r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“governmental pension system” applies in that section
The term “governmental pension system” means the insurance system established by this subchapter or any other system or fund established by the United States, a State, any political subdivision of a State, or any wholly owned instrumentality of any one or more of the foregoing which provides for payment of (A) pensions, (B) retirement or retired pay, or (C) annuities or similar amounts payable on account of personal services performed by any individual (not including any payment under any workmen’s compensation law or any payment by the Secretary of Veterans Affairs as compensation for service-connected disability or death).;
“periodic benefit” applies in that section
The term “periodic benefit” includes a benefit payable in a lump sum if it is a commutation of, or a substitute for, periodic payments. (4) The determination of whether an individual is a husband or wife for any month shall be made under subsection (h) of section 416 of this title without regard to subsections (b) and (f) of section 416 of this title .
“quarter of coverage” applies in that section
The term “quarter of coverage” includes a quarter of coverage as defined in section 228e( l ) of title 45.;
“United States” applies in that section
the term “United States” means the 50 States and the District of Columbia. (f) Treatment as monthly insurance benefits For purposes of subsections (t) and (u) of section 402 of this title , and of section 1395s of this title , a monthly benefit under this section shall be treated as a monthly insurance benefit payable under section 402 of this title .
“internee” applies in that section
the term “internee” means an individual who was interned during any period of time from December 7, 1941 , through December 31, 1946 , at a place within the United States operated by the Government of the United States for the internment of United States citizens of Japanese ancestry.
“period of coverage” applies in that section
the term “period of coverage” means a period of payment of contributions or a period of earnings based on wages for employment or on self-employment income, or any similar period recognized as equivalent thereto under this subchapter or under the social security system of a country which is a party to an agreement entered into under this section.
“social security system” applies in that section
the term “social security system” means, with respect to a foreign country, a social insurance or pension system which is of general application in the country and under which periodic benefits, or the actuarial equivalent thereof, are paid on account of old age, death, or disability; and;
“itemized impairment-related work expenses” applies in that section
the term “itemized impairment-related work expenses” means the amount excluded under section 423(d)(4)(A) of this title from an individual’s earnings for a month in determining whether an individual is able to engage in substantial gainful activity by reason of such earnings in such month, except that such amount does not include the cost to the individual of any item or service for which the individual does not provide to the Commissioner a satisfactory itemized accounting.
“minimum threshold amount” applies in that section
the term “minimum threshold amount” means an amount, to be determined by the Commissioner, which shall not exceed the amount sufficient to demonstrate that an individual has rendered services in a month, as determined by the Commissioner under section 422(c)(4)(A) of this title . The Commissioner may test multiple minimum threshold amounts.
“business” applies in that section
the term “business” means a trade or business (or a part thereof);
“claim information” applies in that section
the term “claim information” means information regarding whether an individual is receiving, has received, or has made application for, unemployment compensation, the amount of any such compensation being received (or to be received by such individual), and the individual’s current (or most recent) home address.
“contributions” applies in that section
the term “contributions” has the meaning given such term by section 3306(g) of the Internal Revenue Code of 1986;
“controlled substance” applies in that section
the term “controlled substance” has the meaning given such term in section 802 of title 21 . (m) Uncollected covered unemployment compensation debt In the case of a covered unemployment compensation debt (as defined under section 6402(f)(4) of the Internal Revenue Code of 1986) that remains uncollected as of the date that is 1 year after the debt was finally determined to be due and collected, the State to which such debt is owed shall take action to recover such debt under section 6402(f) of the Internal Revenue Code of 1986.
“employer” applies in that section
the term “employer” means an employer as defined under the State law;
“knowingly” applies in that section
the term “knowingly” means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibition involved; and;
“person” applies in that section
the term “person” has the meaning given such term by section 7701(a)(1) of the Internal Revenue Code of 1986. (l) No interference with State laws regarding applicant’s unlawful use of controlled substances (1) Nothing in this chapter or any other provision of Federal law shall be considered to prevent a State from enacting legislation to provide for— (A) testing an applicant for unemployment compensation for the unlawful use of controlled substances as a condition for receiving such compensation, if such applicant— (i) was terminated from employment with the applicant’s most recent employer (as defined under the State law) because of the unlawful use of controlled substances; or (ii) is an …
“public housing agency” applies in that section
the term “public housing agency” means any agency described in section 1437a(b)(6) of this title . (j) Worker profiling (1) The State agency charged with the administration of the State law shall establish and utilize a system of profiling all new claimants for regular compensation that— (A) identifies which claimants will be likely to exhaust regular compensation and will need job search assistance services to make a successful transition to new employment; (B) refers claimants identified pursuant to subparagraph (A) to reemployment services, such as job search assistance services, available under any State or Federal law; (C) collects follow-up information relating to the services …
“State or local child support enforcement agency” applies in that section
the term “State or local child support enforcement agency” means any agency of a State or political subdivision thereof operating pursuant to a plan described in the last sentence of paragraph (1). (5) A State or local child support enforcement agency may disclose to any agent of the agency that is under contract with the agency to carry out the purposes described in paragraph (1)(B) wage information that is disclosed to an officer or employee of the agency under paragraph (1)(A). Any agent of a State or local child support agency that receives wage information under this paragraph shall comply with the safeguards established pursuant to paragraph (1)(B).
“State supplemental nutrition assistance program benefits agency” applies in that section
the term “State supplemental nutrition assistance program benefits agency” means any agency described in section 3(t)(1) 4 of the Food and Nutrition Act of 2008 which administers the supplemental nutrition assistance program established under such Act.
