I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/11/93 at 12:38:10. Database: USCODE Search: (4:CITE) ------DocID 7815 Document 1 of 401------ -CITE- 4 USC TITLE 4 -EXPCITE- TITLE 4 -HEAD- TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES -MISC1- THIS TITLE WAS ENACTED BY ACT JULY 30, 1947, CH. 389, SEC. 1, 61 STAT. 641 Chap. Sec. 1. The Flag 1 2. The Seal 41 3. Seat of the Government 71 4. The States 101 5. Official Territorial Papers 141 AMENDMENTS 1951 - Act Oct. 31, 1951, ch. 655, Sec. 11, 65 Stat. 713, added item for chapter 5. POSITIVE LAW; CITATION This title has been made positive law by section 1 of act July 30, 1947, ch. 389, 61 Stat. 641, which provided in part that: 'title 4 of the United States Code, entitled 'Flag and seal, Seat of Government, and the States', is codified and enacted into positive law and may be cited as '4 U. S. C., Sec. - ' '. REPEALS Section 2 of act July 30, 1947, provided that the sections or parts thereof of the Statutes at Large or the Revised Statutes covering provisions codified in this Act are repealed insofar as the provisions appeared in former Title 4, and provided that any rights or liabilities now existing under the repealed sections or parts thereof shall not be affected by the repeal. Table Showing Disposition of All Sections of Former Title 4 --------------------------------------------------------------------- Title 4 Former Revised Statutes Title 4 New Sections Sections Statutes at Large --------------------------------------------------------------------- 1 R.S. Sec. 1791, 1792 1 2 R.S. Sec. 1792 2 3 Feb. 8, 1917, ch. 3 34, 39 Stat. 900 4 R.S. Sec. 1793 41 5 R.S. Sec. 203 (first 42 clause), 1794 6 R.S. Sec. 1795 71 7 R.S. Sec. 1796 72 8 R.S. Sec. 4798 73 9 R.S. Sec. 1836 101 10 R.S. Sec. 1837 102 11 R.S. Sec. 1838 103 12 June 16, 1936, ch. 104 582, Sec. 10, 49 Stat. 1521 Oct. 9, 1940, ch. 787, Sec. 7, 54 Stat. 1060. 13 Oct. 9, 1940, ch. 105 787, Sec. 1, 54 Stat. 1059 14 Oct. 9, 1940, ch. 106 787, Sec. 2, 54 Stat. 1060 15 Oct. 9, 1940, ch. 107 787, Sec. 3, 54 Stat. 1060 16 Oct. 9, 1940, ch. 108 787, Sec. 4, 54 Stat. 1060 17 Oct. 9, 1940, ch. 109 787, Sec. 5, 54 Stat. 1060 18 Oct. 9, 1940, ch. 110 787, Sec. 6, 54 Stat. 1060 ------------------------------- ------DocID 7827 Document 2 of 401------ -CITE- 4 USC CHAPTER 4 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- CHAPTER 4 - THE STATES -MISC1- Sec. 101. Oath by members of legislatures and officers. 102. Same; by whom administered. 103. Assent to purchase of lands for forts. 104. Tax on motor fuel sold on military or other reservation; reports to State taxing authority. 105. State, etc., taxation affecting Federal areas; sales or use tax. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 106. Same; income tax. 107. Same; exception of United States, its instrumentalities, and authorized purchasers therefrom. 108. Same; jurisdiction of United States over Federal areas unaffected. 109. Same; exception of Indians. 110. Same; definitions. 111. Same; taxation affecting Federal employees; income tax. 112. Compacts between States for cooperation in prevention of crime; consent of Congress. 113. Residence of Members of Congress for State income tax laws. AMENDMENTS 1977 - Pub. L. 95-67, Sec. 1(b), July 19, 1977, 91 Stat. 271, added item 113. 1966 - Pub. L. 89-554, Sec. 2(b), Sept. 6, 1966, 80 Stat. 608, added item 111 and redesignated former item 111 as 112. 1949 - Act May 24, 1949, ch. 139, Sec. 129(a), 63 Stat. 107, added item 111. CIVIL AND CRIMINAL JURISDICTION OVER INDIANS Amendment of State Constitutions to remove legal impediment to the assumption of civil and criminal jurisdiction in accordance with the provisions of section 1162 of Title 18 and section 1360 of Title 28, see act Aug. 15, 1953, ch. 505, Sec. 6, 67 Stat. 590, set out as a note under section 1360 of Title 28, Judiciary and Judicial Procedure. Consent of United States to other States to assume jurisdiction with respect to criminal offenses or civil causes of action, or with respect to both, as provided for in section 1162 of Title 18 and section 1360 of Title 28, see act Aug. 15, 1953, ch. 505, Sec. 7, 67 Stat. 590, set out as a note under section 1360 of Title 28. ------DocID 6960 Document 3 of 401------ -CITE- 2 USC Sec. 31b-4 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 31b-4. Franked mail and printing privileges of former Speaker -STATUTE- (a) The Speaker may send mail as franked mail under sections 3210 and 3213 of title 39, and send and receive mail as franked mail under section 3211 of that title, for as long as he determines there is need therefor, commencing at the close of the period specified in those sections following the expiration of his term of office as a Representative in Congress. The postage on such mail, including registry fees if registration is required, shall be paid and credited as provided by section 3216(a) of title 39. (b) For as long as he determines there is need therefor, commencing at the expiration of his term of office as a Representative in Congress, the Speaker shall be entitled to the benefits afforded by section 733 of title 44. -SOURCE- (Pub. L. 91-665, ch. VIII, Jan. 8, 1971, 84 Stat. 1989; Pub. L. 93-532, Sec. 1(a), Dec. 22, 1974, 88 Stat. 1723.) -COD- CODIFICATION Section is based on section 4 of House Resolution No. 1238, Ninety-first Congress, Dec. 23, 1970, which was enacted into permanent law by Pub. L. 91-665. As originally enacted into permanent law, section applied to Speaker of House of Representatives in 91st Congress and has been extended to apply to each former Speaker of House of Representatives. See section 1(a) of Pub. L. 93-532, set out as a note under section 31b-1 of this title. References to sections of Title 39, Postal Service, have been substituted for references to obsolete sections of Title 39, The Postal Service, in view of revision and reenactment of such Title by the Postal Reorganization Act, Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 719. -MISC3- EFFECTIVE DATE Section effective Jan. 8, 1971, see Effective Date note set out under section 31b-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 31b-1 of this title. ------DocID 6999 Document 4 of 401------ -CITE- 2 USC Sec. 46a-4 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46a-4. Omitted -COD- CODIFICATION Section, Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 342, made section 46a-3 of this title applicable to President of Senate, and was omitted from the Code in view of the repeal of section 46a-3. ------DocID 7007 Document 5 of 401------ -CITE- 2 USC Sec. 46d-4 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 46d-4. Repealed. Pub. L. 92-607, ch. V, Sec. 506(k)(5), formerly Sec. 506(h)(5), Oct. 31, 1972, 86 Stat. 1508, redesignated Sec. 506(i)(5), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j)(5), Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, redesignated Sec. 506(k)(5), Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189 -MISC1- Section, Pub. L. 90-57, July 28, 1967, 81 Stat. 130, authorized payment from contingent fund of Senate of charges for long distance telephone calls by Senators. See section 58 of this title. EFFECTIVE DATE OF REPEAL Section 506(k), formerly Sec. 506(h), of Pub. L. 92-607, redesignated Sec. 506(i) by Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92 Stat. 773, redesignated Sec. 506(j) by Pub. L. 96-304 title I, Sec. 101, July 8, 1980, 94 Stat. 889, and redesignated Sec. 506(k) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, provided that the repeal is effective Jan. 1, 1973. ------DocID 7032 Document 6 of 401------ -CITE- 2 USC Sec. 58a-4 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 58a-4. Metered charges on copiers; 'Sergeant at Arms' and 'user' defined; certification of services and equipment as official; deposit of payments; availability for expenditure -STATUTE- (a) As used in this section, the term - (1) 'Sergeant at Arms' means the Sergeant at Arms and Doorkeeper of the United States Senate; and (2) 'user' means any Senator, Officer of the Senate, Committee, office, or entity provided copiers by the Sergeant at Arms. (b)(1) Subject to such regulations as may on and after November 5, 1990, be issued by the Committee on Rules and Administration of the Senate, the Sergeant at Arms shall have the authority, with respect to metered charges on copying equipment provided by the Sergeant at Arms, solely for the purposes of this section, to make such certification as may be necessary to establish such services and equipment as official, issue invoices in conjunction therewith, and receive payment for such services and equipment by certification, voucher, or otherwise. (2) All moneys, derived from the payment of metered charges on copying equipment provided from funds from the Appropriation Account within the contingent fund of the Senate for 'Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate' under the line item for the Service Department, shall be deposited in and made a part of such Appropriation Account and under such line item, and shall be available for expenditure or obligation, or both, in like manner and subject to the same limitations as any other moneys in such account and under such line item. -SOURCE- (Pub. L. 101-520, title I, Sec. 4(a), (b), Nov. 5, 1990, 104 Stat. 2257.) -REFTEXT- REFERENCES IN TEXT This section, referred to in text, means section 4 of Pub. L. 101-520, which enacted this section, amended section 58 of this title, and enacted provisions set out as a note under section 58 of this title. -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1991, which is title I of the Legislative Branch Appropriations Act, 1991. -MISC3- EFFECTIVE DATE Section effective Oct. 1, 1990, see section 4(d) of Pub. L. 101-520, set out as an Effective Date of 1990 Amendment note under section 58 of this title. ------DocID 7044 Document 7 of 401------ -CITE- 2 USC CHAPTER 4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- CHAPTER 4 - OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES -MISC1- Sec. 60. Repealed. 60-1. Authority of officers of Congress over Congressional employees. (a) Qualifications determinations; removal and discipline. (b) 'Officer of the Congress' defined. 60-2. Amendment to Senate conflict of interest rule. 60a. Omitted. 60a-1. Senate pay adjustments; action by President pro tempore of Senate. 60a-1a. Rates of compensation paid by Secretary of Senate; applicability of Senate pay adjustments by President pro tempore of Senate. 60a-1b. Senate pay adjustments; action by President pro tempore of Senate. 60a-2. House of Representatives pay adjustments; action by Clerk of House. 60a-2a. Rates of compensation disbursed by Clerk of House; adjustments by Speaker; 'Member of the House of Representatives' defined. 60b, 60c. Omitted. 60c-1. Vice President, Senators, officers, and employees paid by Secretary of Senate; payment of salary; advance payment. 60c-2. Repealed. 60c-2a. Banking and financial transactions of Secretary of Senate. (a) Reimbursement of banks for costs of clearing items for Senate. (b) Check cashing regulations for Disbursing Office of Senate. (c) Amounts withheld from disbursements for employee indebtedness. 60c-3. Withholding and remittance of State income tax by Secretary of Senate. (a) Agreement by Secretary with appropriate State official; covered individuals. (b) Number of remittances authorized. (c) Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations. (d) Time or times of agreements by Secretary. (e) Provisions as not imposing duty, burden, requirement or penalty on United States, Senate, or any officer or employee of United States; effect of filing paper, form, or document with Secretary. (f) 'State' defined. 60c-4. Withholding of charitable contributions from salaries paid by Secretary of Senate and from employees of Architect of Capitol. (a) Definitions. (b) Notice; deduction and transmission. (c) Time of withholding and transmission. (d) Amount. (e) Provisions as not imposing duty, burden, requirement or penalty on United States, Senate, or any officer or employee of United States; effect of filing paper. (f) Rules and regulations. 60d. Officers and employees paid by Clerk of House; payment of December salary. 60e. Payment of salary for months other than December by Clerk of House to officers and employees. 60e-1. Payment of salaries in or under House when payday falls on Saturday. 60e-1a. Withholding of State income tax by Clerk and Sergeant at Arms of House. (a) Agreement with proper State officials; covered individuals. (b) Number of remittances authorized. (c) Acceptance or disapproval of proposed agreement by Committee on House Administration. (d) Number and effective date of requests for withholding; change of designated State; revocation of request. (e) Provisions as not imposing duty, burden, requirement or penalty on United States, House, or any officer or employee of United States; effect of filing paper, form, or document with Clerk or Sergeant at Arms. 60e-1b. State income tax withholding; definitions. 60e-1c. Withholding of charitable contributions by Clerk of House. (a) Authority. (b) Time of fundraising activities. (c) Minimum amounts withheld. (d) Duty, burden, or requirement not imposed. 60e-1d. Withholding of charitable contributions; definitions. 60e-2. Omitted. 60e-2a. Exemption of officers and employees of Architect of Capitol from certain Federal pay provisions. 60e-2b. Overtime compensation for certain employees of Architect of Capitol. 60e-3 to 60g-1. Omitted or Repealed. 60g-2. Lyndon Baines Johnson congressional interns. (a) Hiring authority of House Members, Delegates, and Resident Commissioners; allowance for payment of compensation. (b) Certification of intern status; filing. (c) Regulations by Committee on House Administration. 60h, 60i. Omitted or Repealed. 60j. Longevity compensation. (a) Eligible employees. (b) Rate of compensation; limitation on increases; computation of service; effective date of payment. 60j-1. Capitol Police longevity compensation. 60j-2. Longevity compensation for telephone operators on United States telephone exchange and members of Capitol Police paid by Clerk of House. 60j-3. Repealed. 60j-4. Longevity compensation not applicable to individuals paid by Secretary of Senate; savings provision. 60k. Application of rights and protections of Fair Labor Standards Act of 1938 to Congressional and Architect of Capitol employees. (a) House employees. (b) Architect of Capitol employees. 61. Limit on rate of compensation of Senate officers and employees. 61-1. Gross rate of compensation of employees paid by Secretary of Senate. (a) Annual rate; certification. (b) Conversion; increase in compensation. (c) Reference in other provisions to basic rates and additional compensation as reference to per annum gross rate. (d) Compensation of employees in office of Senator; limitation; titles of positions. (e) Gross rate of compensation of employee of committee of Senate employed by joint committee, select committee, or standing committee. (f) General limitation. (g) Conversion of compensation of Capitol telephone exchange operators and Capitol Police paid by Clerk of House. 61-1a. Availability of appropriated funds for payment to an individual of pay from more than one position; conditions. 61-1b. Availability of appropriations during first three months of any fiscal year for aggregate of payments of gross compensation made to employees from Senate appropriation account for 'Salaries, Officers and Employees'. 61-2. Omitted. 61a. Compensation of Secretary of Senate. 61a-1, 61a-2. Omitted. 61a-3. Compensation of Assistant Secretary of Senate. 61a-4 to 61a-8. Repealed or Omitted. 61a-9. Advancement by Secretary of Senate of travel funds to employees under his jurisdiction for Federal Election Campaign Act travel expenses. 61a-9a. Travel expenses of Secretary of Senate; advancement of travel funds to designated employees. 61a-10. Omitted. 61a-11. Abolition of statutory positions in Office of Secretary of Senate; Secretary's authority to establish and fix compensation for positions. 61b. Compensation of Parliamentarian of Senate. 61b-1 to 61b-2. Omitted. 61b-3. Professional archivist; Secretary's authority to obtain services from General Services Administration. 61c. Omitted. 61c-1. Adjustment of rate of compensation by Secretary of Senate. 61c-2. Compensation of Assistants to Majority and Minority in Office of Secretary of Senate. 61d. Compensation of Chaplain of Senate. 61d-1. Compensation of employees of Chaplain of Senate. 61d-2. Postage allowance for Chaplain of Senate. 61e. Compensation of Sergeant at Arms and Doorkeeper of Senate. 61e-1. Compensation of Deputy Sergeant at Arms and Doorkeeper of Senate. 61e-2. Compensation of Administrative Assistant to Sergeant at Arms and Doorkeeper of Senate. 61e-3. Deputy Sergeant at Arms and Doorkeeper to act on death, resignation, disability, or absence of Sergeant at Arms and Doorkeeper of Senate. 61e-4. Designation by Sergeant at Arms and Doorkeeper of Senate of persons to approve vouchers for payment of moneys. 61f, 61f-1. Omitted. 61f-1a. Travel expenses of Sergeant at Arms and Doorkeeper of Senate. 61f-2 to 61f-6. Omitted. 61f-7. Abolition of statutory positions in Office of Sergeant at Arms and Doorkeeper of Senate; authority to establish and fix compensation for positions. 61f-8. Use by Sergeant at Arms and Doorkeeper of Senate of individual consultants or organizations, and department and agency personnel. 61f-9. Employment of personnel by Sergeant at Arms and Doorkeeper of Senate at daily rates of compensation; authorization; limitation on amount of compensation. 61g. Compensation of Secretaries for Senate Majority and Minority. 61g-1 to 61g-3. Omitted. 61g-4. Appointment and compensation of employees by Secretary of Conference of Majority of Senate and Secretary of Conference of Minority of Senate. 61g-5. Appointment and compensation of employees by Secretaries of Senate Majority and Minority; gross compensation. 61g-6. Payment of expenses of Conference of Majority and Conference of Minority from Senate contingent fund. 61g-6a. Salaries for Conference of Majority and Conference of Minority of Senate; transfer of funds from appropriation account. 61g-7. Services of consultants to Majority and Minority Conference Committee of Senate. (a) Authorization of expenditure with approval of Committee on Rules and Administration. (b) Procurement by contract or employment. (c) Selection of consultant or organization by Conference Committee chairman. 61g-8. Utilization of funds for specialized training of professional staff for Majority and Minority Conference Committee of Senate. 61h to 61h-3. Omitted. 61h-4. Appointment of employees by Senate Majority and Minority Leaders; compensation. 61h-5. Assistants to Senate Majority and Minority Leaders for Floor Operations; establishment of positions; appointment; compensation. 61h-6. Appointment of consultants by President pro tempore, Majority Leader, Minority Leader, and Secretary of Senate; compensation. 61h-7. Chiefs of Staff for Senate Majority and Minority Leaders; appointment; compensation. 61i to 61j-1. Omitted. 61j-2. Compensation and appointment of employees by Senate Majority and Minority Whips. 61k. Appointment and compensation of employees by President pro tempore of Senate. 61l. Appointment and compensation of Administrative Assistant, Legislative Assistant, and Executive Secretary for Deputy President pro tempore of Senate. 62. Limitation on compensation of Sergeant at Arms and Doorkeeper of Senate. 62a, 62b. Omitted or Transferred. 63. Duties of Doorkeeper of Senate. 64. Omitted. 64-1. Employees of Senate Disbursing Office; designation by Secretary of Senate to administer oaths and affirmations. 64-2. Transfers of funds by Secretary of Senate; approval of Committee on Appropriations. 64-3. Reimbursement for Capitol Police salaries paid by Senate for service at Federal Law Enforcement Training Center. 64a. Death, resignation, or disability of Secretary and Assistant Secretary of Senate; Financial Clerk deemed successor as disbursing officer. 64a-1. Compensation of Financial Clerk of Senate. 64b. Death, resignation, or disability of Secretary of Senate; Assistant Secretary of Senate to act as Secretary; written designation of absent status. 65. Repealed. 65a. Insurance of office funds of Secretary of Senate and Sergeant at Arms; payment of premiums. 65b. Advances to Sergeant at Arms of Senate for extraordinary expenses. 65c. Expense allowance for Secretary of Senate, Sergeant at Arms and Doorkeeper of Senate, and Secretaries for Senate Majority and Minority. 65d. Funds advanced by Secretary of Senate to Sergeant at Arms and Doorkeeper of Senate to defray office expenses; accountability; maximum amount; vouchers. 65e. Transferred. 65f. Funds for Secretary of Senate to assist in proper discharge within United States of responsibilities to foreign parliamentary groups or other foreign officials. 66. Repealed. 66a. Restriction on payment of dual compensation by Secretary of Senate. 67. Clerks to Senators-elect. 67a. Employment of civilian employees of executive branch of Government by Senate Committee on Appropriations; restoration to former position. 68. Payments from Senate contingent fund. 68-1. Committee on Rules and Administration; designation of employees to approve vouchers for payments from Senate contingent fund. 68-2. Appropriations for contingent expenses of Senate; restrictions. 68-3. Separate accounts for 'Secretary of the Senate' and for 'Sergeant at Arms and Doorkeeper of the Senate'; establishment within Senate contingent fund; inclusion of funds in existing accounts. 68-4. Deposit of moneys for credit to account within Senate contingent fund for 'Sergeant at Arms and Doorkeeper of the Senate'. 68-5. Purchase, lease, exchange, maintenance, and operation of vehicles out of account for Sergeant at Arms and Doorkeeper of Senate within contingent fund of Senate; authorization of appropriations. 68-6. Transfers from appropriations account for expenses of Office of Secretary of Senate and Office of Sergeant at Arms and Doorkeeper of Senate. 68-6a. Transfers from appropriations account for expenses of Office of Sergeant at Arms and Doorkeeper of Senate. 68-7. Senate Office of Public Records Revolving Fund. (a) Establishment. (b) Source of moneys for deposit in Fund; availability of moneys in Fund. (c) Vouchers. (d) Regulations. (e) Transfer of moneys into Fund. 68a. Materials, supplies, and fuel payments from Senate contingent fund. 68b. Per diem and subsistence expenses from Senate contingent fund. 68c. Computation of compensation for stenographic assistance of committees payable from Senate contingent fund. 68d. Liquidation from appropriations of any unpaid obligations chargeable to rescinded unexpended balances of funds. 69. Expenses of committees payable from Senate contingent fund. 69a. Orientation seminars, etc., for new Senators, Senate officials, or members of staffs of Senators or Senate officials; payment of expenses. 70 to 72. Omitted. 72a. Committee staffs. (a) Appointment of professional members; number; qualifications; termination of employment. (b) Professional members for Committee on Appropriations; examinations of executive agencies' operation. (c) Clerical employees; appointment; number; duties; termination of employment. (d) Recordation of committee hearings, data, etc.; access to records. (e) Repealed. (f) Limitations on appointment of professional members. (g) Appointments when no vacancy exists; payment from Senate contingent fund. (h) Salary rates, assignment of facilities, and accessibility of committee records for minority staff appointees. (i) Consultants for Senate and House standing committees; procurement of temporary or intermittent services; contracts; advertisement requirements inapplicable; selection method; qualifications report to Congressional committees. (j) Specialized training for professional staffs of Senate and House standing committees, Senate Appropriations Committee, Senate Majority and Minority Policy Committees, and joint committees whose funding is disbursed by Secretary of Senate or Clerk of House; assistance: pay, tuition, etc. while training; continued employment agreement; service credit: retirement, life insurance and health insurance. 72a-1, 72a-1a. Repealed. 72a-1b. Approval of employment and compensation of committee employees by House standing committees. 72a-1c, 72a-1d. Repealed. 72a-1e. Assistance to Senators with committee memberships by employees in office of Senator. (1) Designation. (2) Certification; professional staff privileges. (3) Termination. 72a-1f. Designation by Senator who is Chairman or Vice Chairman of Senate Select Committee on Ethics of employee in office of that Senator to perform part-time service for Committee; amount reimbursable; procedure applicable. 72a-1g. Referral of ethics violations by Senate Ethics Committee to General Accounting Office for investigation. 72a-2 to 72a-4. Omitted or Repealed. 72b. Regulations governing availability of appropriations for House committee employees. 72b-1. Omitted. 72c. House committee reports on employed personnel; period covered; publication. 73, 74. Omitted. 74-1. Personal services in office of Speaker; payments from House contingent fund. 74-2. Omitted. 74a. Employment of administrative assistants for Speaker and House majority and minority leaders; compensation; appropriations. 74a-1. Omitted. 74a-2. Per annum rate of compensation of Chief of Staff of Joint Committee on Taxation. 74a-3. Additional employees in offices of House minority leader, majority whip, and chief majority whip; authorization; compensation. 74a-4. Additional amounts for personnel and equipment for House majority and minority leaders and majority and minority whips. 74a-5. Limits on uses of funds provided under section 74a-4. 74b. Employment of additional administrative assistants. 74c. Compensation of certain House minority employees. 75. Repealed. 75-1. Compensation of Clerk of House. 75a. Death, resignation, etc., of Clerk of House; accounts and payments; liability of Clerk for acts and defaults of disbursing clerk. 75a-1. Temporary appointments in case of vacancies or incapacity of House officers; compensation. (a) Temporary appointments in case of vacancy or incapacity in office of Clerk, Sergeant at Arms, Doorkeeper, Postmaster, or Chaplain of House. (b) Duties of temporary appointees. (c) Compensation of temporary appointee. 75b to 75e. Omitted. 76. Duties of Doorkeeper of House. 76-1. Compensation of Doorkeeper of House. 76a, 76b. Omitted. 77. Sergeant at Arms of House; additional compensation. 77a. Compensation of Sergeant at Arms. 78. Duties of Sergeant at Arms. 79. Symbol of office of Sergeant at Arms. 80. Disbursement of compensation of House Members by Sergeant at Arms. 80a. Deductions by Sergeant at Arms in disbursement of gratuity appropriations. 81. Repealed. 81a. Audits and reports of fiscal records of Sergeant at Arms. 81b. Payment from House contingent fund for restoration or adjustment of trust fund account of Sergeant at Arms. 81c. Insurance of office funds of Sergeant at Arms; payment of premiums. 82. Repealed. 83. Tenure of office of Sergeant at Arms. 84. Statement of disbursements by Sergeant at Arms. 84-1. Compensation of Postmaster of House. 84-2. Compensation of Chaplain of House. 84-3, 84-4. Omitted. 84a. Reporters for House of Representatives. 84a-1. Official Reporter of Debates or Official Reporter to Committees; adjustment of compensation. 84b. Disposition of receipts from sales of copies of transcripts. 85. Performance of duties by employees of House. 86. Division of salaries of employees of House. 87. Requiring or permitting employees of House to sublet duties. 88. Omitted. 88a. Education of Congressional and Supreme Court pages; appropriations; attendance at private or parochial schools. 88b. Education of other minors who are Congressional employees. 88b-1. Congressional pages. (a) Appointment conditions. (b) Qualifications. 88b-2. House of Representatives Page Board; establishment and purpose. 88b-3. Membership of Page Board. (a) Appointed and designated members. (b) 'Member of the House' defined. 88b-4. Regulations of Page Board. 88b-5. Page residence hall and page meal plan. (a) Revolving fund; establishment within House contingent fund. (b) Deposits in revolving fund; disbursements by Clerk of House. (c) 'Clerk' defined. (d) Regulations. 88b-6. Charges for lodging, meals, and related services furnished Senate pages in page residence hall; withholding from salary. 88c. Repealed. 88c-1. Educational services and related items for pages; payment authority pursuant to contract, etc., by Page Board. 88c-2. Academic year and summer term for page program. 88c-3. Service of page during academic year and summer term; filling of vacancies; eligibility. 88c-4. Definitions. 89. Certificates to pay rolls of employees of House. 89a. Certification of indebtedness of employees of House; withholding of amount. 90. Removal from office of employees of House. 91. Inquiry by Committee on House Administration. 92. Payment of appropriations for clerk hire for Members of House. 92-1. Clerk hire allowance payments; place of performance of services. 92a. Pay of clerical assistants as affected by death of Senator or Representative. 92b. Pay of clerical assistants as affected by death or resignation of Member of House. 92b-1. Termination of service of Members of House. 92b-2. Authority to prescribe regulations. 92b-3. Vouchers. 92c. Performance of duties by clerical assistants of dead or resigned Member of House. 92d. 'Member of House' defined. 92e to 94. Repealed or Omitted. 95. Payments from House contingent fund. 95a. Appropriations for contingent expenses of House; restrictions. 96. Payment of certain bills from moneys of House. 97. Temporary committee on accounts of House. 98, 99. Omitted. 100. Contracts for packing boxes for House. 101. Subletting duties of employees of Senate or House. 102. Omitted. 102a. Withdrawal of unexpended balances of appropriations. 103, 104. Omitted. 104a. Semiannual statements of expenditures by Secretary of Senate and Clerk of House. 105. Preparation and contents of statement of appropriations. 106. Stationery for Senate and House; advertisements for. 107. Opening bids for Senate and House stationery; awarding contracts. 108. Contracts for separate parts of Senate and House stationery. 109. American goods to be preferred in purchases for Senate and House. 110. Purchase of paper, envelopes, etc., for stationery rooms of Senate and House. 111. Purchase of supplies for Senate and House. 111a. Receipts from sales of items by Sergeant at Arms and Doorkeeper of Senate, to Senators, etc., to be credited to appropriation from which purchased. 111b. Contracts to furnish property, supplies, or services to Congress; terms varying from those offered other entities of Federal Government. 112. Purchases of stationery and materials for folding. 112a to 112d. Repealed. 112e. Electrical and mechanical office equipment for House Members, officers, and committees. (a) Authority of Clerk. (b) Registration and ownership. (c) Payment. (d) Rules and regulations. 113. Detailed reports of receipts and expenditures by Secretary of Senate and Clerk of House. 114. Fees for copies from Senate and House Journals. 115. Index to House daily calendar. 116. Repealed. 117. Sale of waste paper and condemned furniture. 117a. Omitted. 117b. Disposal of used or surplus furniture and equipment by Sergeant at Arms and Doorkeeper of Senate; procedure; deposit of receipts. 117b-1. Receipts from sale of used or surplus furniture and furnishings of Senate. 117c. Disposal of used or surplus automobiles and trucks by Sergeant at Arms and Doorkeeper of Senate; procedure; deposit of receipts. 117d. Reimbursements to Sergeant at Arms and Doorkeeper of Senate for equipment provided to Senators, etc., which has been lost, stolen, damaged, or otherwise unaccounted for; deposit of receipts. 117e. Disposal of used or surplus furniture and equipment by Clerk of House; procedure; deposit of receipts. 117f. Commissions and charges for public telephone or telecommunications services; deposit of receipts. (a) Authority of Clerk to receive commissions for providing public telephone service in House occupied areas. (b) Authority of Clerk to receive legislative branch charges for provision of telephone or telecommunications services; exception. (c) Deposit of receipts; availability for expenditure. 118. Actions against officers for official acts. 118a. Officers of Senate. 119. Stationery rooms of House and Senate; specification of classes of articles purchasable. 119a, 120. Repealed or Omitted. 121. Senate restaurant deficit fund; deposit of proceeds from surcharge on orders. 121a. Senate Barber and Beauty Shops Revolving Fund. (a) Establishment. (b) Deposit of moneys received; disbursements for equipment, supplies, and expenses. (c) Deposit as miscellaneous receipts of excess moneys in fund. (d) Disbursements upon vouchers. (e) Regulations. 121b. Senate Beauty Shop. (a) Employment and compensation of personnel. (b) Omitted. (c) Creditable civilian service in Senate Building Beauty Shop for basic annuity. (d) Creditable civilian service in Senate Building Beauty Shop for survivor annuities and disability benefits. (e) Certification concerning creditable service; acceptance by Office of Personnel Management. (f) Effective date. 121c. Office of Senate Health Promotion. (a) Establishment. (b) Fees, assessments, and charges. (c) Senate Health Promotion Revolving Fund. (d) Vouchers. (e) Inapplicability of provisions prohibiting sales, advertisements, or solicitations in Capitol grounds. (f) Regulations. 122. Repealed. 122a. Reimbursement of House Members for office expenses outside District of Columbia. 122b. Leasing of office space in home districts of House Members. 122c. Determination of disbursable annual amount. 122d. Authorization by Committee on House Administration. 122e. Office equipment, carpeting, and draperies. 122f. Rules and regulations. 122g. Definitions. 123, 123a. Repealed or Omitted. 123b. House Recording Studio; Senate Recording Studio and Senate Photographic Studio. (a) Establishment. (b) Assistance in making disk, film, and tape recordings; exclusiveness of use. (c) Operation of studios. (d) Prices of disk, film, and tape recordings; collection of moneys. (e) Restrictions on expenditures. (f) Appointment of Director and other employees of House Recording Studio. (g) Revolving funds. (h) Deposits in funds; availability of funds. (i) Distribution of equity of Joint Senate and House Recording Facility Revolving Fund; assignment of existing studio facilities, equipment, materials and supplies; transfer of accounts; reserve fund; distribution of balance. (j) Availability of existing services and facilities. (k) Restrictions on employment. (l) Abolition of Joint Recording Facility positions and salaries. (m) Repeals. (n) Repealed. (o) Authorization of appropriations. 123b-1. Senate Recording Studio and Senate Photographic Studio as successors to Senate Recording and Photographic Studios; rules, regulations, and fees for photographs and photographic services. 123c. Data processing equipment, software, and services. 123c-1. Advance payments for computer programing services. 123d. Senate Computer Center. (a) Senate Computer Center Revolving Fund. (b) Contracts for use of Senate computer; approval; terms. (c) Additional personnel. (d) Disbursements. 124. Arrangements for attendance at funeral of deceased House Members; payment of funeral expenses and expenses of attending funeral rites. 125. Gratuities for survivors of deceased House employees; computation. 125a. Death gratuity payments as gifts. 126, 126-1. Repealed or Omitted. 126-2. Designation of reporters. 126a. Omitted. 126b. Substitute reporters of debates and expert transcribers; temporary reporters of debates and expert transcribers; payments from Senate contingent fund. 127. Repealed. 127a. Reimbursement of transportation expenses for employees in office of House Member. 128 to 130. Repealed. 130-1. Participation by House in interparliamentary institutions; reception of members of foreign legislative bodies and foreign officials; meetings with Government officials. 130a. Nonpay status for Congressional employees studying under Congressional staff fellowships. 130b. Jury and witness service by Senate and House employees. (a) Definitions. (b) Service as juror or witness in connection with a judicial proceeding; prohibition against reduction of pay. (c) Official duty. (d) Prohibition on receipt of jury or witness fees. (e) Travel expenses. (f) Rules and regulations. (g) Congressional consent not conferred for production of official records or to testimony concerning activities related to employment. 130c. Waiver by Secretary of Senate of claims of United States arising out of erroneous payments to Vice President, Senator, or Senate employee paid by Secretary of Senate. (a) Waiver of claim for erroneous payment of pay or allowances. (b) Prohibition of waiver. (c) Credit for waiver. (d) Effect of waiver. (e) Construction with other laws. (f) Rules and regulations. 130d. Waiver by Speaker of House of claims of United States arising out of erroneous payments to officers or employees paid by Clerk of House. (a) Waiver of claim for erroneous payment of pay or allowances. (b) Investigation and report. (c) Prohibition of waiver. (d) Credit for waiver. (e) Effect of waiver. (f) Construction with other laws. (g) Rules and regulations. 130e. Special Services Office. ------DocID 7059 Document 8 of 401------ -CITE- 2 USC Sec. 60c-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60c-4. Withholding of charitable contributions from salaries paid by Secretary of Senate and from employees of Architect of Capitol -STATUTE- (a) Definitions For purposes of this section, the term - (1) 'Secretary' means the Secretary of the Senate; and (2) 'Architect' means the Architect of the Capitol. (b) Notice; deduction and transmission (1) The Secretary and the Architect shall notify individuals whose pay is disbursed by the Secretary or who are employees of the Architect, including employees of the Botanic Garden or the Senate Restaurants of the opportunity to have amounts withheld from their pay pursuant to this section for contribution to national voluntary health and welfare agencies designated by the Director of the Office of Personnel Management pursuant to Executive Order 10927, dated March 18, 1961. (2) Upon request by such an individual specifying the amount to be withheld and one Combined Federal Campaign Center in the Washington metropolitan area to receive such amount, the Secretary, the Architect, or any other officer who disburses the pay of such individual, as the case may be, shall - (A) withhold such amount from the pay of such individual; and (B) transmit (not less than once each calendar quarter) the amount so withheld to the Combined Federal Campaign Center as specified in such request. (c) Time of withholding and transmission The Secretary and the Architect shall, to the extent practicable, carry out subsection (b) of this section at or about the time of the Combined Federal Campaign and other fundraising in the executive branch of the Federal Government conducted pursuant to Executive Order 10927, dated March 18, 1961, and at such other times as each such officer deems appropriate. (d) Amount (1) No amount shall be withheld under subsection (b) of this section from the pay of any individual for any pay period if the amount of such pay for such period is less than the sum of - (A) the amount specified to be withheld from such pay under subsection (b) of this section for such period; plus (B) the amount of all other withholdings from such pay for such period. (2) No amount may be specified by an individual to be withheld for any pay period under subsection (b) of this section which is less than - (A) 50 cents, if the pay period of such individual is biweekly or semimonthly; or (B) $1, if the pay period of such individual is monthly. (e) Provisions as not imposing duty, burden, requirement or penalty on United States, Senate, or any officer or employee of United States; effect of filing paper This section imposes no duty, burden, or requirement upon the United States, the Senate, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the Senate, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, document, or any other item filed with the Secretary under this section is a paper of the Senate within the provisions of rule XXX of the Standing Rules of the Senate. (f) Rules and regulations The Secretary and the Architect are authorized to issue rules and regulations they consider appropriate in carrying out their duties under this section. -SOURCE- (Pub. L. 95-470, Oct. 17, 1978, 92 Stat. 1323; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -REFTEXT- REFERENCES IN TEXT Executive Order 10927, dated March 18, 1961, referred to in subsecs. (b)(1) and (c), was revoked by, and is covered by, Ex. Ord. No. 12353, Mar. 23, 1982, 47 F.R. 12785. The Standing Rules of the Senate, referred to in subsec. (e), were revised generally in 1979. Provisions relating to withdrawal of papers from the files of the Senate which were formerly contained in Rule XXX of the Standing Rules of the Senate are contained in Rule XI of the Standing Rules of the Senate. -TRANS- TRANSFER OF FUNCTIONS 'Director of the Office of Personnel Management' substituted for 'Chairman of the Civil Service Commission' in subsec. (b)(1) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission and Chairman thereof to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. ------DocID 7081 Document 9 of 401------ -CITE- 2 USC Sec. 60j-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60j-4. Longevity compensation not applicable to individuals paid by Secretary of Senate; savings provision -STATUTE- Section 60j of this title on or after October 1, 1983 shall not apply to any individual whose pay is disbursed by the Secretary of the Senate; except that, any individual who prior to such date was entitled to longevity compensation under such section on the basis of service performed prior to such date shall continue to be entitled to such compensation, but no individual shall accrue any longevity compensation on the basis of service performed on or after such date. -SOURCE- (Pub. L. 98-51, title I, Sec. 107, July 14, 1983, 97 Stat. 267.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984. ------DocID 7091 Document 10 of 401------ -CITE- 2 USC Sec. 61a-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-4. Repealed. Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 531 -MISC1- Section, Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 340; Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 807, provided for appointment and salary of a Comptroller of the Senate and a secretary to the Comptroller. EFFECTIVE DATE OF REPEAL Pub. L. 93-145 provided that the repeal is effective July 1, 1973. ------DocID 7112 Document 11 of 401------ -CITE- 2 USC Sec. 61e-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61e-4. Designation by Sergeant at Arms and Doorkeeper of Senate of persons to approve vouchers for payment of moneys -STATUTE- The Sergeant at Arms and Doorkeeper of the Senate (hereinafter in this section referred to as the 'Sergeant at Arms') may designate one or more employees in the Office of the Sergeant at Arms and Doorkeeper of the Senate to approve, on his behalf, all vouchers, for payment of moneys, which the Sergeant at Arms is authorized to approve. Whenever the Sergeant at Arms makes a designation under the authority of the preceding sentence, he shall immediately notify the Committee on Rules and Administration in writing of the designation, and thereafter any approval of any voucher, for payment of moneys, by an employee so designated shall (until such designation is revoked and the Sergeant at Arms notifies the Committee on Rules and Administration in writing of the revocation) be deemed and held to be approved by the Sergeant at Arms for all intents and purposes. -SOURCE- (Pub. L. 98-181, title I, Sec. 1201, Nov. 30, 1983, 97 Stat. 1289.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1984. ------DocID 7121 Document 12 of 401------ -CITE- 2 USC Sec. 61g-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61g-4. Appointment and compensation of employees by Secretary of Conference of Majority of Senate and Secretary of Conference of Minority of Senate -STATUTE- Effective October 1, 1979, the Secretary of the Conference of the Majority and the Secretary of the Conference of the Minority are each authorized to appoint and fix the compensation of such employees as they deem appropriate: Provided, That the gross compensation paid to such employees shall not exceed $70,000 each fiscal year for each Secretary. -SOURCE- (Pub. L. 96-38, title I, Sec. 102, July 25, 1979, 93 Stat. 111.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1979. -MISC3- PRIOR PROVISIONS A prior section 61g-4, Pub. L. 95-26, title I, Sec. 100, May 4, 1977, 91 Stat. 80, authorized Secretary of the Conference of the Majority and Secretary of the Conference of the Minority each to appoint and fix the compensation of an Executive Assistant and a Secretary. These positions were abolished by section 102 of Pub. L. 96-38, effective Oct. 1, 1979. INCREASES IN COMPENSATION Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 60a-1 of this title. ------DocID 7129 Document 13 of 401------ -CITE- 2 USC Sec. 61h-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61h-4. Appointment of employees by Senate Majority and Minority Leaders; compensation -STATUTE- Effective April 1, 1977, the Majority Leader and the Minority Leader are each authorized to appoint and fix the compensation of such employees as they deem appropriate: Provided, That the gross compensation paid to such employees shall not exceed $191,700 each fiscal year for each Leader. -SOURCE- (Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 80.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1977. -MISC3- INCREASES IN COMPENSATION Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 60a-1 of this title. ------DocID 7163 Document 14 of 401------ -CITE- 2 USC Sec. 68-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-4. Deposit of moneys for credit to account within Senate contingent fund for 'Sergeant at Arms and Doorkeeper of the Senate' -STATUTE- Any provision of law which is enacted prior to October 1, 1983, and which directs the Sergeant at Arms and Doorkeeper of the Senate to deposit any moneys in the United States Treasury for credit to the account, within the contingent fund of the Senate, for 'Miscellaneous Items', or for 'Automobiles and Maintenance' shall, on and after October 1, 1983, be deemed to direct him to deposit such moneys in the United States Treasury for credit to the account, within the contingent fund of the Senate, for the 'Sergeant at Arms and Doorkeeper of the Senate'. -SOURCE- (Pub. L. 98-181, title I, Sec. 1202, Nov. 30, 1983, 97 Stat. 1289.) -COD- CODIFICATION Section is from the Supplemental Appropriations Act, 1984. ------DocID 7184 Document 15 of 401------ -CITE- 2 USC Sec. 72a-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 72a-4. Repealed. Pub. L. 90-57, Sec. 105(i)(1), July 28, 1967, 81 Stat. 144 -MISC1- Section, Pub. L. 85-75, July 1, 1957, 71 Stat. 246, provided for computation of salaries and wages paid out of Senate contingent-expense items. See section 61-1(b), (c) of this title. EFFECTIVE DATE OF REPEAL Repeal effective Aug. 1, 1967, see section 105(k) of Pub. L. 90-57, set out as an Effective Date note under section 61-1 of this title. ------DocID 7195 Document 16 of 401------ -CITE- 2 USC Sec. 74a-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 74a-4. Additional amounts for personnel and equipment for House Majority and Minority Leaders and Majority and Minority Whips -STATUTE- Effective March 1, 1977, and until otherwise provided by law, there shall be paid out of the contingent fund of the House such additional amounts as may be necessary for office personnel, and rental or lease of necessary equipment, of each of the following officials of the House the following per annum amounts: (1) The majority leader, $30,000. (2) The minority leader, $30,000. (3) The majority whip, $15,000. (4) The minority whip, $15,000. -SOURCE- (Pub. L. 95-94, title I, Sec. 115, Aug. 5, 1977, 91 Stat. 668.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 393, Ninety-fifth Congress, Mar. 31, 1977, which was enacted into permanent law by Pub. L. 95-94. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 74a-5 of this title. ------DocID 7222 Document 17 of 401------ -CITE- 2 USC Sec. 84-3, 84-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 84-3, 84-4. Omitted -COD- CODIFICATION Section 84-3, which related to compensation of Deputy Sergeant at Arms (charge of pairs), was based on House Resolution No. 138, Feb. 2, 1961, which was enacted into permanent law by Pub. L. 87-130, Sec. 103, Aug. 10, 1961, 75 Stat. 334. See section 291 et seq. of this title. Section 84-4, which related to compensation of a clerk-messenger in office of Parliamentarian, was based on House Resolution No. 603, Apr. 16, 1962, which was enacted into permanent law by Pub. L. 88-248, Sec. 103, Dec. 30, 1963, 77 Stat. 817, and was omitted because a lump-sum appropriation is now made for the Office of Parliamentarian. ------DocID 7235 Document 18 of 401------ -CITE- 2 USC Sec. 88b-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88b-4. Regulations of Page Board -STATUTE- The Page Board shall have authority to prescribe such regulations as may be necessary to carry out sections 88b-2 to 88b-4 of this title. -SOURCE- (Pub. L. 97-377, title I, Sec. 127, Dec. 21, 1982, 96 Stat. 1914.) -COD- CODIFICATION Section is based on section 3 of House Resolution No. 611, Ninety-seventh Congress, Nov. 30, 1982, which was enacted into permanent law by Pub. L. 97-377. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 88b-3 of this title. ------DocID 7242 Document 19 of 401------ -CITE- 2 USC Sec. 88c-4 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 88c-4. Definitions -STATUTE- As used in sections 88c-1 to 88c-4 of this title, the term - (1) 'academic year' means a regular school year, consisting of two terms; (2) 'page' means a page of the House of Representatives, but such term does not include a full time, permanent employee of the House of Representatives with supervisory responsibility for pages; and (3) 'congressional page' means a page of the House of Representatives or the Senate. -SOURCE- (Pub. L. 98-367, title I, Sec. 103, July 17, 1984, 98 Stat. 479.) -COD- CODIFICATION Section is based on section 4 of House Resolution No. 234, Ninety-eighth Congress, June 29, 1983, which was enacted into permanent law by Pub. L. 98-367. -MISC3- EFFECTIVE DATE Section effective June 29, 1983, see note set out under section 88c-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 88c-1 of this title. ------DocID 7768 Document 20 of 401------ -CITE- 3 USC Sec. 4 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 4. Vacancies in electoral college -STATUTE- Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 673.) ------DocID 7811 Document 21 of 401------ -CITE- 3 USC CHAPTER 4 -EXPCITE- TITLE 3 CHAPTER 4 -HEAD- CHAPTER 4 - DELEGATION OF FUNCTIONS -MISC1- Sec. 301. General authorization to delegate functions; publication of delegations. 302. Scope of delegation of functions. 303. Definitions. SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE Similar provisions were contained in former chapter 4, comprising former sections 301 to 303 of this title, which was set out here but which was not a part of this title. Former sections 301 to 303 were derived from act Aug. 8, 1950, ch. 646, Sec. 1-3, 64 Stat. 419, and were repealed by section 56(j) of act Oct. 31, 1951. Subsec. (l) of section 56 provided that the repeal should not affect any rights or liabilities existing under the repealed sections on the effective date of the repeal (Oct. 31, 1951). ------DocID 6874 Document 22 of 401------ -CITE- 1 USC Sec. 4 -EXPCITE- TITLE 1 CHAPTER 1 -HEAD- Sec. 4. 'Vehicle' as including all means of land transportation -STATUTE- The word 'vehicle' includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. -SOURCE- (July 30, 1947, ch. 388, 61 Stat. 633.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 101; title 32 section 101; title 37 section 101. ------DocID 7816 Document 23 of 401------ -CITE- 4 USC CHAPTER 1 -EXPCITE- TITLE 4 CHAPTER 1 -HEAD- CHAPTER 1 - THE FLAG -MISC1- Sec. 1. Flag; stripes and stars on. 2. Same; additional stars. 3. Use of flag for advertising purposes; mutilation of flag. ------DocID 7817 Document 24 of 401------ -CITE- 4 USC Sec. 1 -EXPCITE- TITLE 4 CHAPTER 1 -HEAD- Sec. 1. Flag; stripes and stars on -STATUTE- The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 642.) -EXEC- EXECUTIVE ORDER NO. 10798 Ex. Ord. No. 10798, Jan. 3, 1959, 24 F.R. 79, which prescribed proportions and sizes of flags until July 4, 1960, was revoked by section 33 of Ex. Ord. No. 10834, set out as a note under this section. EX. ORD. NO. 10834. PROPORTIONS AND SIZES OF FLAGS AND POSITION OF STARS Ex. Ord. No. 10834, Aug. 21, 1959, 24 F.R. 6865, provided: WHEREAS the State of Hawaii has this day been admitted into the Union; and WHEREAS section 2 of title 4 of the United States Code provides as follows: 'On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission.'; and WHEREAS the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (see Short Title note under section 471 of Title 40, Public Buildings, Property, and Works) authorizes the President to prescribe policies and directives governing the procurement and utilization of property by executive agencies; and WHEREAS the interests of the Government require that orderly and reasonable provision be made for various matters pertaining to the flag and that appropriate regulations governing the procurement and utilization of national flags and union jacks by executive agencies be prescribed: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and as Commander in Chief of the armed forces of the United States, and the Federal Property and Administrative Services Act of 1949, as amended (see Short Title note under section 471 of Title 40, Public Buildings, Property, and Works), it is hereby ordered as follows: PART I - DESIGN OF THE FLAG Section 1. The flag of the United States shall have thirteen horizontal stripes, alternate red and white, and a union consisting of white stars on a field of blue. Sec. 2. The positions of the stars in the union of the flag and in the union jack shall be as indicated on the attachment to this order, which is hereby made a part of this order. Sec. 3. The dimensions of the constituent parts of the flag shall conform to the proportions set forth in the attachment referred to in section 2 of this order. PART II - REGULATIONS GOVERNING EXECUTIVE AGENCIES Sec. 21. The following sizes of flags are authorized for executive agencies: --------------------------------------------------------------------- Dimensions of Flag Size Hoist (width) Fly (length) --------------------------------------------------------------------- Feet Feet (1) 20.00 38.00 (2) 10.00 19.00 (3) 8.95 17.00 (4) 7.00 11.00 (5) 5.00 9.50 (6) 4.33 5.50 (7) 3.50 6.65 (8) 3.00 4.00 (9) 3.00 5.70 (10) 2.37 4.50 (11) 1.32 2.50 ------------------------------- Sec. 22. Flags manufactured or purchased for the use of executive agencies: (a) Shall conform to the provisions of Part I of this order, except as may be otherwise authorized pursuant to the provisions of section 24, or except as otherwise authorized by the provisions of section 21, of this order. (b) Shall conform to the provisions of section 21 of this order, except as may be otherwise authorized pursuant to the provisions of section 24 of this order. Sec. 23. The exterior dimensions of each union jack manufactured or purchased for executive agencies shall equal the respective exterior dimensions of the union of a flag of a size authorized by or pursuant to this order. The size of the union jack flown with the national flag shall be the same as the size of the union of that national flag. Sec. 24. (a) The Secretary of Defense in respect of procurement for the Department of Defense (including military colors) and the Administrator of General Services in respect of procurement for executive agencies other than the Department of Defense may, for cause which the Secretary or the Administrator, as the case may be, deems sufficient, make necessary minor adjustments in one or more of the dimensions or proportionate dimensions prescribed by this order, or authorize proportions or sizes other than those prescribed by section 3 or section 21 of this order. (b) So far as practicable, (1) the actions of the Secretary of Defense under the provisions of section 24(a) of this order, as they relate to the various organizational elements of the Department of Defense, shall be coordinated, and (2) the Secretary and the Administrator shall mutually coordinate their actions under that section. Sec. 25. Subject to such limited exceptions as the Secretary of Defense in respect of the Department of Defense, and the Administrator of General Services in respect of executive agencies other than the Department of Defense, may approve, all national flags and union jacks now in the possession of executive agencies, or hereafter acquired by executive agencies under contracts awarded prior to the date of this order, including those so possessed or so acquired by the General Services Administration, for distribution to other agencies, shall be utilized until unserviceable. PART III - GENERAL PROVISIONS Sec. 31. The flag prescribed by Executive Order No. 10798 of January 3, 1959, shall be the official flag of the United States until July 4, 1960, and on that date the flag prescribed by Part I of this order shall become the official flag of the United States; but this section shall neither derogate from section 24 or section 25 of this order nor preclude the procurement, for executive agencies, of flags provided for by or pursuant to this order at any time after the date of this order. Sec. 32. As used in this order, the term 'executive agencies' means the executive departments and independent establishments in the executive branch of the Government, including wholly-owned Government corporations. Sec. 33. Executive Order No. 10798 of January 3, 1959, is hereby revoked. Dwight D. Eisenhower. *** ILLUSTRATION OMITTED *** -------------------------------------- STANDARD PROPORTIONS Hoist (width) of flag 1.0 A Fly (length) of flag 1.9: B Hoist (width) of Union 0.5385 ( 7/13): C Fly (length) of Union 0.76: D 0.054: E 0.054: F 0.063: G 0.063: H Diameter of star 0.0616: K Width of stripe 0.0769 ( 1/13): L -------------------------------------- -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 36 section 173. ------DocID 7818 Document 25 of 401------ -CITE- 4 USC Sec. 2 -EXPCITE- TITLE 4 CHAPTER 1 -HEAD- Sec. 2. Same; additional stars -STATUTE- On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 642.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 36 section 173. ------DocID 7819 Document 26 of 401------ -CITE- 4 USC Sec. 3 -EXPCITE- TITLE 4 CHAPTER 1 -HEAD- Sec. 3. Use of flag for advertising purposes; mutilation of flag -STATUTE- Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words 'flag, standard, colors, or ensign', as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 642; July 5, 1968, Pub. L. 90-381, Sec. 3, 82 Stat. 291.) -MISC1- AMENDMENTS 1968 - Pub. L. 90-381 struck out '; or who, within the District of Columbia, shall publicly mutilate, deface, defile or defy, trample upon, or cast contempt, either by word or act, upon any such flag, standard, colors, or ensign,' after 'substance on which so placed'. -CROSS- CROSS REFERENCES Display and use of flag by civilians, see section 174 of Title 36, Patriotic Societies and Observances. Manner of display of flag, see section 175 of Title 36, Patriotic Societies and Observances. Penalty for desecration of the flag, see section 700 of Title 18, Crimes and Criminal Procedure. Police uniforms to display U.S. flag emblem or colors, see section 210a of Title 40, Public Buildings, Property, and Works. Respect for flag, see section 176 of Title 36, Patriotic Societies and Observances. ------DocID 7820 Document 27 of 401------ -CITE- 4 USC CHAPTER 2 -EXPCITE- TITLE 4 CHAPTER 2 -HEAD- CHAPTER 2 - THE SEAL -MISC1- Sec. 41. Seal of the United States. 42. Same; custody and use of. ------DocID 7821 Document 28 of 401------ -CITE- 4 USC Sec. 41 -EXPCITE- TITLE 4 CHAPTER 2 -HEAD- Sec. 41. Seal of the United States -STATUTE- The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 643.) -CROSS- CROSS REFERENCES National motto, see section 186 of Title 36, Patriotic Societies and Observances. ------DocID 7822 Document 29 of 401------ -CITE- 4 USC Sec. 42 -EXPCITE- TITLE 4 CHAPTER 2 -HEAD- Sec. 42. Same; custody and use of -STATUTE- The Secretary of State shall have the custody and charge of such seal. Except as provided by section 2902(a) of title 5, the seal shall not be affixed to any instrument without the special warrant of the President therefor. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 643; Sept. 6, 1966, Pub. L. 89-554, Sec. 2(a), 80 Stat. 608.) -MISC1- AMENDMENTS 1966 - Pub. L. 89-554 struck out provisions which required the Secretary of State to make out and record, and to affix the seal to, all civil commissions for officers of the United States appointed by the President. See section 2902(a) of Title 5, Government Organization and Employees. -EXEC- EX. ORD. NO. 10347. AFFIXING OF SEAL WITHOUT SPECIAL WARRANT Ex. Ord. No. 10347, Apr. 18, 1952, 17 F.R. 3521, as amended by Ex. Ord. No. 11354, May 23, 1967, 32 F.R. 7695; Ex. Ord. No. 11517, Mar. 19, 1970, 35 F.R. 4937, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code (section 10, Public Law 248, approved October 31, 1951, 65 Stat. 713), and as President of the United States, I hereby authorize and direct the Secretary of State to affix the Seal of the United States, pursuant to section 42 of title 4 of the United States Code (this section), without any special warrant therefor, other than this order, to each document included within any of the following classes of documents when such document has been signed by the President and, in the case of any such document to which the counter-signature of the Secretary of State is required to be affixed, has been counter-signed by the said Secretary: 1. Proclamations by the President of treaties, conventions, protocols, or other international agreements. 2. Instruments of ratification of treaties. 3. Full powers to negotiate treaties and to exchange ratifications. 4. Letters of credence and recall and other communications from the President to heads of foreign governments. 5. Exequaturs issued to those foreign consular officers in the United States whose commissions bear the signature of the chief of state which they represent. ------DocID 7823 Document 30 of 401------ -CITE- 4 USC CHAPTER 3 -EXPCITE- TITLE 4 CHAPTER 3 -HEAD- CHAPTER 3 - SEAT OF THE GOVERNMENT -MISC1- Sec. 71. Permanent seat of Government. 72. Public offices; at seat of Government. 73. Same; removal from seat of Government. ------DocID 7824 Document 31 of 401------ -CITE- 4 USC Sec. 71 -EXPCITE- TITLE 4 CHAPTER 3 -HEAD- Sec. 71. Permanent seat of Government -STATUTE- All that part of the territory of the United States included within the present limits of the District of Columbia shall be the permanent seat of government of the United States. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 643.) ------DocID 7825 Document 32 of 401------ -CITE- 4 USC Sec. 72 -EXPCITE- TITLE 4 CHAPTER 3 -HEAD- Sec. 72. Public offices; at seat of Government -STATUTE- All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 643.) ------DocID 7826 Document 33 of 401------ -CITE- 4 USC Sec. 73 -EXPCITE- TITLE 4 CHAPTER 3 -HEAD- Sec. 73. Same; removal from seat of Government -STATUTE- In case of the prevalence of a contagious or epidemic disease at the seat of government, the President may permit and direct the removal of any or all the public offices to such other place or places as he shall deem most safe and convenient for conducting the public business. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 643.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 97. ------DocID 6919 Document 34 of 401------ -CITE- 2 USC Sec. 3, 4 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 3, 4. Omitted -COD- CODIFICATION Section 3, act Aug. 8, 1911, ch. 5, Sec. 3, 37 Stat. 14, which related to election by districts, expired by its own limitation upon enactment of Reapportionment Act of June 18, 1929, ch. 28, Sec. 22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Brown, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131). Section 4, act Aug. 8, 1911, ch. 5, Sec. 4, 37 Stat. 14, which related to additional Representatives at large, expired by its own limitation upon enactment of Reapportionment Act of June 18, 1929, ch. 28, Sec. 22, 46 Stat. 21 (section 2a of this title). It was not restated in act June 18, 1929, providing for reapportionment under Fifteenth Census, and hence it was not applicable thereto. See Wood v. Brown, 1932 (53 S. Ct. 1, 287 U.S. 1, 77 L. Ed. 131). ------DocID 7828 Document 35 of 401------ -CITE- 4 USC Sec. 101 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 101. Oath by members of legislatures and officers -STATUTE- Every member of a State legislature, and every executive and judicial officer of a State, shall, before he proceeds to execute the duties of his office, take an oath in the following form, to wit: 'I, A B, do solemnly swear that I will support the Constitution of the United States.' -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 643.) ------DocID 7829 Document 36 of 401------ -CITE- 4 USC Sec. 102 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 102. Same; by whom administered -STATUTE- Such oath may be administered by any person who, by the law of the State, is authorized to administer the oath of office; and the person so administering such oath shall cause a record or certificate thereof to be made in the same manner, as by the law of the State, he is directed to record or certify the oath of office. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 644.) ------DocID 7830 Document 37 of 401------ -CITE- 4 USC Sec. 103 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 103. Assent to purchase of lands for forts -STATUTE- The President of the United States is authorized to procure the assent of the legislature of any State, within which any purchase of land has been made for the erection of forts, magazines, arsenals, dockyards, and other needful buildings, without such consent having been obtained. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 644.) ------DocID 7831 Document 38 of 401------ -CITE- 4 USC Sec. 104 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 104. Tax on motor fuel sold on military or other reservation (FOOTNOTE 1) reports to State taxing authority -STATUTE- (FOOTNOTE 1) So in original. Probably should be followed by a semicolon. (a) All taxes levied by any State, Territory, or the District of Columbia upon, with respect to, or measured by, sales, purchases, storage, or use of gasoline or other motor vehicle fuels may be levied, in the same manner and to the same extent, with respect to such fuels when sold by or through post exchanges, ship stores, ship service stores, commissaries, filling stations, licensed traders, and other similar agencies, located on United States military or other reservations, when such fuels are not for the exclusive use of the United States. Such taxes, so levied, shall be paid to the proper taxing authorities of the State, Territory, or the District of Columbia, within whose borders the reservation affected may be located. (b) The officer in charge of such reservation shall, on or before the fifteenth day of each month, submit a written statement to the proper taxing authorities of the State, Territory, or the District of Columbia within whose borders the reservation is located, showing the amount of such motor fuel with respect to which taxes are payable under subsection (a) for the preceding month. (c) As used in this section, the term 'Territory' shall include Guam. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 644; Aug. 1, 1956, ch. 827, 70 Stat. 799.) -MISC1- AMENDMENTS 1956 - Subsec. (c) added by act Aug. 1, 1956. CIVIL AIRPORTS OWNED BY UNITED STATES SUBJECT TO SECTIONS 104 TO 110; SALES OR USE TAXES: FUELS FOR AIRCRAFT OR OTHER SERVICING OF AIRCRAFT; LANDING OR TAKING OFF CHARGES; LEASES Section 210 of Pub. L. 91-258, title II, May 21, 1970, 84 Stat. 253, provided that: '(a) Nothing in this title or in any other law of the United States shall prevent the application of sections 104 through 110 of title 4 of the United States Code to civil airports owned by the United States. '(b) Subsection (a) shall not apply to - '(1) sales or use taxes in respect of fuels for aircraft or in respect of other servicing of aircraft, or '(2) taxes, fees, head charges, or other charges in respect of the landing or taking off of aircraft or aircraft passengers or freight. '(c) In the case of any lease in effect on September 28, 1969, subsection (a) shall not authorize the levy or collection of any tax in respect of any transaction occurring, or any service performed, pursuant to such lease before the expiration of such lease (determined without regard to any renewal or extension of such lease made after September 28, 1969). For purposes of the preceding sentence, the term 'lease' includes a contract.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 110 of this title. ------DocID 7832 Document 39 of 401------ -CITE- 4 USC Sec. 105 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 105. State, and so forth, taxation affecting Federal areas; sales or use tax -STATUTE- (a) No person shall be relieved from liability for payment of, collection of, or accounting for any sales or use tax levied by any State, or by any duly constituted taxing authority therein, having jurisdiction to levy such a tax, on the ground that the sale or use, with respect to which such tax is levied, occurred in whole or in part within a Federal area; and such State or taxing authority shall have full jurisdiction and power to levy and collect any such tax in any Federal area within such State to the same extent and with the same effect as though such area was not a Federal area. (b) The provisions of subsection (a) shall be applicable only with respect to sales or purchases made, receipts from sales received, or storage or use occurring, after December 31, 1940. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 644.) -MISC1- TAXATION WITH RESPECT TO ESSENTIAL SUPPORT ACTIVITIES OR FUNCTIONS OF NON-GOVERNMENTAL PERSONS IN CONGRESSIONALLY-CONTROLLED LOCATIONS IN DISTRICT OF COLUMBIA Pub. L. 100-202, Sec. 101(i) (title III, Sec. 307), Dec. 22, 1987, 101 Stat. 1329-290, 1329-309, provided that: '(a) Notwithstanding section 105 of title 4, United States Code, or any other provision of law, no person shall be required to pay, collect, or account for any sales, use, or similar excise tax, or any personal property tax, with respect to an essential support activity or function conducted by a nongovernmental person in the Capitol, the House Office Buildings, the Senate Office Buildings, the Capitol Grounds, or any other location under the control of the Congress in the District of Columbia. '(b) As used in this section - '(1) the term 'essential support activity or function' means a support activity or function so designated by the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, acting jointly or separately, as appropriate; '(2) the term 'personal property tax' means a tax of a State, a subdivision of a State, or any other authority of a State, that is levied on, levied with respect to, or measured by, the value of personal property; '(3) the term 'sales, use, or similar excise tax' means a tax of a State, a subdivision of a State, or any other authority of a State, that is levied on, levied with respect to, or measured by, sales, receipts from sales, or purchases, or by storage, possession, or use of personal property; and '(4) the term 'State' means a State of the United States, the District of Columbia, or a territory or possession of the United States. '(c) This section shall apply to any sale, receipt, purchase, storage, possession, use, or valuation taking place after December 31, 1986.' -CROSS- CROSS REFERENCES Imposition of net income taxes by State on income derived from interstate commerce, see chapter 10B (Sec. 381 et seq.) of Title 15, Commerce and Trade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 107, 108, 109, 110 of this title; title 36 section 1219. ------DocID 7833 Document 40 of 401------ -CITE- 4 USC Sec. 106 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 106. Same; income tax -STATUTE- (a) No person shall be relieved from liability for any income tax levied by any State, or by any duly constituted taxing authority therein, having jurisdiction to levy such a tax, by reason of his residing within a Federal area or receiving income from transactions occurring or services performed in such area; and such State or taxing authority shall have full jurisdiction and power to levy and collect such tax in any Federal area within such State to the same extent and with the same effect as though such area was not a Federal area. (b) The provisions of subsection (a) shall be applicable only with respect to income or receipts received after December 31, 1940. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 644.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 107, 108, 109, 110 of this title. ------DocID 7834 Document 41 of 401------ -CITE- 4 USC Sec. 107 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 107. Same; exception of United States, its instrumentalities, and authorized purchases therefrom -STATUTE- (a) The provisions of sections 105 and 106 of this title shall not be deemed to authorize the levy or collection of any tax on or from the United States or any instrumentality thereof, or the levy or collection of any tax with respect to sale, purchase, storage, or use of tangible personal property sold by the United States or any instrumentality thereof to any authorized purchaser. (b) A person shall be deemed to be an authorized purchaser under this section only with respect to purchases which he is permitted to make from commissaries, ship's stores, or voluntary unincorporated organizations of personnel of any branch of the Armed Forces of the United States, under regulations promulgated by the departmental Secretary having jurisdiction over such branch. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 645; Sept. 3, 1954, ch. 1263, Sec. 4, 68 Stat. 1227.) -MISC1- AMENDMENTS 1954 - Subsec. (b). Act Sept. 3, 1954, substituted 'personnel of any branch of the Armed Forces of the United States' for 'Army or Navy personnel'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 108, 110 of this title. ------DocID 7835 Document 42 of 401------ -CITE- 4 USC Sec. 108 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 108. Same; jurisdiction of United States over Federal areas unaffected -STATUTE- The provisions of sections 105-110 of this title shall not for the purposes of any other provision of law be deemed to deprive the United States of exclusive jurisdiction over any Federal area over which it would otherwise have exclusive jurisdiction or to limit the jurisdiction of the United States over any Federal area. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 645.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 110 of this title. ------DocID 7836 Document 43 of 401------ -CITE- 4 USC Sec. 109 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 109. Same; exception of Indians -STATUTE- Nothing in sections 105 and 106 of this title shall be deemed to authorize the levy or collection of any tax on or from any Indian not otherwise taxed. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 645.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 108, 110 of this title. ------DocID 7837 Document 44 of 401------ -CITE- 4 USC Sec. 110 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 110. Same; definitions -STATUTE- As used in sections 105-109 of this title - (a) The term 'person' shall have the meaning assigned to it in section 3797 of title 26. (b) The term 'sales or use tax' means any tax levied on, with respect to, or measured by, sales, receipts from sales, purchases, storage, or use of tangible personal property, except a tax with respect to which the provisions of section 104 of this title are applicable. (c) The term 'income tax' means any tax levied on, with respect to, or measured by, net income, gross income, or gross receipts. (d) The term 'State' includes any Territory or possession of the United States. (e) The term 'Federal area' means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency, of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State. -SOURCE- (July 30, 1947, ch. 389, 61 Stat. 645.) -REFTEXT- REFERENCES IN TEXT Section 3797 of title 26, referred to in subsec. (a), is a reference to section 3797 of the Internal Revenue Code of 1939, which was repealed by section 7851 of the Internal Revenue Code of 1954, Title 26, and is covered by section 7701(a)(1) of Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding section 1 of Title 26, Internal Revenue Code. See also section 7852(b) of Title 26, Internal Revenue Code, for provision that references in any other law to a provision of the 1939 Code, unless expressly incompatible with the intent thereof, shall be deemed a reference to the corresponding provision of the 1986 Code. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 108, 113 of this title. ------DocID 7838 Document 45 of 401------ -CITE- 4 USC Sec. 111 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 111. Same; taxation affecting Federal employees; income tax -STATUTE- The United States consents to the taxation of pay or compensation for personal service as an officer or employee of the United States, a territory or possession or political subdivision thereof, the government of the District of Columbia, or an agency or instrumentality of one or more of the foregoing, by a duly constituted taxing authority having jurisdiction, if the taxation does not discriminate against the officer or employee because of the source of the pay or compensation. -SOURCE- (Added Pub. L. 89-554, Sec. 2(c), Sept. 6, 1966, 80 Stat. 608.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 84a Apr. 12, 1939, ch. 59, Sec. 4, 53 Stat. 575. ------------------------------- The words 'received after December 31, 1938,' are omitted as obsolete. The words 'pay or' are added before 'compensation' for clarity as the word 'pay' is used throughout title 5, United States Code, to refer to the remuneration, salary, wages, or compensation for the personal services of a Federal employee. The word 'territory' is not capitalized as there are no longer any 'Territories.' The words 'to tax such compensation' are omitted as unnecessary. ------DocID 7839 Document 46 of 401------ -CITE- 4 USC Sec. 112 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 112. Compacts between States for cooperation in prevention of crime; consent of Congress -STATUTE- (a) The consent of Congress is hereby given to any two or more States to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and in the enforcement of their respective criminal laws and policies, and to establish such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts. (b) For the purpose of this section, the term 'States' means the several States and Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and the District of Columbia. -SOURCE- (Added May 24, 1949, ch. 139, Sec. 129(b), 63 Stat. 107, Sec. 112, formerly Sec. 111, amended Aug. 3, 1956, ch. 941, 70 Stat. 1020; Feb. 16, 1962, Pub. L. 87-406, 76 Stat. 9, and renumbered, Sept. 6, 1966, Pub. L. 89-554, Sec. 2(c), 80 Stat. 608.) -MISC1- HISTORICAL AND REVISION NOTE This section (section 129(b) of Act May 24, 1949) incorporates in title 4, U.S.C. (enacted into positive law by act of July 30, 1947 (ch. 389, Sec. 1, 61 Stat. 641), the provisions of former section 420 of title 18, U.S.C. (act of June 6, 1934, ch. 406, 48 Stat. 909), which, in the course of the revision of such title 18, was omitted therefrom and recommended for transfer to such title 4. (See table 7 - Transferred sections, p. A219, H. Rept. No. 304, April 24, 1947, to accompany H.R. 3190, 80th Cong.). AMENDMENTS 1962 - Subsec. (b). Pub. L. 87-406 inserted 'Guam' after 'the Virgin Islands,'. 1956 - Act Aug. 3, 1956, designated existing provisions as subsec. (a) and added subsec. (b). ADMISSION OF ALASKA AND HAWAII TO STATEHOOD Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding former section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding former section 491 of Title 48. ------DocID 7840 Document 47 of 401------ -CITE- 4 USC Sec. 113 -EXPCITE- TITLE 4 CHAPTER 4 -HEAD- Sec. 113. Residence of Members of Congress for State income tax laws -STATUTE- (a) No State, or political subdivision thereof, in which a Member of Congress maintains a place of abode for purposes of attending sessions of Congress may, for purposes of any income tax (as defined in section 110(c) of this title) levied by such State or political subdivision thereof - (1) treat such Member as a resident or domiciliary of such State or political subdivision thereof; or (2) treat any compensation paid by the United States to such Member as income for services performed within, or from sources within, such State or political subdivision thereof, unless such Member represents such State or a district in such State. (b) For purposes of subsection (a) - (1) the term 'Member of Congress' includes the delegates from the District of Columbia, Guam, and the Virgin Islands, and the Resident Commissioner from Puerto Rico; and (2) the term 'State' includes the District of Columbia. -SOURCE- (Added Pub. L. 95-67, Sec. 1(a), July 19, 1977, 91 Stat. 271.) -MISC1- EFFECTIVE DATE Section 1(c) of Pub. L. 95-67 provided that: 'The amendments made by subsections (a) and (b) (enacting this section and amending analysis preceding section 101 of this title) shall be effective with respect to all taxable years, whether beginning before, on, or after the date of the enactment of this Act (July 19, 1977).' RESIDENCE OF MEMBERS OF CONGRESS FOR STATE PERSONAL PROPERTY TAX ON MOTOR VEHICLES Pub. L. 99-190, Sec. 101(c) (H.R. 3067, Sec. 131), Dec. 19, 1985, 99 Stat. 1224; Pub. L. 100-202, Sec. 106, Dec. 22, 1987, 101 Stat. 1329-433, provided that: '(a) No State, or political subdivision thereof, in which a Member of Congress maintains a place of abode for purposes of attending sessions of Congress may impose a personal property tax with respect to any motor vehicle owned by such Member (or by the spouse of such Member) unless such Member represents such State or a district in such State. '(b) For purposes of this section - '(1) the term 'Member of Congress' includes the delegates from the District of Columbia, Guam, and the Virgin Islands, and the Resident Commissioner from Puerto Rico; '(2) the term 'State' includes the District of Columbia; and '(3) the term 'personal property tax' means any tax imposed on an annual basis and levied on, with respect to, or measured by, the market value or assessed value of an item of personal property. '(c) This section shall apply to all taxable periods beginning on or after January 1, 1985.' ------DocID 7841 Document 48 of 401------ -CITE- 4 USC CHAPTER 5 -EXPCITE- TITLE 4 CHAPTER 5 -HEAD- CHAPTER 5 - OFFICIAL TERRITORIAL PAPERS -MISC1- Sec. 141. Collection, preparation and publication. 142. Appointment of experts. 143. Employment and utilization of other personnel; cost of copy reading and indexing. 144. Cooperation of departments and agencies. 145. Printing and distribution. 146. Authorization of appropriations. AMENDMENTS 1951 - Chapter added by act Oct. 31, 1951, ch. 655, Sec. 12, 65 Stat. 713. -TRANS- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL Similar provisions were contained in former chapter 5, comprising former sections 141 to 146, which was set out here but which was not a part of this title. Former sections 141 to 146 were derived from: acts Mar. 3, 1925, ch. 419, Sec. 1, 2, 43 Stat. 1104; Mar. 3, 1925, ch. 419, Sec. 3, 4, as added Feb. 28, 1929, ch. 385, 45 Stat. 1412, 1413; Feb. 28, 1929, ch. 385, 45 Stat. 1412 (in addition to the provisions added to said act Mar. 3, 1925); Mar. 22, 1935, ch. 39, Sec. 1 (part), 49 Stat. 69; Feb. 14, 1936, ch. 70, 49 Stat. 1139; May 15, 1936, ch. 405, Sec. 1 (part), 49 Stat. 1311; June 16, 1937, ch. 359, Sec. 1 (part), 50 Stat. 262, 263; June 28, 1937, ch. 386, 50 Stat. 323, 324; Apr. 27, 1938, ch. 180, Sec. 1 (part), 52 Stat. 249; June 29, 1939, ch. 248, title I (part), 53 Stat. 886; July 31, 1945, ch. 336, 59 Stat. 510, 511; 1946 Proc. No. 2714, Dec. 31, 1946, 12 F.R. 1; act Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; 1950 Reorg. Plan No. 20, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1272; act July 7, 1950, ch. 452, 64 Stat. 320. All of the foregoing provisions, with the exception of 1946 Proc. No. 2714, act Oct. 28, 1949, Sec. 1106(a), and 1950 Reorg. Plan No. 20, Sec. 1, were repealed by act Oct. 31, 1951, ch. 655, Sec. 56(k)(1)-(11), 65 Stat. 730. Subsec. (l) of section 56 provided that the repeal should not affect any rights or liabilities existing under the repealed statutes on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statutes, and for transfer of records, property, personnel, and funds, see sections 3 and 4 of said 1950 Reorg. Plan No. 20, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 7842 Document 49 of 401------ -CITE- 4 USC Sec. 141 -EXPCITE- TITLE 4 CHAPTER 5 -HEAD- Sec. 141. Collection, preparation and publication -STATUTE- The Archivist of the United States, hereinafter referred to in this chapter as the 'Archivist', shall continue to completion the work of collecting, editing, copying, and suitably arranging for issuance as a Government publication, the official papers relating to the Territories from which States of the United States were formed, in the national archives, as listed in Parker's 'Calendar of Papers in Washington' Archives Relating to the Territories of the United States (to 1873)', being publication numbered 148 of the Carnegie Institution of Washington, together with such additional papers of like character which may be found. -SOURCE- (Added Oct. 31, 1951, ch. 655, Sec. 12, 65 Stat. 713, and amended Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(f), 98 Stat. 2292.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist of the United States' and 'Archivist' for 'Administrator of General Services' and 'Administrator', respectively. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. -TRANS- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL See note preceding this section. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 142, 143, 144 of this title. ------DocID 7843 Document 50 of 401------ -CITE- 4 USC Sec. 142 -EXPCITE- TITLE 4 CHAPTER 5 -HEAD- Sec. 142. Appointment of experts -STATUTE- For the purpose of carrying on the work prescribed by section 141 of this title, the Archivist, without regard to the Classification Act of 1949 and the civil service laws and regulations thereunder, may engage the services, either in or outside of the District of Columbia, of not to exceed five historical experts who are especially informed on the various phases of the territorial history of the United States and are especially qualified for the editorial work necessary in arranging such territorial papers for publication. -SOURCE- (Added Oct. 31, 1951, ch. 655, Sec. 12, 65 Stat. 714, and amended Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(f), 98 Stat. 2292.) -REFTEXT- REFERENCES IN TEXT The Classification Act of 1949, referred to in text, is act Oct. 28, 1949, ch. 782, 63 Stat. 954, which was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. The civil service laws, referred to in text, are set forth in Title 5. See, particularly, section 3301 et seq. of Title 5. -MISC2- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist' for 'Administrator'. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. -TRANS- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL See note preceding section 141 of this title. ------DocID 7844 Document 51 of 401------ -CITE- 4 USC Sec. 143 -EXPCITE- TITLE 4 CHAPTER 5 -HEAD- Sec. 143. Employment and utilization of other personnel; cost of copy reading and indexing -STATUTE- (a) In carrying out his functions under this chapter, the Archivist may employ such clerical assistants as may be necessary. (b) The work of copy reading and index making for the publication of the papers described in section 141 of this title shall be done by the regular editorial staff of the National Archives and Records Administration, and the cost of this particular phase of the work (prorated each month according to the number of hours spent and the annual salaries of the clerks employed) shall be charged against the annual appropriations made under section 146 of this title. -SOURCE- (Added Oct. 31, 1951, ch. 655, Sec. 12, 65 Stat. 714, and amended Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(f), 98 Stat. 2292.) -MISC1- AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-497 substituted 'Archivist' for 'Administrator'. Subsec. (b). Pub. L. 98-497 substituted 'National Archives and Records Administration' for 'General Services Administration'. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. -TRANS- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL See note preceding section 141 of this title. ------DocID 7845 Document 52 of 401------ -CITE- 4 USC Sec. 144 -EXPCITE- TITLE 4 CHAPTER 5 -HEAD- Sec. 144. Cooperation of departments and agencies -STATUTE- The heads of the several executive departments and independent agencies and establishments shall cooperate with the Archivist in the work prescribed by section 141 of this title by permitting access to any records deemed by him to be necessary to the completion of such work. -SOURCE- (Added Oct. 31, 1951, ch. 655, Sec. 12, 65 Stat. 714, and amended Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(f), 98 Stat. 2292.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-497 substituted 'Archivist' for 'Administrator'. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. -TRANS- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL See note preceding section 141 of this title. ------DocID 7846 Document 53 of 401------ -CITE- 4 USC Sec. 145 -EXPCITE- TITLE 4 CHAPTER 5 -HEAD- Sec. 145. Printing and distribution -STATUTE- (a) The Public Printer shall print and bind each volume of the official papers relating to the Territories of the United States as provided for in this chapter, of which - (1) four hundred and twenty copies shall be delivered to the Superintendent of Documents, Government Printing Office, for distribution, on the basis of one copy each, and as directed by the Archivist, to those historical associations, commissions, museums, or libraries and other nondepository libraries, not to exceed eight in number within each State, Territory, or Possession, which have been or may be designated by the Governor thereof to receive such copies; (2) one hundred copies shall be delivered to the National Archives and Records Administration for the use of that Administration; and (3) one hundred copies shall be delivered to the Superintendent of Documents for distribution in such manner and number as may be authorized and directed by the Joint Committee on Printing. (b) The historical associations, commissions, museums, or libraries and other nondepository libraries within each State, Territory, or Possession which have been or may be designated by the Governor thereof to receive the publications referred to in subsection (a) of this section, shall, during their existence, receive the succeeding volumes, the distribution of which shall be made by the Superintendent of Documents in accordance with lists of designations transmitted to him by the Archivist. A new designation may be made to the Archivist by the Governor only when a designated association, commission, museum, or library shall cease to exist, or when authorized by law. -SOURCE- (Added Oct. 31, 1951, ch. 655, Sec. 12, 65 Stat. 714, and amended Oct. 19, 1984, Pub. L. 98-497, title I, Sec. 107(f), 98 Stat. 2292.) -MISC1- AMENDMENTS 1984 - Subsec. (a)(1). Pub. L. 98-497 substituted 'Archivist' for 'Administrator'. Subsec. (a)(2). Pub. L. 98-497 substituted 'National Archives and Records Administration' for 'General Services Administration'. Subsec. (b). Pub. L. 98-497 substituted 'Archivist' for 'Administrator' in two places. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. -TRANS- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL See note preceding section 141 of this title. ------DocID 7847 Document 54 of 401------ -CITE- 4 USC Sec. 146 -EXPCITE- TITLE 4 CHAPTER 5 -HEAD- Sec. 146. Authorization of appropriations -STATUTE- For the purposes of this chapter, there are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, sums of not more than $50,000 for any one fiscal year. -SOURCE- (Added Oct. 31, 1951, ch. 655, Sec. 12, 65 Stat. 715.) -TRANS- SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL See note preceding section 141 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 143 of this title. ------DocID 8872 Document 55 of 401------ -CITE- 5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 4 -EXPCITE- TITLE 5 APPENDIX FEDERAL ADVISORY COMMITTEE ACT -HEAD- Sec. 4. Applicability; restrictions -STATUTE- (a) The provisions of this Act or of any rule, order, or regulation promulgated under this Act shall apply to each advisory committee except to the extent that any Act of Congress establishing any such advisory committee specifically provides otherwise. (b) Nothing in this Act shall be construed to apply to any advisory committee established or utilized by - (1) the Central Intelligence Agency; or (2) the Federal Reserve System. (c) Nothing in this Act shall be construed to apply to any local civic group whose primary function is that of rendering a public service with respect to a Federal program, or any State or local committee, council, board, commission, or similar group established to advise or make recommendations to State or local officials or agencies. -SOURCE- (Pub. L. 92-463, Sec. 4, Oct. 6, 1972, 86 Stat. 771.) ------DocID 8888 Document 56 of 401------ -CITE- 5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 4 -EXPCITE- TITLE 5 APPENDIX INSPECTOR GENERAL ACT OF 1978 -HEAD- Sec. 4. Duties and responsibilities; report of criminal violations to Attorney General -STATUTE- (a) It shall be the duty and responsibility of each Inspector General, with respect to the establishment within which his Office is established - (1) to provide policy direction for and to conduct, supervise, and coordinate audits and investigations relating to the programs and operations of such establishment; (2) to review existing and proposed legislation and regulations relating to programs and operations of such establishment and to make recommendations in the semiannual reports required by section 5(a) concerning the impact of such legislation or regulations on the economy and efficiency in the administration of programs and operations administered or financed by such establishment or the prevention and detection of fraud and abuse in such programs and operations; (3) to recommend policies for, and to conduct, supervise, or coordinate other activities carried out or financed by such establishment for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its programs and operations; (4) to recommend policies for, and to conduct, supervise, or coordinate relationships between such establishment and other Federal agencies, State and local governmental agencies, and nongovernmental entities with respect to (A) all matters relating to the promotion of economy and efficiency in the administration of, or the prevention and detection of fraud and abuse in, programs and operations administered or financed by such establishment, or (B) the identification and prosecution of participants in such fraud or abuse; and (5) to keep the head of such establishment and the Congress fully and currently informed, by means of the reports required by section 5 and otherwise, concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations administered or financed by such establishment, to recommend corrective action concerning such problems, abuses, and deficiencies, and to report on the progress made in implementing such corrective action. (b)(1) In carrying out the responsibilities specified in subsection (a)(1), each Inspector General shall - (A) comply with standards established by the Comptroller General of the United States for audits of Federal establishments, organizations, programs, activities, and functions; (B) establish guidelines for determining when it shall be appropriate to use non-Federal auditors; and (C) take appropriate steps to assure that any work performed by non-Federal auditors complies with the standards established by the Comptroller General as described in paragraph (1). (2) For purposes of determining compliance with paragraph (1)(A) with respect to whether internal quality controls are in place and operating and whether established audit standards, policies, and procedures are being followed by Offices of Inspector General of establishments defined under section 11(2), Offices of Inspector General of designated Federal entities defined under section 8E(a)(2), and any audit office established within a Federal entity defined under section 8E(a)(1), reviews shall be performed exclusively by an audit entity in the Federal Government, including the General Accounting Office or the Office of Inspector General of each establishment defined under section 11(2), or the Office of Inspector General of each designated Federal entity defined under section 8E(a)(2). (c) In carrying out the duties and responsibilities established under this Act, each Inspector General shall give particular regard to the activities of the Comptroller General of the United States with a view toward avoiding duplication and insuring effective coordination and cooperation. (d) In carrying out the duties and responsibilities established under this Act, each Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. -SOURCE- (Pub. L. 95-452, Sec. 4, Oct. 12, 1978, 92 Stat. 1102; Pub. L. 100-504, title I, Sec. 109, Oct. 18, 1988, 102 Stat. 2529.) -MISC1- AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-504 designated existing provisions as par. (1), redesignated pars. (1) to (3) as subpars. (A) to (C), respectively, and added par. (2). EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-504 effective 180 days after Oct. 18, 1988, see section 113 of Pub. L. 100-504, set out as a note under section 5 of Pub. L. 95-452 in this Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 4166; title 44 section 3903. ------DocID 8949 Document 57 of 401------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 4 OF 1949 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 4 OF 1949 -MISC1- EFF. AUG. 20, 1949, 14 F.R. 5227, 63 STAT. 1067 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 20, 1949, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). EXECUTIVE OFFICE OF THE PRESIDENT The National Security Council and the National Security Resources Board, together with their respective functions, records, property, personnel, and unexpended balances of appropriations, allocations, and other funds (available or to be made available), are hereby transferred to the Executive Office of the President. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 4 of 1949, prepared in accordance with the provisions of the Reorganization Act of 1949. The plan transfers the National Security Council and the National Security Resources Board to the Executive Office of the President. After investigation I have found, and I hereby declare, that each reorganization included in the plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. The growth of the executive branch and the increasingly complex nature of the problems with which it must deal have greatly intensified the necessity of strong and well-coordinated staff facilities to enable the President to meet his responsibilities for the effective administration of the executive branch of the Government. Ten years ago several of the staff agencies of the executive branch were brought together in the Executive Office of the President under the immediate direction of the President. The wisdom of this step has been demonstrated by greatly improved staff assistance to the President, which has contributed importantly to the management of the Government during the trying years of war and of postwar adjustment. Since the creation of the Executive Office of the President, however, the Congress has further recognized the need for more adequate central staff and created two new important staff agencies to assist the President - the National Security Council and the National Security Resources Board. The primary function of the first of these agencies, as defined by statute, is - to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security. The function of the second is - to advise the President concerning the coordination of military, industrial, and civilian mobilization. Within their respective fields these agencies assist the President in developing plans and policies which extend beyond the responsibility of any single department of the Government. In this they play a role similar in character to that of the various units of the Executive Office of the President. In fact, many of the problems with which they deal require close collaboration with the agencies of the Executive Office. Since the principal purpose of the National Security Council and the National Security Resources Board is to advise and assist the President and their work needs to be coordinated to the fullest degree with that of other staff arms of the President, such as the Bureau of the Budget and the Council of Economic Advisers, it is highly desirable that they be incorporated in the Executive Office of the President. The importance of this transfer was recognized by the Commission on Organization of the Executive Branch of the Government, which specifically recommended such a change as one of the essential steps in strengthening the staff facilities of the President and improving the over-all management of the executive branch. Because of the necessity of coordination with other staff agencies, the National Security Council and the National Security Resources Board are physically located with the Executive Office of the President and I have taken steps to assure close working relations between them and the agencies of the Executive Office. This plan, therefore, will bring their legal status into accord with existing administrative practice. It is not probable that the reorganizations included in the plan will immediately result in reduced expenditures. They will, however, provide a firm foundation for maintaining and furthering the efficient administrative relationships already established, and for assuring that we have provided permanent arrangements vitally necessary to the national security. Harry S. Truman. The White House, June 20, 1949. ------DocID 8957 Document 58 of 401------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 4 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 4 OF 1950 -MISC1- Reorganization Plan No. 4 of 1950, which proposed reorganizations in the Department of Agriculture, was submitted to Congress on Mar. 13, 1950, and was disapproved by the Senate on May 18, 1950. ------DocID 8986 Document 59 of 401------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 4 OF 1953 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 4 OF 1953 -MISC1- Reorg. Plan No. 4 of 1953, 18 F.R. 3577, 67 Stat. 636, which related to the Department of Justice, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. See sections 506 and 508 of Title 28, Judiciary and Judicial Procedure. ------DocID 9000 Document 60 of 401------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 4 OF 1961 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 4 OF 1961 -MISC1- EFF. JULY 9, 1961, 26 F.R. 6191, 75 STAT. 837 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 9, 1961, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). FEDERAL TRADE COMMISSION SECTION 1. AUTHORITY TO DELEGATE (a) In addition to its existing authority, the Federal Trade Commission, hereinafter referred to as the 'Commission', shall have the authority to delegate, by published order or rule, any of its functions to a division of the Commission, an individual Commissioner, a hearing examiner, or an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business, or matter: Provided, however, That nothing herein contained shall be deemed to supersede the provisions of section 7(a) of the Administrative Procedure Act (60 Stat. 241), as amended (see 5 U.S.C. 556). (b) With respect to the delegation of any of its functions, as provided in subsection (a) of this section, the Commission shall retain a discretionary right to review the action of any such division of the Commission, individual Commissioner, hearing examiner, employee or employee board, upon its own initiative or upon petition of a party to or an intervenor in such action, within such time and in such manner as the Commission shall by rule prescribe: Provided, however, That the vote of a majority of the Commission less one member thereof shall be sufficient to bring any such action before the Commission for review. (c) Should the right to exercise such discretionary review be declined, or should no such review be sought within the time stated in the rules promulgated by the Commission, then the action of any such division of the Commission, individual Commissioner, hearing examiner, employee or employee board, shall, for all purposes, including appeal or review thereof, be deemed to be the action of the Commission. SEC. 2. TRANSFER OF FUNCTIONS TO THE CHAIRMAN In addition to the functions transferred by the provisions of Reorganization Plan No. 8 of 1950 (64 Stat. 1264) there are hereby transferred from the Commission to the Chairman of the Commission the functions of the Commission with respect to the assignment of Commission personnel, including Commissioners, to perform such functions as may have been delegated by the Commission to Commission personnel, including Commissioners, pursuant to section 1 of this reorganization plan. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 4 of 1961, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization in the Federal Trade Commission. This Reorganization Plan No. 4 of 1961 follows upon my message of April 13, 1961, to the Congress of the United States. It is believed that the taking effect of the reorganizations included in this plan will provide for greater efficiency in the dispatch of the business of the Federal Trade Commission. The plan provides for greater flexibility in the handling of the business before the Commission, permitting its disposition at different levels so as better to promote its efficient dispatch. Thus matters both of an adjudicatory and regulatory nature may, depending upon their importance and their complexity, be finally consummated by divisions of the Commission, individual Commissioners, hearing examiners, and, subject to the provisions of section 7(a) of the Administrative Procedure Act (60 Stat. 241), by other employees. This will relieve the Commissioners from the necessity of dealing with many matters of lesser importance and thus conserve their time for the consideration of major matters of policy and planning. There is, however, reserved to the Commission as a whole the right to review any such decision, report or certification either upon its own initiative or upon the petition of a party or intervenor demonstrating to the satisfaction of the Commission the desirability of having the matter reviewed at the top level. Provision is also made, in order to maintain the fundamental bipartisan concept explicit in the basic statute creating the Commission, for mandatory review of any such decision, report or certification upon the vote of a majority of the Commission less one member. Inasmuch as the assignment of delegated functions in particular cases and with reference to particular problems to divisions of the Commission, to Commissioners, to hearing examiners, to employees and boards of employees must require continuous and flexible handling, depending both upon the amount and nature of the business, that function is placed in the Chairman by section 2 of the plan. By providing sound organizational arrangements, the taking effect of the reorganizations included in the accompanying reorganization plan will make possible more economical and expeditious administration of the affected functions. It is, however, impracticable to itemize at this time the reductions of expenditures which it is probable will be brought about by such taking effect. After investigation, I have found and hereby declare that each reorganization included in the reorganization plan transmitted herewith is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I recommend that the Congress allow the reorganization plan to become effective. John F. Kennedy. The White House, May 9, 1961. ------DocID 9010 Document 61 of 401------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 4 OF 1965 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 4 OF 1965 -MISC1- EFF. JULY 27, 1965, 30 F.R. 9353, 79 STAT. 1321, AS AMENDED PUB. L. 90-83, SEC. 10(C), SEPT. 11, 1967, 81 STAT. 224 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 27, 1965, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). ABOLITION OF CERTAIN COMMITTEES, COUNCILS, AND BOARDS PART I SECTION 1. TRANSFER OF FUNCTIONS All functions of each of the following-named bodies, together with all functions of the Chairman and of other officers of each thereof, are hereby transferred to the President of the United States: (a) The National Housing Council, provided for in section 6 of Reorganization Plan No. 3 of 1947 (61 Stat. 955) as affected by (i) section 502(a) of the Housing Act of 1948 (62 Stat. 1283; 12 U.S.C. 1701c), (ii) section 603 of the Housing Act of 1949 (63 Stat. 440; 12 U.S.C. 1701i) and by (iii) section 615 of the Defense Housing and Community Facilities and Services Act of 1951 (65 Stat. 317; 12 U.S.C. 1701i-1). (b) The National Advisory Council on International Monetary and Financial Problems, provided for in section 4 of the Bretton Woods Agreements Act, 59 Stat. 512, as amended (22 U.S.C. 286b). (c) The Board of the Foreign Service, provided for in section 211 of the Foreign Service Act of 1946, 60 Stat. 1001 (22 U.S.C. 826) (see 22 U.S.C. 3930). (d) The Board of Examiners for the Foreign Service, provided for in section 212 of the Foreign Service Act of 1946 (22 U.S.C. 827) (see 22 U.S.C. 3931). (e) The Civilian-Military Liaison Committee, provided for in section 204 of the National Aeronautics and Space Act of 1958, 72 Stat. 431, as amended (42 U.S.C. 2474). SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS The President may from time to time make such provisions as he may deem appropriate authorizing the performance of the functions transferred by the provisions of section 1 of this reorganization plan by any other officers of the executive branch of the Government or by any agencies or employees of that branch. SEC. 3. ABOLITION OF BODIES (a) Each of the bodies referred to in paragraphs (a) to (e), inclusive, of section 1 of this reorganization plan is hereby abolished. (b) The President shall make or cause to be made such provisions as may be necessary with respect to the winding up of any outstanding affairs of the bodies abolished by the provisions of section 3 of this reorganization plan. PART II SECTION 11. TRANSFER OF FUNCTIONS (a) (Repealed. Pub. L. 90-83, Sec. 10(c), Sept. 11, 1967, 81 Stat. 224. Subsection transferred to the Chairman of the United States Civil Service Commission all functions of the Advisory Council on Group Insurance, provided for in section 12(a) of the Federal Employees' Group Life Insurance Act of 1954, 68 Stat. 742 (5 U.S.C. 2101(a)) (5 U.S.C. 8713(a)(1)-(3)). (b) There are hereby transferred to the Administrator of the Small Business Administration all functions of the Loan Policy Board of the Small Business Administration, provided for in section 4(d) of the Small Business Act, 72 Stat. 385 (15 U.S.C. 633(d)). (c) There are hereby transferred to the Secretary of the Interior all functions of the advisory board provided for in section 2(a) of the Act of August 20, 1937, 50 Stat. 732, as amended (16 U.S.C. 832a(a)), commonly referred to as the Bonneville Power Advisory Board. (d) There are hereby transferred to the Attorney General all functions of the Awards Board provided for in section 3 of the Atomic Weapons Rewards Act of 1955, 69 Stat. 365 (50 U.S.C. 47b). (e) The transfers made by subsections (a) to (d), inclusive, of this section shall be deemed to include all functions of the Chairman and of other officers of the respective transferor bodies referred to in those subsections. (Subsection repealed by Pub. L. 90-83, Sec. 10(c), Sept. 11, 1967, 81 Stat. 224, insofar as applicable to subsection (a) of this section.) SEC. 12. PERFORMANCE OF TRANSFERRED FUNCTIONS Each officer to whom functions are transferred by the provisions of section 11 of this reorganization plan may from time to time make such provisions as he may deem appropriate authorizing the performance of the functions so transferred to him by his subordinate officers, employees, or agencies. (Section repealed by Pub. L. 90-83, Sec. 10 (c), Sept. 11, 1967, 81 Stat. 224, insofar as applicable to section 11(a) of this Reorg. Plan.) SEC. 13. ABOLITIONS (a) Each of the bodies the functions of which are transferred by the provisions of section 11 of this reorganization plan is hereby abolished. Each officer to whom functions are transferred by those provisions shall make such provisions as may be necessary with respect to the winding up of any outstanding affairs of the body or bodies the functions of which are so transferred to him. (b) The functions vested in the Secretary of Health, Education, and Welfare by the provisions of section 7(b) of the Juvenile Delinquency and Youth Offenses Control Act of 1961, 75 Stat. 574 (42 U.S.C. (former) 2546(b), are hereby abolished. (Section repealed by Pub. L. 90-83, Sec. 10(c), Sept. 11, 1967, 81 Stat. 224, insofar as applicable to section 11(a) of this Reorg. Plan.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 4 of 1965, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganizations of various committees and other similar bodies. The strength and vitality of our democracy depends in major part upon the Federal Government's adaptability, on its capacity for fast flexible response to changing needs imposed by changing circumstances. If we are to maintain this capacity, we must have a government that is streamlined and capable of quickly adjusting and readjusting its organization and operating procedures to take up and surmount new challenges. As government grows more complex and programs increasingly cut across traditional agency lines, we must exercise special care to prevent the continuance of obsolete interagency committees and other coordinating devices which waste time and delay action and the undue proliferation of new committees. Interagency committees are a valuable and often indispensable means for facilitating coordination, but we should be sure that a committee is the most efficient way to accomplish a given task and that it is structured to meet current needs effectively. At my direction, guidelines for the management of interagency committees have been established. I have recently asked the heads of departments and agencies to give their personal attention to a complete review of all the interagency committees in which their agencies participate to determine which ones might be eliminated, consolidated or otherwise reorganized. We will take appropriate action to obtain essential improvements in the organization and use of those committees which have been established by the executive branch. The reorganizations accomplished by the reorganization plan transmitted herewith will enable us to take similar action with respect to a number of committees which have been established by statute. In many instances the statutory provisions creating these committees are very specific as to membership and describe in detail the functions to be performed. These provisions are rarely sufficiently flexible to permit the membership or role of the committees to be accommodated to changing circumstances or to permit their termination when they have outlived their usefulness. The accompanying reorganization plan will abolish nine statutory committees. In each case the responsibility for providing suitable arrangements to assure effective consultation and coordination is placed in a specific official. Wherever the continuing need for and usefulness of a committee has been demonstrated, I would anticipate the establishment of a successor committee along he general lines of the body now provided by law. Certainly prompt action will be taken to create successor committees to such bodies as the Board of Foreign Service and the National Advisory Council on International Monetary and Financial Problems. But we will have the flexibility promptly to make such changes in functions and membership as might be required to eliminate overlapping and duplication and to adjust to the development of new programs and shifts in executive branch responsibilities. A number of the committees affected by the reorganization plan are advisory to the President or have functions which are closely related to responsibilities already vested in the President. The functions of those committees will be transferred to the President by the reorganization plan. The functions of the others will be transferred to the appropriate individual agency heads. The management and control of interagency committees have been a matter of growing concern to both the executive branch and the Congress. The taking effect of the reorganization plan will contribute significantly to better management of interagency committees and will assist efforts to simplify and modernize coordinating arrangements within the executive branch. Executive Order No. 10940 of May 11, 1961, provides for the President's Committee on Juvenile Delinquency and Youth Crime. The Secretary of Health, Education, and Welfare is required to consult with that committee on matters of general policy and procedure arising in the administration of the Juvenile Delinquency and Youth Offenses Control Act of 1961 and to consider certain recommendations of that committee (42 U.S.C. 2546(b)). To require the Secretary by law to consult with a committee established by Executive order is clearly anomalous. The plan abolishes the relevant functions of the Secretary with respect to consulting and considering the recommendations of the President's Committee. The reorganization plan does not otherwise affect the Committee; it has no effect upon Executive Order No. 10940. The statutory authority for the exercise of the functions to be abolished by section 13(b) of the reorganization plan is contained in section 7(b) of the Juvenile Delinquency and Youth Offenses Control Act of 1961 (75 Stat. 574). After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 4 of 1965 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. Although the reorganizations provided for in the reorganization plan will not of themselves result in immediate savings, the improvement achieved in administration will in the future allow the performance of the affected functions at lower costs and in a more timely manner than at present. It is, however, impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the reorganization plan. I recommend that the Congress allow the accompanying reorganization plan to become effective. Lyndon B. Johnson. The White House, May 27, 1965. ------DocID 9015 Document 62 of 401------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 4 OF 1966 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 4 OF 1966 -MISC1- EFF. AUG. 23, 1966, 31 F.R. 11137, 80 STAT. 1611 Prepared by the President and Transmitted to the Senate and the House of Representatives in Congress Assembled, June 13, 1966, Pursuant to the Provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). NATIONAL ZOOLOGICAL PARK BUILDINGS AND BRIDGES All those functions of the Board of Commissioners of the District of Columbia which were vested in the municipal architect of the District of Columbia by the provisions of the Act of August 24, 1912, c. 355, 37 Stat. 437 (20 U.S.C. 84; D.C. Code (former) Sec. 8-134), in respect of buildings of the National Zoological Park, and all functions of that Board which were vested in the engineer of bridges of the District of Columbia by those provisions in respect of bridges of the National Zoological Park, are hereby transferred to the Smithsonian Institution. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 4 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for a reorganization relating to the National Zoological Park located in the District of Columbia. Today, all responsibilities for the administration of the park are vested in the Smithsonian Institution with one exception - the function of preparing plans and specifications for the construction of buildings and bridges at the zoo. That statutory responsibility is now conducted by the Board of Commissioners of the District of Columbia. Under the accompanying reorganization plan, the responsibility for the preparation of these plans and specifications would be transferred from the District of Columbia Board of Commissioners to the Smithsonian. The complete administration of the park would then be vested in one agency - the Smithsonian Institution. This will allow the more efficient and effective development and management of the park. In 1912, the functions to be transferred were vested in the Municipal Architect of the District of Columbia and in the Engineers of the Bridges of the District of Columbia. In 1952, they were transferred to the Board of Commissioners. When the 1912 act was passed, the District of Columbia shared the costs of capital improvements in the National Zoological Park. In 1961, it ceased sharing these costs, and the Federal Government assumed, complete responsibility for financing the improvements. Accordingly, the District government retains no capital improvement responsibilities for the National Zoological Park except those functions relating to construction plans and specifications for buildings and bridges, as specified in the 1912 statutes. Upon the transfer of these remaining functions to the Smithsonian Institution, the administration of the National Zoological Park will, at last, be fully centered in one agency. It is not practicable at this time, however, to itemize the resulting reduction in expenditures. I have found, after investigation, that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I recommend that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, June 13, 1966. ------DocID 9023 Document 63 of 401------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 4 OF 1968 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 4 OF 1968 -MISC1- EFF. MAY 23, 1968, 33 F.R. 7749, 82 STAT. 1371 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1968, pursuant to the provisions of chapter 9 of title 5 of the United States Code. DISTRICT OF COLUMBIA REDEVELOPMENT LAND AGENCY SECTION 1. APPOINTMENTS (a) The functions of the President of the United States with respect to appointing certain members of the Board of Directors of the District of Columbia Redevelopment Land Agency (D.C. Code, sec. 5-703) (D.C. Code 5-803) are hereby transferred to the Commissioner of the District of Columbia. (b) Nothing in this reorganization plan shall be deemed to terminate the tenure of any member of the Board of Directors of the District of Columbia Redevelopment Land Agency now in office. SEC. 2. RELATIONSHIP OF BOARD OF DIRECTORS AND COMMISSIONER (a) There are transferred from the Board of Directors of the District of Columbia Redevelopment Land Agency to the Commissioner of the District of Columbia the functions of adopting, prescribing, amending and repealing bylaws, rules, and regulations for the exercise of the powers of the Board under D.C. Code, secs. 5-701 to 5-719 (D.C. Code 5-801 to 5-820) or governing the manner in which its business may be conducted (D.C. Code, sec. 5-703(b)) (D.C. Code 5-803(b)). (b) Any part of the functions transferred by this section may be delegated by the Commissioner to the Board. SEC. 3. REFERENCES TO DISTRICT OF COLUMBIA CODE References in this reorganization plan to any provision of the District of Columbia Code are references to the provisions of statutory law codified under that provision and include the said provision as amended, modified, or supplemented prior to the effective date of this reorganization plan. MESSAGE OF THE PRESIDENT To the Congress of the United States: Urban Renewal is a vital weapon in the Nation's attack on urban blight and physical decay. In the firm hands of a local executive determined to improve the face of his city, it is a powerful tool of reform. In the District of Columbia, urban renewal is managed by a Federal Agency, the D.C. Redevelopment Land Agency, headed by an independent five-man Board of Directors. Although the District Government pays the entire local share of the costs of urban renewal and although the Commissioner of the District of Columbia appoints three of the five members of the RLA Board, the Agency need not follow the Commissioner's leadership or administrative direction. To strengthen the D.C. Commissioner's authority to initiate and guide the administration of urban renewal, I am today transmitting to the Congress Reorganization Plan No. 4 of 1968. This plan: - gives the D.C. Commissioner the authority to appoint all five members of the RLA Board, by transferring to him the appointment function now vested in the President; - transfers to him the authority to prescribe the rules and regulations governing the conduct of business by RLA. This function is now vested in the Board of Directors. Urban Renewal involves slum clearance, demolition, the relocation of families, the provision of new housing, the stimulation of rehabilitation and new employment. Throughout the Nation, it is clear that authority and leadership by the local chief executive is essential to weld together the full range of municipal functions and community service programs to change conditions in city slums. In our Capital City the hopes for a balanced New Town and new housing development on the Fort Lincoln site in Northeast Washington, the rebuilding of the Shaw neighborhood, and a successful Model Cities program hinge on the leadership of the D.C. Commissioner. Members of the Congress have repeatedly stressed the need to establish the Commissioner's effective control of all functions essential to local redevelopment. The attached plan takes a major step toward that objective. The Plan does not alter the corporate status of the Redevelopment Land Agency or any of the authorities now vested by law in the Agency. The accompanying reorganization plan has been prepared in accordance with chapter 9 of title 5 of the United State Code. I have found, after investigation, that each reorganization included in the plan is necessary to accomplish one or more of the purposes set forth in section 901(a) of title 5 of the United States Code. There are no direct savings deriving from this plan. However, it will improve the management of programs aimed at reviving the deteriorated social, economic, and physical structure of this city, our National Capital. The benefits and savings from a more successful attack on these problems cannot be estimated in advance, but their reality cannot be denied. To achieve our goal of a model Capital, I therefore urge the Congress to permit this reorganization plan to take effect. Lyndon B. Johnson. The White House, March 13, 1968. ------DocID 9028 Document 64 of 401------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 4 OF 1970 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 4 OF 1970 -MISC1- EFF. OCT. 3, 1970, 35 F.R. 15627, 84 STAT. 2090, AS AMENDED PUB. L. 94-461, SEC. 4(C)(1), OCT. 8, 1976, 90 STAT. 1969; PUB. L. 95-219, SEC. 3(A)(1), DEC. 28, 1977, 91 STAT. 1613; PUB. L. 98-498, TITLE III, SEC. 320(C)(3), OCT. 19, 1984, 98 STAT. 2309; PUB. L. 99-659, TITLE IV, SEC. 407(D), NOV. 14, 1986, 100 STAT. 3739 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, July 9, 1970, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SECTION 1. TRANSFERS TO SECRETARY OF COMMERCE The following are hereby transferred to the Secretary of Commerce: (a) All functions vested by law in the Bureau of Commercial Fisheries of the Department of the Interior or in its head, together with all functions vested by law in the Secretary of the Interior or the Department of the Interior which are administered through that Bureau or are primarily related to the Bureau, exclusive of functions with respect to (1) Great Lakes fishery research and activities related to the Great Lakes Fisheries Commission, (2) Missouri River Reservoir research, (3) the Gulf Breeze Biological Laboratory of the said Bureau at Gulf Breeze, Florida, and (4) Trans-Alaska pipeline investigations. (b) The functions vested in the Secretary of the Interior by the Act of September 22, 1959 (Public Law 86-359, 73 Stat. 642, 16 U.S.C. 760e-760g; relating to migratory marine species of game fish). (c) The functions vested by law in the Secretary of the Interior, or in the Department of the Interior or in any officer or instrumentality of that Department, which are administered through the Marine Minerals Technology Center of the Bureau of Mines. (d) All functions vested in the National Science Foundation by the National Sea Grant College and Program Act of 1966 (80 Stat. 998), as amended (33 U.S.C. 1121 et seq.). (e) Those functions vested in the Secretary of Defense or in any officer, employee, or organizational entity of the Department of Defense by the provision of Public Law 91-144, 83 Stat. 326, under the heading 'Operation and maintenance, general' with respect to 'surveys and charting of northern and northwestern lakes and connecting waters,' or by other law, which come under the mission assigned as of July 1, 1969, to the United States Army Engineer District, Lake Survey, Corps of Engineers, Department of the Army and relate to (1) the conduct of hydrographic surveys of the Great Lakes and their outflow rivers, Lake Champlain, New York State Barge Canals, and the Minnesota-Ontario border lakes, and the compilation and publication of navigation charts, including recreational aspects, and the Great Lakes Pilot for the benefit and use of the public, (2) the conception, planning, and conduct of basic research and development in the fields of water motion, water characteristics, water quantity, and ice and snow, and (3) the publication of data and the results of research projects in forms useful to the Corps of Engineers and the public, and the operation of a Regional Data Center for the collection, coordination, analysis, and the furnishing to interested agencies of data relating to water resources of the Great Lakes. (f) So much of the functions of the transferor officers and agencies referred to in or affected by the foregoing provisions of this section as is incidental to or necessary for the performance by or under the Secretary of Commerce of the functions transferred by those provisions or relates primarily to those functions. The transfers to the Secretary of Commerce made by this section shall be deemed to include the transfer of authority, provided by law, to prescribe regulations relating primarily to the transferred functions. SEC. 2. ESTABLISHMENT OF ADMINISTRATION (a) There is hereby established in the Department of Commerce an agency which shall be known as the National Oceanic and Atmospheric Administration, hereinafter referred to as the 'Administration.' (b) There shall be at the head of the Administration the Administrator of the National Oceanic and Atmospheric Administration, hereinafter referred to as the 'Administrator.' The Administrator shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314). (c) There shall be in the Administration a Deputy Administrator of the National Oceanic and Atmospheric Administration who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter provided for Level IV of the Executive Schedule Pay Rates (5 U.S.C. 5315). The Deputy Administrator shall perform such functions as the Administrator shall from time to time assign or delegate, and shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. (d) There shall be in the Administration a Chief Scientist of the National Oceanic and Atmospheric Administration who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter provided for Level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). The Chief Scientist shall be the principal scientific adviser to the Administrator, and shall perform such other duties as the Administrator may direct. The Chief Scientist shall be an individual who is, by reason of scientific education and experience, knowledgeable in the principles of oceanic, atmospheric, or other scientific disciplines important to the work of the Administration. (As amended Pub. L. 94-461, Sec. 4(c)(1), Oct. 8, 1976, 90 Stat. 1969; Pub. L. 99-659, title IV, Sec. 407(d), Nov. 14, 1986, 100 Stat. 3739.) (e)(1) There shall be in the Administration a General Counsel and five Assistant Administrators, one of whom shall be the Assistant Administrator for Coastal Zone Management and one of whom shall be the Assistant Administrator for Fisheries. The General Counsel and each Assistant Administrator shall be appointed by the Secretary, subject to approval of the President, and shall be compensated at a rate now or hereafter provided for level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). (2) The General Counsel shall serve as the chief legal officer for all legal matters which may arise in connection with the conduct of the functions of the Administration. (3) The Assistant Administrator for Coastal Zone Management shall be an individual who is, by reason of background and experience, especially qualified to direct the implementation and administration of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). (4) The Assistant Administrator for Fisheries shall be responsible for all matters related to living marine resources which may arise in connection with the conduct of the functions of the Administration. (As amended Pub. L. 95-219, Sec. 3(a)(1), Dec. 28, 1977, 91 Stat. 1613.) (f) The President may appoint in the Administration, by and with the advice and consent of the Senate, two commissioned officers to serve at any one time as the designated heads of two principal constituent organizational entities of the Administration, or the President may designate one such officer as the head of such an organizational entity and the other as head of the commissioned corps of the Administration. Any such designation shall create a vacancy on the active list and the officer while serving under this subsection shall have the rank, pay, and allowances of a rear admiral (upper half). (g) Any commissioned officer of the Administration who has served under (d) or (f) and is retired while so serving or is retired after the completion of such service while serving in a lower rank or grade, shall be retired with the rank, pay, and allowances authorized by law for the highest grade and rank held by him; but any such officer, upon termination of his appointment in a rank above that of captain, shall, unless appointed or assigned to some other position for which a higher rank or grade is provided, revert to the grade and number he would have occupied had he not served in a rank above that of captain and such officer shall be an extra number in that grade. SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS The provisions of sections 2 and 4 of Reorganization Plan No. 5 of 1950 (64 Stat. 1263) shall be applicable to the functions transferred hereunder to the Secretary of Commerce. SEC. 4. INCIDENTAL TRANSFERS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions transferred to the Secretary of Commerce by this reorganization plan as the Director of the Office of Management and Budget shall determine shall be transferred to the Department of Commerce at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Office of Management and Budget shall deem to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. (c) The personnel, property, records, and unexpended balances of appropriations, allocations, and other funds of the Environmental Science Services Administration shall become personnel, property, records, and unexpended balances of the National Oceanic and Atmospheric Administration or of such other organizational entity or entities of the Department of Commerce as the Secretary of Commerce shall determine. (d) The Commissioned Officer Corps of the Environmental Science Services Administration shall become the Commissioned Officer Corps of the National Oceanic and Atmospheric Administration. Members of the Corps, including those appointed hereafter, shall be entitled to all rights, privileges, and benefits heretofore available under any law to commissioned officers of the Environmental Science Services Administration, including those rights, privileges, and benefits heretofore accorded by law to commissioned officers of the former Coast and Geodetic Survey. (e) Any personnel, property, records, and unexpended balances of appropriations, allocations, and other funds of the Bureau of Commercial Fisheries not otherwise transferred shall become personnel, property, records, and unexpended balances of such organizational entity or entities of the Department of the Interior as the Secretary of the Interior shall determine. SEC. 5. INTERIM OFFICERS (a) The President may authorize any person who immediately prior to the effective date of this reorganization plan held a position in the executive branch of the Government to act as Administrator until the office of Administrator is for the first time filled pursuant to provisions of this reorganization plan or by recess appointment, as the case may be. (b) The President may similarly authorize any such person to act as Deputy Administrator and authorize any such person to act as Associate Administrator. (c) The President may similarly authorize a member of the former Commissioned Officer Corps of the Environmental Science Services Administration to act as the head of one principal constituent organizational entity of the Administration. (d) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect of which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled. SEC. 6. ABOLITIONS (a) Subject to the provisions of this reorganization plan, the following, exclusive of any functions, are hereby abolished: (1) The Environmental Science Services Administration in the Department of Commerce (established by Reorganization Plan No. 2 of 1965, 79 Stat. 1318), including the offices of Administrator of the Environmental Science Administration and Deputy Administrator of the Environmental Science Services Administration. (2) The Bureau of Commercial Fisheries in the Department of the Interior (16 U.S.C. 742b), including the office of Director of the Bureau of Commercial Fisheries. (b) Such provisions as may be necessary with respect to terminating any outstanding affairs shall be made by the Secretary of Commerce in the case of the Environmental Science Services Administration and by the Secretary of the Interior in the case of the Bureau of Commercial Fisheries. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 4 of 1970, prepared in accordance with chapter 9 of title 5 of the United States Code. The plan would transfer to the Secretary of Commerce various functions relating to the oceans and atmosphere, including commercial fishery functions, and would establish a National Oceanic and Atmospheric Administration in the Department of Commerce. My reasons for transmitting this plan are stated in a more extended accompanying message. After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 4 of 1970 is necessary to accomplish one or more of the purposes set forth in section 901(a) of title 5 of the United States Code. In particular, the plan is responsive to section 901(a)(1), 'to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and functions, and the expeditious administration of the public business;' and section 901(a)(3) 'to increase the efficiency of the operations of the Government to the fullest extent practicable.' The reorganizations provided for in the plan make necessary the appointment and compensation of new officers as specified in section 2 of the plan. The rates of compensation fixed for these officers are comparable to those fixed for other officers in the executive branch who have similar responsibilities. The reorganization plan should result in the more efficient operation of the Government. It is not practical, however, to itemize or aggregate the exact expenditure reductions which will result from this action. Richard Nixon. The White House, July 9, 1970. ------DocID 9037 Document 65 of 401------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 4 OF 1978 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 4 OF 1978 -MISC1- 43 F.R. 47713, 92 STAT. 3790, AS AMENDED PUB. L. 99-514, SEC. 2, OCT. 22, 1986, 100 STAT. 2095 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, August 10, 1978, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. (FOOTNOTE 1) (FOOTNOTE 1) As amended Sept. 20, 1978. EMPLOYEE RETIREMENT INCOME SECURITY ACT TRANSFERS SECTION 101. TRANSFER TO THE SECRETARY OF THE TREASURY Except as otherwise provided in Sections 104 and 106 of this Plan, all authority of the Secretary of Labor to issue the following described documents pursuant to the statutes hereinafter specified is hereby transferred to the Secretary of the Treasury: (a) regulations, rulings, opinions, variances and waivers under Parts 2 (29 U.S.C. 1051 et seq.) and 3 (29 U.S.C. 1081 et seq.) of Subtitle B of Title I and subsection 1012(c) (set out as a note under 26 U.S.C. 411) of Title II of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) (hereinafter referred to as 'ERISA'), EXCEPT for sections and subsections 201, 203(a)(3)(B), 209, and 301(a) of ERISA (29 U.S.C. 1051, 1053(a)(3)(B), 1059, and 1081(a)); (b) such regulations, rulings, and opinions which are granted to the Secretary of Labor under Sections 404, 410, 411, 412, and 413 of the Internal Revenue Code of 1986, as amended (26 U.S.C. 404, 410, 411, 412, and 413), (hereinafter referred to as the 'Code'). EXCEPT for subsection 411(a)(3)(B) of the Code (section 411(a)(3)(B) of Title 26) and the definitions of 'collectively bargained plan' and 'collective bargaining agreement' contained in subsections 404 (a)(1)(B) and (a)(1)(C), 410(b)(2)(A) and (b)(2)(B), and 413(a)(1) of the Code (26 U.S.C. 404(a)(1)(B) and (a)(1)(C), 410(b)(2)(A) and (b)(2)(B), and 413(a)(1)); and (c) regulations, rulings, and opinions under subsections 3(19), 3(22), 3(23), 3(24), 3(25), 3(27), 3(28), 3(29), 3(30), and 3(31) of Subtitle A of Title I of ERISA (29 U.S.C. 1002(19), (22), (23), (24), (25), (27), (28), (29), (30), and (31)). (As amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) SEC. 102. TRANSFERS TO THE SECRETARY OF LABOR Except as otherwise provided in Section 105 of this Plan, all authority of the Secretary of the Treasury to issue the following described documents pursuant to the statutes hereinafter specified is hereby transferred to the Secretary of Labor: (a) regulations, rulings, opinions, and exemptions under section 4975 of the Code (26 U.S.C. 4975), EXCEPT for (i) subsections 4975(a), (b), (c)(3), (d)(3), (e)(1), and (e)(7) of the Code (26 U.S.C. 4975(a), (b), (c)(3), (d)(3), (e)(1), and (e)(7)); (ii) to the extent necessary for the continued enforcement of subsections 4975(a) and (b) (26 U.S.C. 4975(a) and (b)) by the Secretary of the Treasury, subsections 4975(f)(1), (f)(2), (f)(4), (f)(5) and (f)(6) of the Code (26 U.S.C. 4975(f)(1), (f)(2), (f)(4), (f)(5) and (f)(6)); and (iii) exemptions with respect to transactions that are exempted by subsection 404(c) of ERISA (29 U.S.C. 1104(c)) from the provisions of Part 4 of Subtitle B of Title I of ERISA (29 U.S.C. 1101 et seq.); and (b) regulations, rulings, and opinions under subsection 2003(c) of ERISA (set out as a note under 26 U.S.C. 4975), EXCEPT for subsection 2003(c)(1)(B) (set out in the note under 26 U.S.C. 4975). SEC. 103. COORDINATION CONCERNING CERTAIN FIDUCIARY ACTIONS In the case of fiduciary actions which are subject to Part 4 of Subtitle B of Title I of ERISA (29 U.S.C. 1101 et seq.) the Secretary of the Treasury shall notify the Secretary of Labor prior to the time of commencing any proceeding to determine whether the action violates the exclusive benefit rule of subsection 401(a) of the Code (26 U.S.C. 401(a)), but not later than prior to issuing a preliminary notice of intent to disqualify under that rule, and the Secretary of the Treasury shall not issue a determination that a plan or trust does not satisfy the requirements of subsection 401(a) by reason of the exclusive benefit rule of subsection 401(a), unless within 90 days after the date on which the Secretary of the Treasury notifies the Secretary of Labor of pending action, the Secretary of Labor certifies that he has no objection to the disqualification or the Secretary of Labor fails to respond to the Secretary of the Treasury. The requirements of this paragraph do not apply in the case of any termination or jeopardy assessment under sections 6851 or 6861 of the Code (26 U.S.C. 6851 or 6861) that has been approved in advance by the Commissioner of Internal Revenue, or, as delegated, the Assistant Commissioner for Employee Plans and Exempt Organizations. SEC. 104. ENFORCEMENT BY THE SECRETARY OF LABOR The transfers provided for in Section 101 of this Plan shall not affect the ability of the Secretary of Labor, subject to the provisions of Title III of ERISA (29 U.S.C. 1201 et seq.) relating to jurisdiction, administration, and enforcement, to engage in enforcement under Section 502 of ERISA (29 U.S.C. 1132) or to exercise the authority set forth under Title III of ERISA (29 U.S.C. 1201 et seq.), including the ability to make interpretations necessary to engage in such enforcement or to exercise such authority. However, in bringing such actions and in exercising such authority with respect to Parts 2 (29 U.S.C. 1051 et seq.) and 3 (29 U.S.C. 1081 et seq.) of Subtitle B of Title I of ERISA and any definitions for which the authority of the Secretary of Labor is transferred to the Secretary of the Treasury as provided in Section 101 of this Plan, the Secretary of Labor shall be bound by the regulations, rulings, opinions, variances, and waivers issued by the Secretary of the Treasury. SEC. 105. ENFORCEMENT BY THE SECRETARY OF THE TREASURY The transfers provided for in Section 102 of this Plan shall not affect the ability of the Secretary of the Treasury, subject to the provisions of Title III of ERISA (29 U.S.C. 1201 et seq.) relating to jurisdiction, administration, and enforcement, (a) to audit plans and employers and to enforce the excise tax provisions of subsections 4975(a) and 4975(b) of the Code (26 U.S.C. 4975(a) and (b)), to exercise the authority set forth in subsections 502(b)(1) and 502(h) of ERISA (29 U.S.C. 1132(b)(1) and (h)), or to exercise the authority set forth in Title III of ERISA (29 U.S.C. 1201 et seq.), including the ability to make interpretations necessary to audit, to enforce such taxes, and to exercise such authority; and (b) consistent with the coordination requirements under Section 103 of this Plan, to disqualify, under section 401 of the Code (26 U.S.C. 401), a plan subject to Part 4 of Subtitle B of Title I of ERISA (29 U.S.C. 1101 et seq.), including the ability to make the interpretations necessary to make such disqualification. However, in enforcing such excise taxes and, to the extent applicable, in disqualifying such plans the Secretary of the Treasury shall be bound by the regulations, rulings, opinions, and exemptions issued by the Secretary of Labor pursuant to the authority transferred to the Secretary of Labor as provided in Section 102 of this Plan. SEC. 106. COORDINATION FOR SECTION 101 TRANSFERS (a) The Secretary of the Treasury shall not exercise the functions transferred pursuant to Section 101 of this Plan to issue in proposed or final form any of the documents described in subsection (b) of this Section in any case in which such documents would significantly impact on or substantially affect collectively bargained plans unless, within 100 calendar days after the Secretary of the Treasury notifies the Secretary of Labor of such proposed action, the Secretary of Labor certifies that he has no objection or he fails to respond to the Secretary of the Treasury. The fact of such a notification, except for such notification for documents described in subsection (b)(iv) of this Section, from the Secretary of the Treasury to the Secretary of Labor shall be announced by the Secretary of Labor to the public within ten days following the date of receipt of the notification by the Secretary of Labor. (b) The documents to which this Section applies are: (i) amendments to regulations issued pursuant to subsections 202(a)(3), 203(b)(2) and (3)(A), 204(b)(3)(A), (C), and (E), and 210(a)(2) of ERISA (29 U.S.C. 1052(a)(3), 1053(b)(2) and (3)(A), 1054(b)(3)(A), (C), and (E), and 1060(a)(2)), and subsections 410(a)(3) and 411(a)(5), (6)(A), and (b)(3)(A), (C), and (E), 413(b)(4) and (c)(3) and 414(f) of the Code (26 U.S.C. 410(a)(3) and 411(a)(5), (6)(A), and (b)(3)(A), (C), and (E), 413(b)(4) and (c)(3) and 414(f)); (ii) regulations issued pursuant to subsections 204(b)(3)(D), 302(c)(8), and 304(a) and (b)(2)(A) of ERISA (29 U.S.C. 1054(b)(3)(D), 1082(c)(8), and 1084(a) and (b)(2)(A)), and subsections 411(b)(3)(D), 412(c)(8), (e), and (f)(2)(A) of the Code (26 U.S.C. 411(b)(3)(D), 412(c)(8), (e), and (f)(2)(A)); and (iii) revenue rulings (within the meaning of 26 CFR Section 601.201(a)(6)), revenue procedures, and similar publications, if the rulings, procedures and publications are issued under one of the statutory provisions listed in (i) and (ii) of this subsection; and (iv) rulings (within the meaning of 26 CFR Section 601.201(a)(2)) issued prior to the issuance of a published regulation under one of the statutory provisions listed in (i) and (ii) of this subsection and not issued under a published Revenue Ruling. (c) For those documents described in subsections (b)(i), (b)(ii) and (b)(iii) of this Section, the Secretary of Labor may request the Secretary of the Treasury to initiate the actions described in this Section 106 of this Plan. SEC. 107. EVALUATION On or before January 31, 1980, the President will submit to both Houses of the Congress an evaluation of the extent to which this Reorganization Plan has alleviated the problems associated with the present administrative structure under ERISA, accompanied by specific legislative recommendations for a long-term administrative structure under ERISA. SEC. 108. INCIDENTAL TRANSFERS So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate agency, or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of any agencies abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan. SEC. 109. EFFECTIVE DATE The provisions of this Reorganization Plan shall become effective at such time or times, on or before April 30, 1979, as the President shall specify, but not sooner than the earliest time allowable under Section 906 of Title 5, United States Code. (Pursuant to Ex. Ord. No. 12108, Dec. 28, 1978, 44 F.R. 1065, this Reorg. Plan is effective Dec. 31, 1978.) MESSAGE OF THE PRESIDENT To the Congress of the United States: Today I am submitting to the Congress my fourth Reorganization Plan for 1978. This proposal is designed to simplify and improve the unnecessarily complex administrative requirements of the Employee Retirement Income Security Act of 1974 (ERISA) (see Short Title note set out under 29 U.S.C. 1001). The new plan will eliminate overlap and duplication in the administration of ERISA and help us achieve our goal of well regulated private pension plans. ERISA was an essential step in the protection of worker pension rights. Its administrative provisions, however, have resulted in bureaucratic confusion and have been justifiably criticized by employers and unions alike. The biggest problem has been overlapping jurisdictional authority. Under current ERISA provisions, the Departments of Treasury and Labor both have authority to issue regulations and decisions. This dual jurisdiction has delayed a good many important rulings and, more importantly, produced bureaucratic runarounds and burdensome reporting requirements. The new plan will significantly reduce these problems. In addition, both Departments are trying to cut red tape and paperwork, to eliminate unnecessary reporting requirements, and to streamline forms wherever possible. Both Departments have already made considerable progress, and both will continue the effort to simplify their rules and their forms. The Reorganization Plan is the most significant result of their joint effort to modify and simplify ERISA. It will eliminate most of the jurisdictional overlap between Treasury and Labor by making the following changes: 1) Treasury will have statutory authority for minimum standards. The new plan puts all responsibility for funding, participation, and vesting of benefit rights in the Department of Treasury. These standards are necessary to ensure that employee benefit plans are adequately funded and that all beneficiary rights are protected. Treasury is the most appropriate Department to administer these provisions; however, Labor will continue to have veto power over Treasury decisions that significantly affect collectively bargained plans. 2) Labor will have statutory authority for fiduciary obligations. ERISA prohibits transactions in which self-interest or conflict of interest could occur, but allows certain exemptions from these prohibitions. Labor will be responsible for overseeing fiduciary conduct under these provisions. 3) Both Departments will retain enforcement powers. The Reorganization Plan will continue Treasury's authority to audit plans and levy tax penalties for any deviation from standards. The plan will also continue Labor's authority to bring civil action against plans and fiduciaries. These provisions are retained in order to keep the special expertise of each Department available. New coordination between the Departments will eliminate duplicative investigations of alleged violations. This reorganization will make an immediate improvement in ERISA's administration. It will eliminate almost all of the dual and overlapping authority in the two departments and dramatically cut the time required to process applications for exemptions from prohibited transactions. This plan is an interim arrangement. After the Departments have had a chance to administer ERISA under this new plan, the Office of Management and Budget and the Departments will jointly evaluate that experience. Based on that evaluation, early in 1980, the Administration will make appropriate legislative proposals to establish a long-term administrative structure for ERISA. Each provision in this reorganization will accomplish one or more of the purposes in Title 5 of U.S.C. 901(a). There will be no change in expenditure or personnel levels, although a small number of people will be transferred from the Department of Treasury to the Department of Labor. We all recognize that the administration of ERISA has been unduly burdensome. I am confident that this reorganization will significantly relieve much of that burden. This plan is the culmination of our effort to streamline ERISA. It provides an administrative arrangement that will work. ERISA has been a symbol of unnecessarily complex government regulation. I hope this new step will become equally symbolic of my Administration's commitment to making government more effective and less intrusive in the lives of our people. Jimmy Carter. The White House, August 10, 1978. ------DocID 9053 Document 66 of 401------ -CITE- 7 USC Sec. 4 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 4. Liability of principal for act of agent -STATUTE- For the purpose of this chapter the act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, corporation, or trust within the scope of his employment or office shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust, as well as of such official, agent, or other person. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 2(a)(1)(A), formerly Sec. 2(a), 42 Stat. 998; redesignated Sec. 2(a)(1), Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 101(a)(1), 88 Stat. 1389; redesignated Sec. 2(a)(1)(A), Jan. 11, 1983, Pub. L. 97-444, title I, Sec. 101(a)(1), 96 Stat. 2294.) -COD- CODIFICATION Section consists of part of subsec. (a)(1)(A) of section 2 of the Commodity Exchange Act, act Sept. 21, 1922. The remainder of such subsec. (a)(1)(A) is classified to section 2 of this title. Subsec. (a)(1)(B) is classified to section 2a of this title. Subsecs. (a)(2) to (11) of section 2 of the Commodity Exchange Act are classified to section 4a of this title. Subsec. (b) of section 2 of the Commodity Exchange Act is classified to section 3 of this title. ------DocID 9168 Document 67 of 401------ -CITE- 7 USC CHAPTER 4 -EXPCITE- TITLE 7 CHAPTER 4 -HEAD- CHAPTER 4 - NAVAL STORES -MISC1- Sec. 91. Short title. 92. Definitions. 93. Establishment of official naval stores standards. 94. Supplying duplicates of standards; examination, etc., of naval stores and certification thereof. 95. Prohibition of acts deemed injurious to commerce in naval stores. 96. Punishment for violation of prohibition. 97. Purchase and analysis by Secretary of samples of spirits of turpentine to detect violations; reports to Department of Justice; publication of results of analysis, etc. 98. Fees and charges for naval stores inspection and related services; establishment; collection, etc.; authorization of appropriations; administrative expenses. 99. Separability. -TRANS- TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, eff. Mar. 12, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1. The Secretary and Department of Health, Education, and Welfare was redesignated the Secretary and Department of Health and Human Services by section 3508 of Title 20, Education. The Food and Drug Administration in the Department of Agriculture and its functions, except those functions relating to the administration of the Naval Stores Act, this chapter, were transferred to the Federal Security Agency by 1940 Reorg. Plan No. IV, Sec. 12, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 608c of this title. ------DocID 9214 Document 68 of 401------ -CITE- 7 USC Sec. 136w-4 -EXPCITE- TITLE 7 CHAPTER 6 SUBCHAPTER II -HEAD- Sec. 136w-4. Annual report -STATUTE- The Administrator shall submit an annual report to Congress before February 16 of each year and the first report shall be due February 15, 1979. The report shall include the total number of applications for conditional registration under sections 136a(c)(7)(B) and 136a(c)(7)(C) of this title that were filed during the immediately preceding fiscal year, and, with respect to those applications approved, the Administrator shall report the Administrator's findings in each case, the conditions imposed and any modification of such conditions in each case, and the quantities produced of such pesticides. -SOURCE- (June 25, 1947, ch. 125, Sec. 29, as added Sept. 30, 1978, Pub. L. 95-396, Sec. 24(2), 92 Stat. 838.) -MISC1- STUDIES; REPORTS AND RECOMMENDATIONS TO CONGRESSIONAL COMMITTEES Section 27 of Pub. L. 96-396 required the Administrator of the Environmental Protection Agency to report to the Senate Committee on Agriculture, Nutrition, and Forestry and to the House Committee on Agriculture not later than 9 months after Sept. 30, 1978 in respect to fee collection from pesticide registrants, not later than 6 months after Sept. 30, 1978 in respect to pesticide uses, and not later than 9 months after Sept. 30, 1978 in respect to problems of minor uses of pesticides not specifically permitted by labeling. ------DocID 9355 Document 69 of 401------ -CITE- 7 USC Sec. 228b-4 -EXPCITE- TITLE 7 CHAPTER 9 SUBCHAPTER V -HEAD- Sec. 228b-4. Violation of final order by live poultry dealer; penalty -STATUTE- Any live poultry dealer, or any officer, director, agent, or employee of a live poultry dealer, who fails to obey any order of the Secretary issued under the provisions of section 228b-2 of this title, or such order as modified - (1) after the expiration of the time allowed for filing a petition in the court of appeals to set aside or modify such order, if no such petition has been filed within such time; (2) after the expiration of the time allowed for applying for a writ of certiorari, if such order, or such order as modified, has been sustained by the court of appeals and no such writ has been applied for within such time; or (3) after such order, or such order as modified, has been sustained by the courts as provided in section 228b-3 of this title; shall on conviction be fined not less than $1,000 nor more than $20,000. Each day during which such failure continues shall be deemed a separate offense. -SOURCE- (Aug. 15, 1921, ch. 64, title IV, Sec. 413, as added Nov. 23, 1987, Pub. L. 100-173, Sec. 9(2), 101 Stat. 922.) -MISC1- EFFECTIVE DATE Section effective 90 days after Nov. 23, 1987, see section 12 of Pub. L. 100-173, set out as an Effective Date of 1987 Amendment note under section 182 of this title. ------DocID 9849 Document 70 of 401------ -CITE- 7 USC Sec. 950aaa-4 -EXPCITE- TITLE 7 CHAPTER 31A -HEAD- Sec. 950aaa-4. Rural community access to advanced telecommunications -STATUTE- (a) Purpose (1) In general It is the purpose of the program established under this chapter to encourage and improve the use of telecommunications, computer networks, and related advanced technologies, by persons associated with end users, including students and teachers, medical professionals, small businesses, and other residents living in rural areas associated with rural community facilities in rural areas. (2) Grants Grants shall be made under this chapter to end users to fund up to 100 percent of each comprehensive rural telecommunications plan as approved by the Administrator. (b) Grants (1) General authorization The Administrator may make grants to accomplish the purposes of the program established under this chapter in amounts that shall not exceed the levels set forth in paragraph (3). (2) Disbursement In order to facilitate appropriate planning for, and continuity of, the program established under this chapter, the Administrator may obligate funds appropriated during a particular year for disbursement in a subsequent year or years, and the total of funds so appropriated and obligated during a year may exceed the limitations described in paragraph (1). (3) Limitations on authorization of appropriations To carry out this chapter, there are authorized to be appropriated $25,000,000 for fiscal year 1991, $50,000,000 for each of fiscal years 1992 and 1993, and $60,000,000 for each of the fiscal years 1994 and 1995. Amounts appropriated under this paragraph shall remain available until expended. (4) Use of funds Grants under this chapter shall be made available to end users to be used for facilities, equipment, activities, and other uses as described in the approved rural telecommunications plan to achieve the purpose of this chapter, including - (A) the development and acquisition of instructional programming; (B) the development and acquisition, through lease or purchase, of computer hardware and software, audio and visual equipment, computer network components, telecommunications terminal equipment, telecommunications transmission facilities, data terminal equipment, or interactive video equipment, and other facilities that would further the purposes of the programs authorized by this chapter; (C) providing technical assistance and instruction for the development or use of such programming, equipment, or facilities; or (D) other uses that are consistent with achieving the purposes of this chapter as approved by the Administrator. (5) Local exchange carriers Under the conditions described in section 950aaa-3(h) of this title, expedited loans may also be made, to carry out any project authorized in this chapter, to local exchange carriers providing telephone service (as defined in section 924(a) (FOOTNOTE 1) of this title), to cover the costs of telecommunications transmission facilities. (FOOTNOTE 1) See References in Text note below. (6) Informational efforts The Administrator shall establish and implement procedures to carry out informational efforts to advise potential end users located in rural areas of each State about the program authorized by this chapter. (7) Limits on grants Grants awarded under this chapter for an end user shall not be used for the salaries or expenses of an end user. (c) Regulations Not later than 160 days after November 28, 1990, the Administrator shall, in addition to promulgating the regulations described in section 950aaa-3(b) of this title, establish a priority system for awarding grants to end users located in rural areas that are most in need of enhanced communications to carry out the purposes of this chapter. -SOURCE- (Pub. L. 101-624, title XXIII, Sec. 2335, Nov. 28, 1990, 104 Stat. 4021.) -REFTEXT- REFERENCES IN TEXT Section 924(a) of this title, referred to in subsec. (b)(5), was in the original 'section 2333(a) of the Rural Electrification Act of 1936 (7 U.S.C. 924(a))', and was translated as reading 'section 203(a) of the Rural Electrification Act of 1936', as the probable intent of Congress. -MISC2- ANALYSIS BY OFFICE OF TECHNOLOGY ASSESSMENT Section 2385 of Pub. L. 101-624 provided that: '(a) In General. - The Office of Technology Assessment shall include, in a study of the effects of information age technology on rural America, an analysis of the feasibility of ensuring that rural citizens in their homes and schools have the ability to acquire, by computer, information in a national library. '(b) Contents. - In conducting the analysis under subsection (a), the Office of Technology Assessment shall - '(1) evaluate, in consultation with the Librarian of Congress, the costs and benefits of establishing a national library whose volumes, periodicals, instructional materials, sound and video resources, and other data are accessible to individuals through their personal computers; '(2) assess the technological, regulatory, or other impediments to the establishment of the library and information retrieval system described in paragraph (1), and the length of time required to establish such a library and retrieval system; '(3) describe the potential for the library and information described in paragraph (1) to provide rural citizens the opportunity to study and explore foreign languages, geography, math, science, history, or other interests, and to exchange scholarly information and ideas with other users, and otherwise to engage in interactive study; and '(4) recommend to the Congress the measures that should be taken to establish the library and retrieval system described in paragraph (1).' ------DocID 9932 Document 71 of 401------ -CITE- 7 USC Sec. 1308-4 -EXPCITE- TITLE 7 CHAPTER 35 SUBCHAPTER II Part A -HEAD- Sec. 1308-4. Education program -STATUTE- (a) In general The Secretary shall carry out a payment provisions education program for appropriate personnel of the Department of Agriculture and members and other personnel of county and State committees established under section 590h(b) of title 16, for the purpose of fostering more effective and uniform application of the payment limitations and restrictions established under sections 1308 through 1308-3 of this title. (b) Training The education program shall provide training to the personnel in the fair, accurate, and uniform application to individual farming operations of the provisions of law and regulation relating to the payment provisions of sections 1308 through 1308-3 of this title. (c) Administration The State office of the Agricultural Stabilization and Conservation Service shall make the initial determination concerning the application of payment limitations and restrictions established under sections 1308 through 1308-3 of this title to farm operations consisting of more than 5 persons, subject to review by the Secretary. (d) Commodity Credit Corporation The Secretary shall carry out the program provided under this section through the Commodity Credit Corporation. -SOURCE- (Pub. L. 99-198, title X, Sec. 1001D, as added Pub. L. 101-624, title XI, Sec. 1111(g), Nov. 28, 1990, 104 Stat. 3499.) -COD- CODIFICATION Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter. -MISC3- EFFECTIVE DATE Section effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101-624, set out as an Effective Date of 1990 Amendment note under section 1421 of this title. ------DocID 10135 Document 72 of 401------ -CITE- 7 USC Sec. 1445b-4 -EXPCITE- TITLE 7 CHAPTER 35A SUBCHAPTER II -HEAD- Sec. 1445b-4. Transferred -COD- CODIFICATION Section, act Oct. 31, 1949, ch. 792, title I, Sec. 107E, as added Dec. 23, 1985, Pub. L. 99-198, title X, Sec. 1005, 99 Stat. 1448, and amended Nov. 28, 1990, Pub. L. 101-624, title XI, Sec. 1122(a), 104 Stat. 3503, which related to payments in commodities, was renumbered section 115 of act Oct. 31, 1949, by Pub. L. 101-624, Sec. 1161(a)(1), and transferred to section 1445k of this title. ------DocID 10355 Document 73 of 401------ -CITE- 7 USC Sec. 1736bb-4 -EXPCITE- TITLE 7 CHAPTER 41 SUBCHAPTER IV -HEAD- Sec. 1736bb-4. Progress reports -STATUTE- During the 2-year period beginning 1 year after December 22, 1987, the Secretary of Agriculture and the Administrator shall jointly submit a quarterly report on progress made in implementing the recommendations of the missions reported under section 1736bb-3 of this title, including the quantity and dollar value of commodities shipped to eligible countries and the specific development programs undertaken in accordance with sections 1736bb to 1736bb-6 of this title, to the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Foreign Relations of the Senate. -SOURCE- (Pub. L. 100-202, Sec. 5, Dec. 22, 1987, 101 Stat. 1329-446; Pub. L. 100-418, title IV, Sec. 4610(b), Aug. 23, 1988, 102 Stat. 1411.) -REFTEXT- REFERENCES IN TEXT Sections 1736bb to 1736bb-6 of this title, referred to in text, was in the original 'this Act', meaning sections 1 to 16 of Pub. L. 100-202, 101 Stat. 1329-445 to 1329-450, as amended, known as the Agricultural Aid and Trade Missions Act, which enacted sections 1726b and 1736bb to 1736bb-6 of this title, amended sections 1701, 1703, 1709, 1722, 1726, and 1726a of this title, and enacted provisions set out as a note under section 1691 of this title. For complete classification of this Act to the Code, see Short Title of 1987 Amendment note set out under section 1691 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Agricultural Aid and Trade Missions Act, and not as part of the Agricultural Trade Development and Assistance Act of 1954 which comprises this chapter. -MISC3- AMENDMENTS 1988 - Pub. L. 100-418 substituted 'This Act' for 'this chapter' in the original, which was translated as 'sections 1736bb to 1736bb-6 of this title', requiring no change in text. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1736bb, 1736bb-3, 1736bb-5, 1736bb-6 of this title. ------DocID 11483 Document 74 of 401------ -CITE- 8 USC CHAPTER 4 -EXPCITE- TITLE 8 CHAPTER 4 -HEAD- CHAPTER 4 - FREEDMEN ------DocID 11767 Document 75 of 401------ -CITE- 9 USC Sec. 4 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 4. Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination -STATUTE- A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by the Federal Rules of Civil Procedure. The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement. The hearing and proceedings, under such agreement, shall be within the district in which the petition for an order directing such arbitration is filed. If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof. If no jury trial be demanded by the party alleged to be in default, or if the matter in dispute is within admiralty jurisdiction, the court shall hear and determine such issue. Where such an issue is raised, the party alleged to be in default may, except in cases of admiralty, on or before the return day of the notice of application, demand a jury trial of such issue, and upon such demand the court shall make an order referring the issue or issues to a jury in the manner provided by the Federal Rules of Civil Procedure, or may specially call a jury for that purpose. If the jury find that no agreement in writing for arbitration was made or that there is no default in proceeding thereunder, the proceeding shall be dismissed. If the jury find that an agreement for arbitration was made in writing and that there is a default in proceeding thereunder, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 671; Sept. 3, 1954, ch. 1263, Sec. 19, 68 Stat. 1233.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 4, 43 Stat. 883. -REFTEXT- REFERENCES IN TEXT Federal Rules of Civil Procedure, referred to in text, are set out in Appendix to Title 28, Judiciary and Judicial Procedure. -MISC2- AMENDMENTS 1954 - Act Sept. 3, 1954, brought section into conformity with present terms and practice. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Process, see rule 4, Title 28, Appendix, Judiciary and Judicial Procedure. Service and filing of pleadings and other papers, see rule 5, Title 28, Appendix. Trials - Jury trial of right, see rule 38, Title 28, Appendix. Trial by jury or by the court, see rule 39, Title 28, Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 15 of this title; title 5 section 586. ------DocID 11828 Document 76 of 401------ -CITE- 10 USC CHAPTER 4 -EXPCITE- TITLE 10 Subtitle A PART I CHAPTER 4 -HEAD- CHAPTER 4 - OFFICE OF THE SECRETARY OF DEFENSE -MISC1- Sec. 131. Office of the Secretary of Defense. 132. Deputy Secretary of Defense. 133. Under Secretary of Defense for Acquisition. 133a. Deputy Under Secretary of Defense for Acquisition. (133b. Renumbered.) 134. Under Secretary of Defense for Policy. (134a. Renumbered.) 135. Director of Defense Research and Engineering. 136. Assistant Secretaries of Defense. (136a. Renumbered.) 137. Comptroller. 138. Director of Operational Test and Evaluation. 139. General Counsel. (139a to 139c. Renumbered.) 140. Inspector General. (140a to 140c. Renumbered.) 141. Assistant to the Secretary of Defense for Atomic Energy. AMENDMENTS 1987 - Pub. L. 100-180, div. A, title XII, Sec. 1245(a)(2), Dec. 4, 1987, 101 Stat. 1165, added item 141. Pub. L. 100-26, Sec. 9(b)(2), Apr. 21, 1987, 101 Stat. 287, struck out item 140a 'Counterintelligence official reception and representation expenses' and item 140b 'Authority to use proceeds from counterintelligence operations of the military departments'. 1986 - Pub. L. 99-500, Sec. 101(c) (title X, Sec. 902(a)(2)), Oct. 18, 1986, 100 Stat. 1783-82, 1783-131, and Pub. L. 99-591, Sec. 101(c) (title X, Sec. 902(a)(2)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-131; Pub. L. 99-661, div. A, title IX, formerly title IV, Sec. 902(a)(2), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273, amended analysis identically adding item 133a. Pub. L. 99-569, title IV, Sec. 401(d), 403(b), Oct. 27, 1986, 100 Stat. 3196, 3197, added items 140a and 140b. Pub. L. 99-433, title I, Sec. 101(a)(6), 110(e)(2), Oct. 1, 1986, 100 Stat. 995, 1003, substituted 'Office of the Secretary of Defense' for 'Department of Defense' in chapter heading, and amended analysis generally, substituting items 131 to 140 for former items 131 'Executive department', 132 'Seal', 133 'Secretary of Defense: appointment; powers and duties; delegation by', 133a 'Secretary of Defense: annual report on North Atlantic Treaty Organization readiness', 133b 'Sale or transfer of defense articles: reports to Congress', 134 'Deputy Secretary of Defense: appointment; powers and duties; precedence', 134a 'Under Secretary of Defense for Acquisition: appointment', 135 'Under Secretary of Defense for Policy; Director of Defense Research and Engineering: appointments; powers and duties; precedence', 136 'Assistant Secretaries of Defense: appointment; powers and duties; precedence', 136a 'Director of Operational Test and Evaluation: appointment, powers and duties', 137 'General Counsel: appointment; powers and duties', 138 'Annual authorization of appropriations and personnel strengths for the armed forces; annual manpower requirements and operations and maintenance reports', 139 'Secretary of Defense: weapons development and procurement schedules for armed forces; reports; supplemental reports', 139a 'Oversight of cost growth in major programs: Selected Acquisition Reports', 139b 'Oversight of cost growth in major programs: unit cost reports', 139c 'Major defense acquisition programs: independent cost estimates', 140 'Emergencies and extraordinary expenses', 140a 'Secretary of Defense: funds transfers for foreign cryptologic support', 140b 'Prohibition of certain civilian personnel management constraints', and 140c 'Secretary of Defense: authority to withhold from public disclosure certain technical data'. Pub. L. 99-348, title V, Sec. 501(e)(2), July 1, 1986, 100 Stat. 708, added item 134a and substituted 'Under Secretary of Defense for Policy; Director of Defense Research and Engineering: appointments' for 'Under Secretaries of Defense: appointment' in item 135. 1983 - Pub. L. 98-94, title XII, Sec. 1203(a)(2), 1211(a)(2), 1217(b), Sept. 24, 1983, 97 Stat. 683, 686, 690, added items 136a, 139c, and 140c. 1982 - Pub. L. 97-295, Sec. 1(2)(B), Oct. 12, 1982, 96 Stat. 1288, added items 133a and 133b. Pub. L. 97-252, title XI, Sec. 1107(a)(2), Sept. 8, 1982, 96 Stat. 745, added items 139a and 139b. 1981 - Pub. L. 97-86, title IX, Sec. 904(b), Dec. 1, 1981, 95 Stat. 1114, added item 140b. 1980 - Pub. L. 96-450, title IV, Sec. 401(b), Oct. 14, 1980, 94 Stat. 1977, added item 140a. Pub. L. 96-342, title X, Sec. 1001(d)(2), Sept. 8, 1980, 94 Stat. 1119, substituted 'Annual authorization of appropriations and personnel strengths for the armed forces; annual manpower requirements and operations and maintenance reports' for 'Secretary of Defense: Annual authorization of appropriations for armed forces' in item 138. 1977 - Pub. L. 95-140, Sec. 1(b), 2(b), Oct. 21, 1977, 91 Stat. 1172, 1173, substituted 'Deputy Secretary' for 'Deputy Secretaries' in item 134 and 'Under Secretaries of Defense' for 'Director of Defense Research and Engineering' in item 135. 1975 - Pub. L. 94-106, title VIII, Sec. 804(a), Oct. 7, 1975, 89 Stat. 538, added item 140. 1973 - Pub. L. 93-155, title VIII, Sec. 803(a), Nov. 16, 1973, 87 Stat. 612, added items 138 and 139. 1972 - Pub. L. 92-596, Sec. 4(3), Oct. 27, 1972, 86 Stat. 1318, substituted 'Deputy Secretaries' for 'Deputy Secretary' in item 134. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 41 section 421. ------DocID 14585 Document 77 of 401------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 4 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS GENERAL -HEAD- Rule 4. Jurisdiction -STATUTE- (a) The jurisdiction of the Court is as follows: (1) General or flag officers; death sentences. Cases in which the sentence, as affirmed by a Court of Military Review, affects a general or flag officer, or extends to death. See Rule 18(a)(3); (2) Certified by a Judge Advocate General. Cases reviewed by a Court of Military Review, including decisions on appeal by the United States under Article 62, Uniform Code of Military Justice (UCMJ), 10 U.S.C. Sec. 862, or on application for extraordinary relief filed therein, which a Judge Advocate General forwards by certificate for review to the Court. See Rule 18(a)(2); (3) Petitions by the accused. Cases reviewed by a Court of Military Review, including decisions on appeal by the United States under Article 62, UCMJ, 10 U.S.C. Sec. 862, in which, upon petition of the accused and on good cause shown, the Court has granted review. See Rule 18(a)(1). (b) Extraordinary Writs. (1) The court may, in its discretion, entertain petitions for extraordinary relief including, but not limited to, writs of mandamus, writs of prohibition, writs of habeas corpus, and writs of error coram nobis. See 28 U.S.C. Sec. 1651(a) and Rules 18(b), 27(a) and 28. (2) The court may also, in its discretion, entertain a writ appeal petition to review a decision of a Court of Military Review on a petition for extraordinary relief. See Rules 18(a)(4), 19(e), 27(b) and 28. (c) Rules not to affect jurisdiction. These Rules shall not be construed to extend or to limit the jurisdiction of the United States Court of Military Appeals as established by law. -SOURCE- (As amended Oct. 1, 1987.) ------DocID 14644 Document 78 of 401------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 4 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 4. Quorum -STATUTE- (a) In Panel. When sitting in panel, a majority of the judges assigned to that panel constitutes a quorum for the purpose of hearing or determining any matter referred to the panel. The determination of any matter referred to the panel shall be according to the opinion of a majority of the judges participating in the decision. However, any judge present for duty may issue all necessary orders concerning any proceedings pending on (in) panel and any judge present for duty, or a Clerk of Court or Commissioner to whom the Court has delegated authority, may act on uncontested motions, provided such action does not finally dispose of a petition, appeal, or case before the Court. (b) En Banc. When sitting as a whole, a majority of the judges of the Court constitutes a quorum for the purpose of hearing and determining any matter before the Court. The determination of any matter before the Court shall be according to the opinion of a majority of the judges participating in the decision. In the absence of a quorum, any judge present for duty may issue all necessary orders concerning any proceedings pending in the Court preparatory to hearing or decision thereof. ------DocID 15134 Document 79 of 401------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 4 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 4. - Unsworn Declaration Under Penalty of Perjury on Behalf of a Corporation or Partnership -STATUTE- I, XXXXXX, (the president or other officer or an authorized agent of the corporation) (or a member or an authorized agent of the partnership) named as petitioner in the foregoing petition, declare under penalty of perjury that the foregoing is true and correct, and that the filing of this petition on behalf of the (corporation) (or partnership) has been authorized. Executed on XXXXXX Signature: XXXXXXXXXX -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Rule 1008 requires all petitions to be verified. This form is to be used on behalf of a corporation or partnership. It may be adapted for use in connection with other papers required by these rules to be verified. See the Note to Rule 9011. 28 U.S.C. Sec. 1746 permits an unsworn declaration to be used in lieu of a verification. See Advisory Committee Note to Form No. 1. ------DocID 15173 Document 80 of 401------ -CITE- 12 USC Sec. 4 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 4. Deputy Comptrollers -STATUTE- The Secretary of the Treasury shall appoint no more than four Deputy Comptrollers of the Currency, one of whom shall be designated First Deputy Comptroller of the Currency, and shall fix their salaries. Each Deputy Comptroller shall take the oath of office and shall perform such duties as the Comptroller shall direct. During a vacancy in the office or during the absence or disability of the Comptroller, each Deputy Comptroller shall possess the power and perform the duties attached by law to the office of the Comptroller under such order of succession following the First Deputy Comptroller as the Comptroller shall direct. -SOURCE- (R.S. Sec. 327; Mar. 4, 1923, ch. 252, Sec. 209(b), 42 Stat. 1467; Sept. 9, 1959, Pub. L. 86-251, Sec. 1(a), 73 Stat. 487; June 6, 1972, Pub. L. 92-310, title II, Sec. 223(b), 86 Stat. 206.) -COD- CODIFICATION R.S. Sec. 327 derived from act June 3, 1864, ch. 106, Sec. 1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title. R.S. Sec. 327, contained after the word 'Secretary' the following 'who shall be entitled to a salary of two thousand five hundred dollars a year, and' which was omitted from this section on authority of act Mar. 4, 1923, Sec. 209(b), fourth sentence, which was classified to section 9a of this title and regulated the salaries of deputy comptrollers. -MISC3- AMENDMENTS 1972 - Pub. L. 92-310 struck out provisions which required each Deputy Comptroller to give a bond in the sum of $100,000. 1959 - Pub. L. 86-251 provided for the appointment of four Deputy Comptrollers instead of one, the designation of one as the First Deputy, the fixing of salaries, increase in surety bond requirement from $50,000 to $100,000 and order of succession. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -CROSS- CROSS REFERENCES Oath of office, see Const. art. 6, cl. 3; section 3331 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9 of this title. ------DocID 15552 Document 81 of 401------ -CITE- 12 USC CHAPTER 4 -EXPCITE- TITLE 12 CHAPTER 4 -HEAD- CHAPTER 4 - TAXATION -MISC1- SUBCHAPTER I - FEDERAL RESERVE BANKS Sec. 531. Exemption from taxation. SUBCHAPTER II - NATIONAL BANK CIRCULATION 541. Tax on circulating notes generally. 542 to 547. Omitted or Repealed. SUBCHAPTER III - NATIONAL BANK SHARES 548. State taxation. SUBCHAPTER IV - STATE BANK CIRCULATION 561 to 570. Omitted. ------DocID 15610 Document 82 of 401------ -CITE- 12 USC Sec. 635a-4 -EXPCITE- TITLE 12 CHAPTER 6A SUBCHAPTER I -HEAD- Sec. 635a-4. Guarantees for export accounts receivable and inventory -STATUTE- The Export-Import Bank of the United States is authorized and directed to establish a program to provide guarantees for loans extended by financial institutions or other public or private creditors to export trading companies as defined in section 1843(c)(14)(F)(i) of this title, or to other exporters, when such loans are secured by export accounts receivable, inventories of exportable goods, accounts receivable from leases, performance contracts, grant commitments, participation fees, member dues, revenue from publications, or such other collateral as the Board of Directors may deem appropriate, and when in the judgment of the Board of Directors - (1) the private credit market is not providing adequate financing to enable otherwise creditworthy export trading companies or exporters to consummate export transactions; and (2) such guarantees would facilitate expansion of exports which would not otherwise occur. The Board of Directors shall attempt to insure that a major share of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Guarantees provided under the authority of this section shall be subject to limitations contained in annual appropriations Acts. -SOURCE- (Pub. L. 97-290, title II, Sec. 206, Oct. 8, 1982, 96 Stat. 1239; Pub. L. 98-181, title VI, Sec. 616(b), Nov. 30, 1983, 97 Stat. 1257.) -COD- CODIFICATION Section was enacted as part of the Bank Export Services Act, and not as part of the Export-Import Bank Act of 1945 which comprises this subchapter. -MISC3- AMENDMENTS 1983 - Pub. L. 98-181 substituted 'export accounts receivable, inventories of exportable goods, accounts receivable from leases, performance contracts, grant commitments, participation fees, member dues, revenue from publications, or such other collateral as the Board of Directors may deem appropriate,' for 'export accounts receivable or inventories of exportable goods'. ------DocID 15622 Document 83 of 401------ -CITE- 12 USC Sec. 635i-4 -EXPCITE- TITLE 12 CHAPTER 6A SUBCHAPTER I -HEAD- Sec. 635i-4. Sale of bank loans -STATUTE- (a) Required sales to public The Board of Directors shall take such actions as may be necessary to ensure that loans made by the Bank under this subchapter are sold to the public in amounts sufficient to provide a net reduction in outlays of not less than $1,500,000,000 in fiscal year 1987 from the proceeds of such sales. (b) Procedures and terms of sales (1) Establishment of guidelines The Board of Directors shall establish specific guidelines for the sale of loans under subsection (a) of this section. The guidelines shall address the procedures and terms applicable to the sale of the loans, including terms that will ensure that the sale of the loans will bring the highest possible return to the Federal Government. (2) Assistance by Federal Financing Bank In selling loans to the public under subsection (a) of this section, the Board of Directors shall use the Federal Financing Bank as an agent to sell the loans, unless the Board of Directors determines that the sale of loans directly by the Export-Import Bank will result in a higher rate of return to the Federal Government. If the Board of Directors determines to sell loans directly under this paragraph, the Board shall notify the Federal Financing Bank of such determination and the loans involved and, to the extent practicable, shall implement any reasonable recommendations that may be made by the Federal Financing Bank with respect to the procedures and terms applicable to the sale. (c) Reports to Congress (1) Notification of initial loan sale Not less than 20 days before the initial sale of loans under subsection (a) of this section, the Board of Directors shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives containing an estimate of the amount of the discount at which loans will be sold at such initial sale and an estimate of the discount at which loans will be sold at each subsequent sale during fiscal year 1987. (2) Reports by Bank The Board of Directors shall submit periodic reports to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives setting forth the activities of the Board of Directors under this section. Each such report shall include the guidelines established under subsection (b)(1) of this section, a description of the loans sold under subsection (a) of this section, and an analysis of the net reduction in outlays provided by the sale of such loans. The Board of Directors shall submit the first report under this paragraph not later than 60 days after October 21, 1986, and shall submit subsequent reports each 60 days thereafter through the end of fiscal year 1987. (3) Reports by Comptroller General The Comptroller General of the United States shall conduct an audit and evaluation of the activities of the Board of Directors described in each report submitted under paragraph (1) or (2), in accordance with such regulations as the Comptroller General may prescribe. The Comptroller General shall have access to such books, records, accounts, and other materials of the Board of Directors as the Comptroller General determines necessary to conduct each such audit and evaluation. The Comptroller General shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives a report setting forth the results of each such audit and evaluation. (d) Securities laws not applicable to sales The sale of any loan under this section shall be deemed to be a sale of exempted securities within the meaning of sections 77c(a)(2) and 78c(a)(12) of title 15. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations as may be necessary in the public interest or for the protection of investors. -SOURCE- (July 31, 1945, ch. 341, Sec. 16, as added Oct. 21, 1986, Pub. L. 99-509, title II, Sec. 2002, 100 Stat. 1880.) -COD- CODIFICATION October 21, 1986, referred to in subsec. (c)(2), was in the original 'the date of the enactment of this Act', which was translated as meaning the date of the enactment of Pub. L. 99-509, which enacted this section, to reflect the probable intent of Congress. ------DocID 15812 Document 84 of 401------ -CITE- 12 USC Sec. 1148a-4 -EXPCITE- TITLE 12 CHAPTER 7B -HEAD- Sec. 1148a-4. Security for economic disaster and special livestock loans -STATUTE- Loans under section 1148a-2(b) and (c) (FOOTNOTE 1) of this title shall be secured by the personal obligation and available security of the producer or producers, and in the case of loans to corporations or other business organizations, by the personal obligation and available security of each person holding as much as 10 per centum of the stock or other interest in the corporation or organization. (FOOTNOTE 1) See References in Text note below. -SOURCE- (July 14, 1953, ch. 192, Sec. 2, 67 Stat. 150.) -REFTEXT- REFERENCES IN TEXT Section 1148a-2(b) and (c) of this title, referred to in text, was repealed by Pub. L. 87-128, title III, Sec. 341(a), Aug. 8, 1961, 75 Stat. 318. ------DocID 15948 Document 85 of 401------ -CITE- 12 USC Sec. 1701d-4 -EXPCITE- TITLE 12 CHAPTER 13 -HEAD- Sec. 1701d-4. Exchange and assembly of housing and urban planning and development data; payment of expenses; acceptance of funds, services, facilities, materials, and other donations; approval of Secretary of State for international programs and activities -STATUTE- (a) The Secretary of Housing and Urban Development may exchange data relating to housing and urban planning and development with other nations and assemble such data from other nations, through participation in international conference and other means, where such exchange or assembly is deemed by him to be beneficial in carrying out his responsibilities under the Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) or other legislation. In carrying out his responsibilities under this subsection the Secretary may - (1) pay the expenses of participation in activities conducted under authority of this section including, but not limited to, the compensation, travel expenses, and per diem in lieu of subsistence of persons serving in an advisory capacity while away from their homes or regular places of business in connection with attendance at international meetings and conferences, or other travel for the purpose of exchange or assembly of data relating to housing and urban planning and development; but such travel expenses shall not exceed those authorized for regular officers and employees traveling in connection with said activities; and (2) accept from international organizations, foreign countries, and private nonprofit foundations, funds, services, facilities, materials, and other donations to be utilized jointly in carrying out activities under this section. (b) International programs and activities carried out by the Secretary under the authority provided in subsection (a) of this section shall be subject to the approval of the Secretary of State for the purpose of assuring that such authority shall be exercised in a manner consistent with the foreign policy of the United States. -SOURCE- (Pub. L. 85-104, title VI, Sec. 604, July 12, 1957, 71 Stat. 305; Pub. L. 90-19, Sec. 14(b), May 25, 1967, 81 Stat. 24; Pub. L. 90-448, title XVII, Sec. 1709, Aug. 1, 1968, 82 Stat. 606.) -REFTEXT- REFERENCES IN TEXT The Department of Housing and Urban Development Act, referred to in subsec. (a), is Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 667, as amended, which is classified generally to chapter 44 (Sec. 3531 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3531 of Title 42 and Tables. -COD- CODIFICATION Section was enacted as part of the Housing Act of 1957, and not as part of the National Housing Act which comprises this chapter. -MISC3- AMENDMENTS 1968 - Pub. L. 90-448 designated existing provisions as subsec. (a), inserted reference to assembly of data from other nations, and authorized payment of expenses of participation in activities conducted under authority of this section, and acceptance from international organizations, foreign countries, and private nonprofit foundations of funds, services, facilities, materials and other donations to be utilized jointly, and added subsec. (b). 