r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“cause” applies in that section
the term “cause” includes— (A) a statewide redistribution of funds provided through a community services block grant under this chapter to respond to— (i) the results of the most recently available census or other appropriate data; (ii) the designation of a new eligible entity; or (iii) severe economic dislocation; or (B) the failure of an eligible entity to comply with the terms of an agreement or a State plan, or to meet a State requirement, as described in section 9915(a) of this title ; and (2) a termination,
“Indian” applies in that section
The term “Indian” means a member of an Indian tribe or of a tribal organization.
“Indian tribe” applies in that section
The terms “Indian tribe” and “tribal organization” mean a tribe, band, or other organized group recognized in the State in which the tribe, band, or group resides, or considered by the Secretary of the Interior, to be an Indian tribe or an Indian organization for any purpose. (2) Indian
“tribal organization” applies in that section
The terms “Indian tribe” and “tribal organization” mean a tribe, band, or other organized group recognized in the State in which the tribe, band, or group resides, or considered by the Secretary of the Interior, to be an Indian tribe or an Indian organization for any purpose. (2) Indian
“controlled substance” applies in that section
the term “controlled substance” has the meaning given the term in section 802 of title 21 . (b) Child support services and referrals During each fiscal year for which an eligible entity receives a grant under section 9907 of this title , such entity shall— (1) inform custodial parents in single-parent families that participate in programs, activities, or services carried out or provided under this chapter about the availability of child support services; and (2) refer eligible parents to the child support offices of State and local governments.
“eligible entity” applies in that section
the term “eligible entity” has the same meaning given such term by section 673(1) of the Community Services Block Grant Act ( 42 U.S.C. 9902(1) ), except that such term includes an organization that serves migrant and seasonal farm workers and that receives a grant under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq.) in the fiscal year preceding the fiscal year for which such organization requests a grant under this section; and;
“Secretary” applies in that section
the term “Secretary” means the Secretary of Health and Human Services. (h) Authorization of appropriations (1) There are authorized to be appropriated $30,000,000 for fiscal year 1995, and such sums as may be necessary for fiscal years 1996, 1997, and 1998, to carry out this section. (2) Of the amounts appropriated for this section, not less than 30 percent and not more than 40 percent shall be used to carry out the programs authorized under subsection (c).
“Administrator” applies throughout its chapter
The term “Administrator” means the Administrator of the Environmental Protection Agency.;
“affected Indian tribe” applies throughout its chapter
The term “affected Indian tribe” means any Indian tribe— (A) within whose reservation boundaries a monitored retrievable storage facility, test and evaluation facility, or a repository for high-level radioactive waste or spent fuel is proposed to be located; (B) whose federally defined possessory or usage rights to other lands outside of the reservation’s boundaries arising out of congressionally ratified treaties may be substantially and adversely affected by the locating of such a facility: Provided , That the Secretary of the Interior finds, upon the petition of the appropriate governmental officials of the tribe, that such effects are both substantial and adverse to the tribe; 1;
“affected unit of local government” applies throughout its chapter
The term “affected unit of local government” means the unit of local government with jurisdiction over the site of a repository or a monitored retrievable storage facility. Such term may, at the discretion of the Secretary, include units of local government that are contiguous with such unit.;
“atomic energy defense activity” applies throughout its chapter
The term “atomic energy defense activity” means any activity of the Secretary performed in whole or in part in carrying out any of the following functions: (A) naval reactors development; (B) weapons activities including defense inertial confinement fusion; (C) verification and control technology; (D) defense nuclear materials production; (E) defense nuclear waste and materials by-products management; (F) defense nuclear materials security and safeguards and security investigations; and (G) defense research and development.;
“candidate site” applies throughout its chapter
The term “candidate site” means an area, within a geologic and hydrologic system, that is recommended by the Secretary under section 10132 of this title for site characterization, approved by the President under section 10132 of this title for site characterization, or undergoing site characterization under section 10133 of this title .;
“civilian nuclear activity” applies throughout its chapter
The term “civilian nuclear activity” means any atomic energy activity other than an atomic energy defense activity.;
“civilian nuclear power reactor” applies throughout its chapter
The term “civilian nuclear power reactor” means a civilian nuclear powerplant required to be licensed under section 2133 or 2134(b) of this title.;
“Commission” applies throughout its chapter
The term “Commission” means the Nuclear Regulatory Commission.;
“Department” applies throughout its chapter
The term “Department” means the Department of Energy.;
“disposal” applies throughout its chapter
The term “disposal” means the emplacement in a repository of high-level radioactive waste, spent nuclear fuel, or other highly radioactive material with no foreseeable intent of recovery, whether or not such emplacement permits the recovery of such waste.;
“disposal package” applies throughout its chapter
The terms “disposal package” and “package” mean the primary container that holds, and is in contact with, solidified high-level radioactive waste, spent nuclear fuel, or other radioactive materials, and any overpacks that are emplaced at a repository.;
“engineered barriers” applies throughout its chapter
The term “engineered barriers” means manmade components of a disposal system designed to prevent the release of radionuclides into the geologic medium involved. Such term includes the high-level radioactive waste form, high-level radioactive waste canisters, and other materials placed over and around such canisters.;
“Federal agency” applies throughout its chapter
The term “Federal agency” means any Executive agency, as defined in section 105 of title 5 .;
“Governor” applies throughout its chapter
The term “Governor” means the chief executive officer of a State.;
“high-level radioactive waste” applies throughout its chapter
The term “high-level radioactive waste” means— (A) the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; and (B) other highly radioactive material that the Commission, consistent with existing law, determines by rule requires permanent isolation.;
“Indian tribe” applies throughout its chapter
The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village, as defined in section 3(c) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(c) ).;
“low-level radioactive waste” applies throughout its chapter
The term “low-level radioactive waste” means radioactive material that— (A) is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or by-product material as defined in section 2014(e)(2) of this title ; and (B) the Commission, consistent with existing law, classifies as low-level radioactive waste.;
“monitored retrievable storage facility” applies throughout its chapter
The term “monitored retrievable storage facility” means the storage facility described in section 10161(b)(1) of this title .
“Negotiator” applies throughout its chapter
The term “Negotiator” means the Nuclear Waste Negotiator. (33) As used in subchapter IV,
“Office” applies throughout its chapter
The term “Office” means the Office of Civilian Radioactive Waste Management established in section 10224 2 of this title.;
“package” applies throughout its chapter
The terms “disposal package” and “package” mean the primary container that holds, and is in contact with, solidified high-level radioactive waste, spent nuclear fuel, or other radioactive materials, and any overpacks that are emplaced at a repository.;
“repository” applies throughout its chapter
The term “repository” means any system licensed by the Commission that is intended to be used for, or may be used for, the permanent deep geologic disposal of high-level radioactive waste and spent nuclear fuel, whether or not such system is designed to permit the recovery, for a limited period during initial operation, of any materials placed in such system. Such term includes both surface and subsurface areas at which high-level radioactive waste and spent nuclear fuel handling activities are conducted.;
“reservation” applies throughout its chapter
The term “reservation” means— (A) any Indian reservation or dependent Indian community referred to in clause (a) or (b) of section 1151 of title 18 ; or (B) any land selected by an Alaska Native village or regional corporation under the provisions of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.).;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Energy.;
“site characterization” applies throughout its chapter
The term “site characterization” means— (A) siting research activities with respect to a test and evaluation facility at a candidate site; and (B) activities, whether in the laboratory or in the field, undertaken to establish the geologic condition and the ranges of the parameters of a candidate site relevant to the location of a repository, including borings, surface excavations, excavations of exploratory shafts, limited subsurface lateral excavations and borings, and in situ testing needed to evaluate the suitability of a candidate site for the location of a repository, but not including preliminary borings and geophysical testing needed to assess whether site characterization should be …
“siting research” applies throughout its chapter
The term “siting research” means activities, including borings, surface excavations, shaft excavations, subsurface lateral excavations and borings, and in situ testing, to determine the suitability of a site for a test and evaluation facility.;
“spent nuclear fuel” applies throughout its chapter
The term “spent nuclear fuel” means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.;
“State” applies throughout its chapter
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.;
“storage” applies throughout its chapter
The term “storage” means retention of high-level radioactive waste, spent nuclear fuel, or transuranic waste with the intent to recover such waste or fuel for subsequent use, processing, or disposal.;