“unemployment compensation” applies in that section
the term “unemployment compensation” means any unemployment compensation payable under the State law (including amounts payable pursuant to an agreement under a Federal unemployment compensation law). (B) The State agency charged with the administration of the State law— (i) may require each new applicant for unemployment compensation to disclose whether the applicant owes an uncollected overissuance (as defined in section 13(c)(1) of the Food and Nutrition Act of 2008 [ 7 U.S.C.
“wage information” applies in that section
the term “wage information” means information regarding wages paid to an individual, the social security account number of such individual, and the name, address, State, and the Federal employer identification number of the employer paying such wages to such individual; and;
“base funding percentage” applies in that section
the term “base funding percentage” means— (i) for fiscal years 2021 through 2026, 89 percent; and (ii) for fiscal years after 2026, 84 percent. (2) Reservation for outcome payments (A) In general Of the amounts made available for grants under this section for each fiscal year after 2020, the Secretary shall reserve a percentage equal to the outcome reservation percentage for such fiscal year for outcome payments to increase the amount otherwise awarded to a State under paragraph (1).
“eligible State” applies in that section
The term “eligible State” means a State that has in effect a State plan approved by the Secretary in accordance with subsection (e). (3) Intervention
“intervention” applies in that section
The term “intervention” means a service delivery strategy for the provision of State reemployment services and eligibility assessment activities under this section. (4) State
“outcome reservation percentage” applies in that section
the term “outcome reservation percentage” means— (i) for fiscal years 2021 through 2026, 10 percent; and (ii) for fiscal years after 2026, 15 percent. (3) Reservation for research and technical assistance Of the amounts made available for grants under this section for each fiscal year after 2020, the Secretary may reserve not more than 1 percent to conduct research and provide technical assistance to States.
“State” applies in that section
The term “State” has the meaning given the term in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note). (5) Unemployment compensation The term unemployment compensation means “regular compensation”, “extended compensation”, and “additional compensation” (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note)).
“domestic violence” applies in that section
the term “domestic violence” has the same meaning as the term “battered or subjected to extreme cruelty”, as defined in section 608(a)(7)(C)(iii) of this title . (8) Certification that the State will provide information to victims of sexual harassment or survivors of domestic violence, sexual assault, or stalking (A) In general A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to— (i) ensure that applicants and potential applicants for assistance under the State program funded under this part are notified of assistance made available by the State to victims of sexual harassment and survivors of domestic …
“eligible State” applies throughout its part
the term “eligible State” means, with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following: (1) Outline of family assistance program (A) General provisions A written document that outlines how the State intends to do the following: (i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work, and support services to enable them to leave the program and …
“sexual assault” applies in that section
the terms “sexual assault” and “stalking” have the meanings given such terms in section 12291 of title 34 . (b) Plan amendments Within 30 days after a State amends a plan submitted pursuant to subsection (a), the State shall notify the Secretary of the amendment. (c) Public availability of State plan summary The State shall make available to the public a summary of any plan or plan amendment submitted by the State under this section.
“sexual harassment” applies in that section
the term “sexual harassment” means hostile, intimidating, or oppressive behavior based on sex that creates an offensive work environment;
“stalking” applies in that section
the terms “sexual assault” and “stalking” have the meanings given such terms in section 12291 of title 34 . (b) Plan amendments Within 30 days after a State amends a plan submitted pursuant to subsection (a), the State shall notify the Secretary of the amendment. (c) Public availability of State plan summary The State shall make available to the public a summary of any plan or plan amendment submitted by the State under this section.
“activities promoting responsible fatherhood” applies in that section
the term “activities promoting responsible fatherhood” means the following: (I) Activities to promote marriage or sustain marriage through activities such as counseling, mentoring, disseminating information about the benefits of marriage and 2-parent involvement for children, enhancing relationship skills, education regarding how to control aggressive behavior, disseminating information on the causes of domestic violence and child abuse, marriage preparation programs, premarital counseling, marital inventories, skills-based marriage education, financial planning seminars, including improving a family’s ability to effectively manage family business affairs by means such as education, …
“adjustment percentage” applies in that section
the term “adjustment percentage” means, with respect to a State and a fiscal year— (I) the unadjusted net payment to the State for the fiscal year; divided by (II) the sum of the unadjusted net payments to all States for the fiscal year. (iv) Unadjusted net payment As used in this subparagraph, the term, “unadjusted net payment” means with respect to a State and a fiscal year— (I) the total amount paid to the State under paragraph (3) in the fiscal year; minus (II) the amount that, in the absence of this subparagraph, would be required by subparagraph (A) or by section 609(a)(10) of this title to be remitted by the State in respect of the payment.
“applicable period” applies in that section
The term “applicable period” means the period that begins with April 1, 2021 , and ends with September 30, 2022 . (B) Non-recurrent short term benefits
“available amount” applies in that section
the term “available amount” means, for a fiscal year, the sum of— (I) 75 percent of the sum of— (aa) the amount specified in subparagraph (H) for the fiscal year, minus the total of the amounts reserved pursuant to subparagraphs (E), (F), and (G) for the fiscal year; and (bb) any amount reserved pursuant to subparagraph (E) for the immediately preceding fiscal year that has not been obligated; and (II) any available amount for the immediately preceding fiscal year that has not been obligated by a State, other than funds reserved by the State for distribution under clause (vi)(III) and funds distributed pursuant to clause (vi)(I) in any State in which the service delivery area is the State.
“bonus year” applies in that section
The term “bonus year” means fiscal years 1999, 2000, 2001, 2002, and 2003. (ii) High performing State
“countable expenditures” applies in that section
The term “countable expenditures” means, with respect to a State and a fiscal year— (I) the qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title (other than the expenditures described in subclause (I)(bb) of such section)) under the State program funded under this part for the fiscal year; plus (II) any amount paid to the State under paragraph (3) during the fiscal year that is expended by the State under the State program funded under this part.
