r/title-15-COMMERCE-AND-TRADE wiki — defined terms
The statute’s own glossary: every term Title 15 defines, in section order.
“swap” applies in that section
The terms “commodity pool”, “commodity pool operator”, “commodity trading advisor”, “major swap participant”, “swap”, “swap dealer”, and “swap execution facility” have the same meanings as in section 1a of title 7 .
“swap dealer” applies in that section
The terms “commodity pool”, “commodity pool operator”, “commodity trading advisor”, “major swap participant”, “swap”, “swap dealer”, and “swap execution facility” have the same meanings as in section 1a of title 7 .
“swap execution facility” applies in that section
The terms “commodity pool”, “commodity pool operator”, “commodity trading advisor”, “major swap participant”, “swap”, “swap dealer”, and “swap execution facility” have the same meanings as in section 1a of title 7 .
“assets under management” applies in that section
the term “assets under management” means the securities portfolios with respect to which an investment adviser provides continuous and regular supervisory or management services. (b) Advisers subject to Commission authority (1) In general No law of any State or political subdivision thereof requiring the registration, licensing, or qualification as an investment adviser or supervised person of an investment adviser shall apply to any person— (A) that is registered under section 80b–3 of this title as an investment adviser, or that is a supervised person of such person, except that a State may license, register, or otherwise qualify any investment adviser representative who has a place of …
“China” applies throughout its chapter
The term “China” means (1) China including Manchuria, Tibet, Mongolia, and any territory leased by China to any foreign government, (2) the Crown Colony of Hong Kong, and (3) the Province of Macao;
“China Trade Act corporation” applies throughout its chapter
The terms “China Trade Act corporation” and “corporation” mean a corporation chartered under the provisions of this chapter;
“corporation” applies throughout its chapter
The terms “China Trade Act corporation” and “corporation” mean a corporation chartered under the provisions of this chapter;
“Federal district court” applies throughout its chapter
The term “Federal district court” means any Federal district court, and the United States District Court for the District of Columbia;
“person” applies throughout its chapter
The term “person” includes individual, partnership, corporation, and association;
“registrar” applies throughout its chapter
The term “registrar” means the China Trade Act registrar appointed under section 143 of this title .
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Commerce; and;
“Coordinated Universal Time” applies in that section
the term “Coordinated Universal Time” means the time scale maintained through the General Conference of Weights and Measures and interpreted or modified for the United States by the Secretary of Commerce in coordination with the Secretary of the Navy.
“interstate or foreign commerce” applies in that section
the term “interstate or foreign commerce” means commerce between a State, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States and any place outside thereof. (b) Coordinated Universal Time defined In this section,
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or any possession of the United States.
“critical infrastructure” applies in that section
The term “critical infrastructure” has the meaning given the term in section 5195c(e) of title 42 . (B) Sector-specific agency
“sector-specific agency” applies in that section
The term “sector-specific agency” means the Federal department or agency responsible for providing institutional knowledge and specialized expertise as well as leading, facilitating, or supporting the security and resilience programs and associated activities of its designated critical infrastructure sector in the all-hazards environment.
“agency” applies in that section
the term “agency” has the same meaning as provided in section 3502(1) of title 44 ;
“information security” applies in that section
the term “information security” has the same meaning as provided in section 3552(b)(2) 1 of such title;
“information system” applies in that section
the term “information system” has the same meaning as provided in section 3502(8) of such title;
“information technology” applies in that section
the term “information technology” has the same meaning as provided in section 11101 of title 40 ; and;
“national security system” applies in that section
the term “national security system” has the same meaning as provided in section 3552(b)(5) 2 of such title. 3
“agency” applies in that section
The term “agency” has the meaning given that term in section 3502 of title 44 . (2) Director of OMB
“Director of OMB” applies in that section
The term “Director of OMB” means the Director of the Office of Management and Budget. (3) Director of the Institute
“Director of the Institute” applies in that section
The term “Director of the Institute” means the Director of the National Institute of Standards and Technology. (4) Information system
“information system” applies in that section
The term “information system” has the meaning given that term in section 3502 of title 44 . (5) National security system
“national security system” applies in that section
The term “national security system” has the meaning given that term in section 3552(b)(6) of title 44 . (6) Operational technology
“operational technology” applies in that section
The term “operational technology” means hardware and software that detects or causes a change through the direct monitoring or control of physical devices, processes, and events in the enterprise. (7) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Homeland Security. (8) Security vulnerability
“security vulnerability” applies in that section
The term “security vulnerability” has the meaning given that term in section 650 of title 6 .
“computer system” applies in that section
The term “computer system” has the meaning given that term in section 278g–3(d)(1) 2 of this title. (2) Institution of higher education
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given that term in section 1001(a) of title 20 .
“appropriate committees of Congress” applies in that section
The term “appropriate committees of Congress” means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (2) Area career and technical education school
“area career and technical education school” applies in that section
The term “area career and technical education school” has the meaning given the term in section 2302 of title 20 . (3) Center
“Center” applies in that section
The term “Center” means a manufacturing extension center that— (A) is created under subsection (b); and (B) is affiliated with an eligible entity that applies for and is awarded financial support under subsection (e). (4) Community college
“community college” applies in that section
The term “community college” means an institution of higher education (as defined under section 1001(a) of title 20 ) at which the highest degree that is predominately awarded to students is an associate’s degree. (5) Eligible entity
“eligible entity” applies in that section
The term “eligible entity” means a United States-based nonprofit institution, an institution of higher education, or a State, United States territory, local, or tribal government or a consortium thereof. (6) Historically Black college and university
“historically Black college and university” applies in that section
The term “historically Black college and university” has the meaning given the term “part B institution” in section 1061 of title 20 . (7) 1 Institution of higher education
“Hollings Manufacturing Extension Partnership” applies in that section
The term “Hollings Manufacturing Extension Partnership” or “Program” means the program established under subsection (b). (8) MEP Advisory Board
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given such term in section 1001 of title 20 . (7) 1 Hollings Manufacturing Extension Partnership or Program
“MEP Advisory Board” applies in that section
The term “MEP Advisory Board” means the Manufacturing Extension Partnership Advisory Board established under subsection (n). 2 (9) Minority-serving institution
“minority-serving institution” applies in that section
The term “minority-serving institution” means a Hispanic-serving institution as defined in section 1101a(a) of title 20 ; an Alaska Native-serving institution or Native Hawaiian-serving institution as defined in section 1059d(b) of title 20 ; or a Predominantly Black institution, Asian American and Native American Pacific Islander-serving institution, or Native American-serving nontribal institution as defined in section 1067q(c) of title 20 . (10) Secondary school
“Program” applies in that section
The term “Hollings Manufacturing Extension Partnership” or “Program” means the program established under subsection (b). (8) MEP Advisory Board
“secondary school” applies in that section
The term “secondary school” has the meaning given such term in section 7801 of title 20 . (11) Tribal College or University
“Tribal College or University” applies in that section
The term “Tribal College or University” has the meaning given the term “Tribal College or University” in section 1059c of title 20 . (b) Establishment and purpose The Secretary, acting through the Director and, if appropriate, through other Federal officials, shall establish a program to provide assistance for the creation and support of manufacturing extension centers for the transfer of manufacturing technology and best business practices.
“major reorganization” applies in that section
the term “major reorganization” means any reorganization of the Institute that involves the reassignment of more than 25 percent of the employees of the Institute.
“agency head” applies in that section
The term “agency head” means the head of any Executive agency (as defined in section 105 of title 5 ), other than the Department of Defense. (2) Regional innovation initiative
“political appointee” applies in that section
the term “political appointee” has the meaning given such term in section 714(h) of title 38 . (C) Considerations In selecting a person or group of persons who submitted an application to an agency head under paragraph (3) for an award of financial assistance under paragraph (1) for a Manufacturing USA institute, the agency head shall consider, at a minimum, the following: (i) The potential of the Manufacturing USA institute to advance domestic manufacturing and the likelihood of economic impact, including the creation or preservation of jobs, in the predominant focus areas of the institute.
“regional innovation initiative” applies in that section
The term “regional innovation initiative” has the meaning given such term in section 3722(f)(1) of this title . (b) Establishment of Manufacturing USA Program (1) In general The Secretary shall establish within the Institute a program to be known as the “Manufacturing United States of America Program” or the “Manufacturing USA Program” (referred to in this section as the “Program”).
