|§ 4041||Implementation of program|
|Part A||Industry Program With Federal Financial Assistance|
|Part B||Government Program With Industry Assistance|
|Part C||General Provisions|
Terms Used In U.S. Code > Title 42 > Chapter 50 > Subchapter II
- Administrator: means the Administrator of the Federal Emergency Management Agency. See 42 USC 4121
- agency: means a Federal department or agency (or combination of Federal departments or agencies). See 19 USC 2578b
- Agreement: means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title, as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States. See 42 USC 4053
- Agreement: means the Agreement on Technical Barriers to Trade referred to in section 3511(d)(5) of this title. See 36 USC 220524
- 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.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 19 USC 2295
- 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.
- Bequest: Property gifted by will.
- Board: means any Regional Marine Research board 1 established pursuant to section 1447b(a) of this title. See 36 USC 220527
- Commissioner: means the Commissioner of Food and Drugs. See 19 USC 2578b
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- conformity assessment procedure: means any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled. See 36 USC 220524
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- county: includes a parish, or any other equivalent subdivision of a State or Territory of the United States. See 19 USC 2292
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- damages: includes --
(A) compensation for--
(i)(I) the cost of replacing, restoring, or acquiring the equivalent of a sanctuary resource. See 36 USC 220501
- 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.
- 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
- 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.
- exclusive economic zone: means the exclusive economic zone as defined in the Magnuson-Stevens Act. See 36 USC 220501
- 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 any of the following within the meaning of chapter 2 of part I of title 5:
(A) Any executive department. See 36 USC 220524
- 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.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 19 USC 2297
- insurance adjustment organization: includes any organizations and persons engaged in the business of adjusting loss claims arising under insurance policies issued by any insurance company or other insurer. See 42 USC 4121
- insurance agent or broker: include any organization or person that is authorized to engage in the business of insurance under the laws of any State, subject to the reporting requirements of the Securities Exchange Act of 1934 [15 U. See 42 USC 4121
- international standard: means a standard, guideline, or recommendation--
(A) regarding food safety, adopted by the Codex Alimentarius Commission, including a standard, guideline, or recommendation regarding decomposition elaborated by the Codex Committee on Fish and Fishery Products, food additives, contaminants, hygienic practice, and methods of analysis and sampling. See 19 USC 2578b
- international standard: means any standard that is promulgated by an international standards organization. See 36 USC 220524
- international standard-setting organization: means an organization consisting of representatives of 2 or more countries, the purpose of which is to negotiate, develop, promulgate, or amend an international standard. See 19 USC 2578b
- international standards organization: means any organization--
(A) the membership of which is open to representatives, whether public or private, of the United States and at least all Members. See 36 USC 220524
- 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.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Layover: Informal term for a period of delay required by rule. For example, when a bill or other measure is reported from committee, it may be considered on the floor only after it "lies over" for one legislative day and after the written report has been available for two calendar days. Layover periods may be waived by unanimous consent.
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- local government: means any city, town, borough, county, parish, district, or other public body which is a political subdivision of a State and which is created pursuant to State law. See 36 USC 220527
- major industrial country: means any such country as defined in section 2136 of this title and any instrumentality of such a country. See 42 USC 4053
- marine and coastal waters: means estuaries, waters of the estuarine zone, including wetlands, any other waters seaward of the historic height of tidal influence, the territorial seas, the contiguous zone, and the ocean. See 36 USC 220527
- Member: means a WTO member as defined in section 3501(10) of this title. See 36 USC 220524
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- officer: includes any person authorized by law to perform the duties of the office. See 19 USC 2291
- Oversight: Committee review of the activities of a Federal agency or program.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Personal property: All property that is not real property.
- 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.
- private person: means --
(A) any individual who is a citizen or national of the United States. See 36 USC 220524
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- product: means any natural or manufactured item. See 36 USC 220524
- region: means 1 of the 9 regions described in section 1447b(a) of this title. See 36 USC 220527
- 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.
- response costs: means the costs of actions taken or authorized by the Secretary to minimize destruction or loss of, or injury to, sanctuary resources, or to minimize the imminent risks of such destruction, loss, or injury, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 1443 of this title. See 36 USC 220501
- sanctuary resource: means any living or nonliving resource of a national marine sanctuary that contributes to the conservation, recreational, ecological, historical, educational, cultural, archeological, scientific, or aesthetic value of the sanctuary. See 36 USC 220501
- sanitary or phytosanitary standard: means a standard intended to form a basis for a sanitary or phytosanitary measure. See 19 USC 2578b
- Secretary: means the Secretary of Commerce. See 36 USC 220501
- Secretary concerned: means the Secretary of Commerce with respect to functions under this subchapter relating to nonagricultural products, and the Secretary of Agriculture with respect to functions under this subchapter relating to agricultural products. See 36 USC 220524
- Service of process: The service of writs or summonses to the appropriate party.
- 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.
- standard: means a document approved by a recognized body, that provides, for common and repeated use, rules, guidelines, or characteristics for products or related processes and production methods, with which compliance is not mandatory. See 36 USC 220524
- standards-related activity: means the development, adoption, or application of any standard, technical regulation, or conformity assessment procedure. See 36 USC 220524
- State: includes the several States, the District of Columbia, the territories and possessions, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands. See 42 USC 4121
- State: means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other commonwealth, territory, or possession of the United States. See 36 USC 220501
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. See 36 USC 220527
- State: means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam and any other Commonwealth, territory, or possession of the United States. See 36 USC 220524
- State agency: means any department, agency, or other instrumentality of the government of any State or of any political subdivision of any State. See 36 USC 220524
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- System: means the National Marine Sanctuary System established by section 1431 of this title. See 36 USC 220501
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trade Representative: means the United States Trade Representative. See 36 USC 220524
- Trustee: A person or institution holding and administering property in trust.
- United States: when used in a geographical context, means all States. See 36 USC 220524
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See 19 USC 2293
- writing: includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. See 19 USC 2291