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

“State” applies throughout its subchapter

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.

“at risk of homelessness” applies throughout its subchapter

The term “at risk of homelessness” means, with respect to an individual or family, that the individual or family— (A) has income below 30 percent of median income for the geographic area; (B) has insufficient resources immediately available to attain housing stability; and (C) (i) has moved frequently because of economic reasons; (ii) is living in the home of another because of economic hardship; (iii) has been notified that their right to occupy their current housing or living situation will be terminated; (iv) lives in a hotel or motel; (v) lives in severely overcrowded housing; (vi) is exiting an institution; or (vii) otherwise lives in housing that has characteristics associated with …

“chronically homeless” applies throughout its subchapter

The term “chronically homeless” means, with respect to an individual or family, that the individual or family— (i) is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter; (ii) has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years; and (iii) has an adult head of household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in section 15002 of this title …

“collaborative applicant” applies throughout its subchapter

The term “collaborative applicant” means an entity that— (A) carries out the duties specified in section 11360a of this title ; (B) serves as the applicant for project sponsors who jointly submit a single application for a grant under part C in accordance with a collaborative process; and (C) if the entity is a legal entity and is awarded such grant, receives such grant directly from the Secretary. (4) Collaborative application

“collaborative application” applies throughout its subchapter

The term “collaborative application” means an application for a grant under part C that— (A) satisfies section 11382 of this title ; and (B) is submitted to the Secretary by a collaborative applicant. (5) Consolidated Plan

“Consolidated Plan” applies throughout its subchapter

The term “Consolidated Plan” means a comprehensive housing affordability strategy and community development plan required in part 91 of title 24, Code of Federal Regulations. (6) Eligible entity

“eligible entity” applies throughout its subchapter

The term “eligible entity” means, with respect to a part, a public entity, a private entity, or an entity that is a combination of public and private entities, that is eligible to directly receive grant amounts under such part. (7) Families with children and youth defined as homeless under other Federal statutes

“formula area” applies throughout its subchapter

The term “formula area” has the meaning given the term in section 1000.302 of title 24, Code of Federal Regulations, or any successor regulation. (9) Geographic area

“geographic area” applies throughout its subchapter

The term “geographic area” means a State, metropolitan city, urban county, town, village, or other nonentitlement area, a formula area, or a combination or consortia of such, in the United States, as described in section 5306 of this title . (10) Homeless individual with a disability (A) In general

“homeless individual with a disability” applies throughout its subchapter

The term “homeless individual with a disability” means an individual who is homeless, as defined in section 11302 of this title , and has a disability that— (i) (I) is expected to be long-continuing or of indefinite duration; (II) substantially impedes the individual’s ability to live independently; (III) could be improved by the provision of more suitable housing conditions; and (IV) is a physical, mental, or emotional impairment, including an impairment caused by alcohol or drug abuse, post traumatic stress disorder, or brain injury; (ii) is a developmental disability, as defined in section 15002 of this title ; or (iii) is the disease of acquired immunodeficiency syndrome or any …

“Indian Tribe” applies throughout its subchapter

The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 4103 of title 25 . (12) Legal entity

“legal entity” applies throughout its subchapter

The term “legal entity” means— (A) an entity described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title; (B) an instrumentality of State or local government; or (C) a consortium of instrumentalities of State or local governments that has constituted itself as an entity. (13) Metropolitan city; urban county; nonentitlement area

“metropolitan city” applies throughout its subchapter

The terms “metropolitan city”, “urban county”, and “nonentitlement area” have the meanings given such terms in section 5302(a) of this title . (14) New

“new” applies throughout its subchapter

The term “new” means, with respect to housing, that no assistance has been provided under this subchapter for the housing. (15) Operating costs

“nonentitlement area” applies throughout its subchapter

The terms “metropolitan city”, “urban county”, and “nonentitlement area” have the meanings given such terms in section 5302(a) of this title . (14) New

“operating costs” applies throughout its subchapter

The term “operating costs” means expenses incurred by a project sponsor operating transitional housing or permanent housing under this subchapter with respect to— (A) the administration, maintenance, repair, and security of such housing; (B) utilities, fuel, furnishings, and equipment for such housing; or (C) coordination of services as needed to ensure long-term housing stability. (16) Outpatient health services