“eligible applicant” applies in that section
the term “eligible applicant” means a private industry council for a service delivery area in a State, a political subdivision of a State, or a private entity applying in conjunction with the private industry council for such a service delivery area or with such a political subdivision, that submits a proposal developed in consultation with the Governor of the State.
“eligible month” applies in that section
the term “eligible month” means, with respect to a State, a month in the 2-month period that begins with any month for which the State is a needy State. (5) Needy State For purposes of paragraph (4), a State is a needy State for a month if— (A) the average rate of— (i) total unemployment in such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published equals or exceeds 6.5 percent; and (ii) total unemployment in such State (seasonally adjusted) for the 3-month period equals or exceeds 110 percent of such average rate for either (or both) of the corresponding 3-month periods ending in the 2 preceding calendar years; or (B) …
“healthy marriage promotion activities” applies in that section
the term “healthy marriage promotion activities” means the following: (I) Public advertising campaigns on the value of marriage and the skills needed to increase marital stability and health. (II) Education in high schools on the value of marriage, relationship skills, and budgeting. (III) Marriage education, marriage skills, and relationship skills programs, that may include parenting skills, financial management, conflict resolution, and job and career advancement. (IV) Pre-marital education and marriage skills training for engaged couples and for couples or individuals interested in marriage. (V) Marriage enhancement and marriage skills training programs for married couples.
“high performing State” applies in that section
The term “high performing State” means, with respect to a bonus year, an eligible State whose score assigned pursuant to subparagraph (D)(i) for the fiscal year immediately preceding the bonus year equals or exceeds the performance threshold prescribed under subparagraph (D)(ii) for such preceding fiscal year. (F) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 1999 through 2003 $1,000,000,000 for grants under this paragraph.
“level of State welfare spending per poor person” applies in that section
The term “level of State welfare spending per poor person” means, with respect to a State and a fiscal year— (I) the sum of— (aa) the total amount required to be paid to the State under former section 603 of this title (as in effect during fiscal year 1994) for fiscal year 1994; and (bb) the amount (if any) paid to the State under this paragraph for the immediately preceding fiscal year; divided by (II) the number of individuals, according to the 1990 decennial census, who were residents of the State and whose income was below the poverty line. (ii) National average level of State welfare spending per poor person
“national average level of State welfare spending per poor person” applies in that section
The term “national average level of State welfare spending per poor person” means, with respect to a fiscal year, an amount equal to— (I) the total amount required to be paid to the States under former section 603 of this title (as in effect during fiscal year 1994) for fiscal year 1994; divided by (II) the number of individuals, according to the 1990 decennial census, who were residents of any State and whose income was below the poverty line. (iii) State
“non-recurrent short term benefits” applies in that section
The term “non-recurrent short term benefits” has the meaning given the term in OMB approved Form ACF–196R, published on July 31, 2014 . (C) State
“private industry council” applies in that section
the term “private industry council” means, with respect to a service delivery area, the private industry council or local workforce development board established for the local workforce development area pursuant to title I of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3111 et seq.], as appropriate. (iii) Service delivery area As used in this paragraph, the term “service delivery area” shall have the meaning given such term for purposes of the Job Training Partnership Act or.
“reimbursable expenditures” applies in that section
The term “reimbursable expenditures” means, with respect to a State and a fiscal year, the amount (if any) by which— (I) countable State expenditures for the fiscal year; exceeds (II) historic State expenditures (as defined in section 609(a)(7)(B)(iii) of this title ), excluding any amount expended by the State for child care under subsection (g) or (i) of section 602 of this title (as in effect during fiscal year 1994) for fiscal year 1994. (ii) Countable State expenditures
“State” applies in that section
The term “State” means each of the 50 States of the United States and the District of Columbia. (E) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 1998, 1999, 2000, and 2001 such sums as are necessary for grants under this paragraph, in a total amount not to exceed $800,000,000.
“State percentage” applies in that section
the term “State percentage” means, with respect to a fiscal year, ½ of the sum of— (I) the percentage represented by the number of individuals in the State whose income is less than the poverty line divided by the number of such individuals in the United States; and (II) the percentage represented by the number of adults who are recipients of assistance under the State program funded under this part divided by the number of adults in the United States who are recipients of assistance under any State program funded under this part.
“territory” applies in that section
The term “territory” means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
“total adjustment” applies in that section
the term “total adjustment” means— (I) in the case of fiscal year 1998, $2,000,000; (II) in the case of fiscal year 1999, $9,000,000; (III) in the case of fiscal year 2000, $16,000,000; and (IV) in the case of fiscal year 2001, $13,000,000. (iii) Adjustment percentage As used in clause (i),
“date of acquisition” applies in that section
The term “date of acquisition” means the date on which a binding contract to acquire, construct, or reconstruct the principal residence to which this subparagraph applies is entered into. (H) Qualified plan
“eligible educational institution” applies in that section
The term “eligible educational institution” means the following: (i) An institution described in section 1088(a)(1) or 1141(a) of title 20, as such sections are in effect on August 22, 1996 . (ii) An area vocational education school (as defined in subparagraph (C) or (D) of section 2471(4) of title 20 ) which is in any State (as defined in section 2471(33) of title 20 ), as such sections are in effect on August 22, 1996 . (B) Post-secondary educational expenses
“post-secondary educational expenses” applies in that section
The term “post-secondary educational expenses” means— (i) tuition and fees required for the enrollment or attendance of a student at an eligible educational institution, and (ii) fees, books, supplies, and equipment required for courses of instruction at an eligible educational institution. (C) Qualified acquisition costs
“qualified acquisition costs” applies in that section
The term “qualified acquisition costs” means the costs of acquiring, constructing, or reconstructing a residence. The term includes any usual or reasonable settlement, financing, or other closing costs. (D) Qualified business
“qualified business” applies in that section
The term “qualified business” means any business that does not contravene any law or public policy (as determined by the Secretary). (E) Qualified business capitalization expenses
“qualified business capitalization expenses” applies in that section
The term “qualified business capitalization expenses” means qualified expenditures for the capitalization of a qualified business pursuant to a qualified plan. (F) Qualified expenditures
“qualified entity” applies in that section
the term “qualified entity” means— (i) a not-for-profit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) a State or local government agency acting in cooperation with an organization described in clause (i).
