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

“health insurance issuer” applies in that section

The term “health insurance issuer” means an insurance company, insurance service, or insurance organization (including a health maintenance organization, as defined in paragraph (3)) which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974 [ 29 U.S.C. 1144(b)(2) ]). Such term does not include a group health plan. (3) Health maintenance organization

“health maintenance organization” applies in that section

The term “health maintenance organization” means— (A) a Federally qualified health maintenance organization (as defined in section 300e(a) of this title ), (B) an organization recognized under State law as a health maintenance organization, or (C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization. (4) Group health insurance coverage

“health status-related factor” applies throughout its subchapter

The term “health status-related factor” means any of the factors described in section 2702(a)(1). 1 (10) Network plan

“individual health insurance coverage” applies in that section

The term “individual health insurance coverage” means health insurance coverage offered to individuals in the individual market, but does not include short-term limited duration insurance. (c) Excepted benefits For purposes of this subchapter,

“individual market” applies throughout its subchapter

The term “individual market” means the market for health insurance coverage offered to individuals other than in connection with a group health plan. (B) Treatment of very small groups (i) In general Subject to clause (ii), such terms 2 includes coverage offered in connection with a group health plan that has fewer than two participants as current employees on the first day of the plan year. (ii) State exception Clause (i) shall not apply in the case of a State that elects to regulate the coverage described in such clause as coverage in the small group market. (2) Large employer

“large employer” applies throughout its subchapter

The term “large employer” means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 51 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year. (3) Large group market

“large group market” applies throughout its subchapter

The term “large group market” means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a large employer. (4) Small employer

“medical care” applies in that section

The term “medical care” means amounts paid for— (A) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body, (B) amounts paid for transportation primarily for and essential to medical care referred to in subparagraph (A), and (C) amounts paid for insurance covering medical care referred to in subparagraphs (A) and (B). (3) Treatment of certain plans as group health plan for notice provision A program under which creditable coverage described in subparagraph (C), (D), (E), or (F) of section 2701(c)(1) 1 is provided shall be treated as a group health plan for purposes of applying section 2701(e).

“network plan” applies throughout its subchapter

The term “network plan” means health insurance coverage of a health insurance issuer under which the financing and delivery of medical care (including items and services paid for as medical care) are provided, in whole or in part, through a defined set of providers under contract with the issuer. (11) Participant

“non-Federal governmental plan” applies throughout its subchapter

The term “non-Federal governmental plan” means a governmental plan that is not a Federal governmental plan. (9) Health status-related factor

“participant” applies throughout its subchapter

The term “participant” has the meaning given such term under section 3(7) of the Employee Retirement Income Security Act of 1974 [ 29 U.S.C. 1002(7) ]. (12) Placed for adoption defined The term “placement”, or being “placed”, for adoption, in connection with any placement for adoption of a child with any person, means the assumption and retention by such person of a legal obligation for total or partial support of such child in anticipation of adoption of such child. The child’s placement with such person terminates upon the termination of such legal obligation. (13) Plan sponsor

“plan sponsor” applies throughout its subchapter

The term “plan sponsor” has the meaning given such term under section 3(16)(B) of the Employee Retirement Income Security Act of 1974 [ 29 U.S.C. 1002(16)(B) ]. (14) State

“qualified health plan” applies throughout its subchapter

The term “qualified health plan” has the meaning given such term in section 18021(a) of this title . (21) Exchange

“small employer” applies throughout its subchapter

The term “small employer” means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 50 employees on business days during the preceding calendar year and who employs at least 1 employees 3 on the first day of the plan year. (5) Small group market

“small group market” applies throughout its subchapter

The term “small group market” means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a small employer. (6) Application of certain rules in determination of employer size For purposes of this subsection— (A) Application of aggregation rule for employers all 4 persons treated as a single employer under subsection (b), (c), (m), or ( o ) of section 414 of title 26 shall be treated as 1 employer.

“State” applies throughout its subchapter

The term “State” means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (15) Family member

“underwriting purposes” applies throughout its subchapter

The term “underwriting purposes” means, with respect to any group health plan, or health insurance coverage offered in connection with a group health plan— (A) rules for, or determination of, eligibility (including enrollment and continued eligibility) for benefits under the plan or coverage; (B) the computation of premium or contribution amounts under the plan or coverage; (C) the application of any pre-existing condition exclusion under the plan or coverage; and (D) other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits. (20) Qualified health plan

“feasible” applies in that section

the term “feasible” means feasible with the use of the best technology, treatment techniques and other means which the Administrator finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration). For the purpose of this paragraph, granular activated carbon is feasible for the control of synthetic organic chemicals, and any technology, treatment technique, or other means found to be the best available for the control of synthetic organic chemicals must be at least as effective in controlling synthetic organic chemicals as granular activated carbon.

“appropriate Congressional committees” applies in that section

The term “appropriate Congressional committees” means— (A) the Committee on Environment and Public Works of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Homeland Security of the House of Representatives. (2) Director

“Director” applies in that section

The term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency. (3) Incident

“incident” applies in that section

The term “incident” has the meaning given the term in section 3552 of title 44 . (4) Prioritization Framework

“Prioritization Framework” applies in that section

The term “Prioritization Framework” means the prioritization framework developed by the Administrator under subsection (b)(1)(A). (5) Support Plan

“Support Plan” applies in that section

The term “Support Plan” means the Technical Cybersecurity Support Plan developed by the Administrator under subsection (b)(2)(A). (b) Identification of and support for public water systems (1) Prioritization Framework (A) In general Not later than 180 days after November 15, 2021 , the Administrator, in coordination with the Director, shall develop a prioritization framework to identify public water systems (including sources of water for those public water systems) that, if degraded or rendered inoperable due to an incident, would lead to significant impacts on the health and safety of the public.

“applicable requirement” applies in that section

the term “applicable requirement” means— (1) a requirement of section 300g–1, 300g–3, 300g–4, 300g–5, 300g–6, 300i–2, 300j, or 300j–4 of this title; (2) a regulation promulgated pursuant to a section referred to in paragraph (1); (3) a schedule or requirement imposed pursuant to a section referred to in paragraph (1); and (4) a requirement of, or permit issued under, an applicable State program for which the Administrator has made a determination that the requirements of section 300g–2 of this title have been satisfied, or an applicable State program approved pursuant to this part.

“treatment technique requirement” applies in that section

the term “treatment technique requirement” means a requirement in a national primary drinking water regulation which specifies for a contaminant (in accordance with section 300f(1)(C)(ii) of this title ) each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 300g–1(b) of this title .

“treatment technique requirement” applies in that section

the term “treatment technique requirement” means a requirement in a national primary drinking water regulation which specifies for a contaminant (in accordance with section 300f(1)(C)(ii) of this title ) each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 300g–1(b) of this title .

“lead free” applies in that section

the term “lead free” means— (A) not containing more than 0.2 percent lead when used with respect to solder and flux; and (B) not more than a weighted average of 0.25 percent lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures.

“underground injection” applies throughout its part

The term “underground injection”— (A) means the subsurface emplacement of fluids by well injection; and (B) excludes— (i) the underground injection of natural gas for purposes of storage; and (ii) the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities.

“at-risk individuals” applies throughout its chapter

the term “at-risk individuals” means children, pregnant women, senior citizens and other individuals who have access or functional needs in the event of a public health emergency, as determined by the Secretary. (5) Coordination Minimizing duplication of, and ensuring coordination between, Federal, State, local, and tribal planning, preparedness, and response activities (including the State Emergency Management Assistance Compact and other applicable compacts). Such planning shall be consistent with the National Response Plan, or any successor plan, and National Incident Management System and the National Preparedness Goal.

“countermeasures” applies in that section

the term “countermeasures” has the same meaning as the terms “qualified countermeasures” under section 247d–6a of this title , “qualified pandemic and epidemic products” under section 247d–6d of this title , and “security countermeasures” under section 247d–6b of this title .

“disability” applies in that section

the term “disability” has the meaning given such term in section 12102 of this title . (f) Coordination The Secretary shall coordinate duties and activities authorized under this section in accordance with section 300hh–10e of this title . (g) Sunset (1) In general The Advisory Committee shall terminate on December 31, 2026 . (2) Recommendation Not later than October 1, 2022 , the Secretary shall submit to Congress a recommendation on whether the Advisory Committee should be extended.

“auxiliary services” applies in that section

the term “auxiliary services” includes mortuary services, veterinary services, and other services that are determined by the Secretary to be appropriate with respect to the needs referred to in subsection (a)(3)(A). (g) Authorization of appropriations For the purpose of providing for the Assistant Secretary for Preparedness and Response and the operations of the National Disaster Medical System, other than purposes for which amounts in the Public Health Emergency Fund under section 247d of this title are available, there are authorized to be appropriated $57,400,000 for each of fiscal years 2019 through 2023.

“intermittent disaster-response appointee” applies in that section

the term “intermittent disaster-response appointee” means an individual appointed by the Secretary under subsection (c). (2) Compensation for work injuries (A) In general An intermittent disaster-response appointee shall, while acting in the scope of such appointment, be considered to be an employee of the Public Health Service performing medical, surgical, dental, or related functions, and an injury sustained by such an individual shall be deemed “in the performance of duty”, for purposes of chapter 81 of title 5 pertaining to compensation for work injuries.

“certified monitoring program” applies in that section

The term “certified monitoring program” means a medical monitoring program— (A) in which a participating responder is a participant as a condition of the employment of such participating responder; and (B) that the Secretary of Health and Human Services certifies includes an adequate baseline medical screening. (2) Disaster area

“disaster area” applies in that section

The term “disaster area” means an area in which the President has declared a major disaster (as that term is defined in section 5122 of this title ), during the period of such declaration. (3) High exposure level

“high exposure level” applies in that section

The term “high exposure level” means a level of exposure to a substance of concern that is for such a duration, or of such a magnitude, that adverse effects on human health can be reasonably expected to occur, as determined by the President, acting through the Secretary of Health and Human Services, in accordance with human monitoring or environmental or other appropriate indicators. (4) Individual

“individual” applies in that section

The term “individual” includes— (A) a worker or volunteer who responds to a disaster, either natural or manmade, involving any mode of transportation in the United States or disrupting the transportation system of the United States, including— (i) a police officer; (ii) a firefighter; (iii) an emergency medical technician; (iv) any participating member of an urban search and rescue team; and (v) any other relief or rescue worker or volunteer that the President, acting through the Secretary of Health and Human Services, determines to be appropriate; (B) a worker who responds to a disaster, either natural or manmade, involving any mode of transportation in the United States or disrupting the …

“participating responder” applies in that section

The term “participating responder” means an individual described in paragraph (4)(A). (6) Program

“program” applies in that section

The term “program” means a program described in subsection (b) that is carried out for a disaster area. (7) Substance of concern

“substance of concern” applies in that section

The term “substance of concern” means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President, acting through the Secretary of Health and Human Services, and in coordination with the Agency for Toxic Substances and Disease Registry, the Environmental Protection Agency, the Centers for Disease Control and Prevention, the National Institutes of Health, the Federal Emergency Management Agency, the Occupational Health and Safety Administration, and other agencies.

