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

“tar sands” applies in that section

the term “tar sands” means any consolidated or unconsolidated rock (other than coal, oil shale, or gilsonite) that either— (A) contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature, greater than 10,000 centipoise; or (B) contains a hydrocarbonaceous material and is produced by mining or quarrying. (2) Nothing in this section is intended or shall be construed to affect in any way the definition of the term tar sands under any other provision of Federal law.

“Commission” applies in that section

the term “Commission” means the Consultative Commission on Western Hemisphere Energy and Environment. (c) Negotiations The President is authorized to direct the United States representative to the Organization of American States to initiate negotiations with the Organization of American States for the establishment of a Consultative Commission on Western Hemisphere Energy and Environment under the auspices of the Organization of American States.

“qualified HUBZone small business concern” applies in that section

The term “qualified HUBZone small business concern” has the meaning given that term in section 632(p) 1 of title 15.

“small business concern” applies in that section

The term “small business concern” has the meaning such term has under section 632 of title 15 . However, for purposes of contracts and subcontracts requiring engineering services the applicable size standard shall be that established for military and aerospace equipment and military weapons.;

“socially and economically disadvantaged individuals” applies in that section

The term “socially and economically disadvantaged individuals” has the meaning such term has under section 637(d) of title 15 and relevant subcontracting regulations promulgated pursuant thereto.;

“covered section 8 housing” applies throughout its subchapter

the term “covered section 8 housing” means housing described in section 13641(2)(G) of this title that was originally designed for occupancy by elderly families.

“covered federally assisted housing” applies in that section

the term “covered federally assisted housing” means housing that is federally assisted housing (as such term is defined in section 13641(2) of this title ), except that such term does not include housing described in subparagraphs (C) and (D) of such section.

“disabled family” applies throughout this title

The terms “elderly family”, “disabled family”, and “near-elderly family” have the meanings given the terms under section 3(b)(3) of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b)(3) ]. (2) Federally assisted housing

“elderly family” applies throughout this title

The terms “elderly family”, “disabled family”, and “near-elderly family” have the meanings given the terms under section 3(b)(3) of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b)(3) ]. (2) Federally assisted housing

“federally assisted housing” applies throughout this title

The terms “federally assisted housing” and “project” mean— (A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b) ]); (B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [ 42 U.S.C.

“housing assistance” applies throughout this title

The term “housing assistance” means, with respect to federally assisted housing, the grant, contribution, capital advance, loan, mortgage insurance, or other assistance provided for the housing under the provisions of law referred to in paragraph (2). The term also includes any related assistance provided for the housing by the Secretary, including any rental assistance for low-income occupants. (4) Owner

“near-elderly family” applies throughout this title

The terms “elderly family”, “disabled family”, and “near-elderly family” have the meanings given the terms under section 3(b)(3) of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b)(3) ]. (2) Federally assisted housing

“owner” applies throughout this title

The term “owner” means, with respect to federally assisted housing, the entity or private person, including a cooperative or public housing agency, that has the legal right to lease or sublease dwelling units in such housing. (5) Secretary

“project” applies throughout this title

The terms “federally assisted housing” and “project” mean— (A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b) ]); (B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [ 42 U.S.C.

“Secretary” applies throughout this title

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

“drug-related criminal activity” applies throughout its subchapter

The term “drug-related criminal activity” has the meaning given the term in section 1437a(b) of this title . (2) Federally assisted housing

“federally assisted housing” applies throughout its subchapter

The term “federally assisted housing” means a dwelling unit— (A) in public housing (as such term is defined in section 1437a(b) of this title ); (B) assisted with tenant-based assistance under section 1437f of this title ; (C) in housing that is provided project-based assistance under section 1437f of this title , including new construction and substantial rehabilitation projects; (D) in housing that is assisted under section 1701q of title 12 (as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act); (E) in housing that is assisted under section 1701q of title 12 , as such section existed before the enactment of the Cranston-Gonzalez National Affordable Housing …

“owner” applies throughout its subchapter

The term “owner” means, with respect to federally assisted housing, the entity or private person (including a cooperative or public housing agency) that has the legal right to lease or sublease dwelling units in such housing.