“Storage Fund” applies throughout its chapter
The term “Storage Fund” means the Interim Storage Fund established in section 10156(c) 2 of this title.;
“test and evaluation facility” applies throughout its chapter
The term “test and evaluation facility” means an at-depth, prototypic, underground cavity with subsurface lateral excavations extending from a central shaft that is used for research and development purposes, including the development of data and experience for the safe handling and disposal of solidified high-level radioactive waste, transuranic waste, or spent nuclear fuel.;
“unit of general local government” applies throughout its chapter
The term “unit of general local government” means any borough, city, county, parish, town, township, village, or other general purpose political subdivision of a State.;
“Waste Fund” applies throughout its chapter
The term “Waste Fund” means the Nuclear Waste Fund established in section 10222(c) of this title .;
“Yucca Mountain site” applies throughout its chapter
The term “Yucca Mountain site” means the candidate site in the State of Nevada recommended by the Secretary to the President under section 10132(b)(1)(B) of this title on May 27, 1986 .;
“high-level radioactive waste” applies in that section
The term “high-level radioactive waste” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (2) Spent nuclear fuel
“spent nuclear fuel” applies in that section
The term “spent nuclear fuel” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (3) Standard contract
“standard contract” applies in that section
The term “standard contract” has the meaning given the term “contract” in section 961.3 of title 10, Code of Federal Regulations (or any successor regulation). (b) Report Not later than January 1, 2026 , and biennially thereafter, the Secretary of Energy shall submit to Congress a report that describes— (1) the annual and cumulative amount of payments made by the United States to the holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 ( 42 U.S.C.
“resolution of repository siting approval” applies in that section
the term “resolution of repository siting approval” means a joint resolution of the Congress, the matter after the resolving clause of which is as follows: “That there hereby is approved the site at .......... for a repository, with respect to which a notice of disapproval was submitted by .......... on ...........”.
“potentially acceptable site” applies throughout its subchapter
the term “potentially acceptable site” means any site at which, after geologic studies and field mapping but before detailed geologic data gathering, the Department undertakes preliminary drilling and geophysical testing for the definition of site location. (b) State participation in repository siting decisions (1) Unless otherwise provided by State law, the Governor or legislature of each State shall have authority to submit a notice of disapproval to the Congress under paragraph (2).
“affected Tribal Council” applies in that section
the term “affected Tribal Council” means the governing body of any Indian tribe within whose reservation boundaries there is located a potentially acceptable site for interim storage capacity of spent nuclear fuel from civilian nuclear power reactors, or within whose boundaries a site for such capacity is selected by the Secretary, or whose federally defined possessory or usage rights to other lands outside of the reservation’s boundaries arising out of congressionally ratified treaties, as determined by the Secretary of the Interior pursuant to a petition filed with him by the appropriate governmental officials of such tribe, may be substantially and adversely affected by the establishment …
“facility” applies in that section
the term “facility” means any building or structure. (b) Contracts (1) Subject to the capacity limitation established in subsections (a)(1) and (d), the Secretary shall offer to enter into, and may enter into, contracts under section 10156(a) of this title with any person generating or owning spent nuclear fuel for purposes of providing storage capacity for such spent fuel under this section only if the Commission determines that— (A) adequate storage capacity to ensure the continued orderly operation of the civilian nuclear power reactor at which such spent nuclear fuel is generated cannot reasonably be provided by the person owning and operating such reactor at such site, or at the site …
“resolution” applies in that section
the term “resolution” means a joint resolution of either House of the Congress, the matter after the resolving clause of which is as follows: “That there hereby is approved the provision of 300 or more metric tons of spent nuclear fuel storage capacity at the site located at _______, with respect to which a notice of disapproval was submitted by _______ on _______.”.
“unit of local government” applies in that section
the term “unit of local government” means a county, parish, township, municipality, and shall include a borough existing in the State of Alaska on January 7, 1983 , and any other unit of government below the State level which is a unit of general government as determined by the Secretary. (f) Administration of Storage Fund (1) The Secretary of the Treasury shall hold the Storage Fund and, after consultation with the Secretary, annually report to the Congress on the financial condition and operations of the Storage Fund during the preceding fiscal year.
“process of consultation and cooperation” applies in that section
the term “process of consultation and cooperation” means a methodology— (1) by which the Secretary— (A) keeps the Governor or governing body involved fully and currently informed about any potential economic or public health and safety impacts in all stages of the siting, development, construction, and operation of a test and evaluation facility; (B) solicits, receives, and evaluates concerns and objections of such Governor or governing body with regard to such test and evaluation facility on an ongoing basis; and (C) works diligently and cooperatively to resolve such concerns and objections; and (2) by which the State or affected Indian tribe involved can exercise reasonable independent …
“State” applies throughout its subchapter
the term “State” means each of the several States and the District of Columbia.
“Board” applies throughout its subchapter
The term “Board” means the Nuclear Waste Technical Review Board established under section 10262 of this title .
“Chairman” applies throughout its subchapter
The term “Chairman” means the Chairman of the Nuclear Waste Technical Review Board.;
“State” applies throughout its chapter
the term “State” includes the Commonwealth of Puerto Rico, the District of Columbia, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands and the Federated States of Micronesia) at a college or university which was established in accordance with the Act approved July 2, 1862 ( 12 Stat. 503 ) [ 7 U.S.C. 301 et seq.], or at some other institution designated by act of the legislature of the State concerned.
“Administrator” applies throughout its chapter
The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration. (2) Advisory Committee
“Advisory Committee” applies throughout its chapter
The term “Advisory Committee” means the National Advisory Committee on Water Information established— (A) under the Office of Management and Budget Circular 92–01; and (B) to coordinate water data collection activities. (3) Assessment program
“assessment program” applies throughout its chapter
The term “assessment program” means the water availability and use assessment program established by the Secretary under section 10368(a) of this title . (4) Climate division
“climate division” applies throughout its chapter
The term “climate division” means 1 of the 359 divisions in the United States that represents 2 or more regions located within a State that are as climatically homogeneous as possible, as determined by the Administrator. (5) Commissioner
“Commissioner” applies throughout its chapter
The term “Commissioner” means the Commissioner of Reclamation. (6) Director
“Director” applies throughout its chapter
The term “Director” means the Director of the United States Geological Survey. (7) Eligible applicant
“eligible applicant” applies throughout its chapter
The term “eligible applicant” means— (A) any State, Indian tribe, irrigation district, or water district; (B) any State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; (C) any other organization with water or power delivery authority; and (D) any nonprofit conservation organization, if— (i) the nonprofit conservation organization is acting in partnership with and with the agreement of an entity described in subparagraph (A), (B), or (C); or (ii) in the case of an application for a project to improve the condition of a natural feature or nature-based feature on Federal land, the entities described in subparagraph …
“Federal Power Marketing Administration” applies throughout its chapter
The term “Federal Power Marketing Administration” means— (A) the Bonneville Power Administration; (B) the Southeastern Power Administration; (C) the Southwestern Power Administration; and (D) the Western Area Power Administration. (9) Hydrologic accounting unit
“hydrologic accounting unit” applies throughout its chapter
The term “hydrologic accounting unit” means 1 of the 352 river basin hydrologic accounting units used by the United States Geological Survey. (10) Indian tribe
“Indian tribe” applies throughout its chapter
The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . (11) Major aquifer system
“major aquifer system” applies throughout its chapter
The term “major aquifer system” means a groundwater system that is— (A) identified as a significant groundwater system by the Director; and (B) included in the Groundwater Atlas of the United States, published by the United States Geological Survey. (12) Major reclamation river basin (A) In general
“major reclamation river basin” applies throughout its chapter
The term “major reclamation river basin” means each major river system (including tributaries)— (i) that is located in a service area of the Bureau of Reclamation; and (ii) at which is located a federally authorized project of the Bureau of Reclamation. (B) Inclusions
“natural feature” applies throughout its chapter
The term “natural feature” means a feature that is created through the action of physical, geological, biological, and chemical processes over time. (14) Nature-based feature
“nature-based feature” applies throughout its chapter
The term “nature-based feature” means a feature that is created by human design, engineering, and construction to provide a means to reduce water supply and demand imbalances or drought or flood risk by acting in concert with natural processes. (15) Non-Federal participant
“non-Federal participant” applies throughout its chapter
The term “non-Federal participant” means— (A) a State, regional, or local authority; (B) an Indian tribe or tribal organization; or (C) any other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or association, or a nongovernmental organization. (16) Panel
“panel” applies throughout its chapter
The term “panel” means the climate change and water intragovernmental panel established by the Secretary under section 10366(a) of this title . (17) Program
“program” applies throughout its chapter
The term “program” means the regional integrated sciences and assessments program— (A) established by the Administrator; and (B) that is comprised of 8 regional programs that use advances in integrated climate sciences to assist decisionmaking processes. (18) Secretary (A) In general Except as provided in subparagraph (B),
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of the Interior. (B) Exceptions
“service area” applies throughout its chapter
The term “service area” means any area that encompasses a watershed that contains a federally authorized reclamation project that is located in any State or area described in section 391 of title 43 .