“qualified expenditures” applies in that section
The term “qualified expenditures” means expenditures included in a qualified plan, including capital, plant, equipment, working capital, and inventory expenses. (G) Qualified first-time homebuyer (i) In general
“qualified first-time homebuyer” applies in that section
The term “qualified first-time homebuyer” means a taxpayer (and, if married, the taxpayer’s spouse) who has no present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this subsection applies. (ii) Date of acquisition
“qualified plan” applies in that section
The term “qualified plan” means a business plan which— (i) is approved by a financial institution, or by a nonprofit loan fund having demonstrated fiduciary integrity, (ii) includes a description of services or goods to be sold, a marketing plan, and projected financial statements, and (iii) may require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor. (I) Qualified principal residence
“qualified principal residence” applies in that section
The term “qualified principal residence” means a principal residence (within the meaning of section 1034 of the Internal Revenue Code of 1986), the qualified acquisition costs of which do not exceed 100 percent of the average area purchase price applicable to such residence (determined in accordance with paragraphs (2) and (3) of section 143(e) of such Code).
“loan-eligible State” applies in that section
the term “loan-eligible State” means a State against which a penalty has not been imposed under section 609(a)(1) of this title . (b) Rate of interest The Secretary shall charge and collect interest on any loan made under this section at a rate equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the period to maturity of the loan.
“work activities” applies in that section
the term “work activities” means— (1) unsubsidized employment; (2) subsidized private sector employment; (3) subsidized public sector employment; (4) work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available; (5) on-the-job training; (6) job search and job readiness assistance; (7) community service programs; (8) vocational educational training (not to exceed 12 months with respect to any individual); (9) job skills training directly related to employment; (10) education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high …
“electronic benefit transfer transaction” applies in that section
The term “electronic benefit transfer transaction” means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.
“Indian country” applies in that section
the term “Indian country” has the meaning given such term in section 1151 of title 18 . (E) Rule of interpretation Subparagraph (A) shall not be interpreted to require any State to provide assistance to any individual for any period of time under the State program funded under this part. (F) Rule of interpretation This part shall not be interpreted to prohibit any State from expending State funds not originating with the Federal Government on benefits for children or families that have become ineligible for assistance under the State program funded under this part by reason of subparagraph (A).
“liquor store” applies in that section
The term “liquor store” means any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (within the meaning of section 3(r) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(r) )).
“second-chance home” applies in that section
the term “second-chance home” means an entity that provides individuals described in clause (ii) with a supportive and supervised living arrangement in which such individuals are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children. (6) No medical services (A) In general A State to which a grant is made under section 603 of this title shall not use any part of the grant to provide medical services.
“applicable percentage” applies in that section
the term “applicable percentage” means, with respect to a State— (i) if a penalty was not imposed on the State under subparagraph (A) for the immediately preceding fiscal year, 5 percent; or (ii) if a penalty was imposed on the State under subparagraph (A) for the immediately preceding fiscal year, the lesser of— (I) the percentage by which the grant payable to the State under section 603(a)(1) of this title was reduced for such preceding fiscal year, increased by 2 percentage points; or (II) 21 percent.
“eligible families” applies in that section
the term “eligible families” means families eligible for assistance under the State program funded under this part, families that would be eligible for such assistance but for the application of section 608(a)(7) of this title , and families of aliens lawfully present in the United States that would be eligible for such assistance but for the application of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [ 8 U.S.C. 1601 et seq.]. (V) Counting of spending on certain pro-family activities
“historic State expenditures” applies in that section
The term “historic State expenditures” means, with respect to a State, the lesser of— (I) the expenditures by the State under parts A and F (as in effect during fiscal year 1994) for fiscal year 1994; or (II) the amount which bears the same ratio to the amount described in subclause (I) as— (aa) the State family assistance grant, plus the total amount required to be paid to the State under former section 603 of this title for fiscal year 1994 with respect to amounts expended by the State for child care under subsection (g) or (i) of section 602 of this title (as in effect during fiscal year 1994); bears to (bb) the total amount required to be paid to the State under former section 603 of …
“qualified State expenditures” applies in that section
The term “qualified State expenditures” means, with respect to a State and a fiscal year, the total expenditures by the State during the fiscal year, under all State programs, for any of the following with respect to eligible families: (aa) Cash assistance, including any amount collected by the State as support pursuant to a plan approved under part D, on behalf of a family receiving assistance under the State program funded under this part, that is distributed to the family under section 657(a)(1)(B) of this title and disregarded in determining the eligibility of the family for, and the amount of, such assistance. (bb) Child care assistance.
“exit” applies in that section
the term “exit” means, with respect to a State program funded under this part, ceases to receive assistance under the program funded by this part. (4) Regulations In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the reporting of performance indicators under this subsection.
“eligible Indian tribe” applies in that section
the term “eligible Indian tribe” means an Indian tribe or Alaska Native organization that conducted a job opportunities and basic skills training program in fiscal year 1995 under section 682(i) of this title (as in effect during fiscal year 1995). (C) Use of grant Each Indian tribe to which a grant is made under this paragraph shall use the grant for the purpose of operating a program to make work activities available to such population and such service area or areas as the tribe specifies.