1967 - Pub. L. 90-19 substituted 'Secretary of Housing and Urban Development' and 'Department of Housing and Urban Development' for 'Housing and Home Finance Administrator' and 'Housing and Home Finance Agency', respectively. ------DocID 15952 Document 86 of 401------ -CITE- 12 USC Sec. 1701g-4 -EXPCITE- TITLE 12 CHAPTER 13 -HEAD- Sec. 1701g-4. Omitted -COD- CODIFICATION Section, which placed restrictions on loans, was from the Independent Offices Appropriation Act, 1953, act July 5, 1952, ch. 578, title III, Sec. 301, 66 Stat. 415, and was not repeated in subsequent appropriation acts. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in Aug. 31, 1951, ch. 376, title IV, Sec. 401, 65 Stat. 287. ------DocID 15986 Document 87 of 401------ -CITE- 12 USC Sec. 1701z-4 -EXPCITE- TITLE 12 CHAPTER 13 -HEAD- Sec. 1701z-4. Abandoned properties demonstration project -STATUTE- (a) Grants for arrest of incipient abandonment and revitalization of blighted areas In carrying out activities under section 1701z-1 of this title, the Secretary may undertake programs to demonstrate the most feasible means of providing assistance to localities in which a substantial number of structures are abandoned or are threatened with abandonment for the purpose of arresting the process of housing abandonment in its incipiency or in restoring viability to blighted areas in which abandonment is pervasive. For this purpose, the Secretary is authorized to make grants, subject to the limitations of this section, to assist local public bodies in planning and implementing demonstration projects for prompt and effective action in alleviating and preventing such abandonment in designated demonstration areas. (b) Preferred projects; scope of projects In administering this section, the Secretary shall give preference to those demonstration projects which in his judgment can reasonably be expected to arrest the process of abandonment in the demonstration area within a period of two years and which provide for innovative approaches to combating the problem of housing abandonment. Such projects may include, but shall not be limited to (1) acquisition by negotiated purchase, lease, receivership, tax lien proceedings, or other means authorized by law and satisfactory to the Secretary, of real property within the demonstration area or areas which is abandoned, deteriorated, or in violation of applicable code standards; (2) the repair of streets, sidewalks, parks, playgrounds, publicly owned utilities, public buildings to meet needs consistent with the revitalization and continued use of the area; (3) the demolition of structures determined to be structurally unsound or unfit for human habitation or which contribute adversely to the physical or social environment of the locality involved; (4) the establishment of recreational or community facilities including public playgrounds; (5) the improvement of garbage and trash collection, street cleaning and other essential services necessary to the revitalization and maintenance of the area; (6) the rehabilitation of privately and publicly owned real property by the locality; and (7) the establishment and operation of locally controlled, nonprofit housing management corporations and municipal repair programs. (c) Purchase or lease of project real estate at fair market value for new or rehabilitated housing use; conditions Subject to such conditions as the Secretary may prescribe, real property held as part of a project assisted under this section may be made available to (1) a limited dividend corporation, nonprofit corporation, or association, cooperative or public body or agency, or other approved purchaser or lessee, or (2) a purchaser who would be eligible for a mortgage insured under section 1715l(d)(3) or (d)(4), section 1715l(h)(1), section 1715z(i) or (j)(1), or section 1715z-1 of this title, for purchase or lease at fair market value for use by such purchaser or lessee, as, or in the provision of, new or rehabilitated housing for occupancy by families or individuals of low or moderate income. (d) Amount of grants; authorization of appropriations; continuing availability of funds; locality limitation Grants under this section shall be in amounts which do not exceed 90 per centum of the net project cost as determined by the Secretary. There are authorized to be appropriated for demonstration grants under this section not to exceed $20,000,000 for the fiscal year ending June 30, 1971. Any amounts appropriated shall remain available until expended and any amount authorized but not appropriated may be appropriated for any succeeding fiscal year commencing prior to July 1, 1972. Not more than one-third of the aggregate amount of grants made in any fiscal year under this section shall be made with respect to projects undertaken by one locality. (e) Projects as part of urban renewal projects for purpose of application of urban renewal provisions The provisions of sections 1456, 1465, and 1466 of title 42, and section 1452b of title 42, may apply to projects assisted under this Act as if such projects were being carried out in urban renewal areas as part of urban renewal projects within the meaning of section 1460 of title 42. -SOURCE- (Pub. L. 91-609, title V, Sec. 505, Dec. 31, 1970, 84 Stat. 1787; Pub. L. 99-386, title I, Sec. 105(a), Aug. 22, 1986, 100 Stat. 822.) -REFTEXT- REFERENCES IN TEXT Sections 1456, 1460, and 1466 of title 42, referred to in subsec. (e), were omitted from the Code pursuant to section 5316 of Title 42, The Public Health and Welfare, which terminated authority to make grants or loans under those sections after Jan. 1, 1975. Section 1465 of title 42, referred to in subsec. (e), was repealed by Pub. L. 91-646, title II, Sec. 220(a)(5), Jan. 2, 1971, 84 Stat. 1903. See section 4601 et seq. of Title 42. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -MISC3- AMENDMENTS 1986 - Subsec. (f). Pub. L. 99-386 struck out subsec. (f) which related to annual reports to Congress by Secretary with respect to status of demonstration projects. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1701z-2 of this title. ------DocID 16058 Document 88 of 401------ -CITE- 12 USC Sec. 1715z-4 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1715z-4. Modifications in terms of mortgages covering multifamily projects; requests for extensions to cure defaults or for modification of mortgage terms; regulations -STATUTE- The Secretary shall not consent to any request for an extension of the time for curing a default under any mortgage covering multifamily housing, as defined in the regulations of the Secretary, or for a modification of the terms of such mortgage, except in conformity with regulations prescribed by the Secretary in accordance with the provisions of this section. Such regulations shall require, as a condition to the granting of any such request, that, during the period of such extension or modification, any part of the rents or other funds derived by the mortgagor from the property covered by the mortgage which is not required to meet actual and necessary expenses arising in connection with the operation of such property, including amortization charges under the mortgage, be held in trust by the mortgagor and distributed only with the consent of the Secretary; except that the Secretary may provide for the granting of consent to any request for an extension of the time for curing a default under any mortgage covering multifamily housing, or for a modification of the term of such mortgage, without regard to the foregoing requirement, in any case or class of cases in which an exemption from such requirement does not (as determined by the Secretary) jeopardize the interests of the United States. -SOURCE- (June 27, 1934, ch. 847, title II, Sec. 239, as added Aug. 1, 1968, Pub. L. 90-448, title III, Sec. 302, 82 Stat. 506, and amended Feb. 5, 1988, Pub. L. 100-242, title IV, Sec. 416(c), 101 Stat. 1908.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-242 struck out 'insured' before 'mortgages' in section catchline, and struck out subsec. (a) designation and subsec. (b) which related to violations and penalties imposed for violations of the provisions of former subsec. (a). ------DocID 16119 Document 89 of 401------ -CITE- 12 USC Sec. 1735f-4 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER V -HEAD- Sec. 1735f-4. Minimum property standards -STATUTE- (a) To the maximum extent feasible, the Secretary of Housing and Urban Development shall promote the use of energy saving techniques through minimum property standards established by him for newly constructed residential housing, other than manufactured homes, subject to mortgages insured under this chapter. Such standards shall establish energy performance requirements that will achieve a significant increase in the energy efficiency of new construction. Such requirements shall be implemented as soon as practicable after November 9, 1978. Following November 30, 1983, the energy performance requirements developed and established by the Secretary under this subsection for newly constructed residential housing, other than manufactured homes, shall be at least as effective in performance as the energy performance requirements incorporated in the minimum property standards that were in effect under this subsection on September 30, 1982. (b) The Secretary may require that each property, other than a manufactured home, subject to a mortgage insured under this chapter shall, with respect to health and safety, comply with one of the nationally recognized model building codes, or with a State or local building code based on one of the nationally recognized model building codes or their equivalent. The Secretary shall be responsible for determining the comparability of the State and local codes to such model codes and for selecting for compliance purposes an appropriate nationally recognized model building code where no such model code has been duly adopted or where the Secretary determines the adopted code is not comparable. -SOURCE- (June 27, 1934, ch. 847, title V, Sec. 526, as added Aug. 22, 1974, Pub. L. 93-383, title III, Sec. 305, 88 Stat. 678, and amended Nov. 9, 1978, Pub. L. 95-619, title II, Sec. 252(a), 92 Stat. 3236; Oct. 8, 1980, Pub. L. 96-399, title III, Sec. 326(e), 94 Stat. 1650; Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 405, 97 Stat. 1210; Oct. 17, 1984, Pub. L. 98-479, title I, Sec. 104(a)(6), 98 Stat. 2225.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-479 substituted 'Minimum property standards' for 'Promotion of energy saving techniques by Secretary of Housing and Urban Development of insured housing' in section catchline. 1983 - Subsec. (a). Pub. L. 98-181 designated existing provision as subsec. (a), inserted ', other than manufactured homes,' after 'housing', inserted provision that the energy performance requirements developed for newly constructed residential housing, other than manufactured homes, be at least as effective in performance as the energy performance requirements incorporated in the minimum property standards in effect Sept. 30, 1982, and added subsec. (b). 1980 - Pub. L. 96-399 struck out ', until such time as the energy conservation performance standards required under the Energy Conservation Standards for New Buildings Act of 1976 become effective' in second sentence. 1978 - Pub. L. 95-619 inserted provision requiring that the minimum property standards established by the Secretary under this section were to contain energy performance requirements to achieve a significant increase in the energy efficiency of new construction. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 1479. ------DocID 16188 Document 90 of 401------ -CITE- 12 USC Sec. 1749aaa-4 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-B -HEAD- Sec. 1749aaa-4. Administration -STATUTE- (a) Technical assistance At the request of individuals or organizations operating or contemplating the operation of group practice facilities or medical practice facility (as defined in section 1749aaa-5 of this title), the Secretary may provide or obtain technical assistance in the planning for and construction of such facilities. (b) Utilization of services and facilities of Federal agencies; payment; advances or reimbursement With a view to avoiding unnecessary duplication of existing staffs and facilities of the Federal Government, the Secretary is authorized to utilize available services and facilities of any agency of the Federal Government in carrying out the provisions of this subchapter, and to pay for such services and facilities, either in advance or by way of reimbursement, in accordance with an agreement between the Secretary and the head of such agency. -SOURCE- (June 27, 1934, ch. 847, title XI, Sec. 1105, as added Nov. 3, 1966, Pub. L. 89-754, title V, Sec. 502(a), 80 Stat. 1276, and amended Aug. 22, 1974, Pub. L. 93-383, title III, Sec. 312(a)(5), 88 Stat. 683.) -MISC1- AMENDMENTS 1974 - Subsec. (a). Pub. L. 93-383 substituted 'or medical practice facility (as defined in section 1749aaa-5 of this title)' for '(as defined in section 1749aaa-5(1) of this title)'. ------DocID 16196 Document 91 of 401------ -CITE- 12 USC Sec. 1749bbb-4 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-C Part A -HEAD- Sec. 1749bbb-4. All-industry placement facility -STATUTE- Any plan under this part shall include an all-industry placement facility doing business with every insurer participating in the plan in the State, and shall provide that this facility shall perform certain functions including, but not limited to, the following: (1) seeking, upon request by or on behalf of any property owner requesting an inspection under the plan, to distribute the risks involved equitably among the insurers with which it is doing business; and (2) seeking to place insurance up to the full insurable value of the risk to be insured with one or more insurers with which it is doing business, except to the extent that deductibles, percentage participation clauses, and other underwriting devices are employed to meet special problems of insurability. -SOURCE- (June 27, 1934, ch. 847, title XII, Sec. 1212, as added Aug. 1, 1968, Pub. L. 90-448, title XI, Sec. 1103, 82 Stat. 560.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1749bbb-3 of this title. ------DocID 16564 Document 92 of 401------ -CITE- 12 USC Sec. 2277a-4 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER V Part E -HEAD- Sec. 2277a-4. Premiums -STATUTE- (a) Amount in Fund not exceeding secure base amount (1) In general Until the aggregate of amounts in the Farm Credit Insurance Fund exceeds the secure base amount, the annual premium due from any insured System bank for any calendar year shall be equal to the sum of - (A) the annual average principal outstanding for such year on loans made by the bank that are in accrual status, excluding the guaranteed portions of government-guaranteed loans provided for in subparagraph (C), multiplied by 0.0015; (B) the annual average principal outstanding for such year on loans made by the bank that are in nonaccrual status, multiplied by 0.0025; and (C)(i) the annual average principal outstanding for such year on the guaranteed portions of Federal Government-guaranteed loans made by the bank that are in accrual status, multiplied by 0.00015; and (ii) the annual average principal outstanding for such year on the guaranteed portions of State government-guaranteed loans made by the bank that are in accrual status, multiplied by 0.0003. (2) 'Government-guaranteed loans' defined As used in this section and section 2020(b) of this title, the term 'government-guaranteed loans' means loans or credits, or portions of loans or credits, that are guaranteed - (A) by the full faith and credit of the United States Government or any State government; (B) by an agency or other entity of the United States Government whose obligations are explicitly guaranteed by the United States Government; or (C) by an agency or other entity of a State government whose obligations are explicitly guaranteed by such State government. (b) Amount in Fund exceeding secure base amount At any time the aggregate of amounts in the Insurance Fund exceeds the secure base amount, the Corporation shall reduce the annual premium due from each insured System bank for the following calendar year, as determined under subsection (a) of this section, by a percentage determined by the Corporation so that the aggregate of the premiums payable by all System banks is sufficient to ensure that the aggregate of amounts in the Insurance Fund after such premiums are paid is not less than the secure base amount at such time. (c) Secure base amount For purposes of this part, the term 'secure base amount' means, with respect to any point in time, 2 percent of the aggregate outstanding insured obligations of all insured System banks at such time (adjusted downward to exclude an amount equal to the sum of (1) 90 percent of the guaranteed portions of principal outstanding on Federal Government-guaranteed loans in accrual status made by such banks and (2) 80 percent of the guaranteed portions of principal outstanding on State government-guaranteed loans in accrual status made by such banks, as determined by the Corporation), or such other percentage of the aggregate amount as the Corporation in its sole discretion determines is actuarially sound to maintain in the Insurance Fund taking into account the risk of insuring outstanding insured obligations. (d) Determination of principal outstanding For the purpose of subsections (a) and (c) of this section, the principal outstanding on all loans made by a Farm Credit Bank shall be determined based on all loans made - (1) by any production credit association, or any other association making direct loans under authority provided under section 2279b of this title, that is able to make such loans because such association is receiving, or has received, funds provided through the Farm Credit Bank; (2) by any bank, company, institution, corporation, union, or association described in section 2015(b)(1)(B) of this title, that is able to make such loans because such entity is receiving, or has received, funds provided through the Farm Credit Bank; and (3) by such Farm Credit Bank (other than loans made to any party described in paragraph (1) or (2)). -SOURCE- (Pub. L. 92-181, title V, Sec. 5.55, as added Pub. L. 100-233, title III, Sec. 302, Jan. 6, 1988, 101 Stat. 1612, and amended Pub. L. 100-399, title III, Sec. 302(c)-(e), Aug. 17, 1988, 102 Stat. 994; Pub. L. 101-220, Sec. 6(a), Dec. 12, 1989, 103 Stat. 1879.) -MISC1- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-220, Sec. 6(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: 'Until the aggregate of amounts in the Farm Credit Insurance Fund exceeds the secure base amount, the annual premium due from any insured System bank for any calendar year shall be equal to the sum of - '(1) the annual average principal outstanding for such year on loans made by the bank that are in accrual status, multiplied by 0.0015; and '(2) the annual average principal outstanding for such year on loans made by the bank that are in nonaccrual status, multiplied by 0.0025.' Subsec. (b). Pub. L. 101-220, Sec. 6(a)(2), inserted ', as determined under subsection (a) of this section,' after 'calendar year'. Subsec. (c). Pub. L. 101-220, Sec. 6(a)(3), inserted '(adjusted downward to exclude an amount equal to the sum of (1) 90 percent of the guaranteed portions of principal outstanding on Federal Government-guaranteed loans in accrual status made by such banks and (2) 80 percent of the guaranteed portions of principal outstanding on State government-guaranteed loans in accrual status made by such banks, as determined by the Corporation)' after 'such time'. Subsec. (d). Pub. L. 101-220, Sec. 6(a)(4), in introductory provisions, substituted 'subsections (a) and (c) of this section' for 'subsection (a) of this section' and struck out 'intermediate term' after 'outstanding on all', inserted par. (1), and struck out former par. (1) which read as follows: 'by the production credit associations in the district in which such bank is located;'. 1988 - Subsec. (d). Pub. L. 100-399, Sec. 302(c), substituted in introductory provisions 'intermediate term loans made by a Farm Credit Bank' for 'loans made by a Federal intermediate credit bank'. Subsec. (d)(2). Pub. L. 100-399, Sec. 302(d), (e), substituted 'section 2015(b)(1)(B) of this title' for 'section 2074(a)(2) of this title' and 'Farm Credit Bank' for 'Federal intermediate credit bank'. Subsec. (d)(3). Pub. L. 100-399, Sec. 302(e), substituted 'Farm Credit Bank' for 'Federal intermediate credit bank'. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-220 effective for insurance premiums due to the Farm Credit System Insurance Corporation under this chapter on or after Jan. 1, 1990, based on the loan volume of each bank for each calendar year beginning with calendar year 1989, and effective for the calculation of the initial premium payment required under section 2277a-5(c) of this title, see section 6(c) of Pub. L. 101-220, set out as a note under section 2020 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-399 effective immediately after amendment made by section 401 of Pub. L. 100-233, which was effective 6 months after Jan. 6, 1988, see section 1001(b) of Pub. L. 100-399, set out as a note under section 2002 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2277a-5 of this title. ------DocID 16581 Document 93 of 401------ -CITE- 12 USC Sec. 2278a-4 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VI Part A -HEAD- Sec. 2278a-4. Certification of eligibility to issue preferred stock -STATUTE- (a) Book value less than par value of stock and equities If the book value of the stock, participation certificates, and other similar equities of a System institution, based on generally accepted accounting principles, is less than the par value of the stock or the face value of the certificates or equities - (1) the Farm Credit Administration shall notify the Assistance Board of such impairment; (2) the Assistance Board shall monitor the financial condition, business plans, and operations of the institution; and (3) the institution may request the Assistance Board to grant certification to issue preferred stock under section 2278b-7(a) of this title. (b) Book value less than 75 percent of par value of stock and equities If the book value of the stock, participation certificates, and other similar equities of a System institution, based on generally accepted accounting principles, is less than 75 percent of the par value of the stock or the face value of the certificates or equities, the institution shall request the Assistance Board to grant certification to issue preferred stock under section 2278b-7(a) of this title. (c) Mandatory determination of eligibility (1) In general The Assistance Board shall determine whether to certify a System institution as eligible to issue preferred stock under section 2278b-7 of this title, if - (A) the institution requests such certification; (B) the book value of the stock, participation certificates, and other similar equities of the institution, based on generally accepted accounting principles, has declined to 75 percent of the par value of the stock or the face value of the certificates or equities; and (C) the institution agrees to meet the terms and conditions specified by the Assistance Board pursuant to section 2278a-6 of this title. (2) Effective date of certification If the determination of the Assistance Board is to certify the institution under paragraph (1), such certification shall be effective at the time of such determination. (d) Implementation As soon as practicable after January 6, 1988, the Assistance Board shall take such actions as are necessary to carry out this section. (e) 'Other similar equities' defined Except where otherwise provided in this chapter, the term 'other similar equities' includes allocated equities. -SOURCE- (Pub. L. 92-181, title VI, Sec. 6.4, as added Pub. L. 100-233, title II, Sec. 201, Jan. 6, 1988, 101 Stat. 1588, and amended Pub. L. 100-399, title II, Sec. 201(c), Aug. 17, 1988, 102 Stat. 991.) -MISC1- AMENDMENTS 1988 - Subsecs. (c) to (e). Pub. L. 100-399 redesignated second subsec. (c) and subsec. (d) as (d) and (e), respectively. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-399 effective as if enacted immediately after enactment of Pub. L. 100-233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100-399, set out as a note under section 2002 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2202c, 2278a-5, 2278a-6, 2278b-7 of this title. ------DocID 16596 Document 94 of 401------ -CITE- 12 USC Sec. 2278b-4 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VI Part B -HEAD- Sec. 2278b-4. Corporate powers -STATUTE- (a) In general The Financial Assistance Corporation shall have the power to - (1) operate under the direction of its Board of Directors; (2) adopt, alter, and use a corporate seal, which shall be judicially noted; (3) provide for such officers, employees, and agents, including joint employees with the Funding Corporation, as may be necessary, define their duties, and require surety bonds or make other provisions against losses occasioned by acts of such persons; (4) adopt a salary scale for officers and employees of the Financial Assistance Corporation, in accordance with the directives of the Board of Directors; (5) prescribe by its Board of Directors bylaws, that are not inconsistent with law, and that shall provide for the manner in which - (A) its officers, employees, and agents are selected; (B) its property is acquired, held, and transferred; (C) its general business is conducted; and (D) the privileges granted by law are exercised and enjoyed; (6) enter into contracts and make advance, progress, or other payments with respect to such contracts; (7) sue and be sued in its corporate name and complain and defend in courts of competent jurisdiction; (8) acquire, hold, lease, mortgage, or dispose of, at public or private sale, real and personal property, and otherwise exercise all the usual incidents of ownership of property necessary and convenient to its business; (9) obtain insurance against loss; (10) modify or consent to the modification of any contract or agreement to which it is a party or in which it has an interest under this part; (11) borrow from any commercial bank on its own individual responsibility and on such terms and conditions as it may determine with the approval of the Farm Credit Administration; (12) deposit its securities and its current funds with any member bank of the Federal Reserve System or any insured State nonmember bank (within the meaning of section 1813 of this title) and pay fees therefor and receive interest thereon as may be agreed; and (13) exercise such other incidental powers as are necessary to carry out its powers, duties, and functions in accordance with its charter and this part. (b) Power to remove, and jurisdiction Notwithstanding any other provision of law, any civil action, suit, or proceeding to which the Financial Assistance Corporation is a party shall be deemed to arise under the laws of the United States, and the United States District Court for the District of Columbia shall have exclusive jurisdiction over such. The Financial Assistance Corporation may, without bond or security, remove any such action, suit, or proceeding from a State court to the United States District Court for the District of Columbia. -SOURCE- (Pub. L. 92-181, title VI, Sec. 6.24, as added Pub. L. 100-233, title II, Sec. 201, Jan. 6, 1988, 101 Stat. 1596, and amended Pub. L. 100-399, title II, Sec. 201(a), (b), Aug. 17, 1988, 102 Stat. 990.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(12). Pub. L. 100-399, Sec. 201(a), substituted '(within the meaning of section 1813 of this title)' for '(as defined in section 1813(b) of this title)'. Subsec. (b). Pub. L. 100-399, Sec. 201(b), substituted 'exclusive' for 'original'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-399 effective as if enacted immediately after enactment of Pub. L. 100-233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100-399, set out as a note under section 2002 of this title. ------DocID 16610 Document 95 of 401------ -CITE- 12 USC Sec. 2279a-4 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VII Part A -HEAD- Sec. 2279a-4. Repealed. Pub. L. 100-399, title IV, Sec. 408(d), Aug. 17, 1988, 102 Stat. 1001 -MISC1- Section, Pub. L. 92-181, title VII, Sec. 7.4, as added Pub. L. 100-233, title IV, Sec. 416, Jan. 6, 1988, 101 Stat. 1646, related to earnings, reserves, and distributions with regard to merged banks. See section 2279a-3 of this title. EFFECTIVE DATE OF REPEAL Repeal effective as if repealing provisions had been enacted immediately after enactment of Pub. L. 100-233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100-399, set out as an Effective Date of 1988 Amendment note under section 2002 of this title. ------DocID 16620 Document 96 of 401------ -CITE- 12 USC subpart 4 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VII Part B subpart 4 -HEAD- subpart 4 - termination and dissolution of institutions -MISC1- AMENDMENTS 1988 - Pub. L. 100-399, title IV, Sec. 408(m), Aug. 17, 1988, 102 Stat. 1002, redesignated subpart 3 as 4. ------DocID 16634 Document 97 of 401------ -CITE- 12 USC Sec. 2279aa-4 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VIII -HEAD- Sec. 2279aa-4. Stock issuance -STATUTE- (a) Voting common stock (1) Issue The Corporation shall issue voting common stock having such par value as may be fixed by the Board from time to time. Each share of voting common stock shall be entitled to one vote with rights of cumulative voting at all elections of directors. Voting shall be by classes as described in section 2279aa-2(a)(9) of this title. The stock shall be divided into two classes with the same par value per share. Class A stock may be held only by entities that are not Farm Credit System institutions and that are entitled to vote for directors specified in section 2279aa-2(b)(2)(A) of this title, including national banking associations (which shall be allowed to purchase and hold such stock). Class B stock may be held only by Farm Credit System institutions that are entitled to vote for directors specified in section 2279aa-2(b)(2)(B) of this title. (2) Limitation on issue After the date the permanent board first meets with a quorum of its members present, voting common stock of the Corporation may be issued only to originators and certified facilities. (3) Authority of Board to establish terms and procedures The Board shall adopt such terms, conditions, and procedures with regard to the issue of stock under this section as may be necessary, including the establishment of a maximum amount limitation on the number of shares of voting common stock that may be outstanding at any time. (4) Transferability Subject to such limitations as the Board may impose, any share of any class of voting common stock issued under this section shall be transferable among the institutions or entities to which shares of such class of common stock may be offered under paragraph (1), except that, as to the Corporation, such shares shall be transferable only on the books of the Corporation. (5) Maximum number of shares No stockholder, other than a holder of class B stock, may own, directly or indirectly, more than 33 percent of the outstanding shares of such class of the voting common stock of the Corporation. (b) Required capital contributions (1) In general The Corporation may require each originator and each certified facility to make, or commit to make, such nonrefundable capital contributions to the Corporation as are reasonable and necessary to meet the administrative expenses of the Corporation. (2) Stock issued as consideration for contribution The Corporation, from time to time, shall issue to each originator or certified facility voting common stock evidencing any capital contributions made pursuant to this subsection. (c) Dividends (1) In general Such dividends as may be declared by the Board, in the discretion of the Board, shall be paid by the Corporation to the holders of the voting common stock of the Corporation pro rata based on the total number of shares of both classes of stock outstanding. (2) Reserves requirement No dividend may be declared or paid by the Board under this section unless the Board determines that adequate provision has been made for the reserve required under section 2279aa-10(c)(1) of this title. (3) Dividends prohibited while obligations are outstanding No dividend may be declared or paid by the Board under this section while any obligation issued by the Corporation to the Secretary of the Treasury under section 2279aa-13 of this title remains outstanding. (d) Nonvoting common stock The Corporation is authorized to issue nonvoting common stock having such par value as may be fixed by the Board from time to time. Such nonvoting common stock shall be freely transferable, except that, as to the Corporation, such stock shall be transferable only on the books of the Corporation. Such dividends as may be declared by the Board, in the discretion of the Board, may be paid by the Corporation to the holders of the nonvoting common stock of the Corporation, subject to paragraphs (2) and (3) of subsection (c) of this section. (e) Preferred stock (1) Authority of Board The Corporation is authorized to issue nonvoting preferred stock having such par value as may be fixed by the Board from time to time. Such preferred stock issued shall be freely transferable, except that, as to the Corporation, such stock shall be transferred only on the books of the Corporation. (2) Rights of preferred stock Subject to paragraphs (2) and (3) of subsection (c) of this section, the holders of the preferred stock shall be entitled to such rate of cumulative dividends, and such holders shall be subject to such redemption or other conversion provisions, as may be provided for at the time of issuance. No dividends shall be payable on any share of common stock at any time when any dividend is due on any share of preferred stock and has not been paid. (3) Preference on termination of business In the event of any liquidation, dissolution, or winding up of the business of the Corporation, the holders of the preferred shares of stock shall be paid in full at the par value thereof, plus all accrued dividends, before the holders of the common shares receive any payment. -SOURCE- (Pub. L. 92-181, title VIII, Sec. 8.4, as added Pub. L. 100-233, title VII, Sec. 702, Jan. 6, 1988, 101 Stat. 1692, and amended Pub. L. 100-399, title VI, Sec. 601(d), (e), Aug. 17, 1988, 102 Stat. 1005.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(1). Pub. L. 100-399, Sec. 601(d), in penultimate sentence, inserted 'and' after 'institutions' and inserted ', including national banking associations (which shall be allowed to purchase and hold such stock)' before period at end. Subsec. (e)(1). Pub. L. 100-399, Sec. 601(e), substituted 'books of the Corporation' for 'books of the Association'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-399 effective as if enacted immediately after enactment of Pub. L. 100-233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100-399, set out as a note under section 2002 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2279aa-2, 2279aa-3 of this title. ------DocID 16984 Document 98 of 401------ -CITE- 13 USC Sec. 4 -EXPCITE- TITLE 13 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 4. Functions of Secretary; regulations; delegation -STATUTE- The Secretary shall perform the functions and duties imposed upon him by this title, may issue such rules and regulations as he deems necessary to carry out such functions and duties, and may delegate the performance of such functions and duties and the authority to issue such rules and regulations to such officers and employees of the Department of Commerce as he may designate. -SOURCE- (Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Oct. 17, 1976, Pub. L. 94-521, Sec. 3(a), 90 Stat. 2459.) -MISC1- HISTORICAL AND REVISION NOTES Section is new, and was inserted to conform with 1950 Reorganization Plan No. 5, effective May 24, 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, which is set out as a note under section 591 of title 5, U. S. C., 1952 ed., Executive Departments and Government Officers and Employees (now set out in the Appendix to Title 5, Government Organization and Employees). That plan transferred all functions (with a few exceptions not applicable to the Census Bureau) of all agencies, officers and employees of the Department of Commerce to the Secretary of Commerce, and vested power in him to delegate the functions so transferred, or any of his other functions, to such agencies, officers or employees within the Department as he designates. See, also, section 253 of title 13, U.S.C., 1952 ed., which provided for delegation of functions in connection with the quinquennial censuses of governments, and authorized the Secretary to promulgate rules and regulations with respect to such censuses. That section has been omitted from this revised title, as the provision thereof for delegation of functions is covered by this section, and the provision thereof which related to rules and regulations is covered by section 22 of title 1, U.S.C., 1952 ed., General Provisions. Because of the transfer effected by 1950 Reorganization Plan No. 5, referred to above, sections of title 13, U.S.C., 1952 ed., which prescribed functions of the Bureau of the Census, the Census Office, or the Director of the Census, have, in this revised title, been changed to refer to the Secretary. AMENDMENTS 1976 - Pub. L. 94-521 inserted 'regulations;' in section catchline, authorized the Secretary to issue such rules and regulations as he deems necessary to carry out the functions and duties imposed upon him by this title, authorized delegation of authority to issue such rules and regulations to officers and employees of the Department of Commerce, and struck out a provision which allowed delegation of performance of such functions and duties to bureaus and agencies of the Department of Commerce. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section 17 of Pub. L. 94-521, set out as a note under section 1 of this title. -CROSS- CROSS REFERENCES Collection and publication of foreign commerce and trade statistics, applicability of section to, see section 307 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 307 of this title. ------DocID 17074 Document 99 of 401------ -CITE- 14 USC Sec. 4 -EXPCITE- TITLE 14 PART I CHAPTER 1 -HEAD- Sec. 4. Operation as a service in the Navy -STATUTE- Whenever the Coast Guard operates as a service in the Navy: (a) applicable appropriations of the Navy Department shall be available for the expense of the Coast Guard; (b) applicable appropriations of the Coast Guard shall be available for transfer to the Navy Department; (c) precedence between commissioned officers of corresponding grades in the Coast Guard and the Navy shall be determined by the date of rank stated by their commissions in those grades; (d) personnel of the Coast Guard shall be eligible to receive gratuities, medals, and other insignia of honor on the same basis as personnel in the naval service or serving in any capacity with the Navy; and (e) the Secretary may place on furlough any officer of the Coast Guard and officers on furlough shall receive one half of the pay to which they would be entitled if on leave of absence, but officers of the Coast Guard Reserve shall not be so placed on furlough. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 497; May 5, 1950, ch. 169, Sec. 14(u), 64 Stat. 148; June 9, 1966, Pub. L. 89-444, Sec. 1(1), 80 Stat. 195.) -MISC1- HISTORICAL AND REVISION NOTES Subsections (a) and (b) are based on title 14, U.S.C., 1946 ed., Sec. 1 (Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; July 11, 1941, ch. 290, Sec. 5, 6(a), 55 Stat. 585). Said section has been divided. The provisions relating to appropriations are in this section. The provisions relating to establishment of the Coast Guard are placed in section 1 of this title. The provisions relating to when the Coast Guard operates as a service in the Navy are placed in section 3 of this title. The substantive changes relating to the availability of appropriations when the Coast Guard is transferred to the Navy were suggested by the Bureau of the Budget (July 11, 1941, ch. 290, Sec. 6 (a), 55 Stat. 585). Subsection (c) is based on title 14, U.S.C., 1946 ed., Sec. 7 (Aug. 29, 1916, ch. 417, 39 Stat. 600). Subsection (d) is derived from title 34, U.S.C., 1946 ed., Sec. 355 to 356b (Feb. 4, 1919, ch. 14, Sec. 2-5, 40 Stat. 1056; Aug. 7, 1942, ch. 551, Sec. 1, 56 Stat. 743). Said sections authorized medals for presentation '. . . to any person who, while serving in any capacity with the Navy of the United States . . .'; inasmuch as this language includes the Coast Guard when it is operating under the Navy, this subsection entails no change in existing law. Subsection (e) is based on title 34, U.S.C., 1946 ed., Sec. 228 (R.S. 1442; Feb. 28, 1942, ch. 11, 59 Stat. 9). Inasmuch as R.S. 1442 cited above applies to the Navy and Marine Corps as well as the Coast Guard it is not scheduled for repeal but is being amended by section 6 of this act to eliminate reference to the Coast Guard. Subsection (f) is based on title 14, U.S.C., 1946 ed., Sec. 3 (Aug. 29, 1916, ch. 417, 39 Stat. 600). Said section has been divided. The provisions concerning applicability of Navy laws to Coast Guard personnel are placed in this section. The provisions of the provisos of title 14, U.S.C., 1946 ed., Sec. 3 are placed in section 571 of this title. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1966 - Pub. L. 89-444 made technical changes in subsecs. (d) and (e) by inserting 'and' at end of subsec. (d) and substituting a period for '; and' at end of subsec. (e). 1950 - Act May 5, 1950, repealed subsec. (f) which provided that personnel of the Coast Guard should be subject to the laws for the government of the Navy. EFFECTIVE DATE OF 1950 AMENDMENT Section 5 of act May 5, 1950, provided that the amendment made by that section is effective May 31, 1951. -CROSS- CROSS REFERENCES Armed Forces as including Coast Guard, see section 101 of Title 10, Armed Forces. Cooperation with Navy Department, see section 145 of this title. Interchange of supplies between Navy and Coast Guard, see section 2571 of Title 10, Armed Forces. Secretary of the Navy, powers with respect to Coast Guard, see section 5013a of Title 10. Service in Navy to be counted, see section 467 of this title. Uniform Code of Military Justice, see section 801 et seq. of Title 10, Armed Forces. ------DocID 17431 Document 100 of 401------ -CITE- 15 USC Sec. 4 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 4. Jurisdiction of courts; duty of United States attorneys; procedure -STATUTE- The several district courts of the United States are invested with jurisdiction to prevent and restrain violations of sections 1 to 7 of this title; and it shall be the duty of the several United States attorneys, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. -SOURCE- (July 2, 1890, ch. 647, Sec. 4, 26 Stat. 209; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.) -COD- CODIFICATION Act Mar. 3, 1911, vested jurisdiction in 'district' courts, instead of 'circuit' courts. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorneys' for 'district attorneys of the United States'. See section 541 et seq. of Title 28, Judiciary and Judicial Procedure. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Commencement of action by filing a complaint with the court, see rule 3, Title 28, Appendix, Judiciary and Judicial Procedure. Continuation of section under rule 65, see note by Advisory Committee under rule 65. Injunctions, see rule 65. One form of action, see rule 2. Pleadings allowed, see rule 7. Rules as governing the procedure in all suits of a civil nature whether cognizable as cases at law or in equity, see rule 1. CROSS REFERENCES Issuance of injunctions in labor disputes, see sections 52 and 107 of Title 29, Labor. Restraining trusts in restraint of import trade, see section 9 of this title. Restraining violations of Clayton Act, see sections 25 and 26 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5 of this title. ------DocID 17505 Document 101 of 401------ -CITE- 15 USC Sec. 57b-4 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 57b-4. Good faith reliance on actions of Board of Governors -STATUTE- (a) 'Board of Governors' defined For purposes of this section, the term 'Board of Governors' means the Board of Governors' of the Federal Reserve System. (b) Use as defense Notwithstanding any other provision of law, if - (1) any person, partnership, or corporation engages in any conduct or practice which allegedly constitutes a violation of any Federal law with respect to which the Board of Governors of the Federal Reserve System has rulemaking authority; and (2) such person, partnership, or corporation engaged in such conduct or practice in good faith reliance upon, and in conformity with, any rule, regulation, statement of interpretation, or statement of approval prescribed or issued by the Board of Governors under such Federal law; then such good faith reliance shall constitute a defense in any administrative or judicial proceeding commenced against such person, partnership, or corporation by the Commission under this subchapter or in any administrative or judicial proceeding commenced against such person, partnership, or corporation by the Attorney General of the United States, upon request made by the Commission, under any provision of law. (c) Applicability of subsection (b) The provisions of subsection (b) of this section shall apply regardless of whether any rule, regulation, statement of interpretation, or statement of approval prescribed or issued by the Board of Governors is amended, rescinded, or held to be invalid by judicial authority or any other authority after a person, partnership, or corporation has engaged in any conduct or practice in good faith reliance upon, and in conformity with, such rule, regulation, statement of interpretation, or statement of approval. (d) Request for issuance of statement or interpretation concerning conduct or practice If, in any case in which - (1) the Board of Governors has rulemaking authority with respect to any Federal law; and (2) the Commission is authorized to enforce the requirements of such Federal law; any person, partnership, or corporation submits a request to the Board of Governors for the issuance of any statement of interpretation or statement of approval relating to any conduct or practice of such person, partnership, or corporation which may be subject to the requirements of such Federal law, then the Board of Governors shall dispose of such request as soon as practicable after the receipt of such. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 23, as added May 28, 1980, Pub. L. 96-252, Sec. 16, 94 Stat. 390.) -MISC1- EFFECTIVE DATE Section effective May 28, 1980, see section 23 of Pub. L. 96-252, set out as an Effective Date of 1980 Amendment note under section 45 of this title. ------DocID 17656 Document 102 of 401------ -CITE- 15 USC Sec. 78o-4 -EXPCITE- TITLE 15 CHAPTER 2B -HEAD- Sec. 78o-4. Municipal securities -STATUTE- (a) Registration of municipal securities dealers (1) It shall be unlawful for any municipal securities dealer (other than one registered as a broker or dealer under section 78o of this title) to make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce or attempt to induce the purchase or sale of, any municipal security unless such municipal securities dealer is registered in accordance with this subsection. (2) A municipal securities dealer may be registered by filing with the Commission an application for registration in such form and containing such information and documents concerning such municipal securities dealer and any persons associated with such municipal securities dealer as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. Within forty-five days of the date of the filing of such application (or within such longer period as to which the applicant consents), the Commission shall - (A) by order grant registration, or (B) institute proceedings to determine whether registration should be denied. Such proceedings shall include notice of the grounds for denial under consideration and opportunity for hearing and shall be concluded within one hundred twenty days of the date of the filing of the application for registration. At the conclusion of such proceedings the Commission, by order, shall grant or deny such registration. The Commission may extend the time for the conclusion of such proceedings for up to ninety days if it finds good cause for such extension and publishes its reasons for so finding or for such longer period as to which the applicant consents. The Commission shall grant the registration of a municipal securities dealer if the Commission finds that the requirements of this section are satisfied. The Commission shall deny such registration if it does not make such a finding or if it finds that if the applicant were so registered, its registration would be subject to suspension or revocation under subsection (c) of this section. (3) Any provision of this chapter (other than section 78e of this title or paragraph (1) of this subsection) which prohibits any act, practice, or course of business if the mails or any means or instrumentality of interstate commerce is used in connection therewith shall also prohibit any such act, practice, or course of business by any registered municipal securities dealer or any person acting on behalf of such municipal securities dealer, irrespective of any use of the mails or any means or instrumentality of interstate commerce in connection therewith. (4) The Commission, by rule or order, upon its own motion or upon application, may conditionally or unconditionally exempt any broker, dealer, or municipal securities dealer or class of brokers, dealers, or municipal securities dealers from any provision of this section or the rules or regulations thereunder, if the Commission finds that such exemption is consistent with the public interest, the protection of investors, and the purposes of this section. (b) Municipal Securities Rulemaking Board; rules and regulations (1) Not later than one hundred twenty days after June 4, 1975, the Commission shall establish a Municipal Securities Rulemaking Board (hereinafter in this section referred to as the 'Board'), to be composed initially of fifteen members appointed by the Commission, which shall perform the duties set forth in this section. The initial members of the Board shall serve as members for a term of two years, and shall consist of (A) five individuals who are not associated with any broker, dealer, or municipal securities dealer (other than by reason of being under common control with, or indirectly controlling, any broker or dealer which is not a municipal securities broker or municipal securities dealer), at least one of whom shall be representative of investors in municipal securities, and at least one of whom shall be representative of issuers of municipal securities (which members are hereinafter referred to as 'public representatives'); (B) five individuals who are associated with and representative of municipal securities brokers and municipal securities dealers which are not banks or subsidiaries or departments or divisions of banks (which members are hereinafter referred to as 'broker-dealer representatives'); and (C) five individuals who are associated with and representative of municipal securities dealers which are banks or subsidiaries or departments or divisions of banks (which members are hereinafter referred to as 'bank representatives'). Prior to the expiration of the terms of office of the initial members of the Board, an election shall be held under rules adopted by the Board (pursuant to subsection (b)(2)(B) of this section) of the members to succeed such initial members. (2) The Board shall propose and adopt rules to effect the purposes of this chapter with respect to transactions in municipal securities effected by brokers, dealers, and municipal securities dealers. (Such rules are hereinafter collectively referred to in this chapter as 'rules of the Board'.) The rules of the Board, as a minimum, shall: (A) provide that no municipal securities broker or municipal securities dealer shall effect any transaction in, or induce or attempt to induce the purchase or sale of, any municipal security unless such municipal securities broker or municipal securities dealer meets such standards of operational capability and such municipal securities broker or municipal securities dealer and every natural person associated with such municipal securities broker or municipal securities dealer meet such standards of training, experience, competence, and such other qualifications as the Board finds necessary or appropriate in the public interest or for the protection of investors. In connection with the definition and application of such standards the Board may - (i) appropriately classify municipal securities brokers and municipal securities dealers (taking into account relevant matters, including types of business done, nature of securities other than municipal securities sold, and character of business organization), and persons associated with municipal securities brokers and municipal securities dealers; (ii) specify that all or any portion of such standards shall be applicable to any such class; (iii) require persons in any such class to pass tests administered in accordance with subsection (c)(7) of this section; and (iv) provide that persons in any such class other than municipal securities brokers and municipal securities dealers and partners, officers, and supervisory employees of municipal securities brokers or municipal securities dealers, may be qualified solely on the basis of compliance with such standards of training and such other qualifications as the Board finds appropriate. (B) establish fair procedures for the nomination and election of members of the Board and assure fair representation in such nominations and elections of municipal securities brokers and municipal securities dealers. Such rules shall provide that the membership of the Board shall at all times be equally divided among public representatives, broker-dealer representatives, and bank representatives, and that the public representatives shall be subject to approval by the Commission to assure that no one of them is associated with any broker, dealer, or municipal securities dealer (other than by reason of being under common control with, or indirectly controlling, any broker or dealer which is not a municipal securities broker or municipal securities dealer) and that at least one is representative of investors in municipal securities and at least one is representative of issuers of municipal securities. Such rules shall also specify the term members shall serve and may increase the number of members which shall constitute the whole Board provided that such number is an odd number. (C) be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in municipal securities, to remove impediments to and perfect the mechanism of a free and open market in municipal securities, and, in general, to protect investors and the public interest; and not be designed to permit unfair discrimination between customers, issuers, municipal securities brokers, or municipal securities dealers, to fix minimum profits, to impose any schedule or fix rates of commissions, allowances, discounts, or other fees to be charged by municipal securities brokers or municipal securities dealers, to regulate by virtue of any authority conferred by this chapter matters not related to the purposes of this chapter or the administration of the Board, or to impose any burden on competition not necessary or appropriate in furtherance of the purposes of this chapter. (D) if the Board deems appropriate, provide for the arbitration of claims, disputes, and controversies relating to transactions in municipal securities: Provided, however, That no person other than a municipal securities broker, municipal securities dealer, or person associated with such a municipal securities broker or municipal securities dealer may be compelled to submit to such arbitration except at his instance and in accordance with section 78cc of this title. (E) provide for the periodic examination in accordance with subsection (c)(7) of this section of municipal securities brokers and municipal securities dealers to determine compliance with applicable provisions of this chapter, the rules and regulations thereunder, and the rules of the Board. Such rules shall specify the minimum scope and frequency of such examinations and shall be designed to avoid unnecessary regulatory duplication or undue regulatory burdens for any such municipal securities broker or municipal securities dealer. (F) include provisions governing the form and content of quotations relating to municipal securities which may be distributed or published by any municipal securities broker, municipal securities dealer, or person associated with such a municipal securities broker or municipal securities dealer, and the persons to whom such quotations may be supplied. Such rules relating to quotations shall be designed to produce fair and informative quotations, to prevent fictitious or misleading quotations, and to promote orderly procedures for collecting, distributing, and publishing quotations. (G) prescribe records to be made and kept by municipal securities brokers and municipal securities dealers and the periods for which such records shall be preserved. (H) define the term 'separately identifiable department or division', as that term is used in section 78c(a)(30) of this title, in accordance with specified and appropriate standards to assure that a bank is not deemed to be engaged in the business of buying and selling municipal securities through a separately identifiable department or division unless such department or division is organized and administered so as to permit independent examination and enforcement of applicable provisions of this chapter, the rules and regulations thereunder, and the rules of the Board. A separately identifiable department or division of a bank may be engaged in activities other than those relating to municipal securities. (I) provide for the operation and administration of the Board, including the selection of a Chairman from among the members of the Board, the compensation of the members of the Board, and the appointment and compensation of such employees, attorneys, and consultants as may be necessary or appropriate to carry out the Board's functions under this section. (J) provide that each municipal securities broker and each municipal securities dealer shall pay to the Board such reasonable fees and charges as may be necessary or appropriate to defray the costs and expenses of operating and administering the Board. Such rules shall specify the amount of such fees and charges. (K) establish the terms and conditions under which any municipal securities dealer may sell, or prohibit any municipal securities dealer from selling, any part of a new issue of municipal securities to a municipal securities investment portfolio during the underwriting period. (3) Nothing in this section shall be construed to impair or limit the power of the Commission under this chapter. (c) Discipline of municipal securities dealers; censure; suspension or revocation of registration; other sanctions; investigations (1) No broker, dealer, or municipal securities dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce or attempt to induce the purchase or sale of, any municipal security in contravention of any rule of the Board. (2) The Commission, by order, shall censure, place limitations on the activities, functions, or operations, suspend for a period not exceeding twelve months, or revoke the registration of any municipal securities dealer, if it finds, on the record after notice and opportunity for hearing, that such censure, placing of limitations, denial, suspension, or revocation, is in the public interest and that such municipal securities dealer has committed or omitted any act or omission enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 78o(b) of this title, has been convicted of any offense specified in subparagraph (B) of such paragraph (4) within ten years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in subparagraph (C) of such paragraph (4). (3) Pending final determination whether any registration under this section shall be revoked, the Commission, by order, may suspend such registration, if such suspension appears to the Commission, after notice and opportunity for hearing, to be necessary or appropriate in the public interest or for the protection of investors. Any registered municipal securities dealer may, upon such terms and conditions as the Commission may deem necessary in the public interest or for the protection of investors, withdraw from registration by filing a written notice of withdrawal with the Commission. If the Commission finds that any registered municipal securities dealer is no longer in existence or has ceased to do business as a municipal securities dealer, the Commission, by order, shall cancel the registration of such municipal securities dealer. (4) The Commission, by order, shall censure or place limitations on the activities or functions of any person associated, seeking to become associated, or, at the time of the alleged misconduct, associated or seeking to become associated with a municipal securities dealer, or suspend for a period not exceeding twelve months or bar any such person from being associated with a municipal securities dealer, if the Commission finds, on the record after notice and opportunity for hearing, that such censure, placing of limitations, suspension, or bar is in the public interest and that such person has committed any act or omission enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 78o(b) of this title, has been convicted by any offense specified in subparagraph (B) of such paragraph (4) within 10 years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in subparagraph (C) of such paragraph (4). It shall be unlawful for any person as to whom an order entered pursuant to this paragraph or paragraph (5) of this subsection suspending or barring him from being associated with a municipal securities dealer is in effect willfully to become, or to be, associated with a municipal securities dealer without the consent of the Commission, and it shall be unlawful for any municipal securities dealer to permit such a person to become, or remain, a person associated with him without the consent of the Commission, if such municipal securities dealer knew, or, in the exercise of reasonable care should have known, of such order. (5) With respect to any municipal securities dealer for which the Commission is not the appropriate regulatory agency, the appropriate regulatory agency for such municipal securities dealer may sanction any such municipal securities dealer in the manner and for the reasons specified in paragraph (2) of this subsection and any person associated with such municipal securities dealer in the manner and for the reasons specified in paragraph (4) of this subsection. In addition, such appropriate regulatory agency may, in accordance with section 1818 of title 12, enforce compliance by such municipal securities dealer or any person associated with such municipal securities dealer with the provisions of this section, section 78q of this title, the rules of the Board, and the rules of the Commission pertaining to municipal securities dealers, persons associated with municipal securities dealers, and transactions in municipal securities. For purposes of the preceding sentence, any violation of any such provision shall constitute adequate basis for the issuance of any order under section 1818(b) or 1818(c) of title 12, and the customers of any such municipal securities dealer shall be deemed to be 'depositors' as that term is used in section 1818(c) of title 12. Nothing in this paragraph shall be construed to affect in any way the powers of such appropriate regulatory agency to proceed against such municipal securities dealer under any other provision of law. (6)(A) The Commission, prior to the entry of an order of investigation, or commencement of any proceedings, against any municipal securities dealer, or person associated with any municipal securities dealer, for which the Commission is not the appropriate regulatory agency, for violation of any provision of this section, section 78o(c)(1) or 78o(c)(2) of this title, any rule or regulation under any such section, or any rule of the Board, shall (i) give notice to the appropriate regulatory agency for such municipal securities dealer of the identity of such municipal securities dealer or person associated with such municipal securities dealer, the nature of and basis for such proposed action, and whether the Commission is seeking a monetary penalty against such municipal securities dealer or such associated person pursuant to section 78u-2 of this title; and (ii) consult with such appropriate regulatory agency concerning the effect of such proposed action on sound banking practices and the feasibility and desirability of coordinating such action with any proceeding or proposed proceeding by such appropriate regulatory agency against such municipal securities dealer or associated person. (B) The appropriate regulatory agency for a municipal securities dealer (if other than the Commission), prior to the entry of an order of investigation, or commencement of any proceedings, against such municipal securities dealer or person associated with such municipal securities dealer, for violation of any provision of this section, the rules of the Board, or the rules or regulations of the Commission pertaining to municipal securities dealers, persons associated with municipal securities dealers, or transactions in municipal securities shall (i) give notice to the Commission of the identity of such municipal securities dealer or person associated with such municipal securities dealer and the nature of and basis for such proposed action and (ii) consult with the Commission concerning the effect of such proposed action on the protection of investors and the feasibility and desirability of coordinating such action with any proceeding or proposed proceeding by the Commission against such municipal securities dealer or associated person. (C) Nothing in this paragraph shall be construed to impair or limit (other than by the requirement of prior consultation) the power of the Commission or the appropriate regulatory agency for a municipal securities dealer to initiate any action of a class described in this paragraph or to affect in any way the power of the Commission or such appropriate regulatory agency to initiate any other action pursuant to this chapter or any other provision of law. (7)(A) Tests required pursuant to subsection (b)(2)(A)(iii) of this section shall be administered by or on behalf of and periodic examinations pursuant to subsection (b)(2)(E) of this section shall be conducted by - (i) a registered securities association, in the case of municipal securities brokers and municipal securities dealers who are members of such association; and (ii) the appropriate regulatory agency for any municipal securities broker or municipal securities dealer, in the case of all other municipal securities brokers and municipal securities dealers. (B) A registered securities association shall make a report of any examination conducted pursuant to subsection (b)(2)(E) of this section and promptly furnish the Commission a copy thereof and any data supplied to it in connection with such examination. Subject to such limitations as the Commission, by rule, determines to be necessary or appropriate in the public interest or for the protection of investors, the Commission shall, on request, make available to the Board a copy of any report of an examination of a municipal securities broker or municipal securities dealer made by or furnished to the Commission pursuant to this paragraph or section 78q(c)(3) of this title. (8) The Commission is authorized, by order, if in its opinion such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise, in furtherance of the purposes of this chapter, to remove from office or censure any member or employee of the Board, who, the Commission finds, on the record after notice and opportunity for hearing, has willfully (A) violated any provision of this chapter, the rules and regulations thereunder, or the rules of the Board or (B) abused his authority. (d) Issuance of municipal securities (1) Neither the Commission nor the Board is authorized under this chapter, by rule or regulation, to require any issuer of municipal securities, directly or indirectly through a purchaser or prospective purchaser of securities from the issuer, to file with the Commission or the Board prior to the sale of such securities by the issuer any application, report, or document in connection with the issuance, sale, or distribution of such securities. (2) The Board is not authorized under this chapter to require any issuer of municipal securities, directly or indirectly through a municipal securities broker or municipal securities dealer or otherwise, to furnish to the Board or to a purchaser or a prospective purchaser of such securities any application, report, document, or information with respect to such issuer: Provided, however, That the Board may require municipal securities brokers and municipal securities dealers to furnish to the Board or purchasers or prospective purchasers of municipal securities applications, reports, documents, and information with respect to the issuer thereof which is generally available from a source other than such issuer. Nothing in this paragraph shall be construed to impair or limit the power of the Commission under any provision of this chapter. -SOURCE- (June 6, 1934, ch. 404, title I, Sec. 15B, as added June 4, 1975, Pub. L. 94-29, Sec. 13, 89 Stat. 131, and amended June 6, 1983, Pub. L. 98-38, Sec. 4, 97 Stat. 207; Dec. 4, 1987, Pub. L. 100-181, title III, Sec. 318-320, 101 Stat. 1256, 1257; Oct. 15, 1990, Pub. L. 101-429, title II, Sec. 205, 104 Stat. 941; Nov. 15, 1990, Pub. L. 101-550, title II, Sec. 203(c)(1), 104 Stat. 2718.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(3), (b)(2), (3), (c)(6)(C), (8), and (d), was in the original 'this title'. See References in Text note set out under section 78a of this title. -MISC2- AMENDMENTS 1990 - Subsec. (c)(2), (4). Pub. L. 101-550 substituted '(A), (D), (E), or (G)' for '(A), (D), or (E)'. Subsec. (c)(6)(A). Pub. L. 101-429 substituted ', the nature' for 'and the nature' and 'proposed action, and whether the Commission is seeking a monetary penalty against such municipal securities dealer or such associated person pursuant to section 78u-2 of this title; and' for 'proposed action and'. 1987 - Subsec. (b)(2)(C). Pub. L. 100-181, Sec. 318, substituted 'municipal securities dealers, to regulate' for 'municipal security dealers, to regulate' 'purposes of this chapter' for 'purposes of this chapter or the securities', and 'burden on competition' for 'burden or competition'. Subsec. (c)(4). Pub. L. 100-181, Sec. 319, substituted new first sentence for former first sentence which read as follows: 'The Commission, by order, shall censure any person associated, or seeking to become associated with, a municipal securities dealer or suspend for a period not exceeding twelve months or bar any such person from being associated with a municipal securities dealer, if the Commission finds, on the record after notice and opportunity for hearing, that such censure, suspension, or bar is in the public interest and that such person has committed or omitted any act or omission enumerated in subparagraph (A), (D), or (E) of paragraph (4) of section 78o(b) of this title, has been convicted of any offense specified in subparagraph (B) of such paragraph (4) within ten years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in subparagraph (C) of such paragraph (4).' Subsec. (c)(6)(A). Pub. L. 100-181, Sec. 320, substituted 'Board' for 'board'. 1983 - Subsec. (b)(1)(A). Pub. L. 98-38, Sec. 4(a), inserted '(other than by reason of being under common control with, or indirectly controlling, any broker or dealer which is not a municipal securities broker or municipal securities dealer)' after 'securities dealer'. Subsec. (b)(2)(B). Pub. L. 98-38, Sec. 4(b), inserted '(other than by reason of being under common control with, or indirectly controlling, any broker or dealer which is not a municipal securities broker or municipal securities dealer)' after 'broker, dealer, or municipal securities dealer'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-429 effective Oct. 15, 1990, with provisions relating to civil penalties and accounting and disgorgement, see section 1(c)(1), (2) of Pub. L. 101-429, set out in a note under section 77g of this title. EFFECTIVE DATE Section effective June 4, 1975, except for subsec. (a) which is effective 180 days after June 4, 1975, see section 31(a) of Pub. L. 94-29, set out as a note under section 78b of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 78c, 78o, 78s, 78u-2, 78y, 78lll, 80a-22 of this title. ------DocID 17700 Document 103 of 401------ -CITE- 15 USC Sec. 78fff-4 -EXPCITE- TITLE 15 CHAPTER 2B-1 -HEAD- Sec. 78fff-4. Direct payment procedure -STATUTE- (a) Determination regarding direct payments If SIPC determines that - (1) any member of SIPC (including a person who was a member within one hundred eighty days prior to such determination) has failed or is in danger of failing to meet its obligations to customers; (2) one or more of the conditions specified in section 78eee(b)(1) of this title exist with respect to such member; (3) the claim of each customer of the member is within the limits of protection provided in section 78fff-3(a) of this title; (4) the claims of all customers of the member aggregate less than $250,000; (5) the cost to SIPC of satisfying customer claims under this section will be less than the cost under a liquidation proceeding; and (6) such member's registration as a broker-dealer under section 78o(b) of this title has been terminated, or such member has consented to the use of the direct payment procedure set forth in this section, SIPC may, in its discretion, use the direct payment procedure set forth in this section in lieu of instituting a liquidation proceeding with respect to such member. (b) Notice Promptly after a determination under subsection (a) of this section that the direct payment procedure is to be used with respect to a member, SIPC shall cause notice of such direct payment procedure to be published in one or more newspapers of general circulation in a form and manner determined by SIPC, and at the same time shall cause to be mailed a copy of such notice to each person who appears, from the books and records of such member, to have been a customer of the member with an open account within the past twelve months, to the address of such person as it appears from the books and records of such member. Such notice shall state that SIPC will satisfy customer claims directly, without a liquidation proceeding, and shall set forth the form and manner in which claims may be presented. A direct payment procedure shall be deemed to commence on the date of first publication under this subsection and no claim by a customer shall be paid or otherwise satisfied by SIPC unless received within the six-month period beginning on such date, except that SIPC shall, upon application within such period, and for cause shown, grant a reasonable, fixed extension of time for the filing of a claim by the United States, by a State or political subdivision thereof, or by an infant or incompetent person without a guardian. (c) Payments to customers SIPC shall promptly satisfy all obligations of the member to each of its customers relating to, or net equity claims based upon, securities or cash by the delivery of securities or the effecting of payments to such customer (subject to the provisions of section 78fff-2(d) of this title and section 78fff-3(a) of this title insofar as such obligations are ascertainable from the books and records of the member or are otherwise established to the satisfaction of SIPC. For purposes of distributing securities to customers, all securities shall be valued as of the close of business on the date of publication under subsection (b) of this section. Any payment or delivery of securities pursuant to this section may be conditioned upon the execution and delivery, in a form to be determined by SIPC, of appropriate receipts, supporting affidavits, releases, and assignments. To the extent moneys of SIPC are used to satisfy the claims of customers, in addition to all other rights it may have at law or in equity, SIPC shall be subrogated to the claims of such customers against the member. (d) Effect on claims Except as otherwise provided in this section, nothing in this section shall limit the right of any person, including any subrogee, to establish by formal proof or otherwise such claims as such person may have against the member, including claims for the payment of money and the delivery of specific securities, without resort to moneys of SIPC. (e) Jurisdiction of Bankruptcy Courts After SIPC has published notice of the institution of a direct payment procedure under this section, any person aggrieved by any determination of SIPC with respect to his claim under subsection (c) of this section may, within six months following mailing by SIPC of its determination with respect to such claim, seek a final adjudication of such claim. The courts of the United States having jurisdiction over cases under title 11 shall have original and exclusive jurisdiction of any civil action for the adjudication of such claim, without regard to the citizenship of the parties or the amount in controversy. Any such action shall be brought in the judicial district where the head office of the debtor is located. Any determination of the rights of a customer under subsection (c) of this section shall not prejudice any other right or remedy of the customer against the member. (f) Discontinuance of direct payment procedures If, at any time after the institution of a direct payment procedure with respect to a member, SIPC determines, in its discretion, that continuation of such direct payment procedure is not appropriate, SIPC may cease such direct payment procedure and, upon so doing, may seek a protective decree pursuant to section 78eee of this title. To the extent payments of cash, distributions of securities, or determinations with respect to the validity of a customer's claim are made under this section, such payments, distributions, and determinations shall be recognized and given full effect in the event of any subsequent liquidation proceeding. Any action brought under subsection (e) of this section and pending at the time of the appointment of a trustee under section 78eee(b)(3) of this title shall be permanently stayed by the court at the time of such appointment, and the court shall enter an order directing the transfer or removal to it of such suit. Upon such removal or transfer the complaint in such action shall constitute the plaintiff's claim in the liquidation proceeding, if appropriate, and shall be deemed received by the trustee on the date of his appointment regardless of the date of actual transfer or removal of such action. (g) References For purposes of this section, any reference to the trustee in sections 78fff-1(b)(1), 78fff-2(d), 78fff-2(f), 78fff-3(a), 78lll(5) and 78lll(12) of this title shall be deemed a reference to SIPC, and any reference to the date of publication of notice under section 78fff-2(a) of this title shall be deemed a reference to the publication of notice under this section. -SOURCE- (Pub. L. 91-598, Sec. 10, as added Pub. L. 95-283, Sec. 9, May 21, 1978, 92 Stat. 266, and amended Pub. L. 95-598, title III, Sec. 308(n), Nov. 6, 1978, 92 Stat. 2675.) -MISC1- AMENDMENTS 1978 - Subsec. (e). Pub. L. 95-598 substituted in heading 'Bankruptcy Courts' for 'District Courts' and in text 'courts of the United States having jurisdiction over cases under title 11' for 'district courts of the United States' and struck out ', without regard to the citizenship of the parties or the amount in controversy' after 'adjudication of such claim'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 78lll of this title. ------DocID 17738 Document 104 of 401------ -CITE- 15 USC Sec. 79z-4 -EXPCITE- TITLE 15 CHAPTER 2C -HEAD- Sec. 79z-4. Study of public-utility companies; recommendation -STATUTE- The Commission is hereby authorized and directed to make studies and investigations of public-utility companies, the territories served or which can be served by public-utility companies, and the manner in which the same are or can be served, to determine the sizes, types, and locations of public-utility companies which do or can operate most economically and efficiently in the public interest, in the interest of investors and consumers, and in furtherance of a wider and more economical use of gas and electric energy; upon the basis of such investigations and studies the Commission shall make public from time to time its recommendations as to the type and size of geographically and economically integrated public-utility systems which, having regard for the nature and character of the locality served, can best promote and harmonize the interests of the public, the investor, and the consumer. -SOURCE- (Aug. 26, 1935, ch. 687, title I, Sec. 30, 49 Stat. 837; Dec. 4, 1987, Pub. L. 100-181, title IV, Sec. 405, 101 Stat. 1260.) -MISC1- AMENDMENTS 1987 - Pub. L. 100-181 struck out at end 'The Commission is authorized and directed to make a study of the functions and activities of investment trusts and investment companies, the corporate structures, and investment policies of such trusts and companies, the influence exerted by such trusts and companies upon companies in which they are interested, and the influence exerted by interests affiliated with the management of such trusts and companies upon their investment policies, and to report the results of its study and its recommendations to the Congress on or before January 4, 1937.' -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Findings and declaration of policy under Investment Company Act of 1940, see section 80a-1 of this title. Findings under Investment Advisers Act of 1940, see section 80b-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-1, 80b-1 of this title. ------DocID 17746 Document 105 of 401------ -CITE- 15 USC Sec. 80a-4 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-4. Classification of investment companies -STATUTE- For the purposes of this subchapter, investment companies are divided into three principal classes, defined as follows: (1) 'Face-amount certificate company' means an investment company which is engaged or proposes to engage in the business of issuing face-amount certificates of the installment type, or which has been engaged in such business and has any such certificate outstanding. (2) 'Unit investment trust' means an investment company which (A) is organized under a trust indenture, contract of custodianship or agency, or similar instrument, (B) does not have a board of directors, and (C) issues only redeemable securities, each of which represents an undivided interest in a unit of specified securities; but does not include a voting trust. (3) 'Management company' means any investment company other than a face-amount certificate company or a unit investment trust. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 4, 54 Stat. 799.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Registration statement, classification to be included, see section 80a-8 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-8, 80a-58 of this title. ------DocID 17811 Document 106 of 401------ -CITE- 15 USC Sec. 80b-4 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER II -HEAD- Sec. 80b-4. Reports by investment advisers -STATUTE- Every investment adviser who makes use of the mails or of any means or instrumentality of interstate commerce in connection with his or its business as an investment adviser (other than one specifically exempted from registration pursuant to section 80b-3(b) of this title), shall make and keep for prescribed periods such records (as defined in section 78c(a)(37) of this title), furnish such copies thereof, and make and disseminate such reports as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. All records (as so defined) of such investment advisers are subject at any time, or from time to time, to such reasonable periodic, special, or other examinations by representatives of the Commission as the Commission deems necessary or appropriate in the public interest or for the protection of investors. -SOURCE- (Aug. 22, 1940, ch. 686, title II, Sec. 204, 54 Stat. 852; Sept. 13, 1960, Pub. L. 86-750, Sec. 6, 74 Stat. 886; June 4, 1975, Pub. L. 94-29, Sec. 29(5), 89 Stat. 169.) -MISC1- AMENDMENTS 1975 - Pub. L. 94-29 substituted 'make and keep for prescribed periods such records (as defined in section 78c(a)(37) of this title), furnish such copies thereof, and make and disseminate such reports as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. All records (as so defined) of such investment advisers are subject at any time, or from time to time, to such reasonable periodic, special, or other examinations by representatives of the Commission as the Commission deems necessary or appropriate in the public interest or for the protection of investors' for 'make, keep, and preserve for such periods, such accounts, correspondence, memorandums, papers, books, and other records, and make such reports, as the Commission by its rules and regulations may prescribe as necessary or appropriate in the public interest or for the protection of investors. Such accounts, correspondence, memorandums, papers, books, and other records shall be subject at any time or from time to time to such reasonable periodic, special, or other examinations by examiners or other representatives of the Commission as the Commission may deem necessary or appropriate in the public interest or for the protection of investors'. 1960 - Pub. L. 86-750 substituted provisions requiring investment advisers who make business use of the mails or any instrument of interstate commerce, unless exempted from registration by section 80b-3(b) of this title, to keep and preserve accounts, correspondence, memorandums, papers, books, and records, and make such reports as the Commission requires by its rules and regulations, and that these accounts, correspondence, memorandums, papers, books and records shall be subject to examination by representatives of the Commission, for provisions requiring investment advisers registered under section 80b-3 of this title to file annual and special reports in such form as the Commission prescribed by its rules and regulations to keep current the information contained in the registration application. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-29 effective June 4, 1975, see section 31(a) of Pub. L. 94-29, set out as a note under section 78b of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Material misstatements in reports, see section 80b-7 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 80b-4a of this title. ------DocID 17839 Document 107 of 401------ -CITE- 15 USC CHAPTER 4 -EXPCITE- TITLE 15 CHAPTER 4 -HEAD- CHAPTER 4 - CHINA TRADE -MISC1- Sec. 141. Short title. 142. Definitions. 143. Registrar; designation; station; supervision by Secretary of Commerce. 144. China trade corporations. (a) Incorporation. (b) Articles of incorporation. (c) Prohibited transactions. (d) Capital stock requirements. 144a. Incorporation fee for perpetual existence. 145. Certificate of incorporation. 146. General powers of corporation. 146a. Jurisdiction of suits by or against China Trade Act corporation. 147. Stock; issuance at par value. 148. Payment of stock in real or personal property. 149. Bylaws. 150. Stockholders' meetings. (a) Time of first meeting; quorum. (b) Questions for determination only by stockholders. (c) Authorization of amendments to articles of incorporation. (d) Filing of bylaws and amendments and minutes of stockholders' meetings with registrar. 151. Directors. 152. Reports; records for public inspection. 153. Dividends. 154. Investigations by registrar; revocation of certificate of incorporation. 155. Authority of registrar in obtaining evidence. (a) Subpena for attendance of witness and production of records, etc. (b) Aid of Federal district court. (c) Repealed. (d) Access of registrar or his employee to books and records. 156. Dissolution of corporation; trustees. 157. Regulations and fees; disposition of fees and penalties. 158. False or fraudulent statements prohibited; penalties. 159. Unauthorized use of legend; penalty. 160. Maintenance of agent for service. 161. Alteration, amendment, or repeal. 162. Creation of China corporations restricted. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 26 sections 246, 992, 1504, 6072, 6091. ------DocID 17973 Document 108 of 401------ -CITE- 15 USC Sec. 278g-4 -EXPCITE- TITLE 15 CHAPTER 7 -HEAD- Sec. 278g-4. Computer System Security and Privacy Advisory Board -STATUTE- (a) Establishment and composition There is hereby established a Computer System Security and Privacy Advisory Board within the Department of Commerce. The Secretary of Commerce shall appoint the chairman of the Board. The Board shall be composed of twelve additional members appointed by the Secretary of Commerce as follows: (1) four members from outside the Federal Government who are eminent in the computer or telecommunications industry, at least one of whom is representative of small or medium sized companies in such industries; (2) four members from outside the Federal Government who are eminent in the fields of computer or telecommunications technology, or related disciplines, but who are not employed by or representative of a producer of computer or telecommunications equipment; and (3) four members from the Federal Government who have computer systems management experience, including experience in computer systems security and privacy, at least one of whom shall be from the National Security Agency. (b) Duties The duties of the Board shall be - (1) to identify emerging managerial, technical, administrative, and physical safeguard issues relative to computer systems security and privacy; (2) to advise the Institute and the Secretary of Commerce on security and privacy issues pertaining to Federal computer systems; and (3) to report its findings to the Secretary of Commerce, the Director of the Office of Management and Budget, the Director of the National Security Agency, and the appropriate committees of the Congress. (c) Term of office The term of office of each member of the Board shall be four years, except that - (1) of the initial members, three shall be appointed for terms of one year, three shall be appointed for terms of two years, three shall be appointed for terms of three years, and three shall be appointed for terms of four years; and (2) any member appointed to fill a vacancy in the Board shall serve for the remainder of the term for which his predecessor was appointed. (d) Quorum The Board shall not act in the absence of a quorum, which shall consist of seven members. (e) Allowance for travel expenses Members of the Board, other than full-time employees of the Federal Government, while attending meetings of such committees or while otherwise performing duties at the request of the Board Chairman while away from their homes or a regular place of business, may be allowed travel expenses in accordance with subchapter I of chapter 57 of title 5. (f) Staff services and utilization of Federal personnel To provide the staff services necessary to assist the Board in carrying out its functions, the Board may utilize personnel from the Institute or any other agency of the Federal Government with the consent of the head of the agency. (g) Definitions As used in this section, the terms 'computer system' and 'Federal computer system' have the meanings given in section 278g-3 of this title. -SOURCE- (Mar. 3, 1901, ch. 872, Sec. 21, as added Jan. 8, 1988, Pub. L. 100-235, Sec. 3(2), 101 Stat. 1727, and amended Aug. 23, 1988, Pub. L. 100-418, title V, Sec. 5115(a)(1), 102 Stat. 1433.) -MISC1- AMENDMENTS 1988 - Subsec. (b)(2). Pub. L. 100-418, which directed that this chapter be amended by substituting 'Institute' for 'National Bureau of Standards', 'Bureau', or 'bureau', wherever appearing, was executed to par. (2) by substituting 'Institute' for 'Bureau of Standards', to reflect the probable intent of Congress. Subsec. (f). Pub. L. 100-418 substituted 'Institute' for 'National Bureau of Standards'. TERMINATION OF ADVISORY BOARDS Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. COMPUTER SECURITY Nothing in amendment by Pub. L. 100-235 which enacted this section to be construed to constitute authority to withhold information sought under section 552 of Title 5, Government Organization and Employees, or to authorize any Federal agency to limit, restrict, regulate, or control collection, maintenance, disclosure, use, transfer, or sale of any information that is privately owned information, disclosable under section 552 of Title 5 or other law requiring or authorizing public disclosure of information, or public domain information, see section 8 of Pub. L. 100-235, set out as a note under section 759 of Title 40, Public Buildings, Property, and Works. ------DocID 18178 Document 109 of 401------ -CITE- 15 USC Sec. 713a-4 -EXPCITE- TITLE 15 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 713a-4. Obligations of Commodity Credit Corporation; issuance; sale; purchase; redemption; etc. -STATUTE- With the approval of the Secretary of the Treasury, the Commodity Credit Corporation is authorized to issue and have outstanding at any one time, bonds, notes, debentures, and other similar obligations in an aggregate amount not exceeding $30,000,000,000. Such obligations shall be in such forms and denominations, shall have such maturities, shall bear such rates of interest, shall be subject to such terms and conditions, and shall be issued in such manner and sold at such prices as may be prescribed by the Commodity Credit Corporation, with the approval of the Secretary of the Treasury. Such obligations shall be fully and unconditionally guaranteed both as to interest and principal by the United States, and such guaranty shall be expressed on the face thereof, and such obligations shall be lawful investments and may be accepted as security for all fiduciary, trust, and public funds the investment or deposit of which shall be under the authority or control of the United States or any officer or officers thereof. In the event that the Commodity Credit Corporation shall be unable to pay upon demand, when due, the principal of, or interest on, such obligations, the Secretary of the Treasury shall pay to the holder the amount thereof which is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, and thereupon to the extent of the amount so paid the Secretary of the Treasury shall succeed to all the rights of the holders of such obligations. The Secretary of the Treasury, in his discretion, is authorized to purchase any obligations of the Commodity Credit Corporation issued hereunder, and for such purpose the Secretary of the Treasury is authorized to use as a public-debt transaction the proceeds from the sale of any securities hereafter issued under chapter 31 of title 31 and the purposes for which securities may be issued under such chapter are extended to include any purchases of the Commodity Credit Corporation's obligations hereunder. The Secretary of the Treasury may at any time sell any of the obligations of the Commodity Credit Corporation acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of the obligations of the Commodity Credit Corporation shall be treated as public-debt transactions of the United States. No such obligations shall be issued in excess of the assets of the Commodity Credit Corporation, including the assets to be obtained from the proceeds of such obligations, but a failure to comply with this provision shall not invalidate the obligations or the guaranty of the same: Provided, That this sentence shall not limit the authority of the Corporation to issue obligations for the purpose of carrying out its annual budget programs submitted to and approved by the Congress pursuant to chapter 91 of title 31. The Commodity Credit Corporation shall have power to purchase such obligations in the open market at any time and at any price. -SOURCE- (Mar. 8, 1938, ch. 44, Sec. 4, 52 Stat. 108; Mar. 4, 1939, ch. 5, Sec. 1(d), 53 Stat. 511; Aug. 9, 1940, ch. 649, 54 Stat. 782; July 1, 1941, ch. 270, Sec. 3, 55 Stat. 498; July 16, 1943, ch. 241, Sec. 2, 57 Stat. 566; Apr. 12, 1945, ch. 54, Sec. 1, 59 Stat. 50; Oct. 31, 1949, ch. 792, title IV, Sec. 410, 63 Stat. 1057; June 28, 1950, ch. 381, Sec. 1, 64 Stat. 261; Mar. 20, 1954, ch. 102, Sec. 1(a), 68 Stat. 30; Aug. 31, 1954, ch. 1172, Sec. 1, 68 Stat. 1047; Aug. 11, 1955, ch. 782, Sec. 1, 69 Stat. 634; Aug. 1, 1956, ch. 815, Sec. 1(b), 70 Stat. 783; May 15, 1978, Pub. L. 95-279, title III, Sec. 301(b), 92 Stat. 242; Dec. 22, 1987, Pub. L. 100-202, Sec. 101(k) (title I, Sec. 101), 101 Stat. 1329-322, 1329-336.) -COD- CODIFICATION 'Chapter 31 of title 31' and 'such chapter' substituted in text for 'the Second Liberty Bond Act, as amended' and 'such Act, as amended,', and 'chapter 91 of title 31' substituted for 'the Government Corporation Control Act (31 U.S.C., 1946 edition, sec. 841)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- AMENDMENTS 1987 - Pub. L. 100-202 substituted '$30,000,000,000' for '$25,000,000,000'. 1978 - Pub. L. 95-279 substituted '$25,000,000,000' for '$14,500,000,000'. 1956 - Act Aug. 1, 1956, substituted '$14,500,000,000' for '$12,000,000,000'. 1955 - Act Aug. 11, 1955, substituted '$12,000,000,000 for '$10,000,000,000'. 1954 - Act Aug. 31, 1954, substituted '$10,000,000,000' for '$8,500,000,000'. Act Mar. 20, 1954, substituted '$8,500,000,000' for '$6,750,000,000'. 1950 - Act June 28, 1950, substituted '$6,750,000,000' for '$4,750,000,000'. 1949 - Act Oct. 31, 1949, inserted proviso in next to last sentence. 1945 - Act Apr. 12, 1945, substituted '$4,750,000,000' for '$3,000,000,000'. 1943 - Act July 16, 1943, substituted '$3,000,000,000' for '$2,650,000,000'. 1941 - Act July 1, 1941, substituted '$2,650,000,000' for '$1,400,000,000'. 1940 - Act Aug. 9, 1940, substituted '$1,400,000,000 for '$900,000,000'. 1939 - Act Mar. 4, 1939, substituted $900,000,000' for '$500,000,000'. EFFECTIVE DATE OF 1978 AMENDMENT Section 301(d) of Pub. L. 95-279 provided that: 'The provisions of this section (amending this section and section 714b of this title and enacting provision set out as a note under section 714b of this title) shall become effective October 1, 1978.' -TRANS- EXCEPTIONS FROM TRANSFER OF FUNCTIONS For exception of functions of corporations of Department of Agriculture from transfer of functions to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions note set out under section 712a of this title. -MISC5- DISCHARGE OF INDEBTEDNESS Section 101 of act May 26, 1947, ch. 82, title I, 61 Stat. 109, provided in part that on the date of enactment of that Act (May 26, 1947) the Secretary of the Treasury was authorized and directed to discharge $641,832,080.64 of the indebtedness of the Commodity Credit Corporation to the Secretary of the Treasury by canceling notes in such amount issued by the Corporation to the Secretary of the Treasury pursuant to section 4 of the Act of March 8, 1938, as amended (this section). -CROSS- CROSS REFERENCES Provisions of section as applicable to federally chartered corporation, see section 714d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 713a-5, 714e of this title; title 7 section 1784. ------DocID 19535 Document 110 of 401------ -CITE- 16 USC Sec. 1a-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 1a-4. Uniform allowance -STATUTE- Notwithstanding section 5901(a) of title 5, the uniform allowance for uniformed employees of the National Park Service may be up to $400 annually. -SOURCE- (Pub. L. 91-383, Sec. 7, as added Pub. L. 94-458, Sec. 2, Oct. 7, 1976, 90 Stat. 1940.) ------DocID 19551 Document 111 of 401------ -CITE- 16 USC Sec. 4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 4. Rights-of-way through public lands -STATUTE- The provisions of sections 1, 2, and 3 of this title shall not affect or modify the provisions of section 79 of this title. -SOURCE- (Aug. 25, 1916, ch. 408, Sec. 4, 39 Stat. 536.) -REFTEXT- REFERENCES IN TEXT Section 79 of this title, referred to in text, was in the original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790. For further details, see Codification note set out under section 79 of this title. -CROSS- CROSS REFERENCES Uniform application of this section to all areas of national park system when not in conflict with specific provisions applicable to an area, see section 1c of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1c, 3, 20, 20f, 21b, 45f, 79i, 80d, 81g, 81h, 90c, 108, 111c, 119, 158, 159b, 160f, 197, 201b, 205a, 221b, 222, 230e, 231c, 245, 254, 264, 271d, 272d, 273d, 281d, 282a, 283c, 284a, 291b, 342, 345, 346a-2, 355a, 391b-1, 396b, 396d, 397d, 401, 403-3, 403b, 404b, 406d-2, 407a, 408b, 409e, 410b, 410r-7, 410w, 410z-4, 410ee, 410ff-3, 410gg-2, 410hh-2, 410ii-5, 410jj-4, 410kk-1, 410ll, 410mm-1, 410nn-1, 410oo-3, 410pp-2, 410qq-2, 410rr-3, 410rr-7, 410ss-1, 423h-2, 423l, 423o, 426m, 428d-3, 428o, 429a-2, 430m, 430cc, 430hh, 430ll, 430ss, 430uu-2, 433b, 433j, 441c, 442, 445c, 447c, 450, 450e-1, 450q, 450t, 450y-1, 450y-6, 450bb-1, 450cc-1, 450dd-1, 450ee-1, 450ff-2, 450hh-2, 450jj-5, 450mm-3, 450oo-9, 450pp-1, 459a-1, 459b-6, 459c-6, 459d-4, 459h-4, 459i-5, 460, 460m-5, 460m-12, 460m-15, 460s-5, 460w-5, 460bb-3, 460cc-2, 460dd-3, 460ee, 460ii-2, 460kk, 460uu-2, 460ww-1, 460yy-1, 460eee-1, 460fff-1, 467b, 698c, 698i, 698n, 1133, 3125 of this title; title 30 section 1014; title 36 section 4614; title 40 sections 319c, 803, 804; title 48 section 1705. ------DocID 19632 Document 112 of 401------ -CITE- 16 USC Sec. 19jj-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER III-B -HEAD- Sec. 19jj-4. Donations -STATUTE- The Secretary may accept donations of money or services for expenditure or employment to meet expected, immediate, or ongoing response costs. Such donations may be expended or employed at any time after their acceptance, without further congressional action. -SOURCE- (Pub. L. 101-337, Sec. 5, July 27, 1990, 104 Stat. 381.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 19jj-3 of this title. ------DocID 19689 Document 113 of 401------ -CITE- 16 USC Sec. 47-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-4. Agreements to effectuate leases -STATUTE- The Secretary of the Interior may enter into agreements with other Federal agencies and with any concessioner or its successor in order to effectuate the purposes of sections 47-2 to 47-6 of this title. -SOURCE- (Pub. L. 90-409, Sec. 3, formerly Sec. 2, July 21, 1968, 82 Stat. 393; renumbered Sec. 3, Pub. L. 99-542, Sec. 1(4), Oct. 27, 1986, 100 Stat. 3037.) -COD- CODIFICATION Section was classified to section 47-2(b) of this title prior to renumbering by Pub. L. 99-542. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-3, 47-6 of this title. ------DocID 19780 Document 114 of 401------ -CITE- 16 USC Sec. 90d-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER X -HEAD- Sec. 90d-4. Federal Power Act administrative jurisdiction unaffected -STATUTE- Nothing in this subchapter shall be construed to supersede, repeal, modify, or impair the jurisdiction of the Federal Power Commission under the Federal Power Act (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), in the lands and waters within the Skagit River Hydroelectric Project, Federal Energy and Regulatory Commission Project 553, including the proposed Copper Creek, High Ross, and Thunder Creek elements of the Project; and the Newhalem Project, Federal Energy and Regulatory Commission Project 2705, within the Ross Lake National Recreation Area; the lands and waters within the Lake Chelan Project, Federal Energy and Regulatory Commission Project 637; the Company Creek small hydroelectric project at Stehekin within the Lake Chelan National Recreation Area; and existing hydrologic monitoring stations necessary for the proper operation of the hydroelectric projects listed herein. -SOURCE- (Pub. L. 90-544, title V, Sec. 505, Oct. 2, 1968, 82 Stat. 930; Pub. L. 100-668, title II, Sec. 202, Nov. 16, 1988, 102 Stat. 3963.) -REFTEXT- REFERENCES IN TEXT The Federal Power Act, referred to in text, is act June 20, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally to chapter 12 (Sec. 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables. -MISC2- AMENDMENTS 1988 - Pub. L. 100-668 substituted 'in the lands and waters within the Skagit River Hydroelectric Project, Federal Energy and Regulatory Commission Project 553, including the proposed Copper Creek, High Ross, and Thunder Creek elements of the Project; and the Newhalem Project, Federal Energy and Regulatory Commission Project 2705, within the Ross Lake National Recreation Area; the lands and waters within the Lake Chelan Project, Federal Energy and Regulatory Commission Project 637; the Company Creek small hydroelectric project at Stehekin within the Lake Chelan National Recreation Area; and existing hydrologic monitoring stations necessary for the proper operation of the hydroelectric projects listed herein' for 'in the recreation areas'. -TRANS- TRANSFER OF FUNCTIONS Federal Power Commission terminated and functions, personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. ------DocID 19918 Document 115 of 401------ -CITE- 16 USC Sec. 192b-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XXI -HEAD- Sec. 192b-4. Acquisition of property to connect certain roads and to develop residential, utility, and administrative units -STATUTE- The Secretary of the Interior is authorized to acquire by purchase or otherwise such properties within the exterior boundaries of Rocky Mountain National Park as may be deemed by him to be necessary in connecting the eastern approach road with the existing Bear Lake and Trail Ridge roads, and in developing the present governmental residential, utility, and proposed administrative units. -SOURCE- (Aug. 24, 1949, ch. 501, Sec. 4, 63 Stat. 627.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 192b-5 of this title. ------DocID 20133 Document 116 of 401------ -CITE- 16 USC Sec. 343c-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XXXVII -HEAD- Sec. 343c-4. Exchange of lands; Rich property -STATUTE- The Secretary of the Interior may convey to one Maurice Rich, Senior, a portion of the Acadia National Park, comprising approximately one and eight-tenths acres in the town of Southwest Harbor, Maine, and in exchange therefor the Secretary may accept from said Maurice Rich, Senior, any property which in the Secretary's judgment is suitable for addition to the park. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. Any cash payment received by the Secretary shall be credited to the land and water conservation fund in the Treasury of the United States. A conveyance of the federally owned lot shall eliminate it from the park. -SOURCE- (Pub. L. 90-265, Mar. 12, 1968, 82 Stat. 46.) ------DocID 20143 Document 117 of 401------ -CITE- 16 USC Sec. 346a-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XXXVIII -HEAD- Sec. 346a-4. Boundary revision -STATUTE- The boundary of Zion National Park is hereby revised to include the area as generally depicted on the map entitled 'Land Ownership Types, Zion National Park, Utah', numbered 116-80,003, which map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior may acquire the property included by this section by donation only. -SOURCE- (Pub. L. 94-578, title III, Sec. 318, Oct. 21, 1976, 90 Stat. 2738.) ------DocID 20247 Document 118 of 401------ -CITE- 16 USC Sec. 403c-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLVI -HEAD- Sec. 403c-4. Forfeiture of property used in commission of offenses -STATUTE- All guns, traps, nets, seines, teams, horses, or means of transportation of every nature or description, used by any person or persons within the limits of said park when engaged in killing, trapping, ensnaring, taking, or capturing such wild beasts, birds, fish, or animals, shall be forfeited to the United States and may be seized by the officers in said park and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, nets, seines, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior. -SOURCE- (Aug. 19, 1937, ch. 703, Sec. 4, 50 Stat. 701.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Aug. 19, 1937, which is classified to sections 403c-1 to 403c-11 of this title. For complete classification of this Act to the Code, see Tables. ------DocID 20258 Document 119 of 401------ -CITE- 16 USC Sec. 403h-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLVI -HEAD- Sec. 403h-4. Forfeiture of property used in commission of offenses -STATUTE- All guns, traps, nets, seines, fishing tackle, teams, horses, or means of transportation of every nature or description used by any person or persons within the limits of said park when engaged in killing, trapping, ensnaring, taking, or capturing such wild birds, fish, or animals contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, shall be forfeited to the United States and may be seized by the officers in said park and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, nets, seines, fishing tackle, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior and the proceeds paid into the Treasury of the United States: Provided, That the forfeiture of teams, horses, or other means of transportation shall be in the discretion of the court. -SOURCE- (Apr. 29, 1942, ch. 264, Sec. 4, 56 Stat. 260.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Apr. 29, 1942, which is classified to sections 403h-1 to 403h-10 of this title. For complete classification of this Act to the Code, see Tables. ------DocID 20284 Document 120 of 401------ -CITE- 16 USC Sec. 404c-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLVII -HEAD- Sec. 404c-4. Forfeiture of property used in commission of offenses -STATUTE- All guns, traps, nets, seines, fishing tackle, teams, horses, or means of transportation of every nature or description used by any person or persons within the limits of the park when engaged in killing, trapping, ensnaring, taking, or capturing such wild birds, fish, or animals contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior shall be forfeited to the United States and may be seized by the officers in the park and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act, of such person or persons using said guns, traps, nets, seines, fishing tackle, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior: Provided, That the forfeiture of teams, horses, or other means of transportation shall be in the discretion of the court. -SOURCE- (June 5, 1942, ch. 341, Sec. 4, 56 Stat. 318.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 5, 1942, which is classified to sections 404c-1 to 404c-12 of this title. For complete classification of this Act to the Code, see Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 404c-10 of this title. ------DocID 20300 Document 121 of 401------ -CITE- 16 USC Sec. 406d-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLIX -HEAD- Sec. 406d-4. Acceptance of other lands by Secretary of the Interior -STATUTE- The Secretary of the Interior is authorized to accept the donation of the following-described lands, which lands, upon acceptance by the United States, shall become a part of the national park: SIXTH PRINCIPAL MERIDIAN Township 41 north, range 116 west: Section 3, lots 1 and 2. Containing seventy-eight and ninety-three one-hundredths acres, more or less. -SOURCE- (Sept. 14, 1950, ch. 950, Sec. 7, 64 Stat. 852.) -MISC1- REPEAL OF INCONSISTENT LAWS Repeal of laws inconsistent with act Sept. 14, 1950, see note set out under section 406d-1 of this title. ------DocID 20317 Document 122 of 401------ -CITE- 16 USC Sec. 407m-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LI -HEAD- Sec. 407m-4. Erection of replica of Graff House; maintenance -STATUTE- The Secretary is further authorized to erect on the site aforesaid, with donated funds, a replica of the Graff House and to furnish and maintain the same. -SOURCE- (Pub. L. 88-477, Sec. 2, Aug. 21, 1964, 78 Stat. 587.) -COD- CODIFICATION Section was not enacted as a part of act June 28, 1948, ch. 687, 62 Stat. 1061, as amended, which comprises this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 407m-6 of this title. ------DocID 20381 Document 123 of 401------ -CITE- 16 USC Sec. 410r-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIV -HEAD- Sec. 410r-4. Authorization of appropriations for reimbursement of revolving fund -STATUTE- There is hereby authorized to be appropriated to the emergency credit revolving fund, upon the transfer authorized in section 410r-3 of this title, such sum as may be necessary but not in excess of $452,000 to reimburse the fund for costs incurred by the Farmers Home Administration in connection with the aforesaid property. -SOURCE- (Pub. L. 88-588, Sec. 2, Sept. 12, 1964, 78 Stat. 933.) ------DocID 20399 Document 124 of 401------ -CITE- 16 USC Sec. 410y-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LVI -HEAD- Sec. 410y-4. Chesapeake and Ohio Canal National Historical Park Commission -STATUTE- (a) Establishment There is hereby established a Chesapeake and Ohio Canal National Historical Park Commission (hereafter in this section referred to as the 'Commission'). (b) Membership; appointment; term The Commission shall be composed of nineteen members appointed by the Secretary for terms of five years each, as follows: (1) Eight members to be appointed from recommendations submitted by the boards of commissioners or the county councils, as the case may be, of Montgomery, Frederick, Washington, and Allegany Counties, Maryland, of which two members shall be appointed from recommendations submitted by each such board or council, as the case may be; (2) Eight members to be appointed from recommendations submitted by the Governor of the State of Maryland, the Governor of the State of West Virginia, the Governor of the Commonwealth of Virginia, and the Commissioner of the District of Columbia, of which two members shall be appointed from recommendations submitted by each such Governor or Commissioner, as the case may be; and (3) Three members to be appointed by the Secretary, one of whom shall be designated Chairman of the Commission and two of whom shall be members of regularly constituted conservation organizations. (c) Vacancies Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. A member may serve after the expiration of his term until his successor has taken office. (d) Compensation and payment of expenses Members of the Commission shall serve without compensation, as such, but the Secretary is authorized to pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the Commission and its members in carrying out their responsibilities under this subchapter. (e) Consultation by Secretary The Secretary, or his designee, shall from time to time but at least annually, meet and consult with the Commission on general policies and specific matters related to the administration and development of the park. (f) Majority vote The Commission shall act and advise by affirmative vote of a majority of the members thereof. (g) Termination The Commission shall cease to exist thirty years from January 8, 1971. -SOURCE- (Pub. L. 91-664, Sec. 6, Jan. 8, 1971, 84 Stat. 1980; Pub. L. 96-555, Dec. 19, 1980, 94 Stat. 3260; Pub. L. 101-320, July 3, 1990, 104 Stat. 292.) -MISC1- AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-320, Sec. 1(a), inserted at end 'A member may serve after the expiration of his term until his successor has taken office.' Subsec. (g). Pub. L. 101-320, Sec. 1(b), substituted 'thirty' for 'twenty'. 1980 - Subsec. (g). Pub. L. 96-555 substituted 'twenty' for 'ten'. ------DocID 20407 Document 125 of 401------ -CITE- 16 USC Sec. 410z-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LVII -HEAD- Sec. 410z-4. Administration -STATUTE- When established as provided in section 410z of this title, the Boston National Historical Park shall be administered by the Secretary in accordance with the provisions of this subchapter, sections 1 and 2 to 4 of this title, as amended and supplemented, and sections 461 to 467 of this title. -SOURCE- (Pub. L. 93-431, Sec. 6, Oct. 1, 1974, 88 Stat. 1186.) ------DocID 20450 Document 126 of 401------ -CITE- 16 USC Sec. 410ff-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-D -HEAD- Sec. 410ff-4. Federal or federally assisted undertakings with respect to lands and waters within, adjacent to, or related to park -STATUTE- The head of any Federal agency having direct or indirect jurisidiction over a proposed Federal or federally assisted undertaking with respect to the lands and waters within or adjacent or related to the park, and the head of any Federal agency having authority to license or permit any undertaking with respect to such lands and waters, shall, prior to the approval of the expenditure of any Federal funds on such undertaking or prior to the issuance of any license or permit, as the case may be, afford the Secretary a reasonable opportunity to comment with regard to such undertaking and shall give due consideration to any comments made by the Secretary and to the effect of such undertaking on the purposes for which the park is established. -SOURCE- (Pub. L. 96-199, title II, Sec. 205, Mar. 5, 1980, 94 Stat. 76.) ------DocID 20459 Document 127 of 401------ -CITE- 16 USC Sec. 410gg-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-E -HEAD- Sec. 410gg-4. Revised comprehensive general management plan; submission to Congressional committees -STATUTE- Within two complete fiscal years from the effective date of this subchapter, the Secretary shall submit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, a revised comprehensive general management plan for the park consistent with the provisions of this subchapter and pursuant to the provisions of section 1a-7(b) of this title. -SOURCE- (Pub. L. 96-287, title I, Sec. 105, June 28, 1980, 94 Stat. 600.) -REFTEXT- REFERENCES IN TEXT The effective date of this subchapter, referred to in text, probably means the date of enactment of Pub. L. 96-287, which was approved on June 28, 1980. ------DocID 20466 Document 128 of 401------ -CITE- 16 USC Sec. 410hh-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-F -HEAD- Sec. 410hh-4. Commercial fishing -STATUTE- With respect to the Cape Krusenstern National Monument, the Malaspina Glacier Forelands area of Wrangell-Saint Elias National Preserve and the Dry Bay area of Glacier Bay National Preserve, the Secretary may take no action to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to existing law, including the use of public lands for campsites, cabins, motorized vehicles, and aircraft landings on existing airstrips, directly incident to the exercise of such rights or privileges except that this prohibition shall not apply to activities which the Secretary, after conducting a public hearing in the affected locality, finds constitute a significant expansion of the use of park lands beyond the level of such use during 1979. -SOURCE- (Pub. L. 96-487, title II, Sec. 205, Dec. 2, 1980, 94 Stat. 2384.) -CROSS- CROSS REFERENCES Establishment of Cape Krusenstern National Monument, see note set out under section 431 of this title. ------DocID 20473 Document 129 of 401------ -CITE- 16 USC Sec. 410ii-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-G -HEAD- Sec. 410ii-4. Cooperative agreements for the protection, preservation, and maintenance of archeological resources -STATUTE- The Secretary shall seek to enter into cooperative agreements with the owners, including the beneficial owners, of the properties located in whole in or in part within the park or the archeological protection sites. The purposes of such agreements shall be to protect, preserve, maintain, and administer the archeological resources and associated site regardless of whether title to the property or site is vested in the United States. Any such agreement shall contain provisions to assure that (1) the Secretary, or his representative, shall have a right of access at all reasonable times to appropriate portions of the property for the purpose of cultural resource protection and conducting research, and (2) no changes or alterations shall be permitted with respect to the cultural resources without the written consent of the Secretary. Nothing in this subchapter shall be deemed to prevent the continuation of traditional Native American religious uses of properties which are the subject of cooperative agreements. -SOURCE- (Pub. L. 96-550, title V, Sec. 505, Dec. 19, 1980, 94 Stat. 3229.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 410ii-3 of this title. ------DocID 20482 Document 130 of 401------ -CITE- 16 USC Sec. 410jj-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-H -HEAD- Sec. 410jj-4. Administration -STATUTE- (a) Laws governing The Secretary shall administer the park in accordance with the provisions of sections 1 and 2 to 4 of this title, and sections 461 to 467 of this title, and the provisions of this Act. (b) Emergency, temporary, and interim activities; cooperative agreements; expenditures; rehabilitation projects (1) With the approval of the owner thereof, the Secretary may undertake critical or emergency stabilization of utilities and historic structures, develop and occupy temporary office space, and conduct interim interpretive and visitor services on non-Federal property within the park. (2) The Secretary shall seek and may enter into cooperative agreements with the owner or owners of property within the park pursuant to which the Secretary may preserve, protect, maintain, construct, reconstruct, develop, improve, and interpret sites, facilities, and resources of historic, natural, architectural, and cultural significance. Such agreements shall be of not less than twenty years duration, may be extended and amended by mutual agreement, and shall include, without limitation, provisions that the Secretary shall have the right of access at reasonable times to public portions of the property for interpretive and other purposes, and that no changes or alterations shall be made in the property except by mutual agreement. Each such agreement shall also provide that the owner shall be liable to the United States in an amount equal to the fair market value of any capital improvements made to or placed upon the property in the event the agreement is terminated prior to its natural expiration, or any extension thereof, by the owner, such value to be determined as of the date of such termination, or, at the election of the Secretary, that the Secretary be permitted to remove such capital improvements within a reasonable time of such termination. Upon the expiration of such agreement, the improvements thereon shall become the property of the owner, unless the United States desires to remove such capital improvements and restore the property to its natural state within a reasonable time for such expiration. (3) Except for emergency, temporary, and interim activities as authorized in paragraph (1) of this subsection, no funds appropriated pursuant to this Act shall be expended on non-Federal property unless such expenditure is pursuant to a cooperative agreement with the owner. (4) The Secretary may stabilize and rehabilitate structures and other properties used for religious or sectarian purposes only if such properties constitute a substantial and integral part of the historical fabric of the Kalaupapa settlement, and only to the extent necessary and appropriate to interpret adequately the nationally significant historical features and events of the settlement for the benefit of the public. -SOURCE- (Pub. L. 96-565, title I, Sec. 105, Dec. 22, 1980, 94 Stat. 3322.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (b)(3), is Pub. L. 96-565, Dec. 22, 1980, 94 Stat. 3321, which enacted this subchapter and provisions set out as a note under section 2991a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables. ------DocID 20504 Document 131 of 401------ -CITE- 16 USC Sec. 410nn-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-L -HEAD- Sec. 410nn-4. Authorization of appropriations -STATUTE- There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter, but not to exceed $200,000 for planning. -SOURCE- (Pub. L. 100-348, Sec. 7, June 27, 1988, 102 Stat. 658.) ------DocID 20510 Document 132 of 401------ -CITE- 16 USC Sec. 410oo-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-M -HEAD- Sec. 410oo-4. Natchez Trace study -STATUTE- The Secretary shall prepare, in consultation with the city of Natchez, a study of the feasibility of extending the Natchez Trace within the city of Natchez, including the acceptance of donations of rights-of-way. The Secretary shall transmit the study to the Committee on Interior and Insular Affairs of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate within one year after October 7, 1988. -SOURCE- (Pub. L. 100-479, Sec. 5, Oct. 7, 1988, 102 Stat. 2326.) ------DocID 20518 Document 133 of 401------ -CITE- 16 USC Sec. 410pp-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-N -HEAD- Sec. 410pp-4. Establishment of Zuni-Cibola Advisory Commission -STATUTE- (a) Establishment (1) There is established within the Department of the Interior a commission to be known as the Zuni-Cibola National Historical Park Advisory Commission which shall advise regularly the Director of the National Park Service on the planning, management, and administration of the park. The Advisory Commission shall consist of the Governor of the Zuni Tribe, the Director of the National Park Service, the Secretary of the Smithsonian Institution, the State Historic Preservation Officer of New Mexico (or their designees), and three members appointed by the Secretary from recommendations made by the Governor of the Zuni Tribe. (2) The Advisory Commission is authorized to employ an administrative director who shall be appointed by the Advisory Commission and who shall be paid at a rate not to exceed the rate of pay payable for grade GS-12 of the General Schedule. (3) The administrative director of the Advisory Commission may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51, and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the individual so appointed may not receive pay in excess of the annual rate of basic pay payable for grade GS-12 of the General Schedule. (4) The Administrator of the General Services Administration shall provide to the Advisory Commission on a reimbursable basis such administrative support services as the Advisory Commission may request. (b) Terms The initial terms of members of the Advisory Commission appointed by the Secretary pursuant to subsection (a) of this section shall be staggered, as determined by the Secretary, in order to assure continuity in the administration of the Advisory Commission. Thereafter the term shall be four years. Any member of the Advisory Commission appointed for a definite term may serve after the expiration of such member's term until a successor is appointed. A vacancy in the Advisory Commission shall be filled in the manner in which the original appointment was made. The advisory (FOOTNOTE 1) Commission shall exist for the duration of a leasehold accepted by the Secretary pursuant to section 410pp-1 of this title, and any extensions or renewals thereof. (FOOTNOTE 1) So in original. Probably should be capitalized. (c) Expenses The non-Federal members of the Advisory Commission appointed pursuant to subsection (a) of this section while away from their homes or regular places of business in the performance of services for the Advisory Commission, shall be allowed travel and all other related expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5. (d) Chair The Governor of the Zuni Tribe shall be the Chair of the Advisory Commission. Other officers of the Advisory Commission shall be elected by a majority of the members of the Advisory Commission to serve for terms established by the Advisory Commission. (e) Meetings The Advisory Commission shall meet at the call of the Chair or a majority of its members. Consistent with the public meeting requirements of the Federal Advisory Committee Act, the Advisory Commission shall from time to time meet with persons concerned with park issues relating to the Zuni Tribe. (f) Application of Federal Advisory Committee Act Except with respect to any requirement for reissuance of a charter and except as otherwise provided in this subchapter, the provisions of the Federal Advisory Committee Act shall apply to the Advisory Commission established by this section. -SOURCE- (Pub. L. 100-567, Sec. 6, Oct. 31, 1988, 102 Stat. 2849.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in subsec. (a)(2), (3), is set out under section 5332 of Title 5, Government Organization and Employees. The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (a)(3), are classified generally to section 3301 et seq. of Title 5. The Federal Advisory Committee Act, referred to in subsecs. (e) and (f), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 410pp-2, 410pp-7 of this title. ------DocID 20528 Document 134 of 401------ -CITE- 16 USC Sec. 410qq-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-O -HEAD- Sec. 410qq-4. Authorization of appropriations -STATUTE- There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. -SOURCE- (Pub. L. 100-571, Sec. 5, Oct. 31, 1988, 102 Stat. 2883.) ------DocID 20534 Document 135 of 401------ -CITE- 16 USC Sec. 410rr-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-P -HEAD- Sec. 410rr-4. Management plan -STATUTE- Within 3 full fiscal years from the date funding is made available for the purposes of preparing a general management plan, the Secretary shall develop and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives, a general management plan for the park consistent with the purposes of this subchapter, including (but not limited to) - (1) a general visitor use and interpretive program that fully considers the prehistoric and historic aspects of the national historical park including the 'gateway theme' and early Spanish settlement of New Mexico; (2) a statement on the number of visitors and types of public uses within the park which can be reasonably accommodated in accordance with the protection of its resources; and (3) a general development plan for the park, including the estimated cost thereof. -SOURCE- (Pub. L. 101-313, title II, Sec. 205, June 27, 1990, 104 Stat. 279.) ------DocID 20586 Document 136 of 401------ -CITE- 16 USC Sec. 424a-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 424a-4. Acquisition of additional lands -STATUTE- The Secretary of the Interior is authorized to accept, as an addition to Chickamauga and Chattanooga National Military Park, donations of not to exceed one thousand and four hundred acres of land and interests in land situated generally within the Moccasin Bend of the Tennessee River lying west of the city of Chattanooga. All property acquired pursuant to this section shall become a part of the national military park upon the issuance of an appropriate order, or orders, by the Secretary of the Interior setting forth the revised boundaries of the park, such order or orders to be effective upon publication in the Federal Register. Lands so added to the park shall thereafter be subject to all laws and regulations applicable to the park. -SOURCE- (Aug. 3, 1950, ch. 532, Sec. 1, 2, 64 Stat. 405.) ------DocID 20650 Document 137 of 401------ -CITE- 16 USC Sec. 429b-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 429b-4. Funds from Land and Water Conservation Fund -STATUTE- (a) Maximum amount usable for acquisition of property In addition to sums heretofore expended for the acquisition of property and interests therein for the park, from funds available for expenditure from the Land and Water Conservation Fund, as established under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), not more than a total of $8,700,000 may be expended for the acquisition of property and interests therein under sections 429b to 429b-5 of this title. (b) Completion of acquisition in two years It is the express intent of Congress that, except for property referred to in section 429b-1(b) of this title, the Secretary shall acquire property and interests therein under sections 429b to 429b-5 of this title within two complete fiscal years after October 13, 1980. -SOURCE- (Apr. 17, 1954, ch. 153, Sec. 5, as added Oct. 13, 1980, Pub. L. 96-442, Sec. 2, 94 Stat. 1886.) -REFTEXT- REFERENCES IN TEXT The Land and Water Conservation Fund Act of 1965, referred to in subsec. (a), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is classified generally to part B (Sec. 460l-4 et seq.) of subchapter LXIX of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 460l-4 of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 429b to 429b-3, 429b-5 of this title. ------DocID 20665 Document 138 of 401------ -CITE- 16 USC Sec. 430f-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 430f-4. Jurisdiction of lands -STATUTE- Upon the delivery and acceptance of the conveyance herein authorized, any jurisdiction heretofore ceded to the United States by the State of Tennessee over the lands conveyed shall thereby cease and determine and shall thereafter vest and be in the State of Tennessee. -SOURCE- (Pub. L. 85-406, Sec. 4, May 16, 1958, 72 Stat. 115.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means Pub. L. 85-406, which is classified to sections 430f-1 to 430f-4 of this title. For complete classification of this Act to the Code, see Tables. ------DocID 20670 Document 139 of 401------ -CITE- 16 USC Sec. 430g-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 430g-4. Gettysburg National Military Park boundary revision -STATUTE- (a) Lands included in park In furtherance of the purposes of section 430g of this title, the Gettysburg National Military Park (hereafter in sections 430g-4 to 430g-10 of this title referred to as the 'park') shall on and after August 17, 1990, comprise the lands and interests in lands within the boundary generally depicted as 'Park Boundary' on the map entitled 'Gettysburg National Military Park Boundary Map', numbered NPS 305/80034-B, and dated March 1990, which shall be on file and available for public inspection in the Office of the Director of the National Park Service, Department of the Interior. (b) Lands excluded from park Lands and interests in lands outside of the boundary so depicted as 'Park Boundary' on the map referred to in subsection (a) of this section are hereby excluded from the park and shall be disposed of in accordance with the provisions of section 430g-5(c) of this title. -SOURCE- (Pub. L. 101-377, Sec. 1, Aug. 17, 1990, 104 Stat. 464.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 430g-5, 430g-6, 430g-8, 430g-10 of this title. ------DocID 20681 Document 140 of 401------ -CITE- 16 USC Sec. 430h-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 430h-4. Jurisdiction over lands and roads -STATUTE- Upon the delivery and acceptance of the conveyances herein authorized, any jurisdiction heretofore ceded to the United States by the State of Mississippi over the lands and roads transferred shall thereby cease and thereafter rest in the State of Mississippi. -SOURCE- (Pub. L. 88-37, Sec. 2, June 4, 1963, 77 Stat. 56.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 430h-5 of this title. ------DocID 20732 Document 141 of 401------ -CITE- 16 USC Sec. 430uu-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LX -HEAD- Sec. 430uu-4. Authorization of appropriation -STATUTE- There are authorized to be appropriated such sums not exceeding $42,500 as are necessary for the acquisition of lands and interests in land pursuant to sections 430uu to 430uu-4 of this title. -SOURCE- (Pub. L. 88-24, Sec. 5, May 17, 1963, 77 Stat. 19; Pub. L. 92-272, title I, Sec. 101(2), Apr. 11, 1972, 86 Stat. 120.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-272 substituted '$42,500' for '$20,000'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 430uu-2, 430uu-4 of this title. ------DocID 20818 Document 142 of 401------ -CITE- 16 USC Sec. 450y-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450y-4. Acquisition of property; donations -STATUTE- Upon submission of title satisfactory to him, the Secretary of the Interior, on behalf of the United States, may accept lands and interests in lands which are within the memorial area but are not in Federal ownership and which are offered to the United States without cost. -SOURCE- (Aug. 18, 1941, ch. 365, Sec. 5, 55 Stat. 631.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 450y-1, 450y-2, 450y-3, 450y-5 of this title. ------DocID 20830 Document 143 of 401------ -CITE- 16 USC Sec. 450bb-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450bb-4. Acceptance and purchase of lands and improvements; payment; exchange of lands -STATUTE- (a) The Secretary of the Interior may accept the conveyance of all right, title, and interest of the trustees of Storer College in and to the lands and improvements in Harpers Ferry, West Virginia, granted to their predecessors for educational purposes pursuant to section 2 of the Act of December 15, 1868 (15 Stat. 266), upon payment to said trustees of not more than the current fair market value of the improvements located upon such lands. The Secretary may also purchase lands, interests therein, and improvements thereon, which lands were granted to the trustees of Storer College pursuant to such Act of 1868 and subsequently were alienated by the trustees: Provided, That he may pay not in excess of the amount paid therefor by the then owners plus the cost of existing improvements placed thereon by them, and, in no event may he pay more than the current fair market value. The Secretary may also purchase from the trustees of Storer College, at not more than their fair market value, other lands and interests in lands acquired by them or their predecessors as a part of the college site, together with any improvements thereon. In addition, up to seven acres of privately owned lands, interests therein, and improvements thereon, which are interspersed with the aforesaid college lands may be purchased by the Secretary. Lands and interests purchased under this subsection may be exchanged for other lands, and interests therein, of approximately equal value, which comprise the college and interspersed lands otherwise authorized herein for purchase. (b) To facilitate the acquisition of the original site of the engine house known as John Brown's 'Fort' and the old Federal arsenal, the Secretary of the Interior is authorized to exchange therefor federally owned park lands or interests in lands of approximately equal value in the vicinity of Cumberland, Maryland, which he finds are no longer required for park purposes. -SOURCE- (Pub. L. 86-655, Sec. 2, July 14, 1960, 74 Stat. 520.) -REFTEXT- REFERENCES IN TEXT Section 2 of the Act of December 15, 1868, referred to in subsec. (a), means act Dec. 15, 1868, ch. 2, Sec. 2, 15 Stat. 266, which was not classified to the Code. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 450bb-5 of this title. ------DocID 20843 Document 144 of 401------ -CITE- 16 USC Sec. 450ff-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450ff-4. Acquisition of lands -STATUTE- The Secretary of the Interior may acquire in such manner as he may consider to be in the public interest the non-Federal lands and interests in lands within the revised boundaries. -SOURCE- (Pub. L. 87-78, Sec. 2, June 30, 1961, 75 Stat. 197.) ------DocID 20858 Document 145 of 401------ -CITE- 16 USC Sec. 450jj-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450jj-4. Transfer of land -STATUTE- Where appropriate in the discretion of the Secretary of the Interior, he may transfer by lease or otherwise, to any appropriate person or governmental entity, land owned by the United States (or any interest therein) which has been acquired by the Secretary under section 450jj-3 of this title. Any such transfer shall be consistent with the management plan for the area and with the requirements of section 460l-22 of this title and shall be subject to such conditions and restrictions as the Secretary deems necessary to carry out the purposes of sections 450jj to 450jj-9 of this title, including terms and conditions which provide for - (1) the continuation of existing uses of the land which are compatible with the Memorial, (2) the protection of the important historical resources of the leased area, and (3) the retention by the Secretary of such access and development rights as the Secretary deems necessary to provide for appropriate visitor use and resource management. In transferring any lands or interest in lands under this section, the Secretary shall take into account the views of the Commission established under section 450jj-7 of this title. -SOURCE- (May 17, 1954, ch. 204, Sec. 5, as added Aug. 24, 1984, Pub. L. 98-398, title II, Sec. 201(a), 98 Stat. 1468.) -MISC1- PRIOR PROVISIONS A prior section 5 of act May 17, 1954, which contained a limitation on the appropriation authorization and a prohibition on expenditure of Government funds and which was classified as a note under section 450jj of this title, was eliminated by the amendment made by Pub. L. 85-936, Sept. 6, 1958, 72 Stat. 1794. ------DocID 20878 Document 146 of 401------ -CITE- 16 USC Sec. 450oo-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450oo-4. Employment preferences -STATUTE- The Secretary of the Interior shall, insofar as practicable, give first preference to employment of recognized members of the Minnesota Chippewa Tribe in the performance of any construction, maintenance, or any other service within the monument for which they are qualified. -SOURCE- (Pub. L. 85-910, Sec. 5, Sept. 2, 1958, 72 Stat. 1753.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 450oo, 450oo-9 of this title. ------DocID 20889 Document 147 of 401------ -CITE- 16 USC Sec. 450qq to 450qq-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450qq to 450qq-4. Omitted -COD- CODIFICATION Sections provided for the Biscayne National Monument which was abolished and its lands, waters, and interests incorporated within and made part of the Biscayne National Park and funds of and authorizations of funds for the Monument made available for the Park pursuant to Pub. L. 96-287, title I, Sec. 103(b), June 28, 1980, 94 Stat. 600, classified to section 410gg-2(b) of this title. Section 450qq, Pub. L. 90-606, Sec. 1, Oct. 18, 1968, 82 Stat. 1188, authorized establishment of the Monument, made drawings of the Monument area available for public inspection in the offices of the National Park Service, authorized revision of boundaries, prescribed limitation of ninety-six thousand three hundred acres, and prohibited outward revision of the Monument or obstruction of prospective seaport channels. See section 410gg of this title. Section 450qq-1, Pub. L. 90-606, Sec. 2, Oct. 18, 1968, 82 Stat. 1188, provided for acquisition of property, authorized maximum of eighty acres for a mainland headquarters site and forty acres for a Key Largo visitor contact site, and authorized exchange of Federal for non-Federal property, including cash equalization payments. See section 410gg-1 of this title. Section 450qq-2, Pub. L. 90-606, Sec. 3, Oct. 18, 1968, 82 Stat. 1189, required the donation and transfer of State lands as condition for establishment of the Monument and Federal acquisition of other lands, and authorized land options for the Secretary and acquisitions to be made after State transfers. Section 450qq-3, Pub. L. 90-606, Sec. 4, Oct. 18, 1968, 82 Stat. 1189, provided for administration of the Monument and recognition of fishing rights under Florida law as otherwise regulated by the Secretary. See section 410gg-2 of this title. Section 450qq-4, Pub. L. 90-606, Sec. 5, Oct. 18, 1968, 82 Stat. 1189; Pub. L. 93-477, title I, Sec. 101(1), Oct. 26, 1974, 88 Stat. 1445; Pub. L. 95-625, title I, Sec. 101(4), Nov. 10, 1978, 92 Stat. 3470, authorized appropriation of $28,350,000 and $6,565,000 for land acquisition and development. See section 410gg-5 of this title. ------DocID 20894 Document 148 of 401------ -CITE- 16 USC Sec. 450rr-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXI -HEAD- Sec. 450rr-4. International agreement -STATUTE- (a) Negotiations The Secretary is directed to enter into negotiations with the United Kingdom, France, Canada, and other interested nations to develop an international agreement which provides for - (1) the designation of the R.M.S. Titanic as an international maritime memorial; and (2) research on, exploration of, and if appropriate, salvage of the R.M.S. Titanic consistent with the international guidelines developed pursuant to section 450rr-3 of this title and the purposes of sections 450rr to 450rr-6 of this title. (b) Consultation with Administrator In carrying out the requirements of subsection (a) of this section, the Secretary shall consult with the Administrator, who shall provide research and technical assistance to the Secretary. (c) Reports to Congressional committees on progress of negotiations and consultations The Secretary and the Administrator shall report semiannually to the Committee on Merchant Marine and Fisheries and the Committee on Foreign Affairs in the House of Representatives and to the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation in the Senate on the progress of the negotiations and consultations. (d) Notification of agreement and recommendations to Congressional committees Upon adoption of an international agreement as described in subsection (a) of this section, the Secretary shall provide notification of the agreement and recommendations for legislation to implement the agreement to the Committee on Merchant Marine and Fisheries and the Committee on Foreign Affairs in the House of Representatives and to the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation in the Senate. -SOURCE- (Pub. L. 99-513, Sec. 6, Oct. 21, 1986, 100 Stat. 2083.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 450rr, 450rr-1, 450rr-3, 450rr-5, 450rr-6 of this title. ------DocID 20919 Document 149 of 401------ -CITE- 16 USC Sec. 459a-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459a-4. Omitted -COD- CODIFICATION Section, acts June 3, 1948, ch. 393, 62 Stat. 301; June 30, 1949, ch. 288, title I, Sec. 105(a), 63 Stat. 381, which transferred lands in Dare County, North Carolina, to the administrative jurisdiction of the Department of the Interior to be administered as a part of the Cape Hatteras National Seashore Recreational Area project, is omitted in view of Pub. L. 87-313, set out as a note under this section. -MISC3- DISPOSAL OF LANDS Pub. L. 87-313, Sept. 26, 1961, 75 Stat. 675, provided: 'That the tract of Federal property comprising eight and one-tenth acres of land situated in Dare County, North Carolina, approximately two miles north of Kitty Hawk, which was transferred to the administrative jurisdiction of the Department of the Interior by the Act of June 3, 1948 (62 Stat. 301; 16 U.S.C. 459a (this section)), to be administered as a part of the Cape Hatteras National Seashore Recreational Area, may be disposed of by the Administrator of General Services in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.).' ------DocID 20930 Document 150 of 401------ -CITE- 16 USC Sec. 459b-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459b-4. Zoning regulations -STATUTE- (a) Standards for approval; submission to Congress and municipalities; publication in Federal Register; approval of local bylaws; revocation of approval As soon after August 7, 1961, as may be practicable, the Secretary shall issue regulations specifying standards for approval by him of zoning bylaws for purposes of section 459b-3 of this title. The Secretary may issue amended regulations specifying standards for approval by him of zoning bylaws whenever he shall consider such amended regulations to be desirable due to changed or unforeseen conditions. All regulations and amended regulations proposed to be issued under authority of the two preceding sentences of this subsection shall be submitted to the Congress and to the towns named in section 459b of this title at least ninety calendar days (which ninety days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) before they become effective and the Secretary shall, before promulgating any such proposed regulations or amended regulations in final form, take due account of any suggestions for their modification which he may receive during said ninety-day period. All such regulations and amended regulations shall, both in their proposed form and in their final form, be published in the Federal Register. The Secretary shall approve any zoning bylaw and any amendment to any approved zoning bylaws submitted to him which conforms to the standards contained in the regulations in effect at the time of the adoption by the town of such bylaw or such amendment unless before the time of adoption he has submitted to the Congress and the towns and published in the Federal Register as aforesaid proposed amended regulations with which the bylaw or amendment would not be in conformity, in which case he may withhold his approval pending completion of the review and final publication provided for in this subsection and shall thereafter approve the bylaw or amendment only if it is in conformity with the amended regulations in their final form. Such approval shall not be withdrawn or revoked, nor shall its effect be altered for purposes of section 459b-3 of this title by issuance of any such amended regulations after the date of such approval, so long as such bylaw or such amendment remains in effect as approved. (b) Commercial and industrial use prohibition; acreage, frontage, setback and miscellaneous requirements The standards specified in such regulations and amended regulations for approval of any zoning bylaw or zoning bylaw amendment shall contribute to the effect of (1) prohibiting the commercial and industrial use, other than any commercial or industrial use which is permitted by the Secretary, of all property within the boundaries of the seashore which is situated within the town adopting such bylaw; and (2) promoting the preservation and development, in accordance with the purposes of sections 459b to 459b-8 of this title, of the area comprising the seashore, by means of acreage, frontage, and setback requirements and other provisions which may be required by such regulations to be included in a zoning bylaw consistent with the laws of Massachusetts. (c) Adverse provisions and absence of notice for variance as requiring disapproval of local bylaws No zoning bylaw or amendment of a zoning bylaw shall be approved by the Secretary which (1) contains any provision which he may consider adverse to the preservation and development, in accordance with the purposes of sections 459b to 459b-8 of this title, of the area comprising the seashore, or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under and any exception made to the application of such bylaw or amendment. (d) Termination of suspension of authority for acquisition by condemnation because of nonconforming variances and uses; agreements concerning exercise of authority If any improved property with respect to which the Secretary's authority to acquire by condemnation has been suspended by reason of the adoption and approval, in accordance with the foregoing provisions of this section, of a zoning bylaw applicable to such property (hereinafter referred to as 'such bylaw') - (1) is made the subject of a variance under or an exception to such bylaw, which variance or exception fails to conform or is in any manner opposed to or inconsistent with any applicable standard contained in the regulations issued pursuant to this section and in effect at the time of the passage of such bylaw, or (2) is property upon or with respect to which there occurs any use, commencing after the date of the publication by the Secretary of such regulations, which fails to conform or is in any manner opposed to or inconsistent with any applicable standard contained in such regulations (but no use which is in conformity with the provisions of such bylaw shall be held to fail to conform or be opposed to or inconsistent with any such standard), the Secretary may, at any time and in his discretion, terminate the suspension of his authority to acquire such improved property by condemnation: Provided, however, That the Secretary may agree with the owner or owners of such property to refrain from the exercise of the said authority during such time and upon such terms and conditions as the Secretary may deem to be in the best interests of the development and preservation of the seashore. -SOURCE- (Pub. L. 87-126, Sec. 5, Aug. 7, 1961, 75 Stat. 290.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459b-1 to 459b-3, 459b-5 to 459b-8 of this title. ------DocID 20939 Document 151 of 401------ -CITE- 16 USC Sec. 459c-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459c-4. Point Reyes National Seashore -STATUTE- (a) Establishment; notice in Federal Register As soon as practicable after September 13, 1962, and following the acquisition by the Secretary of an acreage in the area described in section 459c-1 of this title, that is in the opinion of the Secretary efficiently administrable to carry out the purposes of sections 459c to 459c-7 of this title, the Secretary shall establish Point Reyes National Seashore by the publication of notice thereof in the Federal Register. (b) Distribution of notice and map Such notice referred to in subsection (a) of this section shall contain a detailed description of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 459c-1 of this title. The Secretary shall forthwith after the date of publication of such notice in the Federal Register (1) send a copy of such notice, together with a map showing such boundaries, by registered or certified mail to the Governor of the State and to the governing body of each of the political subdivisions involved; (2) cause a copy of such notice and map to be published in one or more newspapers which circulate in each of the localities; and (3) cause a certified copy of such notice, a copy of such map, and a copy of sections 459c to 459c-7 of this title to be recorded at the registry of deeds for the county involved. -SOURCE- (Pub. L. 87-657, Sec. 4, formerly Sec. 5, Sept. 13, 1962, 76 Stat. 540, renumbered Pub. L. 91-223, Sec. 2(c), Apr. 3, 1970, 84 Stat. 90.) -MISC1- AMENDED DESCRIPTION OF BOUNDARIES OF POINT REYES NATIONAL SEASHORE; PUBLICATION IN FEDERAL REGISTER Pub. L. 93-550, title II, Sec. 202, Dec. 26, 1974, 88 Stat. 1744, provided that: 'The Secretary of the Interior shall, as soon as practicable after the date of enactment of this title (Dec. 26, 1974), publish an amended description of the boundaries of the Point Reyes National Seashore in the Federal Register, and thereafter he shall take such action with regard to such amended description and the map referred to in section 201 of this title (amending section 459c-1 of this title) as is required in the second sentence of subsection (b) of section 4 of the act of September 13, 1962, as amended (subsec. (b) of this section).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459c-2, 459c-5, 459c-6, 459c-6b, 459c-7 of this title. ------DocID 20949 Document 152 of 401------ -CITE- 16 USC Sec. 459d-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459d-4. Administration; utilization of authority for conservation and management of natural resources -STATUTE- Except as otherwise provided in sections 459d to 459d-7 of this title, the property acquired by the Secretary under such sections shall be administered by the Secretary, subject to the provisions of sections 1 and 2 to 4 of this title, as amended and supplemented, and in accordance with other laws of general application relating to the areas administered and supervised by the Secretary through the National Park Service; except that authority otherwise available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of sections 459d to 459d-7 of this title. -SOURCE- (Pub. L. 87-712, Sec. 5, Sept. 28, 1962, 76 Stat. 652.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459d-1, 459d-2, 459d-6, 459d-7 of this title. ------DocID 20957 Document 153 of 401------ -CITE- 16 USC Sec. 459e-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459e-4. Hunting and fishing regulations -STATUTE- The Secretary shall permit hunting, fishing, and shellfishing on lands and waters under his administrative jurisdiction within the Fire Island National Seashore in accordance with the laws of New York and the United States of America, except that the Secretary may designate zones where, and establish periods when, no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment. Any regulations of the Secretary under this section shall be issued after consultation with the Conservation Department of the State of New York. -SOURCE- (Pub. L. 88-587, Sec. 5, Sept. 11, 1964, 78 Stat. 931.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459e-1, 459e-2, 459e-5, 459e-6, 459e-7, 459e-9 of this title. ------DocID 20970 Document 154 of 401------ -CITE- 16 USC Sec. 459f-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459f-4. Hunting and fishing provisions -STATUTE- The Secretary shall permit hunting and fishing on land and waters under his control within the seashore in accordance with the appropriate State laws, to the extent applicable, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management or public use and enjoyment: Provided, That nothing in sections 459f to 459f-11 of this title, shall limit or interfere with the authority of the States to permit or to regulate shellfishing in any waters included in the national seashore: Provided further, That nothing in said sections shall add to or limit the authority of the Federal Government in its administration of Federal laws regulating migratory waterfowl. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State agency responsible for hunting and fishing activities. The provisions of this section shall not apply to the Chincoteague National Wildlife Refuge. -SOURCE- (Pub. L. 89-195, Sec. 5, Sept. 21, 1965, 79 Stat. 826.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459f, 459f-1, 459f-2, 459f-5, 459f-7, 459f-10 of this title. ------DocID 20982 Document 155 of 401------ -CITE- 16 USC Sec. 459g-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459g-4. Administration; public outdoor recreation and enjoyment; utilization of authorities for conservation and development of natural resources -STATUTE- The Secretary shall administer the Cape Lookout National Seashore for the general purposes of public outdoor recreation, including conservation of natural features contributing to public enjoyment. In the administration of the seashore and the administrative site, the Secretary may utilize such statutory authorities relating to areas administered and supervised by the Secretary through the National Park Service and such statutory authorities otherwise available to him for the conservation and management of natural resources as he deems appropriate to carry out the purposes of sections 459g to 459g-7 of this title. -SOURCE- (Pub. L. 89-366, Sec. 5, Mar. 10, 1966, 80 Stat. 35.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459g-1, 459g-2, 459g-5, 459g-7 of this title. ------DocID 20990 Document 156 of 401------ -CITE- 16 USC Sec. 459h-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459h-4. Administration of seashore; conservation and management of wildlife and natural resources; authority to designate areas as national historic sites -STATUTE- Except as otherwise provided in sections 459h to 459h-10 of this title, the Secretary shall administer the seashore in accordance with sections 1 and 2 to 4 of this title, as amended and supplemented. In the administration of the seashore the Secretary may utilize such statutory authorities available to him for the conservation and management of wildlife natural resources as he deems appropriate to carry out the purposes of sections 459h to 459h-10 of this title. With respect to Fort Redoubt, Fort San Carlos, Fort Barrancas at Pensacola Naval Air Station, Fort Pickens on Santa Rosa Island, and Fort McRee on Perdido Key, Florida, and Fort Massachusetts on Ship Island, Mississippi, together with such adjacent lands as the Secretary may designate, the Secretary shall administer such lands so as to recognize, preserve, and interpret their national historical significance in accordance with sections 461 to 467 of this title, and he may designate them as national historic sites. -SOURCE- (Pub. L. 91-660, Sec. 5, Jan. 8, 1971, 84 Stat. 1968.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459h-1, 459h-5, 459h-6, 459h-8, 459h-9 of this title. ------DocID 21001 Document 157 of 401------ -CITE- 16 USC Sec. 459i-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459i-4. Hunting and fishing -STATUTE- The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the boundaries of the seashore in accordance with the appropriate laws of Georgia and the United States to the extent applicable, except that he may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. Except in emergencies, any regulations prescribing any such restrictions shall be put into effect only after consultation with the appropriate State agency responsible for hunting, fishing, and trapping activities. -SOURCE- (Pub. L. 92-536, Sec. 5, Oct. 23, 1972, 86 Stat. 1068.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459i-2, 459i-5, 459i-6, 459i-7 of this title. ------DocID 21011 Document 158 of 401------ -CITE- 16 USC Sec. 459j-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIII -HEAD- Sec. 459j-4. Administration, protection, and development -STATUTE- (a) Conservation and management of natural resources The seashore shall be administered, protected, and developed in accordance with the provisions of sections 1 and 2 to 4 of this title, as amended and supplemented, except that any other statutory authority available to the Secretary for the conservation management of natural resources may be utilized to the extent he finds such authority will further the purposes of sections 459j to 459j-8 of this title. (b) Administration of lands in Merritt Island National Wildlife Refuge Notwithstanding any other provisions of sections 459j to 459j-8 of this title, lands and waters in the Merritt Island National Wildlife Refuge as described in subsection (c)(2) of this section which are part of the seashore shall be administered for refuge purposes through the United States Fish and Wildlife Service pursuant to the National Wildlife Refuge System Administration Act, as amended (80 Stat. 926; 16 U.S.C. 668dd-668ee), except that the Secretary may utilize such additional authority as may be available to him for the conservation and management of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretive education as he deems appropriate, consistent with the preservation of natural and wildlife values. (c) Division of management authority between National Park Service and United States Fish and Wildlife Service The Secretary shall cause to be issued a well defined division of management authority between the National Park Service and the United States Fish and Wildlife Service. It is the intent and purpose of sections 459j to 459j-8 of this title that such management authority, generally, shall be as follows: (1) The National Park Service shall administer those lands and waters described as follows: beginning at the intersection of State Highway 3 and State Road 402; thence easterly along State Road 402 and continuing easterly in a straight line to a point one-half mile offshore in the Atlantic Ocean, following the southern boundary of the seashore created in section 1; thence northwesterly along the boundary of the seashore created in section 1, which line is at each point one-half mile distance from the high water mark, to Bethune Beach; thence inland in a generally, westerly direction through Turner Flats and Shipyard Canal; thence northwesterly to the Intracoastal Waterway; thence southerly along the Intracoastal Waterway to the boundary of the Kennedy Space Center; then southwesterly to United States Highway 1; thence southerly along State Highway 3 to the northern boundary of H. M. Gomez Grant; thence easterly along the northern boundary of H. M. Gomez Grant and continuing easterly in a straight line to a point of intersection with the line between the marsh and the dunes; thence southerly along the line between the marsh and the dunes to a point approximately one-half mile north of the southern boundary of the seashore created in section 1; thence westerly in a straight line to connect with and to follow the Government Railroad to its intersection with State Highway 3; thence southerly along State Highway 3 to the point of beginning. The portion of land bounded by the northern boundary of the H. M. Gomez Grant is hereby transferred to the Secretary of the Interior and may be used for the purpose of establishing such facilities as are needed for the administration of the seashore, for the construction of the principal visitor center which shall be designated as the 'Spessard L. Holland Visitor Center', and for a central access to the seashore: Provided, however, That the Secretary of the Interior, upon the request of the Administrator of the National Aeronautics and Space Administration, shall close this area or any part thereof to the public when necessary for space operations. In administering the shoreline and adjacent lands the Secretary shall retain such lands in their natural and primitive condition, shall prohibit vehicular traffic on the beach except for administrative purposes, and shall develop only those facilities which he deems essential for public health and safety. (2) The United States Fish and Wildlife Service shall administer the remaining lands described in section 459j of this title. -SOURCE- (Pub. L. 93-626, Sec. 5, Jan. 3, 1975, 88 Stat. 2123.) -REFTEXT- REFERENCES IN TEXT The National Wildlife Refuge System Administration Act, as amended, referred to in subsec. (b), consists of sections 4 and 5 of Pub. L. 89-669, Oct. 15, 1966, 80 Stat. 927, as amended, and is classified to sections 668dd, 668ee of this title. For further details, see Short Title note set out under section 668dd of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459j-1, 459j-2, 459j-5, 459j-6, 459j-8 of this title. ------DocID 21028 Document 159 of 401------ -CITE- 16 USC Sec. 460a-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXV -HEAD- Sec. 460a-4. Transfer of jurisdiction to Secretary of Agriculture; national forest lands -STATUTE- When in his judgment the public interest will be served thereby, the Secretary of the Interior is authorized, upon concurrence of the Secretary of Agriculture, to transfer to the jurisdiction of the Secretary of Agriculture for national forest purposes lands or interests in lands acquired for or in connection with the Blue Ridge Parkway. Lands transferred under this section shall become national forest lands subject to all laws, rules, and regulations applicable to lands acquired pursuant to the Weeks Law of March 1, 1911 (36 Stat. 961), as amended. -SOURCE- (May 13, 1952, ch. 263, 66 Stat. 69.) -REFTEXT- REFERENCES IN TEXT The Weeks Law of March 1, 1911 (36 Stat. 961), as amended, referred to in text, is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, which is classified to sections 480, 500, 513 to 519, 521, 552 and 563 of this title. For complete classification of this Act to the Code, see Short title note set out under section 552 of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460a-9 of this title. ------DocID 21054 Document 160 of 401------ -CITE- 16 USC Sec. 460k-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXVIII -HEAD- Sec. 460k-4. Authorization of appropriations -STATUTE- There is authorized to be appropriated such funds as may be necessary to carry out the purposes of this subchapter, including the construction and maintenance of public recreational facilities. -SOURCE- (Pub. L. 87-714, Sec. 5, Sept. 28, 1962, 76 Stat. 654.) ------DocID 21062 Document 161 of 401------ -CITE- 16 USC Sec. 460l-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIX Part B -HEAD- Sec. 460l-4. Land and water conservation provisions; statement of purposes -STATUTE- The purposes of this part are to assist in preserving, developing, and assuring accessibility to all citizens of the United States of America of present and future generations and visitors who are lawfully present within the boundaries of the United States of America such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation in such recreation and to strengthen the health and vitality of the citizens of the United States by (1) providing funds for and authorizing Federal assistance to the States in planning, acquisition, and development of needed land and water areas and facilities and (2) providing funds for the Federal acquisition and development of certain lands and other areas. -SOURCE- (Pub. L. 88-578, title I, Sec. 1(b), Sept. 3, 1964, 78 Stat. 897.) -MISC1- EFFECTIVE DATE Section 1(a) of Pub. L. 88-578 provided in part that: 'This Act (see Short Title note below) shall become effective on January 1, 1965.' SHORT TITLE Section 1(a) of Pub. L. 88-578 provided in part that: 'This Act (enacting this part, amending section 460d, repealing section 14 of this title, and amending provisions set out as a note under section 120 of Title 23, Highways) may be cited as the 'Land and Water Conservation Fund Act of 1965'.' SURVEY OF ENTRANCE AND USER FEES Secretary of the Interior required by section 4 of Pub. L. 91-308, July 7, 1970, 84 Stat. 410 to complete a survey as to policy to be implemented with regard to entrance and user fees and to report his findings to Senate and House Committees on Interior and Insular Affairs on or before Feb. l, 1971. -CROSS- CROSS REFERENCES Uniform application of sections 460l-4 to 460l-11 of this title to all areas of national park system when not in conflict with specific provisions applicable to an area, see section lc of this title. ------DocID 21095 Document 162 of 401------ -CITE- 16 USC Sec. 460m-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXX -HEAD- Sec. 460m-4. Cooperative land development programs; hunting and fishing -STATUTE- (a) Development of comprehensive plans In furtherance of the purposes of this subchapter, the Secretary is authorized to cooperate with the State of Missouri, its political subdivisions, and other Federal agencies and organizations in formulating comprehensive plans for the Ozark National Scenic Riverways and for the related watershed of the Current and Jacks Fork Rivers in Missouri, and to enter into agreements for the implementation of such plans. Such plans may provide for land use and development programs, for preservation and enhancement of the natural beauty of the landscape, and for conservation of outdoor resources in the watersheds of the Current and Jacks Fork Rivers. (b) Establishment of hunting and fishing zones and periods The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the Ozark National Scenic Riverways area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no hunting shall be permitted, for reasons of public safety, administration, or public use and enjoyment and shall issue regulations after consultation with the Conservation Commission of the State of Missouri. -SOURCE- (Pub. L. 88-492, Sec. 5, Aug. 27, 1964, 78 Stat. 609.) ------DocID 21128 Document 163 of 401------ -CITE- 16 USC Sec. 460n-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXII -HEAD- Sec. 460n-4. Hunting, fishing and trapping -STATUTE- The Secretary of the Interior shall permit hunting, fishing, and trapping on the lands and waters under this jurisdiction within the recreation area in accordance with the applicable laws and regulations of the United States and the respective States: Provided, That the Secretary, after consultation with the respective State fish and game commissions, may issue regulations designating zones where and establishing periods when no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. -SOURCE- (Pub. L. 88-639, Sec. 5, Oct. 8, 1964, 78 Stat. 1040.) ------DocID 21139 Document 164 of 401------ -CITE- 16 USC Sec. 460o-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXIII -HEAD- Sec. 460o-4. Land and water use management plan; adoption, implementation, and revision; provisions -STATUTE- In the administration of the area for the purposes of this subchapter, the Secretary of the Interior, subject to provisions of section 460o-3 of this title, shall adopt and implement, and may from time to time revise, a land and water use management plan, which shall include specific provision for, in order of priority - (1) public outdoor recreation benefits; (2) preservation of scenic, scientific, and historic features contributing to public enjoyment; (3) such utilization of natural resources as in the judgment of the Secretary of the Interior is consistent with, and does not significantly impair, public recreation and protection of scenic, scientific, and historic features contributing to public enjoyment. -SOURCE- (Pub. L. 89-158, Sec. 5, Sept. 1, 1965, 79 Stat. 614.) ------DocID 21148 Document 165 of 401------ -CITE- 16 USC Sec. 460p-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXIV -HEAD- Sec. 460p-4. Administration, protection, and development -STATUTE- The administration, protection, and development of the recreation area shall be by the Secretary of Agriculture in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of natural resources as in his judgment will promote, or is compatible with, and does not significantly impair the purposes for which the recreation area is established. -SOURCE- (Pub. L. 89-207, Sec. 5, Sept. 28, 1965, 79 Stat. 844.) ------DocID 21155 Document 166 of 401------ -CITE- 16 USC Sec. 460q-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXV -HEAD- Sec. 460q-4. Hunting and fishing -STATUTE- Each Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the recreation area in accordance with the applicable laws of the State of California and of the United States: Provided, That each Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, or public use and enjoyment not compatible with hunting or fishing. Regulations prescribing any such restrictions shall be issued after consultation with the California Department of Fish and Game. -SOURCE- (Pub. L. 89-336, Sec. 5, Nov. 8, 1965, 79 Stat. 1298.) ------DocID 21166 Document 167 of 401------ -CITE- 16 USC Sec. 460r-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXVI -HEAD- Sec. 460r-4. Administration, protection, and development of area -STATUTE- The administration, protection, and development of the recreation area shall be by the Secretary of Agriculture in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of natural resources as in his judgment will promote, or is compatible with, and does not significantly impair the purposes for which the recreation area is established. -SOURCE- (Pub. L. 89-438, Sec. 5, May 31, 1966, 80 Stat. 191.) ------DocID 21173 Document 168 of 401------ -CITE- 16 USC Sec. 460s-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXVII -HEAD- Sec. 460s-4. Hunting and fishing -STATUTE- In administering the lakeshore the Secretary shall permit hunting and fishing on lands and waters under his jurisdiction in accordance with the applicable laws of the United States and of Michigan. The Secretary, after consultation with the Michigan Department of Conservation, may designate zones and establish periods where and when no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment. The Secretary shall, after consultation with such department, issue regulations, consistent with this section, as he may determine necessary to carry out the purposes of this section. -SOURCE- (Pub. L. 89-668, Sec. 5, Oct. 15, 1966, 80 Stat. 923.) ------DocID 21188 Document 169 of 401------ -CITE- 16 USC Sec. 460t-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXVIII -HEAD- Sec. 460t-4. Authorization of appropriations -STATUTE- There is hereby authorized to be appropriated not more than $780,000 for the acquisition of land and interests in land pursuant to this subchapter. -SOURCE- (Pub. L. 89-664, Sec. 5, Oct. 15, 1966, 80 Stat. 914; Pub. L. 92-272, title I, Sec. 101(3), Apr. 11, 1972, 86 Stat. 120.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-272 increased the authorization of appropriations from not more than $355,000 to not more than $780,000. ------DocID 21194 Document 170 of 401------ -CITE- 16 USC Sec. 460u-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXIX -HEAD- Sec. 460u-4. Repealed. Pub. L. 94-549, Sec. 1(9), Oct. 18, 1976, 90 Stat. 2533 -MISC1- Section, Pub. L. 89-761, Sec. 5, Nov. 5, 1966, 80 Stat. 1310, authorized Secretary to set standards for and to approve use of local zoning ordinances with regard to preservation and development of lakeshore areas and in event of nonconforming variances, to terminate suspension of his authority to acquire improved property by condemnation. ------DocID 21220 Document 171 of 401------ -CITE- 16 USC Sec. 460v-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXX -HEAD- Sec. 460v-4. Lands withdrawn from location, entry, and patent under United States mining laws; removal of minerals; receipts, disposition -STATUTE- The lands within the recreation area, subject to valid existing rights, are hereby withdrawn from location, entry, and patent under the United States mining laws. The Secretary of the Interior, under such regulations as he deems appropriate, may permit the removal of the nonleasable minerals from lands or interests in lands within the recreation area in the manner prescribed by section 387 of title 43, and he may permit the removal of leasable minerals from lands or interests in lands within the recreation area in accordance with the Mineral Leasing Act of February 24, 1920, (FOOTNOTE 1) as amended (30 U.S.C. 181 et seq.), or the Acquired Lands Mineral Leasing Act of August 7, 1947 (30 U.S.C. 351 et seq.), if he finds that such disposition would not have significant adverse effects on the purposes of the Colorado River storage project and the Secretary of Agriculture finds that such disposition would not have significant adverse effects on the purposes of the recreation area: Provided, That any lease or permit respecting such minerals in the recreation area shall be issued only with the consent of the Secretary of Agriculture and subject to such conditions as he may prescribe. (FOOTNOTE 1) So in original. Probably should be 'February 25, 1920,'. All receipts derived from permits and leases issued under the authority of this section for removal of nonleasable minerals shall be paid into the same funds or accounts in the Treasury of the United States and shall be distributed in the same manner as provided for receipts from national forests. Any receipts derived from permits or leases issued on lands in the recreation area under the Mineral Leasing Act of February 25, 1920, as amended, or the Act of August 7, 1947, shall be disposed of as provided in the applicable Act. -SOURCE- (Pub. L. 90-540, Sec. 5, Oct. 1, 1968, 82 Stat. 904.) -REFTEXT- REFERENCES IN TEXT The United States mining laws, referred to in text, are classified generally to Title 30, Mineral Lands and Mining. The Mineral Leasing Act of February 25, 1920, as amended, referred to in text, is act Feb. 25, 1920, ch. 85, 41 Stat, 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to in text, is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as amended, which is classified generally to chapter 7 (Sec. 351 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 351 of Title 30 and Tables. ------DocID 21230 Document 172 of 401------ -CITE- 16 USC Sec. 460w-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXI -HEAD- Sec. 460w-4. Hunting, fishing, and trapping -STATUTE- The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the boundaries of the lakeshore in accordance with the appropriate laws of Wisconsin and the United States to the extent applicable, except that he may designate zones where, and establish periods when, no hunting, trapping, or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations prescribing any such restrictions shall be put into effect only after consultation with the appropriate State agency responsible for hunting, trapping, and fishing activities. -SOURCE- (Pub. L. 91-424, Sec. 5, Sept. 26, 1970, 84 Stat. 881.) ------DocID 21239 Document 173 of 401------ -CITE- 16 USC Sec. 460x-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXII -HEAD- Sec. 460x-4. Hunting and fishing; issuance of regulations -STATUTE- In administering the lakeshore the Secretary shall permit hunting and fishing on lands and waters under his jurisdiction in accordance with the laws of the State of Michigan and the United States applicable thereto. The Secretary, after consultation with the appropriate agency of the State of Michigan, may designate zones and establish periods where and when no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment and issue regulations, consistent with this section, as he may determine necessary to carry out the purposes of this section. -SOURCE- (Pub. L. 91-479, Sec. 5, Oct. 21, 1970, 84 Stat. 1076.) ------DocID 21256 Document 174 of 401------ -CITE- 16 USC Sec. 460y-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXIII -HEAD- Sec. 460y-4. Authority of Secretary -STATUTE- The Secretary is authorized - (1) Conduct of public hearings To conduct a public hearing or hearings to receive expression of local views relating to establishment of the area. (2) Acquisition of land or interests in land by donation, by purchase with donated funds or funds specifically appropriated for such purpose, or by exchange; consent of owner; acquired lands or interests in lands as public lands To acquire by donation, by purchase with donated funds or with funds appropriated specifically for that purpose, or by exchange, any land or interest in land within the area described in section 460y-8 of this title, which the Secretary, in his judgment, determines to be desirable for consolidation of public lands within the Area in order to facilitate efficient and beneficial management of the public lands or otherwise to accomplish the purposes of this subchapter: Provided, That the Secretary may not acquire, without the consent of the owner, any such lands or interests therein which are utilized on October 21, 1970, for residential, agricultural, or commercial purposes so long as he finds such property is devoted to uses compatible with the purposes of this subchapter. Any lands or interests in lands acquired by the United States under the authority of this section shall, upon acceptance of title, become public lands, and shall become a part of the area subject to all the laws and regulations applicable thereto. (3) Procedure for acquisition of land or interests in land by exchange In the exercise of his authority to acquire land or interests in land by exchange under this subchapter, to accept title to any non-Federal land located within the Area and to convey to the grantor of such land not to exceed an equal value of surveyed, unappropriated, and unreserved public lands or interests, in lands and appropriated funds when in his judgment the exchange will be in the public interest, and in accordance with the following: (A) The public lands offered in exchange for non-Federal lands or interests in non-Federal lands must be in the same county or counties, and must be classified by the Secretary as suitable for exchange. For a period of five years, any such public lands suitable for transfer to nonpublic ownership shall be classified for exchange under this subchapter. (B) If the lands or interests in lands offered in exchange for public lands have a value at least equal to two-thirds of the value of the public lands, the exchange may be completed upon payment to the Secretary of the difference in value, or the submittal of a cash deposit or a performance bond in an amount at least equal to the difference in value assuring that additional lands acceptable to the Secretary and at least equal to the difference in value will be conveyed to the Government within a time certain to be specified by the Secretary. Any such payment made to the Secretary shall be deposited in the Treasury as a miscellaneous receipt. (C) If the public lands offered in exchange for non-Federal lands or interests in non-Federal lands have a value at least equal to two-thirds of the value of the non-Federal lands, the exchange may be completed upon payment by the Secretary of the difference in value. (D) Either party to an exchange under this subchapter may reserve minerals, easements, or rights of use either for its own benefit, for the benefit of third parties, or for the benefit of the general public. Any such reservation, whether in lands conveyed to or by the United States, shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the Secretary. When minerals are reserved in a conveyance by the United States, any person who prospects for or acquires the right to mine and remove the reserved mineral deposits shall be liable to the surface owners according to their respective interests for any actual damage to the surface or to the improvements thereon resulting from prospecting, entering, or mining operations; and such person shall, prior to entering, either obtain the surface owner's written consent, or file with the Secretary a good and sufficient bond or undertaking to the United States in an amount acceptable to the Secretary for the use and benefit of the surface owner to secure payment of such damages as may be determined in an action brought on the bond or undertaking in a court of competent jurisdiction. (4) Payment of fair market value for purchased lands; determination by independent appraisal In the exercise of his authority to purchase lands under this subchapter to pay for any such purchased lands their fair market value, as determined by the Secretary, who may, in his discretion, base his determination on an independent appraisal obtained by him. (5) Identification of appropriate public uses of public lands and interests therein within Area; disposition of public lands within Area To identify the appropriate public uses of all of the public lands and interests therein within the Area. Disposition of the public lands within the Area, or any of the lands subsequently acquired as part of the Area, is prohibited, and the lands in the Area described in section 460y-8 of this title are hereby withdrawn from all forms of entry, selection, or location under existing or subsequent law, except as provided in section 460y-5 of this title. Notwithstanding any provision of this section, the Secretary may (A) exchange public lands or interests therein within the area for privately owned lands or interests therein also located within the Area, and (B) issue leases, licenses, contracts, or permits as provided by other laws. (6) Construction, operation, and maintenance of roads, trails, and other access and recreational facilities within Area To construct or cause to be constructed and to operate and maintain such roads, trails, and other access and recreational facilities in the area as the Secretary deems necessary and desirable for the proper protection, utilization, and development of the area. (7) Reforestation and revegetation of lands within Area; installation of soil- and water-conserving works and practices To reforest and revegetate such lands within the area and install such soil- and water-conserving works and practices to reduce erosion and improve forage and timber capacity as the Secretary deems necessary and desirable. (8) Cooperative arrangements with State and local governmental agencies, and nonprofit organizations concerning installation, construction, maintenance, and operation of access and recreational facilities, etc.; designation of zones and establishment of periods for hunting and fishing To enter into such cooperative arrangements with the State of California, local governmental agencies, and nonprofit organizations as the Secretary deems necessary or desirable concerning but not limited to installation, construction, maintenance, and operation of access and recreational facilities, reforestation, revegetation, soil and moisture conservation, and management of fish and wildlife including hunting and fishing and control of predators. The Secretary shall permit hunting and fishing on lands and waters under the jurisdiction within the boundaries of the recreation area in accordance with the applicable laws of the United States and the State of California, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department. (9) Issuance of regulations To issue such regulations and to do such other things as the Secretary deems necessary and desirable to carry out the terms of this subchapter. -SOURCE- (Pub. L. 91-476, Sec. 5, Oct. 21, 1970, 84 Stat. 1068; Pub. L. 95-352, Sec. 2(1), Aug. 20, 1978, 92 Stat. 516.) -MISC1- AMENDMENTS 1978 - Par. (3)(B). Pub. L. 95-352 inserted provisions relating to deposit of receipts into Treasury. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460y-9 of this title. ------DocID 21267 Document 175 of 401------ -CITE- 16 USC Sec. 460z-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXIV -HEAD- Sec. 460z-4. Transfer of Federal property -STATUTE- Notwithstanding any other provision of law, any Federal property located within the boundaries of the recreation area is hereby transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purposes of this subchapter, but lands presently administered by the United States Coast Guard or the United States Corps of Engineers may continue to be used by such agencies to the extent required. -SOURCE- (Pub. L. 92-260, Sec. 5, Mar. 23, 1972, 86 Stat. 99.) ------DocID 21282 Document 176 of 401------ -CITE- 16 USC Sec. 460aa-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXV -HEAD- Sec. 460aa-4. Administrative determination of suitability for designation as wilderness areas -STATUTE- The Secretary shall, as soon as practicable after August 22, 1972, review the undeveloped and unimproved portion or portions of the recreation area as to suitability or nonsuitability for preservation as a part of the National Wilderness Preservation System. In conducting his review, the Secretary shall comply with the provisions of section 1132(d) of this title, relating to public notice, public hearings, and review by State and other agencies, and shall advise the Senate and House of Representatives of his recommendations with respect to the designation as wilderness of the area or areas reviewed. -SOURCE- (Pub. L. 92-400, Sec. 5, Aug. 22, 1972, 86 Stat. 614.) ------DocID 21298 Document 177 of 401------ -CITE- 16 USC Sec. 460bb-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXVI -HEAD- Sec. 460bb-4. Golden Gate National Recreation Area Advisory Commission -STATUTE- (a) Establishment There is hereby established the Golden Gate National Recreation Area Advisory Commission (hereinafter referred to as the 'Commission'). (b) Membership; appointment; term of office The Commission shall be composed of eighteen members appointed by the Secretary for terms of five years each. (FOOTNOTE 1) Provided, That the terms of those members who have been either appointed or reappointed subsequent to January 1, 1979, shall be extended so as to expire not before June 1, 1985. (FOOTNOTE 1) So in original. The period probably should be a colon. (c) Vacancies Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (d) Compensation and expenses; vouchers Members of the Commission shall serve without compensation, as such, but the Secretary may pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the Commission and its members in carrying out their responsibilities under this subchapter. (e) Consultations of Secretary with members The Secretary, or his designee, shall from time to time, but at least annually, meet and consult with the Commission on general policies and specific matters related to planning, administration and development affecting the recreation area and other units of the national park system in Marin, San Mateo, and San Francisco Counties. (f) Voting The Commission shall act and advise by affirmative vote of a majority of the members thereof. (g) Termination date The Commission shall cease to exist twenty years after October 27, 1972. -SOURCE- (Pub. L. 92-589, Sec. 5, Oct. 27, 1972, 86 Stat. 1302; Pub. L. 95-625, title III, Sec. 317(g), Nov. 10, 1978, 92 Stat. 3486; Pub. L. 96-344, Sec. 4(2), (3), Sept. 8, 1980, 94 Stat. 1134; Pub. L. 96-607, title X, Sec. 1001(6), (7), Dec. 28, 1980, 94 Stat. 3545.) -MISC1- AMENDMENTS 1980 - Subsec. (b). Pub. L. 96-607, Sec. 1001(6), substituted 'eighteen' for 'seventeen'. Pub. L. 96-344, Sec. 4(2), substituted 'five' for 'three' and inserted proviso that the terms of members appointed or reappointed subsequent to Jan. 1, 1979, be extended so as not to expire before June 1, 1985. Subsec. (e). Pub. L. 96-607, Sec. 1001(7), substituted 'Marin, San Mateo,' for 'Marin'. Subsec. (g). Pub. L. 96-344, Sec. 4(3), substituted 'twenty' for 'ten'. 1978 - Subsec. (b). Pub. L. 95-625 increased Commission membership from fifteen to seventeen. ------DocID 21305 Document 178 of 401------ -CITE- 16 USC Sec. 460cc-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXVII -HEAD- Sec. 460cc-4. Authorization of appropriations; limitation; adjustments -STATUTE- There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter, but not more than $12,125,000 for the acquisition of lands and interests in lands and not more than $92,813,000 (July, 1971 prices) for development of the recreation area, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in the construction costs as indicated by engineering cost indices applicable to the type of construction involved herein. -SOURCE- (Pub. L. 92-592, Sec. 5, Oct. 27, 1972, 86 Stat. 1311.) ------DocID 21311 Document 179 of 401------ -CITE- 16 USC Sec. 460dd-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXVIII -HEAD- Sec. 460dd-4. Hunting and fishing -STATUTE- The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the boundaries of the recreation area in accordance with applicable laws of the United States and the States of Utah and Arizona, except that the Secretary may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. Except in emergencies, any regulation of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department. -SOURCE- (Pub. L. 92-593, Sec. 5, Oct. 27, 1972, 86 Stat. 1312.) ------DocID 21324 Document 180 of 401------ -CITE- 16 USC Sec. 460ff-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XC -HEAD- Sec. 460ff-4. Cuyahoga Valley National Recreation Area Advisory Commission -STATUTE- (a) Establishment; membership; appointment; term; chairman; vacancies There is hereby established the Cuyahoga Valley National Recreation Area Advisory Commission (hereafter referred to as the 'Commission') which shall be composed of thirteen members to be appointed by the Secretary for terms of five years as follows: (1) two members to be appointed from recommendations submitted by the Board of Park Commissioners of the Akron Metropolitan Park District; (2) two members to be appointed from recommendations submitted by the Board of Park Commissioners of the Cleveland Metropolitan Park District; (3) two members to be appointed from recommendations submitted by the Governor of the State; (4) one from the membership of an Ohio conservation organization; (5) one from the membership of an Ohio historical society; and (6) five members representing the general public, of which no fewer than three shall be from among the permanent residents and electors of Summit and Cuyahoga Counties. The Secretary shall designate one member of the Commission as Chairman and any vacancy shall be filled in the same manner in which the original appointment was made. (b) Compensation and expenses; vouchers Members of the Commission shall serve without compensation as such, but the Secretary may pay expenses reasonably incurred by the Commission and reimburse members for reasonable expenses incurred in carrying out their responsibilities under this subchapter on vouchers signed by the Chairman. (c) Consultations by Secretary The Secretary, or his designee, shall from time to time but at least semiannually, meet and consult with the Advisory Commission on matters relating to the development of the recreation area and with respect to carrying out the provisions of this subchapter. (d) Termination date Unless extended by the Congress, the Commission shall terminate ten years after the date of the establishment of the recreation area. -SOURCE- (Pub. L. 93-555, Sec. 5, Dec. 27, 1974, 88 Stat. 1788.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460ff-1 of this title. ------DocID 21331 Document 181 of 401------ -CITE- 16 USC Sec. 460gg-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCI -HEAD- Sec. 460gg-4. Administration, protection, and development -STATUTE- Except as otherwise provided in section 460gg-1 of this title and section 3 of this Act, and subject to the provisions of section 460gg-7 of this title, the Secretary shall administer the recreation area in accordance with the laws, rules, and regulations applicable to the national forests for public outdoor recreation in a manner compatible with the following objectives: (1) the maintenance and protection of the freeflowing nature of the rivers within the recreation area; (2) conservation of scenic, wilderness, cultural, scientific, and other values contributing to the public benefit; (3) preservation, especially in the area generally known as Hells Canyon, of all features and peculiarities believed to be biologically unique including, but not limited to, rare and endemic plant species, rare combinations of aquatic, terrestrial, and atmospheric habitats, and the rare combinations of outstanding and diverse ecosystems and parts of ecosystems associated therewith; (4) protection and maintenance of fish and wildlife habitat; (5) protection of archeological and paleontologic sites and interpretation of these sites for the public benefit and knowledge insofar as it is compatible with protection; (6) preservation and restoration of historic sites associated with and typifying the economic and social history of the region and the American West; and (7) such management, utilization, and disposal of natural resources on federally owned lands, including, but not limited to, timber harvesting by selective cutting, mining, and grazing and the continuation of such existing uses and developments as are compatible with the provisions of this subchapter. -SOURCE- (Pub. L. 94-199, Sec. 7, Dec. 31, 1975, 89 Stat. 1118.) -REFTEXT- REFERENCES IN TEXT Section 3 of this Act, referred to in text, is section 3 of Pub. L. 94-199. Subsec. (a) of section 3 added pars. (11) and (12) of section 1274(a) of this title, relating to components of the national wild and scenic rivers system. Subsec. (b) of section 3, relating to the administration of those segments of the Snake and Rapid Rivers designated as wild or scenic river areas, is set out as a note under section 1274 of this title. ------DocID 21346 Document 182 of 401------ -CITE- 16 USC Sec. 460hh-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCII -HEAD- Sec. 460hh-4. Platt National Park designation repealed; incorporation of areas into Chickasaw National Recreation Area -STATUTE- The Act of June 29, 1906 (34 Stat. 837), which directed that certain lands now included by this subchapter in the recreation area be designated as the Platt National Park, is hereby repealed, and such lands shall hereafter be considered and known as an integral part of the Chickasaw National Recreation Area: Provided, That within such area the Secretary may cause to be erected suitable markers or plaques to honor the memory of Orville Hitchcock Platt and to commemorate the original establishment of Platt National Park. -SOURCE- (Pub. L. 94-235, Sec. 5, Mar. 17, 1976, 90 Stat. 236.) -REFTEXT- REFERENCES IN TEXT Act of June 29, 1906, referred to in text, is act June 29, 1906, No. 42, 34 Stat. 837, which was classified to sections 151, 152, and 153 of this title, and was repealed by Pub. L. 94-235, Sec. 5, Mar. 17, 1976, 90 Stat. 236. ------DocID 21354 Document 183 of 401------ -CITE- 16 USC Sec. 460ii-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCIII -HEAD- Sec. 460ii-4. Funding and reporting requirements -STATUTE- (a) Amounts authorized for expending for acquisition of lands and interests in lands From the appropriations authorized for fiscal year 1978 and succeeding fiscal years pursuant to the Land and Water Conservation Fund Act (78 Stat. 897), as amended (16 U.S.C. 460l-4 et seq.), not more than $79,400,000 may be expended for the acquisition of lands and interests in lands authorized to be acquired pursuant to the provisions of this subchapter and chapter 43 of this title. For purposes of section 7(a)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(a)(3)), the statutory ceiling on appropriations under this subsection shall be deemed to be a statutory ceiling contained in a provision of law enacted prior to the convening of the Ninety-sixth Congress. (b) Authorization of appropriations for development of essential public services Effective on October 1, 1978, there are authorized to be appropriated not to exceed $500,000 for the development of essential public facilities. (c) General management plan for use and development of area; consulting and reporting requirements; contents Within seven years from August 15, 1978, the Secretary shall, after consulting with the Governor of the State of Georgia, develop and transmit to the Committee on Interior and Insular Affairs of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a general management plan for the use and development of the recreation area consistent with the findings and purposes of this subchapter and chapter 43 of this title, indicating: (1) lands and interests in lands adjacent or related to the recreation area which are deemed necessary or desirable for the purposes of resource protection, scenic integrity, or management and administration of the area in furtherance of the purposes of this subchapter and chapter 43 of this title, the estimated cost of acquisition, and the recommended public acquisition agency; (2) the number of visitors and types of public use within the recreation area that can be accommodated in accordance with the full protection of its resources; and (3) the facilities deemed necessary to accommodate and provide access for such visitors and uses, including their location and estimated cost. (d) Federal actions affecting corridor area; procedural requirements: notification of Secretary, Secretary's recommendations or notification of Congressional committees, copies of decisions and recommendations to Congressional committees; concurrence condition; exemptions (1) Whenever any Federal department, agency, or instrumentality proposes to undertake any action, or provide Federal assistance for any action, or issue any license or permit for an action within the corridor referred to in section 460ii of this title which may have a direct and adverse effect on the natural or cultural resources of the recreation area, the head of such department, agency, or instrumentality shall - (A) promptly notify the Secretary of the action at the time it is planning the action, preparing an environmental assessment regarding the action, or preparing an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the action; (B) provide the Secretary a reasonable opportunity to comment and make recommendations regarding the effect of the Federal action on the natural and cultural resources of the recreation area; and (C) notify the Secretary of the specific decisions made in respect to the comments and recommendations of the Secretary. The requirements of this subsection shall be carried out in accordance with procedures established by the Federal agency responsible for undertaking or approving the Federal action. These procedures may utilize the procedures developed by such Agency pursuant to the National Environmental Policy Act (42 U.S.C. 4321 et seq.). (2) Following receipt of notification pursuant to paragraph (1)(A), the Secretary, after consultation with the Governor of Georgia, shall make such comments and recommendations as the Secretary deems appropriate pursuant to paragraph (1)(B) as promptly as practicable in accordance with the notifying agency's procedures established pursuant to paragraph (1)(A). In any instance in which the Secretary does not provide comments and recommendations under paragraph (1)(B), the Secretary shall notify in writing, the appropriate committees of Congress. (3) Following receipt of the notifying agency's decisions pursuant to paragraph (1)(C), the Secretary shall submit to the appropriate committees of Congress, including the authorizing committees with primary jurisdiction for the program under which the proposed action is being taken, a copy of the notifying agency's specific decisions made pursuant to paragraph (1)(C), along with a copy of the comments and recommendations made pursuant to paragraph (1)(B). (4) In any instance in which the Secretary has not been notified of a Federal agency's proposed action within the corridor, and on his or her own determination finds that such action may have a significant adverse effect on the natural or cultural resources of the recreation area, the Secretary shall notify the head of such Federal agency in writing. Upon such notification by the Secretary, such agency shall promptly comply with the provisions of subparagraphs (A), (B), and (C) of paragraph (1) of this subsection. (5) Each agency or instrumentality of the United States conducting Federal action upon federally owned lands or waters which are administered by the Secretary and which are located within the authorized boundary of the recreation area shall not commence such action until such time as the Secretary has concurred in such action. (6) The following Federal actions which constitute a major and necessary component of an emergency action shall be exempt from the provisions of this subsection - (A) those necessary for safeguarding of life and property; (B) those necessary to respond to a declared state of disaster; (C) those necessary to respond to an imminent threat to national security; and (D) those that the Secretary has determined to be not inconsistent with the general management plan for the recreation area. Actions which are part of a project recommended in the study entitled 'Metropolitan Atlanta Water Resources Management Study, Georgia: Report of Chief of Engineers', dated June 1, 1982, and any Federal action which pertains to the control of air space, which is regulated under the Clean Air Act (42 U.S.C. 7401 et seq.), or which is required for maintenance or rehabilitation of existing structures or facilities shall also be exempt from the provisions of this subsection. -SOURCE- (Pub. L. 95-344, title I, Sec. 105, Aug. 15, 1978, 92 Stat. 476; Pub. L. 98-568, Sec. 1(e), Oct. 30, 1984, 98 Stat. 2929.) -REFTEXT- REFERENCES IN TEXT The Land and Water Conservation Fund Act (78 Stat. 897), as amended, referred to in subsec. (a), probably means the Land and Water Conservation Fund Act of 1965, Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is classified generally to part B (Sec. 460l-4 et seq.) of subchapter LXIX of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 460l-4 of this title and Tables. The convening of the Ninety-sixth Congress, referred to in subsec. (a), took place on Jan. 15, 1979. The National Environmental Policy Act of 1969, referred to in subsec. (d)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Clean Air Act, referred to in subsec. (d)(6), is act July 14, 1955, ch. 360, as amended generally by Pub. L. 88-206, Dec. 17, 1963, 77 Stat. 392, and later by Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 685. The Clean Air Act was originally classified to chapter 15B (Sec. 1857 et seq.) of Title 42. On enactment of Pub. L. 95-95, the Act was reclassified to chapter 85 (Sec. 7401 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. -MISC2- AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-568, Sec. 1(e)(1), substituted '$79,400,000' for '$72,900,000' and inserted provision respecting applicable statutory ceiling on appropriations. Subsec. (c). Pub. L. 98-568, Sec. 1(e)(2), substituted 'seven years' for 'three years'. Subsec. (d). Pub. L. 98-568, Sec. 1(e)(3), added subsec. (d). ------DocID 21361 Document 184 of 401------ -CITE- 16 USC Sec. 460jj-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCIV -HEAD- Sec. 460jj-4. Application of State water laws -STATUTE- The jurisdiction of the State of Colorado and the United States over waters of any stream included in the Arapaho National Recreation Area shall be determined by established principles of law. Nothing in this subchapter shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws. -SOURCE- (Pub. L. 95-450, Sec. 8, Oct. 11, 1978, 92 Stat. 1097.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460jj-7 of this title. ------DocID 21372 Document 185 of 401------ -CITE- 16 USC Sec. 460ll-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCVI -HEAD- Sec. 460ll-4. Filing of maps and descriptions -STATUTE- As soon as practicable after October 19, 1980, a map and legal description of the Rattlesnake National Recreational Area and a map and legal description of the Rattlesnake Wilderness shall be filed with the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, and such maps and legal descriptions shall have the same force and effect as if included in this subchapter: Provided, however, That correction of clerical and typographical errors in such legal descriptions and maps may be made. -SOURCE- (Pub. L. 96-476, Sec. 5, Oct. 19, 1980, 94 Stat. 2273.) ------DocID 21379 Document 186 of 401------ -CITE- 16 USC Sec. 460mm-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XCVIII -HEAD- Sec. 460mm-4. Administration of recreation area -STATUTE- (a) Recreation, conservation, and resource development The White Mountains National Recreation area established by this Act shall be administered by the Secretary in order to provide for public outdoor recreation use and enjoyment and for the conservation of the scenic, scientific, historic, fish and wildlife, and other values contributing to public enjoyment of such area. Except as otherwise provided in this Act, the Secretary shall administer the recreation area in a manner which in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, fish and wildlife, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of natural resources and the continuation of such existing uses and developments as will promote, or are compatible with, or do not significantly impair public recreation and conservation of the scenic, scientific, historic, fish and wildlife, or other values contributing to public enjoyment. In administering the recreation area, the Secretary may utilize such statutory authorities available to him for the conservation and management of natural resources as he deems appropriate for recreation and preservation purposes and for resource development compatible therewith. (b) Withdrawal of lands from selection and mining; exceptions The lands within the recreation area, subject to valid existing rights, are hereby withdrawn from State selection under the Alaska Statehood Act or other law, and from location, entry, and patent under the United States mining laws. The Secretary under such reasonable regulations as he deems appropriate, may permit the removal of the nonleasable minerals from lands or interests in lands within the recreation area in the manner described by section 387 of title 43, and he may permit the removal of leasable minerals from lands or interests in lands within the recreation areas in accordance with the mineral leasing laws, if he finds that such disposition would not have significant adverse effects on the administration of the recreation areas. (c) Disposal of receipts All receipts derived from permits and leases issued on lands or interest in lands within the recreation area under the mineral leasing laws shall be disposed of as provided in such laws; and receipts from the disposition of nonleasable minerals within the recreation area shall be disposed of in the same manner as moneys received from the sale of public lands. -SOURCE- (Pub. L. 96-487, title XIII, Sec. 1312, Dec. 2, 1980, 94 Stat. 2483.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Alaska Statehood Act, referred to in subsec. (b), is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables. The United States mining laws, referred to in subsec. (b), are classified generally to Title 30, Mineral Lands and Mining. The mineral leasing laws, referred to in subsecs. (b) and (c), have been defined in sections 351, 505, 530, and 541e of Title 30, to mean acts Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44 Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is known as the Mineral Leasing Act and is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified generally to subchapter VIII (Sec. 271 et seq.) of chapter 3A of Title 30. The act of Feb. 7, 1927, is classified principally to subchapter IX (Sec. 281 et seq.) of chapter 3A of Title 30. For complete classification of these Acts to the Code, see Tables. -COD- CODIFICATION Section was not enacted as part of title IV of Pub. L. 96-487, which comprises this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 460mm-2, 460mm-3 of this title. ------DocID 21400 Document 187 of 401------ -CITE- 16 USC Sec. 460ss-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CIV -HEAD- Sec. 460ss-4. Enforcement -STATUTE- (a) Memorandum of agreement (FOOTNOTE 1) (FOOTNOTE 1) So in original. No subsec. (b) has been enacted. In order to strengthen and facilitate the enforcement of Area fishery harvesting regulations, the Secretary shall enter into a memorandum of agreement with the California Department of Fish and Game. Such agreement shall specify the enforcement activities within the Area for which the respective agencies of the Department of (FOOTNOTE 2) Interior and the California Department of Fish and Game are responsible and shall contain such provisions as are necessary to ensure the coordinated implementation of Federal and State enforcement activities. (FOOTNOTE 2) So in original. Probably should be 'of the'. -SOURCE- (Pub. L. 99-552, Sec. 5, Oct. 27, 1986, 100 Stat. 3085.) ------DocID 21438 Document 188 of 401------ -CITE- 16 USC Sec. 460vv-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVII -HEAD- Sec. 460vv-4. Wilderness review -STATUTE- (a) Findings The Congress finds that - (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in Oklahoma and of the environmental impacts associated with alternative allocations of such areas. (b) Congressional determination and direction On the basis of such review, the Congress hereby determines and directs that - (1) without passing on the questions of the legal and factual sufficiency of the RARE II Final Environmental Impact Statement (dated January 1979) with respect to National Forest System lands in States other than Oklahoma, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Oklahoma; (2) with respect to the National Forest System lands in the State of Oklahoma which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d) of this section, that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revision of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in the State of Oklahoma reviewed in such final environmental statement or referenced in subsection (d) of this section and not designated wilderness upon enactment of this subchapter shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), as amended by the National Forest Management Act of 1976, except that such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; (4) in the event that revised land management plans in the State of Oklahoma are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), as amended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of the National Forest System lands in the State of Oklahoma for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System. (c) Use of term As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), as amended by the National Forest Management Act of 1976, the term 'revision' shall not include an 'amendment' to a plan. (d) Application of provisions The provisions of this section shall also apply to: (1) those National Forest System roadless lands in the State of Oklahoma in the Ouachita National Forest which were evaluated in the Rich Mountain and Beech Creek unit plans; and (2) National Forest System roadless lands in the State of Oklahoma which are less than five thousand acres in size. -SOURCE- (Pub. L. 100-499, Sec. 6, Oct. 18, 1988, 102 Stat. 2493.) -REFTEXT- REFERENCES IN TEXT The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (b)(2), (4), is Pub. L. 93-378, Aug. 17, 1974, 88 Stat. 476, as amended, which is classified generally to subchapter I (Sec. 1600 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of this title and Tables. The National Forest Management Act of 1976, referred to in subsecs. (b)(2)-(4) and (c), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513, 528, 594-2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables. ------DocID 21459 Document 189 of 401------ -CITE- 16 USC Sec. 460ww-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVIII -HEAD- Sec. 460ww-4. Special conditions -STATUTE- (a) New project construction If, after October 26, 1988, any department, agency, instrumentality or person commences construction of any dam, water conduit, reservoir, powerhouse, transmission line or other project at or in conjunction with the Summersville project, the department, agency, instrumentality or other person which constructs or operates such new project shall comply with such terms and conditions as the Secretary deems necessary, in his discretion, to protect the resources of the recreation area, including such terms and conditions as the Secretary deems necessary to ensure that such new project will not adversely affect whitewater recreation and other recreation activities during or after project construction. (b) Adverse effects on recreation area If any such new project referred to in subsection (a) of this section will create a direct, physical, adverse effect on access to the recreation area immediately downstream of the Summersville Dam during or after project construction, including vehicle parking, related facilities, and river access for whitewater recreation and other recreational use of the recreation area, the department, agency, instrumentality or person constructing such project shall replace and enhance the adversely affected facilities in such manner as may be appropriate to accommodate visitation, as determined by the Secretary. (c) New project permits The terms and conditions referred to in this section shall be included in any license, permit, or exemption issued for any such new project. Any such new project shall be subject to all provisions of this Act, including section 460ww-1(d) of this title, except that during the four-year period after October 26, 1988, nothing in this Act shall prohibit the licensing of a project adjacent to Summersville Dam as proposed by the city of Summersville, or by any competing project applicant with a permit or license application on file as of August 8, 1988, if such project complies with this section. If such project is licensed within such four-year period, the Secretary shall modify the boundary map referred to in section 460ww of this title to relocate the upstream boundary of the recreation area along a line perpendicular to the river crossing the point five hundred and fifty feet downstream of the existing valve house and one thousand two hundred feet (measured along the river bank) upstream of United States Geological Survey Gauge Numbered 03189600, except in making the modification the Secretary shall maintain within the boundary of the recreation area those lands identified in the boundary map referred to in section 460ww of this title which are not necessary to the operation of such project. -SOURCE- (Pub. L. 100-534, title II, Sec. 205, Oct. 26, 1988, 102 Stat. 2704.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L. 100-534, Oct. 26, 1988, 102 Stat. 2699, known as the West Virginia National Interest River Conservation Act of 1987, which enacted this subchapter and sections 460m-26 to 460m-29 of this title, amended sections 460m-15 and 1274 of this title, and enacted provisions set out as notes under sections 460m-15 and 1274 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 460m-15 of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460ww-1 of this title. ------DocID 21466 Document 190 of 401------ -CITE- 16 USC Sec. 460xx-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CIX -HEAD- Sec. 460xx-4. Land acquisition -STATUTE- The Secretary may acquire lands or interests in lands within the boundaries of the conservation area by exchange, purchase, or donation, except that any lands or interests therein owned by the State or local government may be acquired by donation or exchange only. Any purchase or exchange of lands to be added to the conservation area shall require the consent of the owner of those lands or rights. -SOURCE- (Pub. L. 100-696, title I, Sec. 105, Nov. 18, 1988, 102 Stat. 4573.) ------DocID 21478 Document 191 of 401------ -CITE- 16 USC Sec. 460zz-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CXI Part A -HEAD- Sec. 460zz-4. Administration -STATUTE- (a) Authorities The Secretary shall administer the Area in accordance with this part. Only those lands within the Area under the direct jurisdiction of the Secretary shall be administered in accordance with the provisions of law generally applicable to units of the National Park System. Other lands and waters within the Area shall be administered under State and local laws. In the case of any conflict between the provisions of this part and such generally applicable provisions of law, the provisions of this part shall govern. (b) State and local authorities The Secretary shall consult and cooperate with the State of Minnesota and its political subdivisions concerning the development and management of Federal lands within the Area. (c) Land acquisition Within the boundaries of the Area, the Secretary is authorized, in consultation with the State of Minnesota and the affected local governmental unit, to acquire land and interests therein by donation, purchase with donated or appropriated funds, exchange or transfer, except as provided in paragraphs (1) and (2). (1) Any lands or interests therein owned by the State of Minnesota or any political subdivision thereof may be acquired only by donation. (2) Privately owned lands or interests therein may be acquired only with the consent of the owner thereof unless the Secretary makes a determination pursuant to subsection (d)(2) of this section. In no event may the Secretary use the authority provided in subsection (d)(3) of this section to acquire land or interests in land without the owner's consent for any use exercised prior to January 1, 1987, that is consistent with the plan under section 460zz-2 of this title. (d) Review of local plans (1) Authority For the purpose of protecting the integrity of the Area the Secretary shall cooperate and consult with the State and the appropriate political subdivisions to review all relevant local plans, laws and ordinances to determine whether they substantially conform to the plan approved pursuant to section 460zz-2 of this title. Additionally the Secretary shall in consultation with the State and its political subdivisions determine the adequacy of enforcement of such plans, laws, and ordinances, including review of building permits and zoning variances granted by local governments, and amendments to local laws and ordinances. The Secretary shall enter into agreements with the State or its political subdivisions to provide, on behalf of the Secretary, professional services necessary for the review of such local plans, laws, and ordinances, and of amendments thereto and variances therefrom, and for the monitoring or the enforcement thereof by local governments having jurisdiction over any areas to which the management plan applies. (2) Purpose The purpose of review under paragraph (1) shall be to determine the degree to which actions by local governments are compatible with the purposes of this subchapter. Following the approval of the plan under section 460zz-2 of this title and after a reasonable period of time has elapsed, upon a finding by the Secretary that such plans, laws and ordinances are nonexistent, are otherwise not in conformance with the plan or are not being enforced in a manner consistent with the plan, and if the Secretary determines that there is no feasible alternative available to prevent uses which would be substantially incompatible with the plan, the Secretary may exercise the authority available to him under the provisions of paragraph (3). (3) Enforcement In those sections of the Area where local plans, laws and ordinances, or amendments thereto or variances therefrom are found by the Secretary not to be in conformance with the plan approved pursuant to section 460zz-2 of this title, or are not being enforced in a manner consistent with the plan, the Secretary shall notify the local government authority concerned. The Secretary may withhold from the local government authority concerned or, require reimbursement of, (A) Federal funds made available for implementation of the plan, or (B) any grant under section 460zz-5(a) of this title if the local plan, law, ordinance, amendment, or variance is not modified to conform with the plan and enforced in such manner as will carry out the purposes of this part. If the State has not initiated, within a 60-day period, such judicial or other action as necessary to ensure conformity with the plan, and if noncompliance with the plan or failure to enforce the plan continues after the end of such 60-day period, the Secretary may acquire, subject to appropriations, land or interests in land under this subsection without the consent of the owner thereof. Land and interests in land acquired pursuant to this subsection shall be restricted to the geographical area of the local government unit failing to conform with the plan and shall be limited to those lands clearly and directly required, in the judgment of the Secretary, for the protection of the Area in a manner compatible with the plan. (e) Retention by owner of use and occupancy The Secretary may permit the owner or owners of any improved residential property acquired by the Secretary under this part to retain a right of use and occupancy of the property for noncommerical residential uses not incompatible with the plan approved under section 460zz-2 of this title. The provisions of subsection (c), (d), and (e) of section 460ii-1 of this title shall apply to the retention of such rights, except that for purposes of this part, the applicable date shall be January 1, 1987 in lieu of January 1, 1975 and the purposes of this part shall be substituted for the purposes referred to in section 460ii-1(d) of this title. -SOURCE- (Pub. L. 100-696, title VII, Sec. 705, Nov. 18, 1988, 102 Stat. 4605; Pub. L. 101-40, Sec. 4(1), June 20, 1989, 103 Stat. 82.) -MISC1- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-40 substituted 'Other' for 'Our' in third sentence. ------DocID 21488 Document 192 of 401------ -CITE- 16 USC Sec. 460aaa-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CXII -HEAD- Sec. 460aaa-4. Fish and game -STATUTE- (a) In general Nothing in this subchapter shall be construed as affecting the responsibilities of the State of Michigan with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping in any lands acquired and managed by the Secretary under this subchapter, except that the Secretary may, in consultation with the State of Michigan, designate zones where, and establish periods when, no hunting, fishing or trapping shall be permitted for reasons of public safety, administration, the protection of nongame species and their habitats, or public use and enjoyment. (b) Notice of Secretarial action As soon as practicable after each case in which the Secretary exercises authority under subsection (a) of this section, the Secretary, in consultation with appropriate officials of the State of Michigan, shall take steps to notify area residents as to the nature of actions taken, and the location of zones designated and periods established, under subsection (a) of this section. (c) Consultation Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect after consultation with the fish and wildlife agency of the State of Michigan. -SOURCE- (Pub. L. 101-292, Sec. 5, May 17, 1990, 104 Stat. 188.) ------DocID 21498 Document 193 of 401------ -CITE- 16 USC Sec. 460bbb-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CXIII -HEAD- Sec. 460bbb-4. Acquisition and disposal of lands and other property -STATUTE- (a) Acquisition The Secretary is authorized to acquire by purchase, donation, exchange, or otherwise lands, waters, or interests therein (including scenic or other easements), and structures or other improvements thereon, within the boundaries of the recreation area as the Secretary determines appropriate for the purposes of this subchapter. In exercising this authority, the Secretary is directed to give prompt and careful consideration to any offer to sell, exchange, or otherwise dispose of such property made by an individual or organization. The Secretary shall not acquire any land or interest in land owned by the State of California or any of its political subdivisions within the recreation area except by donation or exchange. All lands acquired by the Secretary pursuant to this subchapter shall be subject to the laws and regulations pertaining to the National Forest System and this subchapter. (b) Transfers to Del Norte County (1) Upon the adoption of a resolution by the Board of Supervisors of the County of Del Norte, California, accepting title to the lands described in paragraph (2) and subject to the County of Del Norte bearing the cost of the survey of such lands, the Secretary shall transfer all right, title, and interest of the United States in and to the lands described in paragraph (2). (2) The lands referred to in paragraph (1) are described as follows: (A) Lands north of tract 37, T. 17 N., R. 3 E., H.M., containing 6 acres, more or less, and more particularly described as: Commencing at the N.E. corner of tract 37, T. 17 N., R. 3 E., H.M.; thence, northerly on a line continuing the eastern boundary of said tract 37 to a point where it intersects the southern boundary of the easement for State highway conveyed to the State of California, Department of Transportation, on the 17th day of May 1977, and recorded on June 22, 1977 at book 206 of Official Records, page 256; thence, southwesterly along the southern boundary of said easement to the point where it intersects the northern boundary of said tract 37; thence, easterly along the northern boundary of said tract 37 to the point of beginning. (B) Lands east of tract 37, T. 17 N., R. 3 E., H.M., containing 6 acres, more or less, and more particularly described as: Commencing at a point on the eastern boundary of tract 37, T. 17 N., R. 3 E., H.M., lying 332 feet southerly of the N.E. corner of said tract 37; thence, due east to the high water line of the Middle Fork of the Smith River; thence, southwesterly along the high water line of the Middle Fork of the Smith River to its intersection with the northern boundary of tract 38, T. 17 N., R. 3 E.; thence, westerly along the northern boundary of said tract 38 to its intersection with said track 37; thence, northerly along the eastern boundary of said tract 37 to the point of beginning. (c) Conditions of transfer Transfer of the lands and interests described in subsection (b)(2) of this section shall be subject to the condition that all right, title, and interest therein shall revert to the United States if the county of Del Norte, California, attempts to transfer any portion of such lands to any other entity or person or if Del Norte County permits any portion of such lands to be used for any purpose incompatible with the purposes of this subchapter. The Secretary shall include in any document of conveyance whereby such lands are transferred to the county of Del Norte appropriate provisions to implement this subsection. (d) Withdrawal Subject to valid existing rights, all public lands within the recreation area are hereby withdrawn from entry, sale, or other disposition under the public land laws of the United States. This subsection shall not affect the exchange authorities of the Secretary. -SOURCE- (Pub. L. 101-612, Sec. 6, Nov. 16, 1990, 104 Stat. 3213.) -REFTEXT- REFERENCES IN TEXT The public land laws, referred to in subsec. (d), are classified generally to Title 43, Public Lands. ------DocID 21511 Document 194 of 401------ -CITE- 16 USC Sec. 460ccc-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CXIV -HEAD- Sec. 460ccc-4. Acquisitions -STATUTE- (a) In general (1) Within the conservation area, and subject to the provisions of this section, the Secretary is authorized to acquire lands, interests in lands, and associated water rights, by donation, purchase with donated or appropriated funds, exchange for Federal lands outside the conservation area, or transfer from another Federal agency with the concurrence of the head of the appropriate agency thereof. (2) Lands or interests therein owned by the State of Nevada or a political subdivision thereof may be acquired by donation or exchange only. (3) No privately owned lands, interests in lands, or associated water rights, may be acquired without the consent of the owner thereof unless the Secretary determines that, in his judgment, the property is subject to, or threatened with, uses which are having, or would have, an adverse impact on the resource values for which the conservation area was established. (4) Any lands, waters, or interests therein within the boundaries of the conservation area which after November 16, 1990, may be acquired by the United States shall be incorporated into the conservation area and be managed accordingly, and all provisions of this subchapter and other laws applicable to conservation areas shall apply to such incorporated lands. (b) Land exchanges All exchanges pursuant to subsection (a) of this section shall be made in a manner consistent with section 1716 of title 43. -SOURCE- (Pub. L. 101-621, Sec. 6, Nov. 16, 1990, 104 Stat. 3344.) ------DocID 21597 Document 195 of 401------ -CITE- 16 USC Sec. 470w-4 -EXPCITE- TITLE 16 CHAPTER 1A SUBCHAPTER II -HEAD- Sec. 470w-4. Attorneys' fees and costs to prevailing parties in civil actions -STATUTE- In any civil action brought in any United States district court by any interested person to enforce the provisions of this subchapter, if such person substantially prevails in such action, the court may award attorneys' fees, expert witness fees, and other costs of participating in such action, as the court deems reasonable. -SOURCE- (Pub. L. 89-665, title III, Sec. 305, as added Pub. L. 96-515, title V, Sec. 501, Dec. 12, 1980, 94 Stat. 3002.) ------DocID 21906 Document 196 of 401------ -CITE- 16 USC Sec. 580p-4 -EXPCITE- TITLE 16 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 580p-4. Injunction against unauthorized manufacture, use, or reproduction -STATUTE- (a) Whoever, except as provided by rules and regulations issued by the Secretary, manufactures, uses, or reproduces the character 'Smokey Bear', or the name 'Smokey Bear', or a facsimile or simulation of such character or name in such a manner as suggests 'Smokey Bear' may be enjoined from such manufacture, use, or reproduction at the suit of the Attorney General upon complaint by the Secretary. (b) Whoever, except as provided by rules and regulations issued by the Secretary, manufactures, uses, or reproduces the character 'Woodsy Owl', the name 'Woodsy Owl', or the slogan 'Give a Hoot, Don't Pollute', or a facsimile or simultation of such character, name, or slogan in such a manner as suggests 'Woodsy Owl' may be enjoined from such manufacture, use, or reproduction at the suit of the Attorney General upon complaint by the Secretary. -SOURCE- (Pub. L. 93-318, Sec. 4, June 22, 1974, 88 Stat. 245.) -COD- CODIFICATION Section was formerly classified to section 488b-6 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 580p, 580p-3 of this title. ------DocID 21922 Document 197 of 401------ -CITE- 16 USC Sec. 582a-4 -EXPCITE- TITLE 16 CHAPTER 3 SUBCHAPTER III -HEAD- Sec. 582a-4. Regulations; advice and assistance; appointment, membership, etc., of council -STATUTE- (a) Regulations and assistance The Secretary shall prescribe such regulations as may be necessary to carry out this subchapter and to furnish such advice and assistance through a cooperative State forestry research unit in the Department as will best promote the purposes of this subchapter. (b) Advisory council The Secretary shall appoint a council of not fewer than sixteen members which shall be constituted to give representation to Federal and State agencies concerned with developing and utilizing the Nation's forest resources, the forest industries, the forestry schools of the State-certified eligible institutions, State agricultural experiment stations, and volunteer public groups concerned with forests and related natural resources. The council shall meet at least annually and shall submit a report to the Secretary on regional and national planning and coordination of forestry research within the Federal and State agencies, forestry schools, and the forest industries, and shall advise the Secretary on the apportionment of funds. The Secretary shall seek, at least once each year, the advice of the council to accomplish efficiently the purposes of this subchapter. -SOURCE- (Pub. L. 87-788, Sec. 5, Oct. 10, 1962, 76 Stat. 807; Pub. L. 97-98, title XIV, Sec. 1441(c), Dec. 22, 1981, 95 Stat. 1320.) -MISC1- AMENDMENTS 1981 - Pub. L. 97-98 substituted provisions directing the Secretary to promulgate necessary regulations, furnish necessary advice and assistance, and appoint a council of no fewer than sixteen members in order to give representation to Federal and State agencies in developing cooperative State forestry programs for provisions which had directed the Secretary to make apportionments among participating States only after consulting with a national advisory board of not less than seven officials of the forestry schools of the State-certified eligible colleges and universities chosen by a majority of such schools. See section 582a-5 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97-98, set out as an Effective Date note under section 4301 of Title 7, Agriculture. TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 582a-5, 582a-8 of this title. ------DocID 21943 Document 198 of 401------ -CITE- 16 USC Sec. 583j-4 -EXPCITE- TITLE 16 CHAPTER 3 SUBCHAPTER V -HEAD- Sec. 583j-4. Volunteers -STATUTE- The Secretary may accept, without regard to the civil service classification laws, rules and regulations, any director, officer, employee or agent of the Foundation as a volunteer for purposes of the Volunteers in the National Forests Act of 1972 (16 U.S.C. 558a through 558d; 86 Stat. 147). -SOURCE- (Pub. L. 101-593, title IV, Sec. 406, Nov. 16, 1990, 104 Stat. 2973.) -REFTEXT- REFERENCES IN TEXT The civil service classification laws, referred to in text, probably should refer to civil service and classification laws. The civil service laws are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. The classification laws are set forth in chapter 51 and subchapter III of chapter 53 of Title 5. The Volunteers in the National Forests Act of 1972, referred to in text, is Pub. L. 92-300, May 18, 1972, 86 Stat. 147, as amended, which is classified generally to section 558a et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 558a of this title and Tables. ------DocID 21970 Document 199 of 401------ -CITE- 16 USC Sec. 590h-4 -EXPCITE- TITLE 16 CHAPTER 3B -HEAD- Sec. 590h-4. Conditions for payments of grants -STATUTE- Payments of grants under sections 590g, 590h, 590i, and 590j to 590q of this title, may be conditioned upon the utilization of land with respect to which such payments or grants are to be made in conformity with farming practices which will encourage and provide for soil-building and soil- and water-conserving practices in the most practical and effective manner and adapted to conditions in the several States, as determined and approved by the State committees appointed pursuant to section 590h(b) of this title, for the respective States. -SOURCE- (Aug. 3, 1956, ch. 950, Sec. 6(b), 70 Stat. 1033.) -COD- CODIFICATION Section was enacted as a part of the Department of Agriculture Organic Act of 1956, and not as a part of the Soil Conservation and Domestic Allotment Act which comprises this chapter. ------DocID 21988 Document 200 of 401------ -CITE- 16 USC Sec. 590r to 590x-4 -EXPCITE- TITLE 16 CHAPTER 3C SUBCHAPTER I -HEAD- Sec. 590r to 590x-4. Repealed. Pub. L. 87-128, title III, Sec. 341(a), Aug. 8, 1961, 75 Stat. 318 -MISC1- Section 590r, acts Aug. 28, 1937, ch. 870, Sec. 1, 50 Stat. 869; Aug. 17, 1954, ch. 751, Sec. 1(1), (2), 68 Stat. 734; July 12, 1960, Pub. L. 86-624, Sec. 9, 74 Stat. 412, related to Congressional declaration of policy. Section 590s, acts Aug. 28, 1937, ch. 870, Sec. 2, 50 Stat. 869; Aug. 17, 1954, ch. 751, Sec. 1(3), 68 Stat. 735, related to powers and duties of Secretary of Agriculture. Section 590t, act Aug. 28, 1937, ch. 870, Sec. 3, 50 Stat. 869, related to location of projects. Section 590u, act Aug. 28, 1937, ch. 870, Sec. 4, 50 Stat. 870, related to State aid and certain requirements. Section 590v, act Aug. 28, 1937, ch. 870, Sec. 5, 50 Stat. 870, related to use of employees and agencies within Department of Agriculture. Section 590w, act Aug. 28, 1937, ch. 870, Sec. 6, 50 Stat. 870, related to cooperation of governmental agencies, expenditures and rules and regulations. Section 590x, act Aug. 28, 1937, ch. 870, Sec. 7, 50 Stat. 870, authorized appropriations. Section 590x-1, act Aug. 28, 1937, ch. 870, Sec. 8, as added Aug. 17, 1954, ch. 751, Sec. 1(4), 68 Stat. 735, prescribed limitations on aid. Section 590x-2, act Aug. 28, 1937, ch. 870, Sec. 9, as added Aug. 17, 1954, ch. 751, Sec. 1(4), 68 Stat. 735, authorized loans for farm land improvement. Section 590x-3, act Aug. 28, 1937, ch. 870, Sec. 10(a)-(e), as added Aug. 17, 1954, ch. 751, Sec. 1(4), 68 Stat. 735, provided for an insurance program for loans by other than United States, an insurance fund, contents of fund, selling and reinsuring of notes, disposition of insurance charges, insurance contract as United States obligation, incontestability, discharge of obligations, and limitation on aggregate amount of obligations. Section 590x-4, act Aug. 28, 1937, ch. 870, Sec. 11, as added Aug. 25, 1958, Pub. L. 85-748, Sec. 2, 72 Stat. 841, related to authorization of Secretary for execution, insurance and sale of loans, insurance, appraisal and delinquency charges, use of proceeds for expenses; computation of aggregate amount of principal obligations which may be insured, insurance of loans from funds advanced by lenders other than United States, provisions applicable to loans, conversion of loans to insured loans, expense funds, sale of loans on noninsured basis and assignment of loans. The subject matter of former sections 590r to 590x-4 of this title is covered by section 1921 et seq. of Title 7, Agriculture. EFFECTIVE DATE OF REPEAL Repeal of sections effective one hundred and twenty days after Aug. 8, 1961, or such earlier date as the provisions of section 1921 et seq. of Title 7, Agriculture, are made effective by regulations of Secretary of Agriculture, see section 341(a) of Pub. L. 87-128, set out as a note under section 1921 of Title 7. Sections repealed effective Oct. 15, 1961, by section 300.1 of former Title 6, Code of Federal Regulations, see Effective Date note under section 1921 of Title 7. ------DocID 21995 Document 201 of 401------ -CITE- 16 USC Sec. 590z-4 -EXPCITE- TITLE 16 CHAPTER 3C SUBCHAPTER II -HEAD- Sec. 590z-4. Cooperative agreements with other agencies -STATUTE- The Secretary, by cooperative agreements, may arrange with the Department of Agriculture or with such other Federal or State agencies, as the President may deem desirable, for cooperation in the investigations and surveys of projects proposed under the authority of this subchapter; and in connection with any such project which is undertaken the Secretary by such cooperative agreements may arrange for such cooperation in the construction or operation and maintenance of the project as he deems desirable. Any such cooperative agreement with the Department of Agriculture may provide, among other things (1) that the Secretary of Agriculture shall enter into the repayment contracts, required by section 590z-2 of this title and shall handle the collections of repayments and shall take over the other administrative duties connected with the project, after the Secretary of the Interior announces that the project is ready for operation; (2) if such agreement be entered into after construction of the project has been undertaken by the Secretary of the Interior and after he has entered into the repayment contracts required by section 590z-2 of this title, that the Secretary of Agriculture shall take over the collection of repayments and other administrative duties connected with the project; (3) that no water shall be delivered to or for any land or party while the owner of said land or said party is in arrears for more than twelve months in the payment to the United States of money due and payable under a land contract entered into pursuant to section 590z-3(a) of this title; and (4) that any repayment contract with a water user or water users' organization entered into pursuant to section 590z-2 of this title and any land contract with the same water user or organization entered into pursuant to section 590z-3(a) of this title, if said contracts involve the same land, may be combined in a single instrument. The Secretary of Agriculture is authorized to carry out the provision of any such cooperative agreements. -SOURCE- (Aug. 11, 1939, ch. 717, Sec. 6, as added Oct. 14, 1940, ch. 861, 54 Stat. 1123.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 590z-1 of this title. ------DocID 22003 Document 202 of 401------ -CITE- 16 USC CHAPTER 4 -EXPCITE- TITLE 16 CHAPTER 4 -HEAD- CHAPTER 4 - PROTECTION OF TIMBER, AND DEPREDATIONS -MISC1- Sec. 591, 592. Repealed. 593. Protection of timber in Florida. 594. Protection of timber owned by United States from fire, disease, or insect ravages. 594-1 to 600. Repealed. 601. Disposition of moneys collected for depredations. 602. Seizure of timber cut. 603. Omitted. 604. Cutting timber on certain mineral lands; permits to corporations; railroad corporations. 605. Unlawful cutting on mineral lands; notice to Secretary. 606. Offense for unlawful cutting on mineral lands; punishment. 607. Cutting and removal of timber on certain public lands for certain purposes. 607a. Cutting and use of timber in Alaska by settlers, residents, miners, etc. 608. Permits to cut and remove timber; citizens of Malheur County, Oregon. 609. Permits to cut and remove timber; citizens of Modoc County, California. 610. Permits to cut and remove timber; citizens of Washington County and Kane County, Utah. 611. Permits to cut and remove timber; citizens of Idaho and Wyoming. 611a. Permits to cut and remove timber; citizens of Bear Lake County, Idaho. 612. Permits to cut and remove timber to certain corporations. 613. Limitations of use of timber taken not to apply to certain territory. 614, 615. Repealed. 615a. Sale of timber in Alaska; appraisal; local consumption; accounting; deposit in Treasury. 615b. Exportation of timber pulp wood and wood pulp from Alaska. 616. Exportation of timber cut on national forest or public land in Alaska 617. Exportation of unprocessed timber from Federal lands. (a) Limitation of quantity available for export. (b) Surplus quantities and species available for export; public hearing; administrative finding. (c) Rules and regulations; prevention of substitution of Federal for non-Federal timber. (d) Limitations inapplicable to sales of prescribed minimum value. 618. Timber contract payment modification. (a) Statement of purpose, authorization, scope, qualifications, financial requirements, etc., for buy-out. (b) Extension of time for performance of contracts; covered contracts; damages for default. (c) Monitoring of bidding patterns on timber sale contracts; discouragement of bids; reporting requirements. (d) Cash down-payment and periodic payments for contracts; effective date. 619. Emergency stumpage rate redeterminations in Alaska. (a) Application; applicable period. (b) Competitive effect of modification of contracts. (c) Excepted contracts. 620. Findings and purposes. (a) Findings. (b) Purposes. 620a. Restrictions on exports of unprocessed timber originating from Federal lands. (a) Prohibition on export of unprocessed timber originating from Federal lands. (b) Surpluses. 620b. Limitations on substitution of unprocessed Federal timber for unprocessed timber exported from private lands. (a) Direct substitution. (b) Indirect substitution. (c) Approval of sourcing areas. 620c. Restriction on exports of unprocessed timber from State and other public lands. (a) Order to prohibit export of unprocessed timber originating from State or other public lands. (b) Schedule for determination to prohibit export of unprocessed timber originating from State or other public lands. (c) Basis for increase in volume prohibited from export. (d) Administrative provisions. (e) Presidential authority. (f) Removal or modifications of State restrictions. (g) Effect of prior Federal law. (h) Surplus timber. (i) Suspension of prohibitions. (j) Existing authority not affected. 620d. Monitoring and enforcement. (a) Monitoring and reports. (b) Report to Congress. (c) Civil penalties for violation. (d) Administrative remedies. (e) Exception. 620e. Definitions. 620f. Regulations and review. (a) Regulations. (b) Review. 620g. Authorization of appropriations. 620h. Savings provision. 620i. Eastern hardwoods study. (a) Study. (b) Report to Congress. 620j. Authority of Export Administration Act of 1979. ------DocID 22228 Document 203 of 401------ -CITE- 16 USC Sec. 698m-4 -EXPCITE- TITLE 16 CHAPTER 6 -HEAD- Sec. 698m-4. Oil and gas exploration, development, and production in Big Cypress National Preserve and Addition -STATUTE- (a) Promulgation of rules and regulations Within nine months from April 29, 1988, the Secretary shall promulgate, subject to the requirements of subsections (b)-(e) of this section, such rules and regulations governing the exploration for and development and production of non-Federal interests in oil and gas located within the boundaries of the Big Cypress National Preserve and the Addition, including but not limited to access on, across, or through all lands within the boundaries of the Big Cypress National Preserve and the Addition for the purpose of conducting such exploration or development and production, as are necessary and appropriate to provide reasonable use and enjoyment of privately owned oil and gas interests, and consistent with the purposes for which the Big Cypress National Preserve and the Addition were established. Rules and regulations promulgated pursuant to the authority of this section may be made by appropriate amendment to or in substitution of the rules and regulations respecting non-Federal oil and gas rights (currently codified at 36 CFR 9.30, et seq. (1986)). (b) Contents of rule or regulation; permit from National Park Service Any rule or regulation promulgated by the Secretary under subsection (a) of this section shall provide that - (1) exploration or development and production activities may not be undertaken, except pursuant to a permit issued by the National Park Service authorizing such activities or access; and (2) final action by the National Park Service with respect to any application for a permit authorizing such activities shall occur within 90 days from the date such an application is submitted unless - (A) the National Park Service and the applicant agree that such final action shall occur within a shorter or longer period of time; or (B) the National Park Service determines that an additional period of time is required to ensure that the National Park Service has, in reviewing the application, complied with other applicable law, Executive orders and regulations; or (C) the National Park Service, within 30 days from the date of submission of such application, notifies the applicant that such application does not contain all information reasonably necessary to allow the National Park Service to consider such application and requests that such additional information be provided. After receipt of such notification to the applicant, the applicant shall supply any reasonably necessary additional information and shall advise the National Park Service that the applicant believes that the application contains all reasonably necessary information and is therefore complete, whereupon the National Park Service may - (i) within 30 days of receipt of such notice from the applicant to the National Park Service determine that the application does not contain all reasonably necessary additional information and, on that basis, deny the application; or (ii) review the application and take final action within 60 days from the date that the applicant provides notification to the National Park Service that its application is complete. (c) Activities to conform to requirements of National Park Service Such activities shall be permitted to occur if such activities conform to requirements established by the National Park Service under authority of law. (d) Consideration of practices used in similar habitats or ecosystems In establishing standards governing the conduct of exploration or development and production activities within the boundaries of the Big Cypress National Preserve or the Addition, the Secretary shall take into consideration oil and gas exploration and development and production practices used in similar habitats or ecosystems within the Big Cypress National Preserve or the Addition at the time of promulgation of the rules and regulations under subsection (a) of this section or at the time of the submission of the application seeking authorization for such activities, as appropriate. (e) Interim agreements with owners of non-Federal oil and gas interests prior to promulgation of rules and regulations Prior to the promulgation of rules or regulations under this section, the Secretary is authorized, consistent with the purposes of which the Big Cypress National Preserve Addition was established, to enter into interim agreements with owners of non-Federal oil and gas interests governing the conduct of oil and gas exploration, development or production activities within the boundaries of the Addition, which agreements shall be superseded by the rules and regulations promulgated by the Secretary when applicable: Provided, That such agreement shall be consistent with the requirements of subsections (b)-(d) of this section and may be altered by the terms of rules and regulations subsequently promulgated by the Secretary: Provided further, That this provision shall not be construed to enlarge or diminish the authority of the Secretary to establish rules and regulations applicable to the conduct of exploration or development and production activities within the Big Cypress National Preserve or the Addition. (f) Minerals Management Office; establishment; duties There is hereby authorized to be established a Minerals Management Office within the Office of the Superintendent of the Big Cypress National Preserve, for the purpose of ensuring, consistent with the purposes for which the Big Cypress National Preserve was established, timely consideration of and final action on applications for the exploration or development and production of non-Federal oil and gas rights located beneath the surface of lands within the boundaries of the Big Cypress National Preserve and the Addition. (g) Authorization of appropriations There are hereby authorized to be appropriated such sums as may be necessary to carry out the activities set forth in this section. -SOURCE- (Pub. L. 93-440, Sec. 12, as added Pub. L. 100-301, Sec. 8, Apr. 29, 1988, 102 Stat. 446.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 698f, 698g, 698h, 698i, 698j, 698m, 698m-1 of this title. ------DocID 22267 Document 204 of 401------ -CITE- 16 USC Sec. 715k-4 -EXPCITE- TITLE 16 CHAPTER 7 SUBCHAPTER III -HEAD- Sec. 715k-4. Accounting and use of appropriations -STATUTE- Funds appropriated each fiscal year pursuant to sections 715k-3 to 715k-5 of this title shall be accounted for, added to, and used for purposes of the migratory bird conservation fund established pursuant to section 718d of this title. -SOURCE- (Pub. L. 87-383, Sec. 2, Oct. 4, 1961, 75 Stat. 813.) -COD- CODIFICATION Section was not enacted as part of the Migratory Bird Conservation Act which comprises this subchapter. ------DocID 22358 Document 205 of 401------ -CITE- 16 USC Sec. 758e-4 -EXPCITE- TITLE 16 CHAPTER 9A -HEAD- Sec. 758e-4. 'Central, Western, and South Pacific Ocean area' defined -STATUTE- As used in sections 758e to 758e-5 of this title, the term 'Central, Western, and South Pacific Ocean' means that area of the Pacific Ocean between latitudes 30 degrees north to 30 degrees south and from longitudes 120 degrees east to 130 degrees west. -SOURCE- (Pub. L. 92-444, Sec. 7, formerly Sec. 6, Sept. 29, 1972, 86 Stat. 745; renumbered Pub. L. 95-295, Sec. 1(4), June 16, 1978, 92 Stat. 319.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 758e, 758e-1, 758e-1a, 758e-3, 758e-5 of this title. ------DocID 22365 Document 206 of 401------ -CITE- 16 USC Sec. 760-4 -EXPCITE- TITLE 16 CHAPTER 9A -HEAD- Sec. 760-4. Establishment of trout hatchery at Pittsford, Vermont -STATUTE- The Secretary of the Interior shall develop, reconstruct, equip, operate, and maintain the Federal fish hatchery, known as the Holden trout hatchery, at Pittsford, Vermont, in accordance with the program established by the Fish and Wildlife Service, Department of the Interior, for the improvement of such hatchery. -SOURCE- (Aug. 1, 1956, ch. 845, Sec. 1, 70 Stat. 897.) -MISC1- APPROPRIATIONS Section 2 of act Aug. 1, 1956, authorized the appropriation of $220,000 to carry out the provisions of this section. ------DocID 22479 Document 207 of 401------ -CITE- 16 USC Sec. 824a-4 -EXPCITE- TITLE 16 CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 824a-4. Seasonal diversity electricity exchange -STATUTE- (a) Authority The Secretary may acquire rights-of-way by purchase, including eminent domain, through North Dakota, South Dakota, and Nebraska for transmission facilities for the seasonal diversity exchange of electric power to and from Canada if he determines - (1) after opportunity for public hearing - (A) that the exchange is in the public interest and would further the purposes referred to in section 2611(1) and (2) of this title and that the acquisition of such rights-of-way and the construction and operation of such transmission facilities for such purposes is otherwise in the public interest, (B) that a permit has been issued in accordance with subsection (b) of this section for such construction, operation, maintenance, and connection of the facilities at the border for the transmission of electric energy between the United States and Canada as is necessary for such exchange of electric power, and (C) that each affected State has approved the portion of the transmission route located in each State in accordance with applicable State law, or if there is no such applicable State law in such State, the Governor has approved such portion; and (2) after consultation with the Secretary of the Interior and the heads of other affected Federal agencies, that the Secretary of the Interior and the heads of such, (FOOTNOTE 1) other agencies concur in writing in the location of such portion of the transmission facilities as crosses Federal land under the jurisdiction of such Secretary or such other Federal agency, as the case may be. (FOOTNOTE 1) So in original. Comma probably should be deleted. The Secretary shall provide to any State such cooperation and technical assistance as the State may request and as he determines appropriate in the selection of a transmission route. If the transmission route approved by any State does not appear to be feasible and in the public interest, the Secretary shall encourage such State to review such route and to develop a route that is feasible and in the public interest. Any exercise by the Secretary of the power of eminent domain under this section shall be in accordance with other applicable provisions of Federal law. The Secretary shall provide public notice of his intention to acquire any right-of-way before exercising such power of eminent domain with respect to such right-of-way. (b) Permit Notwithstanding any transfer of functions under the first sentence of section 301(b) of the Department of Energy Organization Act (42 U.S.C. 7151(b)), no permit referred to in subsection (a)(1)(B) may be issued unless the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act (16 U.S.C. 824a(e)) and under the applicable execution order respecting the construction, operation, maintenance, or connection at the borders of the United States of facilities for the transmission of electric energy between the United States and a foreign country. Any finding of the Commission under an applicable executive order referred to in this subsection shall be treated for purposes of judicial review as an order issued under section 202(e) of the Federal Power Act. (c) Timely acquisition by other means The Secretary may not acquire any rights-of-day (FOOTNOTE 2) under this section unless he determines that the holder or holders of a permit referred to in subsection (a)(1)(B) of this section are unable to acquire such rights-of-way under State condemnation authority, or after reasonable opportunity for negotiation, without unreasonably delaying construction, taking into consideration the impact of such delay on completion of the facilities in a timely fashion. (FOOTNOTE 2) So in original. Probably should be 'rights-of-way'. (d) Payments by permittees (1) The property interest acquired by the Secretary under this section (whether by eminent domain or other purchase) shall be transferred by the Secretary to the holder of a permit referred to in subsection (b) of this section if such holder has made payment to the Secretary of the entire costs of the acquisition of such property interest, including administrative costs. The Secretary may accept, and expend, for purposes of such acquisition, amounts from any such person before acquiring a property interest to be transferred to such person under this section. (2) If no payment is made by a permit holder under paragraph (1), within a reasonable time, the Secretary shall offer such rights-of-way to the original owner for reacquisition at the original price paid by the Secretary. If such original owner refuses to reacquire such property after a reasonable period, the Secretary shall dispose of such property in accordance with applicable provisions of law governing disposal of property of the United States. (e) Federal law governing Federal lands This section shall not affect any Federal law governing Federal lands. (f) Reports The Secretary shall report annually to the Congress on the actions, if any, taken pursuant to this section. -SOURCE- (Pub. L. 95-617, title VI, Sec. 602, Nov. 9, 1978, 92 Stat. 3164.) -REFTEXT- REFERENCES IN TEXT The Secretary, referred to in subsecs. (a), (c), (d), and (f), means the Secretary of Energy. See section 2602(14) of this title. The Commission, referred to in subsec. (b), means the Federal Energy Regulatory Commission. See section 2602(3) of this title. -COD- CODIFICATION Section was enacted as part of the Public Utility Regulatory Policies Act of 1978, and not as part of the Federal Power Act which generally comprises this chapter. ------DocID 22547 Document 208 of 401------ -CITE- 16 USC Sec. 831n-4 -EXPCITE- TITLE 16 CHAPTER 12A -HEAD- Sec. 831n-4. Bonds for financing power program -STATUTE- (a) Authorization; amount; use of proceeds; restriction on contracts for sale or delivery of power; exchange power arrangements; payment of principal and interest; bond contracts The Corporation is authorized to issue and sell bonds, notes, and other evidences of indebtedness (hereinafter collectively referred to as 'bonds') in an amount not exceeding $30,000,000,000 outstanding at any one time to assist in financing its power program and to refund such bonds. The Corporation may, in performing functions authorized by this chapter, use the proceeds of such bonds for the construction, acquisition, enlargement, improvement, or replacement of any plant or other facility used or to be used for the generation or transmission of electric power (including the portion of any multiple-purpose structure used or to be used for power generation); as may be required in connection with the lease, lease-purchase, or any contract for the power output of any such plant or other facility; and for other purposes incidental thereto. Unless otherwise specifically authorized by Act of Congress the Corporation shall make no contracts for the sale or delivery of power which would have the effect of making the Corporation or its distributors, directly or indirectly, a source of power supply outside the area for which the Corporation or its distributors were the primary source of power supply on July 1, 1957, and such additional area extending not more than five miles around the periphery of such area as may be necessary to care for the growth of the Corporation and its distributors within said area: Provided, however, That such additional area shall not in any event increase by more than 2 1/2 per centum (or two thousand square miles, whichever is the lesser) the area for which the Corporation and its distributors were the primary source of power supply on July 1, 1957: And provided further, That no part of such additional area may be in a State not now served by the Corporation or its distributors or in a municipality receiving electric service from another source on or after July 1, 1957, and no more than five hundred square miles of such additional area may be in any one State now served by the Corporation or its distributors. Nothing in this subsection shall prevent the Corporation or its distributors from supplying electric power to any customer within any area in which the Corporation or its distributors had generally established electric service on July 1, 1957, and to which electric service was not being supplied from any other source on the effective date of this Act. Nothing in this subsection shall prevent the Corporation, when economically feasible, from making exchange power arrangements with other power-generating organizations with which the Corporation had such arrangements on July 1, 1957, nor prevent the Corporation from continuing to supply power to Dyersburg, Tennessee, and Covington, Tennessee, or from entering into contracts to supply or from supplying power to the cities of Paducah, Kentucky; Princeton, Kentucky; Glasgow, Kentucky; Fulton, Kentucky; Monticello, Kentucky; Hickman, Kentucky; Chickamauga, Georgia; Ringgold, Georgia; Oak Ridge, Tennessee; and South Fulton, Tennessee; or agencies thereof; or from entering into contracts to supply or from supplying power for the Naval Auxiliary Air Station in Lauderdale and Kemper Counties, Mississippi, through the facilities of the East Mississippi Electric Power Association: Provided further, That nothing herein contained shall prevent the transmission of TVA power to the Atomic Energy Commission or the Department of Defense or any agency thereof, on certification by the President of the United States that an emergency defense need for such power exists. Nothing in this chapter shall affect the present rights of the parties in any existing lawsuits involving efforts of towns in the same general area where TVA power is supplied to obtain TVA power. The principal of and interest on said bonds shall be payable solely from the Corporation's net power proceeds as hereinafter defined. Net power proceeds are defined for purposes of this section as the remainder of the Corporation's gross power revenues after deducting the costs of operating, maintaining, and administering its power properties (including costs applicable to that portion of its multiple-purpose properties allocated to power) and payments to States and counties in lieu of taxes but before deducting depreciation accruals or other charges representing the amortization of capital expenditures, plus the net proceeds of the sale or other disposition of any power facility or interest therein, and shall include reserve or other funds created from such sources. Notwithstanding the provisions of section 831y of this title or any other provision of law, the Corporation may pledge and use its net power proceeds for payment of the principal of and interest on said bonds, for purchase or redemption thereof, and for other purposes incidental thereto, including creation of reserve funds and other funds which may be similarly pledged and used, to such extent and in such manner as it may deem necessary or desirable. The Corporation is authorized to enter into binding covenants with the holders of said bonds - and with the trustee, if any - under any indenture, resolution, or other agreement entered into in connection with the issuance thereof (any such agreement being hereinafter referred to as a 'bond contract') with respect to the establishment of reserve funds and other funds, adequacy of charges for supply of power, application and use of net power proceeds, stipulations concerning the subsequent issuance of bonds or the execution of leases or lease-purchase agreements relating to power properties, and such other matters, not inconsistent with this chapter, as the Corporation may deem necessary or desirable to enhance the marketability of said bonds. The issuance and sale of bonds by the Corporation and the expenditure of bond proceeds for the purposes specified herein, including the addition of generating units to existing power-producing projects and the construction of additional power-producing projects, shall not be subject to the requirements or limitations of any other law. (b) Bonds not obligations of or guaranteed by United States; apportionment of proceeds Bonds issued by the Corporation hereunder shall not be obligations of, nor shall payment of the principal thereof or interest thereon be guaranteed by, the United States. Proceeds realized by the Corporation from issuance of such bonds and from power operations and the expenditure of such proceeds shall not be subject to apportionment under the provisions of subchapter II of chapter 15 of title 31. (c) Sale; terms and conditions; method; limitation on amount; statement in annual report Bonds issued by the Corporation under this section shall be negotiable instruments unless otherwise specified therein, shall be in such forms and denominations, shall be sold at such times and in such amounts, shall mature at such time or times not more than fifty years from their respective dates, shall be sold at such prices, shall bear such rates of interest, may be redeemable before maturity at the option of the Corporation in such manner and at such times and redemption premiums, may be entitled to such relative priorities of claim on the Corporation's net power proceeds with respect to principal and interest payments, and shall be subject to such other terms and conditions, as the Corporation may determine: Provided, That at least fifteen days before selling each issue of bonds hereunder (exclusive of any commitment shorter than one year) the Corporation shall advise the Secretary of the Treasury as to the amount, proposed date of sale, maturities, terms and conditions and expected rates of interest of the proposed issue in the fullest detail possible and, if the Secretary shall so request, shall consult with him or his designee thereon, but the sale and issuance of such bonds shall not be subject to approval by the Secretary of the Treasury except as to the time of issuance and the maximum rates of interest to be borne by the bonds: Provided further, That if the Secretary of the Treasury does not approve a proposed issue of bonds hereunder within seven working days following the date on which he is advised of the proposed sale, the Corporation may issue to the Secretary interim obligations in the amount of the proposed issue, which the Secretary is directed to purchase. In case the Corporation determines that a proposed issue of bonds hereunder cannot be sold on reasonable terms, it may issue to the Secretary interim obligations which the Secretary is authorized to purchase. Notwithstanding the foregoing provisions of this subsection, obligations issued by the Corporation to the Secretary shall not exceed $150,000,000 outstanding at any one time, shall mature on or before one year from date of issue, and shall bear interest equal to the average rate (rounded to the nearest one-eighth of a percent) on outstanding marketable obligations of the United States with maturities from dates of issue of one year or less as of the close of the month preceding the issuance of the obligations of the Corporation. If agreement is not reached within eight months concerning the issuance of any bonds which the Secretary has failed to approve, the Corporation may nevertheless proceed to sell such bonds on any date thereafter without approval by the Secretary in amount sufficient to retire the interim obligations issued to the Treasury and such interim obligations shall be retired from the proceeds of such bonds. For the purpose of any purchase of the Corporation's obligations the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under chapter 31 of title 31 are extended to include any purchases of the Corporation's obligations hereunder. The Corporation may sell its bonds by negotiation or on the basis of competitive bids, subject to the right, if reserved, to reject all bids; may designate trustees, registrars, and paying agents in connection with said bonds and the issuance thereof; may arrange for audits of its accounts and for reports concerning its financial condition and operations by certified public accounting firms (which audits and reports shall be in addition to those required by sections 9105 and 9106 of title 31, may, subject to any covenants contained in any bond contract, invest the proceeds of any bonds and other funds under its control which derive from or pertain to its power program in any securities approved for investment of national bank funds and deposit said proceeds and other funds, subject to withdrawal by check or otherwise, in any Federal Reserve Bank or bank having membership in the Federal Reserve System; and may perform such other acts not prohibited by law as it deems necessary or desirable to accomplish the purposes of this section. Bonds issued by the Corporation hereunder shall contain a recital that they are issued pursuant to this section, and such recital shall be conclusive evidence of the regularity of the issuance and sale of such bonds and of their validity. The annual report of the Board filed pursuant to section 831h of this title shall contain a detailed statement of the operation of the provisions of this section during the year. (d) Lawful investment; exemption from taxation Bonds issued by the Corporation hereunder shall be lawful investments and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of any officer or agency of the United States. The Secretary of the Treasury or any other officer or agency having authority over or control of any such fiduciary, trust, or public funds, may at any time sell any of the bonds of the Corporation acquired by them under this section. Bonds issued by the Corporation hereunder shall be exempt both as to principal and interest from all taxation now or hereafter imposed by any State or local taxing authority except estate, inheritance, and gift taxes. (e) Payment of excess power proceeds into Treasury; deferral From net power proceeds in excess of those required to meet the Corporation's obligations under the provisions of any bond or bond contract, the Corporation shall, beginning with fiscal year 1961, make payments into the Treasury as miscellaneous receipts on or before September 30, of each fiscal year as a return on the appropriation investment in the Corporation's power facilities, plus a repayment sum of not less than $10,000,000 for each of the first five fiscal years, $15,000,000 for each of the next five fiscal years, and $20,000,000 for each fiscal year thereafter, which repayment sum shall be applied to reduction of said appropriation investment until a total of $1,000,000,000 of said appropriation investment shall have been repaid. The said appropriation investment shall consist, in any fiscal year, of that part of the Corporation's total investment assigned to power as of the beginning of the fiscal year (including both completed plant and construction in progress) which has been provided from appropriations or by transfers of property from other Government agencies without reimbursement by the Corporation, less repayments of such appropriation investment made under title II of the Government Corporations Appropriation Act, 1948, this chapter, or other applicable legislation. The payment as a return on the appropriation investment in each fiscal year shall be equal to the computed average interest rate payable by the Treasury upon its total marketable public obligations as of the beginning of said fiscal year applied to said appropriation investment. Payments due hereunder may be deferred for not more than two years when, in the judgment of the Board of Directors of the Corporation, such payments cannot feasibly be made because of inadequacy of funds occasioned by drought, poor business conditions, emergency replacements, or other factors beyond the control of the Corporation. (f) Rates for sale of power; application of net proceeds The Corporation shall charge rates for power which will produce gross revenues sufficient to provide funds for operation, maintenance, and administration of its power system; payments to States and counties in lieu of taxes; debt service on outstanding bonds, including provision and maintenance of reserve funds and other funds established in connection therewith; payments to the Treasury as a return on the appropriation investment pursuant to subsection (e) of this section; payment to the Treasury of the repayment sums specified in subsection (e) of this section; and such additional margin as the Board may consider desirable for investment in power system assets, retirement of outstanding bonds in advance of maturity, additional reduction of appropriation investment, and other purposes connected with the Corporation's power business, having due regard for the primary objectives of the chapter, including the objective that power shall be sold at rates as low as are feasible. In order to protect the investment of holders of the Corporation's securities and the appropriation investment as defined in subsection (e) of this section, the Corporation, during each successive five-year period beginning with the five-year period which commences on July 1 of the first full fiscal year after the effective date of this section, shall apply net power proceeds either in reduction (directly or through payments into reserve or sinking funds) of its capital obligations, including bonds and the appropriation investment, or to reinvestment in power assets, at least to the extent of the combined amount of the aggregate of the depreciation accruals and other charges representing the amortization of capital expenditures applicable to its power properties plus the net proceeds realized from any disposition of power facilities in said period. As of October 1, 1975, the five-year periods described herein shall be computed as beginning on October 1 of that year and of each fifth year thereafter. (g) Power property; lease and lease-purchase agreements Power generating and related facilities operated by the Corporation under lease and lease-purchase agreements shall constitute power property held by the Corporation within the meaning of section 831l of this title, but that portion of the payment due for any fiscal year under said section 831l of this title to a State where such facilities are located which is determined or estimated by the Board to result from holding such facilities or selling electric energy generated thereby shall be reduced by the amount of any taxes or tax equivalents applicable to such fiscal year paid by the owners or others on account of said facilities to said State and to local taxing jurisdictions therein. In connection with the construction of a generating plant or other facilities under an agreement providing for lease or purchase of said facilities or any interest therein by or on behalf of the Corporation, or for the purchase of the output thereof, the Corporation may convey, in the name of the United States by deed, lease, or otherwise, any real property in its possession or control, may perform necessary engineering and construction work and other services, and may enter into any necessary contractual arrangements. (h) Congressional declaration of intent It is declared to be the intent of this section to aid the Corporation in discharging its responsibility for the advancement of the national defense and the physical, social and economic development of the area in which it conducts its operations by providing it with adequate authority and administrative flexibility to obtain the necessary funds with which to assure an ample supply of electric power for such purposes by issuance of bonds and as otherwise provided herein, and this section shall be construed to effectuate such intent. -SOURCE- (May 18, 1933, ch. 32, Sec. 15d, as added Aug. 6, 1959, Pub. L. 86-137, Sec. 1, 73 Stat. 280, and amended Aug. 14, 1959, Pub. L. 86-157, 73 Stat. 338; Aug. 12, 1966, Pub. L. 89-537, 80 Stat. 346; Oct. 14, 1970, Pub. L. 91-446, 84 Stat. 915; Nov. 28, 1975, Pub. L. 94-139, Sec. 1, 89 Stat. 750; Apr. 21, 1976, Pub. L. 94-273, Sec. 2(30), 35(a), 90 Stat. 376, 380; Oct. 31, 1979, Pub. L. 96-97, 93 Stat. 730.) -REFTEXT- REFERENCES IN TEXT The effective date of this Act, referred to in subsec. (a), and 'the effective date of this section', referred to in subsec. (f), probably means the effective date of Pub. L. 86-137, which was approved Aug. 6, 1959. Title II of the Government Corporations Appropriation Act, 1948, referred to in subsec. (e), means title II of act July 30, 1947, ch. 358, 61 Stat. 576, which was not classified to the Code. -COD- CODIFICATION In subsecs. (b) and (c), 'subchapter II of chapter 15 of title 31', 'chapter 31 of title 31', and 'sections 9105 and 9106 of title 31' substituted for 'Revised Statutes 3679, as amended (31 U.S.C. 665)', 'the Second Liberty Bond Act, as amended', and 'sections 105 and 106 of the Act of December 6, 1945 (59 Stat. 599; 31 U.S.C. 850-851)', respectively, on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- AMENDMENTS 1979 - Subsec. (a). Pub. L. 96-97 substituted '$30,000,000,000' for '$15,000,000,000'. 1976 - Subsec. (e). Pub. L. 94-273, Sec. 2(30), substituted 'September' for 'June'. Subsec. (f). Pub. L. 94-273, Sec. 35(a), inserted provision relating to computation of five-year periods as of Oct. 1, 1975. 1975 - Subsec. (a). Pub. L. 94-139, Sec. 1(a), substituted '$15,000,000,000' for '$5,000,000,000'. Subsec. (e). Pub. L. 94-139, Sec. 1(b), struck out 'December 31 and' before 'June 30'. 1970 - Subsec. (a). Pub. L. 91-446 substituted '$5,000,000,000' for '$1,750,000,000'. 1966 - Subsec. (a). Pub. L. 89-537 increased the limitation on the amount of revenue bonds the TVA may issue and sell from $750,000,000 to $1,750,000,000. 1959 - Subsec. (a). Pub. L. 86-157 struck out proviso relating to the transmission of the power construction program to the Congress by the President with the budget estimates, and the provision for withholding initiation of construction of new power producing projects until the construction program of the Corporation has been before Congress in session for ninety calendar days. -TRANS- TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 824k of this title. ------DocID 22607 Document 209 of 401------ -CITE- 16 USC Sec. 835c-4 -EXPCITE- TITLE 16 CHAPTER 12D -HEAD- Sec. 835c-4. General powers of Secretary of the Interior; delegation to authorized representatives -STATUTE- The Secretary is authorized to perform such acts, to make such rules and regulations, and to include in contracts relating to the Columbia Basin project such provisions as he deems proper for carrying out the provisions of sections 835 and 835a to 835c-5 (FOOTNOTE 1) of this title; and in connection with sales or exchanges under such sections, he is authorized to effect conveyances without regard to the law governing the patenting of public lands. Wherever in said sections functions, powers, or duties are conferred upon the Secretary, said functions, powers, or duties may be performed, exercised, or discharged by his duly authorized representatives. (FOOTNOTE 1) See References in Text note below. -SOURCE- (May 27, 1937, ch. 269, Sec. 8, as added Mar. 10, 1943, ch. 14, 57 Stat. 20, and amended Oct. 1, 1962, Pub. L. 87-728, Sec. 6(c), 76 Stat. 679.) -REFTEXT- REFERENCES IN TEXT Sections 835a, 835b, 835c-3 and 835c-5, included within the reference to sections 835a to 835c-5 of this title, were repealed by Pub. L. 87-728, Sec. 3, Oct. 1, 1962, 76 Stat. 678. -MISC2- AMENDMENTS 1962 - Pub. L. 87-728 substituted 'contracts relating to the Columbia Basin project' for 'the contracts hereinbefore provided for'. -TRANS- TRANSFER OF FUNCTIONS Power marketing functions of Bureau of Reclamation, including construction, operation, and maintenance of transmission lines and attendant facilities, transferred to Secretary of Energy by section 7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and are to be exercised by Secretary through a separate Administration within Department of Energy. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 835, 835c, 835c-1, 835c-2, 835d of this title. ------DocID 23717 Document 210 of 401------ -CITE- 17 USC CHAPTER 4 -EXPCITE- TITLE 17 CHAPTER 4 -HEAD- CHAPTER 4 - COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION -MISC1- Sec. 401. Notice of copyright: Visually perceptible copies. 402. Notice of copyright: Phonorecords of sound recordings. 403. Notice of copyright: Publications incorporating United States Government works. 404. Notice of copyright: Contributions to collective works. 405. Notice of copyright: Omission of notice on certain copies and phonorecords. 406. Notice of copyright: Error in name or date on certain copies and phonorecords. 407. Deposit of copies or phonorecords for Library of Congress. 408. Copyright registration in general. 409. Application for copyright registration. 410. Registration of claim and issuance of certificate. 411. Registration and infringement actions. 412. Registration as prerequisite to certain remedies for infringement. AMENDMENTS 1988 - Pub. L. 100-568, Sec. 7(g), 9(b)(2), Oct. 31, 1988, 102 Stat. 2859, inserted in items 405 and 406 'on certain copies and phonorecords' and substituted in item 411 'Registration and infringement actions' for 'Registration as prerequisite to infringement suit'. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 912 of this title. ------DocID 23789 Document 211 of 401------ -CITE- 18 USC Sec. 4 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 4. Misprision of felony -STATUTE- Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined not more than $500 or imprisoned not more than three years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 684.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C. 1940 ed., Sec. 251 (Mar. 4, 1909, ch. 321, Sec. 146, 35 Stat. 1114). Changes in phraseology only. -CROSS- CROSS REFERENCES Concealing escaped prisoners, see section 1072 of this title. Concealing or harboring persons engaged in espionage, see section 792 of this title. Concealing persons from arrest, see section 1071 of this title. Harboring fugitives from justice, see section 1071 et. seq. of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 50 section 422. ------DocID 25048 Document 212 of 401------ -CITE- 18 USC APPENDIX - INTERSTATE AGREEMENT ON DETAINERS Sec. 4 -EXPCITE- TITLE 18 INTERSTATE AGREEMENT ON DETAINERS -HEAD- Sec. 4. Definition of term 'appropriate court' -STATUTE- The term 'appropriate court' as used in the agreement on detainers shall mean with respect to the United States, the courts of the United States, and with respect to the District of Columbia, the courts of the District of Columbia, in which indictments, informations, or complaints, for which disposition is sought, are pending. -SOURCE- (Pub. L. 91-538, Sec. 4, Dec. 9, 1970, 84 Stat. 1402.) ------DocID 25058 Document 213 of 401------ -CITE- 18 USC APPENDIX - CLASSIFIED INFORMATION PROCEDURES ACT Sec. 4 -EXPCITE- TITLE 18 CLASSIFIED INFORMATION PROCEDURES ACT -HEAD- Sec. 4. Discovery of classified information by defendants -STATUTE- The court, upon a sufficient showing, may authorize the United States to delete specified items of classified information from documents to be made available to the defendant through discovery under the Federal Rules of Criminal Procedure, to substitute a summary of the information for such classified documents, or to substitute a statement admitting relevant facts that the classified information would tend to prove. The court may permit the United States to make a request for such authorization in the form of a written statement to be inspected by the court alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the statement of the United States shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal. -SOURCE- (Pub. L. 96-456, Sec. 4, Oct. 15, 1980, 94 Stat. 2025.) ------DocID 25078 Document 214 of 401------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 4 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS II -HEAD- Rule 4. Arrest Warrant or Summons Upon Complaint -STATUTE- (a) Issuance. If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it. Upon the request of the attorney for the government a summons instead of a warrant shall issue. More than one warrant or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a warrant shall issue. (b) Probable Cause. The finding of probable cause may be based upon hearsay evidence in whole or in part. (c) Form. (1) Warrant. The warrant shall be signed by the magistrate and shall contain the name of the defendant or, if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty. It shall describe the offense charged in the complaint. It shall command that the defendant be arrested and brought before the nearest available magistrate. (2) Summons. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. (d) Execution or Service; and Return. (1) By Whom. The warrant shall be executed by a marshal or by some other officer authorized by law. The summons may be served by any person authorized to serve a summons in a civil action. (2) Territorial Limits. The warrant may be executed or the summons may be served at any place within the jurisdiction of the United States. (3) Manner. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant at the time of the arrest but upon request shall show the warrant to the defendant as soon as possible. If the officer does not have the warrant at the time of the arrest, the officer shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. The summons shall be served upon a defendant by delivering a copy to the defendant personally, or by leaving it at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein and by mailing a copy of the summons to the defendant's last known address. (4) Return. The officer executing a warrant shall make return thereof to the magistrate or other officer before whom the defendant is brought pursuant to Rule 5. At the request of the attorney for the government any unexecuted warrant shall be returned to and canceled by the magistrate by whom it was issued. On or before the return day the person to whom a summons was delivered for service shall make return thereof to the magistrate before whom the summons is returnable. At the request of the attorney for the government made at any time while the complaint is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the magistrate to the marshal or other authorized person for execution or service. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1974, eff. Dec. 1, 1975; July 31, 1975, Pub. L. 94-64, Sec. 3(1)-(3), 89 Stat. 370; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). 1. The rule states the existing law relating to warrants issued by commissioner or other magistrate. United States Constitution, Amendment IV; 18 U.S.C. 591 (now 3041) (Arrest and removal for trial). 2. The provision for summons is new, although a summons has been customarily used against corporate defendants, 28 U.S.C. 377 (now 1651) (Power to issue writs); United States v. John Kelso Co., 86 F. 304 (N.D.Cal., 1898). See also, Albrecht v. United States, 273 U.S. 1, 8 (1927). The use of the summons in criminal cases is sanctioned by many States, among them Indiana, Maryland, Massachusetts, New York, New Jersey, Ohio, and others. See A.L.I. Code of Criminal Procedure (1931), Commentaries to secs. 12, 13, and 14. The use of the summons is permitted in England by 11 & 12 Vict., c. 42, sec. 1 (1848). More general use of a summons in place of a warrant was recommended by the National Commission on Law Observance and Enforcement, Report on Criminal Procedure (1931) 47. The Uniform Arrest Act, proposed by the Interstate Commission on Crime, provides for a summons. Warner, 28 Va.L.R. 315. See also, Medalie, 4 Lawyers Guild, R. 1, 6. 3. The provision for the issuance of additional warrants on the same complaint embodies the practice heretofore followed in some districts. It is desirable from a practical standpoint, since when a complaint names several defendants, it may be preferable to issue a separate warrant as to each in order to facilitate service and return, especially if the defendants are apprehended at different times and places. Berge, 42 Mich.L.R. 353, 356. 4. Failure to respond to a summons is not a contempt of court, but is ground for issuing a warrant. Note to Subdivision (b). Compare Rule 9(b) and forms of warrant and summons, Appendix of Forms. Note to Subdivision (c)(2). This rule and Rule 9(c)(1) modify the existing practice under which a warrant may be served only within the district in which it is issued. Mitchell v. Dexter, 244 F. 926 (C.C.A. 1st, 1917); Palmer v. Thompson, 20 App. D.C. 273 (1902); but see In re Christian, 82 F. 885 (C.C.W.D.Ark., 1897); 2 Op.Atty.Gen. 564. When a defendant is apprehended in a district other than that in which the prosecution has been instituted, this change will eliminate some of the steps that are at present followed: the issuance of a warrant in the district where the prosecution is pending; the return of the warrant non est inventus; the filing of a complaint on the basis of the warrant and its return in the district in which the defendant is found; and the issuance of another warrant in the latter district. The warrant originally issued will have efficacy throughout the United States and will constitute authority for arresting the defendant wherever found. Waite, 27 Jour. of Am. Judicature Soc. 101, 103. The change will not modify or affect the rights of the defendant as to removal. See Rule 40. The authority of the marshal to serve process is not limited to the district for which he is appointed, 28 U.S.C. 503 (now 569). Note to Subdivision (c)(3). 1. The provision that the arresting officer need not have the warrant in his possession at the time of the arrest is rendered necessary by the fact that a fugitive may be discovered and apprehended by any one of many officers. It is obviously impossible for a warrant to be in the possession of every officer who is searching for a fugitive or who unexpectedly might find himself in a position to apprehend the fugitive. The rule sets forth the customary practice in such matters, which has the sanction of the courts. 'It would be a strong proposition in an ordinary felony case to say that a fugitive from justice for whom a capias or warrant was outstanding could not be apprehended until the apprehending officer had physical possession of the capias or the warrant. If such were the law, criminals could circulate freely from one end of the land to the other, because they could always keep ahead of an officer with the warrant.' In re Kosopud (N.D. Ohio), 272 F. 330, 336. Waite, 27 Jour. of Am. Judicature Soc. 101, 103. The rule, however, safeguards the defendant's rights in such case. 2. Service of summons under the rule is substantially the same as in civil actions under Federal Rules of Civil Procedure, Rule 4(d)(1) (28 U.S.C., Appendix). Note to Subdivision (c)(4). Return of a warrant or summons to the commissioner or other officer is provided by 18 U.S.C. 603 (now 4084) (Writs; copy as jailer's authority). The return of all 'copies of process' by the commissioner to the clerk of the court is provided by 18 U.S.C. 591 (now 3041); and see Rule 5(c), infra. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT In Giordenello v. United States, 357 U.S. 480 (1958) it was held that to support the issuance of a warrant the complaint must contain in addition to a statement 'of the essential facts constituting the offense' (Rule 3) a statement of the facts relied upon by the complainant to establish probable cause. The amendment permits the complainant to state the facts constituting probable cause in a separate affidavit in lieu of spelling them out in the complaint. See also Jaben v. United States, 381 U.S. 214 (1965). NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Throughout the rule the term 'magistrate' is substituted for the term 'commissioner.' Magistrate is defined in rule 54 to include a judge of the United States, a United States magistrate, and those state and local judicial officers specified in 18 U.S.C. Sec. 3041. NOTES OF ADVISORY COMMITTEE ON RULES - 1974 AMENDMENT The amendments are designed to achieve several objectives: (1) to make explicit the fact that the determination of probable cause may be based upon hearsay evidence; (2) to make clear that probable cause is a prerequisite to the issuance of a summons; and (3) to give priority to the issuance of a summons rather than a warrant. Subdivision (a) makes clear that the normal situation is to issue a summons. Subdivision (b) provides for the issuance of an arrest warrant in lieu of or in addition to the issuance of a summons. Subdivision (b)(1) restates the provision of the old rule mandating the issuance of a warrant when a defendant fails to appear in response to a summons. Subdivision (b)(2) provides for the issuance of an arrest warrant rather than a summons whenever 'a valid reason is shown' for the issuance of a warrant. The reason may be apparent from the face of the complaint or may be provided by the federal law enforcement officer or attorney for the government. See comparable provision in rule 9. Subdivision (b)(3) deals with the situation in which conditions change after a summons has issued. It affords the government an opportunity to demonstrate the need for an arrest warrant. This may be done in the district in which the defendant is located if this is the convenient place to do so. Subdivision (c) provides that a warrant or summons may issue on the basis of hearsay evidence. What constitutes probable cause is left to be dealt with on a case-to-case basis, taking account of the unlimited variations in source of information and in the opportunity of the informant to perceive accurately the factual data which he furnishes. See e.g., Giordenello v. United States, 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503 (1958); Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); United States v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965); Jaben v. United States, 381 U.S. 214, 85 S.Ct. 1365, 14 L.Ed.2d 345 (1965); McCray v. Illinois, 386 U.S. 300, 87 S.Ct. 1056, 18 L.Ed.2d 62 (1967); Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969); United States v. Harris, 403 U.S. 573, 91 S.Ct. 2075, 29 L.Ed.2d 723 (1971); Note, The Informer's Tip as Probable Cause for Search or Arrest, 54 Cornell L.Rev. 958 (1969); C. Wright, Federal Practice and Procedure: Criminal Sec. 52 (1969, Supp. 1971); 8 S.J. Moore, Federal Practice 4.03 (2d ed. Cipes 1970, Supp. 1971). NOTES OF COMMITTEE ON THE JUDICIARY, HOUSE REPORT NO. 94-247; 1975 AMENDMENT A. Amendments Proposed by the Supreme Court. Rule 4 of the Federal Rules of Criminal Procedure deals with arrest procedures when a criminal complaint has been filed. It provides in pertinent part: If it appears . . . that there is probable cause . . . a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it. Upon the request of the attorney for the government a summons instead of a warrant shall issue. (emphasis added) The Supreme Court's amendments make a basic change in Rule 4. As proposed to be amended, Rule 4 gives priority to the issuance of a summons instead of an arrest warrant. In order for the magistrate to issue an arrest warrant, the attorney for the government must show a 'valid reason.' B. Committee Action. The Committee agrees with and approves the basic change in Rule 4. The decision to take a citizen into custody is a very important one with far-reaching consequences. That decision ought to be made by a neutral official (a magistrate) rather than by an interested party (the prosecutor). It has been argued that undesirable consequences will result if this change is adopted - including an increase in the number of fugitives and the introduction of substantial delays in our system of criminal justice. (See testimony of Assistant Attorney General W. Vincent Rakestraw in Hearings on Proposed Amendments to Federal Rules of Criminal Procedure Before the Subcommittee on Criminal Justice of the House Committee on the Judiciary, 93d Cong., 2d Sess., Serial No. 61, at 41-43 (1974) (hereinafter cited as 'Hearing I').) The Committee has carefully considered these arguments and finds them to be wanting. (The Advisory Committee on Criminal Rules has thoroughly analyzed the arguments raised by Mr. Rakestraw and convincingly demonstrated that the undesirable consequences predicted will not necessarily result. See Hearings on Proposed Amendments to Federal Rules on Proposed Amendments to Federal Rules of Criminal Procedure Before the Subcommittee on Criminal Justice of the House Committee on the Judiciary, 94th Congress, 1st Session, Serial No. 6, at 208-09 (1975) (hereinafter cited 'Hearings II').) The present rule permits the use of a summons in lieu of a warrant. The major difference between the present rule and the proposed rule is that the present rule vests the decision to issue a summons or a warrant in the prosecutor, while the proposed rule vests that decision in a judicial officer. Thus, the basic premise underlying the arguments against the proposed rule is the notion that only the prosecutor can be trusted to act responsibly in deciding whether a summons or a warrant shall issue. The Committee rejects the notion that the federal judiciary cannot be trusted to exercise discretion wisely and in the public interest. The Committee recast the language of Rule 4(b). No change in substance is intended. The phrase 'valid reason' was changed to 'good cause,' a phrase with which lawyers are more familiar. (Rule 4, both as proposed by the Supreme Court and as changed by the Committee, does not in any way authorize a magistrate to issue a summons or a warrant sua sponte, nor does it enlarge, limit or change in any way the law governing warrantless arrests.) The Committee deleted two sentences from Rule 4(c). These sentences permitted a magistrate to question the complainant and other witnesses under oath and required the magistrate to keep a record or summary of such a proceeding. The Committee does not intend this change to discontinue or discourage the practice of having the complainant appear personally or the practice of making a record or summary of such an appearance. Rather, the Committee intended to leave Rule 4(c) neutral on this matter, neither encouraging nor discouraging these practices. The Committee added a new section that provides that the determination of good cause for the issuance of a warrant in lieu of a summons shall not be grounds for a motion to suppress evidence. This provision does not apply when the issue is whether there was probable cause to believe an offense has been committed. This provision does not in any way expand or limit the so-called 'exclusionary rule.' NOTES OF CONFERENCE COMMITTEE, HOUSE REPORT NO. 94-414; 1975 AMENDMENT Rule 4(e)(3) deals with the manner in which warrants and summonses may be served. The House version provides two methods for serving a summons: (1) personal service upon the defendant, or (2) service by leaving it with someone of suitable age at the defendant's dwelling and by mailing it to the defendant's last known address. The Senate version provides three methods: (1) personal service, (2) service by leaving it with someone of suitable age at the defendant's dwelling, or (3) service by mailing it to defendant's last known address. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. 1975 AMENDMENT Pub. L. 94-64 struck out subds. (a), (b), and (c) and inserted in lieu new subds. (a) and (b); redesignated subd. (d) as (c); and redesignated subd. (e) as (d) and amended par. (3) thereof generally. APPROVAL AND EFFECTIVE DATE OF AMENDMENTS PROPOSED APRIL 22, 1974; EFFECTIVE DATE OF 1975 AMENDMENTS Section 2 of Pub. L. 94-64 provided that: 'The amendments proposed by the United States Supreme Court to the Federal Rules of Criminal Procedure (adding rules 12.1, 12.2 and 29.1 and amending rules 4, 9, 11, 12, 15, 16, 17, 20, 32, and 43 of these rules) which are embraced in the order of that Court on April 22, 1974, are approved except as otherwise provided in this Act and shall take effect on December 1, 1975. Except with respect to the amendment to Rule 11, insofar as it adds Rule 11(e)(6), which shall take effect on August 1, 1975, the amendments made by section 3 of this Act (to rules 4, 9, 11, 12, 12.1, 12.2, 15, 16, 17, 20, 32, and 43 of these rules) shall also take effect on December 1, 1975.' -CROSS- CROSS REFERENCES Arrest without warrant, appearance before magistrate, see rule 5. Commitment to another district and removal, use of warrant, see rule 40. Indictment or information, warrant issued on, see rule 9. ------DocID 25158 Document 215 of 401------ -CITE- 19 USC Sec. 4 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 4. Omitted -COD- CODIFICATION Section, act Mar. 4, 1923, ch. 251, Sec. 1, 42 Stat. 1453, related to appointment, compensation, and qualifications of director and assistant directors of customs. See sections 2071 to 2073 of this title. ------DocID 25341 Document 216 of 401------ -CITE- 19 USC part 4 -EXPCITE- TITLE 19 CHAPTER 3 SUBTITLE IV Administrative Provisions part 4 -HEAD- part 4 - transportation in bond and warehousing of merchandise ------DocID 25383 Document 217 of 401------ -CITE- 19 USC CHAPTER 4 -EXPCITE- TITLE 19 CHAPTER 4 -HEAD- CHAPTER 4 - TARIFF ACT OF 1930 -MISC1- SUBTITLE I - HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES Sec. 1202. Harmonized Tariff Schedule. SUBTITLE II - SPECIAL PROVISIONS PART I - MISCELLANEOUS 1301 to 1302. Repealed or Omitted. 1303. Countervailing duties. (a) Levy of countervailing duties. (b) Regulations prescribed by administering authority; imported articles or merchandise which are not duty free. (c) Repealed. (d) Temporary provision while negotiations are in progress. (e) Reports to Congress. (f) Cross reference. 1304. Marking of imported articles and containers. (a) Marking of articles. (b) Marking of containers. (c) Marking of certain pipe and fittings. (d) Marking of compressed gas cylinders. (e) Marking of certain manhole rings or frames, covers, and assemblies thereof. (f) Additional duties for failure to mark. (g) Delivery withheld until marked. (h) Penalties. 1305. Immoral articles; importation prohibited. (a) Prohibition of importation. (b) Enforcement procedures. (c) Institution of forfeiture proceedings. (d) Stay of forfeiture proceedings. (b) Coordination of forfeiture proceedings with criminal proceedings. (c) Stay on motion. 1306. Cattle, sheep, swine, and meats; importation prohibited in certain cases. (a) Rinderpest and foot-and-mouth disease. (b) Imports from Canada. (c) Regulations. 1307. Convict-made goods; importation prohibited. 1308. Repealed. 1309. Supplies for certain vessels and aircraft. (a) Exemption from customs duties and internal-revenue tax. (b) Drawback. (c) Articles removed in, or returned to, the United States. (d) Reciprocal privileges. 1310. Free importation of merchandise recovered from sunken and abandoned vessels. 1311. Bonded manufacturing warehouses. 1312. Bonded smelting and refining warehouses. (a) Bond; charges against bond. (b) Cancellation of charges against bond. (c) Allowance on bond for wastage of metals. (d) Credit for exportation of product other than refined metal. (e) General bond for two or more warehouses. (f) Definitions. (g) Supervision and cost of labor under this section. 1313. Drawback and refunds. (a) Articles made from imported merchandise. (b) Substitution for drawback purposes. (c) Merchandise not conforming to sample or specifications. (d) Flavoring extracts; medicinal or toilet preparations; bottled distilled spirits and wines. (e) Imported salt for curing fish. (f) Exportation of meats cured with imported salt. (g) Materials for construction and equipment of vessels built for foreigners. (h) Jet aircraft engines. (i) Time limitation on exportation. (j) Same condition drawback. (k) Use of domestic merchandise acquired in exchange for imported merchandise of same kind and quality. (l) Regulations. (m) Source of payment. (n) Drawback-eligible goods under United States-Canada Free-Trade Agreement Implementation Act of 1988. (o) Vessels built for Canadian account or for Government of Canada. (p) Substitution of crude petroleum or petroleum derivatives. 1313a. Appropriations for refunds, drawbacks, bounties, etc. 1314. Repealed. 1315. Effective date of rates of duty. (a) Articles entered or withdrawn from warehouse for consumption. (b) Articles removed from intended place of release. (c) Quantity of merchandise at time of importation. (d) Effective date of administrative rulings resulting in higher rates. 1316. Omitted. 1317. Tobacco products; supplies for certain vessels and aircraft. (a) Exportation of tobacco products. (b) Exportation of supplies for certain vessels and aircraft. 1318. Emergencies. 1319. Duty on coffee imported into Puerto Rico. 1319a. Duty on coffee; ratification of duties imposed by Legislature of Puerto Rico. 1320. Repealed. 1321. Administrative exemptions. (a) Disregard of minor discrepancies in collection of taxes and duties; admission of articles free of duty or tax; limit on amount of exemption. (b) Reduction or modification of exemption. 1322. International traffic and rescue work; United States-Mexico Boundary Treaty of 1970. (a) Vehicles and other instruments of international traffic except communications satellites. (b) Rescue and relief equipment; personal property related to use of land under United States-Mexico Boundary Treaty of 1970; forfeit of articles to United States. 1323. Conservation of fishery resources. PART II - UNITED STATES INTERNATIONAL TRADE COMMISSION 1330. Organization of Commission. (a) Membership. (b) Terms of office. (c) Chairman and vice chairman; quorum. (d) Effect of divided vote in certain cases. (e) Authorization of appropriations. (f) Treatment of Commission under Paperwork Reduction Act. 1331. General powers. (a) Administration. (b) Application of civil service law. (c) Expenses. (d) Principal office at Washington. (e) Office at New York. (f) Official seal. 1332. Investigations. (a) Investigations and reports. (b) Investigations of tariff relations. (c) Investigation of Paris Economy Pact. (d) Information for President and Congress. (e) Definitions. (f) Omitted. (g) Reports to President and Congress. 1332a. Importation of red cedar shingles. (a) Investigation by Commission. (b) Duty on imported shingles; amount. (c) Exemptions from duty. 1333. Testimony and production of papers. (a) Authority to obtain information. (b) Witnesses and evidence. (c) Mandamus. (d) Depositions. (e) Fees and mileage of witnesses. (f) Statements under oath. (g) Representation in court proceedings. (h) Administrative protective orders. 1334. Cooperation with other agencies. 1335. Rules and regulations. 1336. Equalization of costs of production. (a) Change of classification or duties. (b) Repealed. (c) Proclamation by the President. (d) Effective date of rates and changes. (e) Ascertainment of differences in costs of production. (f) Modification of changes in duty. (g) Prohibition against transfers from the free list to the dutiable list or from the dutiable list to the free list. (h) Definitions. (i) Rules and regulations of President. (j) Repealed. (k) Investigations prior to June 17, 1930. 1337. Unfair practices in import trade. (a) Unlawful activities; covered industries; definitions. (b) Investigation of violations by Commission; time limits. (c) Determinations; review. (d) Exclusion of articles from entry. (e) Exclusion of articles from entry during investigation except under bond; procedures applicable; preliminary relief. (f) Cease and desist orders; civil penalty for violation of orders. (g) Exclusion from entry or cease and desist order; conditions and procedures applicable. (h) Sanctions for abuse of discovery and abuse of process. (i) Forfeiture. (j) Referral to President. (k) Period of effectiveness; termination of violation or modification or rescission of exclusion or order. (l) Importation by or for United States. (m) 'United States' defined. (n) Disclosure of confidential information. 1337a. Repealed. 1338. Discrimination by foreign countries. (a) Additional duties. (b) Exclusion from importation. (c) Application of proclamation. (d) Duties to offset commercial disadvantages. (e) Duties to offset benefits to third country. (f) Forfeiture of articles. (g) Ascertainment by Commission of discriminations. (h) Rules and regulations of Secretary of the Treasury. (i) 'Foreign country' defined. 1339. Trade Remedy Assistance Office. (a) Establishment; public information. (b) Procedural assistance by Office and other agencies. (c) Definitions. 1340. Omitted. 1341. Interference with functions of Commission. (a) Interfering with or influencing the Commission or its employees. (b) Penalty. (c) 'Person' defined. PART III - PROMOTION OF FOREIGN TRADE 1351. Foreign trade agreements. (a) Authority of President; modification and decrease of duties; altering import restrictions. (b) Cuba; preferential customs treatment; decrease of rates. (c) Definitions. (d) Rate basis for additional increases or decreases; restoration of terminated treaties forbidden. (e) Repealed. (f) Information and advice from industry, agriculture, and labor. 1352. Equalization of costs of production. (a) Application to importation of articles under foreign-trade agreement. (b) Termination of foreign trade agreement. (c) Termination of authority of President. 1352a. Repealed. 1353. Indebtedness of foreign countries, effect on. 1354. Notice of intention to negotiate agreement; opportunity to be heard; President to seek information and advice. 1355 to 1356j. Repealed or Omitted. 1356k. Importation of coffee under International Coffee Agreement, 1983; Presidential powers and duties. 1356l. 'Coffee' defined. 1356m. Delegation of Presidential powers and duties; protection of interests of United States consumers; remedial action. 1356n. Report to the Congress. 1357 to 1359. Repealed. 1360. Investigation before trade negotiations. (a) Report by International Trade Commission. (b) Procedures and determinations. 1361. Action by President; reports to Congress. (a) Transmittal by President of trade agreement and message to Congress. (b) Transmittal by Commission of copy of report to the President to Congressional committees. 1362 to 1365. Repealed. 1366. General Agreement on Tariff and Trade unaffected. 1367. Repealed. SUBTITLE III - ADMINISTRATIVE PROVISIONS PART I - DEFINITIONS 1401. Miscellaneous. (a) Vessel. (b) Vehicle. (c) Merchandise. (d) Person. (e) Master. (f) Day. (g) Night. (h) United States. (i) Officer of the customs; customs officer. (j) Customs waters. (k) Hovering vessel; vessels arriving from a foreign port or place. (l) Secretary. (m) Controlled substance. 1401a. Value. (a) Generally. (b) Transaction value of imported merchandise. (c) Transaction value of identical merchandise and similar merchandise. (d) Deductive value. (e) Computed value. (f) Value if other values cannot be determined or used. (g) Special rules. (h) Definitions. 1402. Repealed. PART II - REPORT, ENTRY, AND UNLADING OF VESSELS AND VEHICLES 1431. Manifests. (a) Requirement, form, and contents. (b) Signing and delivery. (c) Public disclosure of certain manifest information. 1432. Manifest to specify sea and ship's stores. 1432a. Entry after visiting hovering vessel as arrival. 1433. Report of arrival of vessels, vehicles, and aircraft. (a) Vessel arrival. (b) Vehicle arrival. (c) Aircraft arrival. (d) Presentation of documentation. (e) Prohibition on departures and discharge. 1434. Entry of American vessels. 1435. Entry of foreign vessels. 1435a. Transferred. 1435b. Clearance of vessels arriving on Sundays, holidays, or at night. 1436. Penalties for violations of arrival, reporting, and entry requirements. (a) Unlawful acts. (b) Civil penalty. (c) Criminal penalty. (d) Additional civil penalty. 1437. Documents returned at clearance. 1438. Unlawful return of foreign vessel's papers. 1439. Delivery of manifest. 1440. Correction of manifest. 1441. Vessels not required to enter. 1442. Residue cargo. 1443. Cargo for different ports; manifest and permit. 1444. Arrival at another port. 1445. Penalties for failure to have permit and certified manifest. 1446. Supplies and stores retained on board. 1447. Place of entry and unlading. 1448. Unlading. (a) Permits and preliminary entries. (b) Special delivery permit. 1449. Unlading at port of entry. 1450. Unlading on Sundays, holidays, or at night. 1451. Extra compensation. 1451a. Extra compensation payable by United States; refunds; appropriations. 1452. Lading on Sundays, holidays, or at night. 1453. Lading and unlading of merchandise or baggage; penalties. 1454. Unlading of passengers; penalty. 1455. Boarding and discharging inspectors. 1456. Compensation and expenses of inspectors between ports; reimbursement. 1457. Time for unlading. 1458. Bulk cargo, time for unlading. 1459. Reporting requirements for individuals. (a) Individuals arriving other than by conveyance. (b) Individuals arriving by reported conveyance. (c) Individuals arriving by unreported conveyance. (d) Departure from designated customs facilities. (e) Unlawful acts. (f) Civil penalty. (g) Criminal penalty. 1460. Repealed. 1461. Inspection of merchandise and baggage. 1462. Forfeiture. 1463. Sealed vessels and vehicles. 1464. Penalties in connection with sealed vessels and vehicles. 1465. Supplies. 1466. Equipment and repairs of vessels. (a) Vessels subject to duty; penalties. (b) Notice. (c) Violation. (d) Remission for necessary repairs. (e) Exclusions for arrivals two or more years after last departure. (f) Civil aircraft exception. (g) Fish net and netting purchases and repairs. (h) Foreign repair of vessels. 1467. Special inspection, examination, and search. PART III - ASCERTAINMENT, COLLECTION, AND RECOVERY OF DUTIES 1481. Invoice; contents. (a) In general. (b) Shipments not purchased and not shipped by manufacturer. (c) Purchases in different consular districts. (d) Exceptions by regulations. 1482. Certified invoice. (a) Certification in general. (b) Declaration. (c) Making and signing. (d) Certified under existing law. (e) Disposition. (f) Certification by others than American consul. (g) Effective date. 1483. Consignee as owner of merchandise. 1484. Entry of merchandise. (a) Requirement and time. (b) Production of certified invoice. (c) Production of bill of lading. (d) Signing and contents. (e) Statistical enumeration. (f) Packages included. (g) Statement of cost of production. (h) Certification of owner by carrier. (i) Acceptance of duplicate bill of lading. (j) Release of merchandise. 1484a. Articles returned from space not to be construed as importation. 1485. Declaration. (a) Requirement; form and contents. (b) Books and periodicals. (c) Agents. (d) Liability of importer of record for increased duties. (e) Separate forms for purchase and nonpurchase importations. (f) Deceased or insolvent persons; partnerships and corporations. 1486. Administration of oaths. (a) Customs officers. (b) Postmasters. (c) No compensation. (d) Verification in lieu of oath. 1487. Value in entry; amendment. 1488, 1489. Repealed. 1490. General orders. (a) Incomplete entry. (b) At request of consignee. 1491. Unclaimed merchandise; disposition of forfeited distilled spirits, wines and malt liquor. (a) Appraisal and sale of unclaimed merchandise. (b) Appraisal and sale or other disposition of forfeited distilled spirits, wines, and malt liquor. 1492. Destruction of abandoned or forfeited merchandise. 1493. Proceeds of sale. 1494. Expense of weighing and measuring. 1495. Partnership bond. 1496. Examination of baggage. 1496a. Clearance restrictions of individuals returning from abroad; special circumstances; 'baggage and effects' defined. 1497. Penalties for failure to declare. (a) In general. (b) Value of controlled substances. 1498. Entry under regulations. (a) Authorized for certain merchandise. (b) Application of general provisions. 1499. Examination of merchandise. 1500. Appraisement, classification, and liquidation procedure. 1501. Voluntary reliquidations by appropriate customs officer; notice. 1502. Regulations for appraisement and classification. (a) Powers of Secretary of the Treasury. (b) Reversal of Secretary's rulings. (c) Duties of customs officers. 1503. Dutiable value. 1503a. Repealed. 1504. Limitation on liquidation. (a) Liquidation. (b) Extension. (c) Notice of suspension. (d) Limitation. 1505. Payment of duties. (a) Deposit of estimated duties. (b) Collection or refund. (c) Duties due upon liquidation or reliquidation; delinquency; interest. 1506. Allowance for abandonment and damage. (1) Abandonment within thirty days. (2) Perishable merchandise, condemned. 1507. Tare and draft. (a) In general. (b) Crude oil and petroleum products. 1508. Recordkeeping. (a) Requirements. (b) Exports to Canada. (c) Period of time. (d) Limitation. (e) Civil penalties. 1509. Examination of books and witnesses. (a) Authority. (b) Service of summons. (c) Special procedures for third-party summonses. 1510. Judicial enforcement. (a) Order of court. (b) Sanctions. 1511. Repealed. 1512. Deposit of duty receipts. 1513. Customs officer's immunity. 1514. Protests against decisions of appropriate customs officers. (a) Finality of decisions; return of papers. (b) Finality of determinations. (c) Form, number, and amendment of protest; filing of protest. (d) Limitation on protest of reliquidation. 1515. Review of protests. (a) Administrative review and modification of decisions. (b) Request for accelerated disposition of protest. 1516. Petitions by domestic interested parties. (a) Request for classification and rate of duty; petition. (b) Determination on petition. (c) Contest by petitioner of appraised value, classification, or rate of duty. (d) Appraisal, classification, and liquidation of entries of merchandise covered by published decisions of Secretary. (e) Consignee or his agent as party in interest before the Court of International Trade. (f) Appraisement, classification, and assessment of duty of merchandise covered by published decision of Secretary in accordance with final judicial decision of Court of International Trade or Court of Appeals for the Federal Circuit sustaining cause of action in whole or in part; suspension of liquidation of entries; publication. (g) Regulations implementing required procedures. 1516a. Judicial review in countervailing duty and antidumping duty proceedings. (a) Review of determination. (b) Standards of review. (c) Liquidation of entries. (d) Standing. (e) Liquidation in accordance with final decision. (f) Definitions. (g) Review of countervailing duty and antidumping duty determinations involving Canadian merchandise. 1517 to 1519. Repealed. 1520. Refunds and errors. (a) Cases in which refunds authorized. (b) Authorization of appropriations. (c) Reliquidation of entry. (d) Interest rates; calculation. 1521. Reliquidation on account of fraud. 1522. Omitted. 1523. Examination of accounts. 1524. Deposit of reimbursable charges. 1525. Repealed. 1526. Merchandise bearing American trade-mark. (a) Importation prohibited. (b) Seizure and forfeiture. (c) Injunction and damages. (d) Exemptions; publication in Federal Register; forfeitures; rules and regulations. (e) Merchandise bearing counterfeit mark; seizure and forfeiture; disposition of seized goods. 1527. Importation of wild mammals and birds in violation of foreign law. (a) Importation prohibited. (b) Forfeiture. (c) Section not to apply in certain cases. 1528. Taxes not to be construed as duties. PART IV - TRANSPORTATION IN BOND AND WAREHOUSING OF MERCHANDISE 1551. Designation as carrier of bonded merchandise. 1551a. Bonded cartmen or lightermen. 1552. Entry for immediate transportation. 1553. Entry for transportation and exportation; lottery material from Canada. 1554. Transportation through contiguous countries. 1555. Bonded warehouses. (a) Designation; preconditions; bonding requirements; supervision. (b) Duty-free sales enterprises. 1556. Bonded warehouses; regulations for establishing. 1557. Entry for warehouse. (a) Withdrawal of merchandise; time; payment of charges. (b) Transferral of right of withdrawal. (c) Destruction of merchandise at request of consignee. (d) Withdrawal before payment. 1558. No remission or refund after release of merchandise. (a) Exceptions. (b) Payment of duties required notwithstanding export or destruction of articles; exception. 1559. Warehouse goods deemed abandoned after 5 years. 1560. Leasing of warehouses. 1561. Public stores. 1562. Manipulation in warehouse. 1563. Allowance for loss, abandonment of warehouse goods. (a) Abatement or allowance for deterioration, loss or damage to merchandise in customs custody; exception. (b) Abandonment of merchandise to Government; remittal or refund of duties paid. 1564. Liens. 1565. Cartage. PART V - ENFORCEMENT PROVISIONS 1581. Boarding vessels. (a) Customs officers. (b) Officers of Department of Treasury. (c) Penalty for presenting forged, altered, or false documents. (d) Penalty for failure to stop at command. (e) Seizure of vessel or merchandise. (f) Duty of customs officers to seize vessel. (g) Vessels deemed employed within United States. (h) Application of section to treaties of United States. 1582. Search of persons and baggage; regulations. 1583. Certification of manifest. 1584. Falsity or lack of manifest; penalties. (a) General rule. (b) Procedures. 1585. Departure before report or entry. 1586. Unlawful unlading or transshipment. (a) Penalty for unlading prior to grant of permission. (b) Penalty for transshipment to any vessel for purpose of unlawful entry. (c) Penalty for unlawful transshipment to any vessel of United States. (d) Liability of master of receiving vessel in unlawful transshipment. (e) Imprisonment of persons aiding in unlawful unlading or transshipment. (f) Unlading or transshipment because of accident, stress of weather, etc. 1587. Examination of hovering vessels. (a) Boarding and examination. (b) Unexplained lightness of vessel or discharge of cargo. (c) Vessel bona fide bound from one foreign port to another foreign port. 1588. Transportation between American ports via foreign ports. 1589. Repealed. 1589a. Enforcement authority of customs officers. 1590. Aviation smuggling. (a) In general. (b) Sea transfers. (c) Civil penalties. (d) Criminal penalties. (e) Seizure and forfeiture. (f) 'Merchandise' defined. (g) Intent of transfer of merchandise. 1591. Repealed. 1592. Penalties for fraud, gross negligence, and negligence. (a) Prohibition. (b) Procedures. (c) Maximum penalties. (d) Deprivation of lawful duties. (e) Court of International Trade proceedings. 1593. Repealed. 1594. Seizure of conveyances. (a) In general. (b) Exceptions. (c) Prohibited merchandise on conveyance. (d) Definitions. (e) Costs and expenses of seizure. 1595. Searches and seizures. (a) Warrant. (b) Entry upon property of others. 1595a. Forfeitures and other penalties. (a) Importation, removal, etc. contrary to laws of United States. (b) Penalty for aiding unlawful importation. (c) Merchandise introduced contrary to law. 1596 to 1598. Repealed. 1599. Officers not to be interested in vessels or cargo. 1600. Application of the customs laws to other seizures by customs officers. 1601, 1601a. Repealed. 1602. Seizure; report to customs officer. 1603. Seizure; warrants and reports. 1604. Seizure; prosecution. 1605. Seizure; custody; storage. 1606. Seizure; appraisement. 1607. Seizure; value $500,000 or less, prohibited articles, transporting conveyances. (a) Notice of seizure. (b) 'Controlled substance' defined. (c) Report to Congress. 1608. Seizure; claims; judicial condemnation. 1609. Seizure; summary forfeiture and sale. (a) In general. (b) Effect. 1610. Seizure; judicial forfeiture proceedings. 1611. Seizure; sale unlawful. 1612. Seizure; summary sale. 1613. Disposition of proceeds of forfeited property. (a) Application for remission of forfeiture and restoration of proceeds of sale; disposition of proceeds when no application has been made. (b) Disposition of proceeds in excess of penalty assessed under section 1592. (c) Treatment of deposits. (d) Expenses. 1613a. Repealed. 1613b. Customs forfeiture fund. (a) In general. (b) United States Coast Guard. (c) Deposits. (d) Investment. (e) Annual reports; audits. (f) Authorization of appropriations. 1614. Release of seized property. 1615. Burden of proof in forfeiture proceedings. 1616. Repealed. 1616a. Disposition of forfeited property. (a) State proceedings. (b) Transfer of seized property; notice. (c) Retention or transfer of forfeited property. (d) Liability of United States after transfer. 1617. Compromise of Government claims by Secretary of the Treasury. 1618. Remission or mitigation of penalties. 1619. Award of compensation to informers. (a) In general. (b) Forfeited property not sold. (c) Dollar limitation. (d) Source of payment. (e) Recovery of bail bond. 1620. Acceptance of money by United States officers. 1621. Limitation of actions. 1622. Foreign landing certificates. 1623. Bonds and other security. (a) Requirement of bond by regulation. (b) Conditions and form of bond. (c) Cancellation of bond. (d) Validity of bond. (e) Deposit of money or obligation of United States in lieu of bond. 1624. General regulations. 1625. Publication of decisions. 1626. Steel products trade enforcement. (a) Export validation requirement. (b) Period of applicability. 1627. Repealed. 1627a. Unlawful importation or exportation of certain vehicles; inspections. (a) Violations; penalties; seizures and forfeitures. (b) Regulations; violations; penalties. (c) Definitions. (d) Cooperation of law enforcement and governmental authorities. 1628. Exchange of information. (a) In general. (b) Nondisclosure and uses of information provided. 1629. Inspections and preclearance in foreign countries. (a) In general. (b) Functions and duties. (c) Compliance. (d) Seizures. (e) Stationing of foreign customs officers in the United States. (f) Application of certain laws. PART VI - MISCELLANEOUS PROVISIONS 1641. Customs brokers. (a) Definitions. (b) Customs broker's licenses. (c) Customs broker's permits. (d) Disciplinary proceedings. (e) Judicial appeal. (f) Regulations by the Secretary. (g) Triennial reports by customs brokers. (h) Fees and charges. (i) Compensation of ocean freight forwarders. 1642. Omitted. 1643. Application of customs reorganization act. 1644. Application of section 1509 of title 49, Appendix, and section 1518(d) of title 33. 1645. Transportation and interment of remains of deceased employees in foreign countries; travel or shipping expenses incurred on foreign ships. (a) Transfers in foreign countries. (b) Transportation on foreign ships. 1646. Repealed. 1646a. Supervision by customs officers. 1647. Repealed. 1648. Uncertified checks, United States notes, and national bank notes receivable for customs duties. 1649. Change in designation of customs attaches. 1650. Transferred. 1651. Repeals. (a) Specific repeals. (b) General repeal. (c) Rights and liabilities under acts repealed or modified. (d) Certain acts not affected. 1652. Separability. 1653. Effective date of chapter. 1653a. Transferred. 1654. Short title. SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES PART I - IMPOSITION OF COUNTERVAILING DUTIES 1671. Countervailing duties imposed. (a) General rule. (b) Country under the Agreement. (c) Revocation of status as country under Agreement. (d) Treatment of international consortia. (e) Upstream subsidies. (f) Cross reference. 1671a. Procedures for initiating a countervailing duty investigation. (a) Initiation by administering authority. (b) Initiation by petition. (c) Petition determination. (d) Notification to Commission of determination. (e) Information regarding critical circumstances. 1671b. Preliminary determinations. (a) Determination by Commission of reasonable indication of injury. (b) Preliminary determination by administering authority; expedited determinations; waiver of verification. (c) Extension of period in extraordinarily complicated cases. (d) Effect of determination by the administering authority. (e) Critical circumstances determinations. (f) Notice of determinations. (g) Time period where upstream subsidization is involved. 1671c. Termination or suspension of investigation. (a) Termination of investigation upon withdrawal of petition. (b) Agreements to eliminate or offset completely a subsidy or to cease exports of subsidized merchandise. (c) Agreements eliminating injurious effect. (d) Additional rules and conditions. (e) Suspension of investigation procedure. (f) Effects of suspension of investigation. (g) Investigation to be continued upon request. (h) Review of suspension. (i) Violation of agreement. (j) Determination not to take agreement into account. (k) Termination of investigations initiated by administering authority. 1671d. Final determinations. (a) Final determination by administering authority. (b) Final determination by Commission. (c) Effect of final determinations. (d) Publication of notice of determinations. (e) Correction of ministerial errors. 1671e. Assessment of duty. (a) Publication of countervailing duty order. (b) Imposition of duties. 1671f. Treatment of difference between deposit of estimated countervailing duty and final assessed duty under countervailing duty orders. (a) Deposit of estimated countervailing duty under section 1671b(d)(2) of this title. (b) Deposit of estimated countervailing duty under section 1671e(a)(3) of this title. 1671g. Effect of derogation of Export-Import Bank financing. 1671h. Conditional payment of countervailing duties. (a) In general. (b) Importer requirements. PART II - IMPOSITION OF ANTIDUMPING DUTIES 1673. Imposition of antidumping duties. 1673a. Procedures for initiating an antidumping duty investigation. (a) Initiation by administering authority. (b) Initiation by petition. (c) Petition determination. (d) Notification to Commission of determination. (e) Information regarding critical circumstances. 1673b. Preliminary determinations. (a) Determination by Commission of reasonable indication of injury. (b) Preliminary determination by administering authority. (c) Extension of period in extraordinarily complicated cases. (d) Effect of determination by the administering authority. (e) Critical circumstances determinations. (f) Notice of determinations. 1673c. Termination or suspension of investigation. (a) Termination of investigation upon withdrawal of petition. (b) Agreements to eliminate completely sales at less than fair value or to cease exports of merchandise. (c) Agreements eliminating injurious effect. (d) Additional rules and conditions. (e) Suspension of investigation procedure. (f) Effects of suspension of investigation. (g) Investigation to be continued upon request. (h) Review of suspension. (i) Violation of agreement. (j) Determination not to take agreement into account. (k) Termination of investigation initiated by administering authority. (l) Special rule for nonmarket economy countries. 1673d. Final determinations. (a) Final determination by administering authority. (b) Final determination by Commission. (c) Effect of final determinations. (d) Publication or notice of determinations. (e) Correction of ministerial errors. 1673e. Assessment of duty. (a) Publication of antidumping duty order. (b) Imposition of duty. (c) Security in lieu of estimated duty pending early determination of duty. 1673f. Treatment of difference between deposit of estimated antidumping duty and final assessed duty under antidumping duty order. (a) Deposit of estimated antidumping duty under section 1673b(d)(2) of this title. (b) Deposit of estimated antidumping duty under section 1673e(a)(3) of this title. 1673g. Conditional payment of antidumping duty. (a) General rule. (b) Importer requirements. 1673h. Establishment of product categories for short life cycle merchandise. (a) Establishment of product categories. (b) Definitions. (c) Transitional rules. 1673i. Repealed. PART III - REVIEWS; OTHER ACTIONS REGARDING AGREEMENTS SUBPART A - REVIEW OF AMOUNT OF DUTY AND AGREEMENTS OTHER THAN QUANTITATIVE RESTRICTION AGREEMENTS 1675. Administrative review of determinations. (a) Periodic review of amount of duty. (b) Review upon information or request. (c) Revocation of countervailing duty order or antidumping duty order. (d) Hearings. (e) Determination that basis for suspension no longer exists. (f) Correction of ministerial errors. SUBPART B - CONSULTATIONS AND DETERMINATIONS REGARDING QUANTITATIVE RESTRICTION AGREEMENTS 1676. Required consultations. (a) Agreements in response to subsidies. (b) Modification of agreements on basis of consultations. (c) Special rule regarding agreements under section 1671c(c)(3) of this title. 1676a. Required determinations. (a) In general. (b) Determinations. (c) Hearings. PART IV - GENERAL PROVISIONS 1677. Definitions; special rules. 1677-1. Upstream subsidies. (a) 'Upstream subsidy' defined. (b) Determination of competitive benefit. (c) Inclusion of amount of subsidy. 1677-2. Calculation of subsidies on certain processed agricultural products. 1677a. United States price. (a) United States price. (b) Purchase price. (c) Exporter's sales price. (d) Adjustments to purchase price and exporter's sales price. (e) Additional adjustments to exporter's sales price. 1677b. Foreign market value. (a) Determination; fictitious market; sales agencies. (b) Sales at less than cost of production. (c) Nonmarket economy countries. (d) Special rule for certain multinational corporations. (e) Constructed value. (f) Exportation from an intermediate country. 1677c. Hearings. (a) Investigation hearings. (b) Procedures. 1677d. Subsidy practices discovered during a proceeding. 1677e. Verification of information. (a) Certification of submissions. (b) Verification. (c) Determinations to be made on best information available. 1677f. Access to information. (a) Information generally made available. (b) Proprietary information. (c) Limited disclosure of certain proprietary information under protective order. (d) Service. (e) Timely submissions. (f) Disclosure of proprietary information under protective orders issued pursuant to the United States-Canada Agreement. (g) Information relating to violations of protective orders and sanctions. 1677f-1. Sampling and averaging. (a) In general. (b) Selection of samples and averages. 1677g. Interest on certain overpayments and underpayments. (a) General rule. (b) Rate. 1677h. Drawback treatment. 1677i. Downstream product monitoring. (a) Petition requesting monitoring. (b) Monitoring by Commission. (c) Action on basis of monitoring reports. (d) Definitions. 1677j. Prevention of circumvention of antidumping and countervailing duty orders. (a) Merchandise completed or assembled in United States. (b) Merchandise completed or assembled in other foreign countries. (c) Minor alterations of merchandise. (d) Later-developed merchandise. (e) Commission advice. 1677k. Third-country dumping. (a) Definitions. (b) Petition by domestic industry. (c) Application for antidumping action on behalf of domestic industry. (d) Consultation after submission of application. (e) Action upon refusal of agreement country to act. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 81c of this title; title 7 section 624; title 13 section 301; title 15 section 69d; title 16 section 1540; title 26 sections 993, 5007; title 33 section 2236; title 42 section 9163. ------DocID 25825 Document 218 of 401------ -CITE- 19 USC Part 4 -EXPCITE- TITLE 19 CHAPTER 12 SUBCHAPTER I Part 4 -HEAD- Part 4 - Office of the United States Trade Representative -MISC1- AMENDMENTS 1983 - Pub. L. 97-456, Sec. 3(d)(3), Jan. 12, 1983, 96 Stat. 2505, substituted 'United States Trade Representative' for 'Special Representative for Trade Negotiations' in part 4 heading. ------DocID 25893 Document 219 of 401------ -CITE- 19 USC Part 4 -EXPCITE- TITLE 19 CHAPTER 12 SUBCHAPTER II Part 4 -HEAD- Part 4 - Adjustment Assistance for Communities -MISC1- TERMINATION DATE This part to terminate Sept. 30, 1982, see section 285 of Pub. L. 93-618, as amended, set out as a note preceding section 2271 of this title. -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 2391 of this title. ------DocID 26057 Document 220 of 401------ -CITE- 20 USC Sec. 3, 4 -EXPCITE- TITLE 20 CHAPTER 1 -HEAD- Sec. 3, 4. Repealed. Pub. L. 91-230, title IV, Sec. 401(d)(1), (2), Apr. 13, 1970, 84 Stat. 173 -MISC1- Section 3, act May 28, 1896, ch. 252, Sec. 1, 29 Stat. 171; Reorg. Plan No. I of 1939, Sec. 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; Reorg. Plan No. 1 of 1953, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, provided for publication of a bulletin of Office of Education respecting condition of higher education, technical and industrial education, compulsory school attendance, and other domestic and foreign education topics, and provided for a one edition issue of 12,500 copies, chargeable to allotment for printing and binding of the Department of Health, Education, and Welfare, and was superseded by sections 1231a, 1231b, and 1231c of this title. Section 4, R.S. Sec. 518, required Commissioner of Education to present an annual report to Congress, and was superseded by section 1231a of this title. ------DocID 26204 Document 221 of 401------ -CITE- 20 USC Sec. 80q-4 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER XIII -HEAD- Sec. 80q-4. Director and staff of National Museum -STATUTE- (a) In general The Secretary of the Smithsonian Institution shall appoint - (1) a Director who, subject to the policies of the Board of Trustees, shall manage the National Museum; and (2) other employees of the National Museum, to serve under the Director. (b) Offer of employment to Heye Foundation employees Each employee of the Heye Museum on the day before the date of the transfer of the Heye Foundation assets to the Smithsonian Institution shall be offered employment with the Smithsonian Institution - (1) under the usual terms of such employment; and (2) at a rate of pay not less than the rate applicable to the employee on the day before the date of the transfer. (c) Applicability of certain civil service laws The Secretary may - (1) appoint the Director, 2 employees under subsection (a)(2) of this section, and the employees under subsection (b) of this section without regard to the provisions of title 5, governing appointments in the competitive service; (2) fix the pay of the Director and such 2 employees without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates; and (3) fix the pay of the employees under subsection (b) of this section in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, subject to subsection (b)(2) of this section. -SOURCE- (Pub. L. 101-185, Sec. 6, Nov. 28, 1989, 103 Stat. 1339.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. ------DocID 26216 Document 222 of 401------ -CITE- 20 USC CHAPTER 4 -EXPCITE- TITLE 20 CHAPTER 4 -HEAD- CHAPTER 4 - NATIONAL ZOOLOGICAL PARK -MISC1- Sec. 81. Administration by Regents of Smithsonian Institution. 82. Aid in acquisition of collections. 83. Report of expenses. 84. Plans for buildings and bridges. 85. Concessions. (a) Authorization; use of proceeds for research and educational work. (b) Voluntary services. ------DocID 26245 Document 223 of 401------ -CITE- 20 USC Sec. 107d-4 -EXPCITE- TITLE 20 CHAPTER 6A -HEAD- Sec. 107d-4. Training programs for maximum vocational potential for blind -STATUTE- The Commissioner shall insure, through promulgation of appropriate regulations, that uniform and effective training programs, including on-the-job training, are provided for blind individuals, through services under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). He shall further insure that State agencies provide programs for upward mobility (including further education and additional training or retraining for improved work opportunities) for all trainees under this chapter, and that follow-along services are provided to such trainees to assure that their maximum vocational potential is achieved. -SOURCE- (June 20, 1936, ch. 638, Sec. 8, as added Dec. 7, 1974, Pub. L. 93-516, title II, Sec. 206, 88 Stat. 1628; Nov. 21, 1974, Pub. L. 93-651, title II, Sec. 206, 89 Stat. 2-13.) -REFTEXT- REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in text, is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified principally to chapter 16 (Sec. 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. -COD- CODIFICATION The content of Pub. L. 93-516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93-651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93-651, title II, Sec. 206, Nov. 21, 1974, 89 Stat. 2-13, in exactly the same manner as it was enacted by Pub. L. 93-516. -MISC3- PRIOR PROVISIONS A prior section 8 of act June 20, 1936, which was classified to section 107f of this title, was renumbered section 10 by Pub. L. 93-516, Sec. 206. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 107a of this title. ------DocID 26270 Document 224 of 401------ -CITE- 20 USC Sec. 130aa-4 -EXPCITE- TITLE 20 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 130aa-4. Enforcement -STATUTE- (a) After notice and an opportunity for a hearing, the Secretary is authorized to terminate and recover any grant awarded under this subchapter if the University - (1) withdraws or expends any endowment fund corpus, or any endowment fund income in excess of the amount authorized by section 130aa-3 of this title; (2) fails to invest its endowment fund corpus or income in accordance with the investment standards set forth in section 130aa-2 of this title; or (3) fails to account properly to the Secretary concerning investments and expenditures of its endowment fund corpus or income. (b) If the Secretary terminates a grant under subsection (a) of this section, the University shall return to the Treasury of the United States an amount equal to the sum of the original grant or grants under this subchapter (FOOTNOTE 1) plus any income earned thereon. The Secretary may direct the University to take such other appropriate measures to remedy any violation of this subchapter and to protect the financial interest of the United States. (FOOTNOTE 1) See Codification note below. -SOURCE- (Pub. L. 98-480, title II, Sec. 206, Oct. 17, 1984, 98 Stat. 2247.) -COD- CODIFICATION This subchapter, the first time it appears in subsec. (b), was in the original 'this Act' which was translated as reading 'this title', meaning title II of Pub. L. 98-480, Oct. 17, 1984, 98 Stat. 2236, as the probable intent of Congress. ------DocID 26366 Document 225 of 401------ -CITE- 20 USC Sec. 355e-4 -EXPCITE- TITLE 20 CHAPTER 16 SUBCHAPTER III -HEAD- Sec. 355e-4. Preservation programs -STATUTE- (a) Long-range program and annual program The long-range program and annual program of each State under this subchapter may - (1) include a statewide preservation cooperation plan that complies with this section; and (2) identify the preservation objectives to be achieved during the period covered by the long-range plans required by section 351d of this title. (b) Plan compliance requirements A statewide preservation cooperation plan complies with this section if - (1) such plan specifies the methods by which the State library administrative agency will work with libraries, archives, historical societies, scholarly organizations, and other agencies, within or outside the State, in planning, education and training, coordinating, outreach and public information, and service programs to ensure that endangered library and information resources are preserved systematically; and (2) such preservation plan is developed in consultation with such parties and agencies as the State archives, historical societies, libraries, scholarly organizations, and other interested parties. (c) Use of funds A State which has a statewide preservation cooperation plan that complies with this section may use funds under this subchapter to carry out such plan. (d) Contract authority of State library administrative agencies The State library administrative agency may contract part or all of the preservation program under this section to other agencies or institutions. -SOURCE- (June 19, 1956, ch. 407, title III, Sec. 305, as added Mar. 15, 1990, Pub. L. 101-254, Sec. 19, 104 Stat. 106.) -MISC1- EFFECTIVE DATE Section effective Oct. 1, 1990, see section 25 of Pub. L. 101-254, set out as an Effective Date of 1990 Amendment note under section 351a of this title. ------DocID 26688 Document 226 of 401------ -CITE- 20 USC Sec. 1070a-4 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 1 -HEAD- Sec. 1070a-4. Eligibility determination for single independent students or for married independent students without other dependents -STATUTE- (a) Computation of student aid index For single independent students or married independent students without other dependents, the student aid index is equal to the amount determined by - (1) computing the standard contribution from student's (and spouse's) income determined in accordance with subsection (b) of this section; (2) adding contribution from student's (and spouse's) assets determined in accordance with subsection (f) of this section; and (3) dividing the resultant amount by the number of family members who will be attending, on at least a half-time basis, a program of postsecondary education during the award period for which aid under this subpart is requested. (b) Computing the standard contribution from student's (and spouse's) income The standard contribution from the student's (and spouse's) income is determined by calculating the effective family income in accordance with subsection (c) of this section; by deducting the total offsets against income, as determined in accordance with subsection (d) of this section; and by assessing the results in accordance with subsection (e) of this section. (c) Determination of effective family income The effective family income is equal to - (1) the sum of - (A) the adjusted gross income of the student (and spouse) as reported to the Internal Revenue Service for the year immediately preceding the award year and income earned from work, other than amounts received under part C of subchapter I of chapter 34 of title 42, but not reported on a Federal income tax return, less any excludable income (as defined in section 1070a-6(9) of this title); (B) the total annual amount of untaxed income and benefits which is received by the student (and spouse) in the year immediately preceding the award year; and (C) one-half of the student's total veterans educational benefits, excluding Veterans' Administration contributory benefits, expected to be received during the award period; minus (2) the sum of - (A) the amount of United States income tax paid or payable by the student (and spouse) in the tax year preceding the award year; and (B) an allowance for State and other taxes as determined by multiplying the student's (and spouse's) total income (as determined under paragraph (1)), by a percentage determined according to the following table: Percentages for Computation of State and Other Tax Allowance --------------------------------------------------------------------- And student's (and spouse's) total income is - If student's State or less than $15,000 $15,000 or more territory of residence is - --------------------------------------------------------------------- then the percentage is - ------------------------------------------------ Alaska, Puerto Rico, 3 2 Wyoming American Samoa, 4 3 Guam, Louisiana, Nevada, Texas, Trust Territory, Virgin Islands Florida, South 5 4 Dakota, Tennessee, New Mexico North Dakota, 6 5 Washington Alabama, Arizona, 7 6 Arkansas, Indiana, Mississippi, Missouri, Montana, New Hampshire, Oklahoma, West Virginia Colorado, 8 7 Connecticut, Georgia, Illinois, Kansas, Kentucky California, 9 8 Delaware, Idaho, Iowa, Nebraska, North Carolina, Ohio, Pennsylvania, South Carolina, Utah, Vermont, Virginia, Canada, Mexico Maine, New Jersey 10 9 District of 11 10 Columbia, Hawaii, Maryland, Massachusetts, Oregon, Rhode Island Michigan, Minnesota 12 11 Wisconsin 13 12 New York 14 13 ------------------------------- (d) Total offsets against income Total offsets against income are determined by deducting - (1) a family size offset equal to the amount specified in the following table: Family Size Offsets --------------------------------------------------------------------- Family members Amount --------------------------------------------------------------------- 1 $5,300 2 6,700 ------------------------------- (2) an offset for unusual medical and dental expenses; and (3) in the case of a married independent student when both the student and spouse were employed in the year for which income is reported, or in the case of a student who qualifies as a head of household as defined in section 2 of title 26, an offset for employment expenses. (e) Assessment of discretionary income (1) The discretionary income that is assessed under this subsection is equal to (A) the effective family income (as determined under subsection (c) of this section), minus (B) the total offsets to such income (as determined under subsection (d) of this section). If such discretionary income is a negative amount, the contribution from the student's (and spouse's) income is zero. (2) If such discretionary income is a positive amount, the standard contribution from student's (and spouse's) income is multiplied by 75 percent. (f) Contribution from student's (and spouse's) assets (1) The asset contribution amount of an independent student and the student's spouse is equal to 5 percent of the sum of the amounts computed under paragraphs (3) and (4), reduced by the amount, if any, by which effective family income as computed under subsection (c) of this section is less than zero. If the result of such subtraction is a negative amount, the family asset contribution amount is zero. (2) The family asset contribution amount of a single independent student is equal to 33 percent of such student's net asset value, reduced by the amount, if any, by which effective family income as computed under subsection (c) of this section is less than zero. If such value minus such amount is a negative amount, the family asset contribution amount is zero. (3) If the assets of an independent student with a spouse include a principal place of residence, deduct $30,000 from the net value of the principal place of residence, except that in the case of a dislocated worker (certified in accordance with title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.)) or a displaced homemaker (as defined in section 1087vv(e) of this title), the net value of a principal place of residence shall be considered to be zero. If the subtraction required by the preceding sentence of this paragraph produces a negative number, the amount determined under this paragraph shall be zero. (4)(A) If the assets of an independent student with a spouse include assets other than a principal place of residence and other than farm and business assets, deduct $25,000 from the net value of those other assets. If the subtraction required by the preceding sentence of this subparagraph produces a negative number, the amount determined under this subparagraph shall be zero. (B)(i) If the assets of an independent student with a spouse include farm or business assets, or both, deduct $80,000 in the case of business assets or $100,000 in the case of farm assets from the net value of the farm or business assets, or both. If the subtraction required by the preceding sentence of this subparagraph produces a negative number, the amount determined under this subparagraph shall be zero. (ii) If the sum of the farm and business deduction and the deductions in paragraphs (3) and (4)(A) exceeds $110,000 in the case of business deductions or $130,000 in the case of farm deductions, the farm and business deduction shall be reduced by the amount that that sum exceeds $110,000, or $130,000, as the case may be. -SOURCE- (Pub. L. 89-329, title IV, Sec. 411D, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1319, and amended Pub. L. 100-50, Sec. 3(b)(4), (c)(1), (f)(3), (4), (g), June 3, 1987, 101 Stat. 337, 338; Pub. L. 100-369, Sec. 7(c), July 18, 1988, 102 Stat. 837.) -REFTEXT- REFERENCES IN TEXT The Job Training Partnership Act, referred to in subsec. (f)(3), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended. Title III of the Act is classified generally to subchapter III (Sec. 1651 et seq.) of chapter 19 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables. -MISC2- AMENDMENTS 1988 - Subsec. (d)(3). Pub. L. 100-369 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954', which for purposes of codification was translated as 'title 26' thus requiring no change in text. 1987 - Subsec. (c)(1)(A). Pub. L. 100-50, Sec. 3(c)(1), inserted ', less any excludable income (as defined in section 1070a-6(9) of this title)' after 'tax return'. Subsec. (e). Pub. L. 100-50, Sec. 3(f)(3), substituted 'discretionary income' for 'effective family income' in heading. Subsec. (e)(1). Pub. L. 100-50, Sec. 3(f)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'If the effective family income (as determined under subsection (c) of this section), minus the total offsets (as determined under subsection (d) of this section) is a negative amount, the standard contribution from the student's (and spouse's) income is zero.' Subsec. (e)(2). Pub. L. 100-50, Sec. 3(f)(4), substituted 'discretionary income' for 'effective family income'. Subsec. (f)(3). Pub. L. 100-50, Sec. 3(g), inserted in first sentence ', except that in the case of a dislocated worker (certified in accordance with title III of the Job Training Partnership Act) or a displaced homemaker (as defined in section 1087vv(e) of this title), the net value of a principal place of residence shall be considered to be zero'. Subsec. (f)(5). Pub. L. 100-50, Sec. 3(b)(4), struck out par. (5) which read as follows: 'The Secretary shall promulgate special regulations to permit, in the computation of family contributions for the programs under this subpart for any academic year, the exclusion from family income of any proceeds of a sale of farm or business assets of that family if such sale results from a voluntary or involuntary foreclosure, forfeiture, liquidation, or bankruptcy.' -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -MISC4- EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50, set out as a note under section 1001 of this title. EFFECTIVE DATE Section applicable with respect to determining need for Pell Grants for academic years beginning with academic year 1988-1989, with exception for applicability of definition of 'independent student', see section 401(b)(1) and (2) of Pub. L. 99-498 set out as a note under section 1070a-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1070a-1, 1070a-5, 1098 of this title. ------DocID 26701 Document 227 of 401------ -CITE- 20 USC Sec. 1070c-4 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 3 -HEAD- Sec. 1070c-4. 'Community service' defined -STATUTE- For the purpose of this subpart, the term 'community service' means services, including direct service, planning, and applied research which are identified by an institution of higher education, through formal or informal consultation with local nonprofit, governmental, and community-based organizations, and which - (1) are designed to improve the quality of life for community residents, particularly low-income individuals, or to solve particular problems related to the needs of such residents, including but not limited to, such fields as health care, child care, education, literacy training, welfare, social services, public safety, crime prevention and control, transportation, recreation, housing and neighborhood improvement, rural development, and community improvement; and (2) provide participating students with work-learning opportunities related to their educational or vocational programs or goals. -SOURCE- (Pub. L. 89-329, title IV, Sec. 415E, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1336, and amended Pub. L. 100-50, Sec. 5, June 3, 1987, 101 Stat. 340.) -MISC1- PRIOR PROVISIONS A prior section 1070c-4, Pub. L. 89-329, title IV, Sec. 415E, as added Pub. L. 94-482, title I, Sec. 123(c)(3), Oct. 12, 1976, 90 Stat. 2094, and amended Pub. L. 95-43, Sec. 1(a)(7), June 15, 1977, 91 Stat. 213, which related to a program of bonus allotments, was repealed by Pub. L. 96-374, title IV, Sec. 404(d), Oct. 3, 1980, 94 Stat. 1407, eff. Oct. 1, 1980. AMENDMENTS 1987 - Par. (1). Pub. L. 100-50 substituted 'literacy' for 'literary'. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50, set out as a note under section 1001 of this title. ------DocID 26702 Document 228 of 401------ -CITE- 20 USC subpart 4 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 4 -HEAD- subpart 4 - special programs for students from disadvantaged backgrounds -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 1070, 1070d-2, 1090 of this title. ------DocID 26741 Document 229 of 401------ -CITE- 20 USC Sec. 1078-4 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part B -HEAD- Sec. 1078-4. Commingling of funds -STATUTE- Notwithstanding any other provision of this part regarding permissible uses of funds from any source, funds received by a guaranty agency under any provision of this part may be commingled with funds received under any other provision of this part and may be used to carry out the purposes of such other provision, except that - (1) the total amount expended for the purposes of such other provision shall not exceed the amount the guaranty agency would otherwise be authorized to expend; and (2) the authority to commingle such funds shall not relieve such agency of any accounting or auditing obligations under this part. -SOURCE- (Pub. L. 89-329, title IV, Sec. 428D, as added Pub. L. 99-498, title IV, Sec. 402(a), Oct. 17, 1986, 100 Stat. 1393.) ------DocID 26891 Document 230 of 401------ -CITE- 20 USC Sec. 1132f-4 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER VII Part E -HEAD- Sec. 1132f-4. Initial capital -STATUTE- (a) Authority to issue common stock The Corporation shall issue shares of voting common stock of no par value at such time within 6 months of its incorporation as shall be designated by the initial Board of Directors, and from time to time thereafter. (b) Subscription by Secretary The Secretary is authorized and directed to subscribe to and purchase, in each of the 5 years following the incorporation of the Corporation, voting common stock of the Corporation having an aggregate purchase price of not more than $20,000,000, subject to availability of appropriations. (c) Subscription by Association The Student Loan Marketing Association is authorized to subscribe to and purchase during the 5 years following the incorporation of the Corporation voting common stock of the Corporation having an aggregate purchase price of $25,000,000 or more. (d) Annual issuance The Corporation is authorized to offer for subscription and purchase to the general public during the 5 years following the incorporation of the Corporation, voting common stock having an aggregate purchase price of $125,000,000. Not less than 40 percent of such stock shall be set aside for purchase by institutions of higher education prior to being offered to the general public. -SOURCE- (Pub. L. 89-329, title VII, Sec. 755, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1531.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1132f-7 of this title. ------DocID 26907 Document 231 of 401------ -CITE- 20 USC Sec. 1132h-4 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER VII Part G -HEAD- Sec. 1132h-4. Mary McLeod Bethune Memorial Fine Arts Center -STATUTE- (a) General authority In recognition of the remarkable career of Mary McLeod Bethune, founder and president of Bethune-Cookman College, founder and first president of the National Council of Negro Women, and confidant and advisor to Presidents of the United States, and in order to enhance the ability of Bethune-Cookman College to carry on the unique quality of service to the community and to the Nation that characterizes the life of Mary McLeod Bethune, the Secretary shall, in accordance with the provisions of this section, provide financial assistance to the Bethune-Cookman College in Volusia County, Florida, to enable the Bethune-Cookman College to establish the Mary McLeod Bethune Memorial Fine Arts Center. (b) Application No financial assistance may be made under this section except upon an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (c) Uses The financial assistance made available pursuant to this section shall be used for the construction of the Mary McLeod Bethune Memorial Fine Arts Center building, the acquisition of necessary equipment, and the acquisition of necessary real property for the establishment of the Center. (d) Authorization of appropriations There are authorized to be appropriated such sums, not to exceed $6,200,000, as may be necessary to carry out the provisions of this section. Funds appropriated pursuant to this section shall remain available until expended. -SOURCE- (Pub. L. 89-329, title VII, Sec. 775, as added Pub. L. 99-498, title VII, Sec. 701, Oct. 17, 1986, 100 Stat. 1541.) ------DocID 26970 Document 232 of 401------ -CITE- 20 USC Sec. 1135d-4 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER X Part B subpart 3 -HEAD- Sec. 1135d-4. Advisory provisions -STATUTE- (a) Advisory Board for the Minority Science and Engineering Improvement Programs There shall be established an Advisory Board for the Minority Science and Engineering Improvement Programs. The Board shall consist of 9 members, at least 6 of whom must be racial and national origin minority scientists, engineers, or science or engineering educators. In constituting the initial Board under subsection (c) of this section, efforts shall be made to achieve a balance on the Board with respect to sexual, geographic, and institutional background. (b) Purposes of the Board The Board shall act as an advisory group to the program. Drawing on the expertise of members, the Board will recommend to the Secretary and the director of the program those policies, procedures, and other measures which will further the efforts made through the program to improve the quality of science and engineering education by contributing to the access and retention of ethnic minorities in science and engineering education programs. Upon the request of the Secretary, the Board may be called upon to advise the Secretary on any matters within the Department which could be expected to have an impact on the access of minority students to careers in science, mathematics, or engineering. (c) Constitution of Board The initial Board shall be constituted in as follows: (1) The Director of the Programs shall solicit nominations for the Board from present and past grant recipients of the Minority Institutions Science Improvement Program. The Director shall select from among the nominees 18 candidates whose names shall be given to the Secretary. (2) The Secretary shall choose 9 Board members from among the 18 presented. (3) The Secretary shall assign 3 Board members to a 3-year term, 3 members to a 4-year term, and 3 members to a 5-year term. Upon expiration of these initial terms, replacement Board members shall serve for 3-year terms. Board members may serve more than one term. (4) The Chair of the Board shall be selected by a simple majority vote of Board members and will serve a single term. (5) Vacancies on the Board shall be filled by the Board soliciting nominees from institutions eligible to receive grants through the Program. From among the nominees the present and immediate past Chair of the Board shall submit at least 2 nominees for each vacancy to the Secretary, who shall fill vacancies from among the names submitted. (d) Compensation of the Board Members of the Board shall receive compensation at a rate not to exceed the daily equivalent of the maximum annual rate of basic pay in effect for grade GS-15 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Board. -SOURCE- (Pub. L. 89-329, title X, Sec. 1045, as added Pub. L. 99-498, title X, Sec. 1002, Oct. 17, 1986, 100 Stat. 1565.) -REFTEXT- REFERENCES IN TEXT Grade GS-15 of the General Schedule, referred to in subsec. (d), is set out under section 5332 of Title 5, Government Organization and Employees. -MISC2- TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 27070 Document 233 of 401------ -CITE- 20 USC Sec. 1221e-4 -EXPCITE- TITLE 20 CHAPTER 31 SUBCHAPTER I -HEAD- Sec. 1221e-4. Educational impact statement -STATUTE- Notwithstanding any other provision of law, no regulation affecting any institution of higher education in the United States, promulgated on or after October 3, 1980, shall become effective unless such agency causes to be published in the Federal Register a copy of such proposed regulation together with an educational impact assessment statement which shall determine whether any information required to be transmitted under such regulation is already being gathered by or is available from any other agency or authority of the United States. Notwithstanding the exception provided under section 553(b) of title 5, such statement shall be based upon the record established under the provisions of section 553 of title 5, compiled during the rulemaking proceeding regarding such regulation. -SOURCE- (Pub. L. 90-247, title IV, Sec. 409, as added Pub. L. 96-374, title XIII, Sec. 1306, Oct. 3, 1980, 94 Stat. 1498.) -COD- CODIFICATION October 3, 1980, referred to in text, was in the original 'the date of enactment of this Act', which was translated as meaning the date of enactment of Pub. L. 96-374, which enacted this section, to reflect the probable intent of Congress. -MISC3- EFFECTIVE DATE Section effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96-374, set out as an Effective Date of 1980 Amendment note under section 1001 of this title. ------DocID 27253 Document 234 of 401------ -CITE- 20 USC Part 4 -EXPCITE- TITLE 20 CHAPTER 39 SUBCHAPTER I Part 4 -HEAD- Part 4 - Remedies -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 1703 of this title. ------DocID 27548 Document 235 of 401------ -CITE- 20 USC subpart 4 -EXPCITE- TITLE 20 CHAPTER 47 SUBCHAPTER I Division 1 Part D subpart 4 -HEAD- subpart 4 - general provisions for state operated programs ------DocID 27579 Document 236 of 401------ -CITE- 20 USC subpart 4 -EXPCITE- TITLE 20 CHAPTER 47 SUBCHAPTER I Division 1 Part F subpart 4 -HEAD- subpart 4 - studies ------DocID 27601 Document 237 of 401------ -CITE- 20 USC subpart 4 -EXPCITE- TITLE 20 CHAPTER 47 SUBCHAPTER I Division 2 Part A subpart 4 -HEAD- subpart 4 - effective schools programs -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in sections 2931, 2932, 2974 of this title. ------DocID 28282 Document 238 of 401------ -CITE- 21 USC CHAPTER 4 -EXPCITE- TITLE 21 CHAPTER 4 -HEAD- CHAPTER 4 - ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS -MISC1- SUBCHAPTER I - EXAMINATION OF ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS Sec. 71 to 99. Transferred, Repealed, or Omitted. SUBCHAPTER II - IMPORTATION OF CATTLE AND QUARANTINE 101. Suspension of importation of all animals. 102. Quarantine of imported animals. 103. Importation, except at quarantine ports, prohibited; slaughter of infected animals; appraisal; payment. 104. Importation of diseased animals prohibited; exception; penalties. 105. Inspection of animals imported or intended for export. 106, 107. Omitted. SUBCHAPTER III - PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION 111. Regulations to prevent contagious diseases. 112. Investigations as to pleuropneumonia, and other diseases; regulations. 112a. Omitted. 113. Measures to prevent exportation of diseased livestock and live poultry. 113a. Establishment of research laboratories for foot-and-mouth disease and other animal diseases; research contracts; employment of technicians and scientists; appropriations. 114. Regulations for suppression of diseases; cooperation of States and Territories. 114a. Control and eradication of diseases; cooperation of States and farmers' associations; purchase and destruction of diseased animals; 'State' defined. 114a-1. Interstate movement of domestic animals reacting to tests for brucellosis; immediate slaughter; rules and regulations. 114b. Cooperation in animal disease control. 114c. Use of funds. 114d. Sale of sterile screwworms. (a) In general. (b) Terms of sale. (c) Deposit of proceeds. 114d-1. Cooperation with public and private entities. 114d-2 to 114d-6. Repealed. 114e. Control and eradication of cattle grubs; research and investigations. 114f. 'State' defined; authorization of appropriations. 114g. Hog cholera eradication program. 114h. Advisory committee. (a) Establishment; membership. (b) Functions. (c) Employment status; expenses. 114i. Pseudorabies eradication. (a) Findings. (b) Establishment of program. (c) Use of funds for testing and control of pseudorabies. (d) Authorization of appropriations. 115. Transportation of diseased livestock and live poultry prohibited. 116. Shipment of certain cattle excepted. 117. Penalties for transportation of diseased livestock or live poultry. (a) Criminal penalty. (b) Civil penalty. 118. Duty of United States attorneys. 119. Agents to examine and report on methods of treatment of animals, and means for suppression of diseases. 120. Regulation of exportation and transportation of infected livestock and live poultry. 121. Shipments from areas suspected infected; control of animals and live poultry. 122. Offenses; penalty. 123. Quarantine. 124. Transportation or delivery therefor from quarantined State or Territory or portion thereof, of quarantined animals and live poultry, forbidden. 125. Regulations for inspection, disinfection, and certification, and delivery and shipment of quarantined animals and live poultry from State or Territory. 126. Moving quarantined animals and live poultry from State or Territory, under regulations. 127. Transportation from quarantined State, Territory, etc.; penalty. 128. Extension of quarantine law to carriers in interstate commerce. 129. Expenses for arrest and eradication of contagious or infectious diseases or pests of animals, poultry, or plants. 130. Pleuropneumonia in District of Columbia; duties of Council of the District of Columbia. 131. Fences along international boundary lines to keep out diseased animals. 132, 133. Transferred or Repealed. 134. Definitions. 134a. Seizure, quarantine, and disposal of livestock or poultry to guard against introduction or dissemination of communicable disease. (a) Authority of Secretary. (b) Determination of extraordinary emergency due to dangerous communicable disease; seizure, quarantine, and disposal of animals; action authorized only if adequate measures not taken by State or other jurisdiction; notice to State or other jurisdiction. (c) Notice to owner to quarantine or to dispose of animal, carcass, product, or article; action on failure to comply; costs. (d) Compensation of owner; fair market value; payments from State or other source; availability of funds. (e) Restriction on payment of compensation in cases of violation of law or regulation. 134b. Regulations for clean and sanitary movement of animals. 134c. Regulations for movement of animals affected or exposed to communicable disease. 134d. Inspections and seizures; issuance of warrants. 134e. Enforcement provisions. (a) Criminal and civil penalties. (b) Injunctive proceedings. 134f. Promulgation of regulations. 134g. Authority in addition to other laws; repeal of inconsistent provisions. 134h. Separability. 135. International animal quarantine station; establishment; acceptance of gifts; cooperation with breeders' organizations; collection of fees. 135a. Smuggling penalties. (a) Criminal penalty. (b) Civil penalty. 135b. Authorization of appropriations. 136. Additional inspection services. 136a. Collection of fees for inspection services. (a) Quarantine, inspection and transportation fees. (b) Omitted. (c) Animal inspection and veterinary diagnostics. (d) Regulations. (e) Recovery of amounts owed. (f) Definitions. SUBCHAPTER IV - IMPORTATION OF MILK AND CREAM 141. Prohibition of importation without permit. 142. Milk or cream when unfit for importation. 143. Inspection; certified statement in lieu thereof; waiver of requirements of section 142; regulations; suspension and revocation of permits. 144. Unlawful receiving of imported milk or cream. 145. Penalties. 146. Authorization of appropriations. 147. Repeal of inconsistent laws. 148. Powers of State with respect to milk or cream lawfully imported. 149. Definitions. ------DocID 28830 Document 239 of 401------ -CITE- 22 USC CHAPTER 4 -EXPCITE- TITLE 22 CHAPTER 4 -HEAD- CHAPTER 4 - PASSPORTS -MISC1- Sec. 211. Repealed. 211a. Authority to grant, issue, and verify passports. 212. Persons entitled to passport. 213. Application for passport; verification by oath of initial passport. 214. Fees for execution and issuance of passports; persons excused from payment. 214a. Fees erroneously charged and paid; refund. 215. Omitted. 216. Return of fees on refusal to vise. 217. Repealed. 217a. Validity of passport; limitation of time. 218. Returns as to passports issued, etc. 219 to 229. Repealed. -CROSS- CROSS REFERENCES Immigration and Nationality Act, see section 1101 et seq. of Title 8, Aliens and Nationality. ------DocID 28895 Document 240 of 401------ -CITE- 22 USC Sec. 262m-4 -EXPCITE- TITLE 22 CHAPTER 7 -HEAD- Sec. 262m-4. Environmental educational and training programs for mid-level bank managers and officials of borrowing countries -STATUTE- The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development banks to support the strengthening of educational programs within each multilateral development bank to improve the capacity of mid-level managers to initiate and manage environmental aspects of development activities, and to train officials of borrowing countries in the conduct of environmental analyses. -SOURCE- (Pub. L. 95-118, title XIII, Sec. 1305, as added Pub. L. 100-202, Sec. 101(e) (title I), Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.) -COD- CODIFICATION Section 1305 of Pub. L. 95-118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100-202. ------DocID 28907 Document 241 of 401------ -CITE- 22 USC Sec. 262p-4 -EXPCITE- TITLE 22 CHAPTER 7 -HEAD- Sec. 262p-4. Instructions to United States Executive Directors; indigenous people in borrowing country; determination of impact; protection of rights; consultation -STATUTE- The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to initiate discussions with other executive directors of the respective bank and to propose that the bank take such steps as may be necessary - (1) to determine, at the time an initial feasibility study is conducted with respect to a proposed project and to the fullest extent possible, the impact such project would have on indigenous people in the borrowing country; (2) to ensure compliance with loan conditionalities relating to the protection of the rights of indigenous people to lands and resources; and (3) to consult with indigenous people, and nongovernmental organizations representing indigenous people, at every phase of loan design, planning, implementation, and monitoring. -SOURCE- (Pub. L. 95-118, title XVI, Sec. 1605, as added Pub. L. 100-202, Sec. 101(e) (title I), Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.) -COD- CODIFICATION Section 1605 of Pub. L. 95-118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100-202. -CROSS- DEFINITIONS The definitions in section 262p-5 of this title apply to this section. ------DocID 28969 Document 242 of 401------ -CITE- 22 USC Sec. 276a-4 -EXPCITE- TITLE 22 CHAPTER 7 -HEAD- Sec. 276a-4. Auditing of accounts of House and Senate delegations to the Interparliamentary Union; finality and conclusiveness of certificate of Chairman -STATUTE- The certificate of the Chairman of the respective delegation to the Interparliamentary Union (or the certificate of the executive secretary of the American group if the Chairman delegates such authority to him) shall be final and conclusive upon the accounting officers in the auditing of all accounts of the House and Senate delegations to the Interparliamentary Union. -SOURCE- (June 28, 1935, ch. 322, Sec. 6, as added June 15, 1977, Pub. L. 95-45, Sec. 4(d)(3), 91 Stat. 223.) ------DocID 29000 Document 243 of 401------ -CITE- 22 USC Sec. 277d-4 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-4. Acquisition of properties of Imperial Irrigation District of California -STATUTE- The United States Commissioner, in order to comply with the provisions of articles 12 and 23 of the treaty of February 3, 1944, between the United States and Mexico, relating to the utilization of the waters of the Colorado and Tijuana Rivers and of the Rio Grande below Fort Quitman, Texas, is authorized to acquire, in the name of the United States, by purchase or by proceedings in eminent domain, the physical properties owned by the Imperial Irrigation District of California, located in the vicinity of Andrade, California, consisting of the Alamo Canal in the United States, the Rockwood Intake, the Hanlon Heading, the quarry, buildings used in connection with such facilities, and appurtenant lands, and to reconstruct, operate and maintain such properties in connection with the administration of said treaty. -SOURCE- (Sept. 13, 1950, ch. 948, title I, Sec. 104, 64 Stat. 847.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 277d-5 of this title. ------DocID 29117 Document 244 of 401------ -CITE- 22 USC Sec. 283z-4 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XII -HEAD- Sec. 283z-4. Amendments to Articles of Agreement in resolution on Merger of Interregional and Ordinary Capital Resources -STATUTE- The United States Governor of the Inter-American Development Bank is hereby authorized to agree to and to accept the amendments to the Articles of Agreement in the proposed resolution entitled 'Merger of Inter-regional and Ordinary Capital Resources'. -SOURCE- (Pub. L. 86-147, Sec. 32, as added Pub. L. 100-202, Sec. 101(e) (title I), Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.) -COD- CODIFICATION Section 32 of Pub. L. 86-147 is based on section 501 of title V of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100-202. ------DocID 29203 Document 245 of 401------ -CITE- 22 USC Sec. 286e-4 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XV -HEAD- Sec. 286e-4. Loans to International Finance Corporation; amendment to Articles of Agreement -STATUTE- The United States Governor of the Bank is authorized to agree to an amendment to the articles of agreement of the Bank to permit the Bank to make, participate in, or guarantee loans to the International Finance Corporation for use in the lending operations of the latter. -SOURCE- (July 31, 1945, ch. 339, Sec. 21, as added Aug. 14, 1965, Pub. L. 89-126, Sec. 1(3), 79 Stat. 519.) ------DocID 29307 Document 246 of 401------ -CITE- 22 USC Sec. 290g-4 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XXII -HEAD- Sec. 290g-4. Authorization of appropriations; repayments and distributions from Fund to Treasury -STATUTE- (a) There is hereby authorized to be appropriated without fiscal year limitation, as the United States subscription, $25,000,000 to be paid by the Secretary of the Treasury to the Fund in three annual installments of $9,000,000, $8,000,000, and $8,000,000. (b) Any repayment or distribution of moneys from the Fund to the United States shall be covered into the Treasury as a miscellaneous receipt. -SOURCE- (Pub. L. 94-302, title II, Sec. 206, May 31, 1976, 90 Stat. 594.) ------DocID 29323 Document 247 of 401------ -CITE- 22 USC Sec. 290h-4 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XXIII -HEAD- Sec. 290h-4. Powers of Foundation -STATUTE- (a) General provisions The Foundation, as a corporation - (1) shall have perpetual succession unless dissolved by an Act of Congress; (2) may sue and be sued, complain, and defend, in its corporate name in any court of competent jurisdiction; (3) may adopt, alter, and use a seal, which shall be judicially noticed; (4) may prescribe, amend, and repeal such rules and regulations as may be necessary for carrying out the functions of the Foundation; (5) may make and perform such contracts and other agreements with any individual, corporation, or other private or public entity however designated and wherever situated, as may be necessary for carrying out the functions of the Foundation; (6) may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation not exceeding $10,000 in any fiscal year; (7) may, as necessary for carrying out the functions of the Foundation, employ and fix the compensation of not to exceed the following number of persons at any one time: 25 during the fiscal year 1981, 50 during the fiscal year 1982, and 75 thereafter; (8) may lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with such property (real, personal, or mixed) or any interest therein, wherever situated, as may be necessary for carrying out the functions of the Foundation; (9) may accept gifts or donations of services or of property (real, personal, or mixed), tangible or intangible, in furtherance of the purposes of this subchapter; (10) may use the United States mails in the same manner and on the same conditions as the executive departments of the Government; (11) may, with the consent of any agency of the United States, use the information, services, facilities, and personnel of that agency in carrying out the purposes of this subchapter; and (12) shall have such other powers as may be necessary and incident to carrying out this subchapter. (b) Nonprofit entity; restriction on use of moneys; conflict of interests The Foundation shall be a nonprofit corporation and shall have no capital stock. No part of its revenue, earnings, or other income or property shall inure to the benefit of any of its directors, officers, or employees, and such revenue, earnings, or other income or property shall only be used for carrying out the purposes of this subchapter. No director, officer, or employee of the corporation shall in any manner directly or indirectly participate in the deliberation upon or the determination of any question affecting his or her personal interests or the interests of any corporation, partnership, or organization in which he or she is directly or indirectly interested. (c) Tax exemption The Foundation, including its franchise and income, shall be exempt from taxation now or hereafter imposed by the United States, by any territory or possession of the United States, or by any State, county, municipality, or local taxing authority. (d) Termination of Foundation and liquidation of assets Upon termination of the corporate life of the Foundation its assets shall be liquidated and, unless otherwise provided by Congress, shall be transferred to the United States Treasury as the property of the United States. -SOURCE- (Pub. L. 96-533, title V, Sec. 506, Dec. 16, 1980, 94 Stat. 3153.) ------DocID 29334 Document 248 of 401------ -CITE- 22 USC Sec. 290i-4 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XXIV -HEAD- Sec. 290i-4. Restrictions -STATUTE- (a) (FOOTNOTE 1) Unless authorized by law, neither the President, nor any person or agency, shall, on behalf of the United States - (FOOTNOTE 1) So in original. No subsec. (b) was enacted. (1) subscribe to additional shares of stock of the Bank; (2) vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which changes the purpose or functions of the Bank; or (3) make a loan or provide other financing to the Bank, except that funds for technical assistance may be provided to the Bank by a United States agency created pursuant to an Act of Congress which is authorized by law to provide funds to international organizations. -SOURCE- (Pub. L. 97-35, title XIII, Sec. 1336, Aug. 13, 1981, 95 Stat. 742.) ------DocID 29349 Document 249 of 401------ -CITE- 22 USC Sec. 290k-4 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XXVI -HEAD- Sec. 290k-4. Consultation with representatives of private sector and of labor organizations on Agency policy directions and operations -STATUTE- Recognizing that United States participation in the Agency represents an effort to enhance United States trade prospects and strengthen the role of the United States private sector in the development process, the Secretary of the Treasury shall ensure regular and continuing consultations with United States private sector representatives and representatives of United States labor organizations, through appropriate mechanisms, on policy directions and operations of the Agency, and shall take account of those consultations in determining the policies of the United States toward the Agency. -SOURCE- (Pub. L. 100-202, Sec. 101(e) (title I), Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.) -COD- CODIFICATION Section is based on section 407 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100-202. ------DocID 29362 Document 250 of 401------ -CITE- 22 USC Sec. 290l-4 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XXVII -HEAD- Sec. 290l-4. Subscription of stock -STATUTE- (a) Subscription authority (1) In general The Secretary of the Treasury may subscribe on behalf of the United States to 100,000 shares of the capital stock of the Bank. (2) Effectiveness of subscription commitment Any commitment to make such subscription shall be effective only to such extent or in such amounts as are provided for in advance by appropriations Acts. (b) Limitations on authorization of appropriations For payment by the Secretary of the Treasury of the subscription of the United States for shares described in subsection (a) of this section, there are authorized to be appropriated $1,167,010,000 without fiscal year limitation. (c) Disposition of net income distributions by Bank Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt. -SOURCE- (Pub. L. 101-513, title V, Sec. 562(c)(6), Nov. 5, 1990, 104 Stat. 2034.) -COD- CODIFICATION Subsecs. (a) to (c) were in the original (A) to (C), respectively, and pars. (1) and (2) of subsec. (a) were in the original (i) and (ii), respectively, and were editorially redesignated for purposes of codification. ------DocID 29622 Document 251 of 401------ -CITE- 22 USC Part 4 -EXPCITE- TITLE 22 CHAPTER 15 SUBCHAPTER I Part 4 -HEAD- Part 4 - Immigration ------DocID 29632 Document 252 of 401------ -CITE- 22 USC Part 4 -EXPCITE- TITLE 22 CHAPTER 15 SUBCHAPTER II Part 4 -HEAD- Part 4 - Immigration ------DocID 30270 Document 253 of 401------ -CITE- 22 USC Sec. 2349aa-4 -EXPCITE- TITLE 22 CHAPTER 32 SUBCHAPTER II Part VIII -HEAD- Sec. 2349aa-4. Authorization of appropriations -STATUTE- (a) There are authorized to be appropriated to the President to carry out this part $9,840,000 for fiscal year 1986 and $14,680,000 for fiscal year 1987. (b) Amounts appropriated under this section are authorized to remain available until expended. -SOURCE- (Pub. L. 87-195, pt. II, Sec. 575, as added Pub. L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972, and amended Pub. L. 99-83, title V, Sec. 501(a), Aug. 8, 1985, 99 Stat. 219; Pub. L. 99-399, title IV, Sec. 401(a)(2), Aug. 27, 1986, 100 Stat. 862.) -MISC1- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-399 substituted '$14,680,000 for the fiscal year 1987' for '$9,840,000 for the fiscal year 1987'. 1985 - Pub. L. 99-83, in amending section generally, designated existing provisions as subsecs. (a) and (b), and in subsec. (a) as so designated, substituted provisions appropriating $9,840,000 for fiscal years 1986 and 1987 for provisions appropriating $5,000,000 for fiscal year 1984. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99-83, set out as a note under section 2151-1 of this title. ALLOCATION OF FUNDS Funds available to President for carrying out this part allocated to Secretary of State by section 1-801(c) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56674, 56678, set out as a note under section 2381 of this title. ------DocID 30833 Document 254 of 401------ -CITE- 22 USC Part 4 -EXPCITE- TITLE 22 CHAPTER 51 SUBCHAPTER I Part 4 -HEAD- Part 4 - Claims for Injuries to Persons or Property ------DocID 31474 Document 255 of 401------ -CITE- 23 USC CHAPTER 4 -EXPCITE- TITLE 23 CHAPTER 4 -HEAD- CHAPTER 4 - HIGHWAY SAFETY -MISC1- Sec. 401. Authority of the Secretary. 402. Highway safety programs. 403. Highway safety research and development. 404. National Highway Safety Advisory Committee. 405. Repealed. 406. School bus driver training. 407. Innovative project grants. 408. Alcohol traffic safety programs. 409. Admission as evidence of certain reports and surveys. 410. Drunk driving prevention programs. AMENDMENTS 1988 - Pub. L. 100-690, title IX, Sec. 9002(b), Nov. 18, 1988, 102 Stat. 4525, added item 410. 1987 - Pub. L. 100-17, title I, Sec. 132(b), Apr. 2, 1987, 101 Stat. 170, added item 409. 1982 - Pub. L. 97-364, title I, Sec. 101(b), Oct. 25, 1982, 96 Stat. 1740, added item 408. 1978 - Pub. L. 95-599, title II, Sec. 208(b), Nov. 6, 1978, 92 Stat. 2732, added item 407. 1976 - Pub. L. 94-280, title I, Sec. 135(d), May 5, 1976, 90 Stat. 442, substituted item 405 'Repealed' for 'Federal-aid safer roads demonstration program'. 1975 - Pub. L. 93-643, Sec. 126(b), Jan. 4, 1975, 88 Stat. 2291, added item 406. 1973 - Pub. L. 93-87, title II, Sec. 230(b), Aug. 13, 1973, 87 Stat. 294, added item 405. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 49 sections 104, 105. ------DocID 31558 Document 256 of 401------ -CITE- 24 USC CHAPTER 4 -EXPCITE- TITLE 24 CHAPTER 4 -HEAD- CHAPTER 4 - SAINT ELIZABETHS HOSPITAL -MISC1- SUBCHAPTER I - ESTABLISHMENT AND MANAGEMENT; PENSIONS, MONEYS, AND APPROPRIATIONS Sec. 161 to 168a. Repealed or Omitted. 168b. Computation of maximum amount available from Federal sources. 169 to 170. Repealed. 170a. Maximum amount available from Federal sources. 171 to 185. Repealed. SUBCHAPTER II - INMATES; BURDEN OF EXPENSES THEREOF; DENTENTION OF INSANE 191 to 222. Omitted or Repealed. SUBCHAPTER III - MENTAL HEALTH SERVICE FOR DISTRICT OF COLUMBIA 225. Findings and purposes. 225a. Definitions. 225b. Development of plan for mental health system for the District. (a) Responsibility for mental health services; effective date; final system implementation plan; comprehensive mental health program. (b) Mayor; preliminary system implementation plan; final implementation plan; submission to and review by Council and Congressional committees. (c) Contents of system implementation plan. (d) Consultation; labor-management advisory committee; public comments. (e) Shift of selected program responsibilities and staff resources; commercial activity proposals; exemption of certain studies. (f) Financial and physical plant audits; repairs and renovations; maintenance of facilities and infrastructure. (g) Service coordination period; responsibility for providing services. 225c. Congressional review of system implementation plan. 225d. Transition provisions for employees of Hospital. (a) Retirement opportunity. (b) Specific number and types of positions; transfer to District employment. (c) Retention list; reemployment priority list; right-of-first-refusal; retention registers; employee appeals. (d) Federal agency reemployment priority list; right-of-first-refusal; Department of Health and Human Services; separation; maintenance of lists; District agency reemployment priority list; refusal of employment offer; acceptance of nontemporary employment. (e) Contracts; mental health services; preferences. 225e. Conditions of employment for former employees of Hospital. (a) Individuals accepting employment; without service breaks. (b) Exemption from residency requirements. (c) Compensation; work related injuries. (d) Actions by District against individuals accepting employment. (e) Commissioned public health service officers. (f) Former patient employees. 225f. Property transfer. (a) Authority of Secretary; exclusion of certain real property. (b) Preparation of master plan; consultation; approval; property transfer; exclusion of Oxon Cove Park. (c) Transfer of J.B. Johnson Building and grounds. 225g. Financing provisions. (a) Authorization of appropriations. (b) Federal agencies; payments to District of costs for treatment of certain patients; responsibility of U.S. for service costs. (c) Financial responsibility during coordination period. (d) Shared responsibility for capital improvements. (e) Unassigned liabilities; sole responsibility of Federal Government. (f) Audit to determine liability of Federal Government for accrued annual leave balances; authorization of appropriations. (g) Authority; District; collection of costs for mental health services. (h) Responsibility of United States for certain claims. ------DocID 31672 Document 257 of 401------ -CITE- 25 USC Sec. 4 -EXPCITE- TITLE 25 CHAPTER 1 -HEAD- Sec. 4. Defective record of deeds and papers legalized -STATUTE- The recording of all deeds and papers prior to July 26, 1892, in the office of the Commissioner of Indian Affairs is confirmed, approved, and legalized; and said record theretofore made shall be deemed, taken, and held to be good and valid and shall have all the force and effect and be entitled to the same credit as if it had been made in pursuance of and in conformity to law. But shall have no effect whatever upon the validity or invalidity of the deed or paper so recorded, and shall be no evidence of constructive notice to any persons not actually knowing the contents. -SOURCE- (July 26, 1892, ch. 256, Sec. 1, 27 Stat. 272.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 31743 Document 258 of 401------ -CITE- 25 USC Sec. 70n-4 to 70v-3 -EXPCITE- TITLE 25 CHAPTER 2A -HEAD- Sec. 70n-4 to 70v-3. Omitted -COD- CODIFICATION The Indian Claims Commission terminated on Sept. 30, 1978, pursuant to section 70v of this title. Section 70n-4, Pub. L. 88-168, Sec. 4, Nov. 4, 1963, 77 Stat. 301, related to payment of interest and repayment from judgments. Section 70n-5, Pub. L. 88-168, Sec. 5, Nov. 4, 1963, 77 Stat. 301, related to crediting to revolving fund of repayments and interest. Section 70n-6, Pub. L. 88-168, Sec. 6, Nov. 4, 1963, 77 Stat. 301, related to liability of the United States. Section 70n-7, Pub. L. 88-168, Sec. 7, Nov. 4, 1963, 77 Stat. 301, prohibited approval of contingent fee contracts for witness before Commission. Section 70o, act Aug. 13, 1946, ch. 959, Sec. 16, 60 Stat. 1053, forbade a member of Congress from practicing before Commission. Section 70p, act Aug. 13, 1946, ch. 959, Sec. 17, 60 Stat. 1053, related to hearings by Commission. Section 70q, acts Aug. 13, 1946, ch. 959, Sec. 18, 60 Stat. 1054; Apr. 10, 1967, Pub. L. 90-9, Sec. 4, 81 Stat. 11, related to testimony of witnesses before Commission. Section 70r, act Aug. 13, 1946, ch. 959, Sec. 19, 60 Stat. 1054, related to final determinations of Commission. Section 70s, acts Aug. 13, 1946, ch. 959, Sec. 20, 60 Stat. 1054; Sept. 8, 1960, Pub. L. 86-722, 74 Stat. 829; Mar. 13, 1978, Pub. L. 95-243, 92 Stat. 153, related to judicial review of questions or determinations of Commission. Section 70t, act Aug. 13, 1946, ch. 959, Sec. 21, 60 Stat. 1055, related to a report of determination of claim to Congress by Commission. Section 70u, act Aug. 13, 1946, ch. 959, Sec. 22, 60 Stat. 1055, related to payment of claim after final determination and an adverse determination as a bar to further claims against United States. Section 70v, acts Aug. 13, 1946, ch. 959, Sec. 23, 60 Stat. 1055; July 24, 1956, ch. 679, 70 Stat. 624; June 16, 1961, Pub. L. 87-48, 75 Stat. 92; Apr. 10, 1967, Pub. L. 90-9, Sec. 1, 81 Stat. 11; Mar. 30, 1972, Pub. L. 92-265, Sec. 1, 86 Stat. 114; Oct. 8, 1976, Pub. L. 94-465, Sec. 2, 90 Stat. 1990, provided for dissolution of Commission. Section 70v-1, act Aug. 13, 1946, ch. 959, Sec. 27, as added Apr. 10, 1967, Pub. L. 90-9, Sec. 5, 81 Stat. 11, and amended Mar. 30, 1972, Pub. L. 92-265, Sec. 2, 3, 86 Stat. 115, related to trial calendar of Commission. Section 70v-2, act Aug. 13, 1946, ch. 959, Sec. 28, as added Mar. 30, 1972, Pub. L. 92-265, Sec. 4, 86 Stat. 115, and amended Oct. 8, 1976, Pub. L. 94-465, Sec. 3, 90 Stat. 1990, related to status reports to Congress by Commission. Section 70v-3, act Aug. 13, 1946, ch. 959, Sec. 29, as added July 20, 1977, Pub. L. 95-69, Sec. 2, 91 Stat. 273, and amended Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 149, 96 Stat. 46, related to cases transferred to United States Claims Court from Commission. ------DocID 31762 Document 259 of 401------ -CITE- 25 USC CHAPTER 4 -EXPCITE- TITLE 25 CHAPTER 4 -HEAD- CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS -MISC1- SUBCHAPTER I - PURCHASE OF SUPPLIES Sec. 91 to 95. Omitted or Repealed. 96. Copies of contracts furnished to General Accounting Office before payment. 97. Proposals or bids for contracts to be preserved. 98. Purchase of supplies without authority. 99. Contracts for supplies in advance of appropriations. 100. Repealed. 101. Payment for wagon transportation. 102. Payment of costs for furnishing coal for Indian Service. 103. Repealed. 104. Purchase of articles manufactured at schools. SUBCHAPTER II - DISBURSEMENT OF MONEYS AND SUPPLIES 111. Payment of moneys and distribution of goods. 112. Persons present at delivery of goods and money. 113. Mode of disbursements. 114. Payment of annuities in coin. 115. Payment of annuities in goods. 116. Indians 18 years of age to have right to receipt for annuity. 117. Repealed. 117a. Per capita distribution of funds to tribe members. 117b. Distribution of funds. (a) Previous contractual obligations; tax exemption. (b) Funds appropriated in satisfaction of judgments. (c) Shoshone Tribe and Arapahoe Tribe of the Wind River Reservation, Wyoming. 117c. Standards for approval of tribal payments; United States not liable for distribution of funds; continuing responsibility under other provisions. 118. Payments in satisfaction of judgments. 119. Allotment of tribal funds to individual Indians. 120. Per capita payments to enrolled members of Choctaw and Chickasaw Tribes. 121. Payment of share of tribal funds to helpless Indians. 122. Limitation on application of tribal funds. 123. Expenditure from tribal funds without specific appropriations. 123a. Tribal funds; use to purchase insurance for protection of tribal property. 123b. Tribal funds for traveling and other expenses. 123c. Advancement of tribal funds to Indian tribes; miscellaneous authorized purposes. 123d. Additional appropriations from tribal funds. 124. Expenditures from tribal funds of Five Civilized Tribes without specific appropriations. 125. Expenditure of moneys of tribes of Quapaw Agency. 126. Omitted. 127. Moneys or annuities of hostile Indians. 128. Appropriations not paid to Indians at war with United States. 129. Moneys due Indians holding captives other than Indians withheld. 130. Withholding of moneys or goods on account of intoxicating liquors. 131. Advances to disbursing officers. 132. Mode of distribution of goods. 133. Rolls of Indians entitled to supplies. 134. Appropriations for supplies available immediately; time for distribution. 135. Supplies distributed so as to prevent deficiencies. 136. Commutation of rations and other supplies; payment per capita. 137. Supplies distributed to able-bodied males on condition. 138. Goods withheld from chiefs violating treaty stipulations. 139. Appropriations for subsistence. 140. Diversion of appropriations for employees and supplies. 141 to 144. Omitted or Repealed. 145. Accounts between United States and tribes under reimbursable appropriations. 146. Report of Indians present and receiving food. 147. Appropriations for specified buildings; use for transportation of materials. 148. Appropriations for supplies; transfer to Indian Service supply fund; expenditure. SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS 151. Deposits in bank by disbursing agents. 152. Proceeds of sales of Indian lands. 153. Appropriation to carry out treaties. 154. Proceeds of sales of lands not subject to certain deductions. 155. Disposal of miscellaneous revenues from Indian reservations, etc. 155a. Transferred. 155b. Proceeds of labor accounts; deposits limited to funds held in trust for Indian tribes or individuals. 156. Deposit of funds from sales of lands and property of Five Civilized Tribes. 157. Investments of stock required by treaties. 158. Investment of proceeds of lands. 159. Moneys due incompetents or orphans. 160. Custody of stocks or bonds held in trust for tribes. 161. Deposit in Treasury of trust funds. 161a. Tribal funds in trust in Treasury Department; investment by Secretary of the Treasury; maturities; interest. 161b. 'Indian Money, Proceeds of Labor' fund; separate accounts for respective tribes; rate of interest. 161c. Surplus above requirements of fund; transfer to surplus fund of Treasury; retransfer. 161d. Disposition of accrued interest. 162. Repealed. 162a. Deposit of tribal funds in banks; bond or collateral security; investments; collections from irrigation projects. 163. Roll of membership of Indian tribes. 164. Restoration to tribal ownership of unclaimed per capita and other individual payments of tribal trust funds; deposit in general fund of the Treasury. 165. Notice to Congressional committees. ------DocID 32404 Document 260 of 401------ -CITE- 25 USC Sec. 640d-4 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XXII -HEAD- Sec. 640d-4. Authorized recommendations for facilitation of agreement or report to District Court; discretionary nature of recommendations -STATUTE- (a) For the purpose of facilitating an agreement pursuant to section 640d-2 of this title or preparing a report pursuant to section 640d-3 of this title, the Mediator is authorized - (1) notwithstanding the provisions of section 211 of this title, to recommend that, subject to the consent of the Secretary, there be purchased or otherwise acquired additional lands for the benefit of either tribe from the funds of either tribe or funds under any other authority of law; (2) to recommend that, subject to the consent of the Secretary, there be undertaken a program of restoration of lands lying within the joint use area, employing for such purpose funds authorized by this subchapter, funds of either tribe, or funds under any other authority of law; (3) to recommend that, subject to the consent of the Secretary, there be undertaken a program for relocation of members of one tribe from lands which may be partitioned to the other tribe in the joint use area; (4) Repealed. Pub. L. 93-531, Sec. 30(a), as added Pub. L. 96-305, Sec. 11, July 8, 1980, 94 Stat. 934. (5) to make any other recommendations as are in conformity with this subchapter and the Healing case to facilitate a settlement. (b) The authorizations contained in subsection (a) of this section shall be discretionary and shall not be construed to represent any directive of the Congress. -SOURCE- (Pub. L. 93-531, Sec. 5, Dec. 22, 1974, 88 Stat. 1714; Pub. L. 93-531, Sec. 30(a), as added Pub. L. 96-305, Sec. 11, July 8, 1980, 94 Stat. 934.) -MISC1- AMENDMENTS 1980 - Subsec. (a)(4). Pub. L. 96-305 struck out par. (4) which authorized the Mediator to recommend, in exceptional cases where necessary to prevent hardship, a limited tenure for residential use, not exceeding a life estate, and a phased relocation of members of one tribe from lands which may be partitioned to the other tribe in the joint use area. ------DocID 32913 Document 261 of 401------ -CITE- 25 USC Sec. 1300a-4 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXII -HEAD- Sec. 1300a-4. Rules and regulations -STATUTE- The Secretary is authorized to prescribe rules and regulations to carry out the provisions of this subchapter. -SOURCE- (Pub. L. 92-461, Sec. 6, Oct. 6, 1972, 86 Stat. 769.) ------DocID 32919 Document 262 of 401------ -CITE- 25 USC Sec. 1300b-4 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXIII -HEAD- Sec. 1300b-4. Tax exemption -STATUTE- None of the funds distributed per capita under the provisions of this subchapter shall be subject to Federal or State income taxes. -SOURCE- (Pub. L. 92-467, Sec. 5, Oct. 6, 1972, 86 Stat. 781.) ------DocID 32933 Document 263 of 401------ -CITE- 25 USC Sec. 1300c-4 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXIV -HEAD- Sec. 1300c-4. Tax exemption -STATUTE- None of the funds distributed per capita under the provisions of this subchapter shall be subject to Federal or State income taxes. -SOURCE- (Pub. L. 92-468, Sec. 5, Oct. 6, 1972, 86 Stat. 782.) ------DocID 32940 Document 264 of 401------ -CITE- 25 USC Sec. 1300d-4 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXV -HEAD- Sec. 1300d-4. Apportionment of funds -STATUTE- (a) Basis of apportionment After deducting the amount authorized in section 1300d of this title, the funds derived from the judgment awarded in Indian Claims Commission docket numbered 142 and the one-half remaining from the amount awarded in docket numbered 359, plus accrued interest, shall be apportioned on the basis of reservation residence and other residence shown on the 1909 McLaughlin annuity roll, as follows: --------------------------------------------------------------------- Tribe or group Percentage --------------------------------------------------------------------- Devils Lake Sioux of North Dakota 21.6892 Sisseton-Wahpeton Sioux of South 42.9730 Dakota Assiniboine and Sioux Tribe of 10.3153 the Fort Peck Reservation, Montana All other Sisseton and Wahpeton 25.0225 Sioux ------------------------------- (b) Deposit in United States Treasury; per capita shares; advances, deposits, expenditures, investments, or reinvestments for approved purposes; programing proposals The shares of the Devils Lake Sioux Tribe of North Dakota, the Sisseton and Wahpeton Sioux Tribe of South Dakota, and the Assiniboine and Sioux Tribe of the Fort Peck Indian Reservation, Montana, as apportioned in accordance with subsection (a) of this section, shall be placed on deposit in the United States Treasury to the credit of the respective groups. Seventy per centum of such funds shall be distributed per capita to their tribal members: Provided, That none of the funds may be paid per capita to any person whose name does not appear on the rolls prepared pursuant to section 1300d-3(a) of this title. The remainder of such funds may be advanced, deposited, expended, invested, or reinvested for any purpose designated by the respective tribal governing bodies and approved by the Secretary of the Interior: Provided, That, in the case of the Assiniboine and Sioux Tribe of the Fort Peck Reservation, Montana, the Fort Peck Sisseton-Wahpeton Sioux Council shall act as the governing body in determining the distribution of funds allotted for programing purposes: Provided further, That the Sisseton-Wahpeton Sioux Tribe of South Dakota shall act in concert with its membership residing in the Upper Sioux Community in Minnesota and its membership affiliated with the Urban Sisseton-Wahpeton Council of the Minneapolis-Saint Paul area in jointly submitting programing proposals to the Secretary. (c) Per capita distribution to enrollees The funds allocated to all other Sisseton and Wahpeton Sioux, as provided in subsection (a) of this section, shall be distributed per capita to the persons enrolled on the roll prepared by the Secretary pursuant to section 1300d-3(b) of this title. -SOURCE- (Pub. L. 92-555, title II, Sec. 202, Oct. 25, 1972, 86 Stat. 1169.) -REFTEXT- REFERENCES IN TEXT The Indian Claims Commission, referred to in subsec. (a), terminated Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title. ------DocID 32951 Document 265 of 401------ -CITE- 25 USC Sec. 1300e-4 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXVI -HEAD- Sec. 1300e-4. Expenditure of withheld funds for authorized purposes; community projects; additional per capita distributions -STATUTE- The $100,000 withheld from distribution under section 1300e-3 of this title, and interest thereon, may be used for any purpose authorized by the Assiniboine Treaty Committee of the Fort Belknap Assiniboine Tribe and approved by the Secretary of the Interior, including contributions to Reservation community projects and further per capita distribution. -SOURCE- (Pub. L. 92-557, Sec. 5, Oct. 25, 1972, 86 Stat. 1172.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1300e-3 of this title. ------DocID 32964 Document 266 of 401------ -CITE- 25 USC Sec. 1300g-4 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXVIII -HEAD- Sec. 1300g-4. Provisions relating to tribal reservation -STATUTE- (a) Federal reservation established The reservation is hereby declared to be a Federal Indian reservation for the use and benefit of the tribe without regard to whether legal title to such lands is held in trust by the Secretary. (b) Conveyance of land by State The Secretary shall - (1) accept any offer from the State to convey title to any land within the reservation held in trust on August 18, 1987, by the State or by the Texas Indian Commission for the benefit of the tribe to the Secretary, and (2) hold such title, upon conveyance by the State, in trust for the benefit of the tribe. (c) Conveyance of land by tribe At the written request of the Tribal Council, the Secretary shall - (1) accept conveyance by the tribe of title to any land within the reservation held by the tribe on August 18, 1987, to the Secretary, and (2) hold such title, upon such conveyance by the tribe, in trust for the benefit of the tribe. (d) Approval of deed by Attorney General Notwithstanding any other provision of law or regulation, the Attorney General of the United States shall approve any deed or other instrument which conveys title to land within El Paso or Hudspeth Counties, Texas, to the United States to be held in trust by the Secretary for the benefit of the tribe. (e) Permanent improvements authorized Notwithstanding any other provision of law or rule of law, the Secretary or the tribe may erect permanent improvements, improvements of substantial value, or any other improvement authorized by law on the reservation without regard to whether legal title to such lands has been conveyed to the Secretary by the State or the tribe. (f) Civil and criminal jurisdiction within reservation The State shall exercise civil and criminal jurisdiction within the boundaries of the reservation as if such State had assumed such jurisdiction with the consent of the tribe under sections 1321 and 1322 of this title. (g) Acquisition of land by tribe after August 18, 1987 (1) Notwithstanding any other provision of law, the Tribal Council may, on behalf of the tribe - (A) acquire land located within El Paso County, or Hudspeth County, Texas, after August 18, 1987, and take title to such land in fee simple, and (B) lease, sell, or otherwise dispose of such land in the same manner in which a private person may do so under the laws of the State. (2) At the written request of the Tribal Council, the Secretary may - (A) accept conveyance to the Secretary by the Tribal Council (on behalf of the tribe) of title to any land located within El Paso County, or Hudspeth County, Texas, that is acquired by the Tribal Council in fee simple after August 18, 1987, and (B) hold such title, upon such conveyance by the Tribal Council, in trust for the benefit of the tribe. -SOURCE- (Pub. L. 100-89, title I, Sec. 105, Aug. 18, 1987, 101 Stat. 667.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1300g, 1300g-6 of this title. ------DocID 32973 Document 267 of 401------ -CITE- 25 USC Sec. 1300h-4 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXIX -HEAD- Sec. 1300h-4. Organization of tribe; constitution and governing body -STATUTE- (a) Governing document Within one year following September 8, 1988, the Band's governing body shall propose a governing document, and the Secretary shall conduct, pursuant to section 476 of this title, and in accordance with applicable rules and regulations, an election as to the adoption of the proposed document. The Secretary shall approve the governing document if approved by a majority of the tribal voters unless the Secretary finds that the proposed constitution, or any provision thereof, is contrary to Federal law. (b) Interim governing document Until the Band adopts and the Secretary approves a governing document, the Band's interim governing document shall be the Lac Vieux Desert Constitution which bears the approval date of June 18, 1986, and a copy of which is in the files of the Division of Tribal Government Services, Bureau of Indian Affairs, Washington, District of Columbia. (c) Interim governing body Until the Band elects a new governing body pursuant to the new governing document, the Band's governing body shall consist of its current Band officers, elected at the Band's election held on November 5, 1986, or any new officers selected under election procedures of the interim governing document identified under subsection (b) of this section. -SOURCE- (Pub. L. 100-420, Sec. 6, Sept. 8, 1988, 102 Stat. 1578.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1300h-3 of this title. ------DocID 32983 Document 268 of 401------ -CITE- 25 USC Sec. 1300i-4 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXX -HEAD- Sec. 1300i-4. Hoopa-Yurok Settlement Roll -STATUTE- (a) Preparation; eligibility criteria (1) The Secretary shall prepare a roll of all persons who can meet the criteria for eligibility as an Indian of the Reservation and - (A) who were born on or prior to, and living upon, October 31, 1988; (B) who are citizens of the United States; and (C) who were not, on August 8, 1988, enrolled members of the Hoopa Valley Tribe. (2) The Secretary's determination of eligibility under this subsection shall be final except that any Short plaintiff determined by the United States Claims Court to be an Indian of the Reservation shall be included on the Settlement Roll if they meet the other requirements of this subsection and any Short plaintiff determined by the United States Claims Court not to be an Indian of the Reservation shall not be eligible for inclusion on such roll. Children under age 10 on the date they applied for the Settlement Roll who have lived all their lives on the Joint Reservation or the Hoopa Valley or Yurok Reservations, and who otherwise meet the requirements of this section except they lack 10 years of Reservation residence, shall be included on the Settlement Roll. (b) Right to apply; notice Within thirty days after October 31, 1988, the Secretary shall give such notice of the right to apply for enrollment as provided in subsection (a) of this section as he deems reasonable except that such notice shall include, but shall not be limited to - (1) actual notice by registered mail to every plaintiff in the Short cases at their last known address; (2) notice to the attorneys for such plaintiffs; and (3) publication in newspapers of general circulation in the vicinity of the Hoopa Valley Reservation and elsewhere in the State of California. Contemporaneous with providing the notice required by this subsection, the Secretary shall publish such notice in the Federal Register. (c) Application deadline The deadline for application pursuant to this section shall be established at one hundred and twenty days after the publication of the notice by the Secretary in the Federal Register as required by subsection (b) of this section. (d) Eligibility determination; final roll (1) The Secretary shall make determinations of eligibility of applicants under this section and publish in the Federal Register the final Settlement Roll of such persons one hundred and eighty days after the date established pursuant to subsection (c) of this section. (2) The Secretary shall develop such procedures and times as may be necessary for the consideration of appeals from applicants not included on the roll published pursuant to paragraph (1). Successful appellants shall be added to the Settlement Roll and shall be afforded the right to elect options as provided in section 1300i-5 of this title, with any payments to be made to such successful appellants out of the remainder of the Settlement Fund after payments have been made pursuant to section 1300i-5(d) of this title and prior to division pursuant to section 1300i-6 of this title. (3) Persons added to the Settlement Roll pursuant to appeals under this subsection shall not be considered in the calculations made pursuant to section 1300i-3 of this title. (4) For the sole purpose of preparing the Settlement Roll under this section, the Yurok Transition Team and the Hoopa Valley Business Council may review applications, make recommendations which the Secretary shall accept unless conflicting or erroneous, and may appeal the Secretary's decisions concerning the Settlement Roll. Full disclosure of relevant records shall be made to the Team and to the Council notwithstanding any other provision of law. (e) Effect of exclusion from roll No person whose name is not included on the Settlement Roll shall have any interest in the tribal, communal, or unallotted land, property, resources, or rights within, or appertaining to, the Hoopa Valley Tribe, the Hoopa Valley Reservation, the Yurok Tribe, or the Yurok Reservation or in the Settlement Fund unless such person is subsequently enrolled in the Hoopa Valley Tribe or the Yurok Tribe under the membership criteria and ordinances of such tribes. -SOURCE- (Pub. L. 100-580, Sec. 5, Oct. 31, 1988, 102 Stat. 2928; Pub. L. 101-301, Sec. 9(1), (2), May 24, 1990, 104 Stat. 210.) -MISC1- AMENDMENTS 1990 - Subsec. (a)(2). Pub. L. 101-301, Sec. 9(1), inserted at end 'Children under age 10 on the date they applied for the Settlement Roll who have lived all their lives on the Joint Reservation or the Hoopa Valley or Yurok Reservations, and who otherwise meet the requirements of this section except they lack 10 years of Reservation residence, shall be included on the Settlement Roll.' Subsec. (d)(4). Pub. L. 101-301, Sec. 9(2), added par. (4). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1300i, 1300i-5, 1300i-6 of this title. ------DocID 33523 Document 269 of 401------ -CITE- 26 USC Sec. 4 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART I -HEAD- (Sec. 4. Repealed. Pub. L. 94-455, title V, Sec. 501(b)(1), Oct. 4, 1976, 90 Stat. 1558) -MISC1- Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 10; Feb. 26, 1964, Pub. L. 88-272, title II, Sec. 232(f)(1), title III, Sec. 301(b)(1), (3), 78 Stat. 111, 140; Dec. 30, 1969, Pub. L. 91-172, title VIII, Sec. 802(c)(1)-(3), 83 Stat. 677, 678; Dec. 10, 1971, Pub. L. 92-178, title III, Sec. 301(b), 85 Stat. 520, related to rules for optional tax. EFFECTIVE DATE OF REPEAL Repeal applicable to taxable years beginning after Dec. 31, 1975, see section 508 of Pub. L. 94-455, set out as an Effective Date of 1976 Amendment note under section 3 of this title. ------DocID 34470 Document 270 of 401------ -CITE- 26 USC (CHAPTER 4 -EXPCITE- TITLE 26 Subtitle A (CHAPTER 4 -HEAD- (CHAPTER 4 - REPEALED) ------DocID 36087 Document 271 of 401------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Form 4 -EXPCITE- TITLE 26 APPENDIX TITLE XXVI -HEAD- Form 4. Designation of place of trial *** ILLUSTRATIONS OR TABLE DATA OMITTED *** -STATUTE- SAVE PAGE FOR ILLUSTRATION ------DocID 36125 Document 272 of 401------ -CITE- 27 USC CHAPTER 4 -EXPCITE- TITLE 27 CHAPTER 4 -HEAD- CHAPTER 4 - PENALTIES ------DocID 36167 Document 273 of 401------ -CITE- 28 USC Sec. 4 -EXPCITE- TITLE 28 PART I CHAPTER 1 -HEAD- Sec. 4. Precedence of associate justices -STATUTE- Associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 869.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 322 (Mar. 3, 1911, ch. 231, Sec. 216, 36 Stat. 1152). Minor changes in phraseology were made. ------DocID 36978 Document 274 of 401------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 4 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE II -HEAD- Rule 4. Appeal as of right - When taken -STATUTE- (a) Appeals in civil cases. - (1) In a civil case in which an appeal is permitted by law as of right from a district court to a court of appeals the notice of appeal required by Rule 3 shall be filed with the clerk of the district court within 30 days after the date of entry of the judgment or order appealed from; but if the United States or an officer or agency thereof is a party, the notice of appeal may be filed by any party within 60 days after such entry. If a notice of appeal is mistakenly filed in the court of appeals, the clerk of the court of appeals shall note thereon the date on which it was received and transmit it to the clerk of the district court and it shall be deemed filed in the district court on the date so noted. (2) Except as provided in (a)(4) of this Rule 4, a notice of appeal filed after the announcement of a decision or order but before the entry of the judgment or order shall be treated as filed after such entry and on the day thereof. (3) If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days after the date on which the first notice of appeal was filed, or within the time otherwise prescribed by this Rule 4(a), whichever period last expires. (4) If a timely motion under the Federal Rules of Civil Procedure is filed in the district court by any party: (i) for judgment under Rule 50(b); (ii) under Rule 52(b) to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (iii) under Rule 59 to alter or amend the judgment; or (iv) under Rule 59 for a new trial, the time for appeal for all parties shall run from the entry of the order denying a new trial or granting or denying any other such motion. A notice of appeal filed before the disposition of any of the above motions shall have no effect. A new notice of appeal must be filed within the prescribed time measured from the entry of the order disposing of the motion as provided above. No additional fees shall be required for such filing. (5) The district court, upon a showing of excusable neglect or good cause, may extend the time for filing a notice of appeal upon motion filed not later than 30 days after the expiration of the time prescribed by this Rule 4(a). Any such motion which is filed before expiration of the prescribed time may be ex parte unless the court otherwise requires. Notice of any such motion which is filed after expiration of the prescribed time shall be given to the other parties in accordance with local rules. No such extension shall exceed 30 days past such prescribed time or 10 days from the date of entry of the order granting the motion, whichever occurs later. (6) A judgment or order is entered within the meaning of this Rule 4(a) when it is entered in compliance with Rules 58 and 79(a) of the Federal Rules of Civil Procedure. (b) Appeals in criminal cases. - In a criminal case the notice of appeal by a defendant shall be filed in the district court within 10 days after the entry of (i) the judgment or order appealed from or (ii) a notice of appeal by the Government. A notice of appeal filed after the announcement of a decision, sentence or order but before entry of the judgment or order shall be treated as filed after such entry and on the day thereof. If a timely motion in arrest of judgment or for a new trial on any ground other than newly discovered evidence has been made, an appeal from a judgment of conviction may be taken within 10 days after the entry of an order denying the motion. A motion for a new trial based on the ground of newly discovered evidence will similarly extend the time for appeal from a judgment of conviction if the motion is made before or within 10 days after entry of the judgment. When an appeal by the government is authorized by statute, the notice of appeal shall be filed in the district court within 30 days after the entry of (i) the judgment or order appealed from or (ii) a notice of appeal by any defendant. A judgment or order is entered within the meaning of this subdivision when it is entered in the criminal docket. Upon a showing of excusable neglect the district court may, before or after the time has expired, with or without motion and notice, extend the time for filing a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this subdivision. -SOURCE- (As amended Apr. 30, 1979, eff. Aug. 1, 1979; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7111, 102 Stat. 4419.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES Subdivision (a). This subdivision is derived from FRCP 73(a) without any change of substance. The requirement that a request for an extension of time for filing the notice of appeal made after expiration of the time be made by motion and on notice codifies the result reached under the present provisions of FRCP 73(a) and 6(b). North Umberland Mining Co. v. Standard Accident Ins. Co., 193 F.2d 951 (9th Cir., 1952); Cohen v. Plateau Natural Gas Co., 303 F.2d 273 (10th Cir., 1962); Plant Economy, Inc. v. Mirror Insulation Co., 308 F.2d 275 (3d Cir., 1962). Since this subdivision governs appeals in all civil cases, it supersedes the provisions of section 25 of the Bankruptcy Act (11 U.S.C. Sec. 48). Except in cases to which the United States or an officer or agency thereof is a party, the change is a minor one, since a successful litigant in a bankruptcy proceeding may, under section 25, oblige an aggrieved party to appeal within 30 days after entry of judgment - the time fixed by this subdivision in cases involving private parties only - by serving him with notice of entry on the day thereof, and by the terms of section 25 an aggrieved party must in any event appeal within 40 days after entry of judgment. No reason appears why the time for appeal in bankruptcy should not be the same as that in civil cases generally. Furthermore, section 25 is a potential trap for the uninitiated. The time for appeal which it provides is not applicable to all appeals which may fairly be termed appeals in bankruptcy. Section 25 governs only those cases referred to in section 24 as 'proceedings in bankruptcy' and 'controversies arising in proceedings in bankruptcy.' Lowenstein v. Reikes, 54 F.2d 481 (2d Cir., 1931), cert. den., 285 U.S. 539, 52 S.Ct. 311, 76 L.Ed. 932 (1932). The distinction between such cases and other cases which arise out of bankruptcy is often difficult to determine. See 2 Moore's Collier on Bankruptcy 24.12 through 24.36 (1962). As a result it is not always clear whether an appeal is governed by section 25 or by FRCP 73(a), which is applicable to such appeals in bankruptcy as are not governed by section 25. In view of the unification of the civil and admiralty procedure accomplished by the amendments of the Federal Rules of Civil Procedure effective July 1, 1966, this subdivision governs appeals in those civil actions which involve admiralty or maritime claims and which prior to that date were known as suits in admiralty. The only other change possibly effected by this subdivision is in the time for appeal from a decision of a district court on a petition for impeachment of an award of a board of arbitration under the Act of May 20, 1926, c. 347, Sec. 9 (44 Stat. 585), 45 U.S.C. Sec. 159. The act provides that a notice of appeal from such a decision shall be filed within 10 days of the decision. This singular provision was apparently repealed by the enactment in 1948 of 28 U.S.C. Sec. 2107, which fixed 30 days from the date of entry of judgment as the time for appeal in all actions of a civil nature except actions in admiralty or bankruptcy matters or those in which the United States is a party. But it was not expressly repealed, and its status is in doubt. See 7 Moore's Federal Practice 73.09(2) (1966). The doubt should be resolved, and no reason appears why appeals in such cases should not be taken within the time provided for civil cases generally. Subdivision (b). This subdivision is derived from FRCrP 37(a)(2) without change of substance. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1979 AMENDMENT Subdivision (a)(1). The words '(including a civil action which involves an admiralty or maritime claim and a proceeding in bankruptcy or a controversy arising therein),' which appear in the present rule are struck out as unnecessary and perhaps misleading in suggesting that there may be other categories that are not either civil or criminal within the meaning of Rule 4(a) and (b). The phrases 'within 30 days of such entry' and 'within 60 days of such entry' have been changed to read 'after' instead of 'or.' The change is for clarity only, since the word 'of' in the present rule appears to be used to mean 'after.' Since the proposed amended rule deals directly with the premature filing of a notice of appeal, it was thought useful to emphasize the fact that except as provided, the period during which a notice of appeal may be filed is the 30 days, or 60 days as the case may be, following the entry of the judgment or order appealed from. See Notes to Rule 4(a)(2) and (4), below. Subdivision (a)(2). The proposed amendment to Rule 4(a)(2) would extend to civil cases the provisions of Rule 4(b), dealing with criminal cases, designed to avoid the loss of the right to appeal by filing the notice of appeal prematurely. Despite the absence of such a provision in Rule 4(a) the courts of appeals quite generally have held premature appeals effective. See, e. g., Matter of Grand Jury Empanelled Jan. 21, 1975, 541 F.2d 373 (3d Cir. 1976); Hodge v. Hodge, 507 F.2d 87 (3d Cir. 1976); Song Jook Suh v. Rosenberg, 437 F.2d 1098 (9th Cir. 1971); Ruby v. Secretary of the Navy, 365 F.2d 385 (9th Cir. 1966); Firchau v. Diamond Nat'l Corp., 345 F.2d 469 (9th Cir. 1965). The proposed amended rule would recognize this practice but make an exception in cases in which a post trial motion has destroyed the finality of the judgment. See Note to Rule 4(a)(4) below. Subdivision (a)(4). The proposed amendment would make it clear that after the filing of the specified post trial motions, a notice of appeal should await disposition of the motion. Since the proposed amendments to Rules 3, 10, and 12 contemplate that immediately upon the filing of the notice of appeal the fees will be paid and the case docketed in the court of appeals, and the steps toward its disposition set in motion, it would be undesirable to proceed with the appeal while the district court has before it a motion the granting of which would vacate or alter the judgment appealed from. See, e. g., Kieth v. Newcourt, 530 F.2d 826 (8th Cir. 1976). Under the present rule, since docketing may not take place until the record is transmitted, premature filing is much less likely to involve waste effort. See, e. g., Stokes v. Peyton's Inc., 508 F.2d 1287 (5th Cir. 1975). Further, since a notice of appeal filed before the disposition of a post trial motion, even if it were treated as valid for purposes of jurisdiction, would not embrace objections to the denial of the motion, it is obviously preferable to postpone the notice of appeal until after the motion is disposed of. The present rule, since it provides for the 'termination' of the 'running' of the appeal time, is ambiguous in its application to a notice of appeal filed prior to a post trial motion filed within the 10 day limit. The amendment would make it clear that in such circumstances the appellant should not proceed with the appeal during pendency of the motion but should file a new notice of appeal after the motion is disposed of. Subdivision (a)(5). Under the present rule it is provided that upon a showing of excusable neglect the district court at any time may extend the time for the filing of a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by the rule, but that if the application is made after the original time has run, the order may be made only on motion with such notice as the court deems appropriate. A literal reading of this provision would require that the extension be ordered and the notice of appeal filed within the 30 day period, but despite the surface clarity of the rule, it has produced considerable confusion. See the discussion by Judge Friendly in In re Orbitek, 520 F.2d 358 (2d Cir. 1975). The proposed amendment would make it clear that a motion to extend the time must be filed no later than 30 days after the expiration of the original appeal time, and that if the motion is timely filed the district court may act upon the motion at a later date, and may extend the time not in excess of 10 days measured from the date on which the order granting the motion is entered. Under the present rule there is a possible implication that prior to the time the initial appeal time has run, the district court may extend the time on the basis of an informal application. The amendment would require that the application must be made by motion, though the motion may be made ex parte. After the expiration of the initial time a motion for the extension of the time must be made in compliance with the F.R.C.P. and local rules of the district court. See Note to proposed amended Rule 1, supra. And see Rules 6(d), 7(b) of the F.R.C.P. The proposed amended rule expands to some extent the standard for the grant of an extension of time. The present rule requires a 'showing of excusable neglect.' While this was an appropriate standard in cases in which the motion is made after the time for filing the notice of appeal has run, and remains so, it has never fit exactly the situation in which the appellant seeks an extension before the expiration of the initial time. In such a case 'good cause,' which is the standard that is applied in the granting of other extensions of time under Rule 26(b) seems to be more appropriate. Subdivision (a)(6). The proposed amendment would call attention to the requirement of Rule 58 of the F.R.C.P. that the judgment constitute a separate document. See United States v. Indrelunas, 411 U.S. 216 (1973). When a notice of appeal is filed, the clerk should ascertain whether any judgment designated therein has been entered in compliance with Rules 58 and 79(a) and if not, so advise all parties and the district judge. While the requirement of Rule 48 is not jurisdictional (see Bankers Trust Co. v. Mallis, 431 U.S. 928 (1977)), compliance is important since the time for the filing of a notice of appeal by other parties is measured by the time at which the judgment is properly entered. 1988 AMENDMENT Subd. (b). Pub. L. 100-690 inserted '(i)' and 'or (ii) a notice of appeal by the Government' in first sentence, and '(i)' and 'or (ii) a notice of appeal by any defendant' in fifth sentence. -CROSS- CROSS REFERENCES Abatement, reviewing of rulings, see section 2105 of this title. Amount or value in controversy affecting right to review, see section 2108 of this title. Circuits in which decisions reviewable generally, see section 1294 of this title. Determination of appeal generally, see section 2106 of this title. Final decisions of district courts reviewable by courts of appeals, see section 1291 of this title. Rule-making power of courts generally, see section 2071 of this title. Time for appeal to court of appeals, see section 2107 of this title. ------DocID 37035 Document 275 of 401------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Form 4 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE APPENDIX OF FORMS -HEAD- Form 4. Affidavit to Accompany Motion for Leave to Appeal in Forma Pauperis -STATUTE- UNITED STATES DISTRICT COURT FOR THE XXXX DISTRICT OF XXXX United States of America v. No. XX A. B. AFFIDAVIT IN SUPPORT OF MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS I, XXXXXXXXXXXX being first duly sworn, depose and say that I am the XXXXX, in the above-entitled case; that in support of my motion to proceed on appeal without being required to prepay fees, costs or give security therefor, I state that because of my poverty I am unable to pay the costs of said proceeding or to give security therefor; that I believe I am entitled to redress; and that the issues which I desire to present on appeal are the following: I further swear that the responses which I have made to the questions and instructions below relating to my ability to pay the cost of prosecuting the appeal are true. 1. Are you presently employed? a. If the answer is yes, state the amount of your salary or wages per month and give the name and address of your employer. b. If the answer is no, state the date of your last employment and the amount of the salary and wages per month which you received. 2. Have you received within the past twelve months any income from a business, profession or other form of self-employment, or in the form of rent payments, interest, dividends, or other source? a. If the answer is yes, describe each source of income, and state the amount received from each during the past twelve months. 3. Do you own any cash or checking or savings account? a. If the answer is yes, state the total value of the items owned. 4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? a. If the answer is yes, describe the property and state its approximate value. 5. List the persons who are dependent upon you for support and state your relationship to those persons. I understand that a false statement or answer to any questions in this affidavit will subject me to penalties for perjury. XXXXXXXXXXXX SUBSCRIBED AND SWORN TO before me this XXXX day of XXXXXX, 19X. Let the applicant proceed without prepayment of costs or fees or the necessity of giving security therefor. XXXXXXXXXXXX, District Judge. ------DocID 37043 Document 276 of 401------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 4 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE II -HEAD- Rule 4. Process -STATUTE- (a) Summons: Issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver the summons to the plaintiff or the plaintiff's attorney, who shall be responsible for prompt service of the summons and a copy of the complaint. Upon request of the plaintiff separate or additional summons shall issue against any defendants. (b) Same: Form. The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that in case of the defendant's failure to do so judgment by default will be rendered against the defendant for the relief demanded in the complaint. When, under Rule 4(e), service is made pursuant to a statute or rule of court of a state, the summons, or notice, or order in lieu of summons shall correspond as nearly as may be to that required by the statute or rule. (c) Service. (1) Process, other than a subpoena or a summons and complaint, shall be served by a United States marshal or deputy United States marshal, or by a person specially appointed for that purpose. (2)(A) A summons and complaint shall, except as provided in subparagraphs (B) and (C) of this paragraph, be served by any person who is not a party and is not less than 18 years of age. (B) A summons and complaint shall, at the request of the party seeking service or such party's attorney, be served by a United States marshal or deputy United States marshal, or by a person specially appointed by the court for that purpose, only - (i) on behalf of a party authorized to proceed in forma pauperis pursuant to Title 28, U.S.C. Sec. 1915, or of a seaman authorized to proceed under Title 28, U.S.C. Sec. 1916, (ii) on behalf of the United States or an officer or agency of the United States, or (iii) pursuant to an order issued by the court stating that a United States marshal or deputy United States marshal, or a person specially appointed for that purpose, is required to serve the summons and complaint in order that service be properly effected in that particular action. (C) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (3) of subdivision (d) of this rule - (i) pursuant to the law of the State in which the district court is held for the service of summons or other like process upon such defendant in an action brought in the courts of general jurisdiction of that State, or (ii) by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to form 18-A and a return envelope, postage prepaid, addressed to the sender. If no acknowledgment of service under this subdivision of this rule is received by the sender within 20 days after the date of mailing, service of such summons and complaint shall be made under subparagraph (A) or (B) of this paragraph in the manner prescribed by subdivision (d)(1) or (d)(3). (D) Unless good cause is shown for not doing so the court shall order the payment of the costs of personal service by the person served if such person does not complete and return within 20 days after mailing, the notice and acknowledgment of receipt of summons. (E) The notice and acknowledgment of receipt of summons and complaint shall be executed under oath or affirmation. (3) The court shall freely make special appointments to serve summonses and complaints under paragraph (2)(B) of this subdivision of this rule and all other process under paragraph (1) of this subdivision of this rule. (d) Summons and Complaint: Person To Be Served. The summons and complaint shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made as follows: (1) Upon an individual other than an infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process. (2) Upon an infant or an incompetent person, by serving the summons and complaint in the manner prescribed by the law of the state in which the service is made for the service of summons or other like process upon any such defendant in an action brought in the courts of general jurisdiction of that state. (3) Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant. (4) Upon the United States, by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court and by sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia, and in any action attacking the validity of an order of an officer or agency of the United States not made a party, by also sending a copy of the summons and of the complaint by registered or certified mail to such officer or agency. (5) Upon an officer or agency of the United States, by serving the United States and by sending a copy of the summons and of the complaint by registered or certified mail to such officer or agency. If the agency is a corporation the copy shall be delivered as provided in paragraph (3) of this subdivision of this rule. (6) Upon a state or municipal corporation or other governmental organization thereof subject to suit, by delivering a copy of the summons and of the complaint to the chief executive officer thereof or by serving the summons and complaint in the manner prescribed by the law of that state for the service of summons or other like process upon any such defendant. (e) Summons: Service Upon Party Not Inhabitant of or Found Within State. Whenever a statute of the United States or an order of court thereunder provides for service of a summons, or of a notice, or of an order in lieu of summons upon a party not an inhabitant of or found within the state in which the district court is held, service may be made under the circumstances and in the manner prescribed by the statute or order, or, if there is no provision therein prescribing the manner of service, in a manner stated in this rule. Whenever a statute or rule of court of the state in which the district court is held provides (1) for service of a summons, or of a notice, or of an order in lieu of summons upon a party not an inhabitant of or found within the state, or (2) for service upon or notice to such a party to appear and respond or defend in an action by reason of the attachment or garnishment or similar seizure of the party's property located within the state, service may in either case be made under the circumstances and in the manner prescribed in the statute or rule. (f) Territorial Limits of Effective Service. All process other than a subpoena may be served anywhere within the territorial limits of the state in which the district court is held, and, when authorized by a statute of the United States or by these rules, beyond the territorial limits of that state. In addition, persons who are brought in as parties pursuant to Rule 14, or as additional parties to a pending action or a counterclaim or cross-claim therein pursuant to Rule 19, may be served in the manner stated in paragraphs (1)-(6) of subdivision (d) of this rule at all places outside the state but within the United States that are not more than 100 miles from the place in which the action is commenced, or to which it is assigned or transferred for trial; and persons required to respond to an order of commitment for civil contempt may be served at the same places. A subpoena may be served within the territorial limits provided in Rule 45. (g) Return. The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. If service is made by a person other than a United States marshal or deputy United States marshal, such person shall make affidavit thereof. If service is made under subdivision (c)(2)(C)(ii) of this rule, return shall be made by the sender's filing with the court the acknowledgment received pursuant to such subdivision. Failure to make proof of service does not affect the validity of the service. (h) Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued. (i) Alternative Provisions for Service in a Foreign Country. (1) Manner. When the federal or state law referred to in subdivision (e) of this rule authorizes service upon a party not an inhabitant of or found within the state in which the district court is held, and service is to be effected upon the party in a foreign country, it is also sufficient if service of the summons and complaint is made: (A) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or (B) as directed by the foreign authority in response to a letter rogatory, when service in either case is reasonably calculated to give actual notice; or (C) upon an individual, by delivery to the individual personally, and upon a corporation or partnership or association, by delivery to an officer, a managing or general agent; or (D) by any form of mail, requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or (E) as directed by order of the court. Service under (C) or (E) above may be made by any person who is not a party and is not less than 18 years of age or who is designated by order of the district court or by the foreign court. On request, the clerk shall deliver the summons to the plaintiff for transmission to the person or the foreign court or officer who will make the service. (2) Return. Proof of service may be made as prescribed by subdivision (g) of this rule, or by the law of the foreign country, or by order of the court. When service is made pursuant to subparagraph (1)(D) of this subdivision, proof of service shall include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to the court. (j) Summons: Time Limit for Service. If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion. This subdivision shall not apply to service in a foreign country pursuant to subdivision (i) of this rule. -SOURCE- (As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Apr. 29, 1980, eff. Aug. 1, 1980; Jan. 12, 1983, Pub. L. 97-462, Sec. 2, 96 Stat. 2527; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). With the provision permitting additional summons upon request of the plaintiff compare (former) Equity Rule 14 (Alias Subpoena) and the last sentence of (former) Equity Rule 12 (Issue of Subpoena - Time for Answer). Note to Subdivision (b). This rule prescribes a form of summons which follows substantially the requirements stated in (former) Equity Rules 12 (Issue of Subpoena - Time for Answer) and 7 (Process, Mesne and Final). U.S.C., Title 28, Sec. 721 (now 1691) (Sealing and testing of writs) is substantially continued insofar as it applies to a summons, but its requirements as to teste of process are superseded. U.S.C., Title 28, (former) Sec. 722 (Teste of process, day of), is superseded. See Rule 12(a) for a statement of the time within which the defendant is required to appear and defend. Note to Subdivision (c). This rule does not affect U.S.C., Title 28, Sec. 503 (see 566), as amended June 15, 1935 (Marshals; duties) and such statutes as the following insofar as they provide for service of process by a marshal, but modifies them insofar as they may imply service by a marshal only: U.S.C., Title 15: Sec. 5 (Bringing in additional parties) (Sherman Act) Sec. 10 (Bringing in additional parties) Sec. 25 (Restraining violations; procedure) U.S.C., Title 28: Sec. 45 (former) (Practice and procedure in certain cases under the interstate commerce laws) Compare (former) Equity Rule 15 (Process, by Whom Served). Note to Subdivision (d). Under this rule the complaint must always be served with the summons. Paragraph (1). For an example of a statute providing for service upon an agent of an individual see U.S.C., Title 28, Sec. 109 (now 1400, 1694) (Patent cases). Paragraph (3). This enumerates the officers and agents of a corporation or of a partnership or other unincorporated association upon whom service of process may be made, and permits service of process only upon the officers, managing or general agents, or agents authorized by appointment or by law, of the corporation, partnership or unincorporated association against which the action is brought. See Christian v. International Ass'n of Machinists, 7 F.(2d) 481 (D.C.Ky., 1925) and Singleton v. Order of Railway Conductors of America, 9 F.Supp. 417 (D.C.Ill., 1935). Compare Operative Plasterers' and Cement Finishers' International Ass'n of the United States and Canada v. Case, 93 F.(2d) 56 (App.D.C., 1937). For a statute authorizing service upon a specified agent and requiring mailing to the defendant, see U.S.C., Title 6, Sec. 7 (now Title 31, Sec. 9306) (Surety companies as sureties; appointment of agents; service of process). Paragraphs (4) and (5) provide a uniform and comprehensive method of service for all actions against the United States or an officer or agency thereof. For statutes providing for such service, see U.S.C., Title 7, Sec. 217 (Proceedings for suspension of orders), 499k (Injunctions; application of injunction laws governing orders of Interstate Commerce Commission), 608c(15)(B) (Court review of ruling of Secretary of Agriculture), and 855 (making Sec. 608c(15)(B) applicable to orders of the Secretary of Agriculture as to handlers of anti-hog-cholera serum and hog-cholera virus); U.S.C., Title 26, (former) Sec. 1569 (Bill in chancery to clear title to realty on which the United States has a lien for taxes); U.S.C., Title 28, (former) Sec. 45 (District Courts; practice and procedure in certain cases under the interstate commerce laws), (former) 763 (Petition in suit against the United States; service; appearance by district attorney), 766 (now 2409) (Partition suits where United States is tenant in common or joint tenant), 902 (now 2410) (Foreclosure of mortgages or other liens on property in which the United States has an interest). These and similar statutes are modified insofar as they prescribe a different method of service or dispense with the service of a summons. For the (former) Equity Rule on service, see (former) Equity Rule 13 (Manner of Serving Subpoena). Note to Subdivision (e). The provisions for the service of a summons or of notice or of an order in lieu of summons contained in U.S.C., Title 8, Sec. 405 (see 1451) (Cancellation of certificates of citizenship fraudulently or illegally procured) (service by publication in accordance with State law); U.S.C., Title 28, Sec. 118 (now 1655) (Absent defendants in suits to enforce liens); U.S.C., Title 35, Sec. 72a (now 146, 291) (Jurisdiction of District Court of United States for the District of Columbia in certain equity suits where adverse parties reside elsewhere) (service by publication against parties residing in foreign countries); U.S.C., Title 38, Sec. 445 (now 784) (Action against the United States on a veteran's contract of insurance) (parties not inhabitants of or not found within the District may be served with an order of the court, personally or by publication) and similar statutes are continued by this rule. Title 24, Sec. 378 (now Title 13, Sec. 336) of the Code of the District of Columbia (Publication against nonresident; those absent for six months; unknown heirs or devisees; for divorce or in rem; actual service beyond District) is continued by this rule. Note to Subdivision (f). This rule enlarges to some extent the present rule as to where service may be made. It does not, however, enlarge the jurisdiction of the district courts. U.S.C., Title 28, Sec. 113 (now 1392) (Suits in States containing more than one district) (where there are two or more defendants residing in different districts), (former) 115 (Suits of a local nature), 116 (now 1392) (Property in different districts in same State), (former) 838 (Executions run in all districts of State); U.S.C., Title 47, Sec. 13 (Action for damages against a railroad or telegraph company whose officer or agent in control of a telegraph line refuses or fails to operate such line in a certain manner - 'upon any agent of the company found in such state'); U.S.C., Title 49, Sec. 321(c) (now 10330(b)) (Requiring designation of a process agent by interstate motor carriers and in case of failure so to do, service may be made upon any agent in the State) and similar statutes, allowing the running of process throughout a State, are substantially continued. U.S.C., Title 15, Sec. 5 (Bringing in additional parties) (Sherman Act), 25 (Restraining violations; procedure); U.S.C., Title 28, Sec. 44 (now 2321) (Procedure in certain cases under interstate commerce laws; service of processes of court), 117 (now 754, 1692) (Property in different States in same circuit; jurisdiction of receiver), 839 (now 2413) (Executions; run in every State and Territory) and similar statutes, providing for the running of process beyond the territorial limits of a State, are expressly continued. Note to Subdivision (g). With the second sentence compare (former) Equity Rule 15 (Process, by Whom Served). Note to Subdivision (h). This rule substantially continues U.S.C., Title 28, (former) Sec. 767 (Amendment of process). NOTES OF ADVISORY COMMITTEE ON RULES - 1963 AMENDMENT Subdivision (b). Under amended subdivision (e) of this rule, an action may be commenced against a nonresident of the State in which the district court is held by complying with State procedures. Frequently the form of the summons or notice required in these cases by State law differs from the Federal form of summons described in present subdivision (b) and exemplified in Form 1. To avoid confusion, the amendment of subdivision (b) states that a form of summons or notice, corresponding 'as nearly as may be' to the State form, shall be employed. See also a corresponding amendment of Rule 12(a) with regard to the time to answer. Subdivision (d)(4). This paragraph, governing service upon the United States, is amended to allow the use of certified mail as an alternative to registered mail for sending copies of the papers to the Attorney General or to a United States officer or agency. Cf. N.J. Rule 4:5-2. See also the amendment of Rule 30(f)(1). Subdivision (d)(7). Formerly a question was raised whether this paragraph, in the context of the rule as a whole, authorized service in original Federal actions pursuant to State statutes permitting service on a State official as a means of bringing a nonresident motorist defendant into court. It was argued in McCoy v. Siler, 205 F.2d 498, 501-2 (3d Cir.) (concurring opinion), cert. denied, 346 U.S. 872, 74 S.Ct. 120, 98 L.Ed. 380 (1953), that the effective service in those cases occurred not when the State official was served but when notice was given to the defendant outside the State, and that subdivision (f) (Territorial limits of effective service), as then worded, did not authorize out-of-State service. This contention found little support. A considerable number of cases held the service to be good, either by fixing upon the service on the official within the State as the effective service, thus satisfying the wording of subdivision (f) as it then stood, see Holbrook v. Cafiero, 18 F.R.D. 218 (D.Md. 1955); Pasternack v. Dalo, 17 F.R.D. 420; (W.D.Pa. 1955); cf. Super Prods. Corp. v. Parkin, 20 F.R.D. 377 (S.D.N.Y. 1957), or by reading paragraph (7) as not limited by subdivision (f). See Griffin v. Ensign, 234 F.2d 307 (3d Cir. 1956); 2 Moore's Federal Practice, 4.19 (2d ed. 1948); 1 Barron & Holtzoff, Federal Practice & Procedure Sec. 182.1 (Wright ed. 1960); Comment, 27 U. of Chi.L.Rev. 751 (1960). See also Olberding v. Illinois Central R.R., 201 F.2d 582 (6th Cir.), rev'd on other grounds, 346 U.S. 338, 74 S.Ct. 83, 98 L.Ed. 39 (1953); Feinsinger v. Bard, 195 F.2d 45 (7th Cir. 1952). An important and growing class of State statutes base personal jurisdiction over nonresidents on the doing of acts or on other contacts within the State, and permit notice to be given the defendant outside the State without any requirement of service on a local State official. See, e.g., Ill.Ann.Stat. ch. 110, Sec. 16, 17 (Smith-Hurd 1956); Wis.Stat. Sec. 262.06 (1959). This service, employed in original Federal actions pursuant to paragraph (7), has also been held proper. See Farr & Co. v. Cia. Intercontinental de Nav. de Cuba, 243 F.2d 342 (2d Cir. 1957); Kappus v. Western Hills Oil, Inc., 24 F.R.D. 123 (E.D.Wis. 1959); Star v. Rogalny, 162 F.Supp. 181 (E.D.Ill. 1957). It has also been held that the clause of paragraph (7) which permits service 'in the manner prescribed by the law of the state,' etc., is not limited by subdivision (c) requiring that service of all process be made by certain designated persons. See Farr & Co. v. Cia. Intercontinental de Nav. de Cuba, supra. But cf. Sappia v. Lauro Lines, 130 F.Supp. 810 (S.D.N.Y. 1955). The salutary results of these cases are intended to be preserved. See paragraph (7), with a clarified reference to State law, and amended subdivisions (e) and (f). Subdivision (e). For the general relation between subdivisions (d) and (e), see 2 Moore, supra, 4.32. The amendment of the first sentence inserting the word 'thereunder' supports the original intention that the 'order of court' must be authorized by a specific United States statute. See 1 Barron & Holtzoff, supra, at 731. The clause added at the end of the first sentence expressly adopts the view taken by commentators that, if no manner of service is prescribed in the statute or order, the service may be made in a manner stated in Rule 4. See 2 Moore, supra, 4.32, at 1004; Smit, International Aspects of Federal Civil Procedure, 61 Colum.L.Rev. 1031, 1036-39 (1961). But see Commentary, 5 Fed. Rules Serv. 791 (1942). Examples of the statutes to which the first sentence relates are 28 U.S.C. Sec. 2361 (Interpleader; process and procedure); 28 U.S.C. Sec. 1655 (Lien enforcement; absent defendants). The second sentence, added by amendment, expressly allows resort in original Federal actions to the procedures provided by State law for effecting service on nonresident parties (as well as on domiciliaries not found within the State). See, as illustrative, the discussion under amended subdivision (d)(7) of service pursuant to State nonresident motorist statutes and other comparable State statutes. Of particular interest is the change brought about by the reference in this sentence to State procedures for commencing actions against nonresidents by attachment and the like, accompanied by notice. Although an action commenced in a State court by attachment may be removed to the Federal court if ordinary conditions for removal are satisfied, see 28 U.S.C. Sec. 1450; Rorick v. Devon Syndicate, Ltd., 307 U.S. 299, 59 S.Ct. 877, 83 L.Ed. 1303 (1939); Clark v. Wells, 203 U.S. 164, 27 S.Ct. 43, 51 L.Ed. 138 (1906), there has heretofore been no provision recognized by the courts for commencing an original Federal civil action by attachment. See Currie, Attachment and Garnishment in the Federal Courts, 59 Mich.L.Rev. 337 (1961), arguing that this result came about through historical anomaly. Rule 64, which refers to attachment, garnishment, and similar procedures under State law, furnishes only provisional remedies in actions otherwise validly commenced. See Big Vein Coal Co. v. Read, 229 U.S. 31, 33 S.Ct. 694, 57 L.Ed. 1953 (1913); Davis v. Ensign-Bickford Co., 139 F.2d 624 (8th Cir. 1944); 7 Moore's Federal Practice 64.05 (2d ed. 1954); 3 Barron & Holtzoff, Federal Practice & Procedure Sec. 1423 (Wright ed. 1958); but cf. Note, 13 So.Calif.L.Rev. 361 (1940). The amendment will now permit the institution of original Federal actions against nonresidents through the use of familiar State procedures by which property of these defendants is brought within the custody of the court and some appropriate service is made up them. The necessity of satisfying subject-matter jurisdictional requirements and requirements of venue will limit the practical utilization of these methods of effecting service. Within those limits, however, there appears to be no reason for denying plaintiffs means of commencing actions in Federal courts which are generally available in the State courts. See 1 Barron & Holtzoff, supra, at 374-80; Nordbye, Comments on Proposed Amendments to Rules of Civil Procedure for the United States District Courts, 18 F.R.D. 105, 106 (1956); Note, 34 Corn.L.Q. 103 (1948); Note, 13 So.Calif.L.Rev. 361 (1940). If the circumstances of a particular case satisfy the applicable Federal law (first sentence of Rule 4(e), as amended) and the applicable State law (second sentence), the party seeking to make the service may proceed under the Federal or the State law, at his option. See also amended Rule 13(a), and the Advisory Committee's Note thereto. Subdivision (f). The first sentence is amended to assure the effectiveness of service outside the territorial limits of the State in all the cases in which any of the rules authorize service beyond those boundaries. Besides the preceding provisions of Rule 4, see Rule 71A(d)(3). In addition, the new second sentence of the subdivision permits effective service within a limited area outside the State in certain special situations, namely, to bring in additional parties to a counterclaim or cross-claim (Rule 13(h)), impleaded parties (Rule 14), and indispensable or conditionally necessary parties to a pending action (Rule 19); and to secure compliance with an order of commitment for civil contempt. In those situations effective service can be made at points not more than 100 miles distant from the courthouse in which the action is commenced, or to which it is assigned or transferred for trial. The bringing in of parties under the 100-mile provision in the limited situations enumerated is designed to promote the objective of enabling the court to determine entire controversies. In the light of present-day facilities for communication and travel, the territorial range of the service allowed, analogous to that which applies to the service of a subpoena under Rule 45(e)(1), can hardly work hardship on the parties summoned. The provision will be especially useful in metropolitan areas spanning more than one State. Any requirements of subject-matter jurisdiction and venue will still have to be satisfied as to the parties brought in, although these requirements will be eased in some instances when the parties can be regarded as 'ancillary.' See Pennsylvania R.R. v. Erie Avenue Warehouse Co., 5 F.R.Serv.2d 14a.62, Case 2 (3d Cir. 1962); Dery v. Wyer, 265 F.2d 804 (2d Cir. 1959); United Artists Corp. v. Masterpiece Productions, Inc., 221 F.2d 213 (2d Cir. 1955); Lesnik v. Public Industrials Corp., 144 F.2d 968 (2d Cir. 1944); Vaughn v. Terminal Transp. Co., 162 F.Supp. 647 (E.D.Tenn. 1957); and compare the fifth paragraph of the Advisory Committee's Note to Rule 4(e), as amended. The amendment is but a moderate extension of the territorial reach of Federal process and has ample practical justification. See 2 Moore, supra. Sec. 4.01(13) (Supp. 1960); 1 Barron & Holtzoff, supra, Sec. 184; Note, 51 Nw.U.L.Rev. 354 (1956). But cf. Nordbye, Comments on Proposed Amendments to Rules of Civil Procedure for the United States District Courts, 18 F.R.D. 105, 106 (1956). As to the need for enlarging the territorial area in which orders of commitment for civil contempt may be served, see Graber v. Graber, 93 F.Supp. 281 (D.D.C. 1950); Teele Soap Mfg. Co. v. Pine Tree Products Co., Inc., 8 F.Supp. 546 (D.N.H. 1934); Mitchell v. Dexter, 244 Fed. 926 (1st Cir. 1917); in re Graves, 29 Fed. 60 (N.D. Iowa 1886). As to the Court's power to amend subdivisions (e) and (f) as here set forth, see Mississippi Pub. Corp. v. Murphree, 326 U.S. 438, 66 S.Ct. 242, 90 L.Ed. 185 (1946). Subdivision (i). The continual increase of civil litigation having international elements makes it advisable to consolidate, amplify, and clarify the provisions governing service upon parties in foreign countries. See generally Jones, International Judicial Assistance: Procedural Chaos and a Program for Reform, 62 Yale L.J. 515 (1953); Longley, Serving Process, Subpoenas and Other Documents in Foreign Territory, Proc. A.B.A., Sec. Int'l & Comp. L. 34 (1959); Smit, International Aspects of Federal Civil Procedure, 61 Colum.L.Rev. 1031 (1961). As indicated in the opening lines of new subdivision (i), referring to the provisions of subdivision (e), the authority for effecting foreign service must be found in a statute of the United States or a statute or rule of court of the State in which the district court is held providing in terms or upon proper interpretation for service abroad upon persons not inhabitants of or found within the State. See the Advisory Committee's Note to amended Rule 4(d)(7) and Rule 4(e). For examples of Federal and State statutes expressly authorizing such service, see 8 U.S.C. Sec. 1451(b); 35 U.S.C. Sec. 146, 293; Me.Rev.Stat., ch. 22, Sec. 70 (Supp. 1961); Minn.Stat.Ann. Sec. 303.13 (1947); N.Y.Veh. & Tfc.Law Sec. 253. Several decisions have construed statutes to permit service in foreign countries, although the matter is not expressly mentioned in the statutes. See, e.g., Chapman v. Superior Court, 162 Cal.App.2d 421, 328 P.2d 23 (Dist.Ct.App. 1958); Sperry v. Fliegers, 194 Misc. 438, 86 N.Y.S.2d 830 (Sup.Ct. 1949); Ewing v. Thompson, 233 N.C. 564, 65 S.E.2d 17 (1951); Rushing v. Bush, 260 S.W.2d 900 (Tex.Ct.Civ.App. 1953). Federal and State statutes authorizing service on nonresidents in such terms as to warrant the interpretation that service abroad is permissible include 15 U.S.C. Sec. 77v(a), 78aa, 79y; 28 U.S.C. Sec. 1655; 38 U.S.C. Sec. 784(a); Ill.Ann.Stat. ch. 110, Sec. 16, 17 (Smith-Hurd 1956); Wis.Stat. Sec. 262.06 (1959). Under subdivisions (e) and (i), when authority to make foreign service is found in a Federal statute or statute or rule of court of a State, it is always sufficient to carry out the service in the manner indicated therein. Subdivision (i) introduces considerable further flexibility by permitting the foreign service and return thereof to be carried out in any of a number of other alternative ways that are also declared to be sufficient. Other aspects of foreign service continue to be governed by the other provisions of Rule 4. Thus, for example, subdivision (i) effects no change in the form of the summons, or the issuance of separate or additional summons, or the amendment of service. Service of process beyond the territorial limits of the United States may involve difficulties not encountered in the case of domestic service. Service abroad may be considered by a foreign country to require the performance of judicial, and therefore 'sovereign,' acts within its territory, which that country may conceive to be offensive to its policy or contrary to its law. See Jones, supra, at 537. For example, a person not qualified to serve process according to the law of the foreign country may find himself subject to sanctions if he attempts service therein. See Inter-American Judicial Committee, Report on Uniformity of Legislation on International Cooperation in Judicial Procedures 20 (1952). The enforcement of a judgment in the foreign country in which the service was made may be embarrassed or prevented if the service did not comport with the law of that country. See ibid. One of the purposes of subdivision (i) is to allow accommodation to the policies and procedures of the foreign country. It is emphasized, however, that the attitudes of foreign countries vary considerably and that the question of recognition of United States judgments abroad is complex. Accordingly, if enforcement is to be sought in the country of service, the foreign law should be examined before a choice is made among the methods of service allowed by subdivision (i). Subdivision (i)(1). Subparagraph (a) of paragraph (1), permitting service by the method prescribed by the law of the foreign country for service on a person in that country in a civil action in any of its courts of general jurisdiction, provides an alternative that is likely to create least objection in the place of service and also is likely to enhance the possibilities of securing ultimate enforcement of the judgment abroad. See Report on Uniformity of Legislation on International Cooperation in Judicial Procedures, supra. In certain foreign countries service in aid of litigation pending in other countries can lawfully be accomplished only upon request to the foreign court, which in turn directs the service to be made. In many countries this has long been a customary way of accomplishing the service. See In re Letters Rogatory out of First Civil Court of City of Mexico, 261 Fed. 652 (S.D.N.Y. 1919); Jones, supra, at 543; Comment, 44 Colum.L.Rev. 72 (1944); Note, 58 Yale L.J. 1193 (1949). Subparagraph (B) of paragraph (1), referring to a letter rogatory, validates this method. A proviso, applicable to this subparagraph and the preceding one, requires, as a safeguard, that the service made shall be reasonably calculated to give actual notice of the proceedings to the party. See Milliken v. Meyer, 311 U.S. 457, 61 S.Ct. 339, 85 L.Ed. 278 (1940). Subparagraph (C) of paragraph (1), permitting foreign service by personal delivery on individuals and corporations, partnerships, and associations, provides for a manner of service that is not only traditionally preferred, but also is most likely to lead to actual notice. Explicit provision for this manner of service was thought desirable because a number of Federal and State statutes permitting foreign service do not specifically provide for service by personal delivery abroad, see e.g., 35 U.S.C. Sec. 146, 293; 46 U.S.C. Sec. 1292; Calif.Ins.Code Sec. 1612; N.Y.Veh. & Tfc.Law Sec. 253, and it also may be unavailable under the law of the country in which the service is made. Subparagraph (D) of paragraph (1), permitting service by certain types of mail, affords a manner of service that is inexpensive and expeditious, and requires a minimum of activity within the foreign country. Several statutes specifically provide for service in a foreign country by mail, e.g., Hawaii Rev.Laws Sec. 230-31, 230-32 (1955); Minn.Stat.Ann. Sec. 303.13 (1947); N.Y.Civ.Prac.Act, Sec. 229-b; N.Y.Veh. & Tfc.Law Sec. 253, and it has been sanctioned by the courts even in the absence of statutory provision specifying that form of service. Zurini v. United States, 189 F.2d 722 (8th Cir. 1951); United States v. Cardillo, 135 F.Supp. 798 (W.D.Pa. 1955); Autogiro Co. v. Kay Gyroplanes, Ltd., 55 F.Supp. 919 (D.D.C. 1944). Since the reliability of postal service may vary from country to country, service by mail is proper only when it is addressed to the party to be served and a form of mail requiring a signed receipt is used. An additional safeguard is provided by the requirement that the mailing be attended to be the clerk of the court. See also the provisions of paragraph (2) of this subdivision (i) regarding proof of service by mail. Under the applicable law it may be necessary, when the defendant is an infant or incompetent person, to deliver the summons and complaint to a guardian, committee, or similar fiduciary. In such a case it would be advisable to make service under subparagraph (A), (B), or (E). Subparagraph (E) of paragraph (1) adds flexibility by permitting the court by order to tailor the manner of service to fit the necessities of a particular case or the peculiar requirements of the law of the country in which the service is to be made. A similar provision appears in a number of statutes, e.g., 35 U.S.C. Sec. 146, 293; 38 U.S.C. Sec. 784(a); 46 U.S.C. Sec. 1292. The next-to-last sentence of paragraph (1) permits service under (C) and (E) to be made by any person who is not a party and is not less than 18 years of age or who is designated by court order or by the foreign court. Cf. Rule 45(c); N.Y.Civ.Prac.Act Sec. 233, 235. This alternative increases the possibility that the plaintiff will be able to find a process server who can proceed unimpeded in the foreign country; it also may improve the chances of enforcing the judgment in the country of service. Especially is the alternative valuable when authority for the foreign service is found in a statute or rule of court that limits the group of eligible process servers to designated officials or special appointees who, because directly connected with another 'sovereign,' may be particularly offensive to the foreign country. See generally Smit, supra, at 1040-41. When recourse is had to subparagraph (A) or (B) the identity of the process server always will be determined by the law of the foreign country in which the service is made. The last sentence of paragraph (1) sets forth an alternative manner for the issuance and transmission of the summons for service. After obtaining the summons from the clerk, the plaintiff must ascertain the best manner of delivering the summons and complaint to the person, court, or officer who will make the service. Thus the clerk is not burdened with the task of determining who is permitted to serve process under the law of a particular country or the appropriate governmental or nongovernmental channel for forwarding a letter rogatory. Under (D), however, the papers must always be posted by the clerk. Subdivision (i)(2). When service is made in a foreign country, paragraph (2) permits methods for proof of service in addition to those prescribed by subdivision (g). Proof of service in accordance with the law of the foreign country is permitted because foreign process servers, unaccustomed to the form or the requirement of return of service prevalent in the United States, have on occasion been unwilling to execute the affidavit required by Rule 4(g). See Jones, supra, at 537; Longley, supra, at 35. As a corollary of the alternate manner of service in subdivision (i)(1)(E), proof of service as directed by order of the court is permitted. The special provision for proof of service by mail is intended as an additional safeguard when that method is used. On the type of evidence of delivery that may be satisfactory to a court in lieu of a signed receipt, see Aero Associates, Inc. v. La Metropolitana, 183 F.Supp. 357 (S.D.N.Y. 1960). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The wording of Rule 4(f) is changed to accord with the amendment of Rule 13(h) referring to Rule 19 as amended. NOTES OF ADVISORY COMMITTEE ON RULES - 1980 AMENDMENT Subdivision (a). This is a technical amendment to conform this subdivision with the amendment of subdivision (c). Subdivision (c). The purpose of this amendment is to authorize service of process to be made by any person who is authorized to make service in actions in the courts of general jurisdiction of the state in which the district court is held or in which service is made. There is a troublesome ambiguity in Rule 4. Rule 4(c) directs that all process is to be served by the marshal, by his deputy, or by a person specially appointed by the court. But Rule 4(d)(7) authorizes service in certain cases 'in the manner prescribed by the law of the state in which the district court is held. . . .' And Rule 4(e), which authorizes service beyond the state and service in quasi in rem cases when state law permits such service, directs that 'service may be made . . . under the circumstances and in the manner prescribed in the (state) statute or rule.' State statutes and rules of the kind referred to in Rule 4(d)(7) and Rule 4(e) commonly designate the persons who are to make the service provided for, e.g., a sheriff or a plaintiff. When that is so, may the persons so designated by state law make service, or is service in all cases to be made by a marshal or by one specially appointed under present Rule 4(c)? The commentators have noted the ambiguity and have suggested the desirability of an amendment. See 2 Moore's Federal Practice 4.08 (1974); Wright & Miller, Federal Practice and Procedure: Civil Sec. 1092 (1969). And the ambiguity has given rise to unfortunate results. See United States for the use of Tanos v. St. Paul Mercury Ins. Co., 361 F. 2d 838 (5th Cir. 1966); Veeck v. Commodity Enterprises, Inc., 487 F. 2d 423 (9th Cir. 1973). The ambiguity can be resolved by specific amendments to Rules 4(d)(7) and 4(e), but the Committee is of the view that there is no reason why Rule 4(c) should not generally authorize service of process in all cases by anyone authorized to make service in the courts of general jurisdiction of the state in which the district court is held or in which service is made. The marshal continues to be the obvious, always effective officer for service of process. LEGISLATIVE STATEMENT - 1983 AMENDMENT 128 CONGRESSIONAL RECORD H9848, DEC. 15, 1982 Mr. EDWARDS of California. Mr. Speaker, in July Mr. McClory and I brought before the House a bill to delay the effective date of proposed changes in rule 4 of the Federal Rules of Civil Procedure, dealing with service of process. The Congress enacted that legislation and delayed the effective date so that we could cure certain problems in the proposed amendments to rule 4. Since that time, Mr. McClory and I introduced a bill, H.R. 7154, that cures those problems. It was drafted in consultation with representatives of the Department of Justice, the Judicial Conference of the United States, and others. The Department of Justice and the Judicial Conference have endorsed the bill and have urged its prompt enactment. Indeed, the Department of Justice has indicated that the changes occasioned by the bill will facilitate its collection of debts owned to the Government. I have a letter from the Office of Legislative Affairs of the Department of Justice supporting the bill that I will submit for the Record. Also, I am submitting for the Record a section-by-section analysis of the bill. H.R. 7154 makes much needed changes in rule 4 of the Federal Rules of Civil Procedure and is supported by all interested parties. I urge my colleagues to support it. U.S. Department of Justice. Office of Legislative Affairs, Washington, D.C., December 10, 1982. Hon. Peter W. Rodino, Jr., Chairman, Committee on the Judiciary, House of Representatives, Washington, D.C. Dear Mr. Chairman: This is to proffer the views of the Department of Justice on H.R. 7154, the proposed Federal Rules of Civil Procedure Amendments Act of 1982. While the agenda is extremely tight and we appreciate that fact, we do reiterate that this Department strongly endorses the enactment of H.R. 7154. We would greatly appreciate your watching for any possible way to enact this legislation expeditiously. H.R. 7154 would amend Rule 4 of the Federal Rules of Civil Procedure to relieve effectively the United States Marshals Service of the duty of routinely serving summonses and complaints for private parties in civil actions and would thus achieve a goal this Department has long sought. Experience has shown that the Marshals Service's increasing workload and limited budget require such major relief from the burdens imposed by its role as process-server in all civil actions. The bill would also amend Rule 4 to permit certain classes of defendants to be served by first class mail with a notice and acknowledgment of receipt form enclosed. We have previously expressed a preference for the service-by-mail provisions of the proposed amendments to Rule 4 which the Supreme Court transmitted to Congress on April 28, 1982. The amendments proposed by the Supreme Court would permit service by registered or certified mail, return receipt requested. We had regarded the Supreme Court proposal as the more efficient because it would not require and affirmative act of signing and mailing on the part of a defendant. Moreover, the Supreme Court proposal would permit the entry of a default judgment if the record contained a returned receipt showing acceptance by the defendant or a returned envelope showing refusal of the process by the defendant and subsequent service and notice by first class mail. However, critics of that system of mail service have argued that certified mail is not an effective method of providing actual notice to defendants of claims against them because signatures may be illegible or may not match the name of the defendant, or because it may be difficult to determine whether mail has been 'unclaimed' or 'refused,' the latter providing the sole basis for a default judgment. As you know, in light of these criticisms the Congress enacted Public Law 97-227 (H.R. 6663) postponing the effective date of the proposed amendments to Rule 4 until October 1, 1983, so as to facilitate further review of the problem. This Department opposed the delay in the effective date, primarily because the Supreme Court's proposed amendments also contained urgently needed provisions designed to relieve the United States Marshals of the burden of serving summonses and complaints in private civil actions. In our view, these necessary relief provisions are readily separable from the issues of service by certified mail and the propriety of default judgment after service by certified mail which the Congress felt warranted additional review. During the floor consideration of H.R. 6663 Congressman Edwards and other proponents of the delayed effective date pledged to expedite the review of the proposed amendments to Rule 4, given the need to provide prompt relief for the Marshals Service in the service of process area. In this spirit Judiciary Committee staff consulted with representatives of this Department, the Judicial Conference, and others who had voiced concern about the proposed amendments. H.R. 7154 is the product of those consultations and accommodated the concerns of the Department in a very workable and acceptable manner. Accordingly, we are satisfied that the provisions of H.R. 7154 merit the support of all three branches of the Federal Government and everyone else who has a stake in the fair and efficient service of process in civil actions. We urge prompt consideration of H.R. 7154 by the Committee. (FOOTNOTE 1) The Office of Management and Budget has advised that there is no objection to the submission of this report from the standpoint of the Administration's program. Sincerely, Robert A. McConnell, Assistant Attorney General. XXXXXXX (FOOTNOTE 1) In addition to amending Rule 4, we have previously recommended: (a) amendments to 28 U.S.C. Sec. 569(b) redefining the Marshals traditional role by eliminating the statutory requirement that they serve subpoenas, as well as summonses and complaints, and; (b) amendments to 28 U.S.C. Sec. 1921 changing the manner and level in which marshal fees are charged for serving private civil process. These legislative changes are embodied in Section 10 of S. 2567 and the Department's proposed fiscal year 1983 Appropriations Authorization bill. If, in the Committee's judgment, efforts to incorporate these suggested amendments in H.R. 7154 would in any way impede consideration of the bill during the few remaining legislative days in the 97th Congress, we would urge that they be separately considered early in the 98th Congress. H.R. 7154 - FEDERAL RULES OF CIVIL PROCEDURE AMENDMENTS ACT OF 1982 BACKGROUND The Federal Rules of Civil Procedure set forth the procedures to be followed in civil actions and proceedings in United States district courts. These rules are usually amended by a process established by 28 U.S.C. 2072, often referred to as the 'Rules Enabling Act'. The Rules Enabling Act provides that the Supreme Court can propose new rules of 'practice and procedure' and amendments to existing rules by transmitting them to Congress after the start of a regular session but not later than May 1. The rules and amendments so proposed take effect 90 days after transmittal unless legislation to the contrary is enacted. (FOOTNOTE 1) On April 28, 1982, the Supreme Court transmitted to Congress several proposed amendments to the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure (which govern criminal cases and proceedings in Federal courts), and the Rules and Forms Governing Proceedings in the United States District Courts under sections 2254 and 2255 of Title 28, United States Code (which govern habeas corpus proceedings). These amendments were to have taken effect on August 1, 1982. The amendments to Rule 4 of the Federal Rules of Civil Procedure were intended primarily to relieve United States marshals of the burden of serving summonses and complaints in private civil actions. Appendix II, at 7 (Report of the Committee on Rules of Practice and Procedure), 16 (Advisory Committee Note). The Committee received numerous complaints that the changes not only failed to achieve that goal, but that in the process the changes saddled litigators with flawed mail service, deprived litigants of the use of effective local procedures for service, and created a time limit for service replete with ambiguities that could only be resolved by costly litigation. See House Report No. 97-662, at 2-4 (1982). In order to consider these criticisms, Congress enacted Public Law 97-227, postponing the effective date of the proposed amendments to Rule 4 until October 1, 1983. (FOOTNOTE 2) Accordingly, in order to help shape the policy behind, and the form of, the proposed amendments, Congress must enact legislation before October 1, 1983. (FOOTNOTE 3) With that deadline and purpose in mind, consultations were held with representatives of the Judicial Conference, the Department of Justice, and others who had voiced concern about the proposed amendments. H.R. 7154 is the product of those consultations. The bill seeks to effectuate the policy of relieving the Marshals Service of the duty of routinely serving summonses and complaints. It provides a system of service by mail modeled upon a system found to be effective in California, and finally, it makes appropriate stylistic, grammatical, and other changes in Rule 4. NEED FOR THE LEGISLATION 1. CURRENT RULE 4 Rule 4 of the Federal Rules of Civil Procedure relates to the issuance and service of process. Subsection (c) authorizes service of process by personnel of the Marshals Service, by a person specially appointed by the Court, or 'by a person authorized to serve process in an action brought in the courts of general jurisdiction of the state in which the district court is held or in which service is made.' Subsection (d) describes how a summons and complaint must be served and designates those persons who must be served in cases involving specified categories of defendants. Mail service is not directly authorized. Subsection (d)(7), however, authorizes service under the law of the state in which the district court sits upon defendants described in subsections (d)(1) (certain individuals) and (d)(3) (organizations). Thus, if state law authorizes service by mail of a summons and complaint upon an individual or organization described in subsections (d)(1) or (3), then subsection (d)(7) authorizes service by mail for United States district courts in that state. (FOOTNOTE 4) 2. REDUCING THE ROLE OF MARSHALS The Supreme Court's proposed modifications of Rule 4 were designed to alleviate the burden on the Marshals Service of serving summonses and complaints in private civil actions. Appendix II, at 7 (Report of the Committee on Rules of Practice and Procedure), 16 (Advisory Committee Note). While the Committee received no complaints about the goal of reducing the role of the Marshals Service, the Court's proposals simply failed to achieve that goal. See House Report No. 97-662, at 2-3 (1982). The Court's proposed Rule 4(c)(2)(B) required the Marshals Service to serve summonses and complaints 'pursuant to any statutory provision expressly providing for service by a United States Marshal or his deputy.' (FOOTNOTE 5) One such statutory provision is 28 U.S.C. 569(b), which compels marshals to 'execute all lawful writs, process and orders issued under authority of the United States, including those of the courts * * *.' (emphasis added). Thus, any party could have invoked 28 U.S.C. 569(b) to utilize a marshal for service of a summons and complaint, thereby thwarting the intent of the new subsection to limit the use of marshals. The Justice Department acknowledges that the proposed subsection did not accomplish its objectives. (FOOTNOTE 6) Had 28 U.S.C. 569(b) been inconsistent with proposed Rule 4(c)(2)(B), the latter would have nullified the former under 28 U.S.C. 2072, which provides that 'All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.' Since proposed Rule 4(c)(2)(B) specifically referred to statutes such as 28 U.S.C. 569(b), however, the new subsection did not conflict with 28 U.S.C. 569(b) and did not, therefore, supersede it. H.R. 7154 cures this problem and achieves the desired reduction in the role of the Marshals Service by authorizing marshals to serve summonses and complaints 'on behalf of the United States'. By so doing, H.R. 7154 eliminates the loophole in the Court's proposed language and still provides for service by marshals on behalf of the Government. (FOOTNOTE 7) 3. MAIL SERVICE The Supreme Court's proposed subsection (d)(7) and (8) authorized, as an alternative to personal service, mail service of summonses and complaints on individuals and organizations described in subsection (d)(1) and (3), but only through registered or certified mail, restricted delivery. Critics of that system of mail service argued that registered and certified mail were not necessarily effective methods of providing actual notice to defendants of claims against them. This was so, they argued, because signatures may be illegible or may not match the name of the defendant, or because it may be difficult to determine whether mail has been 'unclaimed' or 'refused', the latter apparently providing the sole basis for a default judgment. (FOOTNOTE 8) H.R. 7154 provides for a system of service by mail similar to the system now used in California. See Cal. Civ. Pro. Sec. 415.30 (West 1973). Service would be by ordinary mail with a notice and acknowledgment of receipt form enclosed. If the defendant returns the acknowledgment form to the sender within 20 days of mailing, the sender files the return and service is complete. If the acknowledgment is not returned within 20 days of mailing, then service must be effected through some other means provided for in the Rules. This system of mail service avoids the notice problems created by the registered and certified mail procedures proposed by the Supreme Court. If the proper person receives the notice and returns the acknowledgment, service is complete. If the proper person does not recieve the mailed form, or if the proper person receives the notice but fails to return the acknowledgment form, another method of service authorized by law is required. (FOOTNOTE 9) In either instance, however, the defendant will receive actual notice of the claim. In order to encourage defendants to return the acknowledgment form, the court can order a defendant who does not return it to pay the costs of service unless the defendant can show good cause for the failure to return it. 4. THE LOCAL OPTION The Court's proposed amendments to Rule 4 deleted the provision in current subsection (d)(7) that authorizes service of a summons and complaint upon individuals and organizations 'in the manner prescribed by the law of the state in which the district court is held for the service of summons or other like process upon any such defendant in an action brought in the courts of general jurisdiction of that state.' The Committee received a variety of complaints about the deletion of this provision. Those in favor of preserving the local option saw no reason to forego systems of service that had been successful in achieving effective notice. (FOOTNOTE 01) H.R. 7154 carries forward the policy of the current rule and permits a party to serve a summons and complaint upon individuals and organizations described in Rule 4(d)(1) and (3) in accordance with the law of the state in which the district court sits. Thus, the bill authorizes four methods of serving a summons and complaint on such defendants: (1) service by a nonparty adult (Rule 4(c)(2)(A)); (2) service by personnel of the Marshals Service, if the party qualifies, such as because the party is proceeding in forma pauperis (Rule 4(c)(2)(B)); (3) service in any manner authorized by the law of the state in which the district court is held (Rule 4(c)(2)(C)(i)); or (4) service by regular mail with a notice and acknowledgment of receipt form enclosed (Rule 4(c)(2)(C)(ii)). (FOOTNOTE 11) 5. TIME LIMITS Rule 4 does not currently provide a time limit within which service must be completed. Primarily because United States marshals currently effect service of process, no time restriction has been deemed necessary. Appendix II, at 18 (Advisory Committee Note). Along with the proposed changes to subdivisions (c) and (d) to reduce the role of the Marshals Service, however, came new subdivision (j), requiring that service of a summons and complaint be made within 120 days of the filing of the complaint. If service were not accomplished within that time, proposed subdivision (j) required that the action 'be dismissed as to that defendant without prejudice upon motion or upon the court's own initiative'. Service by mail was deemed made for purposes of subdivision (j) 'as of the date on which the process was accepted, refused, or returned as unclaimed'. (FOOTNOTE 21) H.R. 7154 adopts a policy of limiting the time to effect service. It provides that if a summons and complaint have not been served within 120 days of the filing of the complaint and the plaintiff fails to show 'good cause' for not completing service within that time, then the court must dismiss the action as to the unserved defendant. H.R. 7154 ensures that a plaintiff will be notified of an attempt to dismiss the action. If dismissal for failure to serve is raised by the court upon its own motion, the legislation requires that the court provide notice to the plaintiff. If dismissal is sought by someone else, Rule 5(a) of the Federal Rules of Civil Procedure requires that the motion be served upon the plaintiff. Like proposed subsection (j), H.R. 7154 provides that a dismissal for failure to serve within 120 days shall be 'without prejudice'. Proposed subsection (j) was criticized by some for ambiguity because, it was argued, neither the text of subsection (j) nor the Advisory Committee Note indicated whether a dismissal without prejudice would toll a statute of limitation. See House Report 97-662, at 3-4 (1982). The problem would arise when a plaintiff files the complaint within the applicable statute of limitation period but does not effect service within 120 days. If the statute of limitation period expires during that period, and if the plaintiff's action is dismissed 'without prejudice', can the plaintiff refile the complaint and maintain the action? The answer depends upon how the statute of limitation is tolled. (FOOTNOTE 31) If the law provides that the statute of limitation is tolled by filing and service of the complaint, then a dismissal under H.R. 7154 for failure to serve within the 120 days would, by the terms of the law controlling the tolling, bar the plaintiff from later maintaining the cause of action. (FOOTNOTE 41) If the law provides that the statute of limitation is tolled by filing alone, then the status of the plaintiff's cause of action turns upon the plaintiff's diligence. If the plaintiff has not been diligent, the court will dismiss the complaint for failure to serve within 120 days, and the plaintiff will be barred from later maintaining the cause of action because the statute of limitation has run. A dismissal without prejudice does not confer upon the plaintiff any rights that the plaintiff does not otherwise possess and leaves a plaintiff whose action has been dismissed in the same position as if the action had never been filed. (FOOTNOTE 51) If, on the other hand, the plaintiff has made reasonable efforts to effect service, then the plaintiff can move under Rule 6(b) to enlarge the time within which to serve or can oppose dismissal for failure to serve. A court would undoubtedly permit such a plaintiff additional time within which to effect service. Thus, a diligent plaintiff can preserve the cause of action. This result is consistent with the policy behind the time limit for service and with statutes of limitation, both of which are designed to encourage prompt movement of civil actions in the federal courts. 6. CONFORMING AND CLARIFYING SUBSECTIONS (D)(4) AND (5) Current subsections (d)(4) and (5) prescribe which persons must be served in cases where an action is brought against the United States or an officer or agency of the United States. Under subsection (d)(4), where the United States is the named defendant, service must be made as follows: (1) personal service upon the United States attorney, an assistant United States attorney, or a designated clerical employee of the United States attorney in the district in which the action is brought; (2) registered or certified mail service to the Attorney General of the United States in Washington, D.C.; and (3) registered or certified mail service to the appropriate officer or agency if the action attacks an order of that officer or agency but does not name the officer or agency as a defendant. Under subsection (d)(5), where an officer or agency of the United States is named as a defendant, service must be made as in subsection (d)(4), except that personal service upon the officer or agency involved is required. (FOOTNOTE 61) The time limit for effecting service in H.R. 7154 would present significant difficulty to a plaintiff who has to arrange for personal service upon an officer or agency that may be thousands of miles away. There is little reason to require different types of service when the officer or agency is named as a party, and H.R. 7154 therefore conforms the manner of service under subsection (d)(5) to the manner of service under subsection (d)(4). SECTION-BY-SECTION ANALYSIS SECTION 1 Section 1 provides that the short title of the bill is the 'Federal Rules of Civil Procedure Amendments Act of 1982'. SECTION 2 Section 2 of the bill consists of 7 numbered paragraphs, each amending a different part of Rule 4 of the Federal Rules of Civil Procedure. Paragraph (1) deletes the requirement in present Rule 4(a) that a summons be delivered for service to the marshal or other person authorized to serve it. As amended by the legislation, Rule 4(a) provides that the summons be delivered to 'the plaintiff or the plaintiff's attorney, who shall be responsible for prompt service of the summons and complaint'. This change effectuates the policy proposed by the Supreme Court. See Appendix II, at - (Advisory Committee Note). Paragraph (2) amends current Rule 4(c), which deals with the service of process. New Rule 4(c)(1) requires that all process, other than a subpoena or a summons and complaint, be served by the Marshals Service or by a person especially appointed for that purpose. Thus, the Marshals Service or persons specially appointed will continue to serve all process other than subpoenas and summonses and complaints, a policy identical to that proposed by the Supreme Court. See Appendix II, at 8 (Report of the Judicial Conference Committee on Rules of Practice and Procedure). The service of subpoenas is governed by Rule 45, (FOOTNOTE 71) and the service of summonses and complaints is governed by new Rule 4(c)(2). New Rule 4(c)(2)(A) sets forth the general rule that summonses and complaints shall be served by someone who is at least 18 years old and not a party to the action or proceeding. This is consistent with the Court's proposal. Appendix II, at 16 (Advisory Committee Note). Subparagraphs (B) and (C) of new Rule 4(c)(2) set forth exceptions to this general rule. Subparagraph (B) sets forth 3 exceptions to the general rule. First, subparagraph (B)(i) requires the Marshals Service (or someone specially appointed by the court) to serve summonses and complaints on behalf of a party proceeding in forma pauperis or a seaman authorized to proceed under 28 U.S.C. 1916. This is identical to the Supreme Court's proposal. See Appendix II, at 3 (text of proposed rule), 16 (Advisory Committee Note). Second, subparagraph (B)(ii) requires the Marshals Service (or someone specially appointed by the court) to serve a summons and complaint when the court orders the marshals to do so in order properly to effect service in that particular action. (FOOTNOTE 81) This, except for nonsubstantive changes in phrasing, is identical to the Supreme Court's proposal. See Appendix II, at 3 (text of proposed rule), 16 (Advisory Committee Note). Subparagraph (C) of new Rule 4(c)(2) provides 2 exceptions to the general rule of service by a nonparty adult. These exceptions apply only when the summons and complaint is to be served upon persons described in Rule 4(d)(1) (certain individuals) or Rule 4(d)(3) (organizations). (FOOTNOTE 91) First, subparagraph (C)(i) permits service of a summons and complaint in a manner authorized by the law of the state in which the court sits. This restates the option to follow local law currently found in Rule 4(d)(7) and would authorize service by mail if the state law so allowed. The method of mail service in that instance would, of course, be the method permitted by state law. Second, subparagraph (C)(ii) permits service of a summons and complaint by regular mail. The sender must send to the defendant, by first-class mail, postage prepaid, a copy of the summons and complaint, together with 2 copies of a notice and acknowledgment of receipt of summons and complaint form and a postage prepaid return envelope addressed to the sender. If a copy of the notice and acknowledgment form is not received by the sender within 20 days after the date of mailing, then service must be made under Rule 4(c)(2)(A) or (B) (i.e., by a nonparty adult or, if the person qualifies, (FOOTNOTE 02) by personnel of the Marshals Service or a person specially appointed by the court) in the manner prescribed by Rule 4(d)(1) or (3) (i.e., personal or substituted service). New Rule 4(c)(2)(D) permits a court to penalize a person who avoids service by mail. It authorizes the court to order a person who does not return the notice and acknowledgment form within 20 days after mailing to pay the costs of service, unless that person can show good cause for failing to return the form. The purpose of this provision is to encourage the prompt return of the form so that the action can move forward without unnecessary delay. Fairness requires that a person who causes another additional and unnecessary expense in effecting service ought to reimburse the party who was forced to bear the additional expense. Subparagraph (E) of rule 4(c)(2) requires that the notice and acknowledgment form described in new Rule 4(c)(2)(C)(ii) be executed under oath or affirmation. This provision tracks the language of 28 U.S.C. 1746, which permits the use of unsworn declarations under penalty of perjury whenever an oath or affirmation is required. Statements made under penalty of perjury are subject to 18 U.S,C. 1621(2), which provides felony penalties for someone who 'willfully subscribes as true any material matter which he does not believe to be true'. The requirement that the form be executed under oath or affirmation is intended to encourage truthful submissions to the court, as the information contained in the form is important to the parties. (FOOTNOTE 12) New Rule 4(c)(3) authorizes the court freely to make special appointments to serve summonses and complaints under Rule 4(c)(2)(B) and all other process under Rule 4(c)(1). This carries forward the policy of present Rule 4(c). Paragraph (3) of section 2 of the bill makes a non-substantive change in the caption of Rule 4(d) in order to reflect more accurately the provisions of Rule 4(d). Paragraph (3) also deletes a provision on service of a summons and complaint pursuant to state law. This provision is redundant in view of new Rule 4(c)(2)(C)(i). Paragraph (4) of section 2 of the bill conforms Rule 4(d)(5) to present Rule 4(d)(4). Rule 4(d)(5) is amended to provide that service upon a named defendant agency or officer of the United States shall be made by 'sending' a copy of the summons and complaint 'by registered or certified mail' to the defendant. (FOOTNOTE 22) Rule 4(d)(5) currently provides for service by 'delivering' the copies to the defendant, but 28 U.S.C. 1391(e) authorizes delivery upon a defendant agency or officer outside of the district in which the action is brought by means of certified mail. Hence, the change is not a marked departure from current practice. Paragraph (5) of section 2 of the bill amends the caption of Rule 4(e) in order to describe subdivision (e) more accurately. Paragraph (6) of section 2 of the bill amends Rule 4(g), which deals with return of service. Present rule 4(g) is not changed except to provide that, if service is made pursuant to the new system of mail service (Rule 4(c)(2)(C)(ii)), the plaintiff or the plaintiff's attorney must file with the court the signed acknowledgment form returned by the person served. Paragraph (7) of section 2 of the bill adds new subsection (j) to provide a time limitation for the service of a summons and complaint. New Rule 4(j) retains the Supreme Court's requirement that a summons and complaint be served within 120 days of the filing of the complaint. See Appendix II, at 18 (Advisory Committee Note). (FOOTNOTE 32) The plaintiff must be notified of an effort or intention to dismiss the action. This notification is mandated by subsection (j) if the dismissal is being raised on the court's own initiative and will be provided pursuant to Rule 5 (which requires service of motions upon the adverse party) if the dismissal is sought by someone else. (FOOTNOTE 42) The plaintiff may move under Rule 6(b) to enlarge the time period. See Appendix II, at 1d. (Advisory Committee Note). If service is not made within the time period or enlarged time period, however, and if the plaintiff fails to show 'good cause' for not completing service, then the court must dismiss the action as to the unserved defendant. The dismissal is 'without prejudice'. The term 'without prejudice' means that the dismissal does not constitute an adjudication of the merits of the complaint. A dismissal 'without prejudice' leaves a plaintiff whose action has been dismissed in the position in whch that person would have been if the action had never been filed. SECTION 3 Section 3 of the bill amends the Appendix of Forms at the end of the Federal Rules of Civil Procedure by adding a new form 18A, 'Notice and Acknowledgment for Service by Mail'. This new form is required by new Rule 4(c)(2)(C)(ii), which requires that the notice and acknowledgment form used with service by regular mail conform substantially to Form 18A. Form 18A as set forth in section 3 of the bill is modeled upon a form used in California. (FOOTNOTE 52) It contains 2 parts. The first part is a notice to the person being served that tells that person that the enclosed summons and complaint is being served pursuant to Rule 4(c)(2)(C)(ii); advises that person to sign and date the acknowledgment form and indicate the authority to receive service if the person served is not the party to the action (e.g., the person served is an officer of the organization being served); and warns that failure to return the form to the sender within 20 days may result in the court ordering the party being served to pay the expenses involved in effecting service. The notice also warns that if the complaint is not responded to within 20 days, a default judgment can be entered against the party being served. The notice is dated under penalty of perjury by the plaintiff or the plaintiff's attorney. (FOOTNOTE 62) The second part of the form contains the acknowledgment of receipt of the summons and complaint. The person served must declare on this part of the form, under penalty of perjury, the date and place of service and the person's authority to receive service. SECTION 4 Section 4 of the bill provides that the changes in Rule 4 made by H.R. 7154 will take effect 45 days after enactment, thereby giving the bench and bar, as well as other interested persons and organizations (such as the Marshals Service), an opportunity to prepare to implement the changes made by the legislation. The delayed effective date means that service of process issued before the effective date will be made in accordance with current Rule 4. Accordingly, all process in the hands of the Marshals Service prior to the effective date will be served by the Marshals Service under the present rule. SECTION 5 Section 5 of the bill provides that the amendments to Rule 4 proposed by the Supreme Court (whose effective date was postponed by Public Law 97-227) shall not take effect. This is necessary because under Public Law 97-227 the proposed amendments will take effect on October 1, 1983. XXXXXXX (FOOTNOTE 1) The drafting of the rules and amendments is actually done by a committee of the Judicial Conference of the United States. In the case of the Federal Rules of Civil Procedure, the initial draft is prepared by the Advisory Committee on Civil Rules. The Advisory Committee's draft is then reviewed by the Committee on Rules of Practice and Procedure, which must give its approval to the draft. Any draft approved by that committee is forwarded to the Judicial Conference. If the Judicial Conference approves the draft, it forwards the draft to the Supreme Court. The Judicial Conference's role in the rule-making process is defined by 28 U.S.C. 331. For background information about how the Judicial Conference committees operate, see Wright, 'Procedural Reform: Its Limitation and Its Future,' 1 Ga.L.Rev. 563, 565-66 (1967) (civil rules); statement of United States District Judge Roszel C. Thomsen, Hearings on Proposed Amendments to the Federal Rules of Criminal Procedure Before the Subcommittee on Criminal Justice of the House Committee on the Judiciary, 93d Cong., 2d Sess. at 25 (1974) (criminal rules); statement of United States Circuit Judge J. Edward Lumbard, id. at 203 (criminal rules); J. Weinstein, Reform of Federal Court Rulemaking Procedure (1977); Weinstein, 'Reform of Federal Rulemaking Procedures,' 76 Colum.L.Rev. 905 (1976). (FOOTNOTE 2) All of the other amendments, including all of the proposed amendments to the Federal Rules of Criminal Procedure and the Rules and Forms Governing Proceedings in the United States District Courts under sections 2254 and 2255 of Title 28, United States Code, took effect on August 1, 1982, as scheduled. (FOOTNOTE 3) The President has urged Congress to act promptly. See President's Statement on Signing H.R. 6663 into Law, 18 Weekly Comp. of Pres. Doc. 982 (August 2, 1982). (FOOTNOTE 4) Where service of a summons is to be made upon a party who is neither an inhabitant of, nor found within, the state where the district court sits, subsection (e) authorizes service under a state statute or rule of court that provides for service upon such a party. This would authorize mail service if the state statute or rule of court provided for service by mail. (FOOTNOTE 5) The Court's proposal authorized service by the Marshals Service in other situations. This authority, however, was not seen as thwarting the underlying policy of limiting the use of marshals. See Appendix II, at 16, 17 (Advisory Committee Note). (FOOTNOTE 6) Appendix I, at 2 (letter of Assistant Attorney General Robert A. McConnell). (FOOTNOTE 7) The provisions of H.R. 7154 conflict with 28 U.S.C. 569(b) because the latter is a broader command to marshals to serve all federal court process. As a later statutory enactment, however, H.R. 7154 supersedes 28 U.S.C. 569(b), thereby achieving the goal of reducing the role of marshals. (FOOTNOTE 8) Proposed Rule 4(d)(8) provided that 'Service . . . shall not be the basis for the entry of a default or a judgment by default unless the record contains a return receipt showing acceptance by the defendant or a returned envelope showing refusal of the process by the defendant.' This provision reflects a desire to preclude default judgments on unclaimed mail. See Appendix II, at 7 (Report of the Committee on Rules of Practice and Procedure). The interpretation of Rule 4(d)(8) to require a refusal of delivery in order to have a basis for a default judgment, while undoubtedly the interpretation intended and the interpretation that reaches the fairest result, may not be the only possible interpretation. Since a default judgment can be entered for defendant's failure to respond to the complaint once defendant has been served and the time to answer the complaint has run, it can be argued that a default judgment can be obtained where the mail was unclaimed because proposed subsection (j), which authorized dismissal of a complaint not served within 120 days, provided that mail service would be deemed made 'on the date on which the process was accepted, refused, or returned as unclaimed' (emphasis added). (FOOTNOTE 9) See p. 15 infra. (FOOTNOTE 01) Proponents of the California system of mail service, in particular, saw no reason to supplant California's proven method of mail service with a certified mail service that they believed likely to result in default judgments without actual notice to defendants. See House Report No. 97-662, at 3 (1982). (FOOTNOTE 11) The parties may, of course, stipulate to service, as is frequently done now. (FOOTNOTE 21) While return of the letter as unclaimed was deemed service for the purpose of determining whether the plaintiff's action could be dismissed, return of the letter as unclaimed was not service for the purpose of entry of a default judgment against the defendant. See note 8 supra. (FOOTNOTE 31) The law governing the tolling of a statute of limitation depends upon the type of civil action involved. In adversity action, state law governs tolling. Walker v. Armco Steel Corp., 446 U.S. 740 (1980). In Walker, plaintiff had filed his complaint and thereby commenced the action under Rule 3 of the Federal Rules of Civil Procedure within the statutory period. He did not, however, serve the summons and complaint until after the statutory period had run. The Court held that state law (which required both filing and service within the statutory period) governed, barring plaintiff's action. In the federal question action, the courts of appeals have generally held that Rule 3 governs, so that the filing of the complaint tolls a statute of limitation. United States v. Wahl, 538 F.2d 285 (6th Cir. 1978); Windbrooke Dev. Co. v. Environmental Enterprises Inc. of Fla., 524 F.2d 461 (5th Cir. 1975); Metropolitan Paving Co. v. International Union of Operating Engineers, 439 F.2d 300 (10th Cir. 1971); Moore Co. v. Sid Richardson Carbon & Gasoline Co., 347 F.2d 921 (8th Cir.), cert. denied, 383 U.S. 925, reh. denied, 384 U.S. 914 (1965); Hoffman v. Halden, 268 F.2d 280 (9th Cir. 1959). The continued validity of this line of cases, however, must be questioned in light of the Walker case, even though the Court in that case expressly reserved judgment about federal question actions, see Walker v. Armco Steel Corp., 446 U.S. 741, 751 n.11 (1980). (FOOTNOTE 41) The same result obtains even if service occurs within the 120 day period, if the service occurs after the statute of limitation has run. (FOOTNOTE 51) See p. 19 infra. (FOOTNOTE 61) See p. 17 infra. (FOOTNOTE 71) Rule 45(c) provides that 'A subpoena may be served by the marshal, by his deputy, or by any other person who is not a party and is not less than 18 years of age.' (FOOTNOTE 81) Some litigators have voiced concern that there may be situations in which personal service by someone other than a member of the Marshals Service may present a risk of injury to the person attempting to make the service. For example, a hostile defendant may have a history of injuring persons attempting to serve process. Federal judges undoubtedly will consider the risk of harm to private persons who would be making personal service when deciding whether to order the Marshals Service to make service under Rule 4(c)(2)(B)(iii). (FOOTNOTE 91) The methods of service authorized by Rule 4(c)(2)(C) may be invoked by any person seeking to effect service. Thus, a nonparty adult who receives the summons and complaint for service under Rule 4(c)(1) may serve them personally or by mail in the manner authorized by Rule 4(c)(2)(C)(ii). Similarly, the Marshals Service may utilize the mail service authorized by Rule 4(c)(2)(C)(ii) when serving a summons and complaint under Rule 4(c)(2)(B)(i)(iii). When serving a summons and complaint under Rule 4(c)(2)(B)(ii), however, the Marshals Service must serve in the manner set forth in the court's order. If no particular manner of service is specified, then the Marshals Service may utilize Rule 4(c)(2)(C)(ii). It would not seem to be appropriate, however, for the Marshals Service to utilize Rule 4(c)(2)(C)(ii) in a situation where a previous attempt to serve by mail failed. Thus, it would not seem to be appropriate for the Marshals Service to attempt service by regular mail when serving a summons and complaint on behalf of a plaintiff who is proceeding in forma pauperis if that plaintiff previously attempted unsuccessfully to serve the defendant by mail. (FOOTNOTE 02) To obtain service by personnel of the Marshals Service or someone specially appointed by the court, a plaintiff who has unsuccessfully attempted mail service under Rule 4(c)(2)(C)(ii) must meet the conditions of Rule 4(c)(2)(B) - for example, the plaintiff must be proceeding in forma pauperis. (FOOTNOTE 12) For example, the sender must state the date of mailing on the form. If the form is not returned to the sender within 20 days of that date, then the plaintiff must serve the defendant in another manner and the defendant may be liable for the costs of such service. Thus, a defendant would suffer the consequences of a misstatement about the date of mailing. (FOOTNOTE 22) See p. 12 supra. (FOOTNOTE 32) The 120 day period begins to run upon the filing of each complaint. Thus, where a defendant files a cross-claim against the plaintiff, the 120 day period begins to run upon the filing of the cross-complaint, not upon the filing of the plaintiff's complaint initiating the action. (FOOTNOTE 42) The person who may move to dismiss can be the putative defendant (i.e., the person named as defendant in the complaint filed with the court) or, in multi-party actions, another party to the action. (If the putative defendant moves to dismiss and the failure to effect service is due to that person's evasion of service, a court should not dismiss because the plaintiff has 'good cause' for not completing service.) (FOOTNOTE 52) See Cal. Civ. Pro. Sec. 415.30 (West 1973). (FOOTNOTE 62) See p. 16 supra. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. 1983 AMENDMENT Subd. (a). Pub. L. 97-462, Sec. 2(1), substituted 'deliver the summons to the plaintiff or the plaintiff's attorney, who shall be responsible for prompt service of the summons and a copy of the complaint' for 'deliver it for service to the marshal or to any other person authorized by Rule 4(c) to serve it'. Subd. (c). Pub. L. 97-462, Sec. 2(2), substituted provision with subd. heading 'Service' for provision with subd. heading 'By Whom Served' which read: 'Service of process shall be made by a United States marshal, by his deputy, or by some person specially appointed by the court for that purpose, except that a subpoena may be served as provided in Rule 45. Special appointments to serve process shall be made freely. Service of process may also be made by a person authorized to serve process in an action brought in the courts of general jurisdiction of the state in which the district court is held or in which service is made.' Subd. (d). Pub. L. 97-462, Sec. 2(3), (4), substituted 'Summons and Complaint: Person to be Served' for 'Summons: Personal Service' in subd. heading. Subd. (d)(5). Pub. L. 97-462, Sec. 2(4), substituted 'sending a copy of the summons and of the complaint by registered or certified mail' for 'delivering a copy of the summons and of the complaint'. Subd. (d)(7). Pub. L. 97-462, Sec. 2(3)(B), struck out par. (7) which read: 'Upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule, it is also sufficient if the summons and complaint are served in the manner prescribed by any statute of the United States or in the manner prescribed by the law of the state in which the district court is held for the service of summons or other like process upon any such defendant in an action brought in the courts of general jurisdiction of that state.'. See subd. (c)(2)(C) of this rule. Subd. (e). Pub. L. 97-462, Sec. 2(5), substituted 'Summons' for 'Same' as subd. heading. Subd. (g). Pub. L. 97-462, Sec. 2(6), substituted in second sentence 'deputy United States marshal' and 'such person' for 'his deputy' and 'he' and inserted third sentence 'If service is made under subdivision (c)(2)(C)(ii) of this rule, return shall be made by the sender's filing with the court the acknowledgment received pursuant to such subdivision.'. Subd. (j). Pub. L. 97-462, Sec. 2(7), added subd. (j). EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-462 effective 45 days after Jan. 12, 1983, see section 4 of Pub. L. 97-462, set out as a note under section 2071 of this title. -CROSS- FORMS Motion to quash the return of service of summons, see form 19, Appendix of Forms. Summons, see form 1. CROSS REFERENCES Actions on war risk insurance claims, see section 1292 of Title 46, Appendix, Shipping. Executions in favor of United States, see section 2413 of this title. Motions to dismiss or quash for lack of jurisdiction over the person, insufficiency of process or service of process, see rule 12. Process generally, see chapter 113 of this title. Process in bankruptcy proceedings, see Rules of Bankruptcy Procedure, Appendix to Title 11, Bankruptcy. Process to run outside state - Actions under Security Act of 1933, see section 77v of Title 15, Commerce and Trade. Actions under Security Exchange Act of 1934, see section 78aa of Title 15. Veterans' actions against United States on life insurance contracts, see section 784 of Title 38, Veterans' Benefits. Service of notice of application for leave to perpetuate testimony by taking deposition, see rule 27. Venue of civil actions, see chapter 87 of this title. ------DocID 37144 Document 277 of 401------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 4 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 4. Complaint on an Account -STATUTE- 1. Allegation of jurisdiction. 2. Defendant owes plaintiff XXX dollars according to the account hereto annexed as Exhibit A. Wherefore (etc. as in Form 3). -SOURCE- (As amended Jan. 21, 1963, eff. July 1, 1963.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES - 1963 AMENDMENT This form was amended in 1963 by deleting the stated dollar amount and substituting a blank, to be properly filled in by the pleader. See Note of Advisory Committee under Form 3. ------DocID 37265 Document 278 of 401------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 4 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART I -HEAD- Rule 4. Sessions and Quorum -STATUTE- .1. Open sessions of the Court will be held beginning at 10 a.m. on the first Monday in October of each year, and thereafter as announced by the Court. Unless otherwise ordered, the Court will sit to hear arguments from 10 a.m. until noon and from 1 p.m. until 3 p.m. .2. Any six Members of the Court constitute a quorum. See 28 U.S.C. Sec. 1. In the absence of a quorum on any day appointed for holding a session of the Court, the Justices attending, or if no Justice is present, the Clerk or a Deputy Clerk may announce that the Court will not meet until there is a quorum. .3. The Court in appropriate circumstances may direct the Clerk or the Marshal to announce recesses. -CROSS- CROSS REFERENCES Quorum of Supreme Court justices absent, see section 2109 of this title. ------DocID 37324 Document 279 of 401------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 4 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE II -HEAD- Rule 4. Process -STATUTE- (a) Service upon the United States. Service of the complaint upon the United States shall be made through the delivery by the clerk to the Attorney General, or to an agent designated by authority of the Attorney General, of copies of the complaint in numbers prescribed by subdivision (b) of this rule. (b) Copies. The clerk shall serve on the Attorney General or his designated agent 5 copies of the complaint. (c) Proof and Date of Service. At the time the clerk serves a complaint the clerk shall enter the fact of service on the docket, and such entry shall be prima facie evidence of service. For the purposes of this rule, the date of service shall be the date of filing with the clerk. ------DocID 37397 Document 280 of 401------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 77.4 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE X -HEAD- Rule 77.4. Taxation of Costs -STATUTE- (a) Filing Bill of Costs. A prevailing party may request the clerk to tax allowable costs by filing a Bill of Costs as set forth in Appendix I within 30 days after the date of the entry of judgment. (b) Objections to Bill of Costs. (1) An adverse party may object to the Bill of Costs or any item claimed therein by filing objections within 14 days after the service of the Bill of Costs. Within 7 days after service of the objections, the prevailing party may file a reply. Unless a conference is scheduled by the clerk, the taxation of costs or any disallowance will be made by the clerk on the record. (2) A party may request the court to review the clerk's action by filing a motion within 5 days after action by the clerk. The court's review of the clerk's action will be made on the existing record unless otherwise ordered. (c) Costs in Settlements. The clerk will not tax costs on any action terminated by settlement wherein the judgment is entered pursuant to Rule 68 or is dismissed pursuant to Rule 41(a). Settlement agreements must resolve any issue relating to costs. In the absence of special agreement, parties will bear their own costs. (d) No Extensions. No extensions of time under this rule will be permitted and the failure of a prevailing party to timely file a Bill of Costs shall constitute a waiver of any claim for costs. ------DocID 37429 Document 281 of 401------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 4 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE II -HEAD- Rule 4. Service of Summons and Complaint -STATUTE- (a) Summons - Service by the Clerk. In any action required to be commenced by filing a summons only, service of the summons shall be made by the clerk of the court as follows: (1) Upon the United States, by serving the Attorney General of the United States, by delivering or by mailing a copy of the summons to the Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Department of Justice. (2) When the action is described in 28 U.S.C. Sec. 1581(a) or (b), the clerk shall, in addition to the service prescribed by paragraph (1) of this subdivision (a), also serve the Secretary of the Treasury by mailing a copy of the summons to the district director for the customs district in which the protest was denied or in which the liquidation of an entry is contested and to the Assistant Chief Counsel for International Trade Litigation, United States Customs Service. (3) When the action is described in 28 U.S.C. Sec. 1581(b), the clerk shall, in addition to the service prescribed in paragraphs (1) and (2) of this subdivision (a), also mail a copy of the summons to the consignee or agent of the consignee involved in each entry included in the action. (4) When the action is described in 28 U.S.C. Sec. 1581(c) and contests a determination listed in section 516A(a)(2) or (3) of the Tariff Act of 1930, the clerk shall, in addition to the service prescribed in paragraph (1) of this subdivision (a), also mail a copy of the summons: to the Secretary, United States International Trade Commission, when a determination of that Commission is contested; and to the General Counsel, Department of Commerce, when a determination of that Department is contested. (5) After making service as prescribed in this subdivision (a), the clerk shall return a copy of the summons, together with proof of service and a receipt for payment of the filing fee, to the person who filed the summons. (b) Summons and Complaint - Service by Plaintiff. In any action required to be commenced by the concurrent filing of a summons and complaint, the plaintiff shall cause service of the summons and complaint to be made in accordance with this rule. (c) Service. (1)(A) A summons and complaint shall, except as provided in subparagraphs (B) and (C) of this paragraph, be served by any person who is not a party and is not less than 18 years of age. (B) A summons and complaint shall, at the request of the party seeking service or such party's attorney, be served by a United States marshal or deputy United States marshal, or by a person specially appointed by the court for that purpose, only - (i) on behalf of a party authorized to proceed in forma pauperis pursuant to 28 U.S.C. Sec. 1915, (ii) on behalf of the United States or an officer or agency of the United States, or (iii) pursuant to an order issued by the court stating that a United States marshal or deputy United States marshal, or a person specially appointed for that purpose, is required to serve the summons and complaint in order that service be properly effected in that particular action. (C) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (3) of subdivision (d) of this rule - (i) pursuant to the law of the State in which service is made for the service of summons or other like process upon such defendant in an action brought in the courts of general jurisdiction of that State, or (ii) by mailing a copy of the summons and complaint by first-class mail, postage prepaid, to the person to be served, together with two copies of a notice and acknowledgment which shall be substantially in the form set forth in Form 14 of the Appendix of Forms and a return envelope, postage prepaid, addressed to the sender. If no acknowledgment of service under this subdivision of this rule is received by the sender within 20 days after the date of mailing, service of such summons and complaint shall be made under subparagraph (A) or (B) of this paragraph in the manner prescribed by subdivision (d)(1) or (d)(3). (D) Unless good cause is shown for not doing so the court shall order the payment of the costs of personal service by the person served if such person does not complete and return within 20 days after mailing, the notice and acknowledgment of receipt of summons and complaint. (E) The notice and acknowledgment of receipt of summons and complaint shall be executed under oath or affirmation. (2) The court shall freely make special appointments to serve summonses and complaints under paragraph (1)(B) of this subdivision of this rule. (d) Summons and Complaint - Person To Be Served. The summons and complaint shall be served together as follows: (1) Upon an individual other than an infant or an incompetent person, by delivering a copy of the summons and complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service. (2) Upon an infant or an incompetent person, by serving the summons and complaint in the manner prescribed by the law of the state or place in which the service is made for the service of summons or other like process upon any such defendant in an action brought in the courts of general jurisdiction of that state or place. (3) Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service, and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant. (4) Upon the United States, by serving the Attorney General of the United States, by delivering or by mailing by registered or certified mail, return receipt requested, a copy of the summons and complaint to the Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Department of Justice. (5) Upon an officer or agency of the United States, by serving the United States, and by delivering or by mailing by registered or certified mail, return receipt requested, a copy of the summons and complaint to such officer or agency. If the agency is a corporation the copy shall be delivered as provided in paragraph (3) of this subdivision (d). (6) Upon a state or municipal corporation or other governmental organization thereof subject to suit, by delivering a copy of the summons and complaint to the chief executive officer thereof or by serving the summons and complaint in the manner prescribed by the law of that state for the service of summons or other like process upon any such defendant. (e) Return. The person serving the process shall make proof of service thereof to the clerk of the court promptly and in any event within the time during which the person served must respond to the process. If service is made by a person other than a United States marshal or deputy United States marshal, such person shall make affidavit thereof. If service is made under subdivision (c)(1)(C)(ii) of this rule, return shall be made by the sender's filing with the clerk of the court the acknowledgment received pursuant to such subdivision. Failure to make proof of service does not affect the validity of the service. (f) Amendment of Proof of Service. The court may allow proof of service of a summons or complaint to be amended at any time, in its discretion and upon such terms as it deems just, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the amendment is allowed. (g) Alternative Provisions for Service in a Foreign Country. (1) Manner. Whenever a statute of the United States or an order of court thereunder provides for service of a summons and complaint, or of a notice, or of an order in lieu of a summons and complaint, upon a party not an inhabitant of or found within the United States, service may be made under the circumstances and in the manner prescribed by the statute or order, or, if there is no provision therein prescribing the manner of service and service is to be effected upon a party in a foreign country, it is sufficient if service of the summons and complaint is made: (A) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or (B) as directed by the foreign authority in response to a letter rogatory, when service in either case is reasonably calculated to give actual notice; or (C) upon an individual, by delivery to the individual personally, and upon a corporation or partnership or association, by delivery to an officer, a managing or general agent; or (D) by any form of mail, requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or (E) as directed by order of the court. Service under (C) or (E) above may be made by any person who is not a party and is not less than 18 years of age or who is designated by order of this court or by the foreign court. (2) Return. Proof of service may be made as prescribed by subdivision (e) of this rule, or by the law of the foreign country, or by order of this court. When service is made pursuant to paragraph (1)(D) of this subdivision (g), proof of service shall include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to this court. (h) Summons and Complaint - Time Limit for Service. If a service of the summons and complaint is not made upon a defendant within 120 days after the action is commenced and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion. This subdivision shall not apply to service in a foreign country pursuant to subdivision (g) of this rule. -SOURCE- (As amended Jan. 1, 1982; Oct. 3, 1984, eff. Jan. 1, 1985; July 21, 1986, eff. Oct. 1, 1986; July 28, 1988, eff. Nov. 1, 1988.) -MISC1- PRACTICE COMMENT The clerk is authorized by Rule 4(a) to make service of the summons only in those actions commenced by a summons, i.e., actions described in 28 U.S.C. Sec. 1581(a) or (b), and only those actions described in 28 U.S.C. Sec. 1581 (c) which contest a determination listed in section 516A(a)(2) of the Tariff Act of 1930. In all other actions, including those actions described in 28 U.S.C. Sec. 1581(c) which contest a determination listed in section 516A(a)(1) of the Tariff Act of 1930, the plaintiff is required by Rule 4(b) to effect concurrent service of the summons and complaint. The notice and acknowledgment of service as prescribed by Rule 4(c)(1)(C)(ii) shall be substantially in the form set forth in Form 14 of the Appendix of Forms. -REFTEXT- REFERENCES IN TEXT Section 516A of the Tariff Act of 1930, referred to in subd. (a)(4), is classified to section 1516a of Title 19, Customs Duties. ------DocID 37540 Document 282 of 401------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Form 4 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE APPENDIX OF FORMS -HEAD- Form 4 *** ILLUSTRATIONS OR TABLE DATA OMITTED *** -STATUTE- SAVE PAGE FOR ILLUSTRATION ------DocID 37571 Document 283 of 401------ -CITE- 29 USC Sec. 4 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 4. Duties of Commissioner in general -STATUTE- It shall be the duty of the Commissioner of Labor Statistics to ascertain the effect of the customs laws, and the effect thereon of the state of the currency, in the United States, on the agricultural industry, especially as to its effect on mortgage indebtedness of farmers. He shall also establish a system of reports by which, at intervals of not less than two years, he can report the general condition, so far as production is concerned, of the leading industries of the country. He is also specially charged to investigate the causes of, and facts relating to, all controversies and disputes between employers and employees as they may occur, and which may tend to interfere with the welfare of the people of the different States. He shall also obtain such information upon the various subjects committed to him as he may deem desirable from different foreign nations, and what, if any, convict-made goods are imported into this country, and if so from whence. -SOURCE- (June 13, 1888, ch. 389, Sec. 7, 25 Stat. 183; Aug. 23, 1912, ch. 350, Sec. 1, 37 Stat. 407; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; May 29, 1928, ch. 901, Sec. 1(110), (111), 45 Stat. 994.) -REFTEXT- REFERENCES IN TEXT The customs laws, referred to in text, are classified generally to Title 19, Customs Duties. -COD- CODIFICATION Section is from act June 13, 1888. Act June 13, 1888, also contained other provisions relating to duties of former Commissioner of Labor to ascertain cost of producing, in leading countries, articles dutiable in United States, comparative cost of living, etc., which have been omitted from this section because of act Aug. 23, 1912, transferring those duties to Bureau of Foreign and Domestic Commerce. Act Aug. 23, 1912, transferred the duty of former Commissioner of Labor to ascertain the cost of producing, in leading countries, articles dutiable in the United States, the profits of the manufacturers and producers of such articles, the comparative cost of such articles, comparative cost of living in such countries, what articles are controlled by trusts and the effect they have on prices and production, to the Bureau of Foreign and Domestic Commerce. Text of said act is set out as section 172 of Title 15, Commerce and Trade. Act Mar. 4, 1913, authorized the substitution of 'Commissioner of Labor Statistics' for 'Commissioner of Labor'. -MISC3- AMENDMENTS 1928 - Act May 29, 1928, repealed provisions requiring reports to Congress on investigations required by this section, and is authority for omission of 'and report as to' after 'ascertain' in first sentence and 'and report thereon to Congress' at end of third sentence relating to information from foreign nations, and convict made goods. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37591 Document 284 of 401------ -CITE- 29 USC CHAPTER 4 -EXPCITE- TITLE 29 CHAPTER 4 -HEAD- CHAPTER 4 - VOCATIONAL REHABILITATION OF PERSONS INJURED IN INDUSTRY ------DocID 37608 Document 285 of 401------ -CITE- 29 USC Sec. 49c-4 -EXPCITE- TITLE 29 CHAPTER 4B -HEAD- Sec. 49c-4. Transferred -COD- CODIFICATION Section, Pub. L. 88-136, title I, Oct. 11, 1963, 77 Stat. 226, which related to personnel standards, was transferred to section 49n of this title and subsequently omitted from the Code. ------DocID 38003 Document 286 of 401------ -CITE- 29 USC subpart 4 -EXPCITE- TITLE 29 CHAPTER 17 SUBCHAPTER IV Part A subpart 4 -HEAD- subpart 4 - general provisions ------DocID 38060 Document 287 of 401------ -CITE- 29 USC part 4 -EXPCITE- TITLE 29 CHAPTER 18 SUBCHAPTER I Subtitle B part 4 -HEAD- part 4 - fiduciary responsibility -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 1002, 1055, 1056, 1132, 1201, 1342, 1349 of this title. ------DocID 38197 Document 288 of 401------ -CITE- 29 USC part 4 -EXPCITE- TITLE 29 CHAPTER 18 SUBCHAPTER III Subtitle E part 4 -HEAD- part 4 - financial assistance ------DocID 38460 Document 289 of 401------ -CITE- 30 USC Sec. 4 -EXPCITE- TITLE 30 CHAPTER 1 -HEAD- Sec. 4. Investigation of lignite coal and peat -STATUTE- The Secretary of the Interior is authorized and directed to make experiments and investigations, through the Bureau of Mines, of lignite coals and peat, to determine the commercial and economic practicability of their utilization in producing fuel oil, gasoline substitutes, ammonia, tar, solid fuels, gas for power, and other purposes. The Secretary of the Interior is authorized and directed subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.), to sell or otherwise dispose of any property, plant, or machinery purchased or acquired under the provisions of this section, as soon as the experiments and investigations authorized have been concluded, and report the results of such experiments and investigations to Congress. -SOURCE- (Feb. 25, 1919, ch. 23, Sec. 1, 2, 40 Stat. 1154; Ex. Ord. No. 4239, June 4, 1925; Ex. Ord. No. 6611, Feb. 22, 1934; Oct. 31, 1951, ch. 654, Sec. 2(18), 65 Stat. 707.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to disposal of government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables. -COD- CODIFICATION First sentence of this section is from first clause of section 1 of act Feb. 25, 1919. Second sentence is from section 2 of said act. -MISC3- AMENDMENTS 1951 - Act Oct. 31, 1951, inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended. -TRANS- TRANSFER OF FUNCTIONS See note set out under section 1 of this title. ------DocID 38664 Document 290 of 401------ -CITE- 30 USC CHAPTER 4 -EXPCITE- TITLE 30 CHAPTER 4 -HEAD- CHAPTER 4 - LEASE OF GOLD, SILVER, OR QUICKSILVER DEPOSITS WHEN TITLE CONFIRMED BY COURT OF PRIVATE LAND CLAIMS -MISC1- Sec. 291. Lease of gold, silver, or quicksilver deposits on lands title to which confirmed by Court of Private Land Claims. 292. Royalties and rentals; disposition. 293. Duties of Secretary of the Interior. ------DocID 39686 Document 291 of 401------ -CITE- 33 USC Sec. 4 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 4. Water gauges on Mississippi River and tributaries -STATUTE- The Secretary of the Army is authorized and directed to have water gauges established, and daily observations made of the rise and fall of the Mississippi River and its tributaries. For the purpose of securing the uninterrupted gauging of the waters of the Mississippi River and its tributaries, as provided for in this section, upon the application of the Chief of Engineers, the Secretary of the Army is authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $9,600. -SOURCE- (R.S. Sec. 5252; Aug. 11, 1888, ch. 860, Sec. 6, 25 Stat. 424; June 13, 1902, ch. 1079, Sec. 9, 32 Stat. 374; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat. 967.) -COD- CODIFICATION R.S. Sec. 5252 derived from Res. Feb. 21, 1871, No. 40, 16 Stat. 598. The first paragraph of this section is from R.S. Sec. 5252, which, as enacted, authorized and directed the establishment of water gauges and the making of daily observations at or in the vicinity of certain enumerated places, and at such other places as the Secretary of War might deem advisable. It further provided that the expenditure should be made from the appropriation for the improvement of rivers and harbors and that the annual cost of the observations should not exceed $5,000. These latter provisions were apparently modified by section 6 of act Aug. 11, 1888, as amended by section 9 of act June 13, 1902, which was substantially the second paragraph of this section. As originally enacted, section 6 of act Aug. 11, 1888, provided for the gauging of the waters of the Lower Mississippi and tributaries, and limited the cost for each year to the amount appropriated in the act for such purpose. -MISC3- AMENDMENTS 1954 - Act Aug. 30, 1954, repealed proviso requiring that an itemized statement of expenses incurred in gauging waters of the Mississippi River and its tributaries, as provided in this section, should accompany the annual report of the Chief of Engineers. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -MISC4- APPROPRIATIONS Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the title 'Gauging waters of the Mississippi and its tributaries (fiscal year) (8-961.54)' effective July 1, 1935, and provided that such portions of any Acts as make permanent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations. ------DocID 39808 Document 292 of 401------ -CITE- 33 USC CHAPTER 4 -EXPCITE- TITLE 33 CHAPTER 4 -HEAD- CHAPTER 4 - NAVIGATION RULES FOR GREAT LAKES AND THEIR CONNECTING AND TRIBUTARY WATERS -MISC1- Prior rules for preventing collision prescribed by R.S. Sec. 4233 to be followed by vessels of the Navy and mercantile marine of the United States, applicable originally to all waters, were superseded as to navigation on the high seas and waters connected therewith by the International Rules (act Aug. 19, 1890, ch. 802 (sec. 61 et seq. of this title)) were superseded as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal, by act Feb. 8, 1895, ch. 64 (section 241 et seq. of this title); were adopted as special rules for the navigation of harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal by act of Feb. 19, 1895, ch. 102 (see section 301 et seq. of this title); and were superseded as to navigation of all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries by act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 96 (section 151 et seq. of this title), leaving them applicable solely to the Red River of the North and rivers emptying into the Gulf of Mexico. See section 2001 et seq. of this title. ------DocID 40174 Document 293 of 401------ -CITE- 33 USC Sec. 701b-4 -EXPCITE- TITLE 33 CHAPTER 15 -HEAD- Sec. 701b-4. Administration of surveys; number authorized; reports -STATUTE- The surveys authorized to be performed under the direction of the Secretary of the Army as well as all duties performed by the Chief of Engineers under the direction of the Secretary of the Army shall be functions of the Engineer Corps, United States Army, and its head, to be administered under the direction of the Secretary of the Army and the supervision of the Chief of Engineers except as otherwise specifically provided by Congress: Provided, That the power and authority conferred by the Flood Control Act of June 28, 1938, and previously conferred, upon the Federal Power Commission shall remain in full force and effect: Provided, That no preliminary examination, survey, project, or estimate for new works other than those designated in this Act or some prior Act or joint resolution shall be made: Provided further, That after the regular or formal reports made as required by law on any examination, survey, project, or work under way or proposed, are submitted, no supplemental or additional report or estimate shall be made unless authorized by law. -SOURCE- (Aug. 11, 1939, ch. 699, Sec. 6, 53 Stat. 1415; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT The Flood Control Act of June 28, 1938, referred to in text, is act June 28, 1938, ch. 795, 52 Stat. 1215, as amended, which to the extent classified to the Code is classified to sections 701b, 701b-1, 701b-2, 701c-1, 701f-1, 701i, 701j, 702a-1 1/2, 702a-11, and 706 of this title. For complete classification of this Act to the Code, see Tables. This Act, referred to in text, is act Aug. 11, 1939, ch. 699, 53 Stat. 1414, as amended, which to the extent classified to the Code enacted sections 558b-1, 701b-3, 701b-4, and 707 of this title and amended sections 701c-1 and 701g of this title. For complete classification of this Act to the Code, see Tables. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Federal Power Commission terminated and its functions, personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. For transfer of functions of Federal Power Commission, with certain reservations, to chairman of such Commission, see Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Discontinuance of preliminary examination reports, see section 701b-8a of this title. ------DocID 40215 Document 294 of 401------ -CITE- 33 USC Sec. 702a-1 3/4 -EXPCITE- TITLE 33 CHAPTER 15 -HEAD- Sec. 702a-1 3/4. Further modification; adoption -STATUTE- The project for flood control of the Lower Mississippi River adopted by sections 642a, 702a to 702a-1 1/2, 702a-2 to 702d, and 702e to 702h, 702i to 702m, and 704 of this title is modified and, as modified, is authorized and adopted. -SOURCE- (Aug. 18, 1941, ch. 377, Sec. 3, 55 Stat. 642.) -CROSS- CROSS REFERENCES Modification of Lower Mississippi River flood control project by act Aug. 18, 1941, see section 702a-12 of this title. ------DocID 40218 Document 295 of 401------ -CITE- 33 USC Sec. 702a-4 -EXPCITE- TITLE 33 CHAPTER 15 -HEAD- Sec. 702a-4. Fuse-plug levees -STATUTE- After the Eudora Floodway shall have been constructed and is ready for operation, the fuse-plug levees now at the head of the Boeuf and Tensas Basins shall be constructed to the 1914 grade and the 1928 section. The fuse-plug levees at the head of the Atchafalaya Basin on the west side shall be constructed to the 1914 grade and the 1928 section. The fuse-plug levees at the head of the Atchafalaya Basin on the east side of the Atchafalaya River shall be constructed to the 1914 grade and 1928 section, and, after the Morganza Floodway has been completed, shall be raised to the 1928 grade as provided in section 702a-3 of this title. Thereafter those stretches of said levees which are left as fuse-plug levees shall be reconstructed and maintained as herein provided, subject to the provisions of section 702a-3 of this title. Any funds appropriated under authority of sections 702g-1 and 702k-1 of this title may be expended for this purpose. -SOURCE- (June 15, 1936, ch. 548, Sec. 10, 49 Stat. 1511.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act June 15, 1936, ch. 548, 49 Stat. 1508, as amended, which enacted sections 642a, 702a-1, 702a-2 to 702a-12, 702g-1, 702j-1, 702j-2, 702k-1, and 702k-2 of this title. For complete classification of this Act to the Code, see Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 701c-1, 702a-1, 702a-1 1/2, 702a-1 3/4, 702a-11, 702j-1, 702k-1, 702k-2 of this title. ------DocID 40355 Document 296 of 401------ -CITE- 33 USC Sec. 857-4 -EXPCITE- TITLE 33 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 857-4. Commissary privileges -STATUTE- (a) Extension of privilege Commissioned officers, ships' officers, and members of crews of vessels of the Administration shall be permitted to purchase commissary and quartermaster supplies as far as available from the armed forces at the prices charged officers and enlisted men of those services. (b) Sales of rations, stores, uniforms, and related equipment The Secretary may purchase ration supplies for messes, stores, uniforms, accouterments, and related equipment for sale aboard ship and shore stations of the Administration to members of the uniformed services and to personnel assigned to such ships or shore stations. Sales shall be in accordance with regulations prescribed by the Secretary, and proceeds therefrom shall, as far as is practicable, fully reimburse the appropriations charged without regard to fiscal year. (c) Widows' rights Rights extended to members of the uniformed services in this section are extended to their widows and to such others as are designated by the Secretary concerned. -SOURCE- (Pub. L. 91-621, Sec. 4, Dec. 31, 1970, 84 Stat. 1863.) -MISC1- PRIOR PROVISIONS Provisions contained in subsec. (a) were formerly contained in section 868a of this title. ------DocID 40959 Document 297 of 401------ -CITE- 35 USC Sec. 4 -EXPCITE- TITLE 35 PART I CHAPTER 1 -HEAD- Sec. 4. Restrictions on officers and employees as to interest in patents -STATUTE- Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent and of acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office. In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment. -SOURCE- (July 19, 1952, ch. 950, 66 Stat. 793; Jan. 2, 1975, Pub. L. 93-596, Sec. 1, 88 Stat. 1949.) -MISC1- HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., Sec. 4 (R.S. 480). The language is revised and inability to apply for a patent, included in the original language, is made explicit. The period of disability is increased to include one year after leaving the Office. The further restriction, that no priority date earlier than one year after leaving the Office can be claimed, is added. The one year period is made inapplicable to applications which may be pending when the revised title goes into effect by section 4(g) of the bill. AMENDMENTS 1975 - Pub. L. 93-596 substituted 'Patent and Trademark Office' for 'Patent Office'. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596, set out as a note under section 1111 of Title 15, Commerce and Trade. ------DocID 40981 Document 298 of 401------ -CITE- 35 USC CHAPTER 4 -EXPCITE- TITLE 35 PART I CHAPTER 4 -HEAD- CHAPTER 4 - PATENT FEES -MISC1- Sec. 41. Patent fees. 42. Payment of patent fees; return of excess amounts. (FOOTNOTE 1) (FOOTNOTE 1) Section catchline amended by Pub. L. 96-517 without corresponding amendment of chapter analysis. ------DocID 41126 Document 299 of 401------ -CITE- 36 USC Sec. 4 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 4. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, acts Jan. 5, 1905, ch. 23, Sec. 4, 33 Stat. 600; June 23, 1910, ch. 372, Sec. 1, 36 Stat. 604, related to fraudulent representation or use of insignia. See sections 1, 706 and 917 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 18, Crimes and Criminal Procedure. ------DocID 41204 Document 300 of 401------ -CITE- 36 USC CHAPTER 4 -EXPCITE- TITLE 36 CHAPTER 4 -HEAD- CHAPTER 4 - BELLEAU WOOD MEMORIAL ASSOCIATION -MISC1- Sec. 61. Corporation created. 62. Purposes of corporation. 63. Powers of corporation. 64. Acquisition of assets and liabilities of existing corporation. 65. Annual report. 66. Reservation of right to amend or repeal chapter. ------DocID 41387 Document 301 of 401------ -CITE- 36 USC Sec. 169j-4 -EXPCITE- TITLE 36 CHAPTER 9 -HEAD- Sec. 169j-4. Operations of Martin Luther King, Jr. Federal Holiday Commission -STATUTE- (a) Meetings The Commission shall first meet within 30 days after August 27, 1984. At this first meeting the Commission shall elect a chairperson from among its members and shall meet thereafter at the call of the chairperson. (b) Donations The Commission may encourage the participation of, and accept, use, and dispose of donations of money, property, and personal services from, individuals and public and private organizations to assist the Commission in carrying out its responsibilities under this Act. -SOURCE- (Pub. L. 98-399, Sec. 5, Aug. 27, 1984, 98 Stat. 1474; Pub. L. 101-30, Sec. 7, May 17, 1989, 103 Stat. 61.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (b), is Pub. L. 98-399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sections 169j to 169j-8 of this title. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1989 - Subsec. (c). Pub. L. 101-30 struck out subsec. (c) which provided that Federal Advisory Committee Act did not apply to Commission. ------DocID 43557 Document 302 of 401------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rule 4 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rule 4. When to Appeal -STATUTE- To obtain review by the Court of a Board decision, a person adversely affected by that decision must file a Notice of Appeal within 120 days after the date on which notice of the decision was mailed by the Board to the last known address of the appellant and the appellant's authorized representative, if any. The Notice of Appeal, including one filed by facsimile or other printed electronic transmission, must be received by the Clerk within this time limit. The Clerk shall notify all parties of the date when the Clerk receives the Notice of Appeal. ------DocID 43600 Document 303 of 401------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Form 4 -EXPCITE- TITLE 38 APPENDIX -HEAD- Form 4. Page 1 *** ILLUSTRATIONS OR TABLE DATA OMITTED *** -STATUTE- SAVE PAGE FOR ILLUSTRATION ------DocID 43601 Document 304 of 401------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Form 4 -EXPCITE- TITLE 38 APPENDIX -HEAD- Form 4. Page 2 ------DocID 43616 Document 305 of 401------ -CITE- 39 USC CHAPTER 4 -EXPCITE- TITLE 39 PART I CHAPTER 4 -HEAD- CHAPTER 4 - GENERAL AUTHORITY -MISC1- Sec. 401. General powers of the Postal Service. 402. Delegation of authority. 403. General duties. 404. Specific powers. 405. Printing of illustrations of United States postage stamps. 406. Postal services at Armed Forces installations. 407. International postal arrangements. 408. International money-order exchanges. 409. Suits by and against the Postal Service. 410. Application of other laws. 411. Cooperation with other Government agencies. 412. Nondisclosure of lists of names and addresses. 413. Postal services at diplomatic posts. AMENDMENTS 1990 - Pub. L. 101-524, Sec. 5(b), Nov. 6, 1990, 104 Stat. 2303, added item 413. ------DocID 43964 Document 306 of 401------ -CITE- 40 USC Sec. 166b-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-4. Gratuities for survivors of deceased employees under jurisdiction of Architect of Capitol -STATUTE- Until otherwise provided by law, there is authorized to be paid out of the contingent fund of the House of Representatives, on vouchers signed by the chairman of the Committee on House Administration, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee under the jurisdiction of the Architect of the Capitol who was assigned to duty in the House of Representatives at the time of his death. The payment of each such gratuity shall be in accordance with uniform rules and regulations adopted by the Committee on House Administration except that no such gratuity shall be in excess of that payable to the widow, widower, or heirs-at-law of any deceased employee under the jurisdiction of the Architect of the Capitol having a comparable length of service, who was assigned to similar duties in the Senate at the time of his death. -SOURCE- (Pub. L. 88-454, Sec. 103, Aug. 20, 1964, 78 Stat. 550.) -COD- CODIFICATION Section is based on House Resolution No. 291, June 18, 1963, which was enacted into permanent law by Pub. L. 88-454. ------DocID 43992 Document 307 of 401------ -CITE- 40 USC Sec. 174j-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-4. Special deposit account; establishment; appropriations; approval of payments -STATUTE- There is established with the Treasurer of the United States a special deposit account in the name of the Architect of the Capitol for the United States Senate Restaurants, into which shall be deposited all sums received pursuant to sections 174j-1 to 174j-7 of this title or any amendatory or supplementary resolutions hereafter adopted and from the operations thereunder and from which shall be disbursed the sums necessary in connection with the exercise of the duties required under sections 174j-1 to 174j-7 of this title or any amendatory or supplementary resolutions and the operations thereunder. Any amounts appropriated for fiscal year 1973 and thereafter from the Treasury of the United States, which shall be part of a 'Contingent Expenses of the Senate' item for the particular fiscal year involved, shall be paid to the Architect of the Capitol by the Secretary of the Senate at such times and in such sums as the Senate Committee on Rules and Administration may approve. Any such payment shall be deposited by the Architect in full under such special deposit account. -SOURCE- (Pub. L. 87-82, Sec. 4, July 6, 1961, 75 Stat. 199; Pub. L. 92-51, July 9, 1971, 85 Stat. 129; Pub. L. 92-342, Sec. 101, July 10, 1972, 86 Stat. 435.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-342 substituted provision that amounts appropriated for 1973 and thereafter which shall be part of 'Contingent Expenses of the Senate' be paid to the Architect of the Capitol, for provision that amounts appropriated for 1972 and thereafter specifically for Senate Restaurants as 'Contingent Expenses of the Senate' be paid to Architect of the Capitol. 1971 - Pub. L. 92-51 substituted 'amounts appropriated for fiscal year 1972 and thereafter' for Senate Restaurants for 'amounts hereafter appropriated' for such Restaurants, provision that amounts appropriated specifically for such Restaurants as a Contingent Expense of the Senate item for fiscal year involved shall be paid to Architect of the Capitol, for prior provision declaring amounts appropriated for such Restaurants shall be a part of such Restaurants as a Contingent Expense of Senate for fiscal year involved and for payment of such part to Architect of the Capitol, and provision for approval of payments by Senate Committee on Rules and Administration, including times for payments, for prior provision for payments as appropriations shall specify. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-3, 174j-7, 174j-9 of this title; title 5 section 5533. ------DocID 44024 Document 308 of 401------ -CITE- 40 USC Sec. 188a-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-4. Advisory boards -STATUTE- The Commission may establish appropriate boards to provide advice and assistance to the Commission and to further the purposes of the Commission. The boards shall be composed of members (including chairmen) who shall be appointed by the Commission from public and private life and shall serve at the pleasure of the Commission and each co-chairman of the Commission may appoint one member to any such board. The members of boards under this section may be reimbursed for actual and necessary expenses incurred in the performance of the duties of the boards, at the discretion of the Commission. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 805, Nov. 18, 1988, 102 Stat. 4610.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-2, 188a-5 of this title. ------DocID 44030 Document 309 of 401------ -CITE- 40 USC Sec. 188b-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-4. Authorization of appropriations -STATUTE- There is hereby authorized to be appropriated out of the contingent fund of the Senate for the expenses of the Commission the sum of $15,000 each fiscal year, to be disbursed by the Secretary of the Senate on vouchers signed by the Chairman or Vice Chairman of the Commission: Provided, That no payment shall be made from such appropriation as salary. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.) -COD- CODIFICATION Section is based on section 5 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law by Pub. L. 100-696. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44146 Document 310 of 401------ -CITE- 40 USC Sec. 276a-4 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-4. Effective date of sections 276a to 276a-5 -STATUTE- Sections 276a to 276a-5 of this title shall take effect thirty days after August 30, 1935, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding on August 30, 1935. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 5, as added Aug. 30, 1935, ch. 825, 49 Stat. 1013.) ------DocID 44183 Document 311 of 401------ -CITE- 40 USC CHAPTER 4 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- CHAPTER 4 - THE PUBLIC PROPERTY -MISC1- Sec. 301. Charge of property transferred to the United States. 302 to 303a. Repealed. 303b. Lease of buildings by Government; money consideration. 303c. Maintenance and repair of Government improvements under concession contracts. 304. Disposal of lands acquired by devise. 304a. Disposition of surplus real property; assignment to governmental agency; lease; sale. 304a-1. Expenses of sale; maintenance. 304a-2. Demolition; historic buildings. 304b. Alterations and repairs to real property assigned; payment by agency. 304c. Payment by agencies of rent, repairs, alterations, maintenance, operation, and moving costs. 304d. Regulations under sections 304a to 304e. 304e. 'Federal agency', as used in sections 304a to 304e, defined. 304f. Disposition of property abandoned or forfeited to United States; definitions of words used in sections 304f to 304m. 304g. Disposition of property voluntarily abandoned to United States. 304h. Disposition of property forfeited to United States. 304i. Disposition of property subject to pending court proceedings for forfeiture. 304j. Appropriation available for maintenance, etc., of abandoned and forfeited property, payment of liens and other charges. 304k. Retention or delivery of abandoned or forfeited property deemed sale with respect to informer's fees and mitigation of forfeiture. 304l. Reports by agencies concerning abandoned or forfeited property; rules and regulations. 304m. Effect on other laws; abandoned or forfeited property excluded from allocation. 305. Power to obtain releases. 306. Release of lands in certain cases. 307. Omitted. 308. Releasing property from attachment. 309. Payment. 310. Abandoned property. 311, 311a. Repealed. 311b. Disposition of unfit horses and mules. 312 to 313a. Repealed or Omitted. 314. Sale of war supplies, lands, and buildings. 314a, 315. Omitted. 316. Disposition of securities. 317. Repealed. 318. Special police. (a) Appointment. (b) Powers. 318a. Rules and regulations; posting. 318b. Application for protection; detail of special police; utilization of Federal law-enforcement agencies. 318c. Penalties. 318d. Nonuniformed special policemen; powers; arrests without warrant. 319. Grant of easements; authority of executive agencies; application; protection of Federal interests; consideration; legislative jurisdiction: notice of relinquishment, acceptance and State proceedings. 319a. Termination of easements; notice to grantees, successors or assignees; effective date. 319b. Additional easement authority. 319c. Definitions for easement provisions. ------DocID 44666 Document 312 of 401------ -CITE- 41 USC CHAPTER 4 -EXPCITE- TITLE 41 CHAPTER 4 -HEAD- CHAPTER 4 - PROCUREMENT PROCEDURES -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 201 to 205. Transferred. SUBCHAPTER II - GENERAL SERVICES ADMINISTRATION 211 to 219. Transferred. SUBCHAPTER III - PROPERTY MANAGEMENT 231 to 240. Transferred. SUBCHAPTER IV - PROCUREMENT PROVISIONS 251. Declaration of purpose of this subchapter. 252. Purchases and contracts for property. (a) Applicability of subchapter; delegation of authority. (b) Small business concerns; share of business. (c) Authorization of erection, repair, or furnishing of public buildings or improvements; contracts for construction or repair of buildings, roads, sidewalks, sewers, mains, etc.; Federal Highway Lands Program. 253. Competition requirements. (a) Procurement through full and open competition; competitive procedures. (b) Exclusion of particular source; restriction of solicitation to small business concerns. (c) Use of noncompetitive procedures. (d) Property or services deemed available from only one source; nondelegable authority. (e) Offer requests to potential sources. (f) Justification for use of noncompetitive procedures. (g) Simplified procedures for small purchases. 253a. Planning and solicitation requirements. 253b. Evaluation and award. (a) Basis. (b) Rejection of bids or proposals. (c) Opening of bids; promptness of award; written notice. (d) Discussions with offerors; written notification. (e) Antitrust violations. (f) Planning for future competition. 253c. Encouragement of new competition. (a) 'Qualification requirement' defined. (b) Agency head; functions; prior to enforcement of qualification requirement. (c) Applicability; waiver authority; referral of offers. (d) Number; qualified sources or products; fewer than two actual manufacturers; functions of agency head. (e) Examination; need for qualification requirement. (f) Enforcement determination by agency head. 253d. Validation of proprietary data restrictions. (a) Contracts; delivery of technical services; contents. (b) Review; challenge; notice. (c) Written request; additional time; schedule of responses. (d) Decision; validity of asserted restriction; failure to submit response. (e) Claim; considered claim within Contract Disputes Act of 1978. (f) Challenge; use of technical data; sustained; liability of United States for costs and fees. 253e. Commercial pricing for supplies. (a) Price to United States. (b) Certification. (c) Applicability. 253f. Economic order qualities. (a) Procurement of supplies; costs advantageous to United States. (b) Opinions; economic advantage to United States. 253g. Prohibition of contractors limiting subcontractor sales directly to United States. (a) Contract restrictions. (b) Rights under law. 254. Contract requirements. (a) Contracts awarded using procedures other than sealed-bid procedures. (b) Barred contracts; fee limitation; determination of use; advance notification. (c) Examination of books, records, etc., of contractors; time limitation; exemptions; exceptional conditions; reports to Congress. (d) Submission of cost or pricing data by contractors and subcontractors; certificate; adjustment of price; inspection of books, records, etc.; necessity of data; exceptions. 254a. Cost-type research and development contracts with educational institutions. 255. Advance or other payments. (a) Conditions. (b) Amount. (c) Security. 256. Limitations on allowability of costs incurred by contractors in certain proceedings. (a) Violation of Federal or State statute or regulation. (b) Dispositions. (c) Proceeding commenced by United States; consent or compromise. (d) Proceeding commenced by State; contract term or written instructions of agency. (e) Amount; regulations; other proceedings. (f) Definitions. 256a. Waiver of liquidated damages. 257. Administrative determinations. (a) Conclusiveness; delegation of powers. (b) Nondelegable powers; powers delegable to certain persons. (c) Basis of determinations; finding conclusive; preservation of findings; copy. (d) Preservation of data. 258. Laws applicable to contracts. 259. Definitions. 260. Laws not applicable to contracts. 261. Internal Revenue Service procurement of expert services. SUBCHAPTER V - FOREIGN EXCESS PROPERTY 271 to 274. Transferred. SUBCHAPTER VI - FEDERAL RECORD MANAGEMENT 281 to 291. Transferred. ------DocID 44770 Document 313 of 401------ -CITE- 42 USC Sec. 3, 4 -EXPCITE- TITLE 42 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 3, 4. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 3, acts July 1, 1902, ch. 1370, Sec. 9, 32 Stat. 714; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for rules and regulations of service by the President. See section 216 of this title. Section 4, R.S. Sec. 4802; acts July 1, 1902, ch. 1370, Sec. 9, 32 Stat. 714; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for an annual report by Surgeon General to Federal Security Administrator. See section 229 of this title. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b). Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. ------DocID 44815 Document 314 of 401------ -CITE- 42 USC CHAPTER 4 -EXPCITE- TITLE 42 CHAPTER 4 -HEAD- CHAPTER 4 - VIRUSES, SERUMS, TOXINS, ANTITOXINS, ETC. ------DocID 44894 Document 315 of 401------ -CITE- 42 USC Sec. 242q-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER II Part A -HEAD- Sec. 242q-4. Definitions -STATUTE- For purposes of sections 242q to 242q-5 of this title: (1) Aging research (A) The term 'aging research' means research on the aging process and on the diagnosis and treatment of diseases, disorders, and complications related to aging, including menopause. Such research includes research on such treatments, and on medical devices and other medical interventions regarding such diseases, disorders, and complications, that can assist individuals in avoiding institutionalization and prolonged hospitalization and in otherwise increasing the independence of the individuals. (B) For purposes of subparagraph (A), the term 'independence', with respect to diseases, disorders, and complications of aging, means the functional ability of individuals to perform activities of daily living or instrumental activities of daily living without assistance or supervision. (2) Secretary The term 'Secretary' means the Secretary of Health and Human Services. (3) Task Force The term 'Task Force' means the Task Force on Aging Research established under section 242q(a) of this title. -SOURCE- (Pub. L. 101-557, title III, Sec. 305, Nov. 15, 1990, 104 Stat. 2770.) -COD- CODIFICATION Section was enacted as part of the Home Health Care and Alzheimer's Disease Amendments of 1990, and not as part of the Public Health Service Act which comprises this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 242q, 242q-5 of this title. ------DocID 45021 Document 316 of 401------ -CITE- 42 USC Sec. 280c-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER II Part L subpart ii -HEAD- Sec. 280c-4. Limitation on duration of grant and requirement of matching funds -STATUTE- (a) Limitation on duration of grant The period during which payments are made to a State from a grant under section 280c-3(a) of this title may not exceed 3 years. Such payments shall be subject to annual evaluation by the Secretary. (b) Requirement of matching funds (1)(A) For the first year of payments to a State from a grant under section 280c-3(a) of this title, the Secretary may not make such payments in an amount exceeding 75 percent of the costs of services to be provided by the State pursuant to such section. (B) For the second year of such payments to a State, the Secretary may not make such payments in an amount exceeding 65 percent of the costs of such services. (C) For the third year of such payments to a State, the Secretary may not make such payments in an amount exceeding 55 percent of the costs of such services. (2) The Secretary may not make a grant under section 280c-3(a) of this title to a State unless the State agrees to make available, directly or through donations from public or private entities, non-Federal contributions toward the costs of services to be provided pursuant to such section in an amount equal to - (A) for the first year of payments to the State from the grant, not less than $25 (in cash or in kind under subsection (c) of this section) for each $75 of Federal funds provided in the grant; (B) for the second year of such payments to the State, not less than $35 (in cash or in kind under subsection (c) of this section) for each $65 of such Federal funds; and (C) for the third year of such payments to the State, not less than $45 (in cash or in kind under subsection (c) of this section) for each $55 of such Federal funds. (c) Determination of amount of non-Federal contribution Non-Federal contributions required in subsection (b) of this section may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. -SOURCE- (July 1, 1944, ch. 373, title III, Sec. 399, as added Nov. 29, 1987, Pub. L. 100-175, title VI, Sec. 602, 101 Stat. 982.) -MISC1- PRIOR PROVISIONS A prior section 399 of act July 1, 1944, ch. 373, title III, formerly Sec. 399b, as added Oct. 22, 1965, Pub. L. 89-291, Sec. 2, 79 Stat. 1066, renumbered Sec. 399a and amended Mar. 13, 1970, Pub. L. 91-212, Sec. 10(c)(3), (d)(2)(A), 84 Stat. 67; renumbered Sec. 399, July 23, 1974, Pub. L. 93-353, title II, Sec. 204, 88 Stat. 373; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat.