r/title-15-COMMERCE-AND-TRADE wiki — defined terms
The statute’s own glossary: every term Title 15 defines, in section order.
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of Commerce.
“look-alike firearm” applies in that section
the term “look-alike firearm” means any imitation of any original firearm which was manufactured, designed, and produced since 1898, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. Such term does not include any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional B–B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure.
“domestic company” applies throughout its chapter
the term “domestic company” means a company which is substantially involved in the United States domestic production, processing, or use of steel, aluminum, copper, or other metals and has a substantial percentage of its operations located within the United States;
“management plan” applies throughout its chapter
the terms “management plan” and “plan” mean the Steel Initiative Management Plan issued on April 1, 1987 , by the Department of Energy, which establishes the management framework for the steel research and development initiative, and updates to that plan; and;
“plan” applies throughout its chapter
the terms “management plan” and “plan” mean the Steel Initiative Management Plan issued on April 1, 1987 , by the Department of Energy, which establishes the management framework for the steel research and development initiative, and updates to that plan; and;
“research plan” applies throughout its chapter
the term “research plan” means the Steel Initiative Research Plan issued in April 1988 by the Department of Energy, and updates to that plan.
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of Energy;
“Department” applies throughout its subchapter
The term “Department” means the Department of Energy. (2) Exascale computing
“exascale computing” applies throughout its subchapter
The term “exascale computing” means computing through the use of a computing machine that performs near or above 10 to the 18th power operations per second. (3) High-end computing system
“high-end computing system” applies throughout its subchapter
The term “high-end computing system” means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications. (4) Leadership System
“institution of higher education” applies throughout its subchapter
The term “institution of higher education” has the meaning given the term in section 1001(a) of title 20 . (6) Secretary
“Leadership System” applies throughout its subchapter
The term “Leadership System” means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems. (5) Institution of higher education
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Energy.
“attorney general” applies throughout its subchapter
The term “attorney general” means the chief legal officer of a State.;
“Commission” applies throughout its subchapter
The term “Commission” means the Federal Trade Commission.
“pay-per-call services” applies throughout its subchapter
The term “pay-per-call services” has the meaning provided in section 228(i) of title 47 , except that the Commission by rule may, notwithstanding subparagraphs (B) and (C) of section 228(i)(1) of title 47 , extend such definition to other similar services providing audio information or audio entertainment if the Commission determines that such services are susceptible to the unfair and deceptive practices that are prohibited by the rules prescribed pursuant to section 5711(a) of this title .;
“State” applies throughout its subchapter
The term “State” means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, and any territory or possession of the United States.;
“Commission” applies throughout its subchapter
The term “Commission” means the Federal Trade Commission.;
“customer” applies throughout its subchapter
The term “customer” means any person who acquires or attempts to acquire goods or services in a telephone-billed purchase.
“providing carrier” applies throughout its subchapter
The term “providing carrier” means a local exchange or interexchange common carrier providing telephone services (other than local exchange services) to a vendor for a telephone-billed purchase that is the subject of a billing error complaint.;
“telephone-billed purchase” applies throughout its subchapter
The term “telephone-billed purchase” means any purchase that is completed solely as a consequence of the completion of the call or a subsequent dialing, touch tone entry, or comparable action of the caller.
“vendor” applies throughout its subchapter
The term “vendor” means any person who, through the use of the telephone, offers goods or services for a telephone-billed purchase.;
“armored car company” applies throughout its chapter
The term “armored car company” means a company— (A) subject to regulation under subchapter I of chapter 135 of title 49; and (B) is 1 registered under chapter 139 of such title, in order to engage in the business of transporting and protecting currency, bullion, securities, precious metals, supplemental nutrition assistance program benefits, and other articles of unusual value in interstate commerce.;
“armored car crew member” applies throughout its chapter
The term “armored car crew member” means an individual who provides protection for goods transported by an armored car company.;
“State” applies throughout its chapter
The term “State” means any State of the United States or the District of Columbia.
“approved bicycle helmet” applies throughout its chapter
the term “approved bicycle helmet” means a bicycle helmet that meets— (1) any interim standard described in section 6004(b) of this title , pending establishment of a final standard under section 6004(c) of this title ; and (2) the final standard, once it is established under section 6004(c) of this title .
“broker” applies in that section
the terms “broker”, “dealer”, “transfer agent”, “municipal securities dealer”, “municipal securities broker”, “government securities broker”, and “government securities dealer” have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of section 78c(a) of this title ;
“dealer” applies in that section
the terms “broker”, “dealer”, “transfer agent”, “municipal securities dealer”, “municipal securities broker”, “government securities broker”, and “government securities dealer” have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of section 78c(a) of this title ;
“government securities broker” applies in that section
the terms “broker”, “dealer”, “transfer agent”, “municipal securities dealer”, “municipal securities broker”, “government securities broker”, and “government securities dealer” have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of section 78c(a) of this title ;
“government securities dealer” applies in that section
the terms “broker”, “dealer”, “transfer agent”, “municipal securities dealer”, “municipal securities broker”, “government securities broker”, and “government securities dealer” have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of section 78c(a) of this title ;
“investment adviser” applies in that section
the term “investment adviser” has the meaning given such term by section 80b–2(a)(11) of this title ; and;
“investment company” applies in that section
the term “investment company” has the meaning given such term by section 80a–3(a) of this title . (e) Commodity Futures Trading Commission rules (1) Application The rules promulgated by the Federal Trade Commission under subsection (a) shall not apply to persons described in section 9b(1) of title 7 . (2) Omitted
“municipal securities broker” applies in that section
the terms “broker”, “dealer”, “transfer agent”, “municipal securities dealer”, “municipal securities broker”, “government securities broker”, and “government securities dealer” have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of section 78c(a) of this title ;
“municipal securities dealer” applies in that section
the terms “broker”, “dealer”, “transfer agent”, “municipal securities dealer”, “municipal securities broker”, “government securities broker”, and “government securities dealer” have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of section 78c(a) of this title ;
“transfer agent” applies in that section
the terms “broker”, “dealer”, “transfer agent”, “municipal securities dealer”, “municipal securities broker”, “government securities broker”, and “government securities dealer” have the meanings given such terms by paragraphs (4), (5), (25), (30), (31), (43), and (44) of section 78c(a) of this title ;
“attorney general” applies throughout its chapter
The term “attorney general” means the chief legal officer of a State.;
“Commission” applies throughout its chapter
The term “Commission” means the Federal Trade Commission.;
“State” applies throughout its chapter
The term “State” means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, and any territory or possession of the United States.;
“telemarketing” applies throughout its chapter
The term “telemarketing” means a plan, program, or campaign which is conducted to induce purchases of goods or services, or a charitable contribution, donation, or gift of money or any other thing of value, by use of one or more telephones and which involves more than one interstate telephone call.
“annual period” applies in that section
the term “annual period” means the 12-month period beginning on the first day of the month in which a person pays the fee described in paragraph (1). (c) Additional fees (1) In general The Commission shall charge a person required to pay an annual fee under subsection (b) an additional fee for each additional area code of data the person wishes to access during that person’s annual period.
“baseline CPI” applies in that section
The term “baseline CPI” means the CPI for the 12-month period ending June 30, 2008 . (e) Prohibition against fee sharing No person may enter into or participate in an arrangement (as such term is used in section 310.8(c) of the Commission’s regulations (16 C.F.R. 310.8(c))) to share any fee required by subsection (b) or (c), including any arrangement to divide the costs to access the registry among various clients of a telemarketer or service provider.
“CPI” applies in that section
The term “CPI” means the average of the monthly consumer price index (for all urban consumers published by the Department of Labor). (B) Baseline CPI
“antitrust evidence” applies throughout its chapter
The term “antitrust evidence” means information, testimony, statements, documents, or other things that are obtained in anticipation of, or during the course of, an investigation or proceeding under any of the Federal antitrust laws or any of the foreign antitrust laws.;
“antitrust mutual assistance agreement” applies throughout its chapter
The term “antitrust mutual assistance agreement” means a written agreement, or written memorandum of understanding, that is entered into by the United States and a foreign state or regional economic integration organization (with respect to the foreign antitrust authorities of such foreign state or such organization, and such other governmental entities of such foreign state or such organization as the Attorney General and the Commission jointly determine may be necessary in order to provide the assistance described in subparagraph (A)), or jointly by the Attorney General and the Commission and a foreign antitrust authority, for the purpose of conducting investigations under section 6202 of …
“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.;
“Federal antitrust laws” applies throughout its chapter
The term “Federal antitrust laws” has the meaning given the term “antitrust laws” in subsection (a) of section 12 of this title but also includes section 45 of this title to the extent that such section 45 applies to unfair methods of competition.;
“foreign antitrust authority” applies throughout its chapter
The term “foreign antitrust authority” means a governmental entity of a foreign state or of a regional economic integration organization that is vested by such state or such organization with authority to enforce the foreign antitrust laws of such state or such organization.;
“foreign antitrust laws” applies throughout its chapter
The term “foreign antitrust laws” means the laws of a foreign state, or of a regional economic integration organization, that are substantially similar to any of the Federal antitrust laws and that prohibit conduct similar to conduct prohibited under the Federal antitrust laws.;
“person” applies throughout its chapter
The term “person” has the meaning given such term in subsection (a) of section 12 of this title .;
“regional economic integration organization” applies throughout its chapter
The term “regional economic integration organization” means an organization that is constituted by, and composed of, foreign states, and on which such foreign states have conferred sovereign authority to make decisions that are binding on such foreign states, and that are directly applicable to and binding on persons within such foreign states, including the decisions with respect to— (A) administering or enforcing the foreign antitrust laws of such organization, and (B) prohibiting and regulating disclosure of information that is obtained by such organization in the course of administering or enforcing such laws.
“boxer” applies throughout its chapter
The term “boxer” means an individual who fights in a professional boxing match. (2) Boxing commission (A) 1
“boxer registry” applies throughout its chapter
The term “boxer registry” means any entity certified by the Association of Boxing Commissions for the purposes of maintaining records and identification of boxers. (4) Licensee
“boxing commission” applies throughout its chapter
The term “boxing commission” means an entity authorized under State law to regulate professional boxing matches. (3) Boxer registry
“boxing service provider” applies throughout its chapter
The term “boxing service provider” means a promoter, manager, sanctioning body, licensee, or matchmaker. (13) Contract provision
“contract provision” applies throughout its chapter
The term “contract provision” means any legal obligation between a boxer and a boxing service provider. (14) Sanctioning organization
“effective date of the contract” applies throughout its chapter
The term “effective date of the contract” means the day upon which a boxer becomes legally bound by the contract. (12) Boxing service provider
“licensee” applies throughout its chapter
The term “licensee” means an individual who serves as a trainer, second, or cut man for a boxer. (5) Manager
“manager” applies throughout its chapter
The term “manager” means a person who receives compensation for service as an agent or representative of a boxer. (6) Matchmaker
“matchmaker” applies throughout its chapter
The term “matchmaker” means a person that proposes, selects, and arranges the boxers to participate in a professional boxing match. (7) Physician
“physician” applies throughout its chapter
The term “physician” means a doctor of medicine legally authorized to practice medicine by the State in which the physician performs such function or action. (8) Professional boxing match
“professional boxing match” applies throughout its chapter
The term “professional boxing match” means a boxing contest held in the United States between individuals for financial compensation. Such term does not include a boxing contest that is regulated by an amateur sports organization. (9) Promoter
“promoter” applies throughout its chapter
The term “promoter” means the person primarily responsible for organizing, promoting, and producing a professional boxing match. The term “promoter” does not include a hotel, casino, resort, or other commercial establishment hosting or sponsoring a professional boxing match unless— (A) the hotel, casino, resort, or other commercial establishment is primarily responsible for organizing, promoting, and producing the match; and (B) there is no other person primarily responsible for organizing, promoting, and producing the match. (10) State
“sanctioning organization” applies throughout its chapter
The term “sanctioning organization” means an organization that sanctions professional boxing matches in the United States— (A) between boxers who are residents of different States; or (B) that are advertised, otherwise promoted, or broadcast (including closed circuit television) in interstate commerce. (15) Suspension
“State” applies throughout its chapter
The term “State” means each of the 50 States, Puerto Rico, the District of Columbia, and any territory or possession of the United States, including the Virgin Islands. (11) Effective date of the contract
“suspension” applies throughout its chapter
The term “suspension” includes within its meaning the revocation of a boxing license.
“Indian tribe” applies in that section
The term “Indian tribe” has the same meaning as in section 5304(e) of title 25 . (2) Reservation
“reservation” applies in that section
The term “reservation” means the geographically defined area over which a tribal organization exercises governmental jurisdiction. (3) Tribal organization
“tribal organization” applies in that section
The term “tribal organization” has the same meaning as in section 5304( l ) of title 25. (b) Requirements (1) In general Notwithstanding any other provision of law, a tribal organization of an Indian tribe may, upon the initiative of the tribal organization— (A) regulate professional boxing matches held within the reservation under the jurisdiction of that tribal organization; and (B) carry out that regulation or enter into a contract with a boxing commission to carry out that regulation.
“Council” applies throughout its chapter
the term “Council” means a Propane Education and Research Council created pursuant to section 6403 of this title ;
“industry” applies throughout its chapter
the term “industry” means those persons involved in the production, transportation, and sale of propane, and in the manufacture and distribution of propane utilization equipment, in the United States;
“industry trade association” applies throughout its chapter
the term “industry trade association” means an organization exempt from tax, under section 501(c)(3) or (6) of title 26, representing the propane industry;
“odorized propane” applies throughout its chapter
the term “odorized propane” means propane which has had odorant added to it;
“producer” applies throughout its chapter
the term “producer” means the owner of propane at the time it is recovered at a gas processing plant or refinery;
“propane” applies throughout its chapter
the term “propane” means a hydrocarbon whose chemical composition is predominantly C 3 H 8 , whether recovered from natural gas or crude oil, and includes liquefied petroleum gases and mixtures thereof;
“public member” applies throughout its chapter
the term “public member” means a member of the Council, other than a representative of producers or retail marketers, representing significant users of propane, public safety officials, academia, the propane research community, or other groups knowledgeable about propane;
“qualified industry organization” applies throughout its chapter
the term “qualified industry organization” means the National Propane Gas Association, the Gas Processors Association, a successor association of such associations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States;
“retail marketer” applies throughout its chapter
the term “retail marketer” means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to retail propane dispensers;
“retail propane dispenser” applies throughout its chapter
the term “retail propane dispenser” means a person who sells odorized propane to the ultimate consumer but is not engaged primarily in the business of such sales; and;
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of Energy.
“child” applies throughout its chapter
The term “child” means an individual under the age of 13. (2) Operator
“Commission” applies throughout its chapter
The term “Commission” means the Federal Trade Commission. (4) Disclosure
“disclosure” applies throughout its chapter
The term “disclosure” means, with respect to personal information— (A) the release of personal information collected from a child in identifiable form by an operator for any purpose, except where such information is provided to a person other than the operator who provides support for the internal operations of the website and does not disclose or use that information for any other purpose; and (B) making personal information collected from a child by a website or online service directed to children or with actual knowledge that such information was collected from a child, publicly available in identifiable form, by any means including by a public posting, through the Internet, or through— …
“Federal agency” applies throughout its chapter
The term “Federal agency” means an agency, as that term is defined in section 551(1) of title 5 . (6) Internet
“Internet” applies throughout its chapter
The term “Internet” means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (7) Parent
“online contact information” applies in that section
The term “online contact information” means an e-mail address or another substantially similar identifier that permits direct contact with a person online.
“operator” applies throughout its chapter
The term “operator”— (A) means any person who operates a website located on the Internet or an online service and who collects or maintains personal information from or about the users of or visitors to such website or online service, or on whose behalf such information is collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce— (i) among the several States or with 1 or more foreign nations; (ii) in any territory of the United States or in the District of Columbia, or between any such territory and— (I) another such territory; or …
“parent” applies throughout its chapter
The term “parent” includes a legal guardian. (8) Personal information
“person” applies in that section
The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity. (12) Online contact information
“personal information” applies throughout its chapter
The term “personal information” means individually identifiable information about an individual collected online, including— (A) a first and last name; (B) a home or other physical address including street name and name of a city or town; (C) an e-mail address; (D) a telephone number; (E) a Social Security number; (F) any other identifier that the Commission determines permits the physical or online contacting of a specific individual; or (G) information concerning the child or the parents of that child that the website collects online from the child and combines with an identifier described in this paragraph. (9) Verifiable parental consent
“verifiable parental consent” applies in that section
The term “verifiable parental consent” means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child receives notice of the operator’s personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child. (10) Website or online service directed to children (A) In general
“website or online service directed to children” applies in that section
The term “website or online service directed to children” means— (i) a commercial website or online service that is targeted to children; or (ii) that portion of a commercial website or online service that is targeted to children. (B) Limitation A commercial website or online service, or a portion of a commercial website or online service, shall not be deemed directed to children solely for referring or linking to a commercial website or online service directed to children by using information location tools, including a directory, index, reference, pointer, or hypertext link. (11) Person
“Commission” applies throughout its chapter
The term “Commission” means the Federal Trade Commission. (2) Internet
“Internet” applies throughout its chapter
The term “Internet” means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor successor 1 protocols to such protocol, to communicate information of all kinds by wire or radio.
“alternative dispute resolution” applies throughout its chapter
The term “alternative dispute resolution” means any process or proceeding, other than adjudication by a court or in an administrative proceeding, to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration.
“contract” applies throughout its chapter
The term “contract” means a contract, tariff, license, or warranty. (8) Alternative dispute resolution
“government entity” applies throughout its chapter
The term “government entity” means an agency, instrumentality, or other entity of Federal, State, or local government (including multijurisdictional agencies, instrumentalities, and entities). (4) Material defect
“material defect” applies throughout its chapter
The term “material defect” means a defect in any item, whether tangible or intangible, or in the provision of a service, that substantially prevents the item or service from operating or functioning as designed or according to its specifications. The term “material defect” does not include a defect that— (A) has an insignificant or de minimis effect on the operation or functioning of an item or computer program; (B) affects only a component of an item or program that, as a whole, substantially operates or functions as designed; or (C) has an insignificant or de minimis effect on the efficacy of the service provided. (5) Personal injury
“personal injury” applies throughout its chapter
The term “personal injury” means physical injury to a natural person, including— (A) death as a result of a physical injury; and (B) mental suffering, emotional distress, or similar injuries suffered by that person in connection with a physical injury. (6) State
“State” applies throughout its chapter
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States, and any political subdivision thereof. (7) Contract
“Y2K action” applies throughout its chapter
The term “Y2K action”— (A) means a civil action commenced in any Federal or State court, or an agency board of contract appeal proceeding, in which the plaintiff’s alleged harm or injury arises from or is related to an actual or potential Y2K failure, or a claim or defense arises from or is related to an actual or potential Y2K failure; (B) includes a civil action commenced in any Federal or State court by a government entity when acting in a commercial or contracting capacity; but (C) does not include an action brought by a government entity acting in a regulatory, supervisory, or enforcement capacity. (2) Y2K failure
“Y2K failure” applies throughout its chapter
The term “Y2K failure” means failure by any device or system (including any computer system and any microchip or integrated circuit embedded in another device or product), or any software, firmware, or other set or collection of processing instructions to process, to calculate, to compare, to sequence, to display, to store, to transmit, or to receive year-2000 date-related data, including failures— (A) to deal with or account for transitions or comparisons from, into, and between the years 1999 and 2000 accurately; (B) to recognize or accurately to process any specific date in 1999, 2000, or 2001; or (C) accurately to account for the year 2000’s status as a leap year, including recognition …
“consumer” applies in that section
The term “consumer” means a natural person.;
“defendant” applies in that section
The term “defendant” includes a State or local government. (ii) State
“local government” applies in that section
The term “local government” means— (I) any county, city, town, township, parish, village, or other general purpose political subdivision of a State; and (II) any combination of political subdivisions described in subclause (I) recognized by the Secretary of Housing and Urban Development. (B) Y2K upset
“residential mortgage” applies in that section
The term “residential mortgage” has the meaning given the term “federally related mortgage loan” under section 2602 of title 12 .;
“servicer” applies in that section
The term “servicer” means the person, including any successor, responsible for receiving any scheduled periodic payments from a consumer pursuant to the terms of a residential mortgage, including amounts for any escrow account, and for making the payments of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the mortgage. Such term includes the person, including any successor, who makes or holds a loan if such person also services the loan.
“State” applies in that section
The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (iii) Local government
“Y2K upset” applies in that section
The term “Y2K upset”— (i) means an exceptional temporary noncompliance with applicable federally enforceable measurement, monitoring, or reporting requirements directly related to a Y2K failure that are beyond the reasonable control of the defendant charged with compliance; and (ii) does not include— (I) noncompliance with applicable federally enforceable measurement, monitoring, or reporting requirements that constitutes or would create an imminent threat to public health, safety, or the environment; (II) noncompliance with applicable federally enforceable measurement, monitoring, or reporting requirements that provide for the safety and soundness of the banking or monetary system, or for …
“class action” applies in that section
The term “class action” means— (aa) a single lawsuit in which: (1) damages are sought on behalf of more than 10 persons or prospective class members; or (2) one or more named parties seek to recover damages on a representative basis on behalf of themselves and other unnamed parties similarly situated; or (bb) any group of lawsuits filed in or pending in the same court in which: (1) damages are sought on behalf of more than 10 persons; and (2) the lawsuits are joined, consolidated, or otherwise proceed as a single action for any purpose.;
“consumer” applies in that section
The term “consumer” means an individual who acquires a consumer product for purposes other than resale.;
“consumer product” applies in that section
The term “consumer product” means any personal property or service which is normally used for personal, family, or household purposes. (2) Special right of contribution To the extent that a defendant is required to make an additional payment under paragraph (1), that defendant may recover contribution— (A) from the defendant originally liable to make the payment; (B) from any other defendant that is jointly and severally liable; (C) from any other defendant held proportionately liable who is liable to make the same payment and has paid less than that other defendant’s proportionate share of that payment; or (D) from any other person responsible for the conduct giving rise to the payment …
“economic loss” applies in that section
the term “economic loss” means amounts awarded to compensate an injured party for any loss, and includes amounts awarded for damages such as— (1) lost profits or sales; (2) business interruption; (3) losses indirectly suffered as a result of the defendant’s wrongful act or omission; (4) losses that arise because of the claims of third parties; (5) losses that must be pled as special damages; and (6) consequential damages (as defined in the Uniform Commercial Code or analogous State commercial law).
“agency” applies in that section
the term “agency” means any executive agency, as defined in section 105 of title 5 , that has the authority to impose civil penalties on small business concerns;
“first-time violation” applies in that section
the term “first-time violation” means a violation by a small business concern of a federally enforceable rule or regulation (other than a Federal rule or regulation that relates to the safety and soundness of the banking or monetary system or for the integrity of the National Securities markets, including protection of depositors and investors) caused by a Y2K failure if that Federal rule or regulation had not been violated by that small business concern within the preceding 3 years; and;
“small business concern” applies in that section
the term “small business concern” has the same meaning as a defendant described in section 6604(b)(2)(B) of this title . (b) Establishment of liaisons Not later than 30 days after July 20, 1999 , each agency shall— (1) establish a point of contact within the agency to act as a liaison between the agency and small business concerns with respect to problems arising out of Y2K failures and compliance with Federal rules or regulations; and (2) publish the name and phone number of the point of contact for the agency in the Federal Register. (c) General rule Subject to subsections (d) and (e), no agency shall impose any civil money penalty on a small business concern for a first-time violation.
“affiliate” applies in that section
The term “affiliate” means any company that controls, is controlled by, or is under common control with another company. (2) Antitrust laws
“antitrust laws” applies in that section
The term “antitrust laws” has the meaning given the term in subsection (a) of section 12 of this title , and includes section 45 of this title (to the extent that such section 45 relates to unfair methods of competition). (3) Depository institution
“depository institution” applies in that section
The term “depository institution”— (A) has the meaning given the term in section 1813 of title 12 ; and (B) includes any foreign bank that maintains a branch, agency, or commercial lending company in the United States. (4) Insurer
“insurer” applies in that section
The term “insurer” means any person engaged in the business of insurance. (5) State
“State” applies in that section
The term “State” means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
“insurance” applies in that section
the term “insurance” means— (1) any product regulated as insurance as of January 1, 1999 , in accordance with the relevant State insurance law, in the State in which the product is provided; (2) any product first offered after January 1, 1999 , which— (A) a State insurance regulator determines shall be regulated as insurance in the State in which the product is provided because the product insures, guarantees, or indemnifies against liability, loss of life, loss of health, or loss through damage to or destruction of property, including, but not limited to, surety bonds, life insurance, health insurance, title insurance, and property and casualty insurance (such as private passenger or …
“State” applies throughout its subchapter
the term “State” means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
“court of competent jurisdiction” applies throughout its subchapter
The term “court of competent jurisdiction” means a court authorized pursuant to section 6734(a) of this title to adjudicate litigation arising under this subchapter. (2) Domicile
“domicile” applies throughout its subchapter
The term “domicile” means the State in which an insurer is incorporated, chartered, or organized. (3) Insurance licensee
“institution” applies throughout its subchapter
The term “institution” means a corporation, joint stock company, limited liability company, limited liability partnership, association, trust, partnership, or any similar entity. (5) Licensed State
“insurance licensee” applies throughout its subchapter
The term “insurance licensee” means any person holding a license under State law to act as insurance agent, subagent, broker, or consultant. (4) Institution
“licensed State” applies throughout its subchapter
The term “licensed State” means any State, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands in which the redomesticating insurer has a certificate of authority in effect immediately prior to the redomestication. (6) Mutual insurer
“mutual insurer” applies throughout its subchapter
The term “mutual insurer” means a mutual insurer organized under the laws of any State. (7) Person
“person” applies throughout its subchapter
The term “person” means an individual, institution, government or governmental agency, State or political subdivision of a State, public corporation, board, association, estate, trustee, or fiduciary, or other similar entity. (8) Policyholder
“policyholder” applies throughout its subchapter
The term “policyholder” means the owner of a policy issued by a mutual insurer, except that, with respect to voting rights, the term means a member of a mutual insurer or mutual holding company granted the right to vote, as determined under applicable State law. (9) Redomesticated insurer
“redomesticated insurer” applies throughout its subchapter
The term “redomesticated insurer” means a mutual insurer that has redomesticated pursuant to this subchapter. (10) Redomesticating insurer
“redomesticating insurer” applies throughout its subchapter
The term “redomesticating insurer” means a mutual insurer that is redomesticating pursuant to this subchapter. (11) Redomestication or transfer
“redomestication” applies throughout its subchapter
The term “redomestication” or “transfer” means the transfer of the domicile of a mutual insurer from one State to another State pursuant to this subchapter. (12) State insurance regulator
“State insurance regulator” applies throughout its subchapter
The term “State insurance regulator” means the principal insurance regulatory authority of a State, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands. (13) State law
“State law” applies throughout its subchapter
The term “State law” means the statutes of any State, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands and any regulation, order, or requirement prescribed pursuant to any such statute. (14) Transferee domicile
“transfer” applies throughout its subchapter
The term “redomestication” or “transfer” means the transfer of the domicile of a mutual insurer from one State to another State pursuant to this subchapter. (12) State insurance regulator
“transferee domicile” applies throughout its subchapter
The term “transferee domicile” means the State to which a mutual insurer is redomesticating pursuant to this subchapter. (15) Transferor domicile
“transferor domicile” applies throughout its subchapter
The term “transferor domicile” means the State from which a mutual insurer is redomesticating pursuant to this subchapter.
“criminal history record check” applies in that section
the term “criminal history record check” means a national background check of criminal history records of the Federal Bureau of Investigation. (b) Authority to establish membership criteria The Association may establish membership criteria that bear a reasonable relationship to the purposes for which the Association was established. (c) Establishment of classes and categories of membership (1) Classes of membership The Association may establish separate classes of membership, with separate criteria, if the Association reasonably determines that performance of different duties requires different levels of education, training, experience, or other qualifications.
“State insurance commissioner” applies in that section
the term “State insurance commissioner” means a person who serves in the position in State government, or on the board, commission, or other body that is the primary insurance regulatory authority for the State. (d) Terms (1) In general Except as provided under paragraph (2), the term of service for each Board member shall be 2 years.
“business entity” applies throughout its subchapter
The term “business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. (2) Depository institution
“depository institution” applies throughout its subchapter
The term “depository institution” has the meaning as in section 1813 of title 12 . (3) Home State
“home State” applies throughout its subchapter
The term “home State” means the State in which the insurance producer maintains its principal place of residence or business and is licensed to act as an insurance producer. (4) Insurance
“insurance” applies throughout its subchapter
The term “insurance” means any product, other than title insurance or bail bonds, defined or regulated as insurance by the appropriate State insurance regulatory authority. (5) Insurance producer
“insurance producer” applies throughout its subchapter
The term “insurance producer” means any insurance agent or broker, excess or surplus lines broker or agent, insurance consultant, limited insurance representative, and any other individual or entity that sells, solicits, or negotiates policies of insurance or offers advice, counsel, opinions or services related to insurance. (6) Insurer
“insurer” applies throughout its subchapter
The term “insurer” has the meaning as in section 313(e)(2)(B) of title 31 . (7) Principal place of business
“principal place of business” applies throughout its subchapter
The term “principal place of business” means the State in which an insurance producer maintains the headquarters of the insurance producer and, in the case of a business entity, where high-level officers of the entity direct, control, and coordinate the business activities of the business entity. (8) Principal place of residence
“principal place of residence” applies throughout its subchapter
The term “principal place of residence” means the State in which an insurance producer resides for the greatest number of days during a calendar year. (9) State
“State” applies throughout its subchapter
The term “State” includes any State, the District of Columbia, any territory of the United States, and Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands. (10) State law (A) In general