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20 U.S.C. § 6084 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6084 — Definitions

As used in this part: (1) **Children** — The term “children” means individuals who have not attained the age of 18. (2) **Children’s services** — The term “children’s services” means the provision on a routine or regular basis of health, day care, education, or library services— (A) that are funded, after March 31, 1994, directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs— (i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq.]); or (ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in 7 CFR 246.2) under section 17(b)(6) of the Child Nutrition Act of 1966 ([42 U.S.C. 1786(b)(6)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1786/b/6&num=0&edition=prelim)), or (B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, as determined by the appropriate Secretary in any enforcement action under this subchapter, except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons are redeemed under the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.]. (3) **Person** — The term “person” means any State or local subdivision thereof, agency of such State or subdivision, corporation, or partnership that owns or op

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Stable record: federal_law:legal_authorities:record_usc_2e9ec2345a84eb1bb9c237f4
Source file: Laws/federal/codes/united-states-code/title-20/section-6084-definitions--6b7708b92c.md
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Source location: Title 20, Chapter 68, § 6084; chapter-068-national-education-reform.md

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As used in this part: (1) **Children** — The term “children” means individuals who have not attained the age of 18. (2) **Children’s services** — The term “children’s services” means the provision on a routine or regular basis of health, day care, education, or library services— (A) that are funded, after March 31, 1994, directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs— (i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq.]); or (ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in 7 CFR 246.2) under section 17(b)(6) of the Child Nutrition Act of 1966 ([42 U.S.C. 1786(b)(6)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1786/b/6&num=0&edition=prelim)), or (B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, as determined by the appropriate Secretary in any enforcement action under this subchapter, except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons are redeemed under the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.]. (3) **Person** — The term “person” means any State or local subdivision thereof, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise controls and provides children’s services or any individual who owns or operates or otherwise controls and provides such services. (4) **Indoor facility** — The term “indoor facility” means a building that is enclosed. (5) **Secretary** — The term “Secretary” means the Secretary of Health and Human Services.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11903a — Repealed. Pub. L. 105–276, title V, § 582(a)(13), Oct. 21, 1998, 112 Stat. 2644

### Statutory Notes Section, Pub. L. 101–625, title V, § 520, Nov. 28, 1990, 104 Stat. 4202; Pub. L. 102–389, title II, Oct. 6, 1992, 106 Stat. 1587; Pub. L. 102–550, title I, § 126(b), Oct. 28, 1992, 106 Stat. 3710; Pub. L. 103–227, title X, §§ 1052, 1053, Mar. 31, 1994, 108 Stat. 274, 280; Pub. L. 104–330, title V, § 501(d)(2), Oct. 26, 1996, 110 Stat. 4043, authorized grants for public and assisted housing youth sports programs. #### Effective Date of Repeal Repeal effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement repeal before such date, and with savings provision, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under [section 1437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 2701 — Omitted

### Statutory Notes #### Codification Section, Pub. L. 89–10, title I, § 1491, as added Pub. L. 100–297, title I, § 1001, Apr. 28, 1988, 102 Stat. 202, which contained transition provisions, was omitted in the general amendment of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3519. Prior sections 2901 to 2904 were repealed by Pub. L. 97–35, title V, § 587(a)(1), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. Section 2901, Pub. L. 89–10, title II, § 221, as added Pub. L. 95–561, title II, § 201, Nov. 1, 1978, 92 Stat. 2204, set out statement of purpose for basic skills improvement program. Section 2902, Pub. L. 89–10, title II, § 222, as added Pub. L. 95–561, title II, § 201, Nov. 1, 1978, 92 Stat. 2205; amended Pub. L. 96–46, § 1(12), Aug. 6, 1979, 93 Stat. 339, related to agreements with State educational agencies. Section 2903, Pub. L. 89–10, title II, § 223, as added Pub. L. 95–561, title II, § 201, Nov. 1, 1978, 92 Stat. 2207, related to distribution of grants by the Secretary. Section 2904, Pub. L. 89–10, title II, § 224, as added Pub. L. 95–561, title II, § 201, Nov. 1, 1978, 92 Stat. 2207, provided for a State leadership program.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11901 — Congressional findings

The Congress finds that— (1) the Federal Government has a duty to provide public and other federally assisted low-income housing that is decent, safe, and free from illegal drugs; (2) public and other federally assisted low-income housing in many areas suffers from rampant drug-related or violent crime; (3) drug dealers are increasingly imposing a reign of terror on public and other federally assisted low-income housing tenants; (4) the increase in drug-related and violent crime not only leads to murders, muggings, and other forms of violence against tenants, but also to a deterioration of the physical environment that requires substantial government expenditures; (5) local law enforcement authorities often lack the resources to deal with the drug problem in public and other federally assisted low-income housing, particularly in light of the recent reductions in Federal aid to cities; (6) the Federal Government should provide support for effective safety and security measures to combat drug-related and violent crime, primarily in and around public housing proj­ects with severe crime problems; (7) closer cooperation should be encouraged between public and assisted housing managers, local law enforcement agencies, and residents in developing and implementing anti-crime programs; and (8) anti-crime strategies should be improved through the expansion of community-oriented policing initiatives.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3351 — Omitted

