eligible individual
Defined in 46 places across 14 titles of the United States Code.
For purposes of this section, the term "eligible individual" means any individual other than—
Same definition in 2 sections
- 2001–202226 U.S.C. § 6428Internal Revenue Code · Acceleration of 10 percent income tax rate bracket benefit for 2001 · for purposes of this section
- 2020–202626 U.S.C. § 6428AInternal Revenue Code · Additional 2020 recovery rebates for individuals · for purposes of this section
For purposes of this section, the term “eligible individual” means any individual other than—
(1) any nonresident alien individual,
(2) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and
(3) an estate or trust.
Same definition in 2 sections
- 2022–present26 U.S.C. § 6428Internal Revenue Code · Acceleration of 10 percent income tax rate bracket benefit for 2001 · for purposes of this section
- 2026–present26 U.S.C. § 6428AInternal Revenue Code · Additional 2020 recovery rebates for individuals · for purposes of this section
The term "eligible individual" means any individual if such individual has attained the age of 18 as of the close of the taxable year.
Same definition in 2 sections
- 2001–present26 U.S.C. § 25BInternal Revenue Code · Elective deferrals and IRA contributions by certain individuals · for purposes of this section
- 2022–present26 U.S.C. § 6433Internal Revenue Code · Saver’s Match · for purposes of this section
The term “eligible individual” refers to an individual described in paragraph (1), (2), or (8), without regard to whether the individual is enrolled in a health benefits plan under chapter 89.
Same definition in 2 sections
- 2017–present5 U.S.C. § 8951Government Organization and Employees · Definitions · in this chapter
- 2017–present5 U.S.C. § 8981Government Organization and Employees · Definitions · in this chapter
The term “eligible individual” refers to an individual described in paragraph (1) or (2), without regard to whether the individual is enrolled in a health benefits plan under chapter 89.
Same definition in 2 sections
- 2004–20175 U.S.C. § 8951Government Organization and Employees · Definitions · in this chapter
- 2004–20175 U.S.C. § 8981Government Organization and Employees · Definitions · in this chapter
Eligible Individual Defined.—In this section, the term "eligible individual" means an individual—
(1) whom the Secretary of the Air Force determines served in support of space operations as a member of the Air Force; and
(2) who separates (or previously separated) from the armed forces as a member of the Air Force.
Source
- 2024–202610 U.S.C. § 9254Armed Forces · Authority to designate certain separated members of the Air Force as honorary separated members of the Space Force · in this section
“Eligible individual” means any individual who is charged with an offense against the United States, but does not include—
(1) an individual charged with a crime of violence.
(2) an individual charged with unlawfully importing, selling, or conspiring to import or sell, a narcotic drug.
(3) an individual against whom there is pending a prior charge of a felony which has not been finally determined or who is on probation or whose sentence following conviction on such a charge, including any time on parole, supervised release, or mandatory release, has not been fully served: Provided, That an individual on probation, parole, supervised release, or mandatory release shall be included if the authority authorized to require his return to custody consents to his commitment.
(4) an individual who has been convicted of a felony on two or more occasions.
(5) an individual who has been civilly committed under this Act, under the District of Columbia Code, or any State proceeding because of narcotic addiction on three or more occasions.
Source
- 1995–present28 U.S.C. § 2901Judiciary and Judicial Procedure · 2901 to 2906. Repealed. Pub. L. 106310, div. B, title XXXIV, 3405(c)(1), Oct. 17, 2000, 114 Stat. 1221] · as used in this chapter
Eligible individual.—The term “eligible individual” refers to an individual described in paragraph (1), (2), (3), (4), or (5).
Source
- 2000–present5 U.S.C. § 9001Government Organization and Employees · Definitions · for purposes of this chapter
Except as provided in clause (ii), for purposes of this paragraph, the term “eligible individual” means any individual who, after any regulations under subparagraph (A) first take effect, is appointed, transferred, or reappointed to a position in which that individual becomes eligible to contribute to the Thrift Savings Fund.
Source
- 2013–present5 U.S.C. § 8432Government Organization and Employees · Contributions · in this section
For purposes of this section, the term “eligible individual” means an individual—
(A) who has a social security account number,
(B) who has attained age 25 or over, and
(C)
(i) who has wages or net earnings from self-employment, or (ii) with respect to whom the Commissioner has information that the pattern of wages or self-employment income indicate a likelihood of noncovered employment.
Source
- 2013–202442 U.S.C. § 1320BThe Public Health and Welfare · Social security account statements · for purposes of this section
For purposes of this section, the term "eligible individual" means an individual—
(A) who has a social security account number,
(B) who has attained age 25 or over, and
(C) (i) who has wages or net earnings from self-employment, or (ii) with respect to whom the Commissioner has information that the pattern of wages or self-employment income indicate a likelihood of noncovered employment.
The Commissioner shall, to the maximum extent practicable, take such steps as are necessary to assure that eligible individuals are informed of the availability of the statement described in subsection (a).
Source
- 2016–present42 U.S.C. § 1320BThe Public Health and Welfare · Social security account statements · for purposes of this section
For purposes of this section, the term "eligible individual" means an individual—
(A) who has a social security account number,
(B) who has attained age 25 or over, and
(C) (i) who has wages or net earnings from self-employment, or (ii) with respect to whom the Commissioner has information that the pattern of wages or self-employment income indicate a likelihood of noncovered employment.
The Commissioner shall, to the maximum extent practicable, take such steps as are necessary to assure that eligible individuals are informed of the availability of the statement described in subsection (a) of this section.
Source
- 2006–201442 U.S.C. § 1320BThe Public Health and Welfare · Social security account statements · for purposes of this section
For purposes of this section, the term “eligible individual” means an individual who—
Source
- 2010–202642 U.S.C. § 297oThe Public Health and Welfare · Eligible individual student loan repayment · for purposes of this section
For purposes of this section, the term “eligible individual” means an individual who—
(1) is a United States citizen, national, or lawful permanent resident;
(2) holds an unencumbered license as a registered nurse; and
(3) has either already completed a master’s or doctorate nursing program at an accredited school of nursing or is currently enrolled on a full-time or part-time basis in such a program.
Source
- 2026–present42 U.S.C. § 297oThe Public Health and Welfare · Eligible individual student loan repayment · for purposes of this section
For purposes of this section, the term “eligible individual” means an individual who—
(A) has a social security account number,
(B) has attained age 25 or over, and
(C) has wages or net earnings from self-employment.
The Commissioner shall, to the maximum extent practicable, take such steps as are necessary to assure that eligible individuals are informed of the availability of the statement described in subsection (a) of this section.
Source
- 2004–200642 U.S.C. § 1320BThe Public Health and Welfare · Social security account statements · for purposes of this section
For purposes of this section, the term “eligible individual” means an individual who—
(A) has a social security account number,
(B) has attained age 25 or over, and
(C) has wages or net earnings from self-employment.
The Secretary shall, to the maximum extent practicable, take such steps as are necessary to assure that eligible individuals are informed of the availability of the statement described in subsection (a) of this section.
Source
- 1994–200442 U.S.C. § 1320BThe Public Health and Welfare · Social security account statements · for purposes of this section
For purposes of this section, the term “eligible individual” means any individual other than—
(1) any estate or trust,
(2) any nonresident alien individual, and
(3) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins.
(1) In general
The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (e). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1).
(2) Joint returns
In the case of a refund or credit made or allowed under subsection (e) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return.
(1) In general
Each individual who was an eligible individual for such individual's first taxable year beginning in 2000 shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the advance refund amount for such taxable year.