“Administrator” applies throughout its chapter

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

“button cell” applies throughout its chapter

The term “button cell” means a button- or coin-shaped battery. (3) Easily removable The term “easily removable”, with respect to a battery, means detachable or removable at the end of the life of the battery— (A) from a consumer product by a consumer with the use of common household tools; or (B) by a retailer of replacements for a battery used as the principal electrical power source for a vehicle. (4) Mercuric-oxide battery

“mercuric-oxide battery” applies throughout its chapter

The term “mercuric-oxide battery” means a battery that uses a mercuric-oxide electrode. (5) Rechargeable battery

“rechargeable battery” applies throughout its chapter

The term “rechargeable battery”— (A) means 1 or more voltaic or galvanic cells, electrically connected to produce electric energy, that is designed to be recharged for repeated uses; and (B) includes any type of enclosed device or sealed container consisting of 1 or more such cells, including what is commonly called a battery pack (and in the case of a battery pack, for the purposes of the requirements of easy removability and labeling under section 14322 of this title , means the battery pack as a whole rather than each component individually); but (C) does not include— (i) a lead-acid battery used to start an internal combustion engine or as the principal electrical power source for a …

“rechargeable consumer product” applies throughout its chapter

The term “rechargeable consumer product”— (A) means a product that, when sold at retail, includes a regulated battery as a primary energy supply, and that is primarily intended for personal or household use; but (B) does not include a product that only uses a battery solely as a source of backup power for memory or program instruction storage, timekeeping, or any similar purpose that requires uninterrupted electrical power in order to function if the primary energy supply fails or fluctuates momentarily. (7) Regulated battery

“regulated battery” applies throughout its chapter

The term “regulated battery” means a rechargeable battery that— (A) contains a cadmium or a lead electrode or any combination of cadmium and lead electrodes; or (B) contains other electrode chemistries and is the subject of a determination by the Administrator under section 14322(d) of this title . (8) Remanufactured product

“remanufactured product” applies throughout its chapter

The term “remanufactured product” means a rechargeable consumer product that has been altered by the replacement of parts, repackaged, or repaired after initial sale by the original manufacturer.

“Federal government” applies throughout its chapter

the term “Federal government” includes the government of the District of Columbia.

“funds appropriated by Congress” applies throughout its chapter

the term “funds appropriated by Congress” includes funds appropriated to the District of Columbia pursuant to an authorization of appropriations under title V of the District of Columbia Home Rule Act and

“economic loss” applies throughout its chapter

The term “economic loss” means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (2) Harm

“harm” applies throughout its chapter

The term “harm” includes physical, nonphysical, economic, and noneconomic losses. (3) Noneconomic losses

“noneconomic losses” applies throughout its chapter

The term “noneconomic losses” means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. (4) Nonprofit organization

“nonprofit organization” applies throughout its chapter

The term “nonprofit organization” means— (A) any organization which is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act ( 28 U.S.C.

“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, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (6) Volunteer

“volunteer” applies throughout its chapter

The term “volunteer” means an individual performing services for a nonprofit organization or a governmental entity who does not receive— (A) compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or (B) any other thing of value in lieu of compensation, in excess of $500 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.

“accredited agency” applies throughout its chapter

The term “accredited agency” means an agency accredited under subchapter II to provide adoption services in the United States in cases subject to the Convention. (2) Accrediting entity

“accrediting entity” applies throughout its chapter

The term “accrediting entity” means an entity designated under section 14922(a) of this title to accredit agencies and approve persons under subchapter II. (3) Adoption service

“adoption service” applies throughout its chapter

The term “adoption service” means— (A) identifying a child for adoption and arranging an adoption; (B) securing necessary consent to termination of parental rights and to adoption; (C) performing a background study on a child or a home study on a prospective adoptive parent, and reporting on such a study; (D) making determinations of the best interests of a child and the appropriateness of adoptive placement for the child; (E) post-placement monitoring of a case until final adoption; and (F) where made necessary by disruption before final adoption, assuming custody and providing child care or any other social service pending an alternative placement.

“agency” applies throughout its chapter

The term “agency” means any person other than an individual. (5) Approved person

“approved person” applies throughout its chapter

The term “approved person” means a person approved under subchapter II to provide adoption services in the United States in cases subject to the Convention. (6) Attorney General Except as used in section 14944 of this title ,

“Attorney General” applies throughout its chapter

the term “Attorney General” means the Attorney General, acting through the Commissioner of Immigration and Naturalization. (7) Central authority

“central authority” applies throughout its chapter

The term “central authority” means the entity designated as such by any Convention country under Article 6(1) of the Convention. (8) Central authority function

“central authority function” applies throughout its chapter

The term “central authority function” means any duty required to be carried out by a central authority under the Convention. (9) Convention

“Convention” applies throughout its chapter

The term “Convention” means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993 . (10) Convention adoption

“Convention adoption” applies throughout its chapter

The term “Convention adoption” means an adoption of a child resident in a foreign country party to the Convention by a United States citizen, or an adoption of a child resident in the United States by an individual residing in another Convention country. (11) Convention record

“Convention country” applies throughout its chapter

The term “Convention country” means a country party to the Convention. (13) Other Convention country

“Convention record” applies throughout its chapter

The term “Convention record” means any item, collection, or grouping of information contained in an electronic or physical document, an electronic collection of data, a photograph, an audio or video tape, or any other information storage medium of any type whatever that contains information about a specific past, current, or prospective Convention adoption (regardless of whether the adoption was made final) that has been preserved in accordance with section 14941(a) of this title by the Secretary of State or the Attorney General. (12) Convention country

“other Convention country” applies throughout its chapter

The term “other Convention country” means a Convention country other than the United States. (14) Person The term “person” shall have the meaning provided in section 1 of title 1 and shall not include any agency of government or tribal government entity. (15) Person with an ownership or control interest

“person with an ownership or control interest” applies throughout its chapter

The term “person with an ownership or control interest” has the meaning given such term in section 1320a–3(a)(3) of this title . (16) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of State. (17) State

“State” applies throughout its chapter

The term “State” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands.

“qualified entity” applies in that section

the term “qualified entity” means— (A) a nonprofit private entity that has expertise in developing and administering standards for entities providing child welfare services and that meets such other criteria as the Secretary may by regulation establish; or (B) a public entity (other than a Federal entity), including an agency or instrumentality of State government having responsibility for licensing adoption agencies, that— (i) has expertise in developing and administering standards for entities providing child welfare services; (ii) accredits only agencies located in the State in which the public entity is located; and (iii) meets such other criteria as the Secretary may by regulation …

“background report (home study)” applies in that section

the term “background report (home study)” includes any supplemental statement submitted by the agency to the Attorney General for the purpose of providing information relevant to any requirements specified by the child’s country of origin. (iii) The agency provides prospective adoptive parents with a training program that includes counseling and guidance for the purpose of promoting a successful intercountry adoption before such parents travel to adopt the child or the child is placed with such parents for adoption. (iv) The agency employs personnel providing intercountry adoption services on a fee for service basis rather than on a contingent fee basis.

“American Indian Consortium” applies throughout its subchapter

The term “American Indian Consortium” means any confederation of 2 or more recognized American Indian tribes, created through the official action of each participating tribe, that has a combined total resident population of 150,000 enrolled tribal members and a contiguous territory of Indian lands in 2 or more States. (2) Areas of emphasis

“areas of emphasis” applies throughout its subchapter

The term “areas of emphasis” means the areas related to quality assurance activities, education activities and early intervention activities, child care-related activities, health-related activities, employment-related activities, housing-related activities, transportation-related activities, recreation-related activities, and other services available or offered to individuals in a community, including formal and informal community supports, that affect their quality of life. (3) Assistive technology device

“assistive technology device” applies throughout its subchapter

The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially, modified or customized, that is used to increase, maintain, or improve functional capabilities of individuals with developmental disabilities. (4) Assistive technology service

“assistive technology service” applies throughout its subchapter

The term “assistive technology service” means any service that directly assists an individual with a developmental disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) conducting an evaluation of the needs of an individual with a developmental disability, including a functional evaluation of the individual in the individual’s customary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of an assistive technology device by an individual with a developmental disability; (C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing an assistive technology device; (D) …

“Center” applies throughout its subchapter

The term “Center” means a University Center for Excellence in Developmental Disabilities Education, Research, and Service established under part D. (6) Child care-related activities

“child care-related activities” applies throughout its subchapter

The term “child care-related activities” means advocacy, capacity building, and systemic change activities that result in families of children with developmental disabilities having access to and use of child care services, including before-school, after-school, and out-of-school services, in their communities.

“developmental disability” applies throughout its subchapter

The term “developmental disability” means a severe, chronic disability of an individual that— (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in 3 or more of the following areas of major life activity: (I) Self-care. (II) Receptive and expressive language. (III) Learning. (IV) Mobility. (V) Self-direction. (VI) Capacity for independent living.

“early intervention activities” applies throughout its subchapter

The term “early intervention activities” means advocacy, capacity building, and systemic change activities provided to individuals described in paragraph (8)(B) and their families to enhance— (A) the development of the individuals to maximize their potential; and (B) the capacity of families to meet the special needs of the individuals. (10) Education activities

“education activities” applies throughout its subchapter

The term “education activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities being able to access appropriate supports and modifications when necessary, to maximize their educational potential, to benefit from lifelong educational activities, and to be integrated and included in all facets of student life. (11) Employment-related activities

“employment-related activities” applies throughout its subchapter

The term “employment-related activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities acquiring, retaining, or advancing in paid employment, including supported employment or self-employment, in integrated settings in a community. (12) Family support services (A) In general

“family support services” applies throughout its subchapter

The term “family support services” means services, supports, and other assistance, provided to families with members who have developmental disabilities, that are designed to— (i) strengthen the family’s role as primary caregiver; (ii) prevent inappropriate out-of-the-home placement of the members and maintain family unity; and (iii) reunite families with members who have been placed out of the home whenever possible.