“State” applies in that section
the term “State” means each of the 50 States and the District of Columbia.
“territory” applies in that section
the term “territory” means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) Data used to determine State and Federal shares of expenditures In making the determinations concerning expenditures required under paragraphs (1) and (2)(C), the Secretary shall use information that was reported by the State on ACF Form 231 and available as of the applicable dates specified in clauses (i)(I), (ii), and (iii)(III) of section 603(a)(1)(D) 1 of this title. (b) Use of funds (1) In general Amounts received by a State under this section shall only be used to provide child care assistance.
“adult” applies throughout its part
The term “adult” means an individual who is not a minor child. (2) Minor child
“fiscal year” applies throughout its part
The term “fiscal year” means any 12-month period ending on September 30 of a calendar year. (4) Indian, Indian tribe, and tribal organization (A) In general Except as provided in subparagraph (B),
“Indian” applies throughout its part
the terms “Indian”, “Indian tribe”, and “tribal organization” have the meaning given such terms by section 5304 of title 25 . (B) Special rule for Indian tribes in Alaska
“Indian tribe” applies throughout its part
the terms “Indian”, “Indian tribe”, and “tribal organization” have the meaning given such terms by section 5304 of title 25 . (B) Special rule for Indian tribes in Alaska
“minor child” applies throughout its part
The term “minor child” means an individual who— (A) has not attained 18 years of age; or (B) has not attained 19 years of age and is a full-time student in a secondary school (or in the equivalent level of vocational or technical training). (3) Fiscal year
“State” applies throughout its part
the term “State” means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa.
“tribal organization” applies throughout its part
the terms “Indian”, “Indian tribe”, and “tribal organization” have the meaning given such terms by section 5304 of title 25 . (B) Special rule for Indian tribes in Alaska
“administrative costs” applies throughout its subpart
The term “administrative costs” means costs for the following, but only to the extent incurred in administering the State plan developed pursuant to this subpart: procurement, payroll management, personnel functions (other than the portion of the salaries of supervisors attributable to time spent directly supervising the provision of services by caseworkers), management, maintenance and operation of space and property, data processing and computer services, accounting, budgeting, auditing, and travel expenses (except those related to the provision of services by caseworkers or the oversight of programs funded under this subpart).
“United States” applies in that section
the term “United States” means the 50 States and the District of Columbia. (e) Reallotment of funds (1) In general The amount of any allotment to a State for a fiscal year under the preceding provisions of this section which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in section 622 of this title shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines— (A) need sums in excess of the amounts allotted to such other States under the preceding provisions of this section, in carrying out their State plans so developed; and (B) will be able to so …
“dual status youth” applies in that section
The term “dual status youth” means a child who has come into contact with both the child welfare and juvenile justice systems and occupies various statuses in terms of the individual’s relationship to such systems. (2) Leadership collaboration group
“leadership collaboration group” applies in that section
The term “leadership collaboration group” means a group composed of senior officials from the State child welfare agency, the State juvenile justice agency, and other relevant youth and family-serving public agencies and private organizations, including, to the extent practicable, representatives from the State judiciary branch. (3) State juvenile justice agency
“State child welfare agency” applies in that section
The term “State child welfare agency” means the State agency responsible for administering the program under this subpart, or, in the case of a tribal organization that is receiving payments under section 628 of this title , the tribal agency responsible for administering such program.
“State juvenile justice agency” applies in that section
The term “State juvenile justice agency” means the agency of the State or Indian tribe responsible for administering grant funds awarded under the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11101 et seq.). (4) State child welfare agency
“adoption promotion and support services” applies throughout its subpart
The term “adoption promotion and support services” means services and activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interests of children, including such activities as pre- and post-adoptive services and activities designed to expedite the adoption process and support adoptive families. (9) Non-Federal funds
“family preservation services” applies throughout its subpart
The term “family preservation services” means services for children, youth, and families designed to help families (including kinship and adoptive families) at risk or in crisis, including— (A) service programs designed to help children— (i) where safe and appropriate, return to families from which they have been removed; or (ii) be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be safe and appropriate for a child, in some other planned, permanent living arrangement; (B) preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely …
“family resource center” applies throughout its subpart
The term “family resource center” means a community or school-based hub of support services for families that— (i) utilizes an approach that is multi-generational, strengths-based, and family-centered; (ii) reflects, and is responsive to, community needs and interests; (iii) provides support at no or low cost for participants; and (iv) builds communities of peer support for families, including kinship families, to develop social connections that reduce isolation and stress.
“family reunification services” applies throughout its subpart
The term “family reunification services” means the services and activities described in subparagraph (B) that are provided to a child that is removed from the child’s home and placed with kinship caregivers or in a foster family home or a child care institution or a child who has been returned home and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion and to ensure the strength and stability of the reunification.
“family support services” applies throughout its subpart
The term “family support services” means community-based services, including services provided by family resource centers, designed to carry out the purposes described in subparagraph (B). (B) Purposes described The purposes described in this subparagraph are the following: (i) To promote the safety and well-being of children, youth, and families. (ii) To increase the strength and stability of families (including adoptive, foster, and kinship families). (iii) To support and retain foster families so they can provide quality family-based settings for children in foster care. (iv) To increase parents’ confidence and competence in their parenting abilities.