“electronic case reporting” applies in that section

the term “electronic case reporting” means the automated identification, generation, and bilateral exchange of reports of health events among electronic health record or health information technology systems and public health authorities. (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2021 through 2025.

“eligible position” applies in that section

the term “eligible position” means any position at the Department of Health and Human Services at or above grade GS–13 of the General Schedule, or the equivalent, for which not less than 50 percent of the time of such position is spent on activities related to public health preparedness or response. (d) Pilot period and final report The pilot program authorized under this section shall not exceed 5 years.

“new underground injection well” applies in that section

the term “new underground injection well” means an underground injection well whose operation was not approved by appropriate State and Federal agencies before December 16, 1974 . (e) Areas with one aquifer; publication in Federal Register; commitments for Federal financial assistance If the Administrator determines, on his own initiative or upon petition, that an area has an aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would create a significant hazard to public health, he shall publish notice of that determination in the Federal Register.

“critical aquifer protection area” applies in that section

the term “critical aquifer protection area” means either of the following: (1) All or part of an area located within an area for which an application or designation as a sole or principal source aquifer pursuant to section 300h–3(e) of this title , has been submitted and approved by the Administrator and which satisfies the criteria established by the Administrator under subsection (d). (2) All or part of an area which is within an aquifer designated as a sole source aquifer as of June 19, 1986 , and for which an areawide ground water quality protection plan has been approved under section 208 of the Clean Water Act [ 33 U.S.C. 1288 ] prior to June 19, 1986 .

“annular injection” applies in that section

the term “annular injection” means the reinjection of brines associated with the production of oil or gas between the production and surface casings of a conventional oil or gas producing well. (3) Review The Administrator shall conduct a review of each program certified under this subsection. (4) Disapproval If a State fails to include the certification required by this subsection or if in the judgment of the Administrator the State program certified under this subsection is not being adequately enforced, the Administrator shall disapprove the State program submitted under subsection (a) of this section.

“wellhead protection area” applies in that section

the term “wellhead protection area” means the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield. The extent of a wellhead protection area, within a State, necessary to provide protection from contaminants which may have any adverse effect on the health of persons is to be determined by the State in the program submitted under subsection (a). Not later than one year after June 19, 1986 , the Administrator shall issue technical guidance which States may use in making such determinations.

“Administrator” applies in that section

The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) Class VI well

“Class VI well” applies in that section

The term “Class VI well” means a well described in section 144.6(f) of title 40, Code of Federal Regulations (or successor regulations). (b) Authorization of appropriations for geologic sequestration permitting There is authorized to be appropriated to the Administrator for the permitting of Class VI wells by the Administrator for the injection of carbon dioxide for the purpose of geologic sequestration in accordance with the requirements of the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.) and the final rule of the Administrator entitled “Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells” (75 Fed. Reg.

“adult with a special need” applies throughout its subchapter

The term “adult with a special need” means a person 18 years of age or older who requires care or supervision to— (A) meet the person’s basic needs; (B) prevent physical self-injury or injury to others; or (C) avoid placement in an institutional facility. (2) Aging and disability resource center

“aging and disability resource center” applies throughout its subchapter

The term “aging and disability resource center” means an entity administering a program established by the State, as part of the State’s system of long-term care, to provide a coordinated system for providing— (A) comprehensive information on available public and private long-term care programs, options, and resources; (B) personal counseling to assist individuals in assessing their existing or anticipated long-term care needs, and developing and implementing a plan for long-term care designed to meet their specific needs and circumstances; and (C) consumer access to the range of publicly supported long-term care programs for which consumers may be eligible, by serving as a convenient point …

“child with a special need” applies throughout its subchapter

The term “child with a special need” means an individual less than 18 years of age who requires care or supervision beyond that required of children generally to— (A) meet the child’s basic needs; or (B) prevent physical injury, self-injury, or injury to others. (4) Eligible State agency

“eligible State agency” applies throughout its subchapter

The term “eligible State agency” means a State agency that— (A) administers the State’s program under the Older Americans Act of 1965 [ 42 U.S.C. 3001 et seq.], administers the State’s program under title XIX of the Social Security Act [ 42 U.S.C.

“family caregiver” applies throughout its subchapter

The term “family caregiver” means an unpaid family member, a foster parent, or another unpaid individual, who provides in-home monitoring, management, supervision, or treatment of a child or adult with a special need. (6) Lifespan respite care

“lifespan respite care” applies throughout its subchapter

The term “lifespan respite care” means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs. (7) Respite care

“respite care” applies throughout its subchapter

The term “respite care” means planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of that child or adult. (8) State

“State” applies throughout its subchapter

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

“tamper” applies in that section

the term “tamper” means— (1) to introduce a contaminant into a public water system with the intention of harming persons; or (2) to otherwise interfere with the operation of a public water system with the intention of harming persons.

“natural hazard” applies in that section

the term “natural hazard” means a natural event that threatens the functioning of a community water system, including an earthquake, tornado, flood, hurricane, wildfire, and hydrologic changes.