“health-related activities” applies throughout its subchapter

The term “health-related activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of coordinated health, dental, mental health, and other human and social services, including prevention activities, in their communities. (14) Housing-related activities

“housing-related activities” applies throughout its subchapter

The term “housing-related activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of housing and housing supports and services in their communities, including assistance related to renting, owning, or modifying an apartment or home.

“individualized supports” applies throughout its subchapter

The term “individualized supports” means supports that— (A) enable an individual with a developmental disability to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community life; (B) are designed to— (i) enable such individual to control such individual’s environment, permitting the most independent life possible; (ii) prevent placement into a more restrictive living arrangement than is necessary; and (iii) enable such individual to live, learn, work, and enjoy life in the community; and (C) include— (i) early intervention services; (ii) respite care; (iii) personal assistance services; (iv) family support services; (v) supported …

“personal assistance services” applies throughout its subchapter

The term “personal assistance services” means a range of services, provided by 1 or more individuals, designed to assist an individual with a disability to perform daily activities, including activities on or off a job that such individual would typically perform if such individual did not have a disability. Such services shall be designed to increase such individual’s control in life and ability to perform everyday activities, including activities on or off a job. (20) Prevention activities

“prevention activities” applies throughout its subchapter

The term “prevention activities” means activities that address the causes of developmental disabilities and the exacerbation of functional limitation, such as activities that— (A) eliminate or reduce the factors that cause or predispose individuals to developmental disabilities or that increase the prevalence of developmental disabilities; (B) increase the early identification of problems to eliminate circumstances that create or increase functional limitations; and (C) mitigate against the effects of developmental disabilities throughout the lifespan of an individual. (21) Productivity

“productivity” applies throughout its subchapter

The term “productivity” means— (A) engagement in income-producing work that is measured by increased income, improved employment status, or job advancement; or (B) engagement in work that contributes to a household or community. (22) Protection and advocacy system

“protection and advocacy system” applies throughout its subchapter

The term “protection and advocacy system” means a protection and advocacy system established in accordance with section 15043 of this title . (23) Quality assurance activities

“quality assurance activities” applies throughout its subchapter

The term “quality assurance activities” means advocacy, capacity building, and systemic change activities that result in improved consumer- and family-centered quality assurance and that result in systems of quality assurance and consumer protection that— (A) include monitoring of services, supports, and assistance provided to an individual with developmental disabilities that ensures that the individual— (i) will not experience abuse, neglect, sexual or financial exploitation, or violation of legal or human rights; and (ii) will not be subject to the inappropriate use of restraints or seclusion; (B) include training in leadership, self-advocacy, and self-determination for individuals with …

“recreation-related activities” applies throughout its subchapter

The term “recreation-related activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of recreational, leisure, and social activities, in their communities. (25) Rehabilitation technology

“rehabilitation technology” applies throughout its subchapter

The term “rehabilitation technology” means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, individuals with developmental disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. Such term includes rehabilitation engineering, and the provision of assistive technology devices and assistive technology services. (26) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Health and Human Services. (27) Self-determination activities

“self-determination activities” applies throughout its subchapter

The term “self-determination activities” means activities that result in individuals with developmental disabilities, with appropriate assistance, having— (A) the ability and opportunity to communicate and make personal decisions; (B) the ability and opportunity to communicate choices and exercise control over the type and intensity of services, supports, and other assistance the individuals receive; (C) the authority to control resources to obtain needed services, supports, and other assistance; (D) opportunities to participate in, and contribute to, their communities; and (E) support, including financial support, to advocate for themselves and others, to develop leadership skills, through …

“State Council on Developmental Disabilities” applies throughout its subchapter

The term “State Council on Developmental Disabilities” means a Council established under section 15025 of this title . (30) Supported employment services

“supported employment services” applies throughout its subchapter

The term “supported employment services” means services that enable individuals with developmental disabilities to perform competitive work in integrated work settings, in the case of individuals with developmental disabilities— (A) (i) for whom competitive employment has not traditionally occurred; or (ii) for whom competitive employment has been interrupted or intermittent as a result of significant disabilities; and (B) who, because of the nature and severity of their disabilities, need intensive supported employment services or extended services in order to perform such work. (31) Transportation-related activities

“transportation-related activities” applies throughout its subchapter

The term “transportation-related activities” means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of transportation. (32) Unserved and underserved

“unserved and underserved” applies throughout its subchapter

The term “unserved and underserved” includes populations such as individuals from racial and ethnic minority backgrounds, disadvantaged individuals, individuals with limited English proficiency, individuals from underserved geographic areas (rural or urban), and specific groups of individuals within the population of individuals with developmental disabilities, including individuals who require assistive technology in order to participate in and contribute to community life.

“record” applies in that section

the term “record” includes— (1) a report prepared or received by any staff at any location at which services, supports, or other assistance is provided to individuals with developmental disabilities; (2) a report prepared by an agency or staff person charged with investigating reports of incidents of abuse or neglect, injury, or death occurring at such location, that describes such incidents and the steps taken to investigate such incidents; and (3) a discharge planning record.

“State” applies throughout its part

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

“covered year” applies in that section

the term “covered year” means a fiscal year prior to the first fiscal year for which the amount appropriated under paragraph (1) is not less than $20,000,000. (b) Limitation The Secretary may not use, for peer review or other activities directly related to peer review conducted under this part— (1) for fiscal year 2001, more than $300,000 of the funds made available under subsection (a); and (2) for any succeeding fiscal year, more than the amount of funds used for the peer review and related activities in fiscal year 2001, adjusted to take into account the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 720(c)(1) of title 29 (if …

“covered year” applies in that section

the term “covered year” means— (A) in the case of an expenditure for entities funded under part B, a fiscal year for which the amount appropriated under section 15029(a) of this title is less than $76,000,000; and (B) in the case of an expenditure for entities funded under part D, a fiscal year prior to the first fiscal year for which the amount appropriated under section 15066(a)(1) of this title is not less than $20,000,000. (3) References References in this subsection to part D shall not be considered to include section 15063(c)(4) of this title .

“child with a disability” applies throughout its subchapter

The term “child with a disability” means an individual who— (A) has a significant physical or mental impairment, as defined pursuant to State policy to the extent that such policy is established without regard to type of disability; or (B) is an infant or a young child from birth through age 8 and has a substantial developmental delay or specific congenital or acquired condition that presents a high probability of resulting in a disability if services are not provided to the infant or child. (2) Family (A) In general Subject to subparagraph (B), for purposes of the application of this subchapter in a State,

“family” applies throughout its subchapter

the term “family” has the meaning given the term by the State. (B) Exclusion of employees The term does not include an employee who, acting in a paid employment capacity, provides services to a child with a disability in an out-of-home setting such as a hospital, nursing home, personal care home, board and care home, group home, or other facility. (3) Family support for families of children with disabilities

“family support for families of children with disabilities” applies throughout its subchapter

The term “family support for families of children with disabilities” means supports, resources, services, and other assistance provided to families of children with disabilities pursuant to State policy that are designed to— (A) support families in the efforts of such families to raise their children with disabilities in the home; (B) strengthen the role of the family as primary caregiver for such children; (C) prevent involuntary out-of-the-home placement of such children and maintain family unity; and (D) reunite families with children with disabilities who have been placed out of the home, whenever possible. (4) Secretary

“Secretary” applies throughout its subchapter

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

“State” applies throughout its subchapter

The term “State” means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) Systems change activities

“systems change activities” applies throughout its subchapter

The term “systems change activities” means efforts that result in laws, regulations, policies, practices, or organizational structures— (A) that are family-centered and family-directed; (B) that facilitate and increase access to, provision of, and funding for, family support services for families of children with disabilities; and (C) that otherwise accomplish the purposes of this subchapter.

“developmental disability” applies throughout its subchapter

The term “developmental disability” has the meaning given the term in section 15002 of this title . (2) Institution of higher education

“institution of higher education” applies throughout its subchapter

The term “institution of higher education” has the meaning given the term in section 1141 1 of title 20. (3) Secretary

“Secretary” applies throughout its subchapter

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

“law enforcement officer” applies in that section

the term “law enforcement officer” includes a person who is a corrections or court officer or a civil defense officer. (2) State

“public safety officer” applies throughout its chapter

The term “public safety officer” means a person serving a public agency, with or without compensation, as a firefighter, law enforcement officer, or emergency services officer, as determined by the Attorney General. For the purposes of this paragraph,

“State” applies in that section

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

“Director” applies throughout its chapter

The term “Director” means the Director of the National Institute of Standards and Technology. (2) Lifelines

“lifelines” applies throughout its chapter

The term “lifelines” means public works and utilities, including transportation facilities and infrastructure, oil and gas pipelines, electrical power and communication facilities and infrastructure, and water supply and sewage treatment facilities. (3) Program

“Program” applies throughout its chapter

The term “Program” means the National Windstorm Impact Reduction Program established by section 15703(a) of this title . (4) State

“State” applies throughout its chapter

The term “State” means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (5) Windstorm

“windstorm” applies throughout its chapter

The term “windstorm” means any storm with a damaging or destructive wind component, such as a hurricane, tropical storm, northeaster, tornado, or thunderstorm.

