r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“good Samaritan reduced price” applies in that section
The term “good Samaritan reduced price” means, with respect to the price of an apparently wholesome food or apparently fit grocery product, a price that is an amount not greater than the cost of handling, administering, harvesting, processing, packaging, transporting, and distributing the apparently wholesome food or apparently fit grocery product. (7) Grocery product
“grocery product” applies in that section
The term “grocery product” means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item. (8) Gross negligence
“gross negligence” applies in that section
The term “gross negligence” means voluntary and conscious conduct (including a failure to act) by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person. (9) Intentional misconduct
“intentional misconduct” applies in that section
The term “intentional misconduct” means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (10) Nonprofit organization
“nonprofit organization” applies in that section
The term “nonprofit organization” means an incorporated or unincorporated entity that— (A) is operating for religious, charitable, or educational purposes; and (B) does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity. (11) Person
“person” applies in that section
The term “person” means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity. (12) Qualified direct donor
“qualified direct donor” applies in that section
The term “qualified direct donor” means a retail grocer, wholesaler, agricultural producer, agricultural processor, agricultural distributor, restaurant, caterer, school food authority, or institution of higher education (as defined in section 1002 of title 20 ).
“qualifying school” applies in that section
the term “qualifying school” means a school in severe need, as described in section 1773(d)(1) of this title . (b) Establishment Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this section, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to State educational agencies for the purpose of providing subgrants to local educational agencies for qualifying schools to establish, maintain, or expand the school breakfast program in accordance with this section.
“agency head” applies throughout its subchapter
The term “agency head” means the head of any executive department, military department, agency, or independent establishment in the executive branch of the Government;
“fire organization” applies throughout its subchapter
The term “fire organization” means any governmental entity or public or private corporation or association maintaining fire protection facilities within the United States, its Territories and possessions, and any governmental entity or public or private corporation or association which maintains fire protection facilities in any foreign country in the vicinity of any installation of the United States.
“fire protection” applies throughout its subchapter
The term “fire protection” includes personal services and equipment required for fire prevention, the protection of life and property from fire,, 1 fire fighting, and emergency services, including basic medical support, basic and advanced life support, hazardous material containment and confinement, and special rescue events involving vehicular and water mishaps, and trench, building, and confined space extractions; and;
“State” applies in that section
the term “State” means— (1) a State; and (2) the Commonwealth of Puerto Rico. (b) In general If a State seeks reimbursement for amounts expended for resources and services provided to another State for the management and suppression of a wildfire, the Secretary, subject to subsections (c) and (d)— (1) may accept the reimbursement amounts from the other State; and (2) shall pay those amounts to the State seeking reimbursement.
“assume any and all liability” applies throughout its subchapter
The term “assume any and all liability” means— (A) the payment of— (i) any judgment, settlement, fine, penalty, or cost assessment (including prevailing party legal fees) associated with the applicable litigation; and (ii) any cost incurred in handling the applicable litigation (including legal fees); and (B) with respect to a Federal firefighter, arranging for, and paying the costs of, representation in the applicable litigation. (2) Federal firefighter
“Federal firefighter” applies throughout its subchapter
The term “Federal firefighter” means an individual furnished by the Secretary of Agriculture or the Secretary of the Interior under an agreement entered into under section 1856n of this title . (3) Foreign fire organization
“foreign fire organization” applies throughout its subchapter
The term “foreign fire organization” means any foreign governmental, public, or private entity that has wildfire protection resources. (4) Foreign firefighter
“foreign firefighter” applies throughout its subchapter
The term “foreign firefighter” means an individual furnished by a foreign fire organization under an agreement entered into under section 1856n of this title . (5) Wildfire
“wildfire” applies throughout its subchapter
The term “wildfire” means any forest or range fire. (6) Wildfire protection resources
“wildfire protection resources” applies throughout its subchapter
The term “wildfire protection resources” means any personnel, supplies, equipment, or other resources required for wildfire presuppression and suppression activities.
“associate-degree-granting college” applies in that section
the term “associate-degree-granting college” means an institution of higher education (as determined under section 101 of the Higher Education Act of 1965 [ 20 U.S.C. 1001 ]) that— (A) is a nonprofit institution that offers a 2-year associate-degree program or a 2-year certificate program; or (B) is a proprietary institution that offers a 2-year associate-degree program;
“bachelor-degree-granting institution” applies in that section
the term “bachelor-degree-granting institution” means an institution of higher education (as determined under section 101 of the Higher Education Act of 1965 [ 20 U.S.C. 1001 ]) that offers a baccalaureate degree program;
“eligible partnership” applies in that section
the term “eligible partnership” means one or more associate-degree-granting colleges in partnership with one or more other entities;
“in-demand industry sector or occupation” applies in that section
the term “in-demand industry sector or occupation” has the meaning given the term in section 3102 of title 29 ;
“junior or community college” applies in that section
the term “junior or community college” has the meaning given the term in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 );
“region” applies in that section
the term “region” means a labor market area, as that term is defined in section 3102 of title 29 ;
“science, technology, engineering, or mathematics” applies in that section
the terms “science, technology, engineering, or mathematics” or “STEM” mean science, technology, engineering, and mathematics, including computer science and cybersecurity; and (9) the term skilled technical workforce 4 has the meaning given such term in section 4(b) of the Innovations in Mentoring, Training, and Apprenticeships Act ( 42 U.S.C. 1862p ). 5
“STEM” applies in that section
the terms “science, technology, engineering, or mathematics” or “STEM” mean science, technology, engineering, and mathematics, including computer science and cybersecurity; and (9) the term skilled technical workforce 4 has the meaning given such term in section 4(b) of the Innovations in Mentoring, Training, and Apprenticeships Act ( 42 U.S.C. 1862p ). 5
“mathematics and science teacher” applies in that section
the term “mathematics and science teacher” means a science, technology, engineering, or mathematics teacher at the elementary school or secondary school level; and (2) the term “science”, in the context of elementary and secondary education, includes technology and pre-engineering.
“cost of attendance” applies in that section
the term “cost of attendance” has the meaning given such term in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087 ll );
“eligible entity” applies in that section
the term “eligible entity” means— (A) an institution of higher education; or (B) an institution of higher education that receives grant funds on behalf of a consortium of institutions of higher education;
“fellowship” applies in that section
the term “fellowship” means an award to an individual under section 1862n–1a of this title ;
“high need local educational agency” applies in that section
the term “high need local educational agency” has the meaning given such term in section 201 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 );
“mathematics and science teacher” applies in that section
the term “mathematics and science teacher” means a science, technology, engineering, mathematics, or computer science and artificial intelligence, including cybersecurity, teacher at the elementary school or secondary school level;
“scholarship” applies in that section
the term “scholarship” means an award under subsection (c);
“science, technology, engineering, or mathematics professional” applies in that section
the term “science, technology, engineering, or mathematics professional” means an individual who holds a baccalaureate, master’s, or doctoral degree in science, technology, engineering, mathematics, or computer science, including cybersecurity, and is working in or had a career in such field or a related area; and;
“stipend” applies in that section
the term “stipend” means an award under subsection (d). (j) Mathematics and science scholarship gift fund In accordance with section 1870(f) of this title , the Director is authorized to accept donations from the private sector to supplement but not supplant scholarships, stipends, internships, or fellowships associated with programs under this section or section 1862n–1a of this title .
“appropriate committees of Congress” applies in that section
The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives. (2) Major multi-user research facility project
“major multi-user research facility project” applies in that section
The term “major multi-user research facility project” means a science and engineering facility project that exceeds $100,000,000 in total construction, acquisition, or upgrade costs to the Foundation.
“eligible entity” applies in that section
the term “eligible entity” means an institution of higher education or a nonprofit research organization.
“human trafficking” applies in that section
The term “human trafficking” means an act or practice described in section 7102(11) of title 22 . (2) Social media platform
“social media platform” applies in that section
The term “social media platform” means a website or internet medium that— (A) permits a person to become a registered user, establish an account, or create a profile for the purpose of allowing users to create, share, and view user-generated content through such an account or profile; (B) enables 1 or more users to generate content that can be viewed by other users of the medium; and (C) primarily serves as a medium for users to interact with content generated by other users of the medium.
“domestic firm” applies in that section
the term “domestic firm” means a business entity which is organized under the laws of the United States or the laws of a State, district, commonwealth, territory, or possession of the United States, and which conducts business operations in the United States; and;
“foreign firm” applies in that section
the term “foreign firm” means a business entity not described in paragraph (1).
“State” applies throughout its subchapter
the term “State” means a State, the District of Columbia, Puerto Rico, the Virgin Islands or Guam.
“State” applies in that section
the term “State” means the several States of the United States, Indian tribes, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands. (f) Special rule (1) Tribes and territories The cost-share for assistance under this section provided to Indian tribes, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands shall be as provided under section 2310 of title 33 .
“Great Lakes State” applies in that section
the term “Great Lakes State” means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin. (d) Approval by Governors for diversion of water No water shall be diverted or exported from any portion of the Great Lakes within the United States, or from any tributary within the United States of any of the Great Lakes, for use outside the Great Lakes basin unless such diversion or export is approved by the Governor of each of the Great Lake 1 States.
“Great Lake” applies in that section
The term “Great Lake” means Lake Superior, Lake Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and Lake Ontario (including the St. Lawrence River to the 45th parallel of latitude). (B) Inclusions
“Great Lakes Commission” applies in that section
The term “Great Lakes Commission” means the Great Lakes Commission established by the Great Lakes Basin Compact ( 82 Stat. 414 ). (3) Great Lakes Fishery Commission
“Great Lakes Fishery Commission” applies in that section
The term “Great Lakes Fishery Commission” has the meaning given the term “Commission” in section 931 of title 16 . (4) Great Lakes State
“Great Lakes State” applies in that section
The term “Great Lakes State” means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin. (c) Great Lakes fishery and ecosystem restoration (1) Support plan (A) In general Not later than 1 year after December 11, 2000 , the Secretary shall develop a plan for activities of the Corps of Engineers that support the management of Great Lakes fisheries. (B) Use of existing documents To the maximum extent practicable, the plan shall make use of and incorporate documents that relate to the Great Lakes and are in existence on December 11, 2000 , such as lakewide management plans and remedial action plans.
“non-Federal interest” applies in that section
The term “non-Federal interest” means— (1) a legally constituted public body (including an Indian tribe and a tribal organization (as those terms are defined in section 5304 of title 25 )) and an inter-tribal consortium (as defined in section 3202 of title 25 ); or (2) a nonprofit entity with the consent of the affected local government, that has full authority and capability to perform the terms of its agreement and to pay damages, if necessary, in the event of failure to perform. (c) Enforcement; jurisdiction Every agreement entered into pursuant to this section shall be enforcible in the appropriate district court of the United States.
“principles and guidelines” applies in that section
the term “principles and guidelines” means the principles and guidelines contained in the document prepared by the Water Resources Council pursuant to section 1962a–2 of this title , entitled “Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies”, and dated March 10, 1983 . (2) In general Not later than 2 years after November 8, 2007 , the Secretary shall issue revisions, consistent with paragraph (3), to the principles and guidelines for use by the Secretary in the formulation, evaluation, and implementation of water resources projects.
“interagency guidelines” applies in that section
The term “interagency guidelines” means the interagency guidelines contained in the document finalized by the Council on Environmental Quality pursuant to section 1962–3 of this title in December 2014, to implement the principles and requirements. (2) Principles and requirements
“principles and requirements” applies in that section
The term “principles and requirements” means the principles and requirements contained in the document prepared by the Council on Environmental Quality pursuant to section 1962–3 of this title , entitled “Principles and Requirements for Federal Investments in Water Resources”, and dated March 2013.
“make and enforce contracts” applies in that section
the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) Protection against impairment The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.
“complaining party” applies in that section
The term “complaining party” means— (A) in the case of a person seeking to bring an action under subsection (a)(1), the Equal Employment Opportunity Commission, the Attorney General, or a person who may bring an action or proceeding under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.); or (B) in the case of a person seeking to bring an action under subsection (a)(2), the Equal Employment Opportunity Commission, the Attorney General, a person who may bring an action or proceeding under section 794a(a)(1) of title 29 , or a person who may bring an action or proceeding under title I of the Americans with Disabilities Act of 1990 [ 42 U.S.C. 12111 et seq.].
“discriminatory practice” applies in that section
The term “discriminatory practice” means the discrimination described in paragraph (1), or the discrimination or the violation described in paragraph (2), of subsection (a).
“Indian” applies in that section
the term “Indian” means a member of an Indian tribe;
“Indian religion” applies in that section
the term “Indian religion” means any religion— (A) which is practiced by Indians, and (B) the origin and interpretation of which is from within a traditional Indian culture or community; and;
“Indian tribe” applies in that section
the term “Indian tribe” means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.)), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
“State” applies in that section
the term “State” means any State of the United States, and any political subdivision thereof. (d) Protection of rights of Indians and Indian tribes Nothing in this section shall be construed as abrogating, diminishing, or otherwise affecting— (1) the inherent rights of any Indian tribe; (2) the rights, express or implicit, of any Indian tribe which exist under treaties, Executive orders, and laws of the United States; (3) the inherent right of Indians to practice their religions; and (4) the right of Indians to practice their religions under any Federal or State law.
“institution” applies throughout its subchapter
The term “institution” means any facility or institution— (A) which is owned, operated, or managed by, or provides services on behalf of any State or political subdivision of a State; and (B) which is— (i) for persons who are mentally ill, disabled, or retarded, or chronically ill or handicapped; (ii) a jail, prison, or other correctional facility; (iii) a pretrial detention facility; (iv) for juveniles— (I) held awaiting trial; (II) residing in such facility or institution for purposes of receiving care or treatment; or (III) residing for any State purpose in such facility or institution (other than a residential facility providing only elementary or secondary education that is not an …
“legislative days” applies throughout its subchapter
The term “legislative days” means any calendar day on which either House of Congress is in session.
“person” applies throughout its subchapter
The term “person” means an individual, a trust or estate, a partnership, an association, or a corporation;
“State” applies throughout its subchapter
The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States;
“prisoner” applies in that section
the term “prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.
“covered entity” applies throughout its chapter
the term “covered entity” means the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States;
“demonstrates” applies throughout its chapter
the term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion; and;
“exercise of religion” applies throughout its chapter
the term “exercise of religion” means religious exercise, as defined in section 2000cc–5 of this title .
“government” applies throughout its chapter
the term “government” includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, or of a covered entity;
“claimant” applies throughout its chapter
The term “claimant” means a person raising a claim or defense under this chapter. (2) Demonstrates
“demonstrates” applies throughout its chapter
The term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion. (3) Free Exercise Clause
“Free Exercise Clause” applies throughout its chapter
The term “Free Exercise Clause” means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion. (4) Government
“government” applies throughout its chapter
The term “government”— (A) means— (i) a State, county, municipality, or other governmental entity created under the authority of a State; (ii) any branch, department, agency, instrumentality, or official of an entity listed in clause (i); and (iii) any other person acting under color of State law; and (B) for the purposes of sections 2000cc–2(b) and 2000cc–3 of this title, includes the United States, a branch, department, agency, instrumentality, or official of the United States, and any other person acting under color of Federal law. (5) Land use regulation
“land use regulation” applies throughout its chapter
The term “land use regulation” means a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant’s use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest. (6) Program or activity
“program or activity” applies throughout its chapter
The term “program or activity” means all of the operations of any entity as described in paragraph (1) or (2) of section 2000d–4a of this title . (7) Religious exercise (A) In general
“religious exercise” applies throughout its chapter
The term “religious exercise” includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief. (B) Rule The use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose.
“cruel, inhuman, or degrading treatment or punishment” applies in that section
the term “cruel, inhuman, or degrading treatment or punishment” means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984 .
“cruel, inhuman, or degrading treatment or punishment” applies in that section
the term “cruel, inhuman, or degrading treatment or punishment” means cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984 . (3) Compliance The President shall take action to ensure compliance with this section, including through the establishment of administrative rules and procedures.
“Army Field Manual 2–22.3” applies in that section
the term “Army Field Manual 2–22.3” means the Army Field Manual 2–22.3 entitled “Human Intelligence Collector Operations” in effect on November 25, 2015 , or any similar successor Army Field Manual. (2) Restriction (A) In general An individual described in subparagraph (B) shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in the Army Field Manual 2–22.3.
“program” applies throughout its subchapter
the term “program” mean all of the operations of— (1) (A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2) (A) a college, university, or other postsecondary institution, or a public system of higher education; or (B) a local educational agency (as defined in section 7801 of title 20 ), system of vocational education, or other school system; (3) (A) an entire …
“because of sex” applies throughout its subchapter
The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e–2(h) of this title shall be interpreted to permit otherwise.
“commerce” applies throughout its subchapter
The term “commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.;
“complaining party” applies throughout its subchapter
The term “complaining party” means the Commission, the Attorney General, or a person who may bring an action or proceeding under this subchapter.;
“demonstrates” applies throughout its subchapter
The term “demonstrates” means meets the burdens of production and persuasion.;
“employee” applies throughout its subchapter
The term “employee” means an individual employed by an employer, except that the term “employee” shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision.
“employer” applies throughout its subchapter
The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of title 5 ), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of title 26 , except that …
“employment agency” applies throughout its subchapter
The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.;
“industry affecting commerce” applies throughout its subchapter
The term “industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor-Management Reporting and Disclosure Act of 1959 [ 29 U.S.C. 401 et seq.], and further includes any governmental industry, business, or activity.;
“labor organization” applies throughout its subchapter
The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.
“on the basis of sex” applies throughout its subchapter
The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e–2(h) of this title shall be interpreted to permit otherwise.
“person” applies throughout its subchapter
The term “person” includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers.;
“religion” applies throughout its subchapter
The term “religion” includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.;
“respondent” applies throughout its subchapter
The term “respondent” means an employer, employment agency, labor organization, joint labor-management committee controlling apprenticeship or other training or retraining program, including an on-the-job training program, or Federal entity subject to section 2000e–16 of this title .
“State” applies throughout its subchapter
The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act [ 43 U.S.C. 1331 et seq.].;
“data mining” applies in that section
The term “data mining” means a program involving pattern-based queries, searches, or other analyses of 1 or more electronic databases, where— (A) a department or agency of the Federal Government, or a non-Federal entity acting on behalf of the Federal Government, is conducting the queries, searches, or other analyses to discover or locate a predictive pattern or anomaly indicative of terrorist or criminal activity on the part of any individual or individuals; (B) the queries, searches, or other analyses are not subject-based and do not use personal identifiers of a specific individual, or inputs associated with a specific individual or group of individuals, to retrieve information from the …
“violation” applies in that section
the term “violation” means a practice that violates section 2000e–16b(a) of this title .
“Commission” applies throughout its chapter
The term “Commission” means the Equal Employment Opportunity Commission as created by section 2000e–4 of this title . (2) Employee; employer; employment agency; labor organization; member (A) In general
“employee” applies throughout its chapter
The term “employee” means— (i) an employee (including an applicant), as defined in section 2000e(f) of this title ; (ii) a State employee (including an applicant) described in section 2000e–16c(a) of this title ; (iii) a covered employee (including an applicant), as defined in section 1301 of title 2 ; (iv) a covered employee (including an applicant), as defined in section 411(c) of title 3 ; or (v) an employee or applicant to which section 2000e–16(a) of this title applies. (B) Employer
“employer” applies throughout its chapter
The term “employer” means— (i) an employer (as defined in section 2000e(b) of this title ); (ii) an entity employing a State employee described in section 2000e–16c(a) of this title ; (iii) an employing office, as defined in section 1301 of title 2 ; (iv) an employing office, as defined in section 411(c) of title 3 ; or (v) an entity to which section 2000e–16(a) of this title applies. (C) Employment agency; labor organization
“employment agency” applies throughout its chapter
The terms “employment agency” and “labor organization” have the meanings given the terms in section 2000e of this title . (D) Member The term “member”, with respect to a labor organization, includes an applicant for membership in a labor organization. (3) Family member
“family member” applies throughout its chapter
The term “family member” means, with respect to an individual— (A) a dependent (as such term is used for purposes of section 1181(f)(2) of title 29 ) of such individual, and (B) any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A). (4) Genetic information (A) In general
“genetic information” applies throughout its chapter
The term “genetic information” means, with respect to any individual, information about— (i) such individual’s genetic tests, (ii) the genetic tests of family members of such individual, and (iii) the manifestation of a disease or disorder in family members of such individual. (B) Inclusion of genetic services and participation in genetic research Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual. (C) Exclusions The term “genetic information” shall not include information about the sex or age of any individual.
“genetic monitoring” applies throughout its chapter
The term “genetic monitoring” means the periodic examination of employees to evaluate acquired modifications to their genetic material, such as chromosomal damage or evidence of increased occurrence of mutations, that may have developed in the course of employment due to exposure to toxic substances in the workplace, in order to identify, evaluate, and respond to the effects of or control adverse environmental exposures in the workplace. (6) Genetic services
“genetic services” applies throughout its chapter
The term “genetic services” means— (A) a genetic test; (B) genetic counseling (including obtaining, interpreting, or assessing genetic information); or (C) genetic education. (7) Genetic test (A) In general
“genetic test” applies throughout its chapter
The term “genetic test” means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes. (B) Exceptions The term “genetic test” does not mean an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes.
“labor organization” applies throughout its chapter
The terms “employment agency” and “labor organization” have the meanings given the terms in section 2000e of this title . (D) Member The term “member”, with respect to a labor organization, includes an applicant for membership in a labor organization. (3) Family member
“Commission” applies in that section
the term “Commission” means the Equal Employment Opportunity Commission.
“Commission” applies throughout its chapter
the term “Commission” means the Equal Employment Opportunity Commission;
“covered entity” applies throughout its chapter
the term “covered entity”— (A) has the meaning given the term “respondent” in section 2000e(n) of this title ; and (B) includes— (i) an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in section 2000e(b) of this title ; (ii) an employing office, as defined in section 1301 of title 2 and section 411(c) of title 3 ; (iii) an entity employing a State employee described in section 2000e–16c(a) of this title ; and (iv) an entity to which section 2000e–16(a) of this title applies;
“employee” applies throughout its chapter
the term “employee” means— (A) an employee (including an applicant), as defined in section 2000e(f) of this title ; (B) a covered employee (including an applicant), as defined in section 1301 of title 2 , and an individual described in section 1311(d) of title 2 ; (C) a covered employee (including an applicant), as defined in section 411(c) of title 3 ; (D) a State employee (including an applicant) described in section 2000e–16c(a) of this title ; or (E) an employee (including an applicant) to which section 2000e–16(a) of this title applies;
“known limitation” applies throughout its chapter
the term “known limitation” means physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee’s representative has communicated to the employer whether or not such condition meets the definition of disability specified in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 );
“person” applies throughout its chapter
the term “person” has the meaning given such term in section 2000e(a) of this title ;
“qualified employee” applies throughout its chapter
the term “qualified employee” means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if— (A) any inability to perform an essential function is for a temporary period; (B) the essential function could be performed in the near future; and (C) the inability to perform the essential function can be reasonably accommodated; and;
“reasonable accommodation” applies throughout its chapter
the terms “reasonable accommodation” and “undue hardship” have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ) and shall be construed as such terms are construed under such Act [ 42 U.S.C. 12101 et seq.] and as set forth in the regulations required by this chapter, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation.
“undue hardship” applies throughout its chapter
the terms “reasonable accommodation” and “undue hardship” have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ) and shall be construed as such terms are construed under such Act [ 42 U.S.C. 12101 et seq.] and as set forth in the regulations required by this chapter, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation.
“agency of the United States” applies throughout its chapter
The term “agency of the United States” means the executive branch of the United States, or any Government agency, or the legislative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, committee, commission, or other establishment in the judicial branch.;
“agreement for cooperation” applies throughout its chapter
The term “agreement for cooperation” means any agreement with another nation or regional defense organization authorized or permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134, or 2164 of this title, and made pursuant to section 2153 of this title .;
“atomic energy” applies throughout its chapter
The term “atomic energy” means all forms of energy released in the course of nuclear fission or nuclear transformation.;
“atomic weapon” applies throughout its chapter
The term “atomic weapon” means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.;
“byproduct material” applies throughout its chapter
The term “byproduct material” means— (1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content; (3) (A) any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005 , for use for a commercial, medical, or research activity; or (B) any material that— (i) has been made radioactive by use of a particle accelerator, including by use …
“Commission” applies throughout its chapter
The term “Commission” means the Atomic Energy Commission.;
“common defense and security” applies throughout its chapter
The term “common defense and security” means the common defense and security of the United States.;
“defense information” applies throughout its chapter
The term “defense information” means any information in any category determined by any Government agency authorized to classify information, as being information respecting, relating to, or affecting the national defense.;
“design” applies throughout its chapter
The term “design” means (1) specifications, plans, drawings, blueprints, and other items of like nature; (2) the information contained therein; or (3) the research and development data pertinent to the information contained therein.;
“Energy Committees” applies in that section
The term “Energy Committees” means the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.;
“extraordinary nuclear occurrence” applies throughout its chapter
The term “extraordinary nuclear occurrence” means any event causing a discharge or dispersal of source, special nuclear, or byproduct material from its intended place of confinement in amounts offsite, or causing radiation levels offsite, which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, determines to be substantial, and which the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, determines has resulted or will probably result in substantial damages to persons offsite or property offsite.
“financial protection” applies in that section
The term “financial protection” means the ability to respond in damages for public liability and to meet the costs of investigating and defending claims and settling suits for such damages.;
“fusion machine” applies in that section
The term “fusion machine” means a machine that is capable of— (1) transforming atomic nuclei, through fusion processes, into different elements, isotopes, or other particles; and (2) directly capturing and using the resultant products, including particles, heat, or other electromagnetic radiation. (ee) High-level Radioactive Waste; Spent Nuclear Fuel .—
“Government agency” applies in that section
The term “Government agency” means any executive department, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government.;
“high-level radioactive waste” applies in that section
The terms “high-level radioactive waste” and “spent nuclear fuel” have the meanings given such terms in section 10101 of this title . (ff) Legal Costs .— As used in section 2210 of this title ,
“indemnitor” applies in that section
The term “indemnitor” means (1) any insurer with respect to his obligations under a policy of insurance furnished as proof of financial protection; (2) any licensee, contractor or other person who is obligated under any other form of financial protection, with respect to such obligations; and (3) the Nuclear Regulatory Commission or the Secretary of Energy, as appropriate, with respect to any obligation undertaken by it in indemnity agreement entered into pursuant to section 2210 of this title .;
“international arrangement” applies in that section
The term “international arrangement” means any international agreement hereafter approved by the Congress or any treaty during the time such agreement or treaty is in full force and effect, but does not include any agreement for cooperation.;
“legal costs” applies in that section
the term “legal costs” means the costs incurred by a plaintiff or a defendant in initiating, prosecuting, investigating, settling, or defending claims or suits for damage arising under such section. (gg) Nuclear Waste Activities .— The term “nuclear waste activities”, as used in section 2210 of this title , means activities subject to an agreement of indemnification under subsection (d) of such section, that the Secretary of Energy is authorized to undertake, under this chapter or any other law, involving the storage, handling, transportation, treatment, or disposal of, or research and development on, spent nuclear fuel, high-level radioactive waste, or transuranic waste, including (but not …
“licensed activity” applies in that section
The term “licensed activity” means an activity licensed pursuant to this chapter and covered by the provisions of section 2210(a) of this title .;
“nuclear incident” applies in that section
The term “nuclear incident” means any occurrence, including an extraordinary nuclear occurrence, within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material: Provided, however , That as the term is used in section 2210( l ) of this title, it shall include any such occurrence outside the United States: And provided further , That as the term is used in section 2210(d) of this title , it shall include any such occurrence outside the …
“operator” applies in that section
The term “operator” means any individual who manipulates the controls of a utilization or production facility.;
“person” applies in that section
The term “person” means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government agency other than the Commission, any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing.;
“person indemnified” applies in that section
The term “person indemnified” means (1) with respect to a nuclear incident occurring within the United States or outside the United States as the term is used in section 2210(c) of this title , and with respect to any nuclear incident in connection with the design, development, construction, operation, repair, maintenance, or use of the nuclear ship Savannah, the person with whom an indemnity agreement is executed or who is required to maintain financial protection, and any other person who may be liable for public liability or (2) with respect to any other nuclear incident occurring outside the United States, the person with whom an indemnity agreement is executed and any other person who …
“precautionary evacuation” applies in that section
The term “precautionary evacuation” means an evacuation of the public within a specified area near a nuclear facility, or the transportation route in the case of an accident involving transportation of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or transuranic waste to or from a production or utilization facility, if the evacuation is— (1) the result of any event that is not classified as a nuclear incident but that poses imminent danger of bodily injury or property damage from the radiological properties of source material, special nuclear material, byproduct material, high-level radioactive waste, spent nuclear fuel, or …
“production facility” applies in that section
The term “production facility” means (1) any equipment or device determined by rule of the Commission to be capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission.
“public liability” applies in that section
The term “public liability” means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State, or a political subdivision of a State, in the course of responding to a nuclear incident or a precautionary evacuation), except: (i) claims under State or Federal workmen’s compensation acts of employees of persons indemnified who are employed at the site of and in connection with the activity where the nuclear incident occurs; (ii) claims arising out of an act of war; and (iii) whenever used in subsections (a), (c), and (k) of section 2210 of this title , claims for loss of, or damage to, or …
“research and development” applies in that section
The term “research and development” means (1) theoretical analysis, exploration, or experimentation; or (2) the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes.;
“Restricted Data” applies in that section
The term “Restricted Data” means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 2162 of this title .;
“source material” applies in that section
The term “source material” means (1) uranium, thorium, or any other material which is determined by the Commission pursuant to the provisions of section 2091 of this title to be source material; or (2) ores containing one or more of the foregoing materials, in such concentration as the Commission may by regulation determine from time to time.;
“special nuclear material” applies in that section
The term “special nuclear material” means (1) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Commission, pursuant to the provisions of section 2071 of this title , determines to be special nuclear material, but does not include source material; or (2) any material artificially enriched by any of the foregoing, but does not include source material. (bb) The term “United States” when used in a geographical sense includes all territories and possessions of the United States, the Canal Zone and Puerto Rico.;
“spent nuclear fuel” applies in that section
The terms “high-level radioactive waste” and “spent nuclear fuel” have the meanings given such terms in section 10101 of this title . (ff) Legal Costs .— As used in section 2210 of this title ,
“transuranic waste” applies in that section
The term “transuranic waste” means material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram, or in such other concentrations as the Nuclear Regulatory Commission may prescribe to protect the public health and safety.
“utilization facility” applies in that section
The term “utilization facility” means (1) any equipment or device, except an atomic weapon, determined by rule of the Commission to be capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission. (dd) Fusion Machine .—
“Hispanic-serving institution” applies in that section
The term “Hispanic-serving institution” has the meaning given the term in section 1101a(a) of title 20 . (2) Historically Black college and university
“historically Black college or university” applies in that section
The term “historically Black college or university” has the meaning given the term “part B institution” in section 1061 of title 20 . (3) Tribal college