r/title-15-COMMERCE-AND-TRADE wiki — defined terms
The statute’s own glossary: every term Title 15 defines, in section order.
“reservoir” applies throughout its chapter
The term “reservoir” means any producible natural accumulation of natural gas, crude oil, or both, confined— (A) by impermeable rock or water barriers and characterized by a single natural pressure system; or (B) by lithologic or structural barriers which prevent pressure communication. (7) Completion location (A) General rule
“rollover contract” applies throughout its chapter
The term “rollover contract” means any contract, entered into on or after November 9, 1978 , for the first sale of natural gas that was previously subject to an existing contract which expired at the end of a fixed term (not including any extension thereof taking effect on or after November 9, 1978 ) specified by the provisions of such existing contract, as such contract was in effect on November 9, 1978 , whether or not there is an identity of parties or terms with those of such existing contract. (13) Existing contract
“sale” applies throughout its chapter
The term “sale” means any sale, exchange, or other transfer for value. (21) First sale (A) General rule
“State” applies throughout its chapter
The term “State” means each of the several States and the District of Columbia. (35) Outer Continental Shelf
“successor to an existing contract” applies throughout its chapter
The term “successor to an existing contract” means any contract, other than a rollover contract, entered into on or after November 9, 1978 , for the first sale of natural gas which was previously subject to an existing contract, whether or not there is an identity of parties or terms with those of such existing contract. (15) Interstate pipeline
“United States” applies throughout its chapter
The term “United States” means the several States and includes the Outer Continental Shelf. (34) State
“well” applies throughout its chapter
The term “well” means any well for the discovery or production of natural gas, crude oil, or both. (3) New well
“high-priority use” applies in that section
the term “high-priority use” means any— (1) use of natural gas in a residence; (2) use of natural gas in a commercial establishment in amounts less than 50 Mcf on a peak day; or (3) any use of natural gas the curtailment of which the President determines would endanger life, health, or maintenance of physical property.
“surplus natural gas” applies in that section
the term “surplus natural gas” means any natural gas which is determined, by the State agency having regulatory jurisdiction over the intrastate pipeline which would be entitled to receive such natural gas in the absence of any assignment to exceed the then current demands on such pipeline for natural gas.
“natural gas covered by this chapter” applies in that section
the term “natural gas covered by this chapter” means— (1) natural gas which is not committed or dedicated to interstate commerce as of November 8, 1978 ; (2) natural gas, the sale in interstate commerce of which— (A) is authorized under section 3362(a) or 3371(b) of this title; or (B) is pursuant to an assignment under section 3372(a) of this title ; and, (3) natural gas, the transportation in interstate commerce of which is— (A) pursuant to any order under section 3362(c) or section 3363(b), (c), (d), or (h) of this title; or (B) authorized by the Commission under section 3371(a) of this title .
“high-priority user” applies in that section
The term “high-priority user” means any person who— (A) uses natural gas in a residence; (B) uses natural gas in a commercial establishment in amounts of less than 50 Mcf on a peak day; (C) uses natural gas in any school, hospital, or similar institution; or (D) uses natural gas in any other use the curtailment of which the Secretary of Energy determines would endanger life, health, or maintenance of physical property.
“essential industrial process or feedstock use” applies in that section
The term “essential industrial process or feedstock use” means any use of natural gas in an industrial process or as a feedstock which the Secretary determines is essential. (2) High-priority user
“high-priority user” applies in that section
The term “high-priority user” has the same meaning as given such term in section 3391(f)(2) of this title .
“knowing” applies in that section
the term “knowing” means the having of— (i) actual knowledge; or (ii) the constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances. (C) Each day separate violation For purposes of this paragraph, in the case of a continuing violation, each day of violation shall constitute a separate violation. (D) Statute of limitations No person shall be subject to any civil penalty under this paragraph with respect to any violation occurring more than 3 years before the date on which such person is provided notice of the proposed penalty under subparagraph (E).
“antitrust law” applies throughout its chapter
the term “antitrust law” means the Sherman Act ( 15 U.S.C. 1 et seq.), the Clayton Act ( 15 U.S.C. 12 et seq.), and the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.).
“digital and wireless networking technology” applies in that section
The term “digital and wireless networking technology” means computer and communications equipment and software that facilitates the transmission of information in a digital format. (B) Eligible institution
“eligible institution” applies in that section
The term “eligible institution” means an institution that is— (i) a part B institution, as defined in section 1061(2) of title 20 , an institution identified in subparagraph (A), (B), or (C) of section 1063b(e)(1) of title 20 , or a consortium of institutions described in this clause; (ii) a Hispanic-serving institution, as defined in section 1101a(a)(5) of title 20 ; (iii) a Tribal College or University, as defined in section 1059c(b)(3) of title 20 ; (iv) an Alaska Native-serving institution, as defined in section 1059d(b) of title 20 ; (v) a Native Hawaiian-serving institution, as defined in section 1059d(b) of title 20 ; (vi) a Predominately Black Institution, as defined in section …
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given the term in section 1001 of title 20 . (D) Local educational agency
“local educational agency” applies in that section
The term “local educational agency” has the meaning given the term in section 7801 of title 20 . (E) Minority business
“minority business” applies in that section
The term “minority business” includes HUBZone small business concerns (as defined in section 632(p) 1 of this title). (F) Minority individual
“minority individual” applies in that section
The term “minority individual” means an American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), or Pacific Islander individual. (G) State
“State” applies in that section
The term “State” has the meaning given the term in section 7801 of title 20 . (H) State educational agency
“State educational agency” applies in that section
The term “State educational agency” has the meaning given the term in section 7801 of title 20 .
“net revenues” applies in that section
the term “net revenues” means the excess of revenues and receipts from any source, other than royalties and other income described in section 13(a)(4) 2 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710c(a)(4) ), over operating expenses. (4) Omitted. (b) Director of the Service The management of the Service shall be vested in a Director who shall report to the Director of the National Institute of Standards and Technology and the Secretary of Commerce. (c) Advisory Board (1) There is established the Advisory Board of the National Technical Information Service, which shall be composed of a chairman and four other members appointed by the Secretary.
“cooperative research and development agreement” applies in that section
the term “cooperative research and development agreement” means any agreement between one or more Federal laboratories and one or more non-Federal parties under which the Government, through its laboratories, provides personnel, services, facilities, equipment, intellectual property, or other resources with or without reimbursement (but not funds to non-Federal parties) and the non-Federal parties provide funds, personnel, services, facilities, equipment, intellectual property, or other resources toward the conduct of specified research or development efforts which are consistent with the missions of the laboratory; except that such term does not include a procurement contract or …
“joint work statement” applies in that section
the term “joint work statement” means a proposal prepared for a Federal agency by the director of a Government-owned, contractor-operated laboratory describing the purpose and scope of a proposed cooperative research and development agreement, and assigning rights and responsibilities among the agency, the laboratory, and any other party or parties to the proposed agreement; and;
“laboratory” applies in that section
the term “laboratory” means— (A) a facility or group of facilities owned, leased, or otherwise used by a Federal agency, a substantial purpose of which is the performance of research, development, or engineering by employees of the Federal Government; (B) a group of Government-owned, contractor-operated facilities (including a weapon production facility of the Department of Energy) under a common contract, when a substantial purpose of the contract is the performance of research and development, or the production, maintenance, testing, or dismantlement of a nuclear weapon or its components, for the Federal Government; and (C) a Government-owned, contractor-operated facility (including a …
“weapon production facility of the Department of Energy” applies in that section
the term “weapon production facility of the Department of Energy” means a facility under the control or jurisdiction of the Secretary of Energy that is operated for national security purposes and is engaged in the production, maintenance, testing, or dismantlement of a nuclear weapon or its components. (e) Determination of laboratory missions For purposes of this section, an agency shall make separate determinations of the mission or missions of each of its laboratories. (f) Relationship to other laws Nothing in this section is intended to limit or diminish existing authorities of any agency.
“partnership intermediary” applies in that section
the term “partnership intermediary” means an agency of a State or local government, or a nonprofit entity owned in whole or in part by, chartered by, funded in whole or in part by, or operated in whole or in part by or on behalf of a State or local government, that assists, counsels, advises, evaluates, or otherwise cooperates with small business firms, institutions of higher education as defined in section 1141(a) 1 of title 20, or educational institutions within the meaning of section 2194 of title 10 , that need or can make demonstrably productive use of technology-related assistance from a Federal laboratory, including State programs receiving funds under cooperative agreements entered …
“agency” applies in that section
The term “agency” means a Federal agency. (2) Director
“Director” applies in that section
The term “Director” means the Director of the Office of Science and Technology Policy. (3) Federal agency
“Federal agency” applies in that section
The term “Federal agency” has the meaning given under section 3703 of this title , except that term shall not include any agency of the legislative branch of the Federal Government. (4) Head of an agency
“head of an agency” applies in that section
The term “head of an agency” means the head of a Federal agency. (b) In general Each head of an agency, or the heads of multiple agencies in cooperation, may carry out a program to award prizes competitively to stimulate innovation that has the potential to advance the mission of the respective agency. (c) Prize competitions For purposes of this section, a prize competition may be 1 or more of the following types of activities: (1) A point solution prize that rewards and spurs the development of solutions for a particular, well-defined problem.
“related entity” applies in that section
the term “related entity” means a contractor or subcontractor at any tier, and a supplier, user, customer, cooperating party, grantee, investigator, or detailee. (B) Liability Registered participants shall be required to agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from their participation in a prize competition, whether the injury, death, damage, or loss arises through negligence or otherwise.
“cost” applies in that section
The term “cost” has the meaning given such term under section 661a of title 2 . (2) Innovative process
“innovative process” applies in that section
The term “innovative process” means a process that is significantly improved as compared to the process in general use in the commercial marketplace in the United States at the time the loan guarantee is issued. (3) Innovative technology
“innovative technology” applies in that section
The term “innovative technology” means a technology that is significantly improved as compared to the technology in general use in the commercial marketplace in the United States at the time the loan guarantee is issued. (4) Loan guarantee
“loan guarantee” applies in that section
The term “loan guarantee” has the meaning given such term in section 661a of title 2 . The term includes a loan guarantee commitment (as defined in section 661a of title 2 ). (5) Obligation
“obligation” applies in that section
The term “obligation” means the loan or other debt obligation that is guaranteed under this section. (6) Program
“program” applies in that section
The term “program” means the loan guarantee program established in subsection (a). (t) Authorization of appropriations There are authorized to be appropriated $20,000,000 for each of fiscal years 2011 through 2013 to provide the cost of loan guarantees under this section.
“eligible recipient” applies in that section
The term “eligible recipient” means— (A) a State; (B) an Indian tribe; (C) a city or other political subdivision of a State; (D) an entity that— (i) is a nonprofit organization, an institution of higher education, a public-private partnership, a science or research park, a Federal laboratory, a venture development organization, or an economic development organization or similar entity that is focused primarily on improving science, technology, innovation, or entrepreneurship; and (ii) has an application submitted under subsection (c)(4) that is supported by a State or a political subdivision of a State; or (E) a consortium of any of the entities described in subparagraphs (A) through (D).
“regional innovation initiative” applies in that section
The term “regional innovation initiative” means a geographically-bounded public or nonprofit activity or program to address issues in the local innovation systems in order to— (A) increase the success of innovation-driven industry; (B) strengthen the competitiveness of industry through new product innovation and new technology adoption; (C) improve the pace of market readiness and overall commercialization of innovative research; (D) enhance the overall innovation capacity and long-term resilience of the region; (E) leverage the region’s unique competitive strengths to stimulate innovation; and (F) increase the number of full-time equivalent employment opportunities within innovation-based …
“State” applies in that section
The term “State” means one of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States. (4) Venture development organization
“venture development organization” applies in that section
The term “venture development organization” means a State or nonprofit organization that contributes to regional or sector-based economic prosperity by providing services for the purposes of accelerating the commercialization of research. (b) Establishment The Secretary shall establish a regional innovation program to encourage and support the development of regional innovation strategies designed to increase innovation-driven economic opportunity within their respective regions.
“appropriate committees of Congress” applies in that section
The term “appropriate committees of Congress” means— (A) the Committee on Commerce, Science, and Transportation, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate; and (B) the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives. (2) Cooperative extension services
“community development financial institution” applies in that section
The term “community development financial institution” has the meaning given in section 4702 of title 12 . (6) Minority depository institution
“cooperative extension services” applies in that section
The term “cooperative extension services” has the meaning given the term in section 3103 of title 7 . (3) Site connectivity infrastructure
“low population State” applies in that section
The term “low population State” means a State without an urbanized area with a population greater than 250,000 as reported in the decennial census. (8) Small and rural communities
“minority depository institution” applies in that section
The term “minority depository institution” means an entity that is— (A) a minority depository institution, as defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1463 note); or (B) considered to be a minority depository institution by— (i) the appropriate Federal banking agency; or (ii) the National Credit Union Administration, in the case of an insured credit union. (7) Low population State
“site connectivity infrastructure” applies in that section
The term “site connectivity infrastructure” means localized driveways and access roads to a facility as well as hookups to the new facility for drinking water, waste water, broadband, and other basic infrastructure services already present in the area. (4) Venture development organization
“small and rural community” applies in that section
The term “small and rural community” means a noncore area, a micropolitan area, or a small metropolitan statistical area with a population of not more than 250,000. (b) Regional Technology and Innovation Hub Program (1) In general Subject to the availability of appropriations, the Secretary shall carry out a program— (A) to encourage new and constructive collaborations among local, State, Tribal, and Federal government entities, institutions of higher education, the private sector, economic development organizations, labor organizations, nonprofit organizations, and community organizations that promote broad-based regional innovation initiatives; (B) to support eligible consortia in the …
“venture development organization” applies in that section
The term “venture development organization” has the meaning given such term in section 3722(a) of this title . 1 (5) Community development financial institution
“eligible area” applies in that section
The term “eligible area” means either of the following: (A) A local labor market that— (i) has a prime-age employment gap equal to not less than 2.5 percent; and (ii) meets additional criteria as the Secretary may establish. (B) A local community that— (i) has a prime-age employment gap equal to not less than 5 percent; (ii) is not located within an eligible local labor market that meets the criteria described in subparagraph (A); (iii) has a median annual household income of not more than $75,000; and (iv) meets additional criteria as the Secretary may establish. (2) Eligible recipient
“eligible recipient” applies in that section
The term “eligible recipient” means a specified entity that has been authorized in a manner as determined by the Secretary to represent and act on behalf of an eligible area for the purposes of this section. (3) Local labor market
“local community” applies in that section
The term “local community” means the area served by a general-purpose unit of local government that is located within, but does not cover the entire area of, a local labor market that does not meet the criteria described in paragraph (1)(A). (5) Prime-age employment gap (A) In general
“local labor market” applies in that section
The term “local labor market” means any of the following areas that contains 1 or more specified entities described in subparagraphs (A) through (D) of paragraph (6) 1 : (A) A metropolitan statistical area or micropolitan statistical area, excluding any area described in subparagraph (C). (B) A commuting zone, excluding any areas described in subparagraphs (A) and (C). (C) The Tribal land with a Tribal prime-age population represented by a Tribal government. (4) Local community
“prime-age employment gap” applies in that section
The term “prime-age employment gap” means the difference (expressed as a percentage) between— (i) the national 5-year average prime-age employment rate; and (ii) the 5-year average prime-age employment rate of the eligible area. (B) Calculation For the purposes of subparagraph (A), an individual is prime-age if such individual between the ages of 25 years and 54 years. (6) Recompete plan
“recompete plan” applies in that section
The term “recompete plan” means a comprehensive multiyear economic development plan that— (A) includes— (i) proposed programs and activities to be carried out with a grant awarded under subsection (c) to address the economic challenges of the eligible area in a comprehensive manner that promotes long-term, sustained economic growth, lasting job creation, per capita wage increases, and reduction in the prime-age employment gap of the eligible area; (ii) projected costs and annual expenditures and proposed disbursement schedule; (iii) the roles and responsibilities of specified entities that may receive grant funds awarded under subsection (c); and (iv) other information as the Secretary …
“specified entity” applies in that section
The term “specified entity” means— (A) a unit of local government; (B) the District of Columbia; (C) a territory of the United States; (D) a Tribal government; (E) political subdivision of a State or other entity, including a special-purpose entity engaged in economic development activities; (F) a public entity or nonprofit organization, acting in cooperation with the officials of a political subdivision of a State or other entity described in subparagraph (E); (G) an economic development district (as defined in section 3122 of title 42 ); and (H) a consortium of any of the specified entities described in this paragraph which serve or are contained within the same eligible area.
“Tribal land” applies in that section
The term “Tribal land” means any land— (A) located within the boundaries of an Indian reservation, pueblo, or rancheria; or (B) not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community.
“eligible recipient” applies in that section
the term “eligible recipient” means— (1) a State; (2) an Indian tribe; (3) a city or other political subdivision of a State; (4) an entity that— (A) is a nonprofit organization, an institution of higher education, a public-private partnership, a science or research park, a Federal laboratory, or an economic development organization or similar entity; and (B) has an application that is supported by a State, a political subdivision of a State, or a native organization; or (5) a consortium of any of the entities described in paragraphs (1) through (5).
“citizen science” applies in that section
The term “citizen science” means a form of open collaboration in which individuals or organizations participate voluntarily in the scientific process in various ways, including— (A) enabling the formulation of research questions; (B) creating and refining project design; (C) conducting scientific experiments; (D) collecting and analyzing data; (E) interpreting the results of data; (F) developing technologies and applications; (G) making discoveries; and (H) solving problems. (2) Crowdsourcing
“crowdsourcing” applies in that section
The term “crowdsourcing” means a method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, especially from an online community. (3) Participant
“participant” applies in that section
The term “participant” means any individual or other entity that has volunteered in a crowdsourcing or citizen science project under this section. (d) Crowdsourcing and citizen science (1) In general The head of each Federal science agency, or the heads of multiple Federal science agencies working cooperatively, may utilize crowdsourcing and citizen science to conduct projects designed to advance the mission of the respective Federal science agency or the joint mission of Federal science agencies, as applicable.
“methane” applies throughout its chapter
the term “methane” means either natural gas (as defined in section 3301(1) of this title ), gas derived from coal, liquefied natural gas, or any gaseous transportation fuel produced from biomass, waste products, and other renewable resources;
“private entities” applies throughout its chapter
the term “private entities” means any person, such as any organization incorporated under State law, for profit or not-for-profit, or a consortium of such organizations, but does not include public entities;
“public entities” applies throughout its chapter
the term “public entities” means any unit or units of State and/or local governments;
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of Energy;
“vehicle” applies throughout its chapter
the term “vehicle” means any truck, van, station wagon, bus, or car used on public roads or highways as well as off-road agricultural equipment, such as tractors, harvesters, and so forth, which presently burn gasoline or diesel fuel; and (f) the terms “facilities for the transmission and storage of methane”, “methane transmission, storage and dispensing facilities”, and any variant thereof means such facilities which are (1) directly necessary for the conduct of a demonstration, (2) for the exclusive use of a demonstration and (3) reasonably incidental to a demonstration.
“antitrust laws” applies throughout its subchapter
the term “antitrust laws” means the antitrust laws as defined in section 12(a) of this title , section 45 of this title to the extent that section 45 of this title applies to unfair methods of competition, and any State antitrust or unfair competition law. (b) The Secretary of Commerce may by regulation further define any term defined in subsection (a), in order to carry out this subchapter.
“export trade” applies throughout its subchapter
the term “export trade” means trade or commerce in goods or services produced in the United States which are exported, or in the course of being exported, from the United States to any other country;
“export trade services” applies throughout its subchapter
the term “export trade services” includes, but is not limited to, consulting, international market research, advertising, marketing, insurance, product research and design, legal assistance, transportation, including trade documentation and freight forwarding, communication and processing of foreign orders to and for exporters and foreign purchasers, warehousing, foreign exchange, financing, and taking title to goods, when provided in order to facilitate the export of goods or services produced in the United States;
“export trading company” applies throughout its subchapter
the term “export trading company” means a person, partnership, association, or similar organization, whether operated for profit or as a nonprofit organization, which does business under the laws of the United States or any State and which is organized and operated principally for purposes of— (A) exporting goods or services produced in the United States; or (B) facilitating the exportation of goods or services produced in the United States by unaffiliated persons by providing one or more export trade services;
“services” applies throughout its subchapter
the term “services” includes, but is not limited to, accounting, amusement, architectural, automatic data processing, business, communications, construction franchising and licensing, consulting, engineering, financial, insurance, legal, management, repair, tourism, training, and transportation services;
“State” applies throughout its subchapter
the term “State” means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands;
“United States” applies throughout its subchapter
the term “United States” means the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; and;
“antitrust laws” applies throughout its subchapter
the term “antitrust laws” means the antitrust laws, as such term is defined in section 12 of this title , and section 45 of this title (to the extent that section 45 of this title prohibits unfair methods of competition), and any State antitrust or unfair competition law;
“Attorney General” applies throughout its subchapter
the term “Attorney General” means the Attorney General of the United States or his designee.
“export trade” applies throughout its subchapter
the term “export trade” means trade or commerce in goods, wares, merchandise, or services exported, or in the course of being exported, from the United States or any territory thereof to any foreign nation;
“export trade activities” applies throughout its subchapter
the term “export trade activities” means activities or agreements in the course of export trade;
“methods of operation” applies throughout its subchapter
the term “methods of operation” means any method by which a person conducts or proposes to conduct export trade;
“person” applies throughout its subchapter
the term “person” means an individual who is a resident of the United States; a partnership that is created under and exists pursuant to the laws of any State or of the United States; a State or local government entity; a corporation, whether organized as a profit or nonprofit corporation, that is created under and exists pursuant to the laws of any State or of the United States; or any association or combination, by contract or other arrangement, between or among such persons;
“Secretary” applies throughout its subchapter
the term “Secretary” means the Secretary of Commerce or his designee, and;
“service” applies throughout its subchapter
the term “service” means intangible economic output, including, but not limited to— (A) business, repair, and amusement services, (B) management, legal, engineering, architectural, and other professional services, and (C) financial, insurance, transportation, informational and any other data-based services, and communication services;
“export promotion program” applies throughout its subchapter
the term “export promotion program” means any activity of the Department of Commerce designed to stimulate or assist United States businesses in marketing their goods and services abroad competitively with businesses from other countries, including, but not limited to— (1) trade development (except for the trade adjustment assistance program) and dissemination of foreign marketing opportunities and other marketing information to United States producers of goods and services, including the expansion of foreign markets for United States textiles and apparel and any other United States products; (2) the development of regional and multilateral economic policies which enhance United States …
“Arctic” applies throughout its chapter
the term “Arctic” means all United States and foreign territory north of the Arctic Circle and all United States territory north and west of the boundary formed by the Porcupine, Yukon, and Kuskokwim Rivers; all contiguous seas, including the Arctic Ocean and the Beaufort, Bering, and Chukchi Seas; and the Aleutian chain.