“Department” applies in that section

The term “Department” means the Department of Energy. (2) Institution of higher education (A) In general

“institution of higher education” applies in that section

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

“National Laboratory” applies in that section

The term “National Laboratory” means any of the following laboratories owned by the Department: (A) Ames Laboratory. (B) Argonne National Laboratory. (C) Brookhaven National Laboratory. (D) Fermi National Accelerator Laboratory. (E) Idaho National Laboratory. (F) Lawrence Berkeley National Laboratory. (G) Lawrence Livermore National Laboratory. (H) Los Alamos National Laboratory. (I) National Energy Technology Laboratory. (J) National Renewable Energy Laboratory. (K) Oak Ridge National Laboratory. (L) Pacific Northwest National Laboratory. (M) Princeton Plasma Physics Laboratory. (N) Sandia National Laboratories. (O) Savannah River National Laboratory.

“Secretary” applies in that section

The term “Secretary” means the Secretary of Energy. (5) Small business concern

“small business concern” applies in that section

The term “small business concern” has the meaning given the term in section 632 of title 15 .

“energy intensity” applies in that section

the term “energy intensity” means the primary energy consumed for each unit of physical output in an industrial process. (b) Voluntary agreements The Secretary may enter into voluntary agreements with one or more persons in industrial sectors that consume significant quantities of primary energy for each unit of physical output to reduce the energy intensity of the production activities of the persons. (c) Goal Voluntary agreements under this section shall have as a goal the reduction of energy intensity by not less than 2.5 percent each year during the period of calendar years 2007 through 2016.

“eligible State” applies in that section

The term “eligible State” means a State that meets the requirements of subsection (b). (2) Energy Star program

“Energy Star program” applies in that section

The term “Energy Star program” means the program established by section 6294a of this title . (3) Residential Energy Star product

“residential Energy Star product” applies in that section

The term “residential Energy Star product” means a product for a residence that is rated for energy efficiency under the Energy Star program. (4) State energy office

“State energy office” applies in that section

The term “State energy office” means the State agency responsible for developing State energy conservation plans under section 6322 of this title . (5) State program

“State program” applies in that section

The term “State program” means a State energy efficient appliance rebate program described in subsection (b)(1). (b) Eligible States A State shall be eligible to receive an allocation under subsection (c) if the State— (1) establishes (or has established) a State energy efficient appliance rebate program to provide rebates to residential consumers for the purchase of residential Energy Star products, or products with improved energy efficiency in cold climates, to replace used appliances of the same type; (2) submits an application for the allocation at such time, in such form, and containing such information as the Secretary may require; and (3) provides assurances satisfactory to the …

“Indian tribe” applies in that section

the term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (d) Authorization of appropriations For the purposes of this section there are authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 2006 through 2008.

“biomass” applies in that section

The term “biomass” means any lignin waste material that is segregated from other waste materials and is determined to be nonhazardous by the Administrator of the Environmental Protection Agency and any solid, nonhazardous, cellulosic material that is derived from— (A) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, or nonmerchantable material; (B) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste (garbage), gas …

“renewable energy” applies in that section

The term “renewable energy” means marine energy (as defined in section 17211 of this title ), or electric energy produced from solar, wind, biomass, landfill gas, geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project.

“renewable energy system” applies in that section

the term “renewable energy system” has the meaning given that term in section 6865(c)(6)(A) of this title . (4) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section, to remain available until expended— (A) $150,000,000 for fiscal year 2006; (B) $150,000,000 for fiscal year 2007; (C) $200,000,000 for fiscal year 2008; (D) $250,000,000 for fiscal year 2009; and (E) $250,000,000 for fiscal year 2010.

“program” applies in that section

the term “program” means the Sugar Cane Ethanol Program established by subsection (b). (b) Establishment There is established within the Environmental Protection Agency a program to be known as the “Sugar Cane Ethanol Program”.

“biomass” applies in that section

The term “biomass” means nonmerchantable materials or precommercial thinnings that are byproducts of preventive treatments, such as trees, wood, brush, thinnings, chips, and slash, that are removed— (A) to reduce hazardous fuels; (B) to reduce or contain disease or insect infestation; or (C) to restore forest health. (2) Indian tribe

“Indian tribe” applies in that section

The term “Indian tribe” has the meaning given the term in section 5304(e) of title 25 . (3) Nonmerchantable For purposes of subsection (b),

“nonmerchantable” applies in that section

the term “nonmerchantable” means that portion of the byproducts of preventive treatments that would not otherwise be used for higher value products. (4) Person

“person” applies in that section

The term “person” includes— (A) an individual; (B) a community (as determined by the Secretary concerned); (C) an Indian tribe; (D) a small business or a corporation that is incorporated in the United States; and (E) a nonprofit organization. (5) Preferred community

“preferred community” applies in that section

The term “preferred community” means— (A) any Indian tribe; (B) any town, township, municipality, or other similar unit of local government (as determined by the Secretary concerned) that— (i) has a population of not more than 50,000 individuals; and (ii) the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near Federal or Indian land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation; or (C) any county that— (i) is not contained within a metropolitan statistical area; and (ii) the Secretary concerned, in the sole discretion of the …

“Secretary concerned” applies in that section

The term “Secretary concerned” means the Secretary of Agriculture or the Secretary of the Interior. (b) Biomass commercial use grant program (1) In general The Secretary concerned may make grants to any person in a preferred community that owns or operates a facility that uses biomass as a raw material to produce electric energy, sensible heat, or transportation fuels to offset the costs incurred to purchase biomass for use by such facility. (2) Grant amounts A grant under this subsection may not exceed $20 per green ton of biomass delivered.

“conduit” applies in that section

The term “conduit” has the same meaning as when used in section 823a(a)(2) of title 16 . The terms defined in this subsection shall apply without regard to the hydroelectric kilowatt capacity of the facility concerned, without regard to whether the facility uses a dam owned by a governmental or nongovernmental entity, and without regard to whether the facility begins operation on or after November 15, 2021 . (c) Eligibility window Payments may be made under this section only for electric energy generated from a qualified hydroelectric facility which begins operation during the period of 22 fiscal years beginning with the first full fiscal year occurring after August 8, 2005 .

“existing dam or conduit” applies in that section

The term “existing dam or conduit” means any dam or conduit the construction of which was completed before November 15, 2021 , and which does not require any construction or enlargement of impoundment or diversion structures (other than repair or reconstruction) in connection with the installation of a turbine or other generating device. (3) Conduit

“qualified hydroelectric facility” applies in that section

The term “qualified hydroelectric facility” means a turbine or other generating device owned or solely operated by a non-Federal entity— (A) that generates hydroelectric energy for sale; and (B) (i) that is added to an existing dam or conduit; or (ii) (I) that has a generating capacity of not more than 20 megawatts; (II) for which the non-Federal entity has received a construction authorization from the Federal Energy Regulatory Commission, if applicable; and (III) that is constructed in an area in which there is inadequate electric service, as determined by the Secretary, including by taking into consideration— (aa) access to the electric grid; (bb) the frequency of electric outages; or …

“qualified hydroelectric facility” applies in that section

the term “qualified hydroelectric facility” means a hydroelectric project that— (1) (A) is licensed by the Federal Energy Regulatory Commission; or (B) is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920 , or a license granted pursuant to the Federal Power Act ( 16 U.S.C.

“Secretary” applies throughout its part

the term “Secretary” means the Secretary of the Interior.

“in marketable condition” applies in that section

the term “in marketable condition” means sufficiently free from impurities and otherwise in a condition that the royalty production will be accepted by a purchaser under a sales contract typical of the field or area in which the royalty production was produced. (B) Requirement Royalty production shall be placed in marketable condition by the lessee at no cost to the United States. (3) Disposition by the Secretary The Secretary may— (A) sell or otherwise dispose of any royalty production taken in-kind (other than oil or gas transferred under section 1353(a)(3) of title 43 1 for not less than the market price; and (B) transport or process (or both) any royalty production taken in-kind.

“marginal property” applies in that section

the term “marginal property” means an onshore unit, communitization agreement, or lease not within a unit or communitization agreement, that produces on average the combined equivalent of less than 15 barrels of oil per well per day or 90,000,000 British thermal units of gas per well per day calculated based on the average over the 3 most recent production months, including only wells that produce on more than half of the days during those 3 production months.

“sidetrack” applies in that section

The term “sidetrack” means a well resulting from drilling an additional hole to a new objective bottom-hole location by leaving a previously drilled hole. (ii) Inclusion

“ultra deep well” applies in that section

The term “ultra deep well” means a well drilled with a perforated interval, the top of which is at least 20,000 true vertical depth below the datum at mean sea level. (B) Sidetrack (i) In general

“Federal land” applies in that section

The term “Federal land” means land administered by a land management agency within— (A) the Department of Agriculture; or (B) the Department of the Interior. (2) Idled well

“idled well” applies in that section

The term “idled well” means a well— (A) that has been nonoperational for not fewer than 4 years; and (B) for which there is no anticipated beneficial future use. (3) Indian Tribe

“Indian Tribe” applies in that section

The term “Indian Tribe” has the meaning given the term in section 5304 of title 25 . (4) Operator The term “operator”, with respect to an oil or gas operation, means any entity, including a lessee or operating rights owner, that has provided to a relevant authority a written statement that the entity is responsible for the oil or gas operation, or any portion of the operation. (5) Orphaned well

“orphaned well” applies in that section

The term “orphaned well”— (A) with respect to Federal land or Tribal land, means a well— (i) 1 (I) that is not used for an authorized purpose, such as production, injection, or monitoring; and (II) (aa) for which no operator can be located; (bb) the operator of which is unable— (AA) to plug the well; and (BB) to remediate and reclaim the well site; or (cc) that is within the National Petroleum Reserve–Alaska; and (B) with respect to State or private land— (i) has the meaning given the term by the applicable State; or (ii) if that State uses different terminology, has the meaning given another term used by the State to describe a well eligible for plugging, remediation, and reclamation by …

“Tribal land” applies in that section

The term “Tribal land” means any land or interest in land owned by an Indian Tribe, the title to which is— (A) held in trust by the United States; or (B) subject to a restriction against alienation under Federal law. (b) Federal program (1) Establishment Not later than 60 days after November 15, 2021 , the Secretary shall establish a program to plug, remediate, and reclaim orphaned wells located on Federal land.

“Advisory Committee” applies in that section

The term “Advisory Committee” means the advisory committee established under section 5 of the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31d ). (2) Program

“Program” applies in that section

The term “Program” means the National Geological and Geophysical Data Preservation Program carried out under this section. (3) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (4) Survey

“Survey” applies in that section

The term “Survey” means the United States Geological Survey. (k) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2029, to remain available until expended.

“Commission” applies in that section

the term “Commission” means the Denali Commission established by the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ). (b) Energy programs The Commission shall use amounts made available under subsection (d) to carry out energy programs, including— (1) energy generation and development, including— (A) fuel cells, hydroelectric, solar, wind, wave, and tidal energy; and (B) alternative energy sources; (2) the construction of energy transmission, including interties; (3) the replacement and cleanup of fuel tanks; (4) the construction of fuel transportation networks and related facilities; (5) power cost equalization programs; and (6) projects using coal as a fuel, …

“utility facility” applies in that section

the term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system— (1) for the transportation of— (A) oil, natural gas, synthetic liquid fuel, or gaseous fuel; (B) any refined product produced from oil, natural gas, synthetic liquid fuel, or gaseous fuel; or (C) products in support of the production of material referred to in subparagraph (A) or (B); (2) for storage and terminal facilities in connection with the production of material referred to in paragraph (1); or (3) for the generation, transmission, and distribution of electric energy.

“Federal land” applies in that section

The term “Federal land” means land the title to which is held by the United States. (B) Exclusions The term “Federal land” does not include— (i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; (iii) a component of the National Wilderness Preservation System; (iv) a wilderness study area within the National Forest System; or (v) Indian land. (2) Gathering line and associated field compression or pumping unit (A) In general

“gathering line and associated field compression or pumping unit” applies in that section

The term “gathering line and associated field compression or pumping unit” means— (i) a pipeline that is installed to transport oil, natural gas and related constituents, or produced water from 1 or more wells drilled and completed to produce oil or gas; and (ii) if necessary, 1 or more compressors or pumps to raise the pressure of the transported oil, natural gas and related constituents, or produced water to higher pressures necessary to enable the oil, natural gas and related constituents, or produced water to flow into pipelines and other facilities. (B) Inclusions

“Indian land” applies in that section

The term “Indian land” means land the title to which is held by— (A) the United States in trust for an Indian Tribe or an individual Indian; or (B) an Indian Tribe or an individual Indian subject to a restriction by the United States against alienation. (4) Produced water

“produced water” applies in that section

The term “produced water” means water produced from an oil or gas well bore that is not a fluid prepared at, or transported to, the well site to resolve a specific oil or gas well bore or reservoir condition. (5) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Interior. (b) Certain gathering lines (1) In general Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on Federal land or Indian land and that services any oil or gas well may be considered by the Secretary to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on November 15, 2021 )) for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C.

“Administrator” applies throughout its part

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

“State” applies throughout its part

The term “State” means— (A) a State; (B) the Commonwealth of Puerto Rico; and (C) any other territory or possession of the United States.

“borrower” applies in that section

The term “borrower” means the owner of the clean coal technology plant. (2) Clean coal technology plant

“clean coal technology plant” applies in that section

The term “clean coal technology plant” means the plant located near Healy, Alaska, constructed under Department cooperative agreement number DE–FC–22–91PC90544. (3) Cost of a direct loan