(2) Advance refund amount
For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if—
(A) this section (other than subsections (b) and (d) and this subsection) had applied to such taxable year, and
(B) the credit for such taxable year were not allowed to exceed the excess (if any) of—
(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
(ii) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits).
(3) Timing of payments
In the case of any overpayment attributable to this subsection, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and, to the extent practicable, before October 1, 2001. No refund or credit shall be made or allowed under this subsection after December 31, 2001.
(4) No interest
No interest shall be allowed on any overpayment attributable to this subsection.
Source
- 2002–200826 U.S.C. § 6428Internal Revenue Code · Acceleration of 10 percent income tax rate bracket benefit for 2001 · for purposes of this section
For purposes of this section, the term “eligible individual” means any individual other than—
(1) any nonresident alien individual,
(2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and
(3) an estate or trust.
Source
- 2026–present26 U.S.C. § 6428BInternal Revenue Code · 2021 recovery rebates to individuals · for purposes of this section
For purposes of this section, the term "eligible individual" means any individual other than—
(1) any nonresident alien individual,
(2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and
(3) an estate or trust.
(1) In general
The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (f)) shall be reduced (but not below zero) by the amount which bears the same ratio to such credit (as so determined) as—
(A) the excess of—
(i) the taxpayer's adjusted gross income for such taxable year, over
(ii) $75,000, bears to
(B) $5,000.
(2) Special rules
(A) Joint return or surviving spouse
In the case of a joint return or a surviving spouse (as defined in section 2(a)), paragraph (1) shall be applied by substituting "$150,000" for "$75,000" and "$10,000" for "$5,000".
(B) Head of household
In the case of a head of household (as defined in section 2(b)), paragraph (1) shall be applied by substituting "$112,500" for "$75,000" and "$7,500" for "$5,000".
(1) Dependent defined
Source
- 2021–202626 U.S.C. § 6428BInternal Revenue Code · 2021 recovery rebates to individuals · for purposes of this section
For purposes of this subsection and subsection (g) of this section, the term “eligible individual” means—
(A) an eligible TAA recipient (as defined in section 35(c)(2) of title 26),
(B) an eligible alternative TAA recipient (as defined in section 35(c)(3) of title 26), and
(C) an eligible PBGC pension recipient (as defined in section 35(c)(4) of title 26),
Source
- 201329 U.S.C. § 2918Labor · National emergency grants · under this chapter
For purposes of this subsection and subsection (g) of this section, the term "eligible individual" means—
(A) an eligible TAA recipient (as defined in section 35(c)(2) of title 26),
(B) an eligible alternative TAA recipient (as defined in section 35(c)(3) of title 26), and
(C) an eligible PBGC pension recipient (as defined in section 35(c)(4) of title 26),
who, as of the first day of the month, does not have other specified coverage and is not imprisoned under Federal, State, or local authority.
Source
- 2002–present29 U.S.C. § 2918Labor · National emergency grants · under this chapter
For purposes of this subsection, the term "eligible individual" includes an individual who is a member of a group of workers certified after April 1, 2002, under chapter 2 of title II of the Trade Act of 1974 [19 U.S.C. 2271 et seq.] (as in effect on the day before the effective date of the Trade Act of 2002) and is participating in the trade adjustment allowance program under such chapter (as so in effect) or who would be determined to be participating in such program under such chapter (as so in effect) if such chapter were applied without regard to section 231(a)(3)(B) of the Trade Act of 1974 [19 U.S.C. 2291(a)(3)(B)] (as so in effect).
Source
- 2002–present29 U.S.C. § 2918Labor · National emergency grants · under this chapter
For purposes of this subsection, the term “eligible individual” means an individual who—
(i)
(I) is board certified or board eligible in internal medicine, family practice, psychiatry, or licensed dentistry, or has completed required training in a discipline and is employed in an accredited health professions school or graduate program that is approved by the Secretary; or
(II) has completed an approved fellowship program in geriatrics, or has completed specialty training in geriatrics as required by the discipline and any additional geriatrics training as required by the Secretary; and
(ii) has a junior, nontenured, faculty appointment at an accredited health professions school or graduate program in geriatrics or a geriatrics health profession.
Source
- 2020–present42 U.S.C. § 294CThe Public Health and Welfare · Education and training relating to geriatrics · under this section
For purposes of this subsection, the term “eligible individual” means any individual if, on August 1, 1986, the present value of such individual's interests in qualified employer plans and individual retirement plans exceeded $562,500.
Source
- 1994–present26 U.S.C. § 4980AInternal Revenue Code · Repealed. Pub. L. 10534, title X, 1073(a), Aug. 5, 1997, 111 Stat. 948] · for purposes of this section
(i) Except as provided in clause (ii), for purposes of this paragraph, the term "eligible individual" means any individual who, after any regulations under subparagraph (A) first take effect, is appointed, transferred, or reappointed to a position in which that individual becomes eligible to contribute to the Thrift Savings Fund.
Source
- 2009–20185 U.S.C. § 8432Government Organization and Employees · Contributions · in this section
In subsection (c)(12), the term "eligible individual" means a member of a household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 50 percent of the median nonmetropolitan household income for the State in which the household is located, according to the most recent decennial census.
Source
- 2018–present33 U.S.C. § 1383Navigation and Navigable Waters · Water pollution control revolving loan funds · under this section
In this part, the term "eligible individual" means an individual—
Source
- 1996–201742 U.S.C. § 300GGThe Public Health and Welfare · Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage · in this part
In this part, the term “eligible individual” means an individual—
(1)
(A) for whom, as of the date on which the individual seeks coverage under this section, the aggregate of the periods of creditable coverage (as defined in section 2701(c)) 1 is 18 or more months and (B) whose most recent prior creditable coverage was under a group health plan, governmental plan, or church plan (or health insurance coverage offered in connection with any such plan);
(2) who is not eligible for coverage under (A) a group health plan, (B) part A or part B of title XVIII of the Social Security Act [42 U.S.C. 1395c et seq., 1395j et seq.], or (C) a State plan under title XIX of such Act [42 U.S.C. 1396 et seq.] (or any successor program), and does not have other health insurance coverage;
(3) with respect to whom the most recent coverage within the coverage period described in paragraph (1)(A) was not terminated based on a factor described in paragraph (1) or (2) of section 2712(b) 1 (relating to nonpayment of premiums or fraud);
(4) if the individual had been offered the option of continuation coverage under a COBRA continuation provision or under a similar State program, who elected such coverage; and
(5) who, if the individual elected such continuation coverage, has exhausted such continuation coverage under such provision or program.
Source
- 2013–present42 U.S.C. § 300GGThe Public Health and Welfare · Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage · in this part
In this section, the term "eligible individual" means a member of a low-income or moderate-income household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 50 percent of the median nonmetropolitan household income for the State or territory in which the household is located, according to the most recent decennial census.
Source
- 2021–present33 U.S.C. § 1302dNavigation and Navigable Waters · Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income · in this section
In this section, the term “eligible individual” means an individual—
(1) whom the Secretary of the Air Force determines served in support of space operations as a member of the Air Force; and
(2) who separates (or previously separated) from the armed forces as a member of the Air Force.
Source
- 2026–present10 U.S.C. § 9254Armed Forces · Authority to designate certain separated members of the Air Force as honorary separated members of the Space Force · in this section
In this section, the term “eligible individual” means an individual who is a member of a household the members of which have a combined income (for the most recent 12-month period for which the information is available) that is not more than 100 percent of the median nonmetropolitan household income for the State or territory in which the individual resides, according to the most recent decennial census of the United States.
Source
- 2002–20187 U.S.C. § 1926EAgriculture · Grants to nonprofit organizations to finance the construction, refurbishing, and servicing of individually-owned household water well systems in rural areas for individuals with low or moderate incomes · in this section
In this section, the term "eligible individual" means an individual who is a member of a household the members of which have a combined income (for the most recent 12-month period for which the information is available) that is not more than 60 percent of the median nonmetropolitan household income for the State or territory in which the individual resides, according to the most recent decennial census of the United States.
Source
- 2018–present7 U.S.C. § 1926EAgriculture · Grants to nonprofit organizations to finance the construction, refurbishing, and servicing of individually-owned household water well systems in rural areas for individuals with low or moderate incomes · in this section
In this section, the term “eligible individual” means an individual who is eligible to receive benefits under a nutrition education and obesity prevention program under this section as a result of being—
(1) an individual eligible for benefits under—
(A) this chapter;
(B) sections 1758(b)(1)(A) and 1766(c)(4) of title 42; or
(2) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or
(3) such other low-income individual as is determined to be eligible by the Secretary.
Source
- 2026–present7 U.S.C. § 2036aAgriculture · Nutrition education and obesity prevention grant program · in this section
In this section, the term "eligible individual" means an individual who is eligible to receive benefits under a nutrition education and obesity prevention program under this section as a result of being—
(1) an individual eligible for benefits under—
(A) this chapter;
(B) sections 1758(b)(1)(A) and 1766(c)(4) of title 42; or
(C) section 1773(e)(1)(A) of title 42;
(2) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or
(3) such other low-income individual as is determined to be eligible by the Secretary.
Consistent with the terms and conditions of grants awarded under this section, State agencies may implement a nutrition education and obesity prevention program for eligible individuals that promotes healthy food choices and physical activity consistent with the most recent Dietary Guidelines for Americans published under section 5341 of this title.
(1) In general
State agencies may deliver nutrition education and obesity prevention services under a program described in subsection (b)—
(A) directly to eligible individuals; or
(B) through agreements with other State or local agencies or community organizations.
(2) Nutrition education State plans
(A) In general
A State agency that elects to provide nutrition education and obesity prevention services under this subsection shall submit to the Secretary for approval a nutrition education State plan.
(B) Requirements
A nutrition education State plan shall—
(i) identify the uses of the funding for local projects;
(ii) ensure that the interventions are appropriate for eligible individuals who are members of low-income populations by recognizing the constrained resources, and the potential eligibility for Federal food assistance programs, of members of those populations;
(iii) describe how the State agency shall use an electronic reporting system to—
(I) measure and evaluate the projects; and
(II) account for the allowable State agency administrative costs including for—
(aa) salaries and benefits of State agency personnel;
(bb) office supplies and equipment;
(cc) travel costs;
(dd) development and production of nutrition education materials;
(ee) memberships, subscriptions, and professional activities;
(ff) lease or rental costs;
(gg) maintenance and repair expenses;
(hh) indirect costs; and
(ii) cost of using publicly-owned building space; and
(iv) conform to standards established by the Secretary through regulations, guidance, or grant award documents.
(3) Use of funds
(A) In general
A State agency may use funds provided under this section for any evidence-based allowable use of funds identified by the Administrator of the Food and Nutrition Service of the Department of Agriculture in consultation with the Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services, including—
(i) individual and group-based nutrition education, health promotion, and intervention strategies;
(ii) comprehensive, multilevel interventions at multiple complementary organizational and institutional levels; and
(iii) community and public health approaches to improve nutrition.
(B) Consultation
In identifying allowable uses of funds under subparagraph (A) and in seeking to strengthen delivery, oversight, and evaluation of nutrition education, the Administrator of the Food and Nutrition Service shall consult with the Director of the Centers for Disease Control and Prevention, the Director of the National Institute of Food and Agriculture, and outside stakeholders and experts, including—
(i) representatives of the academic and research communities;
(ii) nutrition education practitioners;
(iii) representatives of State and local governments; and
(iv) community organizations that serve low-income populations.
(4) Notification
To the maximum extent practicable, State agencies shall notify applicants, participants, and eligible individuals under this chapter of the availability of nutrition education and obesity prevention services under this section in local communities.
(5) Coordination
Subject to the approval of the Secretary, projects carried out with funds received under this section may be coordinated with the expanded food and nutrition education program or other health promotion or nutrition improvement strategies, whether public or privately funded, if the projects carried out with funds received under this section remain under the administrative control of the State agency.
(6) Information clearinghouse
The Secretary shall establish an online clearinghouse that makes available to State agencies, local agencies, institutions of higher education, and community organizations best practices for planning, implementing, and evaluating nutrition education and obesity prevention services to ensure that projects carried out with funds received under this section are appropriate for the target population.
(7) Technical assistance
The Secretary shall provide technical assistance to a State agency in developing and implementing a nutrition education State plan, including—
(A) by identifying common challenges faced by entities described in paragraph (6) that participate in projects carried out with funds received under this section;
(B) by coordinating efforts to address those common challenges;
(C) by collecting and disseminating information on evidence-based practices relating to nutrition education and obesity prevention;
(D) by facilitating communication between and among grantees and subgrantees of funds received under this section;
(E) by assisting State agencies in creating or maintaining systems to compile program data; and
(F) by performing or assisting with other activities, as determined by the Secretary.
(8) Annual State report
Each State agency that delivers nutrition education and obesity prevention services under this subsection shall submit to the Secretary an annual report, which shall be made publicly available by the Secretary, that includes—
(A) the use of funds on the State agency's program, including for each category of allowable State agency administrative costs identified in paragraph (2)(B)(iii)(II);
(B) a description of each project carried out by that agency under this subsection, including, with respect to the project, the target population, interventions, educational materials used, key performance indicators used, and evaluations made;
(C) a comprehensive analysis of the impacts and outcomes—
(i) of the project, including with respect to the elements described in subparagraph (A); and
(ii) to the extent practicable, of completed multiyear projects; and
(D) the status of any ongoing multiyear project.
(9) Annual Federal report
The Administrator of the Food and Nutrition Service, in consultation with the Director of the National Institute of Food and Agriculture, shall annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that—
(A) evaluates the level of coordination between—
(i) the nutrition education and obesity prevention grant program under this section;
(ii) the expanded food and nutrition education program under section 3175 of this title; and
(iii) any other nutrition education program administered by the Department of Agriculture; and
(B) includes the use of funds on such programs including State agency administrative costs reported by States under paragraph (8)(A).
(1) In general
Of funds made available each fiscal year under section 2027(a)(1) of this title, the Secretary shall reserve for allocation to State agencies to carry out the nutrition education and obesity prevention grant program under this section, to remain available for obligation for a period of 2 fiscal years—
(A) for fiscal year 2011, $375,000,000;
(B) for fiscal year 2012, $388,000,000;
(C) for fiscal year 2013, $285,000,000;
(D) for fiscal year 2014, $401,000,000;
(E) for fiscal year 2015, $407,000,000; and
(F) for fiscal year 2016 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(2) Allocation
(A) Initial allocation
Of the funds set aside under paragraph (1), as determined by the Secretary—
(i) for each of fiscal years 2011 through 2013, 100 percent shall be allocated to State agencies in direct proportion to the amount of funding that the State received for carrying out section 2020(f) of this title (as that section existed on the day before the December 13, 2010) during fiscal year 2009, as reported to the Secretary as of February 2010; and
(ii) subject to a reallocation under subparagraph (B)—
(I) for fiscal year 2014—
(aa) 90 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 10 percent shall be allocated to State agencies based on the respective share of each State of the number of individuals participating in the supplemental nutrition assistance program during the 12-month period ending the preceding January 31;
(II) for fiscal year 2015—
(aa) 80 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 20 percent shall be allocated in accordance with subclause (I)(bb);
(III) for fiscal year 2016—
(aa) 70 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 30 percent shall be allocated in accordance with subclause (I)(bb);
(IV) for fiscal year 2017—
(aa) 60 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 40 percent shall be allocated in accordance with subclause (I)(bb); and
(V) for fiscal year 2018 and each fiscal year thereafter—
(aa) 50 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 50 percent shall be allocated in accordance with subclause (I)(bb).
(B) Reallocation
(i) In general
If the Secretary determines that a State agency will not expend all of the funds allocated to the State agency for a fiscal year under paragraph (1) or in the case of a State agency that elects not to receive the entire amount of funds allocated to the State agency for a fiscal year, the Secretary shall reallocate the unexpended funds to other States during the fiscal year or the subsequent fiscal year (as determined by the Secretary) that have approved State plans under which the State agencies may expend the reallocated funds.
(ii) Effect of additional funds
(I) Funds received
Any reallocated funds received by a State agency under clause (i) for a fiscal year shall be considered to be part of the fiscal year 2009 base allocation of funds to the State agency for that fiscal year for purposes of determining allocation under subparagraph (A) for the subsequent fiscal year.
(II) Funds surrendered
Any funds surrendered by a State agency under clause (i) shall not be considered to be part of the fiscal year 2009 base allocation of funds to a State agency for that fiscal year for purposes of determining allocation under subparagraph (A) for the subsequent fiscal year.
(3) Limitation on Federal financial participation
(A) In general
Grants awarded under this section shall be the only source of Federal financial participation under this chapter in nutrition education and obesity prevention.
(B) Exclusion
Any costs of nutrition education and obesity prevention in excess of the grants authorized under this section shall not be eligible for reimbursement under section 2025(a) of this title.
Not later than January 1, 2012, the Secretary shall publish in the Federal Register a description of the requirements for the receipt of a grant under this section.
Source
- 2018–20267 U.S.C. § 2036aAgriculture · Nutrition education and obesity prevention grant program · in this section
In this section, the term "eligible individual" means an individual who is eligible to receive benefits under a nutrition education and obesity prevention program under this section as a result of being—
(1) an individual eligible for benefits under—
(A) this chapter;
(B) sections 1758(b)(1)(A) and 1766(c)(4) of title 42; or
(C) section 1773(e)(1)(A) of title 42;
(2) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or
(3) such other low-income individual as is determined to be eligible by the Secretary.
Consistent with the terms and conditions of grants awarded under this section, State agencies may implement a nutrition education and obesity prevention program for eligible individuals that promotes healthy food choices and physical activity consistent with the most recent Dietary Guidelines for Americans published under section 5341 of this title.
(1) In general
State agencies may deliver nutrition education and obesity prevention services under a program described in subsection (b)—
(A) directly to eligible individuals; or
(B) through agreements with other State or local agencies or community organizations.
(2) Nutrition education State plans
(A) In general
A State agency that elects to provide nutrition education and obesity prevention services under this subsection shall submit to the Secretary for approval a nutrition education State plan.
(B) Requirements
Except as provided in subparagraph (C), a nutrition education State plan shall—
(i) identify the uses of the funding for local projects;
(ii) ensure that the interventions are appropriate for eligible individuals who are members of low-income populations by recognizing the constrained resources, and the potential eligibility for Federal food assistance programs, of members of those populations; and
(iii) conform to standards established by the Secretary through regulations, guidance, or grant award documents.
(C) Transition period
During each of fiscal years 2011 and 2012, a nutrition education State plan under this section shall be consistent with the requirements of section 2020(f) of this title (as that section, other than paragraph (3)(C), existed on the day before December 13, 2010).
(3) Use of funds
(A) In general
A State agency may use funds provided under this section for any evidence-based allowable use of funds identified by the Administrator of the Food and Nutrition Service of the Department of Agriculture in consultation with the Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services, including—
(i) individual and group-based nutrition education, health promotion, and intervention strategies;
(ii) comprehensive, multilevel interventions at multiple complementary organizational and institutional levels; and
(iii) community and public health approaches to improve nutrition.
(B) Consultation
In identifying allowable uses of funds under subparagraph (A) and in seeking to strengthen delivery, oversight, and evaluation of nutrition education, the Administrator of the Food and Nutrition Service shall consult with the Director of the Centers for Disease Control and Prevention and outside stakeholders and experts, including—
(i) representatives of the academic and research communities;
(ii) nutrition education practitioners;
(iii) representatives of State and local governments; and
(iv) community organizations that serve low-income populations.
(4) Notification
To the maximum extent practicable, State agencies shall notify applicants, participants, and eligible individuals under this chapter of the availability of nutrition education and obesity prevention services under this section in local communities.
(5) Coordination
Subject to the approval of the Secretary, projects carried out with funds received under this section may be coordinated with other health promotion or nutrition improvement strategies, whether public or privately funded, if the projects carried out with funds received under this section remain under the administrative control of the State agency.
(1) In general
Of funds made available each fiscal year under section 2027(a)(1) of this title, the Secretary shall reserve for allocation to State agencies to carry out the nutrition education and obesity prevention grant program under this section, to remain available for obligation for a period of 2 fiscal years—
(A) for fiscal year 2011, $375,000,000;
(B) for fiscal year 2012, $388,000,000;
(C) for fiscal year 2013, $285,000,000;
(D) for fiscal year 2014, $401,000,000;
(E) for fiscal year 2015, $407,000,000; and
(F) for fiscal year 2016 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(2) Allocation
(A) Initial allocation
Of the funds set aside under paragraph (1), as determined by the Secretary—
(i) for each of fiscal years 2011 through 2013, 100 percent shall be allocated to State agencies in direct proportion to the amount of funding that the State received for carrying out section 2020(f) of this title (as that section existed on the day before the December 13, 2010) during fiscal year 2009, as reported to the Secretary as of February 2010; and
(ii) subject to a reallocation under subparagraph (B)—
(I) for fiscal year 2014—
(aa) 90 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 10 percent shall be allocated to State agencies based on the respective share of each State of the number of individuals participating in the supplemental nutrition assistance program during the 12-month period ending the preceding January 31;
(II) for fiscal year 2015—
(aa) 80 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 20 percent shall be allocated in accordance with subclause (I)(bb);
(III) for fiscal year 2016—
(aa) 70 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 30 percent shall be allocated in accordance with subclause (I)(bb);
(IV) for fiscal year 2017—
(aa) 60 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 40 percent shall be allocated in accordance with subclause (I)(bb); and
(V) for fiscal year 2018 and each fiscal year thereafter—
(aa) 50 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 50 percent shall be allocated in accordance with subclause (I)(bb).
(B) Reallocation
(i) In general
If the Secretary determines that a State agency will not expend all of the funds allocated to the State agency for a fiscal year under paragraph (1) or in the case of a State agency that elects not to receive the entire amount of funds allocated to the State agency for a fiscal year, the Secretary shall reallocate the unexpended funds to other States during the fiscal year or the subsequent fiscal year (as determined by the Secretary) that have approved State plans under which the State agencies may expend the reallocated funds.
(ii) Effect of additional funds
(I) Funds received
Any reallocated funds received by a State agency under clause (i) for a fiscal year shall be considered to be part of the fiscal year 2009 base allocation of funds to the State agency for that fiscal year for purposes of determining allocation under subparagraph (A) for the subsequent fiscal year.
(II) Funds surrendered
Any funds surrendered by a State agency under clause (i) shall not be considered to be part of the fiscal year 2009 base allocation of funds to a State agency for that fiscal year for purposes of determining allocation under subparagraph (A) for the subsequent fiscal year.
(3) Limitation on Federal financial participation
(A) In general
Grants awarded under this section shall be the only source of Federal financial participation under this chapter in nutrition education and obesity prevention.
(B) Exclusion
Any costs of nutrition education and obesity prevention in excess of the grants authorized under this section shall not be eligible for reimbursement under section 2025(a) of this title.
Not later than January 1, 2012, the Secretary shall publish in the Federal Register a description of the requirements for the receipt of a grant under this section.
Source
- 2014–20187 U.S.C. § 2036aAgriculture · Nutrition education and obesity prevention grant program · in this section
In this section, the term “eligible individual” means an individual who is eligible to receive benefits under a nutrition education and obesity prevention program under this section as a result of being—
(1) an individual eligible for benefits under—
(A) this chapter;
(B) sections 1758(b)(1)(A) and 1766(c)(4) of title 42; or
(C) section 1773(e)(1)(A) of title 42;
(2) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or
(3) such other low-income individual as is determined to be eligible by the Secretary.
Consistent with the terms and conditions of grants awarded under this section, State agencies may implement a nutrition education and obesity prevention program for eligible individuals that promotes healthy food choices consistent with the most recent Dietary Guidelines for Americans published under section 5341 of this title.
(1) In general
State agencies may deliver nutrition education and obesity prevention services under a program described in subsection (b)—
(A) directly to eligible individuals; or
(B) through agreements with other State or local agencies or community organizations.
(2) Nutrition education State plans
(A) In general
A State agency that elects to provide nutrition education and obesity prevention services under this subsection shall submit to the Secretary for approval a nutrition education State plan.
(B) Requirements
Except as provided in subparagraph (C), a nutrition education State plan shall—
(i) identify the uses of the funding for local projects;
(ii) ensure that the interventions are appropriate for eligible individuals who are members of low-income populations by recognizing the constrained resources, and the potential eligibility for Federal food assistance programs, of members of those populations; and
(iii) conform to standards established by the Secretary through regulations, guidance, or grant award documents.
(C) Transition period
During each of fiscal years 2011 and 2012, a nutrition education State plan under this section shall be consistent with the requirements of section 2020(f) of this title (as that section, other than paragraph (3)(C), existed on the day before December 13, 2010).
(3) Use of funds
(A) In general
A State agency may use funds provided under this section for any evidence-based allowable use of funds identified by the Administrator of the Food and Nutrition Service of the Department of Agriculture in consultation with the Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services, including—
(i) individual and group-based nutrition education, health promotion, and intervention strategies;
(ii) comprehensive, multilevel interventions at multiple complementary organizational and institutional levels; and
(iii) community and public health approaches to improve nutrition.
(B) Consultation
In identifying allowable uses of funds under subparagraph (A) and in seeking to strengthen delivery, oversight, and evaluation of nutrition education, the Administrator of the Food and Nutrition Service shall consult with the Director of the Centers for Disease Control and Prevention and outside stakeholders and experts, including—
(i) representatives of the academic and research communities;
(ii) nutrition education practitioners;
(iii) representatives of State and local governments; and
(iv) community organizations that serve low-income populations.
(4) Notification
To the maximum extent practicable, State agencies shall notify applicants, participants, and eligible individuals under this chapter of the availability of nutrition education and obesity prevention services under this section in local communities.
(5) Coordination
Subject to the approval of the Secretary, projects carried out with funds received under this section may be coordinated with other health promotion or nutrition improvement strategies, whether public or privately funded, if the projects carried out with funds received under this section remain under the administrative control of the State agency.
(1) In general
Of funds made available each fiscal year under section 2027(a)(1) of this title, the Secretary shall reserve for allocation to State agencies to carry out the nutrition education and obesity prevention grant program under this section, to remain available for obligation for a period of 2 fiscal years—
(A) for fiscal year 2011, $375,000,000; and
(B) for fiscal year 2012 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(2) Allocation
(A) Initial allocation
Of the funds set aside under paragraph (1), as determined by the Secretary—
(i) for each of fiscal years 2011 through 2013, 100 percent shall be allocated to State agencies in direct proportion to the amount of funding that the State received for carrying out section 2020(f) of this title (as that section existed on the day before the December 13, 2010) during fiscal year 2009, as reported to the Secretary as of February 2010; and
(ii) subject to a reallocation under subparagraph (B)—
(I) for fiscal year 2014—
(aa) 90 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 10 percent shall be allocated to State agencies based on the respective share of each State of the number of individuals participating in the supplemental nutrition assistance program during the 12-month period ending the preceding January 31;
(II) for fiscal year 2015—
(aa) 80 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 20 percent shall be allocated in accordance with subclause (I)(bb);
(III) for fiscal year 2016—
(aa) 70 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 30 percent shall be allocated in accordance with subclause (I)(bb);
(IV) for fiscal year 2017—
(aa) 60 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 40 percent shall be allocated in accordance with subclause (I)(bb); and
(V) for fiscal year 2018 and each fiscal year thereafter—
(aa) 50 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 50 percent shall be allocated in accordance with subclause (I)(bb).
(B) Reallocation
(i) In general
If the Secretary determines that a State agency will not expend all of the funds allocated to the State agency for a fiscal year under paragraph (1) or in the case of a State agency that elects not to receive the entire amount of funds allocated to the State agency for a fiscal year, the Secretary shall reallocate the unexpended funds to other States during the fiscal year or the subsequent fiscal year (as determined by the Secretary) that have approved State plans under which the State agencies may expend the reallocated funds.
(ii) Effect of additional funds
(I) Funds received
Any reallocated funds received by a State agency under clause (i) for a fiscal year shall be considered to be part of the fiscal year 2009 base allocation of funds to the State agency for that fiscal year for purposes of determining allocation under subparagraph (A) for the subsequent fiscal year.
(II) Funds surrendered
Any funds surrendered by a State agency under clause (i) shall not be considered to be part of the fiscal year 2009 base allocation of funds to a State agency for that fiscal year for purposes of determining allocation under subparagraph (A) for the subsequent fiscal year.
(3) Limitation on Federal financial participation
(A) In general
Grants awarded under this section shall be the only source of Federal financial participation under this chapter in nutrition education and obesity prevention.
(B) Exclusion
Any costs of nutrition education and obesity prevention in excess of the grants authorized under this section shall not be eligible for reimbursement under section 2025(a) of this title.
Not later than January 1, 2012, the Secretary shall publish in the Federal Register a description of the requirements for the receipt of a grant under this section.
Source
- 2010–20127 U.S.C. § 2036aAgriculture · Nutrition education and obesity prevention grant program · in this section
In this section, the term “eligible individual” means an individual who is eligible to receive benefits under a nutrition education and obesity prevention program under this section as a result of being—
(1) an individual eligible for benefits under—
(A) this chapter;
(B) sections 1758(b)(1)(A) and 1766(c)(4) of title 42; or
(C) section 1773(e)(1)(A) of title 42;
(2) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or
(3) such other low-income individual as is determined to be eligible by the Secretary.
Consistent with the terms and conditions of grants awarded under this section, State agencies may implement a nutrition education and obesity prevention program for eligible individuals that promotes healthy food choices consistent with the most recent Dietary Guidelines for Americans published under section 5341 of this title.
(1) In general
State agencies may deliver nutrition education and obesity prevention services under a program described in subsection (b)—
(A) directly to eligible individuals; or
(B) through agreements with other State or local agencies or community organizations.
(2) Nutrition education State plans
(A) In general
A State agency that elects to provide nutrition education and obesity prevention services under this subsection shall submit to the Secretary for approval a nutrition education State plan.
(B) Requirements
Except as provided in subparagraph (C), a nutrition education State plan shall—
(i) identify the uses of the funding for local projects;
(ii) ensure that the interventions are appropriate for eligible individuals who are members of low-income populations by recognizing the constrained resources, and the potential eligibility for Federal food assistance programs, of members of those populations; and
(iii) conform to standards established by the Secretary through regulations, guidance, or grant award documents.
(C) Transition period
During each of fiscal years 2011 and 2012, a nutrition education State plan under this section shall be consistent with the requirements of section 2020(f) of this title (as that section, other than paragraph (3)(C), existed on the day before December 13, 2010).
(3) Use of funds
(A) In general
A State agency may use funds provided under this section for any evidence-based allowable use of funds identified by the Administrator of the Food and Nutrition Service of the Department of Agriculture in consultation with the Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services, including—
(i) individual and group-based nutrition education, health promotion, and intervention strategies;
(ii) comprehensive, multilevel interventions at multiple complementary organizational and institutional levels; and
(iii) community and public health approaches to improve nutrition.
(B) Consultation
In identifying allowable uses of funds under subparagraph (A) and in seeking to strengthen delivery, oversight, and evaluation of nutrition education, the Administrator of the Food and Nutrition Service shall consult with the Director of the Centers for Disease Control and Prevention and outside stakeholders and experts, including—
(i) representatives of the academic and research communities;
(ii) nutrition education practitioners;
(iii) representatives of State and local governments; and
(iv) community organizations that serve low-income populations.
(4) Notification
To the maximum extent practicable, State agencies shall notify applicants, participants, and eligible individuals under this chapter of the availability of nutrition education and obesity prevention services under this section in local communities.
(5) Coordination
Subject to the approval of the Secretary, projects carried out with funds received under this section may be coordinated with other health promotion or nutrition improvement strategies, whether public or privately funded, if the projects carried out with funds received under this section remain under the administrative control of the State agency.
(1) In general
Of funds made available each fiscal year under section 2027(a)(1) of this title, the Secretary shall reserve for allocation to State agencies to carry out the nutrition education and obesity prevention grant program under this section, to remain available for obligation for a period of 2 fiscal years—
(A) for fiscal year 2011, $375,000,000;
(B) for fiscal year 2012, $388,000,000;
(C) for fiscal year 2013, $285,000,000;
(D) for fiscal year 2014, $401,000,000;
(E) for fiscal year 2015, $407,000,000; and
(F) for fiscal year 2016 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(2) Allocation
(A) Initial allocation
Of the funds set aside under paragraph (1), as determined by the Secretary—
(i) for each of fiscal years 2011 through 2013, 100 percent shall be allocated to State agencies in direct proportion to the amount of funding that the State received for carrying out section 2020(f) of this title (as that section existed on the day before the December 13, 2010) during fiscal year 2009, as reported to the Secretary as of February 2010; and
(ii) subject to a reallocation under subparagraph (B)—
(I) for fiscal year 2014—
(aa) 90 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 10 percent shall be allocated to State agencies based on the respective share of each State of the number of individuals participating in the supplemental nutrition assistance program during the 12-month period ending the preceding January 31;
(II) for fiscal year 2015—
(aa) 80 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 20 percent shall be allocated in accordance with subclause (I)(bb);
(III) for fiscal year 2016—
(aa) 70 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 30 percent shall be allocated in accordance with subclause (I)(bb);
(IV) for fiscal year 2017—
(aa) 60 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 40 percent shall be allocated in accordance with subclause (I)(bb); and
(V) for fiscal year 2018 and each fiscal year thereafter—
(aa) 50 percent shall be allocated to State agencies in accordance with clause (i); and
(bb) 50 percent shall be allocated in accordance with subclause (I)(bb).
(B) Reallocation
(i) In general
If the Secretary determines that a State agency will not expend all of the funds allocated to the State agency for a fiscal year under paragraph (1) or in the case of a State agency that elects not to receive the entire amount of funds allocated to the State agency for a fiscal year, the Secretary shall reallocate the unexpended funds to other States during the fiscal year or the subsequent fiscal year (as determined by the Secretary) that have approved State plans under which the State agencies may expend the reallocated funds.
(ii) Effect of additional funds
(I) Funds received
Any reallocated funds received by a State agency under clause (i) for a fiscal year shall be considered to be part of the fiscal year 2009 base allocation of funds to the State agency for that fiscal year for purposes of determining allocation under subparagraph (A) for the subsequent fiscal year.
(II) Funds surrendered
Any funds surrendered by a State agency under clause (i) shall not be considered to be part of the fiscal year 2009 base allocation of funds to a State agency for that fiscal year for purposes of determining allocation under subparagraph (A) for the subsequent fiscal year.
(3) Limitation on Federal financial participation
(A) In general
Grants awarded under this section shall be the only source of Federal financial participation under this chapter in nutrition education and obesity prevention.
(B) Exclusion
Any costs of nutrition education and obesity prevention in excess of the grants authorized under this section shall not be eligible for reimbursement under section 2025(a) of this title.
Not later than January 1, 2012, the Secretary shall publish in the Federal Register a description of the requirements for the receipt of a grant under this section.
Source
- 2012–20147 U.S.C. § 2036aAgriculture · Nutrition education and obesity prevention grant program · in this section
In this section, the term “eligible individual” means, with respect to any State, an individual—
(A) who a 1 resident of the State who is not eligible to enroll in the State's medicaid program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for benefits that at a minimum consist of the essential health benefits described in section 18022(b) of this title;
(B) whose household income exceeds 133 percent but does not exceed 200 percent of the poverty line for the size of the family involved, or, in the case of an alien lawfully present in the United States, whose income is not greater than 133 percent of the poverty line for the size of the family involved but who is not eligible for the Medicaid program under title XIX of the Social Security Act by reason of such alien status;
(C) who is not eligible for minimum essential coverage (as defined in section 5000A(f) of title 26) or is eligible for an employer-sponsored plan that is not affordable coverage (as determined under section 5000A(e)(2) of such title); and
(D) who has not attained age 65 as of the beginning of the plan year.
Such term shall not include any individual who is not a qualified individual under section 18032 of this title who is eligible to be covered by a qualified health plan offered through an Exchange.
Source
- 2010–201242 U.S.C. § 18051The Public Health and Welfare · State flexibility to establish basic health programs for low-income individuals not eligible for medicaid · in this section
In this section, the term “eligible individual” means, with respect to any State, an individual—
(A) who a 2 resident of the State who is not eligible to enroll in the State’s medicaid program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for benefits that at a minimum consist of the essential health benefits described in section 18022(b) of this title;
(B) whose household income exceeds 133 percent but does not exceed 200 percent of the poverty line for the size of the family involved, or, in the case of an alien lawfully present in the United States, whose income is not greater than 133 percent of the poverty line for the size of the family involved but who is not eligible for the Medicaid program under title XIX of the Social Security Act by reason of such alien status;
(C) who is not eligible for minimum essential coverage (as defined in section 5000A(f) of title 26) or is eligible for an employer-sponsored plan that is not affordable coverage (as determined under section 5000A(e)(2) of such title); and
(D) who has not attained age 65 as of the beginning of the plan year.
Source
- 2026–present42 U.S.C. § 18051The Public Health and Welfare · State flexibility to establish basic health programs for low-income individuals not eligible for medicaid · in this section
In this section, the term “eligible individual” means, with respect to any State, an individual—
(A) who a 2 resident of the State who is not eligible to enroll in the State's medicaid program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for benefits that at a minimum consist of the essential health benefits described in section 18022(b) of this title;
(B) whose household income exceeds 133 percent but does not exceed 200 percent of the poverty line for the size of the family involved, or, in the case of an alien lawfully present in the United States, whose income is not greater than 133 percent of the poverty line for the size of the family involved but who is not eligible for the Medicaid program under title XIX of the Social Security Act by reason of such alien status;
(C) who is not eligible for minimum essential coverage (as defined in section 5000A(f) of title 26) or is eligible for an employer-sponsored plan that is not affordable coverage (as determined under section 5000A(e)(2) of such title); and
(D) who has not attained age 65 as of the beginning of the plan year.
Such term shall not include any individual who is not a qualified individual under section 18032 of this title who is eligible to be covered by a qualified health plan offered through an Exchange.
Source
- 2012–202642 U.S.C. § 18051The Public Health and Welfare · State flexibility to establish basic health programs for low-income individuals not eligible for medicaid · in this section
In this subsection, the term “eligible individual” means an individual who is enrolled or accepted for enrollment as a full-time or part-time student in a school of nursing.
Source
- 2002–present42 U.S.C. § 297NThe Public Health and Welfare · Loan repayment and scholarship programs · in this section
The term “eligible individual” has the meaning given such term by section 223(c)(1).
Source
- 2006–present26 U.S.C. § 106Internal Revenue Code · Contributions by employer to accident and health plans · under this section
The term “eligible individual” has the meaning given the term in section 1383(j) of title 33.
Source
- 2021–present42 U.S.C. § 300j-19aThe Public Health and Welfare · Assistance for small and disadvantaged communities · under this section
The term “eligible individual” means—
(A) an eligible TAA recipient,
(B) an eligible alternative TAA recipient, and
(C) an eligible PBGC pension recipient.
Source
- 2002–present26 U.S.C. § 35Internal Revenue Code · Health insurance costs of eligible individuals · for purposes of this section
the term “eligible individual” means a candidate for the Child Development Associate credential whose income does not exceed the 1 130 percent of the lower living standard income level,2 by more than 50 percent;
Source
- 1994–present42 U.S.C. § 10903The Public Health and Welfare · Definitions · for purposes of this chapter
the term “eligible individual” means a citizen or national of the United States or a permanent resident alien of the United States;
Source
- 1994–present20 U.S.C. § 5602Education · Definitions · for the purposes of this chapter
The term "eligible individual" means a veteran or a member of the reserve components of the Armed Forces who—
(A) is eligible to receive health care furnished by the Department under this title;
(B) is seeking mental health treatment; and
(C) in the course of serving in the Armed Forces, participated in a sensitive mission or served in a sensitive unit.
Source
- 2020–present38 U.S.C. § 1720HVeterans Benefits · Mental health treatment for veterans and members of the reserve components of the Armed Forces who served in classified missions · in this section
The term "eligible individual" means an individual—
(A) who has attained 16 years of age;
(B) who is not enrolled or required to be enrolled in secondary school under State law; and
(C) who—
(i) is basic skills deficient;
(ii) does not have a secondary school diploma or its recognized equivalent, and has not achieved an equivalent level of education; or
(iii) is an English language learner.
Source
- 2014–present29 U.S.C. § 3272Labor · Definitions · in this subchapter
The term “eligible individual” means an individual who—
(A) is 16 to 25 years of age (inclusive); and
(B) (i) has been convicted of a criminal offense; and
(ii) is detained in, or has been released from, a juvenile detention center or secure juvenile justice residential facility.
Source
- 2008–present20 U.S.C. § 1161wEducation · Path to success · in this section
The term “eligible individual” means an individual who—
(A) is from a disadvantaged background;
(B) has a financial need for a scholarship; and
(C) is enrolled (or accepted for enrollment) at an eligible health professions or nursing school as a full-time student in a program leading to a degree in a health profession or nursing.
Source
- 1998–present42 U.S.C. § 293AThe Public Health and Welfare · Scholarships for disadvantaged students · in this section
The term “eligible individual” means an individual who, as determined by the Secretary in accordance with subsection (c)(1), is—
(A) a Native veteran—
(i) who served in the Armed Forces during the period between August 5, 1964, and December 31, 1971; and
(ii) has not received an allotment made pursuant to—
(I) the Act of May 17, 1906 (34 Stat. 197, chapter 2469) (as in effect on December 17, 1971);
(II) section 1613(h)(5) of this title; or
(III) section 1629g of this title; or
(B) is 1 the personal representative of the estate of a deceased eligible individual described in subparagraph (A), who has been duly appointed in the appropriate Alaska State court or a registrar has qualified, acting for the benefit of the heirs of the estate of a deceased eligible individual described in subparagraph (A).
Source
- 2019–present43 U.S.C. § 1629g-1Public Lands · Alaska Native Vietnam era veterans land allotment · in this section
The term "eligible individual" means an individual who—
(i) with respect to a State, is enrolled for medical assistance under the State plan or a waiver of such plan;
(ii) is at least 21 years of age;
(iii) has not attained 65 years of age; and
(iv) has at least 1 substance use disorder.
Source
- 2018–present42 U.S.C. § 1396NThe Public Health and Welfare · Compliance with State plan and payment provisions · in this section
The term "eligible individual" means an individual who is age 55 or older and who has a low income (including any such individual whose income is not more than 125 percent of the poverty line), excluding any income that is unemployment compensation, a benefit received under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), a payment made to or on behalf of veterans or former members of the Armed Forces under the laws administered by the Secretary of Veterans Affairs, or 25 percent of a benefit received under title II of the Social Security Act (42 U.S.C. 401 et seq.), subject to subsection (b).
Source
- 2006–present42 U.S.C. § 3056PThe Public Health and Welfare · Definitions and rule · for purposes of this subchapter
The term “eligible individual” means an individual who is (as determined in accordance with section 239a of this title)—
(A) a covered individual who sustains a covered injury in the manner described in paragraph (3)(A); or
(B) an individual who sustains a covered injury in the manner described in paragraph (3)(B).
Source
- 2003–present42 U.S.C. § 239The Public Health and Welfare · General provisions · for purposes of this part
The term “eligible individual” means an individual who is determined, in accordance with subsection (b) of this section, to be a covered individual who sustains a covered injury.
Source
- 2005–201642 U.S.C. § 247DThe Public Health and Welfare · Covered countermeasure process · for purposes of this section
The term “eligible individual” means an individual who is determined, in accordance with subsection (b), to be a covered individual who sustains a covered injury.
Source
- 2016–present42 U.S.C. § 247DThe Public Health and Welfare · Covered countermeasure process · for purposes of this section
the term “eligible individual” means an individual who is eligible for disaster assistance under subsection (b)(1) relating to a major disaster relating to which the Administrator declares eligibility for additional disaster assistance under subsection (b)(9);
Source
- 2008–present15 U.S.C. § 636Commerce and Trade · Additional powers · for purposes of this chapter
The term "eligible individual" means an individual who is enrolled under this part B 1 and who—
(i) in the case of an agreement entered into under the first sentence of paragraph (1), is within a class of individuals specified in such agreement; and
(ii) in the case of an agreement entered into under the second sentence of paragraph (1), is so enrolled under this part pursuant to the special enrollment period under section 1395p(o) of this title 2
Source
- 2022–present42 U.S.C. § 1395RThe Public Health and Welfare · Amount of premiums for individuals enrolled under this part · under this part
The term “eligible individual” means an individual who is enrolled under this part B and who is within a class of individuals specified in the agreement under paragraph (1).
Source
- 1994–202242 U.S.C. § 1395RThe Public Health and Welfare · Amount of premiums for individuals enrolled under this part · under this part
The term “eligible individual” means any individual—
(A) who has not attained the age of 18 before the close of the calendar year in which the election under subparagraph (C) is made,
(B) for whom a social security number (within the meaning of section 24(h)(7)) has been issued before the date on which an election under subsection (C) is made, and
(C) for whom—
(i) an election is made under this subparagraph by the Secretary if the Secretary determines (based on information available to the Secretary from tax returns or otherwise) that such individual meets the requirements of subparagraphs (A) and (B) and no prior election has been made for such individual under clause (ii), or
(ii) an election is made under this subparagraph by a person other than the Secretary (at such time and in such manner as the Secretary may prescribe) for the establishment of a Trump account if no prior election has been made for such individual under clause (i).
Source
- 2026–present26 U.S.C. § 530AInternal Revenue Code · Trump accounts · for purposes of this section
the term “eligible individual” means any individual of Japanese ancestry, or the spouse or a parent of an individual of Japanese ancestry, who is living on August 10, 1988, and who, during the evacuation, relocation, and internment period—
(A) was a United States citizen or a permanent resident alien; and
(B)
(i) was confined, held in custody, relocated, or otherwise deprived of liberty or property as a result of—
(I) Executive Order Numbered 9066, dated February 19, 1942;
(II) the Act entitled “An Act to provide a penalty for violation of restrictions or orders with respect to persons entering, remaining in, leaving, or committing any act in military areas or zones”, approved March 21, 1942 (56 Stat. 173); or
(III) any other Executive order, Presidential proclamation, law of the United States, directive of the Armed Forces of the United States, or other action taken by or on behalf of the United States or its agents, representatives, officers, or employees, respecting the evacuation, relocation, or internment of individuals solely on the basis of Japanese ancestry; or
(ii) was enrolled on the records of the United States Government during the period beginning on December 7, 1941, and ending on June 30, 1946, as being in a prohibited military zone;
Source
- 2026–present50 U.S.C. § 4218War and National Defense · Definitions · for the purposes of this subchapter
the term "eligible individual" means any individual of Japanese ancestry, or the spouse or a parent of an individual of Japanese ancestry, who is living on August 10, 1988, and who, during the evacuation, relocation, and internment period—
(A) was a United States citizen or a permanent resident alien; and
(B) (i) was confined, held in custody, relocated, or otherwise deprived of liberty or property as a result of—
(I) Executive Order Numbered 9066, dated February 19, 1942;
(II) the Act entitled "An Act to provide a penalty for violation of restrictions or orders with respect to persons entering, remaining in, leaving, or committing any act in military areas or zones", approved March 21, 1942 (56 Stat. 173); or
(III) any other Executive order, Presidential proclamation, law of the United States, directive of the Armed Forces of the United States, or other action taken by or on behalf of the United States or its agents, representatives, officers, or employees, respecting the evacuation, relocation, or internment of individuals solely on the basis of Japanese ancestry; or
(ii) was enrolled on the records of the United States Government during the period beginning on December 7, 1941, and ending on June 30, 1946, as being in a prohibited military zone;
except that the term "eligible individual" does not include any individual who, during the period beginning on December 7, 1941, and ending on September 2, 1945, relocated to a country while the United States was at war with that country;
Source
- 2015–202650 U.S.C. § 4218War and National Defense · Definitions · for the purposes of this subchapter
The term “eligible individual” means any individual other than—
(A) any nonresident alien individual,
(B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and
(C) an estate or trust.
Source
- 2008–202126 U.S.C. § 6428Internal Revenue Code · Acceleration of 10 percent income tax rate bracket benefit for 2001 · for purposes of this section
The term “eligible individual” means any individual other than—
(i) any nonresident alien individual,
(ii) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and
(iii) an estate or trust.
Source
- 2009–present26 U.S.C. § 36AInternal Revenue Code · Repealed. Pub. L. 113–295, div. A, title II, § 221(a)(5)(A), Dec. 19, 2014, 128 Stat. 4037] · for purposes of this section
The term “eligible individual” means—
(i) any individual who has a qualifying child for the taxable year, or
(ii) any other individual who does not have a qualifying child for the taxable year, if—
(I) such individual’s principal place of abode is in the United States for more than one-half of such taxable year,
(II) such individual (or, if the individual is married, either the individual or the individual’s spouse) has attained age 25 but not attained age 65 before the close of the taxable year, and
(III) such individual is not a dependent for whom a deduction is allowable under section 151 to another taxpayer for any taxable year beginning in the same calendar year as such taxable year.
Source
- 2013–present26 U.S.C. § 32Internal Revenue Code · Earned income · for purposes of this section
The term "eligible individual" means—
(i) any individual who has a qualifying child for the taxable year, or
(ii) any other individual who does not have a qualifying child for the taxable year, if—
(I) such individual's principal place of abode is in the United States for more than one-half of such taxable year,
(II) such individual (or, if the individual is married, either the individual or the individual's spouse) has attained age 25 but not attained age 65 before the close of the taxable year, and
(III) such individual is not a dependent for whom a deduction is allowable under section 151 to another taxpayer for any taxable year beginning in the same calendar year as such taxable year.
For purposes of the preceding sentence, marital status shall be determined under section 7703.
Source
- 1994–202126 U.S.C. § 32Internal Revenue Code · Earned income · for purposes of this section
The term “eligible individual” means, with respect to any month, any individual if—
(i) such individual is covered under a high deductible health plan as of the 1st day of such month, and
(ii) such individual is not, while covered under a high deductible health plan, covered under any health plan—
(I) which is not a high deductible health plan, and
(II) which provides coverage for any benefit which is covered under the high deductible health plan.
Source
- 2003–present26 U.S.C. § 223Internal Revenue Code · Health savings accounts · for purposes of this section
The term “eligible individual” means, with respect to any month, any individual if—
(i) such individual is covered under a high deductible health plan as of the 1st day of such month,
(ii) such individual is not, while covered under a high deductible health plan, covered under any health plan—
(I) which is not a high deductible health plan, and
(II) which provides coverage for any benefit which is covered under the high deductible health plan, and
(iii) (I) the high deductible health plan covering such individual is established and maintained by the employer of such individual or of the spouse of such individual and such employer is a small employer, or
(II) such individual is an employee (within the meaning of section 401(c)(1)) or the spouse of such an employee and the high deductible health plan covering such individual is not established or maintained by any employer of such individual or spouse.
Source
- 1996–present26 U.S.C. § 220Internal Revenue Code · Archer MSAs · for purposes of this section
The term “eligible individual” means, with respect to employment, an individual who is not an unauthorized alien (as defined in section 1324a(h)(3) of this title) with respect to that employment.
Source
- 1994–present8 U.S.C. § 1188Aliens and Nationality · Admission of temporary H2A workers · for purposes of this section