“Indian tribe” applies throughout its subpart
The term “Indian tribe” has the meaning given the term in section 628(d) of this title . (6) Tribal organization
“mentoring” applies throughout its subpart
The term “mentoring” means a structured, managed program in which children are appropriately matched with screened and trained adult volunteers for one on-one relationships, involving meetings and activities on a regular basis, intended to meet, in part, the child’s need for involvement with a caring and supportive adult who provides a positive role model. (b) Other terms For other definitions of other terms used in this subpart, see section 675 of this title .
“non-Federal funds” applies throughout its subpart
The term “non-Federal funds” means State funds, or at the option of a State, State and local funds. (10) Family resource center (A) In general
“State” applies throughout its subpart
The term “State” includes an Indian tribe or tribal organization, in addition to the meaning given such term for purposes of subpart 1. (5) Indian tribe
“State agency” applies throughout its subpart
The term “State agency” means the State agency responsible for administering the program under subpart 1. (4) State
“tribal organization” applies throughout its subpart
The term “tribal organization” has the meaning given the term in section 628(d) of this title . (7) Family reunification services (A) In general
“youth” applies throughout its subpart
The term “youth” means an individual who has not attained 26 years of age. (12) Mentoring
“supplemental nutrition assistance program benefits percentage” applies in that section
the term “supplemental nutrition assistance program benefits percentage” means, with respect to a State and a fiscal year, the average monthly number of children receiving supplemental nutrition assistance program benefits in the State for months in the 3 fiscal years referred to in subparagraph (B) of this paragraph, as determined from sample surveys made under section 2025(c) of title 7 , expressed as a percentage of the average monthly number of children receiving supplemental nutrition assistance program benefits in the States described in such paragraph (1) for months in such 3 fiscal years, as so determined.
“eligible entity” applies in that section
The term “eligible entity” means any of the following providing a service or program or, in the sole determination of the Secretary, able to provide a service or program if awarded a grant under this subsection: (i) A State, a political subdivision of a State, or an agency or department of a State or political subdivision of a State. (ii) An entity described in subparagraph (A) or (B) of section 626(a)(1) of this title . (iii) An Indian tribe or tribal organization. (B) External evaluator
“external evaluator” applies in that section
The term “external evaluator” means an entity with the ability and willingness to evaluate a service or program pursuant to paragraph (2) that is not provided by the entity. (C) Service or program
“service or program” applies in that section
The term “service or program”— (i) means a service or program described in section 671(e) of this title ; and (ii) includes a kinship navigator program described in section 674(a)(7) of this title .
“regional partnership” applies in that section
the term “regional partnership” means a collaborative agreement (which may be established on an interstate, State, or intrastate basis) entered into by the following: (A) Mandatory partners for all partnership grants (i) The State child welfare agency that is responsible for the administration of the State plan under this part and part E. (ii) The State agency responsible for administering the substance abuse prevention and treatment block grant provided under subpart II of part B of title XIX of the Public Health Service Act [ 42 U.S.C. 300x–21 et seq.].
“covered foster child” applies in that section
the term “covered foster child” means a child that— (1) is in foster care; and (2) has at least 1 parent incarcerated in a Federal, State, or local correctional facility.
“eligible State partnership” applies in that section
the term “eligible State partnership” means an agreement entered into by, at a minimum, the following: (A) The State child welfare agency responsible for the administration of the State plans under this part. (B) The State agency responsible for adult corrections. (2) Additional partners For purposes of this section, an eligible State partnership may include any entity with experience in serving incarcerated parents and their children.
“IV–D paternity establishment percentage” applies in that section
the term “IV–D paternity establishment percentage” means, with respect to a State for a fiscal year, the ratio (expressed as a percentage) that the total number of children— (i) who have been born out of wedlock, (ii) (I) except as provided in the last sentence of this paragraph, with respect to whom assistance is being provided under the State program funded under part A in the fiscal year or, at the option of the State, as of the end of such year, or (II) with respect to whom services are being provided under the State’s plan approved under this part in the fiscal year or, at the option of the State, as of the end of such year pursuant to an application submitted under section …
“reliable data” applies in that section
the term “reliable data” means the most recent data available which are found by the Secretary to be reliable for purposes of this section. For purposes of subparagraphs (A) and (B), the total number of children shall not include any child with respect to whom assistance is being provided under the State program funded under part A by reason of the death of a parent unless paternity is established for such child or any child with respect to whom an applicant or recipient is found by the State to qualify for a good cause or other exception to cooperation pursuant to section 654(29) of this title .
“statewide paternity establishment percentage” applies in that section
the term “statewide paternity establishment percentage” means, with respect to a State for a fiscal year, the ratio (expressed as a percentage) that the total number of minor children— (i) who have been born out of wedlock, and (ii) the paternity of whom has been established or acknowledged during the fiscal year, bears to the total number of children born out of wedlock during the preceding fiscal year; and;
“authorized person” applies in that section
the term “authorized person” means— (1) any agent or attorney of any State or Indian tribe or tribal organization (as defined in subsections (e) and ( l ) of section 5304 of title 25 ), having in effect a plan approved under this part, who has the duty or authority under such plans to seek to recover any amounts owed as child and spousal support (including, when authorized under the State plan, any official of a political subdivision); (2) the court which has authority to issue an order or to serve as the initiating court in an action to seek an order against a noncustodial parent for the support and maintenance of a child, or any agent of such court; (3) the resident parent, legal …
“support order” applies throughout its part
the term “support order” means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing State, or of the parent with whom the child is living, which provides for monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorneys’ fees, and other relief.
“business day” applies in that section
the term “business day” means a day on which State offices are open for regular business. (h) Other uses of new hire information (1) Location of child support obligors The agency administering the State plan approved under this part shall use information received pursuant to subsection (f)(2) to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations, and may disclose such information to any agent of the agency that is under contract with the agency to carry out such purposes.