### Statutory Notes #### Codification Section, Pub. L. 89–10, title VIII, § 8001, as added Pub. L. 103–227, title X, § 1032(3), Mar. 31, 1994, 108 Stat. 270, which related to gun-free school requirements, was omitted in the general amendment of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3519. Prior sections 3351 to 3354 and 3361 to 3367 were repealed by Pub. L. 97–35, title V, § 587(a)(1), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. Section 3351, Pub. L. 89–10, title IX, § 941, as added Pub. L. 95–561, title VIII, § 802, Nov. 1, 1978, 92 Stat. 2301, set out purpose of program of special grants for safe schools. Section 3352, Pub. L. 89–10, title IX, § 942, as added Pub. L. 95–561, title VIII, § 802, Nov. 1, 1978, 92 Stat. 2301, authorized appropriations. Section 3353, Pub. L. 89–10, title IX, § 943, as added Pub. L. 95–561, title VIII, § 802, Nov. 1, 1978, 92 Stat. 2301; amended Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to allotments to local educational agencies. Section 3354, Pub. L. 89–10, title IX, § 944, as added Pub. L. 95–561, title VIII, § 802, Nov. 1, 1978, 92 Stat. 2302; amended Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692, related to submission of applications by local educational agencies in order to receive grants. Section 3361, Pub. L. 89–10, title IX, § 951, as added Pub. L. 95–561, title VIII, § 802, Nov. 1, 1978, 92 Stat. 2303, set out statement of policy for ethnic heritage program. Section 3362, Pub. L. 89–10, title IX, § 952, as added Pub. L. 95–561, title VIII, § 802, Nov. 1, 1978, 92 Stat. 2303; amended Pub. L. 96–88, title III, § 301(a)(1), title V, § 507,

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Conditions of participation for home health agencies; home health quality

**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows: (1) The agency protects and promotes the rights of each individual under its care, including each of the following rights: (A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment. (B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances. (C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title. (D) The right to have one’s property treated with respect. (E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of— (i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter, (ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware, (iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1771 — Congressional declaration of purpose

In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation’s children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6084 — Preemption

Page 1314 TITLE 20—EDUCATION § 6084 owes to the person against whom the penalty is assessed. (5) Petition for review Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary under this section may file a petition for judi- cial review thereof with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. Such per- son shall provide a copy thereof to the Sec- retary or the Secretary’s designee. The peti- tion shall be filed within 30 days after the Sec- retary’s assessment or order, or both, are final and have been provided to such person by cer- tified mail. The Secretary shall promptly pro- vide to the court a certified copy of the tran- script of any hearing held under this section and a copy of the notice or order. (6) Failure to comply If a person fails to pay an assessment of a civil penalty or comply with an order, after ei- ther or both are final under this section, or after a court under paragraph (5) has entered a final judgment in favor of the Secretary, the Attorney General, at the request of the Sec- retary, shall recover the amount of the civil penalty (plus interest at then currently pre- vailing rates from the day either or both are final) or enforce the order in an action brought in the appropriate district court of the United States. In such action, the validity and appropriateness of the penalty or order or the amount of the penalty shall not be subject to review. (Pub. L. 103–227, title X, § 1043, Mar. 31, 1994, 108 Stat. 272.) § 6084. Preemption Nothing in this part is intended to preempt any provision of law of a State or political sub- division of a State that is more restrictive than a provision of

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Prohibition against any Federal inter-

Page 2893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395a (i) shared savings and competitive bidding in FFS Medicare; (ii) use of MA-negotiated rates to set FFS Medicare rates; and (iii) novel approaches to information development and sharing that may enable markets to lower cost and improve quality for FFS Medicare beneficiaries. SEC. 10. Reducing Obstacles to Improved Patient Care. Within 1 year of the date of this order, the Secretary shall propose regulatory changes to the Medicare pro- gram to reduce the burden on providers and eliminate regulations that create inefficiencies or otherwise un- dermine patient outcomes. SEC. 11. Maximizing Freedom for Medicare Patients and Providers. (a) Within 180 days of the date of this order, the Secretary, in coordination with the Commissioner of Social Security, shall revise current rules or policies to preserve the Social Security retirement insurance benefits of seniors who choose not to receive benefits under Medicare Part A, and propose other administra- tive improvements to Medicare enrollment processes for beneficiaries. (b) Within 1 year of the date of this order, the Sec- retary shall identify and remove unnecessary barriers to private contracts that allow Medicare beneficiaries to obtain the care of their choice and facilitate the de- velopment of market-driven prices. SEC. 12. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1771 — Congressional declaration of purpose

Page 5002 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1771 (3) improve the timeliness and completeness of direct communication between the Food and Nutrition Service and States about holds and recalls, such as through the commodity alert system of the Food and Nutrition Serv- ice; and (4) establish a timeframe to improve the commodity hold and recall procedures of the Department of Agriculture to address the role of processors and determine the involvement of distributors with processed products that may contain recalled ingredients, to facilitate the provision of more timely and complete in- formation to schools. (b) Food Safety and Inspection Service Not later than 1 year after December 13, 2010, the Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall revise the procedures of the Food Safety and In- spection Service to ensure that schools are in- cluded in effectiveness checks. (June 4, 1946, ch. 281, § 29, as added Pub. L. 111–296, title III, § 308, Dec. 13, 2010, 124 Stat. 3246.) Editorial Notes REFERENCES IN TEXT The Child Nutrition Act of 1966, referred to in subsec. (a)(1), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2010, except as otherwise spe- cifically provided, see section 445 of Pub. L. 111–296, set out as an Effective Date of 2010 Amendment note under section 1751 of this title. CHAPTER 13A—CHILD NUTRITION Sec. 1771. Congressional declaration of purpose. 1772. Special program to encourage the consum

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