“Alaska Native” applies throughout its chapter
The term “Alaska Native” has the meaning given the term “Native” in section 1602 of title 43 . (2) Dating violence
“dating violence” applies throughout its chapter
The term “dating violence” has the meaning given such term in section 12291(a) of this title . (3) Domestic violence
“domestic violence” applies throughout its chapter
The term “domestic violence” has the meaning given such term in section 12291(a) of this title . (4) Family violence
“family violence” applies throughout its chapter
The term “family violence” means any act or threatened act of violence, including any forceful detention of an individual, that— (A) results or threatens to result in physical injury; and (B) is committed by a person against another individual (including an elderly individual) to or with whom such person— (i) is related by blood; (ii) is or was related by marriage or is or was otherwise legally related; or (iii) is or was lawfully residing. (5) Indian; Indian tribe; tribal organization
“Indian” applies throughout its chapter
The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings given such terms in section 5304 of title 25 . (6) Native Hawaiian
“Indian tribe” applies throughout its chapter
The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings given such terms in section 5304 of title 25 . (6) Native Hawaiian
“Native Hawaiian” applies throughout its chapter
The term “Native Hawaiian” has the meaning given the term in section 7517 of title 20 . (7) Personally identifying information
“personally identifying information” applies throughout its chapter
The term “personally identifying information” has the meaning given the term in section 12291(a) of this title . (8) Secretary
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Health and Human Services. (9) Shelter
“shelter” applies throughout its chapter
The term “shelter” means the provision of temporary refuge and supportive services in compliance with applicable State law (including regulation) governing the provision, on a regular basis, of shelter, safe homes, meals, and supportive services to victims of family violence, domestic violence, or dating violence, and their dependents. (10) State
“State” applies throughout its chapter
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and, except as otherwise provided, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (11) State Domestic Violence Coalition
“State Domestic Violence Coalition” applies throughout its chapter
The term “State Domestic Violence Coalition” means a statewide nongovernmental nonprofit private domestic violence organization that— (A) has a membership that includes a majority of the primary-purpose domestic violence service providers in the State; (B) has board membership that is representative of primary-purpose domestic violence service providers, and which may include representatives of the communities in which the services are being provided in the State; (C) has as its purpose to provide education, support, and technical assistance to such service providers to enable the providers to establish and maintain shelter and supportive services for victims of domestic violence and their …
“supportive services” applies throughout its chapter
The term “supportive services” means services for adult and youth victims of family violence, domestic violence, or dating violence, and dependents exposed to family violence, domestic violence, or dating violence, that are designed to— (A) meet the needs of such victims of family violence, domestic violence, or dating violence, and their dependents, for short-term, transitional, or long-term safety; and (B) provide counseling, advocacy, or assistance for victims of family violence, domestic violence, or dating violence, and their dependents. (13) Tribally designated official
“tribal organization” applies throughout its chapter
The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings given such terms in section 5304 of title 25 . (6) Native Hawaiian
“tribally designated official” applies throughout its chapter
The term “tribally designated official” means an individual designated by an Indian tribe, tribal organization, or nonprofit private organization authorized by an Indian tribe, to administer a grant under section 10409 of this title . (14) Underserved populations
“underserved populations” applies throughout its chapter
The term “underserved populations” has the meaning given the term in section 12291(a) of this title . For the purposes of this chapter, the Secretary has the same authority to determine whether a population is an underserved population as the Attorney General has under that section 12291(a) 1 of this title.
“covered territories” applies in that section
the term “covered territories” means Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (c) Application Each State Domestic Violence Coalition desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary determines to be essential to carry out the objectives of this section.
“abuse” applies throughout its subchapter
The term “abuse” means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to a 1 individual with mental illness, and includes acts such as— (A) the rape or sexual assault of a 1 individual with mental illness; (B) the striking of a 1 individual with mental illness; (C) the use of excessive force when placing a 1 individual with mental illness in bodily restraints; and (D) the use of bodily or chemical restraints on a 1 individual with mental illness which is not in compliance with Federal and State laws and …
“American Indian consortium” applies throughout its subchapter
The term “American Indian consortium” means a consortium established under part C of the Developmental Disabilities Assistance and Bill of Rights Act 3 ( 42 U.S.C. 6042 et seq.).
“eligible system” applies throughout its subchapter
The term “eligible system” means the system established in a State to protect and advocate the rights of persons with developmental disabilities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [ 42 U.S.C. 15041 et seq.]. (3) The term “facilities” may include, but need not be limited to, hospitals, nursing homes, community facilities for individuals with mental illness, board and care homes, homeless shelters, and jails and prisons.;
“individual with mental illness” applies throughout its subchapter
The term “individual with mental illness” means, except as provided in section 10804(d) of this title , an individual— (A) who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and (B) (i) (I) who is an inpatient or resident in a facility rendering care or treatment, even if the whereabouts of such inpatient or resident are unknown; (II) who is in the process of being admitted to a facility rendering care or treatment, including persons being transported to such a facility; or”; 2 (III) who is involuntarily confined in a municipal detention facility for reasons other than serving a …
“neglect” applies throughout its subchapter
The term “neglect” means a negligent act or omission by any individual responsible for providing services in a facility rendering care or treatment which caused or may have caused injury or death to a 1 individual with mental illness or which placed a 1 individual with mental illness at risk of injury or death, and includes an act or omission such as the failure to establish or carry out an appropriate individual program plan or treatment plan for a 1 individual with mental illness, the failure to provide adequate nutrition, clothing, or health care to a 1 individual with mental illness, or the failure to provide a safe environment for a 1 individual with mental illness, including the …
“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, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.;
“records” applies in that section
the term “records” includes reports prepared by any staff of a facility rendering care and treatment or reports prepared by an agency charged with investigating reports of incidents of abuse, neglect, and injury occurring at such facility that describe incidents of abuse, neglect, and injury occurring at such facility and the steps taken to investigate such incidents, and discharge planning records. (B) An eligible system shall have access to the type of records described in subparagraph (A) in accordance with the provisions of subsection (a) and paragraphs (1) and (2) of subsection (b).
“relative per capita income” applies in that section
the term “relative per capita income” means the quotient of the per capita income of the United States and the per capita income of the State, except that if the State is Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, or the Virgin Islands, the quotient shall be considered to be one. (2) (A) The minimum amount of the allotment of an eligible system shall be the product (rounded to the nearest $100) of the appropriate base amount determined under subparagraph (B) and the factor specified in subparagraph (C).
“individual with mental illness” applies in that section
the term “individual with mental illness” has the same meaning as in section 10802(3) 1 of this title.
“eligible individual” applies throughout its chapter
the term “eligible individual” means a candidate for the Child Development Associate credential whose income does not exceed the 1 130 percent of the lower living standard income level, 2 by more than 50 percent;
“lower living standard income level” applies throughout its chapter
the term “lower living standard income level” means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary of Labor and based on the most recent lower living family budget issued by the Secretary of Labor;
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of Health and Human Services; and;
“State” applies throughout its chapter
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 Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, and Palau.
“toxicity” applies in that section
the term “toxicity” shall include any short- or long-term health effect which may result from a short-term exposure to the substance. (b) Facilities covered (1) Except as provided in section 11004 of this title , a facility is subject to the requirements of this subchapter if a substance on the list referred to in subsection (a) is present at the facility in an amount in excess of the threshold planning quantity established for such substance.
