42 USC § 6862 - Definitions
As used in this part:
(4)
The term “Governor” means the chief executive officer of a State (including the Mayor of the District of Columbia).
(5)
The term “handicapped person” means any individual
(B)
who is under a disability as defined in section 1614(a)(3)(A) or 223(d)(1) of the Social Security Act [42 U.S.C. 1382c
(a)(3)(A), 423
(d)(1)] or in section 102(7)
[1]
of the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6001
(7)], or
(6)
The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings prescribed for such terms by section
3002 of this title.
(7)
The term “low-income” means that income in relation to family size which
(A)
is at or below 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may establish a higher level if the Secretary, after consulting with the Secretary of Agriculture and the Director of the Community Services Administration, determines that such a higher level is necessary to carry out the purposes of this part and is consistent with the eligibility criteria established for the weatherization program under section
2809
(a)(12) of this title,
(B)
is the basis on which cash assistance payments have been paid during the preceding 12-month period under titles IV and XVI of the Social Security Act [42 U.S.C. 601 et seq., 1381 et seq.] or applicable State or local law, or
(C)
if a State elects, is the basis for eligibility for assistance under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621), provided that such basis is at least 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget.
(9)
The term “weatherization materials” means—
(F)
storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective window and door materials;
[1] See References in Text note below.
As used in this part:
(4)
The term “Governor” means the chief executive officer of a State (including the Mayor of the District of Columbia).
(5)
The term “handicapped person” means any individual
(B)
who is under a disability as defined in section 1614(a)(3)(A) or 233(d)(1) of the Social Security Act [42 U.S.C. 1382c
(a)(3)(A), 423
(d)(1)] or in section 102(7)
[1]
of the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6001
(7)], or
(6)
The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings prescribed for such terms by section
3002 of this title.
(7)
The term “low-income” means that income in relation to family size which
(A)
is at or below 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may establish a higher level if the Secretary, after consulting with the Secretary of Agriculture and the Director of the Community Services Administration, determines that such a higher level is necessary to carry out the purposes of this part and is consistent with the eligibility criteria established for the weatherization program under section
2809
(a)(12) of this title,
(B)
is the basis on which cash assistance payments have been paid during the preceding 12-month period under titles IV and XVI of the Social Security Act [42 U.S.C. 601 et seq., 1381 et seq.] or applicable State or local law, or
(C)
if a State elects, is the basis for eligibility for assistance under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621), provided that such basis is at least 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget.
(9)
The term “weatherization materials” means—
(F)
storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective window and door materials;
[1] See References in Text note below.
Source
(Pub. L. 94–385, title IV, § 412,Aug. 14, 1976, 90 Stat. 1152; Pub. L. 95–602, title I, § 122(e),Nov. 6, 1978, 92 Stat. 2987; Pub. L. 95–619, title II, § 231(a)(1), (b)(2),Nov. 9, 1978, 92 Stat. 3224, 3225; Pub. L. 96–294, title V, § 577(1), (2),June 30, 1980, 94 Stat. 760; Pub. L. 98–558, title IV, §§ 401,
402,Oct. 30, 1984, 98 Stat. 2887; Pub. L. 100–242, title V, § 570(d),Feb. 5, 1988, 101 Stat. 1950; Pub. L. 101–440, § 7(a),Oct. 18, 1990, 104 Stat. 1012; Pub. L. 102–486, title I, § 142(b),Oct. 24, 1992, 106 Stat. 2843; Pub. L. 105–220, title IV, § 414(f),Aug. 7, 1998, 112 Stat. 1242; Pub. L. 109–58, title I, § 122(b),Aug. 8, 2005, 119 Stat. 616; Pub. L. 109–365, title IX, § 901(b),Oct. 17, 2006, 120 Stat. 2599; Pub. L. 110–140, title IV, § 411(c),Dec. 19, 2007, 121 Stat. 1601; Pub. L. 111–5, div. A, title IV, § 407(a),Feb. 17, 2009, 123 Stat. 145.)
References in Text
Section 102(7) of the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6001
(7)], referred to in par. (5), was repealed by Pub. L. 106–402, title IV, § 401(a),Oct. 30, 2000, 114 Stat. 1737.
Section
2809
(a)(12) of this title, referred to in par. (7), which was redesignated as section
2809
(a)(5) by Pub. L. 95–568, § 5(a)(2)(E),Nov. 2, 1978, 92 Stat. 2426, was subsequently repealed by Pub. L. 97–35, title VI, § 683(a),Aug. 13, 1981, 95 Stat. 519.
The Social Security Act, referred to in par. (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles IV and XVI of the Social Security Act are classified generally to subchapters IV (§ 601 et seq.) and XVI (§ 1381 et seq.) of chapter
7 of this title. For complete classification of this Act to the Code, see section
1305 of this title and Tables.
The Low-Income Home Energy Assistance Act of 1981, referred to in par. (7), is title XXVI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 893, which is classified generally to subchapter II (§ 8621 et seq.) of chapter
94 of this title. For complete classification of this Act to the Code, see Short Title note set out under section
8621 of this title and Tables.
Amendments
2009—Par. (7). Pub. L. 111–5substituted “200 percent” for “150 percent” in two places.
2007—Par. (8). Pub. L. 110–140added par. (8) and struck out former par. (8) which read as follows: “The term ‘State’ means each of the States and the District of Columbia.”
2006—Par. (6). Pub. L. 109–365struck out “paragraphs (4), (5), and (6), respectively, of” before “section
3002 of this title”.
2005—Par. (7). Pub. L. 109–58substituted “150 percent” for “125 percent” in two places.
1998—Par. (5)(A). Pub. L. 105–220substituted “an individual with a disability, as defined in section
705 of title
29” for “a handicapped individual as defined in section 7(7) of the Rehabilitation Act of 1973”.
1992—Par. (9)(G) to (J). Pub. L. 102–486realigned margin of subpar. (G), added subpars. (H) and (I), and redesignated former subpar. (H) as (J).
1990—Par. (9)(G), (H). Pub. L. 101–440added subpar. (G) and redesignated former subpar. (G) as (H).
1988—Par. (9)(G). Pub. L. 100–242substituted a single comma for two consecutive commas after “determine”.
1984—Par. (7)(C). Pub. L. 98–558, § 401, added cl. (C).
Par. (9)(B). Pub. L. 98–558, § 402(1), in amending subpar. (B) generally, substituted “, including, but not limited to” for “limited to” in provisions preceding cl. (i), “, furnaces, or boilers or any combination thereof” for “designed to substantially increase the energy efficiency of the heating system,” in cl. (i), and “minimizing energy loss through heating system, chimney, or venting devices” for “modifying flue openings which will increase the energy efficiency of the heating system,” in cl. (ii).
Par. (9)(C). Pub. L. 98–558, § 402(2), struck out “by rule” after “may determine,”.
1980—Par. (1). Pub. L. 96–294, § 577(1), substituted provisions defining “Secretary” for provisions defining “Administrator”.
Pars. (7), (9)(G). Pub. L. 96–294, § 577(2), substituted “Secretary” for “Administrator” wherever appearing.
1978—Par. (5). Pub. L. 95–602substituted “section 7(7) of the Rehabilitation Act of 1973” for “section 7(6) of the Rehabilitation Act of 1973”.
Par. (7)(A). Pub. L. 95–619, § 231(a)(1), inserted “125 percent of” after “at or below” and inserted provision authorizing the Administrator to establish a higher level for low-income computations after determining such higher level to be necessary to carry out the purposes of this part.
Par. (9). Pub. L. 95–619, § 231(b)(2), substituted a specific listing of items to be considered weatherization materials for purposes of this part for a general statement of the sort of materials that could be considered as such.
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140effective on the date that is 1 day after Dec. 19, 2007, see section 1601 ofPub. L. 110–140, set out as an Effective Date note under section
1824 of Title
2, The Congress.
Community Services Administration
Community Services Administration, which was established by section 601 of Economic Opportunity Act of 1964, as amended (42 U.S.C. 2941), terminated when Economic Opportunity Act of 1964, Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508, as amended, was repealed, except for titles VIII and X, effective Oct. 1, 1981, by section 683(a) ofPub. L. 97–35, title VI, Aug. 13, 1981, 95 Stat. 519, which is classified to 42 U.S.C. 9912
(a). An Office of Community Services, headed by a Director, was established in Department of Health and Human Services by section 676 ofPub. L. 97–35, which is classified to 42 U.S.C. 9905.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
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