Terms Used In U.S. Code > Title 5 > Part III > Subpart B - Employment and Retention

• account: means an item for which appropriations are made in any appropriation Act and, for items not provided for in appropriation Acts, such term means an item for which there is a designated budget account identification code number in the President's budget. See 2 USC 900
• additional new budget authority: means the amount provided for a fiscal year, in excess of $273,000,000, in an appropriation Act and specified to pay for the costs of continuing disability reviews, redeterminations, co-operative disability investigation units, and fraud prosecutions under the heading "Limitation on Administrative Expenses" for the Social Security Administration. See 2 USC 901
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
• 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.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• agency: has the meaning given that term in section 551(1) of title 5. See 2 USC 1602
• Allegation: something that someone says happened.
• Amendment in the nature of a substitute: An amendment that would strike out the entire text of a bill or other measure and insert a different full text.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Balanced budget: A budget in which receipts equal outlays.
• 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: means the projection (described in section 907 of this title) of current-year levels of new budget authority, outlays, receipts, and the surplus or deficit into the budget year and the outyears. See 2 USC 900
• 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}
• Bequest: Property gifted by will.
• Board: means the Board of Directors of the Office of Congressional Workplace Rights. See 2 USC 1301
• Board: means the National Recording Preservation Board. See 2 USC 1741
• breach: means , for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category's discretionary spending limit for new budget authority or outlays for that year, as the case may be. See 2 USC 900
• Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
• budget year: means , with respect to a session of Congress, the fiscal year of the Government that starts on October 1 of the calendar year in which that session begins. See 2 USC 900
• budgetary resources: means new budget authority, unobligated balances, direct spending authority, and obligation limitations. See 2 USC 900
• Calendar of Business: A Senate publication sent to each lawmaker's office (and other offices) every day the Senate is in session. It contains information on, for instance, measures reported from the various standing committees, bills in conference, and the status of appropriation bills.
• category: means the subsets of discretionary appropriations in section 901(c) of this title. See 2 USC 900
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• CBO: means the Director of the Congressional Budget Office. See 2 USC 900
• Chair: means the Chair of the Board of Directors of the Office of Congressional Workplace Rights. See 2 USC 1301
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• China Review Commission: means the United States-China Economic and Security Review Commission established under section 7002 of title 22, as enacted into law by section 1 of Public Law 106-398. See 2 USC 1301
• client: means any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. See 2 USC 1602
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• commerce: means commerce between any State or the District of Columbia and any place outside thereof, or between points within the same State or the District of Columbia but through any place outside thereof, or within the District of Columbia. See 7 USC 62
• Committee amendment: An amendment recommended by a committee in reporting a bill or other measure.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conferees: Legislators appointed to serve on conference committees. They are also called "managers." Conferees are usually appointed from the committee or committees that reported the legislation; they are expected to try and uphold their chamber's position on measures when they negotiate with conferees from the other chamber.
• Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
• Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval.
• Congressional-Executive China Commission: means the Congressional-Executive Commission on the People's Republic of China established under title III of the U. See 2 USC 1301
• Continuance: Putting off of a hearing ot trial until a later time.
• continuing disability reviews: means continuing disability reviews under sections 221(i) and 1614(a)(4) of the Social Security Act [42 U. See 2 USC 901
• Conviction: A judgement of guilt against a criminal defendant.
• cotton: means cotton of any variety produced within the continental United States, including linters. See 7 USC 62
• county: includes a parish, or any other equivalent subdivision of a State or Territory of the United States. See 1 USC 2
• covered employee: means any employee of&mdash. See 2 USC 1301
• covered executive branch official: means &mdash. See 2 USC 1602
• covered legislative branch official: means &mdash. See 2 USC 1602
• current: means , with respect to OMB estimates included with a budget submission under section 1105(a) of title 31, the estimates consistent with the economic and technical assumptions underlying that budget and with respect to estimates made after that budget submission that are not included with it, estimates consistent with the economic and technical assumptions underlying the most recently submitted President's budget. See 2 USC 900
• current year: means , with respect to a budget year, the fiscal year that immediately precedes that budget year. See 2 USC 900
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• deposit insurance: refers to the expenses of the Federal deposit insurance agencies, and other Federal agencies supervising insured depository institutions, resulting from full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates. See 2 USC 900
• Devise: To gift property by will.
• direct spending: means &mdash. See 2 USC 900
• disaster relief: means activities carried out pursuant to a determination under section 5122(2) of title 42. See 2 USC 901
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• discretionary appropriations: means budgetary resources (except to fund direct-spending programs) provided in appropriation Acts. See 2 USC 900
• Discretionary spending: Spending (budget authority and outlays)controlled in annual appropriations acts.
• discretionary spending limit: shall mean the amounts specified in section 901 of this title. See 2 USC 900
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• 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}
• emergency: means a situation that&mdash. See 2 USC 900
• employee: means any individual who is an officer, employee, partner, director, or proprietor of a person or entity, but does not include&mdash. See 2 USC 1602
• employee: includes an applicant for employment and a former employee. See 2 USC 1301
• employee of the House of Representatives: includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the House of Representatives, or any employment position in an entity that is paid with funds derived from the clerk-hire allowance of the House of Representatives but not any such individual employed by any entity listed in subparagraphs (C) through (K) of paragraph (3). See 2 USC 1301
• employee of the Office of the Architect of the Capitol: includes any employee of the Office of the Architect of the Capitol or the Botanic Garden. See 2 USC 1301
• employee of the Senate: includes any employee whose pay is disbursed by the Secretary of the Senate, but not any such individual employed by any entity listed in subparagraphs (C) through (K) of paragraph (3). See 2 USC 1301
• employing office: means &mdash. See 2 USC 1301
• Engrossed bill: The official copy of a bill or joint resolution passed by a chamber of the legislature.
• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• Ex officio: Literally, by virtue of one's office.
• Executive Calendar: A list of executive business (i.e., treaties and nominations) available for consideration.
• Executive Director: means the Executive Director of the Office of Congressional Workplace Rights. See 2 USC 1301
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Executor: A male person named in a will to carry out the decedent
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Forbearance: A means of handling a delinquent loan. A
• foreign entity: means a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U. See 2 USC 1602
• foreign estate: means an estate the income of which, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States, is not includible in gross income under subtitle A. See 26 USC 7701
• foreign trust: means any trust other than a trust described in subparagraph (E) of paragraph (30). See 26 USC 7701
• 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}
• 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 of the Office of Congressional Workplace Rights. See 2 USC 1301
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• 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.
• 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}
• 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.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• joint return: means a single return made jointly under section 6013 by a husband and wife. See 26 USC 7701
• Juror: A person who is on the jury.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Librarian: means the Librarian of Congress. See 2 USC 1741
• Lineal descendant: Direct descendant of the same ancestors.
• lobbying activities: means lobbying contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others. See 2 USC 1602
• lobbying contact: means any oral or written communication (including an electronic communication) to a covered executive branch official or a covered legislative branch official that is made on behalf of a client with regard to&mdash. See 2 USC 1602
• lobbying firm: means a person or entity that has 1 or more employees who are lobbyists on behalf of a client other than that person or entity. See 2 USC 1602
• lobbyist: means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact, other than an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. See 2 USC 1602
• Mandatory spending: Spending (budget authority and outlays) controlled by laws other than annual appropriations acts.
• media organization: means a person or entity engaged in disseminating information to the general public through a newspaper, magazine, other publication, radio, television, cable television, or other medium of mass communication. See 2 USC 1602
• Member of Congress: means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. See 2 USC 1602
• Member of the House of Representatives: means a Representative in, or a Delegate or Resident Commissioner to, the Congress. See 2 USC 2086
• 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}
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• nonrecognition transaction: means any disposition of property in a transaction in which gain or loss is not recognized in whole or in part for purposes of subtitle A. See 26 USC 7701
• nonsecurity category: means all discretionary appropriations not included in the security category defined in subparagraph (B). See 2 USC 900
• Oath: A promise to tell the truth.
• oath: includes affirmation, and "sworn" includes affirmed. See 1 USC 1
• Office: means the Office of Congressional Workplace Rights. See 2 USC 1301
• OMB: means the Director of the Office of Management and Budget. See 2 USC 900
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• organization: means a person or entity other than an individual. See 2 USC 1602
• Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• outyear: means a fiscal year one or more years after the budget year. See 2 USC 900
• paid or accrued: shall be construed according to the method of accounting upon the basis of which the taxable income is computed under subtitle A. See 26 USC 7701
• person: import s the plural or the singular, as the case demands, and includes an individual, a partnership, a corporation, or two or more persons having a joint or common interest. See 7 USC 62
• person or entity: means any individual, corporation, company, foundation, association, labor organization, firm, partnership, society, joint stock company, group of organizations, or State or local government. See 2 USC 1602
• Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Point of order: A claim made by a legislator from the floor that a rule of the legislature is being violated. If the Chair sustains the point of order, the action in violation of the rule is not permitted.
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• public official: means any elected official, appointed official, or employee of&mdash. See 2 USC 1602
• publication: has the meaning given such term in section 101 of title 17. See 2 USC 1741
• Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
• Recess: A temporary interruption of the legislative business.
• Reconciliation bill: A bill containing changes in law recommended pursuant to reconciliation instructions in a budget resolution. If the instructions pertain to only one committee in a chamber, that committee reports the reconciliation bill. If the instructions pertain to more than one committee, the Budget Committee reports an omnibus reconciliation bill, but it may not make substantive changes in the recommendations of the other committees.
• 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}
• redetermination: means redetermination of eligibility under sections 1611(c)(1) and 1614(a)(3)(H) of the Social Security Act [42 U. See 2 USC 901
• Registry version: means , with respect to a sound recording, the version of a recording first published or offered for mass distribution whether as a publication or a broadcast, or as complete a version as bona fide preservation and restoration activities by the Librarian, an archivist other than the Librarian, or the copyright legal owner can compile in those cases where the original material has been irretrievably lost or the recording is unpublished. See 2 USC 1741
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• revised nonsecurity category: means discretionary appropriations other than in budget function 050. See 2 USC 900
• revised security category: means discretionary appropriations in budget function 050. See 2 USC 900
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• security category: includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95-0401-0-1-054), and all budget accounts in budget function 150 (international affairs). See 2 USC 900
• sequestration: refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law. See 2 USC 900
• Services: include any service, repair, training of personnel, or technical or other assistance or information used for the purposes of furnishing nonmilitary assistance. See 22 USC 2403
• sound recording: has the meaning given such term in section 101 of title 17. See 2 USC 1741
• State: means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. See 2 USC 1602
• stock: includes shares in an association, joint-stock company, or insurance company. See 26 USC 7701
• student: means any individual&mdash. See 26 USC 7701
• Subpoena: A command to a witness to appear and give testimony.
• substituted basis property: means property which is&mdash. See 26 USC 7701
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• unanticipated: means that the underlying situation is&mdash. See 2 USC 900
• United States Commission on International Religious Freedom: means the Commission established under section 6431 of title 22. See 2 USC 1301
• United States person: means &mdash. See 26 USC 7701
• Venue: The geographical location in which a case is tried.
• Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
• wildfire suppression operations: means the emergency and unpredictable aspects of wildland firefighting, including&mdash. See 2 USC 901
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.