“applicable State agency” applies in that section
The term “applicable State agency” means the State agency that has primary responsibility to enforce the requirements of the Safe Drinking Water Act in the State.
“community water system” applies in that section
The term “community water system” has the meaning given such term in section 1401(15) of the Safe Drinking Water Act [ 42 U.S.C. 300f(15) ]. (B) Applicable State agency
“hazardous chemical” applies in that section
the term “hazardous chemical” has the meaning given such term by section 1910.1200(c) of title 29 of the Code of Federal Regulations, except that such term does not include the following: (1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration. (2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use. (3) Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.
“affected community water system” applies in that section
the term “affected community water system” means a community water system (as defined in section 300f(15) of this title ) that receives supplies of drinking water from a source water area, delineated under section 300j–13 of this title , in which a facility that is required to prepare and submit an inventory form under subsection (a)(1) is located.
“manufacture” applies in that section
The term “manufacture” means to produce, prepare, import, or compound a toxic chemical.;
“mass balance” applies in that section
the term “mass balance” means an accumulation of the annual quantities of chemicals transported to a facility, produced at a facility, consumed at a facility, used at a facility, accumulated at a facility, released from a facility, and transported from a facility as a waste or as a commercial product or byproduct or component of a commercial product or byproduct.
“process” applies in that section
The term “process” means the preparation of a toxic chemical, after its manufacture, for distribution in commerce— (I) in the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such chemical, or (II) as part of an article containing the toxic chemical.
“Administrator” applies throughout its chapter
The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) Environment
“environment” applies throughout its chapter
The term “environment” includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things. (3) Extremely hazardous substance
“extremely hazardous substance” applies throughout its chapter
The term “extremely hazardous substance” means a substance on the list described in section 11002(a)(2) of this title . (4) Facility
“facility” applies throughout its chapter
The term “facility” means all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person). For purposes of section 11004 of this title , the term includes motor vehicles, rolling stock, and aircraft. (5) Hazardous chemical
“hazardous chemical” applies throughout its chapter
The term “hazardous chemical” has the meaning given such term by section 11021(e) of this title . (6) Material safety data sheet
“material safety data sheet” applies throughout its chapter
The term “material safety data sheet” means the sheet required to be developed under section 1910.1200(g) of title 29 of the Code of Federal Regulations, as that section may be amended from time to time. (7) Person
“person” applies throughout its chapter
The term “person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or interstate body. (8) Release
“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) of any hazardous chemical, extremely hazardous substance, or toxic chemical. (9) State
“State” applies throughout its chapter
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession over which the United States has jurisdiction. (10) Toxic chemical
“toxic chemical” applies throughout its chapter
The term “toxic chemical” means a substance on the list described in section 11023(c) of this title .
“adversely affecting” applies throughout its chapter
The term “adversely affecting” includes reducing, restricting, suspending, revoking, denying, or failing to renew clinical privileges or membership in a health care entity.;
“Board of Medical Examiners” applies throughout its chapter
The term “Board of Medical Examiners” includes a body comparable to such a Board (as determined by the State) with responsibility for the licensing of physicians and also includes a subdivision of such a Board or body.;
“clinical privileges” applies throughout its chapter
The term “clinical privileges” includes privileges, membership on the medical staff, and the other circumstances pertaining to the furnishing of medical care under which a physician or other licensed health care practitioner is permitted to furnish such care by a health care entity. (4);
“health care entity” applies throughout its chapter
The term “health care entity” means— (i) a hospital that is licensed to provide health care services by the State in which it is located, (ii) an entity (including a health maintenance organization or group medical practice) that provides health care services and that follows a formal peer review process for the purpose of furthering quality health care (as determined under regulations of the Secretary), and (iii) subject to subparagraph (B), a professional society (or committee thereof) of physicians or other licensed health care practitioners that follows a formal peer review process for the purpose of furthering quality health care (as determined under regulations of the Secretary).