“employee” applies in that section
The term “employee”— (i) means an individual who is an employee within the meaning of chapter 24 of the Internal Revenue Code of 1986; and (ii) does not include an employee of a Federal or State agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting pursuant to paragraph (1) with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission. (B) Employer (i) In general
“employer” applies in that section
The term “employer” has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and any labor organization. (ii) Labor organization The term “labor organization” shall have the meaning given such term in section 152(5) of title 29 , and includes any entity (also known as a “hiring hall”) which is used by the organization and an employer to carry out requirements described in section 158(f)(3) of title 29 of an agreement between the organization and the employer. (C) Newly hired employee
“newly hired employee” applies in that section
The term “newly hired employee” means an employee who— (i) has not previously been employed by the employer; or (ii) was previously employed by the employer but has been separated from such prior employment for at least 60 consecutive days.
“business day” applies in that section
the term “business day” means a day on which State offices are open for regular business. (h) Expedited administrative procedures The automated system required by this section shall be used, to the maximum extent feasible, to implement the expedited administrative procedures required by section 666(c) of this title .
“business day” applies in that section
the term “business day” means a day on which State offices are open for regular business.
“penalty amount” applies in that section
The term “penalty amount” means, with respect to a failure of a State to comply with a subparagraph of section 654(24) of this title — (I) 4 percent of the penalty base, in the case of the first fiscal year in which such a failure by the State occurs (regardless of whether a penalty is imposed under this paragraph with respect to the failure); (II) 8 percent of the penalty base, in the case of the second such fiscal year; (III) 16 percent of the penalty base, in the case of the third such fiscal year; (IV) 25 percent of the penalty base, in the case of the fourth such fiscal year; or (V) 30 percent of the penalty base, in the case of the fifth or any subsequent such fiscal year.;
“penalty base” applies in that section
The term “penalty base” means, with respect to a failure of a State to comply with a subparagraph of section 654(24) of this title during a fiscal year, the amount otherwise payable to the State under paragraph (1)(A) of this subsection for the preceding fiscal year.
“assistance from the State” applies in that section
The term “assistance from the State” means— (A) assistance under the State program funded under part A or under the State plan approved under part A of this subchapter (as in effect on the day before August 22, 1996 ); and (B) foster care maintenance payments under the State plan approved under part E of this subchapter. (2) Federal share
“current support amount” applies in that section
The term “current support amount” means, with respect to amounts collected as support on behalf of a family, the amount designated as the monthly support obligation of the noncustodial parent in the order requiring the support or calculated by the State based on the order.
“excepted portion” applies in that section
the term “excepted portion” means that portion of the amount collected on behalf of a family during a month that does not exceed $100 per month, or in the case of a family that includes 2 or more children, that does not exceed an amount established by the State that is not more than $200 per month. (b) Continuation of assignments (1) State option to discontinue pre-1997 support assignments (A) In general Any rights to support obligations assigned to a State as a condition of receiving assistance from the State under part A and in effect on September 30, 1997 (or such earlier date on or after August 22, 1996 , as the State may choose), may remain assigned after such date.
“Federal medical assistance percentage” applies in that section
The term “Federal medical assistance percentage” means— (A) 75 percent, in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa; or (B) the Federal medical assistance percentage (as defined in section 1396d(b) of this title , as such section was in effect on September 30, 1995 ) in the case of any other State. (4) State share
“Federal share” applies in that section
The term “Federal share” means that portion of the amount collected resulting from the application of the Federal medical assistance percentage in effect for the fiscal year in which the amount is distributed. (3) Federal medical assistance percentage
“State share” applies in that section
The term “State share” means 100 percent minus the Federal share. (5) Current support amount
“Consumer Price Index” applies in that section
the term “Consumer Price Index” means the last Consumer Price Index for all-urban consumers published by the Department of Labor. (3) State incentive payment share In paragraph (1),
“incentive base amount” applies in that section
the term “incentive base amount” means, with respect to a State and a fiscal year, the sum of the applicable percentages (determined in accordance with paragraph (6)) multiplied by the corresponding maximum incentive base amounts for the State for the fiscal year, with respect to each of the following measures of State performance for the fiscal year: (A) The paternity establishment performance level. (B) The support order performance level. (C) The current payment performance level. (D) The arrearage payment performance level. (E) The cost-effectiveness performance level.
“incentive payment pool” applies in that section
the term “incentive payment pool” means— (i) $422,000,000 for fiscal year 2000; (ii) $429,000,000 for fiscal year 2001; (iii) $450,000,000 for fiscal year 2002; (iv) $461,000,000 for fiscal year 2003; (v) $454,000,000 for fiscal year 2004; (vi) $446,000,000 for fiscal year 2005; (vii) $458,000,000 for fiscal year 2006; (viii) $471,000,000 for fiscal year 2007; (ix) $483,000,000 for fiscal year 2008; and (x) for any succeeding fiscal year, the amount of the incentive payment pool for the fiscal year that precedes such succeeding fiscal year, multiplied by the percentage (if any) by which the CPI for such preceding fiscal year exceeds the CPI for the second preceding fiscal year.
“State incentive payment share” applies in that section
the term “State incentive payment share” means, with respect to a fiscal year— (A) the incentive base amount for the State for the fiscal year; divided by (B) the sum of the incentive base amounts for all of the States for the fiscal year. (4) Incentive base amount In paragraph (3),
“legal process” applies in that section
The term “legal process” means any writ, order, summons, or other similar process in the nature of garnishment— (A) which is issued by— (i) a court or an administrative agency of competent jurisdiction in any State, territory, or possession of the United States; (ii) a court or an administrative agency of competent jurisdiction in any foreign country with which the United States has entered into an agreement which requires the United States to honor the process; or (iii) an authorized official pursuant to an order of such a court or an administrative agency of competent jurisdiction or pursuant to State or local law; and (B) which is directed to, and the purpose of which is to compel, a …
“private person” applies in that section
The term “private person” means a person who does not have sovereign or other special immunity or privilege which causes the person not to be subject to legal process. (5) Legal process
“United States” applies in that section
The term “United States” includes any department, agency, or instrumentality of the legislative, judicial, or executive branch of the Federal Government, the United States Postal Service, the Postal Regulatory Commission, any Federal corporation created by an Act of Congress that is wholly owned by the Federal Government, and the governments of the territories and possessions of the United States.
“2007 Family Maintenance Convention” applies throughout its part
The term “2007 Family Maintenance Convention” means the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance.
“foreign reciprocating country” applies throughout its part
The term “foreign reciprocating country” means a foreign country (or political subdivision thereof) with respect to which the Secretary has made a declaration pursuant to subsection (a). (2) Foreign treaty country
“foreign treaty country” applies throughout its part
The term “foreign treaty country” means a foreign country for which the 2007 Family Maintenance Convention is in force. (3) 2007 Family Maintenance Convention
“authorized person” applies in that section
the term “authorized person” means— (A) any agent or attorney of any State having an agreement under this section, who has the duty or authority under the law of such State to enforce a child custody or visitation determination; (B) any court having jurisdiction to make or enforce such a child custody or visitation determination, or any agent of such court; and (C) any agent or attorney of the United States, or of a State having an agreement under this section, who has the duty or authority to investigate, enforce, or bring a prosecution with respect to the unlawful taking or restraint of a child.
“custody or visitation determination” applies in that section
the term “custody or visitation determination” means a judgment, decree, or other order of a court providing for the custody or visitation of a child, and includes permanent and temporary orders, and initial orders and modification;
“past-due support” applies throughout its part
the term “past-due support” means the amount of a delinquency, determined under a court order, or an order of an administrative process established under State law, for support and maintenance of a child (whether or not a minor), or of a child (whether or not a minor) and the parent with whom the child is living.
“account” applies in that section
The term “account” means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account. (18) Enforcement of orders against paternal or maternal grandparents .— Procedures under which, at the State’s option, any child support order enforced under this part with respect to a child of minor parents, if the custodial parent of such child is receiving assistance under the State program under part A, shall be enforceable, jointly and severally, against the parents of the noncustodial parent of such child.
“business day” applies in that section
the term “business day” means a day on which State offices are open for regular business. (B) Methods must be established by the State to simplify the withholding process for employers to the greatest extent possible, including permitting any employer to combine all withheld amounts into a single payment to each appropriate agency or entity (with the portion thereof which is attributable to each individual employee being separately designated).
“financial institution” applies in that section
The term “financial institution” has the meaning given to such term by section 669A(d)(1) of this title . (ii) Account .—
“income” applies in that section
the term “income” means any periodic form of payment due to an individual, regardless of source, including wages, salaries, commissions, bonuses, worker’s compensation, disability, payments pursuant to a pension or retirement program, and interest.
“overdue support” applies in that section
the term “overdue support” means the amount of a delinquency pursuant to an obligation determined under a court order, or an order of an administrative process established under State law, for support and maintenance of a minor child which is owed to or on behalf of such child, or for support and maintenance of the noncustodial parent’s spouse (or former spouse) with whom the child is living if and to the extent that spousal support (with respect to such spouse or former spouse) would be included for purposes of section 654(4) of this title .
“financial institution” applies in that section
The term “financial institution” means— (A) a depository institution, as defined in section 1813(c) of title 12 ; (B) an institution-affiliated party, as defined in section 1813(u) of title 12 ; (C) any Federal credit union or State credit union, as defined in section 1752 of title 12 , including an institution-affiliated party of such a credit union, as defined in section 1786(r) of title 12 ; and (D) any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State. (2) Financial record
“financial record” applies in that section
The term “financial record” has the meaning given such term in section 3401 of title 12 .
“elementary or secondary school student” applies in that section
the term “elementary or secondary school student” means, with respect to a child, that the child is— (A) enrolled (or in the process of enrolling) in an institution which provides elementary or secondary education, as determined under the law of the State or other jurisdiction in which the institution is located; (B) instructed in elementary or secondary education at home in accordance with a home school law of the State or other jurisdiction in which the home is located; (C) in an independent study elementary or secondary education program in accordance with the law of the State or other jurisdiction in which the program is located, which is administered by the local school or school …
“State expenditures” applies in that section
The term “State expenditures” means all State or local funds that are expended by the State or a local agency including State or local funds that are matched or reimbursed by the Federal Government and State or local funds that are not matched or reimbursed by the Federal Government. (D) Determination of prevention services and activities The Secretary shall require each State that elects to provide services and programs specified in paragraph (1) to report the expenditures specified in subparagraph (B) for fiscal year 2014 and for such fiscal years thereafter as are necessary to determine whether the State is complying with the maintenance of effort requirement in subparagraph (A).
“State foster care prevention expenditures” applies in that section
The term “State foster care prevention expenditures” means the following: (i) TANF; IV–B; SSBG State expenditures for foster care prevention services and activities under the State program funded under part A (including from amounts made available by the Federal Government), under the State plan developed under part B (including any such amounts), or under the Social Services Block Grant Programs under division A of subchapter XX (including any such amounts).
“child-care institution” applies throughout its part
The term “child-care institution” means a private child-care institution, or a public child-care institution which accommodates no more than 25 children, which is licensed by the State in which it is situated or has been approved by the agency of the State responsible for licensing or approval of institutions of this type as meeting the standards established for the licensing. (B) Supervised settings In the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations.