r/title-15-COMMERCE-AND-TRADE wiki — defined terms

“State law” applies throughout its subchapter

The term “State law” includes all laws, decisions, rules, regulations, or other State action having the effect of law, of any State. (B) Laws applicable in the District of Columbia A law of the United States applicable only to or within the District of Columbia shall be treated as a State law rather than a law of the United States.

“motor vehicle” applies in that section

the term “motor vehicle” has the same meaning as in section 13102 of title 49 .

“State” applies in that section

the term “State” means any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. (e) Model forms (1) In general The agencies referred to in section 6804(a)(1) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section.

“affiliate” applies throughout its subchapter

The term “affiliate” means any company that controls, is controlled by, or is under common control with another company. (7) Necessary to effect, administer, or enforce

“as necessary to effect, administer, or enforce the transaction” applies throughout its subchapter

The term “as necessary to effect, administer, or enforce the transaction” means— (A) the disclosure is required, or is a usual, appropriate, or acceptable method, to carry out the transaction or the product or service business of which the transaction is a part, and record or service or maintain the consumer’s account in the ordinary course of providing the financial service or financial product, or to administer or service benefits or claims relating to the transaction or the product or service business of which it is a part, and includes— (i) providing the consumer or the consumer’s agent or broker with a confirmation, statement, or other record of the transaction, or information on the …

“consumer” applies throughout its subchapter

The term “consumer” means an individual who obtains, from a financial institution, financial products or services which are to be used primarily for personal, family, or household purposes, and also means the legal representative of such an individual. (10) Joint agreement

“Federal banking agency” applies throughout its subchapter

The term “Federal banking agency” has the same meaning as given in section 1813 of title 12 . (2) Federal functional regulator

“Federal functional regulator” applies throughout its subchapter

The term “Federal functional regulator” means— (A) the Board of Governors of the Federal Reserve System; (B) the Office of the Comptroller of the Currency; (C) the Board of Directors of the Federal Deposit Insurance Corporation; (D) the Director of the Office of Thrift Supervision; (E) the National Credit Union Administration Board; and (F) the Securities and Exchange Commission. (3) Financial institution (A) In general

“financial institution” applies throughout its subchapter

The term “financial institution” means any institution the business of which is engaging in financial activities as described in section 1843(k) of title 12 . (B) Persons subject to CFTC regulation Notwithstanding subparagraph (A), the term “financial institution” does not include any person or entity with respect to any financial activity that is subject to the jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act [ 7 U.S.C. 1 et seq.].

“joint agreement” applies throughout its subchapter

The term “joint agreement” means a formal written contract pursuant to which two or more financial institutions jointly offer, endorse, or sponsor a financial product or service, and as may be further defined in the regulations prescribed under section 6804 of this title . (11) Customer relationship The term “time of establishing a customer relationship” shall be defined by the regulations prescribed under section 6804 of this title , and shall, in the case of a financial institution engaged in extending credit directly to consumers to finance purchases of goods or services, mean the time of establishing the credit relationship with the consumer.

“nonaffiliated third party” applies throughout its subchapter

The term “nonaffiliated third party” means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution. (6) Affiliate

“nonpublic personal information” applies throughout its subchapter

The term “nonpublic personal information” means personally identifiable financial information— (i) provided by a consumer to a financial institution; (ii) resulting from any transaction with the consumer or any service performed for the consumer; or (iii) otherwise obtained by the financial institution. (B) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title .

“State insurance authority” applies throughout its subchapter

The term “State insurance authority” means, in the case of any person engaged in providing insurance, the State insurance authority of the State in which the person is domiciled. (9) Consumer

“broker” applies throughout its subchapter

the terms “broker” and “dealer” have the same meanings as given in section 78c of this title ;

“customer” applies throughout its subchapter

The term “customer” means, with respect to a financial institution, any person (or authorized representative of a person) to whom the financial institution provides a product or service, including that of acting as a fiduciary. (2) Customer information of a financial institution

“customer information of a financial institution” applies throughout its subchapter

The term “customer information of a financial institution” means any information maintained by or for a financial institution which is derived from the relationship between the financial institution and a customer of the financial institution and is identified with the customer. (3) Document

“dealer” applies throughout its subchapter

the terms “broker” and “dealer” have the same meanings as given in section 78c of this title ;

“document” applies throughout its subchapter

The term “document” means any information in any form. (4) Financial institution (A) In general

“financial institution” applies throughout its subchapter

The term “financial institution” means any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution. (B) Certain financial institutions specifically included

“investment adviser” applies throughout its subchapter

the term “investment adviser” has the same meaning as given in section 80b–2(a)(11) of this title ; and;

“investment company” applies throughout its subchapter

the term “investment company” has the same meaning as given in section 80a–3 of this title . (D) Certain persons and entities specifically excluded The term “financial institution” does not include any person or entity with respect to any financial activity that is subject to the jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act [ 7 U.S.C. 1 et seq.] and does not include the Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1971 [ 12 U.S.C. 2001 et seq.].

“commercial pornographic content” applies in that section

The term “commercial pornographic content” means any material that is subject to the record keeping requirements under section 2257 of title 18 . (2) Consent

“consent” applies in that section

The term “consent” means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion. (3) Depicted individual

“depicted individual” applies in that section

The term “depicted individual” means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction. (4) Disclose

“disclose” applies in that section

The term “disclose” means to transfer, publish, distribute, or make accessible. (5) Intimate visual depiction

“intimate visual depiction” applies in that section

The term “intimate visual depiction”— (A) means a visual depiction, as that term is defined in section 2256(5) of title 18 , that depicts— (i) the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or (ii) the display or transfer of bodily sexual fluids— (I) on to any part of the body of an identifiable individual; (II) from the body of an identifiable individual; or (III) an identifiable individual engaging in sexually explicit conduct and 1 (B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual was in a public place only if the individual did not— (i) voluntarily display the content …

“sexually explicit conduct” applies in that section

The term “sexually explicit conduct” has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18 . (b) Civil action (1) Right of action (A) In general Except as provided in paragraph (4), an individual whose intimate visual depiction is disclosed, in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the individual, where such disclosure was made by a person who knows that, or recklessly disregards whether, the individual has not consented to such disclosure, may bring a civil action against that person in an appropriate district court of the United States for relief as set forth …

“Administration” applies throughout its chapter

The term “Administration” means the Small Business Administration. (2) Administrator

“Administrator” applies throughout its chapter

The term “Administrator” means the Administrator of the Small Business Administration. (3) Capacity building services

“capacity building services” applies throughout its chapter

The term “capacity building services” means services provided to an organization that is, or that is in the process of becoming, a microenterprise development organization or program, for the purpose of enhancing its ability to provide training and services to disadvantaged entrepreneurs. (4) Collaborative

“collaborative” applies throughout its chapter

The term “collaborative” means 2 or more nonprofit entities that agree to act jointly as a qualified organization under this chapter. (5) Disadvantaged entrepreneur

“disadvantaged entrepreneur” applies throughout its chapter

The term “disadvantaged entrepreneur” means a microentrepreneur that is— (A) a low-income person; (B) a very low-income person; or (C) an entrepreneur that lacks adequate access to capital or other resources essential for business success, or is economically disadvantaged, as determined by the Administrator. (6) Indian tribe

“Indian tribe” applies throughout its chapter

The term “Indian tribe” has the meaning given the term in section 4702 of title 12 . (7) Intermediary

“intermediary” applies throughout its chapter

The term “intermediary” means a private, nonprofit entity that seeks to serve microenterprise development organizations and programs as authorized under section 6904 of this title . (8) Low-income person

“low-income person” applies throughout its chapter

The term “low-income person” has the meaning given the term in section 4702 of title 12 . (9) Microentrepreneur

“microenterprise” applies throughout its chapter

The term “microenterprise” means a sole proprietorship, partnership, or corporation that— (A) has fewer than 5 employees; and (B) generally lacks access to conventional loans, equity, or other banking services. (11) Microenterprise development organization or program

“microenterprise development organization or program” applies throughout its chapter

The term “microenterprise development organization or program” means a nonprofit entity, or a program administered by such an entity, including community development corporations or other nonprofit development organizations and social service organizations, that provides services to disadvantaged entrepreneurs. (12) Training and technical assistance

“microentrepreneur” applies throughout its chapter

The term “microentrepreneur” means the owner or developer of a microenterprise. (10) Microenterprise

“training and technical assistance” applies throughout its chapter

The term “training and technical assistance” means services and support provided to disadvantaged entrepreneurs, such as assistance for the purpose of enhancing business planning, marketing, management, financial management skills, and assistance for the purpose of accessing financial services. (13) Very low-income person

“very low-income person” applies throughout its chapter

The term “very low-income person” means having an income, adjusted for family size, of not more than 150 percent of the poverty line (as defined in section 9902(2) of title 42 , including any revision required by that section).

“consumer” applies throughout its subchapter

The term “consumer” means an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual. (2) Electronic

“electronic” applies throughout its subchapter

The term “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (3) Electronic agent

“electronic agent” applies throughout its subchapter

The term “electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part without review or action by an individual at the time of the action or response. (4) Electronic record

“electronic record” applies throughout its subchapter

The term “electronic record” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means. (5) Electronic signature

“electronic signature” applies throughout its subchapter

The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. (6) Federal regulatory agency

“Federal regulatory agency” applies throughout its subchapter

The term “Federal regulatory agency” means an agency, as that term is defined in section 552(f) of title 5 . (7) Information

“information” applies throughout its subchapter

The term “information” means data, text, images, sounds, codes, computer programs, software, databases, or the like. (8) Person

“person” applies throughout its subchapter

The term “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. (9) Record

“record” applies throughout its subchapter

The term “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (10) Requirement

“requirement” applies throughout its subchapter

The term “requirement” includes a prohibition. (11) Self-regulatory organization

“self-regulatory organization” applies throughout its subchapter

The term “self-regulatory organization” means an organization or entity that is not a Federal regulatory agency or a State, but that is under the supervision of a Federal regulatory agency and is authorized under Federal law to adopt and administer rules applicable to its members that are enforced by such organization or entity, by a Federal regulatory agency, or by another self-regulatory organization. (12) State

“State” applies throughout its subchapter

The term “State” includes the District of Columbia and the territories and possessions of the United States. (13) Transaction

“transaction” applies throughout its subchapter

The term “transaction” means an action or set of actions relating to the conduct of business, consumer, or commercial affairs between two or more persons, including any of the following types of conduct— (A) the sale, lease, exchange, licensing, or other disposition of (i) personal property, including goods and intangibles, (ii) services, and (iii) any combination thereof; and (B) the sale, lease, exchange, or other disposition of any interest in real property, or any combination thereof.

“electronic record” applies in that section

The terms “electronic record”, “electronic signature”, and “person” have the same meanings provided in section 7006 of this title . (b) Control A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

“electronic signature” applies in that section

The terms “electronic record”, “electronic signature”, and “person” have the same meanings provided in section 7006 of this title . (b) Control A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

“person” applies in that section

The terms “electronic record”, “electronic signature”, and “person” have the same meanings provided in section 7006 of this title . (b) Control A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

“transferable record” applies in that section

The term “transferable record” means an electronic record that— (A) would be a note under Article 3 of the Uniform Commercial Code if the electronic record were in writing; (B) the issuer of the electronic record expressly has agreed is a transferable record; and (C) relates to a loan secured by real property. A transferable record may be executed using an electronic signature. (2) Other definitions

“Administration” applies throughout its chapter

the term “Administration” means the Small Business Administration;

“Administrator” applies throughout its chapter

the term “Administrator” means the Administrator of the Small Business Administration;

“control” applies throughout its chapter

the term “control” means exercising the power to make policy decisions concerning a business;

“Council” applies throughout its chapter

the term “Council” means the National Women’s Business Council, established under section 7105 of this title ;

“Interagency Committee” applies throughout its chapter

the term “Interagency Committee” means the Interagency Committee on Women’s Business Enterprise, established under section 7101 of this title ;

“operate” applies throughout its chapter

the term “operate” means being actively involved in the day-to-day management of a business;

“women-owned business” applies throughout its chapter

the term “women-owned business” means a small business which a woman or a group of women— (A) control and operate; and (B) own not less than 51 percent of the business.

“women’s business enterprise” applies throughout its chapter

the term “women’s business enterprise” means— (A) a business or businesses owned by a woman or a group of women; or (B) the establishment, maintenance, or development of a business or businesses by a woman or a group of women; and;

“appropriate State regulatory authority” applies in that section

The term “appropriate State regulatory authority” means the State agency or other authority responsible for the licensure or other regulation of the practice of accounting in the State or States having jurisdiction over a registered public accounting firm or associated person thereof, with respect to the matter in question. (2) Audit

“audit” applies in that section

The term “audit” means an examination of the financial statements of any issuer by an independent public accounting firm in accordance with the rules of the Board or the Commission (or, for the period preceding the adoption of applicable rules of the Board under section 7213 of this title , in accordance with then-applicable generally accepted auditing and related standards for such purposes), for the purpose of expressing an opinion on such statements. (3) Audit committee

“audit committee” applies in that section

The term “audit committee” means— (A) a committee (or equivalent body) established by and amongst the board of directors of an issuer for the purpose of overseeing the accounting and financial reporting processes of the issuer and audits of the financial statements of the issuer; and (B) if no such committee exists with respect to an issuer, the entire board of directors of the issuer. (4) Audit report

“audit report” applies in that section

The term “audit report” means a document or other record— (A) prepared following an audit performed for purposes of compliance by an issuer with the requirements of the securities laws; and (B) in which a public accounting firm either— (i) sets forth the opinion of that firm regarding a financial statement, report, or other document; or (ii) asserts that no such opinion can be expressed. (5) Board

“Board” applies in that section

The term “Board” means the Public Company Accounting Oversight Board established under section 7211 of this title . (6) Commission

“Commission” applies in that section

The term “Commission” means the Securities and Exchange Commission. (7) Issuer

“foreign auditor oversight authority” applies in that section

The term “foreign auditor oversight authority” means any governmental body or other entity empowered by a foreign government to conduct inspections of public accounting firms or otherwise to administer or enforce laws related to the regulation of public accounting firms.

“issuer” applies in that section

The term “issuer” means an issuer (as defined in section 78c of this title ), the securities of which are registered under section 78 l of this title, or that is required to file reports under section 78 o (d) of this title, or that files or has filed a registration statement that has not yet become effective under the Securities Act of 1933 ( 15 U.S.C. 77a et seq.), and that it has not withdrawn. (8) Non-audit services

“non-audit services” applies in that section

The term “non-audit services” means any professional services provided to an issuer by a registered public accounting firm, other than those provided to an issuer in connection with an audit or a review of the financial statements of an issuer.

“professional standards” applies in that section

The term “professional standards” means— (A) accounting principles that are— (i) established by the standard setting body described in section 19(b) of the Securities Act of 1933 [ 15 U.S.C. 77s(b) ], or prescribed by the Commission under section 19(a) of that Act [ 15 U.S.C.

“public accounting firm” applies in that section

The term “public accounting firm” means— (A) a proprietorship, partnership, incorporated association, corporation, limited liability company, limited liability partnership, or other legal entity that is engaged in the practice of public accounting or preparing or issuing audit reports; and (B) to the extent so designated by the rules of the Board, any associated person of any entity described in subparagraph (A). (12) Registered public accounting firm

“registered public accounting firm” applies in that section

The term “registered public accounting firm” means a public accounting firm registered with the Board in accordance with this Act. (13) Rules of the Board

“rules of the Board” applies in that section

The term “rules of the Board” means the bylaws and rules of the Board (as submitted to, and approved, modified, or amended by the Commission, in accordance with section 7217 of this title ), and those stated policies, practices, and interpretations of the Board that the Commission, by rule, may deem to be rules of the Board, as necessary or appropriate in the public interest or for the protection of investors. (14) Security

“securities laws” applies in that section

The term “securities laws” means the provisions of law referred to in section 78c(a)(47) of this title and includes the rules, regulations, and orders issued by the Commission thereunder. (16) State

“security” applies in that section

The term “security” has the same meaning as in section 78c(a) of this title . (15) Securities laws

“State” applies in that section

The term “State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any other territory or possession of the United States. (17) Foreign auditor oversight authority

“covered issuer” applies in that section

the term “covered issuer” means an issuer that is required to file reports under section 78m or 78 o (d) of this title; and;

“non-inspection year” applies in that section

the term “non-inspection year” means, with respect to a covered issuer, a year— (i) during which the Commission identifies the covered issuer under paragraph (2)(A) with respect to every report described in subparagraph (A) filed by the covered issuer during that year; and (ii) that begins after December 18, 2020 .

“audit report” applies in that section

the term “audit report” has the meaning given the term in section 7201(a) of this title ;

“Commission” applies in that section

the term “Commission” means the Securities and Exchange Commission;

“covered form” applies in that section

the term “covered form”— (A) means— (i) the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation; and (ii) the form described in section 249.220f of title 17, Code of Federal Regulations, or any successor regulation; and (B) includes a form that— (i) is the equivalent of, or substantially similar to, the form described in clause (i) or (ii) of subparagraph (A); and (ii) a foreign issuer files with the Commission under the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq.) or rules issued under that Act;

“covered issuer” applies in that section

the terms “covered issuer” and “non-inspection year” have the meanings given the terms in subsection (i)(1) of section 7214 of this title , as added by section 2 of this Act; and;

“foreign issuer” applies in that section

the term “foreign issuer” has the meaning given the term in section 240.3b–4 of title 17, Code of Federal Regulations, or any successor regulation. (b) Requirement Each covered issuer that is a foreign issuer and for which, during a non-inspection year with respect to the covered issuer, a registered public accounting firm described in subsection (i)(2)(A) of section 7214 of this title , as added by section 2 of this Act, has prepared an audit report shall disclose in each covered form filed by that issuer that covers such a non-inspection year— (1) that, during the period covered by the covered form, such a registered public accounting firm has prepared an audit report for the issuer; (2) …

“non-inspection year” applies in that section

the terms “covered issuer” and “non-inspection year” have the meanings given the terms in subsection (i)(1) of section 7214 of this title , as added by section 2 of this Act; and;

“foreign public accounting firm” applies in that section

the term “foreign public accounting firm” means a public accounting firm that is organized and operates under the laws of a foreign government or political subdivision thereof.

“proposed rule” applies in that section

the term “proposed rule” means any proposed rule of the Board, and any modification of any such rule. (2) Prior approval required No rule of the Board shall become effective without prior approval of the Commission in accordance with this section, other than as provided in section 7213(a)(3)(B) of this title with respect to initial or transitional standards. (3) Approval criteria The Commission shall approve a proposed rule, if it finds that the rule is consistent with the requirements of this Act and the securities laws, or is necessary or appropriate in the public interest or for the protection of investors.

“audit” applies throughout its subchapter

The term “audit” means an examination of the financial statements, reports, documents, procedures, controls, or notices of any issuer, broker, or dealer by an independent public accounting firm in accordance with the rules of the Board or the Commission, for the purpose of expressing an opinion on the financial statements or providing an audit report. (2) Audit report

“audit report” applies throughout its subchapter

The term “audit report” means a document, report, notice, or other record— (A) prepared following an audit performed for purposes of compliance by an issuer, broker, or dealer with the requirements of the securities laws; and (B) in which a public accounting firm either— (i) sets forth the opinion of that firm regarding a financial statement, report, notice, or other document, procedures, or controls; or (ii) asserts that no such opinion can be expressed. (3) Broker

“broker” applies throughout its subchapter

The term “broker” means a broker (as such term is defined in section 78c(a)(4) of this title ) that is required to file a balance sheet, income statement, or other financial statement under section 78q(e)(1)(A) of this title , where such balance sheet, income statement, or financial statement is required to be certified by a registered public accounting firm. (4) Dealer

“dealer” applies throughout its subchapter

The term “dealer” means a dealer (as such term is defined in section 78c(a)(5) of this title ) that is required to file a balance sheet, income statement, or other financial statement under section 78q(e)(1)(A) of this title , where such balance sheet, income statement, or financial statement is required to be certified by a registered public accounting firm. (5) Professional standards

“professional standards” applies throughout its subchapter

The term “professional standards” means— (A) accounting principles that are— (i) established by the standard setting body described in section 77s(b) of this title , as amended by this Act, or prescribed by the Commission under section 77s(a) of this title or section 78m(b) of this title ; and (ii) relevant to audit reports for particular issuers, brokers, or dealers, or dealt with in the quality control system of a particular registered public accounting firm; and (B) auditing standards, standards for attestation engagements, quality control policies and procedures, ethical and competency standards, and independence standards (including rules implementing title II) that the Board or the …

“self-regulatory organization” applies throughout its subchapter

The term “self-regulatory organization” has the same meaning as in section 78c(a) of this title .

“individual account plan” applies in that section

the term “individual account plan” has the meaning provided in section 1002(34) of title 29 , except that such term shall not include a one-participant retirement plan (within the meaning of section 1021(i)(8)(B) of title 29 ). (6) Notice to directors, executive officers, and the Commission In any case in which a director or executive officer is subject to the requirements of this subsection in connection with a blackout period (as defined in paragraph (4)) with respect to any equity securities, the issuer of such equity securities shall timely notify such director or officer and the Securities and Exchange Commission of such blackout period.

“code of ethics” applies in that section

the term “code of ethics” means such standards as are reasonably necessary to promote— (1) honest and ethical conduct, including the ethical handling of actual or apparent conflicts of interest between personal and professional relationships; (2) full, fair, accurate, timely, and understandable disclosure in the periodic reports required to be filed by the issuer; and (3) compliance with applicable governmental rules and regulations. (d) Deadline for rulemaking The Commission shall— (1) propose rules to implement this section, not later than 90 days after July 30, 2002 ; and (2) issue final rules to implement this section, not later than 180 days after July 30, 2002 .

“Director” applies throughout its chapter

The term “Director” means the Director of the National Science Foundation. (2) Institution of higher education

“institution of higher education” applies throughout its chapter

The term “institution of higher education” has the meaning given that term in section 1001(a) of title 20 .

“cybersecurity mission” applies throughout its chapter

The term “cybersecurity mission” means activities that encompass the full range of threat reduction, vulnerability reduction, deterrence, international engagement, incident response, resiliency, and recovery policies and activities, including computer network operations, information assurance, law enforcement, diplomacy, military, and intelligence missions as such activities relate to the security and stability of cyberspace. (2) Information system

“information system” applies throughout its chapter

The term “information system” has the meaning given that term in section 3502 of title 44 .

“applicable agencies and departments” applies in that section

the term “applicable agencies and departments” means the agencies and departments identified in clauses (i) through (xi) of section 5511(a)(3)(B) 1 of this title or designated under clause (xii) of that section.

“Director” applies throughout its subchapter

The term “Director” means the Director of the National Institute of Standards and Technology. (2) Institute

“Institute” applies throughout its subchapter

The term “Institute” means the National Institute of Standards and Technology.

“advanced technology user facility” applies throughout its chapter

The term “advanced technology user facility” means a nanotechnology research and development facility supported, in whole or in part, by Federal funds that is open to all United States researchers on a competitive, merit-reviewed basis. (6) Program component area

“Advisory Panel” applies throughout its chapter

The term “Advisory Panel” means the President’s National Nanotechnology Advisory Panel established or designated under section 7503 of this title . (2) Nanotechnology

“Council” applies throughout its chapter

The term “Council” means the National Science and Technology Council or an appropriate subgroup designated by the Council under section 7501(c) of this title . (5) Advanced technology user facility

“nanotechnology” applies throughout its chapter

The term “nanotechnology” means the science and technology that will enable one to understand, measure, manipulate, and manufacture at the atomic, molecular, and supramolecular levels, aimed at creating materials, devices, and systems with fundamentally new molecular organization, properties, and functions. (3) Program

“Program” applies throughout its chapter

The term “Program” means the National Nanotechnology Program established under section 7501 of this title . (4) Council

“program component area” applies throughout its chapter

The term “program component area” means a major subject area established under section 7501(c)(2) of this title under which is 1 grouped related individual projects and activities carried out under the Program.

“direct communication” applies in that section

the term “direct communication” includes communication by telephone, facsimile, or electronic mail.

“issue date” applies in that section

the term “issue date” means the date on which the patient receives a copy of the prescription.

“contact lens fitting” applies throughout its chapter

The term “contact lens fitting” means the process that begins after the initial eye examination and ends when a successful fit has been achieved or, in the case of a renewal prescription, ends when the prescriber determines that no change in prescription is required, and such term may include— (A) an examination to determine lens specifications; (B) except in the case of a renewal of a prescription, an initial evaluation of the fit of the lens on the eye; and (C) medically necessary follow up examinations. (2) Prescriber

“contact lens prescription” applies throughout its chapter

The term “contact lens prescription” means a prescription, issued in accordance with State and Federal law, that contains sufficient information for the complete and accurate filling of a prescription, including the following: (A) Name of the patient. (B) Date of examination. (C) Issue date and expiration date of prescription. (D) Name, postal address, telephone number, and facsimile telephone number of prescriber. (E) Power, material or manufacturer or both. (F) Base curve or appropriate designation. (G) Diameter, when appropriate.

“prescriber” applies throughout its chapter

The term “prescriber” means, with respect to contact lens prescriptions, an ophthalmologist, optometrist, or other person permitted under State law to issue prescriptions for contact lenses in compliance with any applicable requirements established by the Food and Drug Administration. (3) Contact lens prescription

“commercial electronic mail message” applies throughout its chapter

The term “commercial electronic mail message” means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose). (B) Transactional or relationship messages The term “commercial electronic mail message” does not include a transactional or relationship message.

“Commission” applies throughout its chapter

The term “Commission” means the Federal Trade Commission. (4) Domain name

“domain name” applies throughout its chapter

The term “domain name” means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. (5) Electronic mail address

“electronic mail address” applies throughout its chapter

The term “electronic mail address” means a destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox (commonly referred to as the “local part”) and a reference to an Internet domain (commonly referred to as the “domain part”), whether or not displayed, to which an electronic mail message can be sent or delivered. (6) Electronic mail message

“electronic mail message” applies throughout its chapter

The term “electronic mail message” means a message sent to a unique electronic mail address. (7) FTC Act

“FTC Act” applies throughout its chapter

The term “FTC Act” means the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). (8) Header information

“header information” applies throughout its chapter

The term “header information” means the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mail address, and any other information that appears in the line identifying, or purporting to identify, a person initiating the message. (9) Initiate The term “initiate”, when used with respect to a commercial electronic mail message, means to originate or transmit such message or to procure the origination or transmission of such message, but shall not include actions that constitute routine conveyance of such message.

“Internet” applies in that section

The term “Internet” has the meaning given that term in the Internet Tax Freedom Act ( 47 U.S.C. 151 nt). (11) Internet access service

“Internet access service” applies in that section

The term “Internet access service” has the meaning given that term in section 231(e)(4) of title 47 . (12) Procure The term “procure”, when used with respect to the initiation of a commercial electronic mail message, means intentionally to pay or provide other consideration to, or induce, another person to initiate such a message on one’s behalf. (13) Protected computer

“protected computer” applies in that section

The term “protected computer” has the meaning given that term in section 1030(e)(2)(B) of title 18 . (14) Recipient The term “recipient”, when used with respect to a commercial electronic mail message, means an authorized user of the electronic mail address to which the message was sent or delivered. If a recipient of a commercial electronic mail message has one or more electronic mail addresses in addition to the address to which the message was sent or delivered, the recipient shall be treated as a separate recipient with respect to each such address.

“routine conveyance” applies in that section

The term “routine conveyance” means the transmission, routing, relaying, handling, or storing, through an automatic technical process, of an electronic mail message for which another person has identified the recipients or provided the recipient addresses. (16) Sender (A) In general Except as provided in subparagraph (B), the term “sender”, when used with respect to a commercial electronic mail message, means a person who initiates such a message and whose product, service, or Internet web site is advertised or promoted by the message.

“transactional or relationship message” applies throughout its chapter

The term “transactional or relationship message” means an electronic mail message the primary purpose of which is— (i) to facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender; (ii) to provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient; (iii) to provide— (I) notification concerning a change in the terms or features of; (II) notification of a change in the recipient’s standing or status with respect to; or (III) at regular periodic intervals, account balance information or other type of account …

“sexually oriented material” applies in that section

the term “sexually oriented material” means any material that depicts sexually explicit conduct (as that term is defined in section 2256 of title 18 ), unless the depiction constitutes a small and insignificant part of the whole, the remainder of which is not primarily devoted to sexual matters. (5) Penalty Whoever knowingly violates paragraph (1) shall be fined under title 18, or imprisoned not more than 5 years, or both.

“mobile service commercial message” applies in that section

the term “mobile service commercial message” means a commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of commercial mobile service (as such term is defined in section 332(d) of title 47 ) in connection with such service.

“agency contract” applies throughout its chapter

The term “agency contract” means an oral or written agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports contract or an endorsement contract. (2) Athlete agent

“athlete agent” applies throughout its chapter

The term “athlete agent” means an individual who enters into an agency contract with a student athlete, or directly or indirectly recruits or solicits a student athlete to enter into an agency contract, and does not include a spouse, parent, sibling, grandparent, or guardian of such student athlete, any legal counsel for purposes other than that of representative agency, or an individual acting solely on behalf of a professional sports team or professional sports organization. (3) Athletic director

“athletic director” applies throughout its chapter

The term “athletic director” means an individual responsible for administering the athletic program of an educational institution or, in the case that such program is administered separately, the athletic program for male students or the athletic program for female students, as appropriate. (4) Commission

“Commission” applies throughout its chapter

The term “Commission” means the Federal Trade Commission. (5) Endorsement contract

“endorsement contract” applies throughout its chapter

The term “endorsement contract” means an agreement under which a student athlete is employed or receives consideration for the use by the other party of that individual’s person, name, image, or likeness in the promotion of any product, service, or event. (6) Intercollegiate sport

“intercollegiate sport” applies throughout its chapter

The term “intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of college athletics. (7) Professional sports contract

“professional sports contract” applies throughout its chapter

The term “professional sports contract” means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete. (8) State

“State” applies throughout its chapter

The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (9) Student athlete

“student athlete” applies throughout its chapter

The term “student athlete” means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. An individual who is permanently ineligible to participate in a particular intercollegiate sport is not a student athlete for purposes of that sport.

“engaged in the business” applies throughout its chapter

The term “engaged in the business” has the meaning given that term in section 921(a)(21) of title 18 , and, as applied to a seller of ammunition, means a person who devotes time, attention, and labor to the sale of ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of ammunition. (2) Manufacturer

“manufacturer” applies throughout its chapter

The term “manufacturer” means, with respect to a qualified product, a person who is engaged in the business of manufacturing the product in interstate or foreign commerce and who is licensed to engage in business as such a manufacturer under chapter 44 of title 18. (3) Person

“negligent entrustment” applies throughout its chapter

the term “negligent entrustment” means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others. (C) Rule of construction The exceptions enumerated under clauses (i) through (v) of subparagraph (A) shall be construed so as not to be in conflict, and no provision of this chapter shall be construed to create a public or private cause of action or remedy.

“person” applies throughout its chapter

The term “person” means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (4) Qualified product

“qualified civil liability action” applies throughout its chapter

The term “qualified civil liability action” means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include— (i) an action brought against a transferor convicted under section 924(h) of title 18 , or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted; (ii) an action …

“qualified product” applies throughout its chapter

The term “qualified product” means a firearm (as defined in subparagraph (A) or (B) of section 921(a)(3) of title 18 ), including any antique firearm (as defined in section 921(a)(16) of such title), or ammunition (as defined in section 921(a)(17)(A) of such title), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. (5) Qualified civil liability action (A) In general

“seller” applies throughout its chapter

The term “seller” means, with respect to a qualified product— (A) an importer (as defined in section 921(a)(9) of title 18 ) who is engaged in the business as such an importer in interstate or foreign commerce and who is licensed to engage in business as such an importer under chapter 44 of title 18; (B) a dealer (as defined in section 921(a)(11) of title 18 ) who is engaged in the business as such a dealer in interstate or foreign commerce and who is licensed to engage in business as such a dealer under chapter 44 of title 18; or (C) a person engaged in the business of selling ammunition (as defined in section 921(a)(17)(A) of title 18 ) in interstate or foreign commerce at the wholesale …

“State” applies throughout its chapter

The term “State” includes 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, and any other territory or possession of the United States, and any political subdivision of any such place. (8) Trade association

“trade association” applies throughout its chapter

The term “trade association” means— (A) any corporation, unincorporated association, federation, business league, professional or business organization not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual; (B) that is an organization described in section 501(c)(6) of title 26 and exempt from tax under section 501(a) of such title; and (C) 2 or more members of which are manufacturers or sellers of a qualified product. (9) Unlawful misuse

“unlawful misuse” applies throughout its chapter

The term “unlawful misuse” means conduct that violates a statute, ordinance, or regulation as it relates to the use of a qualified product.