“hospital” applies throughout its chapter
The term “hospital” means an entity described in paragraphs (1) and (7) of section 1395x(e) of this title .;
“licensed health care practitioner” applies throughout its chapter
The terms “licensed health care practitioner” and “practitioner” mean, with respect to a State, an individual (other than a physician) who is licensed or otherwise authorized by the State to provide health care services.;
“medical malpractice action or claim” applies throughout its chapter
The term “medical malpractice action or claim” means a written claim or demand for payment based on a health care provider’s furnishing (or failure to furnish) health care services, and includes the filing of a cause of action, based on the law of tort, brought in any court of any State or the United States seeking monetary damages.;
“physician” applies throughout its chapter
The term “physician” means a doctor of medicine or osteopathy or a doctor of dental surgery or medical dentistry legally authorized to practice medicine and surgery or dentistry by a State (or any individual who, without authority holds himself or herself out to be so authorized).;
“practitioner” applies throughout its chapter
The terms “licensed health care practitioner” and “practitioner” mean, with respect to a State, an individual (other than a physician) who is licensed or otherwise authorized by the State to provide health care services.;
“professional review action” applies throughout its chapter
The term “professional review action” means an action or recommendation of a professional review body which is taken or made in the conduct of professional review activity, which is based on the competence or professional conduct of an individual physician (which conduct affects or could affect adversely the health or welfare of a patient or patients), and which affects (or may affect) adversely the clinical privileges, or membership in a professional society, of the physician.
“professional review activity” applies throughout its chapter
The term “professional review activity” means an activity of a health care entity with respect to an individual physician— (A) to determine whether the physician may have clinical privileges with respect to, or membership in, the entity, (B) to determine the scope or conditions of such privileges or membership, or (C) to change or modify such privileges or membership.;
“professional review body” applies throughout its chapter
The term “professional review body” means a health care entity and the governing body or any committee of a health care entity which conducts professional review activity, and includes any committee of the medical staff of such an entity when assisting the governing body in a professional review activity.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Health and Human Services.;
“State” applies throughout its chapter
The term “State” means the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.;
“State licensing board” applies throughout its chapter
The term “State licensing board” means, with respect to a physician or health care provider in a State, the agency of the State which is primarily responsible for the licensing of the physician or provider to furnish health care services.
“Alzheimer’s” applies in that section
the term “Alzheimer’s” means Alzheimer’s disease and related dementias. (b) Establishment There is established in the Office of the Secretary of Health and Human Services the National Alzheimer’s Project (referred to in this Act as the “Project”).
“homeless” applies throughout its chapter
the terms “homeless”, “homeless individual”, and “homeless person” means— 1 (1) an individual or family who lacks a fixed, regular, and adequate nighttime residence; (2) an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; (3) an individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by Federal, State, or local government programs for low-income …
“homeless individual” applies throughout its chapter
the terms “homeless”, “homeless individual”, and “homeless person” means— 1 (1) an individual or family who lacks a fixed, regular, and adequate nighttime residence; (2) an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; (3) an individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by Federal, State, or local government programs for low-income …
“homeless person” applies throughout its chapter
the terms “homeless”, “homeless individual”, and “homeless person” means— 1 (1) an individual or family who lacks a fixed, regular, and adequate nighttime residence; (2) an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; (3) an individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by Federal, State, or local government programs for low-income …
“Council” applies throughout its subchapter
The term “Council” means the United States Interagency Council on Homelessness established in section 11311 of this title .;
“Federal agency” applies throughout its subchapter
The term “Federal agency” has the meaning given the term “agency” in section 551(1) of title 5 .
“Director” applies throughout its subchapter
The term “Director” means the Administrator of the Federal Emergency Management Agency.;
“emergency shelter” applies throughout its subchapter
The term “emergency shelter” means a facility all or a part of which is used or designed to be used to provide temporary housing.;
“local government” applies throughout its subchapter
The term “local government” means a unit of general purpose local government.;
“locality” applies throughout its subchapter
The term “locality” means the geographical area within the jurisdiction of a local government.;
“National Board” applies throughout its subchapter
The term “National Board” means the Emergency Food and Shelter Program National Board.;
“private nonprofit organization” applies throughout its subchapter
The term “private nonprofit organization” means an organization— (A) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (B) that has a voluntary board; (C) that has an accounting system, or has designated a fiscal agent in accordance with requirements established by the Director; and (D) that practices nondiscrimination in the provision of assistance.;