“Director” applies in that section
The term “Director” means the Director of the National Institute of Standards and Technology. (2) Federal laboratory
“Federal laboratory” applies in that section
The term “Federal laboratory” has the meaning given such term in section 3703 of this title . (3) Institute
“Institute” applies in that section
The term “Institute” means the National Institute of Standards and Technology. (4) Institution of higher education
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given such term in section 1001 of title 20 . (5) Nonprofit organization
“nonprofit organization” applies in that section
The term “nonprofit organization” means an organization described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title. (6) Xylazine
“xylazine” applies in that section
The term “xylazine” means the nonopioid tranquilizer methyl benzene compound frequently used in veterinary medicine as an emetic and sedative with analgesic and muscle relaxant properties. (b) In general The Director shall— (1) support intramural basic measurement science and research of the Institute to advance— (A) analytical methods to identify, understand, differentiate, and categorize substances containing xylazine, novel synthetic opioids, or other new psychoactive substances; (B) measurement technologies to shorten analysis timelines and enhance narcotic and opioid detection and analysis capabilities; (C) new data tools, techniques, and processes to identify and publicly disclose …
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Commerce.
“standard reference data” applies throughout its chapter
The term “standard reference data” means data that is— (A) either— (i) quantitative information related to a measurable physical, or chemical, or biological property of a substance or system of substances of known composition and structure; (ii) measurable characteristics of a physical artifact or artifacts; (iii) engineering properties or performance characteristics of a system; or (iv) 1 or more digital data objects that serve— (I) to calibrate or characterize the performance of a detection or measurement system; or (II) to interpolate or extrapolate, or both, data described in subparagraph (A) through (C); 1 and (B) that is critically evaluated as to its reliability under section 290b of …
“State” applies in that section
the term “State” includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia.
“jewelry trade association” applies in that section
The term “jewelry trade association” means an organization, consisting primarily of persons actively engaged in the jewelry or a related business, the purposes and activities of which are primarily directed to the improvement of business conditions in the jewelry or related businesses.
“person” applies in that section
The term “person” means an individual, partnership, corporation, or any other form of business enterprise, capable of being in violation of sections 294 to 300 of this title.;
“person” applies throughout its chapter
The term “person” means any individual, corporation, company, association, firm, partnership, society, joint stock company, any State or local government or any agency thereof, or any other organization, whether commercial or nonprofit, who is performing weather modification activities, except where acting solely as an employee, agent, or independent contractor of the Federal Government.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Commerce.;
“United States” applies throughout its chapter
The term “United States” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or insular possession of the United States.
“weather modification” applies throughout its chapter
The term “weather modification” means any activity performed with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere.;
“cigarette” applies throughout its chapter
The term “cigarette”— (i) has the meaning given that term in section 2341 of title 18 ; and (ii) includes— (I) roll-your-own tobacco (as defined in section 5702 of title 26 ); and (II) an electronic nicotine delivery system. (B) Exception The term “cigarette” does not include a cigar (as defined in section 5702 of title 26 ). (3) Common carrier
“common carrier” applies throughout its chapter
The term “common carrier” means any person (other than a local messenger service or the United States Postal Service) that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise (regardless of whether the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided) between a port or place and a port or place in the United States. (4) Consumer
“consumer” applies throughout its chapter
The term “consumer”— (A) means any person that purchases cigarettes or smokeless tobacco; and (B) does not include any person lawfully operating as a manufacturer, distributor, wholesaler, or retailer of cigarettes or smokeless tobacco. (5) Delivery sale
“delivery sale” applies throughout its chapter
The term “delivery sale” means any sale of cigarettes or smokeless tobacco to a consumer if— (A) the consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or (B) the cigarettes or smokeless tobacco are delivered to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the cigarettes or smokeless tobacco. (6) Delivery seller
“delivery seller” applies throughout its chapter
The term “delivery seller” means a person who makes a delivery sale. (7) Electronic nicotine delivery system
“electronic nicotine delivery system” applies throughout its chapter
The term “electronic nicotine delivery system”— (A) means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; (B) includes— (i) an e-cigarette; (ii) an e-hookah; (iii) an e-cigar; (iv) a vape pen; (v) an advanced refillable personal vaporizer; (vi) an electronic pipe; and (vii) any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and (C) does not include a product that is— (i) approved by the Food and Drug Administration for— (I) sale as a tobacco cessation …
“Indian country” applies throughout its chapter
The term “Indian country”— (A) has the meaning given that term in section 1151 of title 18 , except that within the State of Alaska that term applies only to the Metlakatla Indian Community, Annette Island Reserve; and (B) includes any other land held by the United States in trust or restricted status for one or more Indian tribes. (9) Indian tribe The term “Indian tribe”, “tribe”, or “tribal” refers to an Indian tribe as defined in section 5304(e) of title 25 or as listed pursuant to section 5131 of title 25 . (10) Interstate commerce (A) In general
“interstate commerce” applies throughout its chapter
The term “interstate commerce” means commerce between a State and any place outside the State, commerce between a State and any Indian country in the State, or commerce between points in the same State but through any place outside the State or through any Indian country. (B) Into a State, place, or locality A sale, shipment, or transfer of cigarettes or smokeless tobacco that is made in interstate commerce, as defined in this paragraph, shall be deemed to have been made into the State, place, or locality in which such cigarettes or smokeless tobacco are delivered. (11) Person
“person” applies in that section
The term “person” means an individual, corporation, company, association, firm, partnership, society, State government, local government, Indian tribal government, governmental organization of such a government, or joint stock company. (12) State
“smokeless tobacco” applies in that section
The term “smokeless tobacco” means any finely cut, ground, powdered, or leaf tobacco, or other product containing tobacco, that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted. (14) Tobacco tax administrator
“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, or any territory or possession of the United States. (13) Smokeless tobacco
“tobacco tax administrator” applies in that section
The term “tobacco tax administrator” means the State, local, or tribal official duly authorized to collect the tobacco tax or administer the tax law of a State, locality, or tribe, respectively. (15) Use
“use” applies in that section
The term “use” includes the consumption, storage, handling, or disposal of cigarettes or smokeless tobacco.
“independent contractor” applies in that section
the term “independent contractor” means a commission agent, broker, or other independent contractor who is engaged in selling, or soliciting orders for the sale of, tangible personal property for more than one principal and who holds himself out as such in the regular course of his business activities; and (2) the term “representative” does not include an independent contractor.
“net income tax” applies throughout its chapter
the term “net income tax” means any tax imposed on, or measured by, net income.
“agricultural products” applies throughout its chapter
the term “agricultural products”, means agricultural, horticultural, viticultural, and dairy products, food products of livestock, the products of poultry and bee raising, the edible products of forestry, and any and all products raised or produced on farms and processed or manufactured products thereof, transported or intended to be transported in interstate and/or foreign commerce.
“aquatic products” applies in that section
The term “aquatic products” includes all commercial products of aquatic life in both fresh and salt water, as carried on in the several States, the District of Columbia, the several Territories of the United States, the insular possessions, or other places under the jurisdiction of the United States. Such associations may have marketing agencies in common, and such associations and their members may make the necessary contracts and agreements to effect such purposes: Provided, however , That such associations are operated for the mutual benefit of the members thereof, and conform to one or both of the following requirements: First.
“at any tier” applies throughout its chapter
The term “at any tier” means any subcontractor other than a subcontractor who is a first tier subcontractor. (ee) Puerto Rico business In this chapter,
“bundled contract” applies throughout its chapter
The term “bundled contract” means a contract that is entered into to meet requirements that are consolidated in a bundling of contract requirements. (2) Bundling of contract requirements
“bundling of contract requirements” applies throughout its chapter
The term “bundling of contract requirements” means consolidating 2 or more procurement requirements for goods or services previously provided or performed under separate smaller contracts into a solicitation of offers for a single contract that is likely to be unsuitable for award to a small-business concern due to— (A) the diversity, size, or specialized nature of the elements of the performance specified; (B) the aggregate dollar value of the anticipated award; (C) the geographical dispersion of the contract performance sites; or (D) any combination of the factors described in subparagraphs (A), (B), and (C).
“computer crime” applies throughout its chapter
the term “computer crime” means— (A) any crime committed against a small business concern by means of the use of a computer; and (B) any crime involving the illegal use of, or tampering with, a computer owned or utilized by a small business concern. (m) Definitions relating to contracting In this chapter: (1) Prime contract
“covered territory business” applies throughout its chapter
the term “covered territory business” means a small business concern that has its principal office located in one of the following: (1) The United States Virgin Islands. (2) American Samoa. (3) Guam. (4) The Northern Mariana Islands.
“credit elsewhere” applies throughout its chapter
The term “credit elsewhere” means— (1) for the purposes of this chapter (except as used in section 636(b) of this title ), the availability of credit on reasonable terms and conditions to the individual loan applicant from non-Federal, non-State, or non-local government sources, considering factors associated with conventional lending practices, including— (A) the business industry in which the loan applicant operates; (B) whether the loan applicant is an enterprise that has been in operation for a period of not more than 2 years; (C) the adequacy of the collateral available to secure the requested loan; (D) the loan term necessary to reasonably assure the ability of the loan applicant to …
“disaster” applies throughout its chapter
the term “disaster” means a sudden event which causes severe damage including, but not limited to, floods, hurricanes, tornadoes, earthquakes, fires, explosions, volcanoes, windstorms, landslides or mudslides, tidal waves, commercial fishery failures or fishery resource disasters (as determined by the Secretary of Commerce under the Fishery Resource Disasters Improvement Act), ocean conditions resulting in the closure of customary fishing waters, riots, civil disorders or other catastrophes, except it does not include economic dislocations. (2) For purposes of section 636(b)(2) of this title ,
“energy measures” applies throughout its chapter
the term “energy measures” includes— (1) solar thermal energy equipment which is either of the active type based upon mechanically forced energy transfer or of the passive type based on convective, conductive, or radiant energy transfer or some combination of these types; (2) photovoltaic cells and related equipment; (3) a product or service the primary purpose of which is conservation of energy through devices or techniques which increase the energy efficiency of existing equipment, methods of operation, or systems which use fossil fuels, and which is on the Energy Conservation Measures list of the Secretary of Energy or which the Administrator determines to be consistent with the intent …
“ESOP” applies throughout its chapter
The term “ESOP” has the meaning given the term “employee stock ownership plan” in section 4975(e)(7) of title 26 . (7) Surviving spouse
“first tier subcontractor” applies throughout its chapter
The term “first tier subcontractor” means a subcontractor who has a subcontract directly with the prime contractor. (3) At any tier
“handicapped individual” applies throughout its chapter
the term “handicapped individual” means an individual— (1) who has a physical, mental, or emotional impairment, defect, ailment, disease, or disability of a permanent nature which in any way limits the selection of any type of employment for which the person would otherwise be qualified or qualifiable; or (2) who is a service-disabled veteran. (g) “Energy measures” defined For purposes of section 636 of this title ,
“hedge fund” applies throughout its chapter
the term “hedge fund” has the meaning given that term in section 1851(h)(2) of title 12 . (cc) Private equity firm In this chapter,
“homeowners” applies throughout its chapter
the term “homeowners” includes owners and lessees of residential property and also includes personal property. (j) “Small agricultural cooperative” defined For the purposes of this chapter,
“major disaster” applies throughout its chapter
the term “major disaster” has the meaning given that term in section 5122 of title 42 . (t) Small business development center In this chapter,
“micro-purchase threshold” applies throughout its chapter
The term “micro-purchase threshold” has the meaning given such term in section 1902 of title 41 . (5) Total purchases and contracts for property and services
“multiple award contract” applies throughout its chapter
the term “multiple award contract” means— (1) a multiple award task order contract or delivery order contract that is entered into under the authority of sections 4101, 4103, 4105, and 4106 of title 41; and (2) any other indefinite delivery, indefinite quantity contract that is entered into by the head of a Federal agency with 2 or more sources pursuant to the same solicitation.
“non-Federally regulated lender” applies throughout its chapter
The term “non-Federally regulated lender” means a business concern if— (A) such concern is authorized by the Administrator to make loans under section 636 of this title ; (B) such concern is subject to regulation by a State; and (C) the lending activities of such concern are not regulated by any Federal banking authority. (s) Major disaster In this chapter,
“prime contract” applies throughout its chapter
The term “prime contract” has the meaning given such term in section 8701(4) of title 41 . (2) Prime contractor
“prime contractor” applies throughout its chapter
The term “prime contractor” has the meaning given such term in section 8701(5) of title 41 . (3) Simplified acquisition threshold
“private equity firm” applies throughout its chapter
the term “private equity firm” has the meaning given the term “private equity fund” in section 1851(h)(2) of title 12 . (dd) Definitions pertaining to subcontracting In this chapter: (1) Subcontract
“public or private organization for the handicapped” applies throughout its chapter
the term “public or private organization for the handicapped” means one— (1) which is organized under the laws of the United States or of any State, operated in the interest of handicapped individuals, the net income of which does not inure in whole or in part to the benefit of any shareholder or other individuals; (2) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and (3) which, in the production of commodities and in the provision of services during any fiscal year in which it received financial assistance under this subsection, employs handicapped individuals for not less than 75 per centum of the man-hours required for …
“Puerto Rico business” applies throughout its chapter
the term “Puerto Rico business” means a small business concern that has its principal office located in the Commonwealth of Puerto Rico. (ff) Covered territory business In this chapter,
“qualified area” applies in that section
the term “qualified area” means— (i) Iraq, (ii) Afghanistan, and (iii) any foreign country which included a combat zone, as that term is defined in section 112(c)(2) of title 26 , at the time of performance of the relevant Federal contract or subcontract. (5) Alternative size standard (A) In general The Administrator shall establish an alternative size standard for applicants for business loans under section 636(a) of this title and applicants for development company loans under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq.), that uses maximum tangible net worth and average net income as an alternative to the use of industry standards.
“qualified employee trust” applies throughout its chapter
the term “qualified employee trust” means, with respect to a small business concern, a trust— (A) which forms part of an employee stock ownership plan (as defined in section 4975(e)(7) of title 26 )— (i) which is maintained by such concern, and (ii) which provides that each participant is entitled to direct the plan trustee as to the manner of how to vote the qualified employer securities (as defined in section 4975(e)(8) of title 26 ), which are allocated to the account of such participant with respect to a corporate matter which (by law or charter) must be decided by a vote conducted in accordance with section 409(e) of the title 26; and (B) in the case of any loan guarantee under section …
“qualified HUBZone small business concern” applies throughout its chapter
the term “qualified HUBZone small business concern” has the meaning given such term in section 657a(b) of this title . (q) Definitions relating to veterans In this chapter, the following definitions apply: (1) Service-disabled veteran
“qualified Indian tribe” applies throughout its chapter
the term “qualified Indian tribe” means an Indian tribe as defined in section 5304(a) 1 of title 25, which owns and controls 100 per centum of a small business concern. (e) “Public or private organization for the handicapped” defined For purposes of section 636 of this title ,
“region of the Administration” applies throughout its chapter
the term “region of the Administration” means the geographic area served by a regional office of the Administration established under section 633(a) of this title . (v) Multiple award contract In this chapter,
“service-disabled veteran” applies throughout its chapter
The term “service-disabled veteran” means a veteran with a disability that is service-connected (as defined in section 101(16) of title 38 ). (2) Small business concern owned and controlled by service-disabled veterans
“simplified acquisition threshold” applies throughout its chapter
The term “simplified acquisition threshold” has the meaning given such term in section 134 of title 41 . (4) Micro-purchase threshold
“small agricultural cooperative” applies throughout its chapter
the term “small agricultural cooperative” means an association (corporate or otherwise) acting pursuant to the provisions of the Agricultural Marketing Act ( 12 U.S.C. 1141j ), whose size does not exceed the size standard established by the Administration for other similar agricultural small business concerns. In determining such size, the Administration shall regard the association as a business concern and shall not include the income or employees of any member shareholder of such cooperative. (k) “Disaster” defined (1) For the purposes of this chapter,
“small business concern owned and controlled by service-disabled veterans” applies throughout its chapter
The term “small business concern owned and controlled by service-disabled veterans” means any of the following: (A) A small business concern— (i) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock (not including any stock owned by an ESOP) of which is owned by one or more service-disabled veterans; and (ii) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
“small business concern owned and controlled by veterans” applies throughout its chapter
The term “small business concern owned and controlled by veterans” means a small business concern— (A) not less than 51 percent of which is owned by one or more veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (B) the management and daily business operations of which are controlled by one or more veterans. (4) Veteran
“small business development center” applies throughout its chapter
the term “small business development center” means a small business development center described in section 648 of this title . (u) Region of the Administration In this chapter,
“small business lending company” applies throughout its chapter
The term “small business lending company” means a business concern that is authorized by the Administrator to make loans pursuant to section 636(a) of this title and whose lending activities are not subject to regulation by any Federal or State regulatory agency. (2) Non-Federally regulated lender
“subcontract” applies throughout its chapter
The term “subcontract” means a legally binding agreement between a contractor that is already under contract to another party to perform work, and a third party, hereinafter referred to as the subcontractor, for the subcontractor to perform a part, or all, of the work that the contractor has undertaken. (2) First tier subcontractor
“surviving spouse” applies throughout its chapter
The term “surviving spouse” has the meaning given such term in section 101(3) of title 38 . (r) Definitions relating to small business lending companies As used in section 650 of this title : (1) Small business lending company
“total purchases and contracts for property and services” applies throughout its chapter
The term “total purchases and contracts for property and services” shall mean total number and total dollar amount of contracts and orders for property and services. (n) “Small business concern owned and controlled by women” defined For the purposes of this chapter, a small business concern is a small business concern owned and controlled by women if— (1) at least 51 percent of small 3 business concern is owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) the management and daily business operations of the business are controlled by one or more women.
“venture capital operating company” applies throughout its chapter
the term “venture capital operating company” means an entity described in clause (i), (v), or (vi) of section 121.103(b)(5) of title 13, Code of Federal Regulations (or any successor thereto). (bb) Hedge fund In this chapter,
“veteran” applies throughout its chapter
The term “veteran” has the meaning given the term in section 101(2) of title 38 . (5) Relief from time limitations (A) In general Any time limitation on any qualification, certification, or period of participation imposed under this chapter on any program that is available to small business concerns shall be extended for a small business concern that— (i) is owned and controlled by— (I) a veteran who was called or ordered to active duty under a provision of law specified in section 101(a)(13)(B) of title 10 on or after September 11, 2001 ; or (II) a service-disabled veteran who became such a veteran due to an injury or illness incurred or aggravated in the active military, naval, or air …
“United States” applies throughout its chapter
the term “United States” includes the several States, the Territories and possessions of the United States, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and the District of Columbia.
“Hearing Officer” applies in that section
the term “Hearing Officer” means an individual appointed or redesignated under this subsection who is an attorney licensed by a State, commonwealth, territory or possession of the United States, or the District of Columbia.
“agency” applies in that section
the term “agency” has the meaning given the term in section 551 of title 5 ;
“Chief Counsel for Advocacy” applies in that section
the term “Chief Counsel for Advocacy” means the Chief Counsel for Advocacy of the Small Business Administration;
“covered trade agreement” applies in that section
the term “covered trade agreement” means a trade agreement being negotiated pursuant to section 4202(b) of title 19 ; and;
“Working Group” applies in that section
the term “Working Group” means the Interagency Working Group convened under paragraph (2)(A). (2) Working group (A) In general Not later than 30 days after the date on which the President submits the notification required under section 4204(a) of title 19 , the Chief Counsel for Advocacy shall convene an Interagency Working Group, which shall consist of an employee from each of the following agencies, as selected by the head of the agency or an official delegated by the head of the agency: (i) The Office of the United States Trade Representative. (ii) The Department of Commerce. (iii) The Department of Agriculture.
“active service” applies in that section
the term “active service” has the meaning given that term in section 101(d)(3) of title 10 ;
“additional covered nonprofit entity” applies in that section
the term “additional covered nonprofit entity”— (I) means an organization described in any paragraph of section 501(c) of title 26 , other than paragraph (3), (4), (6), or (19), and exempt from tax under section 501(a) of such title; and (II) does not include any entity that, if the entity were a business concern, would be described in section 120.110 of title 13, Code of Federal Regulations (or in any successor regulation or other related guidance or rule that may be issued by the Administrator) other than a business concern described in paragraph (a) or (k) of such section.
“an area affected by a disaster” applies in that section
the term “an area affected by a disaster” includes any county, or county contiguous thereto, determined to be a disaster by the President, the Secretary of Agriculture or the Administrator of the Small Business Administration. (8) Disaster loans for superstorm sandy.— (A) In general .— Notwithstanding any other provision of law, and subject to the same requirements and procedures that are used to make loans pursuant to subsection (b), a small business concern, homeowner, nonprofit entity, or renter that was located within an area and during the time period with respect to which a major disaster was declared by the President under section 401 of the Robert T.
“appropriate Federal banking agency” applies in that section
the terms “appropriate Federal banking agency” and “insured depository institution” have the meanings given those terms in section 1813 of title 12 ;
“biomass” applies in that section
the term “biomass”— (aa) means any organic material that is available on a renewable or recurring basis, including— (AA) agricultural crops; (BB) trees grown for energy production; (CC) wood waste and wood residues; (DD) plants (including aquatic plants and grasses); (EE) residues; (FF) fibers; (GG) animal wastes and other waste materials; and (HH) fats, oils, and greases (including recycled fats, oils, and greases); and (bb) does not include— (AA) paper that is commonly recycled; or (BB) unsegregated solid waste;
“community development financial institution” applies in that section
the term “community development financial institution” has the meaning given the term in section 4702 of title 12 ); 5;
“community financial institutions” applies in that section
the term “community financial institutions” means— (I) a community development financial institution; (II) a minority depository institution, as defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1463 note); (III) a development company that is certified under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq.); and (IV) an intermediary, as defined in subsection (m)(11);
“cooperative” applies in that section
the term “cooperative” means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation. (B) Authority .— The Administration shall guarantee loans made to a cooperative for the purpose described in paragraph (15). (36) Paycheck protection program.— (A) Definitions .— In this paragraph—;
“cost” applies in that section
the term “cost” has the meaning given that term in section 661a of title 2 . (B) Payer .— The yearly fee assessed under subparagraph (A) shall be payable by the participating lender and shall not be charged to the borrower.
“covered energy efficiency loan” applies in that section
the term “covered energy efficiency loan” means a loan— (I) made under this subsection; and (II) the proceeds of which are used to purchase energy efficient designs, equipment, or fixtures, or to reduce the energy consumption of the borrower by 10 percent or more; and;
“covered loan” applies in that section
the term “covered loan” means a loan made under this paragraph during the covered period;
“covered mortgage obligation” applies in that section
the terms “covered mortgage obligation”, “covered operating expenditure”, “covered property damage cost”, “covered rent obligation”, “covered supplier cost”, “covered utility payment”, and “covered worker protection expenditure” have the meanings given those terms in section 636m(a) of this title ;
“covered operating expenditure” applies in that section
the terms “covered mortgage obligation”, “covered operating expenditure”, “covered property damage cost”, “covered rent obligation”, “covered supplier cost”, “covered utility payment”, and “covered worker protection expenditure” have the meanings given those terms in section 636m(a) of this title ;
“covered period” applies in that section
the term “covered period” means the period beginning on February 15, 2020 and ending on June 30, 2021 ;
“covered property damage cost” applies in that section
the terms “covered mortgage obligation”, “covered operating expenditure”, “covered property damage cost”, “covered rent obligation”, “covered supplier cost”, “covered utility payment”, and “covered worker protection expenditure” have the meanings given those terms in section 636m(a) of this title ;
“covered recipient” applies in that section
the term “covered recipient” means an eligible recipient that— (I) operates as a sole proprietorship or as an independent contractor, or is an eligible self-employed individual; (II) reports farm income or expenses on a Schedule F (or any equivalent successor schedule); and (III) was in business as of February 15, 2020 .
“covered rent obligation” applies in that section
the terms “covered mortgage obligation”, “covered operating expenditure”, “covered property damage cost”, “covered rent obligation”, “covered supplier cost”, “covered utility payment”, and “covered worker protection expenditure” have the meanings given those terms in section 636m(a) of this title ;
“covered supplier cost” applies in that section
the terms “covered mortgage obligation”, “covered operating expenditure”, “covered property damage cost”, “covered rent obligation”, “covered supplier cost”, “covered utility payment”, and “covered worker protection expenditure” have the meanings given those terms in section 636m(a) of this title ;
“covered utility payment” applies in that section
the terms “covered mortgage obligation”, “covered operating expenditure”, “covered property damage cost”, “covered rent obligation”, “covered supplier cost”, “covered utility payment”, and “covered worker protection expenditure” have the meanings given those terms in section 636m(a) of this title ;
“covered worker protection expenditure” applies in that section
the terms “covered mortgage obligation”, “covered operating expenditure”, “covered property damage cost”, “covered rent obligation”, “covered supplier cost”, “covered utility payment”, and “covered worker protection expenditure” have the meanings given those terms in section 636m(a) of this title ;
“credit union” applies in that section
the term “credit union” means a State credit union or a Federal credit union, as those terms are defined, respectively, in section 1752 of title 12 ;
“destination marketing organization” applies in that section
the term “destination marketing organization” means a nonprofit entity that is— (I) an organization described in section 501(c) of title 26 and exempt from tax under section 501(a) of such title; or (II) a State, or a political subdivision of a State (including any instrumentality of such entities)— (aa) engaged in marketing and promoting communities and facilities to businesses and leisure travelers through a range of activities, including— (AA) assisting with the location of meeting and convention sites; (BB) providing travel information on area attractions, lodging accommodations, and restaurants; (CC) providing maps; and (DD) organizing group tours of local historical, recreational, and …
“disaster area” applies in that section
The term “disaster area” means the area for which the President has declared a major disaster, during the 5-year period beginning on the date of the declaration.;
“disaster-related substantial economic injury” applies in that section
the term “disaster-related substantial economic injury” means economic harm to a business concern that results in the inability of the business concern to— (I) meet its obligations as it matures; (II) meet its ordinary and necessary operating expenses; or (III) market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern because the business concern relies on materials from the disaster area or sells or markets in the disaster area; and;
“eligible entity” applies in that section
the term “eligible entity”— (I) means any business concern, nonprofit organization, housing cooperative, veterans organization, Tribal business concern, eligible self-employed individual, sole proprietor, independent contractor, or small agricultural cooperative that— (aa) employs not more than 300 employees; and (bb) (AA) except as provided in subitems (BB), (CC), and (DD), had gross receipts during the first, second, third, or, only with respect to an application submitted on or after January 1, 2021 , fourth quarter in 2020 that demonstrate not less than a 25 percent reduction from the gross receipts of the entity during the same quarter in 2019; (BB) if the entity was not in business …