . (2) Private property As used in subsection (a),

“private property” applies in that section

the term “private property” means all property which is not owned by a department, agency, or instrumentality of— (A) the United States, or (B) the State of New York (or any public agency or authority thereof).

“insurance” applies throughout its subchapter

The term “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law. (2) Pollution liability

“pollution liability” applies throughout its subchapter

The term “pollution liability” means liability for injuries arising from the release of hazardous substances or pollutants or contaminants. (3) Risk retention group

“purchasing group” applies throughout its subchapter

The term “purchasing group” means any group of persons which has as one of its purposes the purchase of pollution liability insurance on a group basis. (5) State

“risk retention group” applies throughout its subchapter

The term “risk retention group” means any corporation or other limited liability association taxable as a corporation, or as an insurance company, formed under the laws of any State— (A) whose primary activity consists of assuming and spreading all, or any portion, of the pollution liability of its group members; (B) which is organized for the primary purpose of conducting the activity described under subparagraph (A); (C) which is chartered or licensed as an insurance company and authorized to engage in the business of insurance under the laws of any State; and (D) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive …

“State” applies throughout its subchapter

The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.

“Advisory Committee” applies throughout its chapter

the term “Advisory Committee” means the Advisory Committee on Reactor Safeguards established by section 2039 of this title .

“Commission” applies throughout its chapter

the term “Commission” means the Nuclear Regulatory Commission; and;

“Government agency” applies throughout its chapter

the term “Government agency” means any department, agency, commission, or independent establishment in the executive branch of the Federal Government, or any corporation, wholly or partly owned by the United States, which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Federal Government;

“Secretary” applies throughout its chapter

the term “Secretary” means the Secretary of Energy;

“community development corporation” applies throughout its subchapter

the term “community development corporation” means a nonprofit organization responsible to residents of the area it serves which is receiving financial assistance under part A and any organization more than 50 percent of which is owned by such an organization, or otherwise controlled by such an organization, or designated by such an organization for the purpose of this subchapter.

“child with a disability” applies throughout its subchapter

The term “child with a disability” means— (A) a child with a disability, as defined in section 1401(3) of title 20 ; and (B) an infant or toddler with a disability, as defined in section 1432(5) of title 20 .;

“deficiency” applies throughout its subchapter

The term “deficiency” means— (A) a systemic or substantial material failure of an agency in an area of performance that the Secretary determines involves— (i) a threat to the health, safety, or civil rights of children or staff; (ii) a denial to parents of the exercise of their full roles and responsibilities related to program operations; (iii) a failure to comply with standards related to early childhood development and health services, family and community partnerships, or program design and management; (iv) the misuse of funds received under this subchapter; (v) loss of legal status (as determined by the Secretary) or financial viability, loss of permits, debarment from receiving …

“delegate agency” applies throughout its subchapter

The term “delegate agency” means a public, private nonprofit (including a community-based organization, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 7801 ]), or for-profit organization or agency to which a grantee has delegated all or part of the responsibility of the grantee for operating a Head Start program.;

“family literacy services” applies throughout its subchapter

The term “family literacy services” means services that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities: (A) Interactive literacy activities between parents and their children. (B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. (C) Parent literacy training that leads to economic self-sufficiency, and financial literacy.. 1 (D) An age-appropriate education to prepare children for success in school and life experiences.;

“financial assistance” applies throughout its subchapter

The term “financial assistance” includes assistance provided by grant, agreement, or contract, and payments may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments.;

“full calendar year” applies throughout its subchapter

The term “full calendar year” means all days of the year other than Saturday, Sunday, and a legal public holiday.;

“full-working-day” applies throughout its subchapter

The term “full-working-day” means not less than 10 hours per day. Nothing in this paragraph shall be construed to require an agency to provide services to a child who has not reached the age of compulsory school attendance for more than the number of hours per day permitted by State law (including regulation) for the provision of services to such a child.;

“Head Start classroom” applies in that section

The term “Head Start classroom” means a group of children supervised and taught by two paid staff members (a teacher and a teacher’s aide or two teachers) and, where possible, a volunteer.;

“Head Start family day care” applies in that section

The term “Head Start family day care” means Head Start services provided in a private residence other than the residence of the child receiving such services.;