“resilience” applies in that section

the term “resilience” means the ability of a community water system or an asset of a community water system to adapt to or withstand the effects of a malevolent act or natural hazard without interruption to the asset’s or system’s function, or if the function is interrupted, to rapidly return to a normal operating condition; and;

“certified EHR technology” applies throughout its subchapter

The term “certified EHR technology” means a qualified electronic health record that is certified pursuant to section 300jj–11(c)(5) of this title as meeting standards adopted under section 300jj–14 of this title that are applicable to the type of record involved (as determined by the Secretary, such as an ambulatory electronic health record for office-based physicians or an inpatient hospital electronic health record for hospitals). (2) Enterprise integration

“enterprise integration” applies throughout its subchapter

The term “enterprise integration” means the electronic linkage of health care providers, health plans, the government, and other interested parties, to enable the electronic exchange and use of health information among all the components in the health care infrastructure in accordance with applicable law, and such term includes related application protocols and other related standards. (3) Health care provider

“health care provider” applies throughout its subchapter

The term “health care provider” includes a hospital, skilled nursing facility, nursing facility, home health entity or other long term care facility, health care clinic, community mental health center (as defined in section 300x–2(b)(1) of this title ), renal dialysis facility, blood center, ambulatory surgical center described in section 1395 l (i) of this title, 1 emergency medical services provider, Federally qualified health center, group practice, a pharmacist, a pharmacy, a laboratory, a physician (as defined in section 1395x(r) of this title ), a practitioner (as described in section 1395u(b)(18)(C) of this title ), a provider operated by, or under contract with, the Indian Health …

“health information” applies throughout its subchapter

The term “health information” has the meaning given such term in section 1320d(4) of this title . (5) Health information technology

“health information technology” applies throughout its subchapter

The term “health information technology” means hardware, software, integrated technologies or related licenses, intellectual property, upgrades, or packaged solutions sold as services that are designed for or support the use by health care entities or patients for the electronic creation, maintenance, access, or exchange of health information 2 (6) Health plan

“health plan” applies throughout its subchapter

The term “health plan” has the meaning given such term in section 1320d(5) of this title . (7) HIT Advisory Committee

“HIT Advisory Committee” applies throughout its subchapter

The term “HIT Advisory Committee” means such Committee established under section 300jj–12(a) of this title . (8) Individually identifiable health information

“individually identifiable health information” applies throughout its subchapter

The term “individually identifiable health information” has the meaning given such term in section 1320d(6) of this title . (9) Interoperability The term “interoperability”, with respect to health information technology, means such health information technology that— (A) enables the secure exchange of electronic health information with, and use of electronic health information from, other health information technology without special effort on the part of the user; (B) allows for complete access, exchange, and use of all electronically accessible health information for authorized use under applicable State or Federal law; and (C) does not constitute information blocking as defined in …

“laboratory” applies throughout its subchapter

The term “laboratory” has the meaning given such term in section 263a(a) of this title . (11) National Coordinator

“National Coordinator” applies throughout its subchapter

The term “National Coordinator” means the head of the Office of the National Coordinator for Health Information Technology established under section 300jj–11(a) of this title . (12) Pharmacist

“pharmacist” applies throughout its subchapter

The term “pharmacist” has the meaning given such term in section 384(2) 3 of title 21. (13) Qualified electronic health record

“qualified electronic health record” applies throughout its subchapter

The term “qualified electronic health record” means an electronic record of health-related information on an individual that— (A) includes patient demographic and clinical health information, such as medical history and problem lists; (B) has the capacity— (i) to provide clinical decision support; (ii) to support physician order entry; (iii) to capture and query information relevant to health care quality; and (iv) to exchange electronic health information with, and integrate such information from other sources; and (C) includes, or is capable of including, a real-time benefit tool that conveys patient-specific real-time cost and coverage information with respect to prescription drugs that, …

“State” applies throughout its subchapter

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

“certification criteria” applies throughout its subchapter

the term “certification criteria” means, with respect to standards and implementation specifications for health information technology, criteria to establish that the technology meets such standards and implementation specifications. (C) Health information technology for medical specialties and sites of service (i) In general The National Coordinator shall encourage, keep, or recognize, through existing authorities, the voluntary certification of health information technology under the program developed under subparagraph (A) for use in medical specialties and sites of service for which no such technology is available or where more technological advancement or integration is needed.

“HIPAA privacy and security law” applies in that section

the term “HIPAA privacy and security law” means— (A) the provisions of part C of title XI of the Social Security Act [ 42 U.S.C. 1320d et seq.], section 264 of the Health Insurance Portability and Accountability Act of 1996, and subtitle D of title IV 1 of the Health Information Technology for Economic and Clinical Health Act; and (B) regulations under such provisions.

“eligible entity” applies in that section

the term “eligible entity” means a State or Indian tribe (as defined in the Indian Self-Determination and Education Assistance Act [ 25 U.S.C. 5301 et seq.]) that— (1) submits to the National Coordinator an application at such time, in such manner, and containing such information as the National Coordinator may require; (2) submits to the National Coordinator a strategic plan in accordance with subsection (d) and provides to the National Coordinator assurances that the entity will update such plan annually in accordance with such subsection; (3) provides assurances to the National Coordinator that the entity will establish a Loan Fund in accordance with subsection (c); (4) provides …

“information blocking” applies in that section

the term “information blocking” means a practice that— (A) except as required by law or specified by the Secretary pursuant to rulemaking under paragraph (3), is likely to interfere with, prevent, or materially discourage access, exchange, or use of electronic health information; and (B) (i) if conducted by a health information technology developer, exchange, or network, such developer, exchange, or network knows, or should know, that such practice is likely to interfere with, prevent, or materially discourage the access, exchange, or use of electronic health information; or (ii) if conducted by a health care provider, such provider knows that such practice is unreasonable and is likely to …

“disadvantaged community” applies in that section

the term “disadvantaged community” means the service area of a public water system that meets affordability criteria established after public review and comment by the State in which the public water system is located. The Administrator may publish information to assist States in establishing affordability criteria.

