r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE wiki — defined terms

“agency” applies throughout this title

The term “agency” includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense.

“department” applies throughout this title

The term “department” means one of the executive departments enumerated in section 1 of Title 5 , unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government.

“obligation or other security of the United States” applies in that section

The term “obligation or other security of the United States” includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.

“Postal Service” applies throughout this title

the term “Postal Service” means the United States Postal Service established under title 39, and every officer and employee of that Service, whether or not such officer or employee has taken the oath of office.

“minor” applies in that section

the term “minor” means a person less than 18 years of age. (c) Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.

“obligation or other security of any foreign government” applies in that section

The term “obligation or other security of any foreign government” includes, but is not limited to, uncanceled stamps, whether or not demonetized.

“crime of violence” applies in that section

The term “crime of violence” means— (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or prop­erty of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

“organization” applies throughout this title

the term “organization” means a person other than an individual.

“petty offense” applies throughout this title

the term “petty offense” means a Class B misdemeanor, a Class C misdemeanor, or an infraction, for which the maximum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization.

“financial institution” applies throughout this title

the term “financial institution” means— (1) an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act); (2) a credit union with accounts insured by the National Credit Union Share Insurance Fund; (3) a Federal home loan bank or a member, as defined in section 2 of the Federal Home Loan Bank Act ( 12 U.S.C. 1422 ), of the Federal home loan bank system; (4) a System institution of the Farm Credit System, as defined in section 5.35(3) of the Farm Credit Act of 1971; (5) a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 ( 15 U.S.C.

“official representation” applies in that section

the term “official representation” means any representation made by a Federal law enforcement officer (as defined in section 115) or by another person at the direction or with the approval of such an officer.

“court of the United States” applies throughout this title

the term “court of the United States” includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands.

“Federal health care offense” applies throughout this title

the term “Federal health care offense” means a violation of, or a criminal conspiracy to violate— (1) section 669, 1035, 1347, or 1518 of this title or section 1128B of the Social Security Act ( 42 U.S.C. 1320a–7b ); or (2) section 287, 371, 664, 666, 1001, 1027, 1341, 1343, 1349, or 1954 of this title section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ), or section 501 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1131 ), or section 411, 518, or 511 of the Employee Retirement Income Security Act of 1974,, 1 if the violation or conspiracy relates to a health care benefit program. (b) As used in this title,

“health care benefit program” applies throughout this title

the term “health care benefit program” means any public or private plan or contract, affecting commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual or entity who is providing a medical benefit, item, or service for which payment may be made under the plan or contract.

“crime of violence” applies in that section

The term “crime of violence” has the meaning set forth in section 16. (2) Minor .—

“minor” applies in that section

The term “minor” means a person who has not reached 18 years of age. (3) Uses .—

“uses” applies in that section

The term “uses” means employs, hires, persuades, induces, entices, or coerces. (b) Penalties .— Any person who is 18 years of age or older, who intentionally uses a minor to commit a crime of violence for which such person may be prosecuted in a court of the United States, or to assist in avoiding detection or apprehension for such an offense, shall— (1) for the first conviction, be subject to twice the maximum term of imprisonment and twice the maximum fine that would otherwise be authorized for the offense; and (2) for each subsequent conviction, be subject to 3 times the maximum term of imprisonment and 3 times the maximum fine that would otherwise be authorized for the offense.

“seaport” applies throughout this title

the term “seaport” means all piers, wharves, docks, and similar structures, adjacent to any waters subject to the jurisdiction of the United States, to which a vessel may be secured, including areas of land, water, or land and water under and in immediate proximity to such structures, buildings on or contiguous to such structures, and the equipment and materials on such structures or in such buildings.

“mortgage lending business” applies throughout this title

the term “mortgage lending business” means an organization which finances or refinances any debt secured by an interest in real estate, including private mortgage companies and any subsidiaries of such organizations, and whose activities affect interstate or foreign commerce.

“covered Federal offense” applies in that section

the term “covered Federal offense” means a level A offense or level B offense, as those terms are defined in section 3771A; and;

“victim of trafficking” applies in that section

the term “victim of trafficking” has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (b) Duress .— In a prosecution for a covered Federal offense, a defendant may establish duress by demonstrating that the defendant was a victim of trafficking at the time at which the defendant committed the offense. (c) Record or Proceeding Under Seal .— In any proceeding in which a defense under subsection (b) is raised, any record or part of the proceeding related to the defense shall, on motion, be placed under seal until such time as a conviction is entered for the offense.

“air navigation facility” applies throughout its chapter

the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

“aircraft” applies throughout its chapter

The term “aircraft” means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air. (2) Aviation quality .— The term “aviation quality”, with respect to a part of an aircraft or space vehicle, means the quality of having been manufactured, constructed, produced, maintained, repaired, overhauled, rebuilt, reconditioned, or restored in conformity with applicable standards specified by law (including applicable regulations). (3) Destructive substance .—

“aircraft engine” applies throughout its chapter

the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

“appliance” applies throughout its chapter

the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

“civil aircraft” applies throughout its chapter

the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

“destructive substance” applies throughout its chapter

The term “destructive substance” means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature. (4) In flight .—

“foreign air commerce” applies throughout its chapter

the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

“in flight” applies throughout its chapter

The term “in flight” means— (A) any time from the moment at which all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and (B) in the case of a forced landing, until competent authorities take over the responsibility for the aircraft and the persons and property on board. (5) In service .—

“in service” applies throughout its chapter

The term “in service” means— (A) any time from the beginning of preflight preparation of an aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing; and (B) in any event includes the entire period during which the aircraft is in flight. (6) Motor vehicle .—

“interstate air commerce” applies throughout its chapter

the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

“landing area” applies throughout its chapter

the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

“motor vehicle” applies throughout its chapter

The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo. (7) Part .—

“overseas air commerce” applies throughout its chapter

the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

“part” applies throughout its chapter

The term “part” means a frame, assembly, component, appliance, engine, propeller, material, part, spare part, piece, section, or related integral or auxiliary equipment. (8) Space vehicle .—

“propeller” applies throughout its chapter

the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

“space vehicle” applies throughout its chapter

The term “space vehicle” means a man-made device, either manned or unmanned, designed for operation beyond the Earth’s atmosphere. (9) State .—

“spare part” applies throughout its chapter

the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

“special aircraft jurisdiction of the United States” applies throughout its chapter

the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections 40102(a) and 46501 of title 49.

“State” applies throughout its chapter

The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (10) Used for commercial purposes .—

“used for commercial purposes” applies throughout its chapter

The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. (b) Terms Defined in Other Law .— In this chapter,

“national of the United States” applies in that section

the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act. (c) Whoever willfully imparts or conveys any threat to do an act which would violate any of paragraphs (1) through (6) of subsection (a) or any of paragraphs (1) through (3) of subsection (b) of this section, with an apparent determination and will to carry the threat into execution shall be fined under this title or imprisoned not more than five years, or both.

“labor dispute” applies in that section

the term “labor dispute” has the meaning set forth in section 2(c) 1 of the Norris-LaGuardia Act, as amended ( 29 U.S.C. 113(c) ), and

“State” applies in that section

the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

“nonqualifying user” applies in that section

The term “nonqualifying user” means a person who uses a traffic signal preemption transmitter and is not acting on behalf of a public agency or private corporation authorized by law to provide fire protection, law enforcement, emergency medical services, transit services, maintenance, or other services for a Federal, State, or local government entity, but does not include a person using a traffic signal preemption transmitter for classroom or instructional purposes.

“traffic signal preemption transmitter” applies in that section

The term “traffic signal preemption transmitter” means any mechanism that can change or alter a traffic signal’s phase time or sequence. (2) Nonqualifying user .—

“laser pointer” applies in that section

the term “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.

“runway exclusion zone” applies in that section

the term “runway exclusion zone” means a rectangular area— (A) centered on the centerline of an active runway of an airport immediately around which the airspace is designated as class B, class C, or class D airspace at the surface under part 71 of title 14, Code of Federal Regulations; and (B) the length of which extends parallel to the runway’s centerline to points that are 1 statute mile from each end of the runway and the width of which is ½ statute mile. (c) Penalty.— (1) In general .— Except as provided in paragraph (2), the punishment for an offense under subsections 1 (a) or (b) shall be a fine under this title, imprisonment for not more than 1 year, or both.

“unmanned aircraft” applies in that section

The term “unmanned aircraft” has the meaning given the term in section 44801 of title 49 , United States Code. (2) Wildfire .—

“wildfire” applies in that section

The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act ( 42 U.S.C. 1856m ). (3) Wildfire suppression .—

“wildfire suppression” applies in that section

The term “wildfire suppression” means an effort to contain, extinguish, or suppress a wildfire.

“wildlife” applies in that section

the terms “wildlife” and “wildlife resources” include those resources that comprise wild mammals, wild birds, fish (including mollusks and crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent.

“wildlife resources” applies in that section

the terms “wildlife” and “wildlife resources” include those resources that comprise wild mammals, wild birds, fish (including mollusks and crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent.

“animal enterprise” applies in that section

the term “animal enterprise” means— (A) a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing; (B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or (C) any fair or similar event intended to advance agricultural arts and sciences;

“course of conduct” applies in that section

the term “course of conduct” means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose;

“economic damage” applies in that section

the term “economic damage”— (A) means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation taken against a person or entity on account of that person’s or entity’s connection to, relationship with, or transactions with the animal enterprise; but (B) does not include any lawful economic disruption (including a lawful boycott) that results from lawful public, governmental, or business reaction to the disclosure of information about an animal …

“serious bodily injury” applies in that section

the term “serious bodily injury” means— (A) injury posing a substantial risk of death; (B) extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and;

“substantial bodily injury” applies in that section

the term “substantial bodily injury” means— (A) deep cuts and serious burns or abrasions; (B) short-term or nonobvious disfigurement; (C) fractured or dislocated bones, or torn members of the body; (D) significant physical pain; (E) illness; (F) short-term loss or impairment of the function of a bodily member, organ, or mental faculty; or (G) any other significant injury to the body.

“aircraft” applies in that section

The term “aircraft” means any contrivance used for flight in the air; and;

“motor vehicle” applies in that section

The term “motor vehicle” includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land.

“animal crush video” applies in that section

the term “animal crush video” means any photograph, motion-picture film, video or digital recording, or electronic image that— (A) depicts animal crushing; and (B) is obscene; and;

“animal crushing” applies in that section

the term “animal crushing” means actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury (as defined in section 1365 and including conduct that, if committed against a person and in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242);

“euthanizing an animal” applies in that section

the term “euthanizing an animal” means the humane destruction of an animal accomplished by a method that— (A) produces rapid unconsciousness and subsequent death without evidence of pain or distress; or (B) uses anesthesia produced by an agent that causes painless loss of consciousness and subsequent death.

“dating partner” applies in that section

the terms “dating partner” and “spouse or intimate partner” have the meanings 1 given those terms in section 2266;

“serious bodily injury” applies in that section

the term “serious bodily injury” has the meaning given that term in section 1365 of this title ;

“spouse or intimate partner” applies in that section

the terms “dating partner” and “spouse or intimate partner” have the meanings 1 given those terms in section 2266;

“strangling” applies in that section

the term “strangling” means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and;

“substantial bodily injury” applies in that section

the term “substantial bodily injury” means bodily injury which involves— (A) a temporary but substantial disfigurement; or (B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty;

“suffocating” applies in that section

the term “suffocating” means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.

“female genital mutilation” applies in that section

the term “female genital mutilation” means any procedure performed for non-medical reasons that involves partial or total removal of, or other injury to, the external female genitalia, and includes— (1) a clitoridectomy or the partial or total removal of the clitoris or the prepuce or clitoral hood; (2) excision or the partial or total removal (with or without excision of the clitoris) of the labia minora or the labia majora, or both; (3) infibulation or the narrowing of the vaginal opening (with or without excision of the clitoris); or (4) other procedures that are harmful to the external female genitalia, including pricking, incising, scraping, or cauterizing the genital area.

“domestic assault” applies in that section

the term “domestic assault” means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.

“covered person” applies in that section

the term “covered person” means— (A) an individual designated in section 1114; (B) a grand or petit juror, witness, or other officer in or of, any court of the United States, or an officer who may be, or was, serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate; (C) an informant or witness in a Federal criminal investigation or prosecution; or (D) a State or local officer or employee whose restricted personal information is made publicly available because of the participation in, or assistance provided to, a Federal criminal investigation by that officer or employee;

“crime of violence” applies in that section

the term “crime of violence” has the meaning given the term in section 16; and;

“immediate family” applies in that section

the term “immediate family” has the meaning given the term in section 115(c)(2).

“restricted personal information” applies in that section

the term “restricted personal information” means, with respect to an individual, the Social Security number, the home address, home phone number, mobile phone number, personal email, or home fax number of, and identifiable to, that individual;

“debtor” applies throughout its chapter

the term “debtor” means a debtor concerning whom a petition has been filed under title 11.

“bankruptcy petition preparer” applies in that section

the term “bankruptcy petition preparer” means a person, other than the debtor’s attorney or an employee of such an attorney, who prepares for compensation a document for filing; and;

“document for filing” applies in that section

the term “document for filing” means a petition or any other document prepared for filing by a debtor in a United States bankruptcy court or a United States district court in connection with a case under title 11. (b) Offense .— If a bankruptcy case or related proceeding is dismissed because of a knowing attempt by a bankruptcy petition preparer in any manner to disregard the requirements of title 11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this title, imprisoned not more than 1 year, or both.

“for use as a weapon” applies in that section

the term “for use as a weapon” includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for other than prophylactic, protective, bona fide research, or other peaceful purposes.

“alien” applies in that section

The term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(3) ).;

“lawfully admitted for permanent residence” applies in that section

The term “lawfully admitted for permanent residence” has the same meaning as in section 101(a)(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(20) ).

“restricted person” applies in that section

The term “restricted person” means an individual who— (A) is under indictment for a crime punishable by imprisonment for a term exceeding 1 year; (B) has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year; (C) is a fugitive from justice; (D) is an unlawful user of any controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C.

“select agent” applies in that section

The term “select agent” means a biological agent or toxin to which subsection (a) applies. Such term (including for purposes of subsection (a)) does not include any such biological agent or toxin that is in its naturally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.;

“variola virus” applies in that section

the term “variola virus” means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus.

“biological agent” applies throughout its chapter

the term “biological agent” means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of causing— (A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; (B) deterioration of food, water, equipment, supplies, or material of any kind; or (C) deleterious alteration of the environment;

“delivery system” applies throughout its chapter

the term “delivery system” means— (A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or (B) any vector;

“national of the United States” applies throughout its chapter

the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ).

“toxin” applies throughout its chapter

the term “toxin” means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes— (A) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or (B) any poisonous isomer or biological product, homolog, or derivative of such a substance;

“vector” applies throughout its chapter

the term “vector” means a living organism, or molecule, including a recombinant or synthesized molecule, capable of carrying a biological agent or toxin to a host; and;

“official act” applies in that section

the term “official act” means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official’s official capacity, or in such official’s place of trust or profit.

“person who has been selected to be a public official” applies in that section

the term “person who has been selected to be a public official” means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; and;

“public official” applies in that section

the term “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror;

“official responsibility” applies in that section

the term “official responsibility” means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action. (c) Except as otherwise provided in such sections, the terms “officer” and “employee” in sections 203, 205, 207 through 209, and 218 of this title shall not include the President, the Vice President, a Member of Congress, or a Federal judge.

“special Government employee” applies in that section

the term “special Government employee” shall mean an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis, a part-time United States commissioner, a part-time United States magistrate judge, or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and …

“covered matter” applies in that section

the term “covered matter” means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter. (i) Nothing in this section prevents an employee from acting pursuant to— (1) chapter 71 of title 5; (2) section 1004 or chapter 12 of title 39; (3) section 3 of the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831b ); (4) chapter 10 of title I of the Foreign Service Act of 1980 ( 22 U.S.C.

“authorized committee” applies in that section

the term “authorized committee” means any political committee designated in writing by a candidate as authorized to receive contributions or make expenditures to promote the nomination for election, or the election, of such candidate, or to explore the possibility of seeking nomination for election, or the election, of such candidate, except that a political committee that receives contributions or makes expenditures to promote more than 1 candidate may not be designated as an authorized committee for purposes of subparagraph (A);

“candidate” applies in that section

the term “candidate” means any person who seeks nomination for election, or election, to Federal or State office or who has authorized others to explore on his or her behalf the possibility of seeking nomination for election, or election, to Federal or State office;

“civil service” applies in that section

the term “civil service” has the meaning given that term in section 2101 of title 5 . (l) Contract Advice by Former Details .— Whoever, being an employee of a private sector organization assigned to an agency under chapter 37 of title 5, within one year after the end of that assignment, knowingly represents or aids, counsels, or assists in representing any other person (except the United States) in connection with any contract with that agency shall be punished as provided in section 216 of this title .

“committee of Congress” applies in that section

the term “committee of Congress” includes standing committees, joint committees, and select committees; (B) a person is an employee of a House of Congress if that person is an employee of the Senate or an employee of the House of Representatives;

“employee of any other legislative office of the Congress” applies in that section

the term “employee of any other legislative office of the Congress” means an officer or employee of the Architect of the Capitol, the United States Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the United States Capitol Police, and any other agency, entity, or office in the legislative branch not covered by paragraph (1), (2), (3), (4), or (5) of this subsection;

“employee of the House of Representatives” applies in that section

the term “employee of the House of Representatives” means an employee of a Member of the House of Representatives, an employee of a committee of the House of Representatives, an employee of a joint committee of the Congress whose pay is disbursed by the Clerk of the House of Representatives, and an employee on the leadership staff of the House of Representatives;

“employee of the Senate” applies in that section

the term “employee of the Senate” means an employee of a Senator, an employee of a committee of the Senate, an employee of a joint committee of the Congress whose pay is disbursed by the Secretary of the Senate, and an employee on the leadership staff of the Senate; (E) a person is an employee of a Member of the House of Representatives if that person is an employee of a Member of the House of Representatives under the clerk hire allowance; (F) a person is an employee of a Senator if that person is an employee in a position in the office of a Senator;

“employee on the leadership staff of the House of Representatives” applies in that section

the term “employee on the leadership staff of the House of Representatives” means an employee of the office of a Member of the leadership of the House of Representatives described in subparagraph (L), and any elected minority employee of the House of Representatives;

“employee on the leadership staff of the Senate” applies in that section

the term “employee on the leadership staff of the Senate” means an employee of the office of a Member of the leadership of the Senate described in subparagraph (M);

“foreign entity” applies in that section

the term “foreign entity” means the government of a foreign country as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended, or a foreign political party as defined in section 1(f) of that Act. (g) Special Rules for Detailees .— For purposes of this section, a person who is detailed from one department, agency, or other entity to another department, agency, or other entity shall, during the period such person is detailed, be deemed to be an officer or employee of both departments, agencies, or such entities.

“Member of Congress” applies in that section

the term “Member of Congress” means a Senator or a Member of the House of Representatives;

“Member of the House of Representatives” applies in that section

the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress;

“Member of the leadership of the House of Representatives” applies in that section

the term “Member of the leadership of the House of Representatives” means the Speaker, majority leader, minority leader, majority whip, minority whip, chief deputy majority whip, chief deputy minority whip, chairman of the Democratic Steering Committee, chairman and vice chairman of the Democratic Caucus, chairman, vice chairman, and secretary of the Republican Conference, chairman of the Republican Research Committee, and chairman of the Republican Policy Committee, of the House of Representatives (or any similar position created on or after the effective date set forth in section 102(a) of the Ethics Reform Act of 1989);

“Member of the leadership of the Senate” applies in that section

the term “Member of the leadership of the Senate” means the Vice President, and the President pro tempore, Deputy President pro tempore, majority leader, minority leader, majority whip, minority whip, chairman and secretary of the Conference of the Majority, chairman and secretary of the Conference of the Minority, chairman and co-chairman of the Majority Policy Committee, and chairman of the Minority Policy Committee, of the Senate (or any similar position created on or after the effective date set forth in section 102(a) of the Ethics Reform Act of 1989).

“national committee” applies in that section

the term “national committee” means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level;

“national Federal campaign committee” applies in that section

the term “national Federal campaign committee” means an organization that, by virtue of the bylaws of a political party, is established primarily for the purpose of providing assistance, at the national level, to candidates nominated by that party for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress;

“officer or employee” applies in that section

the term “officer or employee” includes the Vice President. (6) Exception for testimony .— Nothing in this section shall prevent an individual from giving testimony under oath, or from making statements required to be made under penalty of perjury.

“participated” applies in that section

the term “participated” means an action taken as an officer or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or other such action; and;

“particular matter” applies in that section

the term “particular matter” includes any investigation, application, request for a ruling or determination, rulemaking, contract, controversy, claim, charge, accusation, arrest, or judicial or other proceeding. (j) Exceptions.— (1) Official government duties .— (A) In general .— The restrictions contained in this section shall not apply to acts done in carrying out official duties on behalf of the United States or the District of Columbia or as an elected official of a State or local government.

“political party” applies in that section

the term “political party” means an association, committee, or organization that nominates a candidate for election to any Federal or State elected office whose name appears on the election ballot as the candidate of such association, committee, or organization; and;

“State” applies in that section

the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (k) (1) (A) The President may grant a waiver of a restriction imposed by this section to any officer or employee described in paragraph (2) if the President determines and certifies in writing that it is in the public interest to grant the waiver and that the services of the officer or employee are critically needed for the benefit of the Federal Government. Not more than 25 officers and employees currently employed by the Federal Government at any one time may have been granted waivers under this paragraph.

“State committee” applies in that section

the term “State committee” means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level;

“trade negotiation” applies in that section

the term “trade negotiation” means negotiations which the President determines to undertake to enter into a trade agreement pursuant to section 1102 of the Omnibus Trade and Competitiveness Act of 1988, and does not include any action taken before that determination is made; and;

“treaty” applies in that section

the term “treaty” means an international agreement made by the President that requires the advice and consent of the Senate. (c) One-Year Restrictions on Certain Senior Personnel of the Executive Branch and Independent Agencies.— (1) Restrictions .— In addition to the restrictions set forth in subsections (a) and (b), any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including an independent agency), who is referred to in paragraph (2), and who, within 1 year after the termination of his or her service or employment as such officer or employee, knowingly makes, with the intent to influence, any communication to …

“agency” applies in that section

the term “agency” means an agency (as defined by section 3701 of title 5 ) and the Office of the Chief Technology Officer of the District of Columbia. (h) This section does not prohibit a member of the reserve components of the armed forces, or a member of the Space Force, on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10 from receiving from any person that employed such member before the call or order to active duty any payment of any part of the salary or wages that such person would have paid the member if the member’s employment had not been interrupted by such call or order to active duty.

“examiner” applies in that section

The term “examiner” means any person— (A) appointed by a Federal financial institution regulatory agency or pursuant to the laws of any State to examine a financial institution; or (B) elected under the law of any State to conduct examinations of any financial institutions. (2) Federal financial institution regulatory agency .—

“Federal financial institution regulatory agency” applies in that section

The term “Federal financial institution regulatory agency” means— (A) the Office of the Comptroller of the Currency; (B) the Board of Governors of the Federal Reserve System; (C) the Federal Deposit Insurance Corporation; (D) the Federal Housing Finance Agency; (E) the Farm Credit Administration; (F) the Farm Credit System Insurance Corporation; and (G) the Small Business Administration. (3) Financial institution .— The term “financial institution” does not include a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company.

“applicable beneficiary” applies in that section

the terms “applicable beneficiary” and “applicable drug” have the meanings given those terms in section 1860D–14A(g) of the Social Security Act ( 42 U.S.C. 1395w–114a(g) );

“applicable drug” applies in that section

the terms “applicable beneficiary” and “applicable drug” have the meanings given those terms in section 1860D–14A(g) of the Social Security Act ( 42 U.S.C. 1395w–114a(g) );

“clinical treatment facility” applies in that section

the term “clinical treatment facility” means a medical setting, other than a hospital, that provides detoxification, risk reduction, outpatient treatment and care, residential treatment, or rehabilitation for substance use, pursuant to licensure or certification under State law;

“health care benefit program” applies in that section

the term “health care benefit program” has the meaning given the term in section 24(b);

“laboratory” applies in that section

the term “laboratory” has the meaning given the term in section 353 of the Public Health Service Act ( 42 U.S.C. 263a ); and;

“recovery home” applies in that section

the term “recovery home” means a shared living environment that is, or purports to be, free from alcohol and illicit drug use and centered on peer support and connection to services that promote sustained recovery from substance use disorders.

“person” applies in that section

The term “person” means any individual and any partnership, corporation, association, or other entity.

“scheme in commerce” applies in that section

The term “scheme in commerce” means any scheme effectuated in whole or in part through the use in interstate or foreign commerce of any facility for transportation or communication;

“sporting contest” applies in that section

The term “sporting contest” means any contest in any sport, between individual contestants or teams of contestants (without regard to the amateur or professional status of the contestants therein), the occurrence of which is publicly announced before its occurrence;

“continuing financial crimes enterprise” applies in that section

the term “continuing financial crimes enterprise” means a series of violations under section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of this title, or section 1341 or 1343 affecting a financial institution, committed by at least 4 persons acting in concert.

“secure or restricted area” applies in that section

the term “secure or restricted area” means an area of a vessel or facility designated as secure in an approved security plan, as required under section 70103 of title 46 , United States Code, and the rules and regulations promulgated under that section.

“covered government person” applies in that section

the term “covered government person” means— (1) a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress; (2) an employee of either House of Congress; or (3) the President, Vice President, an employee of the United States Postal Service or the Postal Regulatory Commission, or any other executive branch employee (as such term is defined under section 2105 of title 5 , United States Code).

“Indian tribe” applies in that section

the term “Indian tribe” has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ); 1;

“State” applies in that section

the term “State” includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and;

“support obligation” applies in that section

the term “support obligation” means any amount determined under a court order or an order of an administrative process pursuant to the law of a State or of an Indian tribe to be due from a person for the support and maintenance of a child or of a child and the parent with whom the child is living.

“chemical weapon” applies throughout its chapter

The term “chemical weapon” means the following, together or separately: (A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose. (B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device. (C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B). (2) Chemical weapons convention; convention .—

“Chemical Weapons Convention” applies throughout its chapter

The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993 . (3) Key component of a binary or multicomponent chemical system .—

“Convention” applies throughout its chapter

The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993 . (3) Key component of a binary or multicomponent chemical system .—

“key component of a binary or multicomponent chemical system” applies throughout its chapter

The term “key component of a binary or multicomponent chemical system” means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system. (4) National of the united states .—

“national of the United States” applies throughout its chapter

The term “national of the United States” has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ). (5) Person .— The term “person”, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States. (6) Precursor.— (A) In general .—

“precursor” applies throughout its chapter

The term “precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system. (B) List of precursors .— Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention. (7) Purposes not prohibited by this chapter .—

“purposes not prohibited by this chapter” applies throughout its chapter

The term “purposes not prohibited by this chapter” means the following: (A) Peaceful purposes .— Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity. (B) Protective purposes .— Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons. (C) Unrelated military purposes .— Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm.

“toxic chemical” applies throughout its chapter

The term “toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere. (B) List of toxic chemicals .— Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention. (9) United states .—

“United States” applies throughout its chapter

The term “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including— (A) any of the places within the provisions of paragraph (41) 1 of section 40102 of title 49 , United States Code; (B) any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37), 1 respectively, of section 40102 of title 49 , United States Code; and (C) any vessel of the United States, as such term is defined in section 70502(b) of title 46 , United States Code.

“civil disorder” applies throughout its chapter

The term “civil disorder” means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual.;

“commerce” applies throughout its chapter

The term “commerce” means commerce (A) between any State or the District of Columbia and any place outside thereof; (B) between points within any State or the District of Columbia, but through any place outside thereof; or (C) wholly within the District of Columbia.;

“explosive or incendiary device” applies throughout its chapter

The term “explosive or incendiary device” means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by one individual acting alone.;

“federally protected function” applies throughout its chapter

The term “federally protected function” means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term shall specifically include, but not be limited to, the collection and distribution of the United States mails.;