“home-based Head Start program” applies in that section

The term “home-based Head Start program” means a Head Start program that provides Head Start services in the private residence of the child receiving such services.;

“homeless children” applies in that section

The term “homeless children” has the meaning given the term “homeless children and youths” in section 11434a(2) of this title .;

“Indian tribe” applies in that section

The term “Indian tribe” means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Native village described in section 3(c) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(c) ) or established pursuant to such 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.;

“institution of higher education” applies in that section

The term “institution of higher education” has the meaning given the term in section 1001(a) of title 20 .;

“interrater reliability” applies in that section

The term “interrater reliability” means the extent to which 2 or more independent raters or observers consistently obtain the same result when using the same assessment tool. (15) The term “limited English proficient”, used with respect to a child, means a child— (A) (i) who was not born in the United States or whose native language is a language other than English; (ii) (I) who is a Native American (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C.

“local educational agency” applies in that section

The term “local educational agency” has the meaning given such term in the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6301 et seq.].;

“migrant or seasonal Head Start program” applies in that section

The term “migrant or seasonal Head Start program” means— (A) with respect to services for migrant farmworkers, a Head Start program that serves families who are engaged in agricultural labor and who have changed their residence from one geographic location to another in the preceding 2-year period; and (B) with respect to services for seasonal farmworkers, a Head Start program that serves families who are engaged primarily in seasonal agricultural labor and who have not changed their residence to another geographic location in the preceding 2-year period.;

“mobile Head Start program” applies in that section

The term “mobile Head Start program” means the provision of Head Start services utilizing transportable equipment set up in various community-based locations on a routine, weekly schedule, operating in conjunction with home-based Head Start programs, or as a Head Start classroom.;

“poverty line” applies in that section

The term “poverty line” means the official poverty line (as defined by the Office of Management and Budget)— (A) adjusted to reflect the percentage change in the Consumer Price Index For 2 All Urban Consumers, issued by the Bureau of Labor Statistics, occurring in the 1-year period or other interval immediately preceding the date such adjustment is made; and (B) adjusted for family size.;

“principles of scientific research” applies in that section

The term “principles of scientific research” means principles of research that— (A) applies rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs; (B) presents findings and makes claims that are appropriate to and supported by methods that have been employed; and (C) includes, as appropriate to the research being conducted— (i) use of systematic, empirical methods that draw on observation or experiment; (ii) use of data analyses that are adequate to support the general findings; (iii) reliance on measurements or observational methods that provide reliable and generalizable findings; (iv) strong claims of causal …

“professional development” applies in that section

The term “professional development” means high-quality activities that will improve the knowledge and skills of Head Start teachers and staff, as relevant to their roles and functions, in program administration and the provision of services and instruction, as appropriate, in a manner that improves service delivery to enrolled children and their families, including activities that— (A) are part of a sustained effort to improve overall program quality and outcomes for enrolled children and their families; (B) are developed or selected with extensive participation of administrators and teachers from Head Start programs; (C) are developmentally appropriate for the children being served; (D) …

“scientifically based reading research” applies in that section

The term “scientifically based reading research”— (A) means the application of rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and (B) shall include research that— (i) employs systematic, empirical methods that draw on observation or experiment; (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and (iv) has been accepted by a peer-reviewed journal or …

“scientifically valid research” applies in that section

The term “scientifically valid research” includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.;

“Secretary” applies in that section

The term “Secretary” means the Secretary of Health and Human Services.;

“State” applies in that section

The term “State” means a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

“unresolved area of noncompliance” applies in that section

The term “unresolved area of noncompliance” means failure to correct a noncompliance item within 120 days, or within such additional time (if any) as is authorized by the Secretary, after receiving from the Secretary notice of such noncompliance item, pursuant to section 9836a(c) of this title .

“covered percentage” applies in that section

the term “covered percentage” means— (i) for fiscal year 2008, 30 percent; (ii) for fiscal year 2009, 40 percent; (iii) for fiscal year 2010, 50 percent; (iv) for fiscal year 2011, 55 percent; and (v) for fiscal year 2012, 55 percent.

“actual enrollment” applies in that section

The term “actual enrollment” means, with respect to the program of a Head Start agency, the actual number of children enrolled in such program and reported by the agency (as required in paragraph (2)) in a given month. (B) Base grant

“base grant” applies in that section

The term “base grant” has the meaning given the term in section 9835(a)(7) of this title . (C) Funded enrollment

“funded enrollment” applies in that section

The term “funded enrollment” means, with respect to the program of a Head Start agency in a fiscal year, the number of children that the agency is funded to serve through a grant for the program during such fiscal year, as indicated in the grant agreement. (2) Enrollment reporting requirement Each entity carrying out a Head Start program shall report on a monthly basis to the Secretary and the relevant Head Start agency— (A) the actual enrollment in such program; and (B) if such actual enrollment is less than the funded enrollment, any apparent reason for such enrollment shortfall.

“dependent” applies in that section

The term “dependent” has the meaning given the term in paragraphs (2)(A) and (4)(A)(i) of section 401(a) of title 37 .;

“member” applies in that section

The terms “member” and “uniformed services” have the meanings given the terms in paragraphs (23) and (3), respectively, of section 101 of title 37 . (B) The following amounts of pay and allowance of a member of the uniformed services shall not be considered to be income for purposes of determining the eligibility of a dependent of such member for programs funded under this subchapter: (i) The amount of any special pay payable under section 310 or 351 of title 37, relating to duty subject to hostile fire or imminent danger.

“uniformed services” applies in that section

The terms “member” and “uniformed services” have the meanings given the terms in paragraphs (23) and (3), respectively, of section 101 of title 37 . (B) The following amounts of pay and allowance of a member of the uniformed services shall not be considered to be income for purposes of determining the eligibility of a dependent of such member for programs funded under this subchapter: (i) The amount of any special pay payable under section 310 or 351 of title 37, relating to duty subject to hostile fire or imminent danger.

“Hispanic-serving institution” applies in that section

The term “Hispanic-serving institution” has the meaning given such term in section 1101a of title 20 .;

“historically Black college or university” applies in that section

The term “historically Black college or university” has the meaning given the term “part B institution” in section 1061(2) of title 20 .;

“Tribal College or University” applies in that section

The term “Tribal College or University” has the meaning given such term in section 1059c(b) of title 20 . (5) Teaching requirement A student at an institution receiving a grant under this subsection who receives assistance under a program funded under this subsection shall teach in a center-based Head Start program for a period of time equivalent to the period for which they received assistance or shall repay such assistance.

“mentor teacher” applies in that section

the term “mentor teacher” means an individual responsible for observing and assessing the classroom activities of a Head Start program and providing on-the-job guidance and training to the Head Start program staff and volunteers, in order to improve the qualifications and training of classroom staff, to maintain high quality education services, and to promote career development, in Head Start programs.

“compensation” applies in that section

the term “compensation”— (A) includes salary, bonuses, periodic payments, severance pay, the value of any vacation time, the value of a compensatory or paid leave benefit not excluded by subparagraph (B), and the fair market value of any employee perquisite or benefit not excluded by subparagraph (B); and (B) excludes any Head Start agency expenditure for a health, medical, life insurance, disability, retirement, or any other employee welfare or pension benefit.

“nonemergency intrusive physical examination” applies in that section

The term “nonemergency intrusive physical examination” means, with respect to a child, a physical examination that— (1) is not immediately necessary to protect the health or safety of the child involved or the health or safety of another individual; and (2) requires incision or is otherwise invasive, or involves exposure of private body parts. (b) Requirement A Head Start agency shall obtain written parental consent before administration of any nonemergency intrusive physical examination of a child in connection with participation in a program under this subchapter.

“center of excellence” applies in that section

the term “center of excellence” means a Center of Excellence in Early Childhood designated under subsection (b). (b) Designation and bonus grants The Secretary shall, subject to the availability of funds under this section, establish a program under which the Secretary shall— (1) designate not more than 200 exemplary Head Start agencies (including Early Head Start agencies, Indian Head Start agencies, and migrant and seasonal Head Start agencies) as Centers of Excellence in Early Childhood; and (2) make bonus grants to the centers of excellence to carry out the activities described in subsection (d).

“child care provider” applies in that section

the term “child care provider” means a center-based child care provider, a family child care provider, or another provider of child care services for compensation and on a regular basis that— (A) is not an individual who is related to all children for whom child care services are provided; and (B) is licensed, regulated, or registered under State law or receives assistance provided under this subchapter; and;

“child care staff member” applies in that section

the term “child care staff member” means an individual (other than an individual who is related to all children for whom child care services are provided)— (A) who is employed by a child care provider for compensation; or (B) whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider.

“caregiver” applies throughout its subchapter

The term “caregiver” means an individual who provides a service directly to an eligible child on a person-to-person basis. (2) Child care certificate

“child care certificate” applies throughout its subchapter

The term “child care certificate” means a certificate (that may be a check or other disbursement) that is issued by a State or local government under this subchapter directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider. Nothing in this subchapter shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts. (3) Child with a disability

“child with a disability” applies throughout its subchapter

The term “child with a disability” means— (A) a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ); (B) a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.); (C) a child who is less than 13 years of age and who is eligible for services under section 794 of title 29 ; and (D) a child with a disability, as defined by the State involved. (4) Eligible child

“eligible child” applies throughout its subchapter

The term “eligible child” means an individual— (A) who is less than 13 years of age; (B) whose family income does not exceed 85 percent of the State median income for a family of the same size, and whose family assets do not exceed $1,000,000 (as certified by a member of such family); and (C) who— (i) resides with a parent or parents who are working or attending a job training or educational program; or (ii) is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i). (5) English learner

“eligible child care provider” applies throughout its subchapter

The term “eligible child care provider” means— (A) a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that— (i) is licensed, regulated, or registered under State law as described in section 9858c(c)(2)(F) of this title ; and (ii) satisfies the State and local requirements, including those referred to in section 9858c(c)(2)(I) of this title ; applicable to the child care services it provides; or (B) a child care provider that is 18 years of age or older who provides child care services only to eligible children who are, by affinity or consanguinity, or by court decree, the grandchild, …

“English learner” applies throughout its subchapter

The term “English learner” means an individual who is an English learner, as defined in section 7801 of title 20 , or who is limited English proficient, as defined in section 9832 of this title . (6) Eligible child care provider

“family child care provider” applies throughout its subchapter

The term “family child care provider” means one individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence. (8) Indian tribe

“Indian tribe” applies throughout its subchapter

The term “Indian tribe” has the meaning given it in section 5304(e) of title 25 . (9) Lead agency

“lead agency” applies throughout its subchapter

The term “lead agency” means the agency designated or established under section 9858b(a) of this title . (10) Parent

“parent” applies throughout its subchapter

The term “parent” includes a legal guardian, foster parent, or other person standing in loco parentis. (11) Scientifically valid research

“scientifically valid research” applies throughout its subchapter

The term “scientifically valid research” includes applied research, basic research, and field-initiated research, for which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research. (12) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Health and Human Services unless the context specifies otherwise. (13) Sliding fee scale

“sliding fee scale” applies throughout its subchapter

The term “sliding fee scale” means a system of cost sharing by a family based on income and size of the family. (14) State

“State” applies throughout its subchapter

The term “State” means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) Tribal organization (A) In general

“tribal organization” applies throughout its subchapter

The term “tribal organization” has the meaning given it in section 5304( l ) of title 25. (B) Other organizations Such term includes a Native Hawaiian Organization, as defined in section 4909(4) 1 of title 20 and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.

“State” applies in that section

the term “State” has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ).

“child with a disability” applies throughout its subchapter

The terms “child with a disability” and “infant or toddler with a disability” have the meanings given the terms in sections 1401 and 1431 of title 20. (2) Eligible child care provider

“eligible child care provider” applies throughout its subchapter

The term “eligible child care provider” means a provider of child care services for compensation, including a provider of care for a school-age child during non-school hours, that— (A) is licensed, regulated, registered, or otherwise legally operating, under State and local law; and (B) satisfies the State and local requirements, applicable to the child care services the provider provides. (3) Secretary

“infant or toddler with a disability” applies throughout its subchapter

The terms “child with a disability” and “infant or toddler with a disability” have the meanings given the terms in sections 1401 and 1431 of title 20. (2) Eligible child care provider

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Health and Human Services. (4) State

“State” applies throughout its subchapter

The term “State” means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

“community center” applies throughout its subchapter

the term “community center” means facilities operated by nonprofit community-based organizations for the provision of recreational, social, or educational services to the general public;

“dependent” applies throughout its subchapter

the term “dependent” means— (A) an individual who has not attained the age of 17 years; (B) an individual who has attained the age of 55 years; or (C) an individual with a developmental disability;

“developmental disability” applies throughout its subchapter

the term “developmental disability” has the same meaning as in section 15002 of this title ;

“equipment” applies throughout its subchapter

the term “equipment” has the same meaning given that term by section 198(a)(8) of the Elementary and Secondary Education Act of 1965; 1;

“institution of higher education” applies throughout its subchapter

the term “institution of higher education” has the same meaning given that term under section 1001 of title 20 ;

“local educational agency” applies throughout its subchapter

the term “local educational agency” has the same meaning given that term under section 7801 of title 20 ;

“school facilities” applies throughout its subchapter

the term “school facilities” means classrooms and related facilities used for the provision of education;

“school-age children” applies throughout its subchapter

the term “school-age children” means children aged five through thirteen, except that in any State in which by State law children at an earlier age are provided free public education, the age provided in State law shall be substituted for age five;

“Secretary” applies throughout its subchapter

the term “Secretary” means the Secretary of Health and Human Services;

“State” applies throughout its subchapter

the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, Palau, and the Commonwealth of the Northern Mariana Islands; and;

“State educational agency” applies throughout its subchapter

the term “State educational agency” has the meaning given that term under section 7801 1 of title 20.

“eligible entity” applies throughout its chapter

The term “eligible entity” means an entity— (i) that is an eligible entity described in paragraph (1) (as in effect on the day before October 27, 1998 ) as of the day before October 27, 1998 , or is designated by the process described in section 9909 of this title (including an organization serving migrant or seasonal farmworkers that is so described or designated); and (ii) that has a tripartite board or other mechanism described in subsection (a) or (b), as appropriate, of section 9910 of this title . (B) Family literacy services

“family literacy services” applies throughout its chapter

The term “family literacy services” has the meaning given the term in section 9832 of this title . (2) Poverty line

“poverty line” applies throughout its chapter

The term “poverty line” means the official poverty line defined by the Office of Management and Budget based on the most recent data available from the Bureau of the Census. The Secretary shall revise annually (or at any shorter interval the Secretary determines to be feasible and desirable) the poverty line, which shall be used as a criterion of eligibility in the community services block grant program established under this chapter. The required revision shall be accomplished by multiplying the official poverty line by the percentage change in the Consumer Price Index for All Urban Consumers during the annual or other interval immediately preceding the time at which the revision is made.

“private, nonprofit organization” applies throughout its chapter

The term “private, nonprofit organization” includes a religious organization, to which the provisions of section 9920 of this title shall apply. (4) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Health and Human Services. (5) State

“State” applies throughout its chapter

The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.

“charity tax credit” applies in that section

The term “charity tax credit” means a nonrefundable credit against State income tax (or, in the case of a State that does not impose an income tax, a comparable benefit) that is allowable for contributions, in cash or in kind, to qualified charities. (B) Qualified charity (i) In general

“collection organization” applies in that section

The term “collection organization” means an organization described in section 501(c)(3) of such title and exempt from tax under section 501(a) of such title— (aa) that solicits and collects gifts and grants that, by agreement, are distributed to qualified charities; (bb) that distributes to qualified charities at least 90 percent of the gifts and grants the organization receives that are designated for such qualified charities; and (cc) that meets the requirements of clause (vi).

“poverty program expense” applies in that section

The term “poverty program expense” means any expense in providing direct services referred to in clause (iii). (bb) Exceptions Such term shall not include any management or general expense, any expense for the purpose of influencing legislation (as defined in section 4911(d) of title 26 ), any expense for the purpose of fundraising, any expense for a legal service provided on behalf of any individual referred to in clause (iii), any expense for providing tuition assistance relating to compulsory school attendance, and any expense that consists of a payment to an affiliate of the organization.

“qualified charity” applies in that section

The term “qualified charity” means any organization— (I) that is— (aa) described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title; (bb) an eligible entity; or (cc) a public housing agency as defined in section 1437a(b)(6) of this title ; (II) that is certified by the appropriate State authority as meeting the requirements of clauses (iii) and (iv); and (III) if such organization is otherwise required to file a return under section 6033 of such title, that elects to treat the information required to be furnished by clause (v) as being specified in section 6033(b) of such title.