“outpatient health services” applies throughout its subchapter

The term “outpatient health services” means outpatient health care services, mental health services, and outpatient substance abuse services. (17) Permanent housing

“permanent housing” applies throughout its subchapter

The term “permanent housing” means community-based housing without a designated length of stay, and includes both permanent supportive housing and permanent housing without supportive services. (18) Personally identifying information

“personally identifying information” applies throughout its subchapter

The term “personally identifying information” means individually identifying information for or about an individual, including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, including— (A) a first and last name; (B) a home or other physical address; (C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number); (D) a social security number; and (E) any other information, including date of birth, racial or ethnic background, or religious affiliation, that, in combination with any other non-personally identifying information, would serve to identify any …

“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 Secretary; and (D) that practices nondiscrimination in the provision of assistance. (20) Project

“project” applies throughout its subchapter

The term “project” means, with respect to activities carried out under part C, eligible activities described in section 11383(a) of this title , undertaken pursuant to a specific endeavor, such as serving a particular population or providing a particular resource. (21) Project-based

“project sponsor” applies throughout its subchapter

The term “project sponsor” means, with respect to proposed eligible activities, the organization directly responsible for carrying out the proposed eligible activities. (23) Recipient Except as used in part B,

“project-based” applies throughout its subchapter

The term “project-based” means, with respect to rental assistance, that the assistance is provided pursuant to a contract that— (A) is between— (i) the recipient or a project sponsor; and (ii) an owner of a structure that exists as of the date the contract is entered into; and (B) provides that rental assistance payments shall be made to the owner and that the units in the structure shall be occupied by eligible persons for not less than the term of the contract. (22) Project sponsor

“recipient” applies throughout its subchapter

the term “recipient” means an eligible entity who— (A) submits an application for a grant under section 11382 of this title that is approved by the Secretary; (B) receives the grant directly from the Secretary to support approved projects described in the application; and (C) (i) serves as a project sponsor for the projects; or (ii) awards the funds to project sponsors to carry out the projects. (24) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Housing and Urban Development. (25) Serious mental illness

“serious mental illness” applies throughout its subchapter

The term “serious mental illness” means a severe and persistent mental illness or emotional impairment that seriously limits a person’s ability to live independently. (26) Solo applicant

“solo applicant” applies throughout its subchapter

The term “solo applicant” means an entity that is an eligible entity, directly submits an application for a grant under part C to the Secretary, and, if awarded such grant, receives such grant directly from the Secretary. (27) Sponsor-based

“sponsor-based” applies throughout its subchapter

The term “sponsor-based” means, with respect to rental assistance, that the assistance is provided pursuant to a contract that— (A) is between— (i) the recipient or a project sponsor; and (ii) an independent entity that— (I) is a private organization; and (II) owns or leases dwelling units; and (B) provides that rental assistance payments shall be made to the independent entity and that eligible persons shall occupy such assisted units. (28) State Except as used in part B,

“State” applies throughout its subchapter

the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (29) Supportive services

“supportive services” applies throughout its subchapter

The term “supportive services” means services that address the special needs of people served by a project, including— (A) the establishment and operation of a child care services program for families experiencing homelessness; (B) the establishment and operation of an employment assistance program, including providing job training; (C) the provision of outpatient health services, food, and case management; (D) the provision of assistance in obtaining permanent housing, employment counseling, and nutritional counseling; (E) the provision of outreach services, advocacy, life skills training, and housing search and counseling services; (F) the provision of mental health services, trauma …

“tenant-based” applies throughout its subchapter

The term “tenant-based” means, with respect to rental assistance, assistance that— (A) allows an eligible person to select a housing unit in which such person will live using rental assistance provided under part C, except that if necessary to assure that the provision of supportive services to a person participating in a program is feasible, a recipient or project sponsor may require that the person live— (i) in a particular structure or unit for not more than the first year of the participation; (ii) within a particular geographic area for the full period of the participation, or the period remaining after the period referred to in subparagraph (A); and (B) provides that a person may …

“transitional housing” applies throughout its subchapter

The term “transitional housing” means housing the purpose of which is to facilitate the movement of individuals and families experiencing homelessness to permanent housing within 24 months or such longer period as the Secretary determines necessary. (32) Unified funding agency

“underserved populations” applies throughout its subchapter

The term “underserved populations” includes populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Secretary, as appropriate. (34) Victim service provider

“unified funding agency” applies throughout its subchapter

The term “unified funding agency” means a collaborative applicant that performs the duties described in section 11360a(g) of this title . (33) Underserved populations

“urban county” applies throughout its subchapter

The terms “metropolitan city”, “urban county”, and “nonentitlement area” have the meanings given such terms in section 5302(a) of this title . (14) New

“victim service provider” applies throughout its subchapter

The term “victim service provider” means a private nonprofit organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking. Such term includes rape crisis centers, battered women’s shelters, domestic violence transitional housing programs, and other programs. (35) Victim services

“victim services” applies throughout its subchapter

The term “victim services” means services that assist domestic violence, dating violence, sexual assault, or stalking victims, including services offered by rape crisis centers and domestic violence shelters, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.

“local government” applies throughout its part

The term “local government” means a unit of general purpose local government.;

“locality” applies throughout its part

The term “locality” means the geographical area within the jurisdiction of a local government.;

“metropolitan city” applies throughout its part

The term “metropolitan city” has the meaning given such term in section 5302 of this title .;

“operating costs” applies throughout its part

The term “operating costs” means expenses incurred by a recipient operating a facility assisted under this part with respect to— (A) the administration, maintenance, repair, and security of such housing; and (B) utilities, fuels, furnishings, and equipment for such housing.;

“private nonprofit organization” applies throughout its part

The term “private nonprofit organization” means a secular or religious organization described in section 501(c) of title 26 that is exempt from taxation under subtitle A of title 26, has an accounting system and a voluntary board, and practices nondiscrimination in the provision of assistance.;

“recipient” applies throughout its part

The term “recipient” means any governmental or private nonprofit entity that is approved by the Secretary as to financial responsibility.;

“Secretary” applies throughout its part

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

“State” applies throughout its part

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.;

“urban county” applies throughout its part

The term “urban county” has the meaning given such term in section 5302 of this title .

“high-performing community” applies in that section

the term “high-performing community” means a geographic area that demonstrates through reliable data that all five of the following requirements are met for that geographic area: (1) Term of homelessness The mean length of episodes of homelessness for that geographic area— (A) is less than 20 days; or (B) for individuals and families in similar circumstances in the preceding year was at least 10 percent less than in the year before.

“program” applies in that section

The term “program” means the rural housing stability grant program established under this section. (2) Rural area; rural community

“rural area” applies in that section

The terms “rural area” and “rural community” mean— (A) any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget; (B) any area or community, respectively, that is— (i) within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area; and (ii) located in a county where at least 75 percent of the population is rural; or (C) any area or community, respectively, located in a State that has population density of less than 30 persons per square mile (as reported in the most recent decennial census), and of which at least 1.25 percent of …

“rural community” applies in that section

The terms “rural area” and “rural community” mean— (A) any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget; (B) any area or community, respectively, that is— (i) within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area; and (ii) located in a county where at least 75 percent of the population is rural; or (C) any area or community, respectively, located in a State that has population density of less than 30 persons per square mile (as reported in the most recent decennial census), and of which at least 1.25 percent of …

“Secretary” applies in that section

The term “Secretary” means the Secretary of Housing and Urban Development. (l) Program funding (1) In general The Secretary shall determine the total amount of funding attributable under section 11386a(b)(2) of this title to meet the needs of any geographic area in the Nation that applies for funding under this section. The Secretary shall transfer any amounts determined under this subsection from the Community Homeless Assistance Program and consolidate such transferred amounts for grants under this section, except that the Secretary shall transfer an amount not less than 5 percent of the amount available under part C for grants under this section.

“Administrator” applies in that section

the term “Administrator” means the Administrator of General Services; (2) each of

“excess property” applies in that section

the terms “excess property” and “surplus property” has the meaning given that term under section 102 of title 40 ;

“landholding agency” applies in that section

the term “landholding agency” means a Federal department or agency with statutory authority to control real property;

“representative of the homeless” applies in that section

the term “representative of the homeless” means a State or local government agency, or private nonprofit organization, which provides services to the homeless; and;

“Secretary” applies in that section

the term “Secretary” means the Secretary of Housing and Urban Development, except as otherwise provided.

“surplus property” applies in that section

the terms “excess property” and “surplus property” has the meaning given that term under section 102 of title 40 ;

“covered county” applies in that section

the term “covered county” means— (i) San Joaquin County, California; (ii) Orange County, California; (iii) San Diego County, California; and (iv) Maricopa County, Arizona. (f) Functions of the Office of the Coordinator The Coordinator for Education of Homeless Children and Youths established in each State shall— (1) gather and make publicly available reliable, valid, and comprehensive information on— (A) the number of homeless children and youths identified in the State, which shall be posted annually on the State educational agency’s website; (B) the nature and extent of the problems homeless children and youths have in gaining access to public preschool programs and to public elementary …

“school of origin” applies in that section

The term “school of origin” means the school that a child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool. (ii) Receiving school When the child or youth completes the final grade level served by the school of origin, as described in clause (i),

“enroll” applies throughout its part

The terms “enroll” and “enrollment” include attending classes and participating fully in school activities.;

“enrollment” applies throughout its part

The terms “enroll” and “enrollment” include attending classes and participating fully in school activities.;

“homeless children and youths” applies throughout its part

The term “homeless children and youths”— (A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 11302(a)(1) of this title ); and (B) includes— (i) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals; (ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping …

“local educational agency” applies throughout its part

The terms “local educational agency” and “State educational agency” have the meanings given such terms in section 7801 of title 20 .;

“Secretary” applies throughout its part

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

“State” applies throughout its part

The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.;

“State educational agency” applies throughout its part

The terms “local educational agency” and “State educational agency” have the meanings given such terms in section 7801 of title 20 .;

“unaccompanied youth” applies throughout its part

The term “unaccompanied youth” includes a homeless child or youth not in the physical custody of a parent or guardian.

“enterprise zone” applies in that section

the term “enterprise zone” means any area that— (A) is nominated by one or more local governments and the State or States in which it is located for designation as an enterprise zone (in this section referred to as a “nominated area”); and (B) the Secretary of Housing and Urban Development designates as an enterprise zone, after consultation with— (i) the Secretaries of Agriculture, Commerce, Labor, and the Treasury, the Director of the Office of Management and Budget, and the Administrator of the Small Business Administration; and (ii) in the case of an area on an Indian reservation, the Secretary of the Interior.

“local government” applies in that section

The term “local government” means— (A) any county, city, town, township, parish, village, or other general purpose political subdivision of a State; (B) any combination of political subdivisions described in subparagraph (A) recognized by the Secretary; and (C) the District of Columbia. (3) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Housing and Urban Development. (4) State

“State” applies in that section

The term “State” includes Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other possession of the United States.

“rule” applies in that section

The term “rule” means— (A) any rule as defined in section 551(4) of title 5 ; or (B) any rulemaking conducted on the record after opportunity for an agency hearing pursuant to sections 556 and 557 of title 5. (2) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Housing and Urban Development or, with respect to any rule issued under title V of the Housing Act of 1949 [ 42 U.S.C. 1471 et seq.], the Secretary of Agriculture.

“disease prevention” applies throughout its chapter

The term “disease prevention” includes— (A) immunizations, (B) control of high blood pressure, (C) control of sexually transmittable diseases, (D) prevention and control of diabetes, (E) control of toxic agents, (F) occupational safety and health, (G) accident prevention, (H) fluoridation of water, (I) control of infectious agents, and (J) provision of mental health care. (2) Health promotion

“health promotion” applies throughout its chapter

The term “health promotion” includes— (A) pregnancy and infant care, including prevention of fetal alcohol syndrome, (B) cessation of tobacco smoking, (C) reduction in the misuse of alcohol and drugs, (D) improvement of nutrition, (E) improvement in physical fitness, (F) family planning, (G) control of stress, and (H) educational programs with the mission of improving the health, capability, and well-being of Native Hawaiians. (3) Native Hawaiian

“Native Hawaiian” applies throughout its chapter

The term “Native Hawaiian” means any individual who is— (A) a citizen of the United States, and (B) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii, as evidenced by— (i) genealogical records, (ii) Kupuna (elders) or Kama’aina (long-term community residents) verification, or (iii) birth records of the State of Hawaii. (4) Native Hawaiian health center

“Native Hawaiian health care system” applies throughout its chapter

The term “Native Hawaiian health care system” means an entity— (A) which is organized under the laws of the State of Hawaii, (B) which provides or arranges for health care services through practitioners licensed by the State of Hawaii, where licensure requirements are applicable, (C) which is a public or nonprofit private entity, (D) in which Native Hawaiian health practitioners significantly participate in the planning, management, monitoring, and evaluation of health care services, (E) which may be composed of as many Native Hawaiian health centers as necessary to meet the health care needs of each island’s Native Hawaiians, and (F) which is— (i) recognized by Papa Ola Lokahi for the …

“Native Hawaiian health center” applies throughout its chapter

The term “Native Hawaiian health center” means an entity— (A) which is organized under the laws of the State of Hawaii, (B) which provides or arranges for health care services through practitioners licensed by the State of Hawaii, where licensure requirements are applicable, (C) which is a public or nonprofit private entity, and (D) in which Native Hawaiian health practitioners significantly participate in the planning, management, monitoring, and evaluation of health services. (5) Native Hawaiian organization

“Native Hawaiian organization” applies throughout its chapter

The term “Native Hawaiian organization” means any organization— (A) which serves the interests of Native Hawaiians, (B) which is— (i) recognized by Papa Ola Lokahi for the purpose of planning, conducting, or administering programs (or portions of programs) authorized under this chapter for the benefit of Native Hawaiians, and (ii) certified by Papa Ola Lokahi as having the qualifications and capacity to provide the services, and meet the requirements, under the contract the organization enters into with, or grant the organization receives from, the Secretary under this chapter, (C) in which Native Hawaiian health practitioners significantly participate in the planning, management, …

“Papa Ola Lokahi” applies throughout its chapter

The term “Papa Ola Lokahi” means an organization composed of— (i) E Ola Mau; (ii) the Office of Hawaiian Affairs of the State of Hawaii; (iii) Alu Like Inc.; (iv) the University of Hawaii; (v) the Office of Hawaiian Health of the Hawaii State Department of Health; (vi) Ho’ola Lahui Hawaii, or a health care system serving the islands of Kaua’i and Ni’ihau, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of those islands; (vii) Ke Ola Mamo, or a health care system serving the island of O’ahu, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native …

“primary health services” applies throughout its chapter

The term “primary health services” means— (A) services of physicians, physicians’ assistants, nurse practitioners, and other health professionals; (B) diagnostic laboratory and radiologic services; (C) preventive health services (including children’s eye and ear examinations to determine the need for vision and hearing correction, perinatal services, well child services, and family planning services); (D) emergency medical services; (E) transportation services as required for adequate patient care; (F) preventive dental services; and (G) pharmaceutical services, as may be appropriate for particular health centers. (9) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Health and Human Services. (10) Traditional Native Hawaiian healer

“traditional Native Hawaiian healer” applies throughout its chapter

The term “traditional Native Hawaiian healer” means a practitioner— (A) who— (i) is of Hawaiian ancestry, and (ii) has the knowledge, skills, and experience in direct personal health care of individuals, and (B) whose knowledge, skills, and experience are based on demonstrated learning of Native Hawaiian healing practices acquired by— (i) direct practical association with Native Hawaiian elders, and (ii) oral traditions transmitted from generation to generation.

“community based” applies throughout this title

the term “community based” has the meaning given it in section 11103(1) of title 34 ;

“controlled substance” applies throughout this title

the term “controlled substance” has the meaning given it in section 802(6) of title 21 ;

“controlled substance analogue” applies throughout this title

the term “controlled substance analogue” has the meaning given it in section 802(32) of title 21 ;

“Director” applies throughout this title

the term “Director” means the Chief Executive Officer of the Corporation for National and Community Service;

“drug” applies throughout this title

the term “drug” means— (A) a beverage containing alcohol, (B) a controlled substance, or (C) a controlled substance analogue;

“illicit” applies throughout this title

the term “illicit” means unlawful or injurious;

“institution of higher education” applies throughout this title

the term “institution of higher education” has the meaning given it in section 1001 of title 20 ;

“public agency” applies throughout this title

the term “public agency” has the meaning given it in section 11103(11) of title 34 ;

“Secretary” applies throughout this title

the term “Secretary” means— (A) the Secretary of Education for purposes of subtitle A (other than section 3201), (B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and (C) the Secretary of Health and Human Services for purposes of subtitle B;

“State” applies throughout this title

the term “State” has the meaning given it in section 11103(7) of title 34 ;

“treatment” applies throughout this title

the term “treatment” has the meaning given it in section 11103(15) of title 34 , and;

“unit of general local government” applies throughout this title

the term “unit of general local government” has the meaning given it in section 11103(8) 1 of title 34.

“controlled substance” applies throughout its subchapter

The term “controlled substance” has the meaning given such term in section 802 of title 21 . (2) Drug-related crime

“drug-related crime” applies throughout its subchapter

The term “drug-related crime” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance. (3) Secretary

“federally assisted low-income housing” applies throughout its subchapter

The term “federally assisted low-income housing” means housing assisted under— (A) section 1715 l (d)(3), section 1715 l (d)(4), or 1715z–1 of title 12; (B) section 1701s of title 12 ; or (C) section 1437f of this title . (5) Recipient The term “recipient”, when used in reference to the Native American Housing Assistance and Self-Determination Act of 1996 [ 25 U.S.C. 4101 et seq.], has the meaning given such term in section 4 of such Act [ 25 U.S.C. 4103 ]. (6) Indian tribe

“Indian tribe” applies throughout its subchapter

The term “Indian tribe” has the meaning given the term in section 4(12) 1 of the Native American Housing Assistance and Self Determination Act of 1996, 25 U.S.C. 4103(12) .

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Housing and Urban Development. (4) Federally assisted low-income housing

“controlled substance” applies throughout its subchapter

The term “controlled substance” has the meaning given such term in section 802 of title 21 . (2) Secretary

“Secretary” applies throughout its subchapter

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

“invention” applies throughout its chapter

the term “invention” means an invention or discovery that is patented or for which a patent may be obtained under title 35, or any novel variety of plant that is protected or for which plant variety protection may be obtained under the Plant Variety Protection Act ( 7 U.S.C. 2321 et seq.) and that is conceived or reduced to practice as a result of work under an agreement entered into under this chapter;

“non-Federal person” applies throughout its chapter

the term “non-Federal person” means an entity located in the United States, the controlling interest (as defined by the Secretary) of which is held by persons of the United States, including— (A) a for-profit business; (B) a private foundation; (C) a nonprofit organization such as a university; (D) a trade or professional society; and (E) a unit of State or local government;

“Secretary” applies throughout its chapter

the term “Secretary” means the Secretary of Energy; (4) the term “small business”, with respect to a participant in any demonstration and commercial application project under this chapter, means a private firm that does not exceed the numerical size standard promulgated by the Small Business Administration under section 632(a) of title 15 for the Standard Industrial Classification (SIC) code designated by the Secretary of Energy as the primary business activity to be undertaken in the demonstration and commercial application project;

“source reduction” applies throughout its chapter

the term “source reduction” means any practice which— (A) reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment, including fugitive emissions, prior to recycling, treatment, or disposal; and (B) reduces the hazards to the public health and the environment associated with the release of such substances, pollutants, or contaminants, including equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, and inventory control, but not including any practice which alters …

“United States” applies throughout its chapter

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

“disability” applies throughout its chapter

The term “disability” means, with respect to an individual— (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment (as described in paragraph (3)). (2) Major life activities (A) In general For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

“low-vision devices” applies throughout its chapter

the term “low-vision devices” means devices that magnify, enhance, or otherwise augment a visual image.

“ordinary eyeglasses or contact lenses” applies throughout its chapter

the term “ordinary eyeglasses or contact lenses” means lenses that are intended to fully correct visual acuity or eliminate refractive error; and;

“auxiliary aids and services” applies throughout its chapter

The term “auxiliary aids and services” includes— (A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; (C) acquisition or modification of equipment or devices; and (D) other similar services and actions. (2) 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, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.”.

“Commission” applies throughout its subchapter

The term “Commission” means the Equal Employment Opportunity Commission established by section 2000e–4 of this title . (2) Covered entity

“covered entity” applies throughout its subchapter

The term “covered entity” means an employer, employment agency, labor organization, or joint labor-management committee. (3) Direct threat

“direct threat” applies throughout its subchapter

The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. (4) Employee

“drug” applies throughout its subchapter

The term “drug” means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [ 21 U.S.C. 812 ]. (7) Person, etc. The terms “person”, “labor organization”, “employment agency”, “commerce”, and “industry affecting commerce”, shall have the same meaning given such terms in section 2000e of this title . (8) Qualified individual

“employee” applies throughout its subchapter

The term “employee” means an individual employed by an employer. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States. (5) Employer (A) In general

“employer” applies throughout its subchapter

The term “employer” means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this subchapter, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person.

“illegal use of drugs” applies throughout its subchapter

The term “illegal use of drugs” means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [ 21 U.S.C. 801 et seq.]. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. (B) Drugs

“qualified individual” applies throughout its subchapter

The term “qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this subchapter, consideration shall be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.

“undue hardship” applies throughout its subchapter

The term “undue hardship” means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B). (B) Factors to be considered In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include— (i) the nature and cost of the accommodation needed under this chapter; (ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (iii) the overall …

“discriminate against a qualified individual on the basis of disability” applies in that section

the term “discriminate against a qualified individual on the basis of disability” includes— (1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee; (2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity’s qualified applicant or employee with a disability to the discrimination prohibited by this subchapter (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the …

“public entity” applies throughout its subchapter

The term “public entity” means— (A) any State or local government; (B) any department, agency, special purpose district, or other instrumentality of a State or States or local government; and (C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 24102(4) 1 of title 49). (2) Qualified individual with a disability

“qualified individual with a disability” applies throughout its subchapter

The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

“demand responsive system” applies throughout its subpart

The term “demand responsive system” means any system of providing designated public transportation which is not a fixed route system. (2) Designated public transportation

“designated public transportation” applies throughout its subpart

The term “designated public transportation” means transportation (other than public school transportation) by bus, rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail transportation (as defined in section 12161 of this title )) that provides the general public with general or special service (including charter service) on a regular and continuing basis. (3) Fixed route system

“fixed route system” applies throughout its subpart

The term “fixed route system” means a system of providing designated public transportation on which a vehicle is operated along a prescribed route according to a fixed schedule. (4) Operates The term “operates”, as used with respect to a fixed route system or demand responsive system, includes operation of such system by a person under a contractual or other arrangement or relationship with a public entity. (5) Public school transportation

“public school transportation” applies throughout its subpart

The term “public school transportation” means transportation by schoolbus vehicles of schoolchildren, personnel, and equipment to and from a public elementary or secondary school and school-related activities. (6) Secretary

“Secretary” applies throughout its subpart

The term “Secretary” means the Secretary of Transportation.

“discrimination” applies in that section

the term “discrimination” includes— (1) a failure of a public entity to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections (c)(6) and (c)(7); (2) a failure of such entity to submit, or commence implementation of, a modified plan in accordance with subsection (d)(3); (3) submission to the Secretary of a modified plan under subsection (d)(3) which does not meet the requirements of this section; or (4) a failure of such entity to provide paratransit or other special transportation services in accordance with the plan or modified plan the public entity submitted to the Secretary under this section.

“commuter authority” applies throughout its subpart

The term “commuter authority” has the meaning given such term in section 24102(4) 1 of title 49. (2) Commuter rail transportation

“commuter rail transportation” applies throughout its subpart

The term “commuter rail transportation” has the meaning given the term “commuter rail passenger transportation” in section 24102(5) 1 of title 49. (3) Intercity rail transportation

“intercity rail transportation” applies throughout its subpart

The term “intercity rail transportation” means transportation provided by the National Railroad Passenger Corporation. (4) Rail passenger car

“rail passenger car” applies throughout its subpart

The term “rail passenger car” means, with respect to intercity rail transportation, single-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars. (5) Responsible person

“responsible person” applies throughout its subpart

The term “responsible person” means— (A) in the case of a station more than 50 percent of which is owned by a public entity, such public entity; (B) in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allocated on an equitable basis by regulation by the Secretary of Transportation; and (C) in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of …

“station” applies throughout its subpart

The term “station” means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alteration of the property, but such term does not include flag stops.

“commerce” applies throughout its subchapter

The term “commerce” means travel, trade, traffic, commerce, transportation, or communication— (A) among the several States; (B) between any foreign country or any territory or possession and any State; or (C) between points in the same State but through another State or foreign country. (2) Commercial facilities

“commercial facilities” applies throughout its subchapter

The term “commercial facilities” means facilities— (A) that are intended for nonresidential use; and (B) whose operations will affect commerce. Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in section 12162 of this title or covered under this subchapter, railroad rights-of-way, or facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 1 ( 42 U.S.C. 3601 et seq.). (3) Demand responsive system

“demand responsive system” applies throughout its subchapter

The term “demand responsive system” means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system. (4) Fixed route system

“fixed route system” applies throughout its subchapter

The term “fixed route system” means a system of providing transportation of individuals (other than by aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule. (5) Over-the-road bus

“over-the-road bus” applies throughout its subchapter

The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment. (6) Private entity

“private entity” applies throughout its subchapter

The term “private entity” means any entity other than a public entity (as defined in section 12131(1) of this title ). (7) Public accommodation The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce— (A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; (B) a restaurant, bar, or other establishment serving food or drink; (C) a motion picture house, theater, concert hall, stadium, or …

“rail” applies throughout its subchapter

The terms “rail” and “railroad” have the meaning given the term “railroad” in section 20102(1) 1 of title 49. (9) Readily achievable

“railroad” applies throughout its subchapter

The terms “rail” and “railroad” have the meaning given the term “railroad” in section 20102(1) 1 of title 49. (9) Readily achievable

“readily achievable” applies throughout its subchapter

The term “readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include— (A) the nature and cost of the action needed under this chapter; (B) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility; (C) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, …

“specified public transportation” applies throughout its subchapter

The term “specified public transportation” means transportation by bus, rail, or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis. (11) Vehicle The term “vehicle” does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose, or a railroad car described in section 12162 of this title or covered under this subchapter.

“direct threat” applies throughout its subchapter

The term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services.

“historical or antiquated rail passenger car” applies in that section

the term “historical or antiquated rail passenger car” means a rail passenger car— (A) which is not less than 30 years old at the time of its use for transporting individuals; (B) the manufacturer of which is no longer in the business of manufacturing rail passenger cars; and (C) which— (i) has a consequential association with events or persons significant to the past; or (ii) embodies, or is being restored to embody, the distinctive characteristics of a type of rail passenger car used in the past, or to represent a time period which has passed.

“wheelchair” applies in that section

the term “wheelchair” means a device designed solely for use by a mobility-impaired person for locomotion, that is suitable for use in an indoor pedestrian area.

“instrumentality of the Congress” applies in that section

the term “instrumentality of the Congress” means the following:, 1 the Government Accountability Office, the Government Publishing Office, and the Library of Congress,. 1 (5) Enforcement of employment rights The remedies and procedures set forth in section 2000e–16 of this title shall be available to any employee of an instrumentality of the Congress who alleges a violation of the rights and protections under sections 12112 through 12114 of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress.