Part 2 Purpose and General Provision
Part 3 Employment
Part 4 Employee Performance and Utilization
Part 5 Compensation
Part 6 Attendance and Leave
Part 7 Personnel Relations and Services
Part 8 Insurance and Annuities
Part 9 Senior Executive Service
Part 11 Recognition of Attorneys and Other Representatives

Terms Used In CFR > Title 4 > Chapter I > Subchapter A

  • Act: means the Public Health Service Act, as amended (42 U. See 42 CFR 4.2
  • Act: means the Disaster Relief Act of 1974 (42 U. See 42 CFR 38.2
  • Adequate veterinary care: means a program directed by a veterinarian qualified through training and/or experience to provide professional medical care to the chimpanzees within the Sanctuary and with the appropriate authority to provide this care. See 42 CFR 9.2
  • Administrator: means the Administrator, Federal Disaster Assistance Administration (FDAA), Department of Housing and Urban Development, and any other person to whom he delegates the authority. See 42 CFR 38.2
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Animal Care and Use Committee: means the Institutional Animal Care and Use Committee established under section 13(b) of the Animal Welfare Act of 1985 and the Health Research Extension Act of 1985. See 42 CFR 9.2
  • Animal protection organization: means a nonprofit organization whose primary mission is protection of animals through positive advocacy and action. See 42 CFR 9.2
  • Animal Welfare Assurance: means the documentation from an institution assuring compliance with the PHS Policy on Humane Care and Use of Laboratory Animals. See 42 CFR 9.2
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal Authority: means the Office of Hearings and Appeals. See 10 CFR 1004.2
  • Authorizing or Denying Official: means that DOE officer having custody of or responsibility for records requested under 5 U. See 10 CFR 1004.2
  • 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.
  • Behaviorist: means a person hired by the sanctuary to administer or oversee the enrichment and behavioral program for the chimpanzees at the sanctuary. See 42 CFR 9.2
  • Bequest: Property gifted by will.
  • Biosafety Officer: means the individual responsible for establishing and monitoring workplace safety procedures designed to minimize or prevent injury or loss due to biohazards in accordance with policies established by the sanctuary administration. See 42 CFR 9.2
  • Chair of the Board of Directors: means the individual chosen by the BOD or other legally empowered entity to carry out such action, who is responsible for chairing meetings and acting on behalf of the board. See 42 CFR 9.2
  • CHIMP Act: means the Chimpanzee Health Improvement, Maintenance, and Protection Act of December 20, 2000 (Pub. See 42 CFR 9.2
  • Chimpanzee: means a member of Pan troglodytes. See 42 CFR 9.2
  • Civil surgeon: A physician designated by DHS to conduct medical examinations of aliens in the United States who are applying for adjustment of status to permanent residence or who are required by DHS to have a medical examination. See 42 CFR 34.2
  • Class A medical notification: Medical notification of:

    (1) A communicable disease of public health significance. See 42 CFR 34.2

  • Class B medical notification: Medical notification of a physical or mental health condition, disease, or disability serious in degree or permanent in nature. See 42 CFR 34.2
  • Collections: means all books, periodicals, prints, audiovisual materials, films, videotapes, recordings, manuscripts, and other resource materials of the library. See 42 CFR 4.2
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Communicable disease of public health significance: Any of the following diseases:

    (1) Communicable diseases as listed in a Presidential Executive Order, as provided under Section 361(b) of the Public Health Service Act. See 42 CFR 34.2

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contractor: means any public agency or private mental health organization which, pursuant to this part, contracts with the Secretary to provide professional mental health crisis counseling services or to provide mental health training for disaster workers. See 42 CFR 38.2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corresponding principal officers: shall include any person or persons performing or authorized to perform principal executive functions corresponding to those of president and treasurer, of any employer engaged in whole or in part in the performance of the activities described in section 203(a) of the Act. See 29 CFR 405.1
  • Corresponding principal officers: means any person or persons performing or authorized to perform, principal executive functions corresponding to those of president and treasurer of any entity engaged in whole or in part in the performance of the activities described in section 203(b) of the Labor-Management Reporting and Disclosure Act of 1959. See 29 CFR 406.1
  • Corresponding principal officers: shall include any person or persons performing or authorized to perform principal executive functions corresponding to those of president and treasurer of any surety underwriting a bond for which reports are required under section 211 of the Labor-Management Reporting and Disclosure Act of 1959. See 29 CFR 409.1
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Crisis: means the existence of any life situation resulting from a major disaster or its aftermath which so effects the emotional and mental equilibrium of a disaster victim that professional mental health counseling services should be provided to help preclude possible damaging physical or psychological effects. See 42 CFR 38.2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • DHS: U. See 42 CFR 34.2
  • Direct costs: means those expenditures which the DOE actually incurs in searching for and duplicating (and in the case of commercial requesters, reviewing) documents to respond to a FOIA request. See 10 CFR 1004.2
  • direct or indirect party to an agreement or arrangement: includes persons who have secured the services of another or of others in connection with an agreement or arrangement of the type referred to in §406. See 29 CFR 406.1
  • Director: means the Director of the National Library of Medicine or the Director's delegate. See 42 CFR 4.2
  • Director: The Director of the Centers for Disease Control and Prevention or a designee as approved by the Director or Secretary of Health and Human Services. See 42 CFR 34.2
  • Disaster workers: means mental health specialists such as psychiatrists, psychologists, psychiatric nurses, social workers, or qualified agents thereof. See 42 CFR 38.2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Drug abuse: "Current substance use disorder or substance-induced disorder, mild" as defined in the most recent edition of the Diagnostic and Statistical Manual for Mental Disorders (DSM) as published by the American Psychiatric Association, or by another authoritative source as determined by the Director, of a substance listed in Section 202 of the Controlled Substances Act, as amended (21 U. See 42 CFR 34.2
  • Drug addiction: "Current substance use disorder or substance-induced disorder, moderate or severe" as defined in the most recent edition of the Diagnostic and Statistical Manual for Mental Disorders (DSM), as published by the American Psychiatric Association, or by another authoritative source as determined by the Director, of a substance listed in Section 202 of the Controlled Substances Act, as amended (21 U. See 42 CFR 34.2
  • Duplication: refers to the process of making a copy of a document necessary to respond to a FOIA request. See 10 CFR 1004.2
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employer: means any employer or any group or association of employers engaged in an industry affecting commerce (1) which is, with respect to employees engaged in an industry affecting commerce, an employer within the meaning of any law of the United States relating to the employment of any employees or (2) which may deal with any labor organization concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and includes any person acting directly or indirectly as an employer or as an agent of an employer in relation to an employee but does not include the United States or any corporation wholly owned by the Government of the United States or any State or political subdivision thereof. See 29 CFR 404.1
  • 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.
  • 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
  • Euthanasia: means the humane death of a chimpanzee accomplished by a method that produces rapid unconsciousness and subsequent death without evidence of pain or distress. See 42 CFR 9.2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Exhibition: means exhibiting chimpanzees to the public for compensation. See 42 CFR 9.2
  • Facility director: means the individual responsible for directing the overall activities at the Sanctuary site. See 42 CFR 9.2
  • Facility Veterinarian: means a person who has graduated from a veterinary school accredited by the American Veterinary Medical Association (AVMA) Council on Education, or who has a certificate issued by the AVMA's Education Commission for Foreign Veterinary Graduates. See 42 CFR 9.2
  • Federal agency: means an executive agency as such term is defined in section 105 of title 5, United States Code, and refers to the agency from which the research facility receives a Federal award for projects involving animals. See 42 CFR 9.2
  • Federal Coordinating Officer: means the person appointed by the Administrator to coordinate Federal assistance in a major disaster. See 42 CFR 38.2
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: means the calendar year or other period of 12 consecutive calendar months, on the basis of which financial accounts of the labor organization officer or employee are kept. See 29 CFR 404.1
  • Fiscal year: means the calendar year or other period of 12 consecutive calendar months, on the basis of which financial accounts are kept by an employer. See 29 CFR 405.1
  • Fiscal year: means the calendar year or other period of 12 consecutive calendar months, on the basis of which financial accounts are kept by a person. See 29 CFR 406.1
  • Fiscal year: means the calendar year, or other period of 12 consecutive calendar months. See 29 CFR 409.1
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • 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
  • General Counsel: means the General Counsel provided for in section 202(e) of the DOE Organization Act, or any DOE attorney designated by the General Counsel as having responsibility for counseling the Department on Freedom of Information Act matters. See 10 CFR 1004.2
  • Governor: means the chief executive of a State. See 42 CFR 38.2
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantee: means any public agency or private nonprofit mental health organization which, pursuant to this part, is awarded a grant for the purpose of providing professional mental health crisis counseling services or mental health training for disaster workers. See 42 CFR 38.2
  • Guide: means The Guide for the Care and Use of Laboratory Animals, published by the National Academy of Sciences, Institute for Laboratory Animal Research of the National Research Council, 1996, International Standard Book Number 0-309-05377-3. See 42 CFR 9.2
  • Headquarters: means all DOE facilities functioning within the Washington metropolitan area except the Office of Naval Reactors. See 10 CFR 1004.2
  • Housing facility: means any land, premises, shed, barn, building, trailer, or other structure or area housing intended to house chimpanzees. See 42 CFR 9.2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Labor organization officer: means any constitutional officer, any person authorized to perform the functions of president, vice president, secretary, treasurer, or other executive functions of a labor organization, and any member of its executive board or similar governing body. See 29 CFR 404.1
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Library: means the National Library of Medicine, established by section 465 of the Act (42 U. See 42 CFR 4.2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Major disaster: means any hurricane, tornado, storm, flood, high-water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Act above and beyond emergency services by the Federal Government, to supplement the efforts and available resources of the States, local governments, and disaster relief organizations, in alleviating the damage, loss, hardship, or suffering caused thereby. See 42 CFR 38.2
  • Medical examiner: A panel physician, civil surgeon, or other physician designated by the Director to perform medical examinations of aliens. See 42 CFR 34.2
  • Medical hold document: A document issued to DHS by a quarantine officer of HHS at a port of entry which defers the inspection for admission until the cause of the medical hold is resolved. See 42 CFR 34.2
  • Medical notification: A medical examination document issued to a U. See 42 CFR 34.2
  • Medical officer: A physician or other medical professional assigned by the Director to conduct physical and mental examinations of aliens on behalf of HHS/CDC. See 42 CFR 34.2
  • Mental disorder: A currently accepted psychiatric diagnosis, as defined by the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or by another authoritative source as determined by the Director. See 42 CFR 34.2
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • National Research Council: means the component of the National Academy of Sciences that advises the Federal Government on matters related to science, research, and research resources. See 42 CFR 9.2
  • news: means information that is about current events or that would be of current interest to the public. See 10 CFR 1004.2
  • Non-commercial scientific institution: refers to an institution that is not operated on a "commercial" basis as that term is referenced in §1004. See 10 CFR 1004.2
  • Office: means any administrative or operating unit of the DOE, including those in field offices. See 10 CFR 1004.2
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Panel physician: A physician selected by a United States embassy or consulate to conduct medical examinations of aliens applying for visas. See 42 CFR 34.2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Project Officer: means the individual designated by the Federal Government to represent the contracting officer and interests of the federal agency, within defined areas, in monitoring and overseeing the chimpanzee sanctuary system contract. See 42 CFR 9.2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Regional Director: means a director of a regional office of the Federal Disaster Assistance Administration (FDAA). See 42 CFR 38.2
  • Regional Medical Library: means a medical library established or maintained as a regional medical library under section 475 of the Act (42 U. See 42 CFR 4.2
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative of the news media: refers to any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. See 10 CFR 1004.2
  • Review: refers to the process of examining documents located in response to a commercial use request (see paragraph (c) of this section) to determine whether any portion of any document located is permitted to be withheld. See 10 CFR 1004.2
  • Sanctuary Contractor: means the nonprofit, private entities selected by ORIP/DPCPSI/NIH to develop and operate the chimpanzee sanctuary system. See 42 CFR 9.2
  • Sanctuary Director: means the individual who provides day-to-day direction and oversight to the employees responsible for performing the daily tasks at the facility. See 42 CFR 9.2
  • Search: includes all time spent looking for material that is responsive to a request, including page-by-page or line-by-line identification of material within documents. See 10 CFR 1004.2
  • Secretary: means the Secretary of Health and Human Services or his/her designee. See 42 CFR 9.2
  • Secretary: means the Secretary of Health and Human Services and any other officer or employee of the Department of Health and Human Services to whom the authority involved has been delegated. See 42 CFR 38.2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means any of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, or the Trust Territory of the Pacific Islands. See 42 CFR 38.2
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Training: means the specific instruction which may be required to enable disaster workers to provide professional mental health crisis counseling to victims of a major disaster or its aftermath. See 42 CFR 38.2
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.