---
kind: "section"
citation: "42 U.S.C. § 1997"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1997"
heading: "Definitions"
release: "119-102"
url: "https://uscodex.org/usc/42/1997"
units:
  - "Chapter 21 — Civil Rights"
  - "Subchapter I–A — Institutionalized Persons"
---

# §1997. Definitions


As used in this subchapter—

- (1) The term “institution” means any [facility](/usc/42/11049.md?p=4) or institution—
  - (A) which is owned, operated, or managed by, or provides services on behalf of any [State](#4) or political subdivision of a [State](#4); and
  - (B) which is—
    - (i) for [persons](#3) who are mentally ill, disabled, or retarded, or chronically ill or handicapped;
    - (ii) a jail, prison, or other correctional [facility](/usc/42/11049.md?p=4);
    - (iii) a pretrial detention [facility](/usc/42/11049.md?p=4);
    - (iv) for juveniles—
      - (I) held awaiting trial;
      - (II) residing in such [facility](/usc/42/11049.md?p=4) or [institution](#1) for purposes of receiving care or [treatment](/usc/42/11851.md?p=11); or
      - (III) residing for any [State](#4) purpose in such [facility](/usc/42/11049.md?p=4) or [institution](#1) (other than a residential [facility](/usc/42/11049.md?p=4) providing only elementary or secondary education that is not an [institution](#1) in which reside juveniles who are adjudicated delinquent, in need of supervision, neglected, placed in [State](#4) custody, mentally ill or disabled, mentally retarded, or chronically ill or handicapped); or
    - (v) providing skilled nursing, intermediate or long-term care, or custodial or residential care.
- (2) Privately owned and operated [facilities](/usc/42/11049.md?p=4) shall not be deemed “[institutions](#1)” under this subchapter if—
  - (A) the licensing of such [facility](/usc/42/11049.md?p=4) by the [State](#4) constitutes the sole nexus between such [facility](/usc/42/11049.md?p=4) and such [State](#4);
  - (B) the receipt by such [facility](/usc/42/11049.md?p=4), on behalf of [persons](#3) residing in such [facility](/usc/42/11049.md?p=4), of payments under title XVI, XVIII [[42 U.S.C. 1381](/usc/42/1381.md) et seq., 1395 et seq.], or under a [State](#4) plan approved under title XIX [[42 U.S.C. 1396](/usc/42/1396.md) et seq.], of the Social Security Act, constitutes the sole nexus between such [facility](/usc/42/11049.md?p=4) and such [State](#4); or
  - (C) the licensing of such [facility](/usc/42/11049.md?p=4) by the [State](#4), and the receipt by such [facility](/usc/42/11049.md?p=4), on behalf of [persons](#3) residing in such [facility](/usc/42/11049.md?p=4), of payments under title XVI, XVIII [[42 U.S.C. 1381](/usc/42/1381.md) et seq., 1395 et seq.], or under a [State](#4) plan approved under title XIX [[42 U.S.C. 1396](/usc/42/1396.md) et seq.], of the Social Security Act, constitutes the sole nexus between such [facility](/usc/42/11049.md?p=4) and such [State](#4);
- (3) The term “person” means an individual, a [trust](/usc/42/12854.md?p=6) or estate, a partnership, an association, or a [corporation](/usc/42/2296b–7.md?p=1);
- (4) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the [United States](/usc/42/403.md?p=k);
- (5) The term “legislative days” means any calendar day on which either House of Congress is in session.

## Source credit

(Pub. L. 96–247, § 2, May 23, 1980, 94 Stat. 349.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in par. (2)(B), (C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVI, XVIII, and XIX of the Social Security Act are classified generally to subchapters XVI (§ 1381 et seq.), XVIII (§ 1395 et seq.), and XIX (§ 1396 et seq.) of chapter 7 of this title, respectively. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Short Title

Pub. L. 96–247, § 1, May 23, 1980, 94 Stat. 349, provided: “That this Act [enacting this subchapter] may be cited as the ‘Civil Rights of Institutionalized Persons Act’.”