“antitrust laws” applies throughout its chapter
The term “antitrust laws” has the meaning given it in subsection (a) of section 12 of this title , except that such term includes section 45 of this title to the extent that such section 45 of this title applies to unfair methods of competition.;
“Attorney General” applies throughout its chapter
The term “Attorney General” means the Attorney General of the United States.;
“Commission” applies throughout its chapter
The term “Commission” means the Federal Trade Commission.;
“joint venture” applies throughout its chapter
The term “joint venture” means any group of activities, including attempting to make, making, or performing a contract, by two or more persons for the purpose of— (A) theoretical analysis, experimentation, or systematic study of phenomena or observable facts, (B) the development or testing of basic engineering techniques, (C) the extension of investigative findings or theory of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, prototypes, equipment, materials, and processes, (D) the production of a product, process, or service, (E) the testing in connection with the production …
“person” applies throughout its chapter
The term “person” has the meaning given it in subsection (a) of section 12 of this title .;
“standards development activity” applies throughout its chapter
The term “standards development activity” means any action taken by a standards development organization for the purpose of developing, promulgating, revising, amending, reissuing, interpreting, or otherwise maintaining a voluntary consensus standard, or using such standard in conformity assessment activities, including actions relating to the intellectual property policies of the standards development organization.;
“standards development organization” applies throughout its chapter
The term “standards development organization” means a domestic or international organization that plans, develops, establishes, or coordinates voluntary consensus standards using procedures that incorporate the attributes of openness, balance of interests, due process, an appeals process, and consensus in a manner consistent with the Office of Management and Budget Circular Number A–119, as revised February 10, 1998 . The term “standards development organization” shall not, for purposes of this chapter, include the parties participating in the standards development organization.;
“State” applies throughout its chapter
The term “State” has the meaning given it in section 15g(2) of this title .;
“technical standard” applies throughout its chapter
The term “technical standard” has the meaning given such term in section 12(d)(4) 1 of the National Technology Transfer and Advancement Act of 1995.;
“voluntary consensus standard” applies throughout its chapter
The term “voluntary consensus standard” has the meaning given such term in Office of Management and Budget Circular Number A–119, as revised February 10, 1998 . (b) The term “joint venture” excludes the following activities involving two or more persons: (1) exchanging information among competitors relating to costs, sales, profitability, prices, marketing, or distribution of any product, process, or service if such information is not reasonably required to carry out the purpose of such venture, (2) entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the marketing, distribution, or provision by any person who is a party to such venture …
“commerce” applies throughout its chapter
The term “commerce” means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island.
“package” applies throughout its chapter
The term “package” means a pack, box, carton, pouch, or container of any kind in which smokeless tobacco products are offered for sale, sold, or otherwise distributed to consumers.;
“sale or distribution” applies throughout its chapter
The term “sale or distribution” includes sampling or any other distribution not for sale.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Health and Human Services.
“smokeless tobacco” applies throughout its chapter
The term “smokeless tobacco” has the meaning given such term by section 387(18) of title 21 .;
“civil enforcement action” applies in that section
the term “civil enforcement action” means an administrative or judicial civil action by the Secretary under the Emergency Petroleum Allocation Act of 1973 [ 15 U.S.C. 751 et seq.] or the Economic Stabilization Act of 1970 (or the regulations issued thereunder) for the enforcement of any violation of such Acts or regulations.
“commencement of a civil enforcement action” applies in that section
the term “commencement of a civil enforcement action” means— (A) the signing and issuance of a proposed remedial order against any person for filing with the Office of Hearings and Appeals of the Department of Energy; or (B) the filing of a complaint with the appropriate district court of the United States. (3) For purposes of this section,
“energy conservation programs” applies throughout its chapter
The term “energy conservation programs” means— (A) the program under part A of the Energy Conservation and Existing Buildings Act of 1976 ( 42 U.S.C. 6861 and following); (B) the programs under part D of title III of the Energy Policy and Conservation Act (relating to primary and supplemental State energy conservation programs; 42 U.S.C. 6321 and following); (C) the program under part G of title III of the Energy Policy and Conservation Act (relating to energy conservation for schools and hospitals; 42 U.S.C. 6371 and following); and (D) the program under the National Energy Extension Service Act ( 42 U.S.C. 7001 and following).;
“person” applies throughout its chapter
The term “person” includes refiners, retailers, resellers, farmer cooperatives, transportation entities, public and private utilities, school districts, Federal, State, and local governmental entities, farmers, and other individuals and their successors.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Energy.;
“State” applies throughout its chapter
The term “State” means each of the several States, the District of Columbia, the commonwealth of Puerto Rico, and any territory or possession of the United States.
“subpart V regulations” applies throughout its chapter
The term “subpart V regulations” means the provisions of Subpart V—Special Procedures for Distribution of Refunds (10 CFR 205.280–205.288) and any amendment made after October 21, 1986 , and all precedents and decisions under such regulations, but only to the extent that such provisions, precedents, decisions, and amendments are consistent with the provisions of this chapter.;
“Council” applies throughout its subchapter
The terms “Semiconductor Technology Council” and “Council” mean the advisory council established by section 4603 of this title .;
“Sematech” applies throughout its subchapter
The term “Sematech” means a consortium of firms in the United States semiconductor industry established for the purposes of (A) conducting research concerning advanced semiconductor manufacturing techniques, and (B) developing techniques to adapt manufacturing expertise to a variety of semiconductor products.
“Semiconductor Technology Council” applies throughout its subchapter
The terms “Semiconductor Technology Council” and “Council” mean the advisory council established by section 4603 of this title .;
“appropriate committees of Congress” applies throughout its chapter
The term “appropriate committees of Congress” means— (A) the Select Committee on Intelligence, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and (B) the Permanent Select committee 1 on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on …
“covered entity” applies throughout its chapter
The term “covered entity” means a nonprofit entity, a private entity, a consortium of private entities, or a consortium of nonprofit, public, and private entities with a demonstrated ability to substantially finance, construct, expand, or modernize a facility relating to fabrication, assembly, testing, advanced packaging, production, or research and development of semiconductors, materials used to manufacture semiconductors, or semiconductor manufacturing equipment.
“critical manufacturing industry” applies throughout its chapter
The term “critical manufacturing industry”— (A) means an industry, industry group, or a set of related industries or related industry groups— (i) assigned a North American Industry Classification System code beginning with 31, 32, or 33; and (ii) for which the applicable industry group or groups in the North American Industry Classification System code cumulatively— (I) manufacture primary products and parts, the sum of which account for not less than 5 percent of the manufacturing value added by industry gross domestic product of the United States; and (II) employ individuals for primary products and parts manufacturing activities that, combined, account for not less than 5 percent of …
“foreign country of concern” applies throughout its chapter
The term “foreign country of concern” means— (A) a country that is a covered nation (as defined in section 4872(d) of title 10 ); and (B) any country that the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States.;
“foreign entity” applies throughout its chapter
The term “foreign entity”— (A) means— (i) a government of a foreign country and a foreign political party; (ii) a natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual (as such term is defined in section 1324b(a)(3) of title 8 ; or (iii) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; and (B) includes— (i) any person owned by, controlled by, or subject to the jurisdiction or direction of a an entity listed in subparagraph (A); (ii) any person, wherever located, who acts as an …
“foreign entity of concern” applies throughout its chapter
The term “foreign entity of concern” means any foreign entity that is— (A) designated as a foreign terrorist organization by the Secretary of State under section 1189 of title 8 ; (B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury; (C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is listed in section 2533c 3 of title 10; or (D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under— (i) chapter 37 of title 18 (commonly known as the “Espionage Act”) ( 18 U.S.C.
“governmental entity” applies throughout its chapter
The term “governmental entity” means a State or local government.;
“mature technology node” applies throughout its chapter
The term “mature technology node” has the meaning given the term by the Secretary.;
“nonprofit entity” applies throughout its chapter
The term “nonprofit entity” means an entity described in section 501(c)(3) of title 26 and exempt from taxation under section 501(a) of title 26 .;
“person” applies throughout its chapter
The term “person” includes an individual, partnership, association, corporation, organization, or any other combination of individuals.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Commerce.;
“semiconductor” applies throughout its chapter
The term “semiconductor” has the meaning given that term by the Secretary.
“legacy semiconductor” applies in that section
the term “legacy semiconductor”— (I) includes— (aa) a semiconductor technology that is of the 28 nanometer generation or older for logic; (bb) with respect to memory technology, analog technology, packaging technology, and any other relevant technology, any legacy generation of semiconductor technology relative to the generation described in item (aa), as determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence; and (cc) any additional semiconductor technology identified by the Secretary in a public notice issued under clause (ii); and (II) does not include a semiconductor that is critical to national security, as determined by the …
“semiconductor manufacturing” applies in that section
the term “semiconductor manufacturing”— (i) has the meaning given the term by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence; and (ii) includes front-end semiconductor fabrication.
“covered activity” applies in that section
The term “covered activity” means any activity relating to the construction, expansion, or modernization of a facility, the investment in which is eligible for Federal financial assistance under section 4652 or 4656 of this title. (2) NEPA
“lead agency” applies in that section
the term “lead agency” has the meaning given the term in section 111 of NEPA ( 42 U.S.C. 4336e ). (2) Option to serve as lead agency With respect to a covered activity that is a major Federal action under NEPA, and with respect to which the Department of Commerce is authorized or required by law to issue an authorization or take action for or relating to that covered activity, the Department of Commerce shall have the first right to serve as the lead agency with respect to that covered activity under NEPA.
“NEPA” applies in that section
The term “NEPA” means the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).
“prior studies and decisions” applies in that section
the term “prior studies and decisions” means baseline data, planning documents, studies, analyses, decisions, and documentation that a Federal agency has completed for a project (or that have been completed under the laws and procedures of a State or Indian Tribe), including for determining the reasonable range of alternatives for that project.
“Commercial Service” applies in that section
the term “Commercial Service” means the United States and Foreign Commercial Service;
“Secretary” applies in that section
the term “Secretary” means the Secretary of Commerce;
“small business” applies in that section
the term “small business” means any small business concern as defined under section 632 of this title ;
“State” applies in that section
the term “State” means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States; and;
“United States” applies in that section
the term “United States” means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
“United States exporter” applies in that section
the term “United States exporter” means— (A) a United States citizen; (B) a corporation, partnership, or other association created under the laws of the United States or of any State; or (C) a foreign corporation, partnership, or other association, more than 95 percent of which is owned by persons described in subparagraphs (A) and (B), that exports, or seeks to export, goods or services produced in the United States;
“State” applies in that section
the term “State” means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States; and;
“United States” applies in that section
the term “United States” means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
“United States exporter” applies in that section
the term “United States exporter” means— (A) a United States citizen, (B) a corporation, partnership, or other association created under the laws of the United States or of any State, or (C) a foreign corporation, partnership, or other association, more than 95 percent of which is owned by persons described in subparagraphs (A) and (B), that exports, or seeks to export, goods or services produced in the United States;
“small business” applies in that section
the term “small business” means any small business concern as defined under section 632 of this title .
“United States business” applies in that section
the term “United States business” means— (A) a United States citizen; (B) a corporation, partnership, or other association created under the laws of the United States or of any State (including the District of Columbia or any commonwealth, territory, or possession of the United States); or (C) a foreign corporation, partnership, or other association, more than 95 percent of which is owned by persons described in subparagraphs (A) and (B); and;
“United States person” applies in that section
the term “United States person” means— (1) a United States citizen; or (2) a corporation, partnership, or other association created under the laws of the United States or any State (including the District of Columbia or any commonwealth, territory, or possession of the United States).
“environmental business” applies in that section
the term “environmental business” means a business that produces environmental technologies, goods, or services.
“Council” applies throughout its chapter
the term “Council” means the Competitiveness Policy Council established under section 4802 of this title ;
“member” applies throughout its chapter
the term “member” means a member of the Competitiveness Policy Council;
“United States” applies throughout its chapter
the term “United States” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or possession of the United States; and (4) the term “agent of a foreign principal” is defined as such term is defined under subsection (d) of section 611 of title 22 subject to the provisions of section 613 of title 22 .
“Committee” applies throughout its chapter
the term “Committee” means the Interagency Trade Data Advisory Committee;
“Data Bank” applies throughout its chapter
the term “Data Bank” means the National Trade Data Bank;
“Executive agency” applies throughout its chapter
the term “Executive agency” has the same meaning as in section 105 of title 5 ;
“export promotion data system” applies throughout its chapter
the term “export promotion data system” means the data system known as the Commercial Information Management System which is maintained and operated by the United States and Foreign Commercial Service and is established as part of the Data Bank under section 4906 1 of this title;
“international economic data system” applies throughout its chapter
the term “international economic data system” means the data system established as part of the Data Bank under section 4906 of this title which contains data useful to policymakers and analysis concerned with international economics; and;