Part 702 Administration and Procedure
Part 703 Insurance Regulations
Part 704 Special Provisions for Lhwca Extensions

Terms Used In CFR > Title 20 > Chapter VI > Subchapter A

  • Acquisition: means the purchase of another telephone system, lines, or facilities whether by acquiring telephone plant in service or majority stock interest of one or more organizations. See 7 CFR 1737.2
  • Acquisition cost: means the cost of the asset including the cost to ready the asset for its intended use. See 45 CFR 75.2
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrator: means the Administrator of RUS. See 7 CFR 1737.2
  • Advance of funds: means the transferring of funds by RUS to the borrower's construction fund. See 7 CFR 1737.2
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Allocation: means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. See 45 CFR 75.2
  • Amortization: Paying off a loan by regular installments.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistant Attorney General: means the Assistant Attorney General, Civil Rights Division, United States Department of Justice. See 22 CFR 1005.103
  • Audit finding: means deficiencies which the auditor is required by §75. See 45 CFR 75.2
  • Auditee: means any non-Federal entity that expends Federal awards which must be audited under subpart F-of this part. See 45 CFR 75.2
  • Auditor: means an auditor who is a public accountant, or a Federal, state, local government, or Indian Tribe audit organization, which meets the general standards specified for external auditors in generally accepted government auditing standards (GAGAS). See 45 CFR 75.2
  • Auxiliary aids: means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. See 22 CFR 1005.103
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Borrower: means any organization which has an outstanding loan made or guaranteed by RUS, on which is seeking such financing. See 7 CFR 1737.2
  • Broadband Grant Speed: means the minimum bandwidth described in the funding opportunity that an applicant must propose to deliver to every customer in the proposed funded service area in order for the Agency to approve a broadband grant. See 7 CFR 1739.3
  • Broadband service: means any terrestrial technology having the capacity to provide transmission facilities that enable subscribers of the service to originate and receive high-quality voice, data, graphics, and video at the minimum rate of data transmission described in the funding opportunity. See 7 CFR 1739.3
  • carrier: as used in this part means any person or fund duly authorized to insure workmen's compensation benefits under said Act, or its extensions. See 20 CFR 703.101
  • Characteristics letter: means the letter informing the borrower of the characteristics of the proposed loan before the loan is recommended. See 7 CFR 1737.2
  • Closeout: means the process by which the Federal awarding agency or pass-through entity determines that all applicable administrative actions and all required work of the Federal award have been completed and takes actions as described in §75. See 45 CFR 75.2
  • Cluster of programs: means a grouping of closely related programs that share common compliance requirements. See 45 CFR 75.2
  • Cognizant agency for audit: means the Federal agency designated to carry out the responsibilities described in §75. See 45 CFR 75.2
  • Cognizant agency for indirect costs: means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under this part on behalf of all Federal agencies. See 45 CFR 75.2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community Center: means a building within the Proposed Funded Service Area that provides access to the public, or a section of a public building with at least two (2) Computer Access Points and wireless access, that is used for the purposes of providing free access to and/or instruction in the use of broadband Internet service, and is of the appropriate size to accommodate this purpose. See 7 CFR 1739.3
  • Complete complaint: means a written statement that contains the complainant's name and address and describes the agency's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of section 504. See 22 CFR 1005.103
  • Compliance supplement: means appendix XI to part 75 (previously known as the Circular A-133 Compliance Supplement). See 45 CFR 75.2
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means an entity that receives a contract as defined in Contract. See 45 CFR 75.2
  • Cooperative audit resolution: means the use of audit follow-up techniques which promote prompt corrective action by improving communication, fostering collaboration, promoting trust, and developing an understanding between the Federal agency and the non-Federal entity. See 45 CFR 75.2
  • Corrective action: means action taken by the auditee that:

    (1) Corrects identified deficiencies. See 45 CFR 75.2

  • Cost allocation plan: means central service cost allocation plan or public assistance cost allocation plan. See 45 CFR 75.2
  • Critical Community Facilities: means an essential community facility as defined pursuant to section 306(a) of the Consolidated Farm and Rural Development Act (7 U. See 7 CFR 1739.3
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. Source: OCC
  • Equipment: means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. See 45 CFR 75.2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Executor: A male person named in a will to carry out the decedent
  • Expenditures: means charges made by a non-Federal entity to a project or program for which a Federal award was received. See 45 CFR 75.2
  • Facility: means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property. See 22 CFR 1005.103
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal agency: means an "agency" as defined at 5 U. See 45 CFR 75.2
  • Federal awarding agency: means the Federal agency that provides a Federal award directly to a non-Federal entity. See 45 CFR 75.2
  • Federal share: means the portion of total project costs that are paid by Federal funds. See 45 CFR 75.2
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Handicapped person: means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. See 22 CFR 1005.103
  • Has a record of such an impairment: means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. See 22 CFR 1005.103
  • HHS awarding agency: means any organization component of HHS that is authorized to make and administer awards. See 45 CFR 75.2
  • Historic preservation programs: means programs conducted by the agency that have preservation of historic properties as a primary purpose. See 22 CFR 1005.103
  • Historic properties: means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under a statute of the appropriate State or local government body. See 22 CFR 1005.103
  • Indian tribe: means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U. See 45 CFR 75.2
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internal controls: means a process, implemented by a non-Federal entity, designed to provide reasonable assurance regarding the achievement of objectives in the following categories:

    (1) Effectiveness and efficiency of operations. See 45 CFR 75.2

  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law clerk: Assist judges with research and drafting of opinions.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means any loan made or guaranteed by RUS. See 7 CFR 1737.2
  • Loan: means a Federal loan or loan guarantee received or administered by a non-Federal entity, except as used in the definition of Program income. See 45 CFR 75.2
  • loan guarantee: means any Federal Government guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. See 45 CFR 75.2
  • Local government: means any unit of government within a state, including a:

    (1) County. See 45 CFR 75.2

  • Major life activities: includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. See 22 CFR 1005.103
  • Major program: means a Federal program determined by the auditor to be a major program in accordance with §75. See 45 CFR 75.2
  • Management decision: means the evaluation by the Federal awarding agency or pass-through entity of the audit findings and corrective action plan and the issuance of a written decision to the auditee as to what corrective action is necessary. See 45 CFR 75.2
  • Matching contribution: means the applicant's qualified contribution to the Project, as outlined in §1739. See 7 CFR 1739.3
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nonprofit organization: means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:

    (1) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest. See 45 CFR 75.2

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Oversight agency for audit: means the Federal awarding agency that provides the predominant amount of funding directly to a non-Federal entity not assigned a cognizant agency for audit. See 45 CFR 75.2
  • Pass-through entity: means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. See 45 CFR 75.2
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Prior approval: means written approval by an authorized HHS official evidencing prior consent before a recipient undertakes certain activities or incurs specific costs. See 45 CFR 75.2
  • Program income: means gross income earned by the non-Federal entity that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance except as provided in §75. See 45 CFR 75.2
  • Project: means the delivery of service at the Broadband Grant Speed financed by the grant and Matching Contribution for the Proposed Funded Service Area. See 7 CFR 1739.3
  • Property: means real property or personal property. See 45 CFR 75.2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Recipient: means an entity, usually but not limited to non-Federal entities, that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. See 45 CFR 75.2
  • Release of funds: means determination by RUS that a borrower has complied with all of the conditions prerequisite to the advances as set forth in the loan contract to the extent deemed necessary by RUS for approval of the use of loan funds and any required equity or other nonloan funds. See 7 CFR 1737.2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Rural area: means any area, as confirmed by the most recent decennial Census of the United States (decennial Census), which is not located within:

    (1) A city, town, or incorporated area that has a population of greater than 20,000 inhabitants. See 7 CFR 1739.3

  • RUS: shall mean the Rural Utilities Service, which administers the United States Department of Agriculture (USDA) Rural Development Utilities Programs. See 7 CFR 1739.3
  • State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See 45 CFR 75.2
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subrecipient: means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program. See 45 CFR 75.2
  • Substantial impairment: means a significant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration. See 22 CFR 1005.103
  • Termination: means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance. See 45 CFR 75.2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.