“iron and steel products” applies in that section

the term “iron and steel products” means the following products made primarily of iron or steel: (i) Lined or unlined pipes and fittings. (ii) Manhole covers and other municipal castings. (iii) Hydrants. (iv) Tanks. (v) Flanges. (vi) Pipe clamps and restraints. (vii) Valves. (viii) Structural steel. (ix) Reinforced precast concrete. (x) Construction materials.

“border State” applies in that section

The term “border State” means Arizona, California, New Mexico, and Texas. (2) Eligible community

“eligible community” applies in that section

The term “eligible community” means a low-income community with economic hardship that— (A) is commonly referred to as a colonia; (B) is located along the United States-Mexico border (generally in an unincorporated area); and (C) lacks a safe drinking water supply or adequate facilities for the provision of safe drinking water for human consumption.

“feasible” applies in that section

the term “feasible” has the meaning given such term in section 300g–1(b)(4)(D) of this title .

“eligible entity” applies in that section

The term “eligible entity” means— (i) an owner or operator of a public water system that assists or is seeking to assist eligible individuals with connecting the household of the eligible individual to the public water system; or (ii) a nonprofit entity that assists or is seeking to assist eligible individuals with the costs associated with connecting the household of the eligible individual to a public water system. (B) Eligible individual

“eligible individual” applies in that section

The term “eligible individual” has the meaning given the term in section 1383(j) of title 33 . (C) Program

“natural hazard” applies in that section

The terms “resilience” and “natural hazard” have the meaning given such terms in section 300i–2(h) of this title . (2) In general The Administrator shall establish and carry out a program, to be known as the Drinking Water System Infrastructure Resilience and Sustainability Program, under which the Administrator, subject to the availability of appropriations for such purpose, shall award grants in each of fiscal years 2022 through 2026 to eligible entities for the purpose of increasing resilience to natural hazards.

“program” applies in that section

The term “program” means the competitive grant program established under paragraph (2). (2) Establishment Subject to the availability of appropriations, the Administrator shall establish a competitive grant program for the purpose of improving the general welfare under which the Administrator awards grants to eligible entities to provide funds to assist eligible individuals in covering the costs incurred by the eligible individual in connecting the household of the eligible individual to a public water system.

“resilience” applies in that section

The terms “resilience” and “natural hazard” have the meaning given such terms in section 300i–2(h) of this title . (2) In general The Administrator shall establish and carry out a program, to be known as the Drinking Water System Infrastructure Resilience and Sustainability Program, under which the Administrator, subject to the availability of appropriations for such purpose, shall award grants in each of fiscal years 2022 through 2026 to eligible entities for the purpose of increasing resilience to natural hazards.

“underserved community” applies in that section

The term “underserved community” means a political subdivision of a State that, as determined by the Administrator, has an inadequate system for obtaining drinking water. (2) Inclusions

“eligible entity” applies in that section

The term “eligible entity” means— (A) a community water system; (B) a water system located in an area governed by an Indian Tribe; (C) a nontransient noncommunity water system; (D) a qualified nonprofit organization with experience in lead reduction, as determined by the Administrator; and (E) a municipality or State, interstate, or intermunicipal agency. (2) Lead reduction project (A) In general

“lead reduction project” applies in that section

The term “lead reduction project” means a project or activity the primary purpose of which is to reduce the concentration of lead in water for human consumption by— (i) replacement of lead service lines; (ii) testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased concentration of lead in water for human consumption; and (iii) providing assistance to eligible entities to replace lead service lines, with priority for disadvantaged communities based on the affordability criteria established by the applicable State under section 300j–12(d)(3) of this title , low-income …

“lead service line” applies in that section

The term “lead service line” means a pipe and its fittings, which are not lead free (as defined in section 300g–6(d) of this title ), that connect the drinking water main to the building inlet. (5) Nontransient noncommunity water system

“nontransient noncommunity water system” applies in that section

The term “nontransient noncommunity water system” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year. (b) Grant program (1) Establishment The Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States.

“pilot program” applies in that section

The term “pilot program” means the pilot program established under paragraph (2). (2) Establishment The Administrator shall establish a pilot program under which the Administrator shall provide grants to eligible entities to carry out lead reduction projects that are demonstrated to exist or are suspected to exist, based on available data, information, or resources, including existing lead inventorying of those eligible entities. (3) Selection (A) Application To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.

“intractable water system” applies in that section

the term “intractable water system” means a community water system or a noncommunity water system— (1) that serves fewer than 1,000 individuals; (2) the owner or operator of which— (A) is unable or unwilling to provide safe and adequate service to those individuals; (B) has abandoned or effectively abandoned the community water system or noncommunity water system, as applicable; (C) has defaulted on a financial obligation relating to the community water system or noncommunity water system, as applicable; or (D) fails to maintain the facilities of the community water system or noncommunity water system, as applicable, in a manner so as to prevent a potential public health hazard; and (3) …

“public works department or agency” applies in that section

the term “public works department or agency” means a political subdivision of a local, county, or regional government that designs, builds, operates, and maintains water infrastructure, sewage and refuse disposal systems, and other public water systems and facilities.

“eligible entity” applies in that section

The term “eligible entity” means— (A) a State; (B) a unit of local government; (C) a public corporation established by a unit of local government to provide water service; (D) a nonprofit corporation, public trust, or cooperative association that owns or operates a public water system; (E) an Indian Tribe that owns or operates a public water system; (F) a nonprofit organization that provides technical assistance to public water systems; and (G) a Tribal consortium. (2) Operational sustainability

“operational sustainability” applies in that section

The term “operational sustainability” means the ability to improve the operation of a small system through the identification and prevention of potable water loss due to leaks, breaks, and other metering or infrastructure failures. (3) Program

“program” applies in that section

The term “program” means the grant program established under subsection (b). (4) Small system The term “small system”, for the purposes of this section, means a public water system that— (A) serves fewer than 10,000 people; and (B) is owned or operated by— (i) a unit of local government; (ii) a public corporation; (iii) a nonprofit corporation; (iv) a public trust; (v) a cooperative association; or (vi) an Indian Tribe. (b) Establishment Subject to the availability of appropriations, the Administrator shall establish a program to award grants to eligible entities for the purpose of improving the operational sustainability of 1 or more small systems.

“eligible entity” applies in that section

The term “eligible entity” means a public water system that serves a community with a population of 10,000 or more. (2) Natural hazard; resilience

“natural hazard” applies in that section

The terms “resilience” and “natural hazard” have the meanings given those terms in section 300i–2(h) of this title . (3) Resilience and sustainability program

“resilience” applies in that section

The terms “resilience” and “natural hazard” have the meanings given those terms in section 300i–2(h) of this title . (3) Resilience and sustainability program

“resilience and sustainability program” applies in that section

The term “resilience and sustainability program” means the Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program established under subsection (b). (b) Establishment The Administrator shall establish and carry out a program, to be known as the “Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program”, under which the Administrator, subject to the availability of appropriations for the resilience and sustainability program, shall award grants to eligible entities for the purpose of— (1) increasing resilience to natural hazards and extreme weather events; and (2) reducing cybersecurity vulnerabilities.

“eligible entity” applies in that section

The term “eligible entity” means the owner or operator of a public water system that— (i) serves— (I) a population of not more than 100,000 people; or (II) a community described in section 300j–19a(c)(2) of this title ; (ii) has plans to identify or has identified opportunities in the operations of the public water system to employ new, existing, or emerging, yet proven, technologies, including technology that could address cybersecurity vulnerabilities, as determined by the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by the public water system, including technologies not identified in the study conducted under …

“program” applies in that section

The term “program” means the competitive grant program established under paragraph (2). (2) Establishment The Administrator shall establish a competitive grant program under which the Administrator shall award grants to eligible entities for the purpose of identifying, deploying, or identifying and deploying technologies described in paragraph (1)(A)(ii). (3) Requirements (A) Applications To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.

“Administrator” applies in that section

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

“eligible entity” applies in that section

The term “eligible entity” means— (A) a public water system (as defined under section 300f(4) of this title ); (B) an institution of higher education; (C) a research institution or foundation; (D) a regional water organization; or (E) a nonprofit organization described in section 300j–1(e)(8) of this title . (b) Grant program authorized The Administrator shall carry out a grant program for the purpose of accelerating the development and deployment of innovative water technologies that address pressing drinking water supply, quality, treatment, or security challenges of public water systems, areas served by private wells, or source waters.

“public water system supervision program” applies in that section

The term “public water system supervision program” means a program for the adoption and enforcement of drinking water regulations (with such variances and exemptions from such regulations under conditions and in a manner which is not less stringent than the conditions under, and the manner in, which variances and exemptions may be granted under sections 300g–4 and 300g–5 of this title) which are no less stringent than the national primary drinking water regulations under section 300g–1 of this title , and for keeping records and making reports required by section 300g–2(a)(3) of this title .;

“underground water source protection program” applies in that section

The term “underground water source protection program” means a program for the adoption and enforcement of a program which meets the requirements of regulations under section 300h of this title , and for keeping records and making reports required by section 300h–1(b)(1)(A)(ii) of this title . Such term includes, where applicable, a program which meets the requirements of section 300h–4 of this title .

“drinking water cooler” applies throughout its part

The term “drinking water cooler” means any mechanical device affixed to drinking water supply plumbing which actively cools water for human consumption. (2) Lead free

“lead free” applies throughout its part

The term “lead free” means, with respect to a drinking water cooler, that each part or component of the cooler which may come in contact with drinking water contains not more than 8 percent lead, except that no drinking water cooler which contains any solder, flux, or storage tank interior surface which may come in contact with drinking water shall be considered lead free if the solder, flux, or storage tank interior surface contains more than 0.2 percent lead.

“lead-lined tank” applies throughout its part

The term “lead-lined tank” means a water reservoir container in a drinking water cooler which container is constructed of lead or which has an interior surface which is not lead free.

“local educational agency” applies throughout its part

The term “local educational agency” means— (A) any local educational agency as defined in section 7801 of title 20 , (B) the owner of any private, nonprofit elementary or secondary school building, and (C) the governing authority of any school operating under the defense dependent’s education system provided for under the Defense Dependent’s Education Act of 1978 ( 20 U.S.C. 921 and following). (4) Repair

“repair” applies throughout its part

The term “repair” means, with respect to a drinking water cooler, to take such corrective action as is necessary to ensure that water cooler is lead free. (5) Replacement The term “replacement”, when used with respect to a drinking water cooler or drinking water fountain, means the permanent removal of the water cooler or drinking water fountain and the installation of a lead free water cooler or drinking water fountain. (6) School

“school” applies throughout its part

The term “school” means any elementary school or secondary school as defined in section 7801 of title 20 and any kindergarten or day care facility. (7) Lead-lined tank

“child care program” applies in that section

The term “child care program” has the meaning given the term “early childhood education program” in section 1003(8) of title 20 . (B) Local educational agency

“local educational agency” applies in that section

The term “local educational agency” means— (i) a local educational agency (as defined in section 7801 of title 20 ); (ii) a tribal education agency (as defined in section 5502 of title 20 ); and (iii) a person that owns or operates a child care program facility.

“City” applies in that section

The term “City” means a city exposed to lead contamination in the local drinking water system. (2) Committee

“Committee” applies in that section

The term “Committee” means the Advisory Committee established under subsection (c). (3) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Health and Human Services. (b) Lead exposure registry The Secretary shall establish within the Agency for Toxic Substances and Disease Registry or the Centers for Disease Control and Prevention at the discretion of the Secretary, or establish through a grant award or contract, a lead exposure registry to collect data on the lead exposure of residents of a City on a voluntary basis.

“State” applies in that section

The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (2) Water supply system

“water supply system” applies in that section

The term “water supply system” means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves at least 25 individuals and a draw and fill system for the provision to the public of water for human consumption. Such term does not include a system owned by a Federal agency. Such term includes (A) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (B) any collection or pretreatment facilities not under such control that are used primarily in connection with such system.

“grantee” applies in that section

the term “grantee” means any person who applies for or receives financial assistance, by grant, contract, or loan guarantee under this subchapter, and;

“information required under this section” applies in that section

the term “information required under this section” means any papers, books, documents, or information, or any particular part thereof, reported to or otherwise obtained by the Administrator under this section. (e) “Grantee” and “person” defined For purposes of this section;

“person” applies in that section

the term “person” includes a Federal agency. (f) Information regarding drinking water coolers The Administrator may utilize the authorities of this section for purposes of part F. Any person who manufactures, imports, sells, or distributes drinking water coolers in interstate commerce shall be treated as a supplier of water for purposes of applying the provisions of this section in the case of persons subject to part F.

“nonprofit agency or institution” applies in that section

the term “nonprofit agency or institution” means an agency or institution no part of the net earnings of which inure, or may lawfully inure, to the benefit of any private shareholder or individual. (e) Labor standards The Administrator shall take such action as may be necessary to assure compliance with provisions of sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267 ) and section 3145 of title 40 .

“Indian tribe” applies in that section

The term “Indian tribe” has the meaning given the term in section 1603 of title 25 . (B) Tribal organization

“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, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, an Indian tribe, and a tribal organization. (6) Sunset The Secretary may not grant a waiver or extension under this subsection after September 30, 2012 .

“tribal organization” applies in that section

The term “tribal organization” has the meaning given the term in section 1603 of title 25 . (C) State

“WTC responder” applies throughout its subchapter

the term “WTC responder” means any of the following individuals, subject to paragraph (4): (A) Currently identified responder An individual who has been identified as eligible for monitoring under the arrangements as in effect on January 2, 2011 , between the National Institute for Occupational Safety and Health and— (i) the consortium coordinated by Mt. Sinai Hospital in New York City that coordinates the monitoring and treatment for enrolled WTC responders other than with respect to those covered under the arrangement with the Fire Department of New York City; or (ii) the Fire Department of New York City.

“interested party” applies in that section

the term “interested party” includes a representative of any organization representing WTC responders, a nationally recognized medical association, a Clinical or Data Center, a State or political subdivision, or any other interested person. (F) Independent peer reviews Prior to issuing a final rule to add a health condition to the list in paragraph (3), the WTC Program Administrator shall provide for an independent peer review of the scientific and technical evidence that would be the basis for issuing such final rule.

“WTC-related health condition” applies throughout its subchapter

the term “WTC-related health condition” means a condition that— (A) (i) is an illness or health condition for which exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001 , terrorist attacks, based on an examination by a medical professional with experience in treating or diagnosing the health conditions included in the applicable list of WTC-related health conditions, is substantially likely to be a significant factor in aggravating, contributing to, or causing the illness or health condition, as determined under paragraph (2); or (ii) is a mental health condition for which such attacks, based on an examination by a medical …

“WTC-related musculoskeletal disorder” applies throughout its subchapter

The term “WTC-related musculoskeletal disorder” means a chronic or recurrent disorder of the musculoskeletal system caused by heavy lifting or repetitive strain on the joints or musculoskeletal system occurring during rescue or recovery efforts in the New York City disaster area in the aftermath of the September 11, 2001 , terrorist attacks.

“certified-eligible WTC survivor” applies throughout its subchapter

The term “certified-eligible WTC survivor” means, subject to paragraph (3), a screening-eligible WTC survivor who the WTC Program Administrator certifies under subparagraph (B) to be eligible for followup monitoring and treatment under this subpart. (B) Certification of eligibility for monitoring and treatment (i) In general The WTC Program Administrator shall establish a certification process under which the Administrator shall provide appropriate certification to screening-eligible WTC survivors who, pursuant to the initial health evaluation under subsection (b), are determined to be eligible for followup monitoring and treatment under this subpart.

“screening-eligible WTC survivor” applies throughout its subchapter

the term “screening-eligible WTC survivor” means, subject to subparagraph (C) and paragraph (3), an individual who is described in any of the following clauses: (i) Currently identified survivor An individual, including a WTC responder, who has been identified as eligible for medical treatment and monitoring by the WTC Environmental Health Center as of January 2, 2011 . (ii) Survivor who meets current eligibility criteria An individual who is not a WTC responder, for purposes of the initial health evaluation under subsection (b), claims symptoms of a WTC-related health condition and meets any of the current eligibility criteria described in subparagraph (B).

“Clinical Center of Excellence” applies throughout its subchapter

the term “Clinical Center of Excellence” means a Center that demonstrates to the satisfaction of the Administrator that the Center— (i) uses an integrated, centralized health care provider approach to create a comprehensive suite of health services under this subchapter that are accessible to enrolled WTC responders, screening-eligible WTC survivors, or certified-eligible WTC survivors; (ii) has experience in caring for WTC responders and screening-eligible WTC survivors or includes health care providers who have been trained pursuant to section 300mm–23(c) of this title ; (iii) employs health care provider staff with expertise that includes, at a minimum, occupational medicine, …

“Data Center” applies throughout its subchapter

the term “Data Center” means a Center that the WTC Program Administrator determines has the capacity to carry out the responsibilities for a Data Center under subsection (a)(2). (3) Corresponding centers For purposes of this subchapter, a Clinical Center of Excellence and a Data Center shall be treated as “corresponding” to the extent that such Clinical Center and Data Center serve the same population group.

“fixed infrastructure costs” applies throughout its subchapter

the term “fixed infrastructure costs” means, with respect to a Clinical Center of Excellence, the costs incurred by such Center that are not otherwise reimbursable by the WTC Program Administrator under section 300mm–22(c) of this title for patient evaluation, monitoring, or treatment but which are needed to operate the WTC program such as the costs involved in outreach to participants or recruiting participants, data collection and analysis, social services for counseling patients on other available assistance outside the WTC program, and the development of treatment protocols. Such term does not include costs for new construction or other capital costs.

“aggravating” applies throughout its subchapter

The term “aggravating” means, with respect to a health condition, a health condition that existed on September 11, 2001 , and that, as a result of exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001 , terrorist attacks, requires medical treatment that is (or will be) in addition to, more frequent than, or of longer duration than the medical treatment that would have been required for such condition in the absence of such exposure.;

“certified-eligible WTC survivor” applies throughout its subchapter

The term “certified-eligible WTC survivor” has the meaning given such term in section 300mm–31(a)(2) of this title .;

“Clinical Center of Excellence” applies throughout its subchapter

The terms “Clinical Center of Excellence” and “Data Center” have the meanings given such terms in section 300mm–4 of this title .;

“Data Center” applies throughout its subchapter

The terms “Clinical Center of Excellence” and “Data Center” have the meanings given such terms in section 300mm–4 of this title .;

“enrolled WTC responder” applies throughout its subchapter

The term “enrolled WTC responder” means a WTC responder enrolled under section 300mm–21(a)(3) of this title .;

“Federal agency” applies throughout its subchapter

The term “Federal agency” means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.;

“initial health evaluation” applies throughout its subchapter

The term “initial health evaluation” includes, with respect to an individual, a medical and exposure history, a physical examination, and additional medical testing as needed to evaluate whether the individual has a WTC-related health condition and is eligible for treatment under the WTC Program.;

“list of WTC-related health conditions” applies throughout its subchapter

The term “list of WTC-related health conditions” means— (A) for WTC responders, the health conditions listed in section 300mm–22(a)(3) of this title ; and (B) for screening-eligible and certified-eligible WTC survivors, the health conditions listed in section 300mm–32(b) of this title .;

“New York City disaster area” applies throughout its subchapter

The term “New York City disaster area” means the area within New York City that is— (A) the area of Manhattan that is south of Houston Street; and (B) any block in Brooklyn that is wholly or partially contained within a 1.5-mile radius of the former World Trade Center site.;

“New York metropolitan area” applies throughout its subchapter

The term “New York metropolitan area” means an area, specified by the WTC Program Administrator, within which WTC responders and eligible WTC screening-eligible survivors who reside in such area are reasonably able to access monitoring and treatment benefits and initial health evaluation benefits under this subchapter through a Clinical Center of Excellence described in subparagraphs (A), (B), or (C) of section 300mm–4(b)(1) of this title .;

“screening-eligible WTC survivor” applies throughout its subchapter

The term “screening-eligible WTC survivor” has the meaning given such term in section 300mm–31(a)(1) of this title . (11) Any reference to “ September 11, 2001 ” shall be deemed a reference to the period on such date subsequent to the terrorist attacks at the World Trade Center, Shanksville, Pennsylvania, or the Pentagon, as applicable, on such date.;

“September 11, 2001 , terrorist attacks” applies throughout its subchapter

The term “ September 11, 2001 , terrorist attacks” means the terrorist attacks that occurred on September 11, 2001 , in New York City, in Shanksville, Pennsylvania, and at the Pentagon, and includes the aftermath of such attacks.;

“uniformed services” applies throughout its subchapter

The term “uniformed services” has the meaning given the term in section 101(a) of title 10 .;

“WTC Health Program Steering Committee” applies throughout its subchapter

The term “WTC Health Program Steering Committee” means such a Steering Committee established under section 300mm–1(b) of this title .;