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sections or parts thereof of the Statutes at Large or the Revised Statutes covering provisions codified in this Act are repealed insofar as the provisions appeared in former Title 4, and provided that any rights or liabilities now existing under the repealed sections or parts thereof shall not be affected by the repeal.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. 695, which related to the maintenance of records by recipients of grants and audits thereof by the Secretary of Health and Human Services and the Comptroller General of the United States, and which was classified to section 280b-11 of this title, was repealed by Pub. L. 99-158, Sec. 3(b), Nov. 20, 1985, 99 Stat. 879. ------DocID 45040 Document 317 of 401------ -CITE- 42 USC Sec. 285a-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 1 -HEAD- Sec. 285a-4. President's Cancer Panel; establishment, membership, etc., functions -STATUTE- (a)(1) The President's Cancer Panel (hereafter in this section referred to as the 'Panel') shall be composed of three persons appointed by the President who by virtue of their training, experience, and background are exceptionally qualified to appraise the National Cancer Program. At least two members of the Panel shall be distinguished scientists or physicians. (2)(A) Members of the Panel shall be appointed for three-year terms, except that (i) any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of such term, and (ii) a member may serve until the member's successor has taken office. If a vacancy occurs in the Panel, the President shall make an appointment to fill the vacancy not later than 90 days after the date the vacancy occurred. (B) The President shall designate one of the members to serve as the chairman of the Panel for a term of one year. (C) Members of the Panel shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties as members of the Panel and shall be paid or reimbursed, in accordance with title 5, for their travel to and from their place of service and for other expenses associated with their assignment. (3) The Panel shall meet at the call of the chairman, but not less often than four times a year. A transcript shall be kept of the proceedings of each meeting of the Panel, and the chairman shall make such transcript available to the public. (b) The Panel shall monitor the development and execution of the activities of the National Cancer Program, and shall report directly to the President. Any delays or blockages in rapid execution of the Program shall immediately be brought to the attention of the President. The Panel shall submit to the President periodic progress reports on the National Cancer Program and shall submit to the President, the Secretary, and the Congress an annual evaluation of the efficacy of the Program and suggestions for improvements, and shall submit such other reports as the President shall direct. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 415, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 835.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 relating to reimbursement for travel expenses, referred to in subsec. (a)(2)(C), are classified generally to section 5701 et seq. of Title 5, Government Organization and Employees. -MISC2- TERMINATION OF ADVISORY PANELS Advisory panels 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 panel established by the President or an officer of the Federal Government, such panel is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a panel 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. Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 45047 Document 318 of 401------ -CITE- 42 USC Sec. 285b-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 2 -HEAD- Sec. 285b-4. National research and demonstration centers -STATUTE- (a) Heart, blood vessel, lung, blood diseases, and blood resources; utilization of centers for prevention programs (1) The Director of the Institute may provide, in accordance with subsection (c) of this section, for the development of - (A) ten centers for basic and clinical research into, training in, and demonstration of, advanced diagnostic, prevention, and treatment and rehabilitation methods (including methods of providing emergency medical services) for heart and blood vessel diseases; (B) ten centers for basic and clinical research into, training in, and demonstration of, advanced diagnostic, prevention, and treatment and rehabilitation methods (including methods of providing emergency medical services) for lung diseases (including bronchitis, emphysema, asthma, cystic fibrosis, and other lung diseases of children); and (C) ten centers for basic and clinical research into, training in, and demonstration of, advanced diagnostic, prevention, and treatment methods (including methods of providing emergency medical services) for blood diseases and research into blood, in the use of blood products and in the management of blood resources. (2) The centers developed under paragraph (1) shall, in addition to being utilized for research, training, and demonstrations, be utilized for the following prevention programs for cardiovascular, pulmonary, and blood diseases: (A) Programs to develop improved methods of detecting individuals with a high risk of developing cardiovascular, pulmonary, and blood diseases. (B) Programs to develop improved methods of intervention against those factors which cause individuals to have a high risk of developing such diseases. (C) Programs to develop health professions and allied health professions personnel highly skilled in the prevention of such diseases. (D) Programs to develop improved methods of providing emergency medical services for persons with such diseases. (E) Programs of continuing education for health and allied health professionals in the diagnosis, prevention, and treatment of such diseases and the maintenance of health to reduce the incidence of such diseases and information programs for the public respecting the prevention and early diagnosis and treatment of such diseases and the maintenance of health. (3) The research, training, and demonstration activities carried out through any such center may relate to any one or more of the diseases referred to in paragraph (1) of this subsection. (b) Sickle cell anemia The Director of the Institute shall provide, in accordance with subsection (c) of this section, for the development of ten centers for basic and clinical research into the diagnosis, treatment, and control of sickle cell anemia. (c) Cooperative agreements and grants for establishing and supporting; uses for Federal payments; period of support, additional periods (1) The Director of the Institute may enter into cooperative agreements with and make grants to public or private nonprofit entities to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for centers for basic and clinical research into, training in, and demonstration of the management of blood resources and advanced diagnostic, prevention, and treatment methods for heart, blood vessel, lung, or blood diseases. (2) A cooperative agreement or grant under paragraph (1) shall be entered into in accordance with policies established by the Director of NIH and after consultation with the Institute's advisory council. (3) Federal payments made under a cooperative agreement or grant under paragraph (1) may be used for - (A) construction (notwithstanding any limitation under section 289e of this title); (B) staffing and other basic operating costs, including such patient care costs as are required for research; (C) training, including training for allied health professionals; and (D) demonstration purposes. As used in this subsection, the term 'construction' does not include the acquisition of land, and the term 'training' does not include research training for which National Research Service Awards may be provided under section 288 of this title. (4) Support of a center under paragraph (1) may be for a period of not to exceed five years. Such period may be extended by the Director for additional periods of not more than five years each if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 422, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 839, and amended Nov. 4, 1988, Pub. L. 100-607, title I, Sec. 128, 102 Stat. 3055.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(1)(A), (B). Pub. L. 100-607 inserted 'and rehabilitation' after 'prevention, and treatment'. ------DocID 45055 Document 319 of 401------ -CITE- 42 USC Sec. 285c-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 3 -HEAD- Sec. 285c-4. Advisory boards -STATUTE- (a) Establishment The Secretary shall establish in the Institute the National Diabetes Advisory Board, the National Digestive Diseases Advisory Board, and the National Kidney and Urologic Diseases Advisory Board (hereafter in this section individually referred to as an 'Advisory Board'). (b) Membership; ex officio members Each Advisory Board shall be composed of eighteen appointed members and nonvoting ex officio members as follows: (1) The Secretary shall appoint - (A) twelve members from individuals who are scientists, physicians, and other health professionals, who are not officers or employees of the United States, and who represent the specialties and disciplines relevant to the diseases with respect to which the Advisory Board is established; and (B) six members from the general public who are knowledgeable with respect to such diseases, including at least one member who is a person who has such a disease and one member who is a parent of a person who has such a disease. Of the appointed members at least five shall by virtue of training or experience be knowledgeable in the fields of health education, nursing, data systems, public information, and community program development. (2)(A) The following shall be ex officio members of each Advisory Board: (i) The Assistant Secretary for Health, the Director of NIH, the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, the Director of the Centers for Disease Control, the Chief Medical Director of the Veterans' Administration, the Assistant Secretary of Defense for Health Affairs, and the Division Director of the National Institute of Diabetes and Digestive and Kidney Diseases for the diseases for which the Board is established (or the designees of such officers). (ii) Such other officers and employees of the United States as the Secretary determines necessary for the Advisory Board to carry out its functions. (B) In the case of the National Diabetes Advisory Board, the following shall also be ex officio members: The Director of the National Heart, Lung, and Blood Institute, the Director of the National Eye Institute, the Director of the National Institute of Child Health and Human Development, and the Administrator of the Health Resources and Services Administration (or the designees of such officers). (c) Compensation Members of an Advisory Board who are officers or employees of the Federal Government shall serve as members of the Advisory Board without compensation in addition to that received in their regular public employment. Other members of the Board shall receive compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule for each day (including traveltime) they are engaged in the performance of their duties as members of the Board. (d) Term of office; vacancy The term of office of an appointed member of an Advisory Board is four years, except that no term of office may extend beyond the expiration of the Advisory Board. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has taken office. If a vacancy occurs in an Advisory Board, the Secretary shall make an appointment to fill the vacancy not later than 90 days from the date the vacancy occurred. (e) Chairman The members of each Advisory Board shall select a chairman from among the appointed members. (f) Executive director; professional and clerical staff; administrative support services and facilities The Secretary shall, after consultation with and consideration of the recommendations of an Advisory Board, provide the Advisory Board with an executive director and one other professional staff member. In addition, the Secretary shall, after consultation with and consideration of the recommendations of the Advisory Board, provide the Advisory Board with such additional professional staff members, such clerical staff members, such services of consultants, such information, and (through contracts or other arrangements) such administrative support services and facilities, as the Secretary determines are necessary for the Advisory Board to carry out its functions. (g) Meetings Each Advisory Board shall meet at the call of the chairman or upon request of the Director of the Institute, but not less often than four times a year. (h) Functions of National Diabetes Advisory Board and National Digestive Diseases Advisory Board The National Diabetes Advisory Board and the National Digestive Diseases Advisory Board shall - (1) review and evaluate the implementation of the plan (referred to in section 285c-7 of this title) respecting the diseases with respect to which the Advisory Board was established and periodically update the plan to ensure its continuing relevance; (2) for the purpose of assuring the most effective use and organization of resources respecting such diseases, advise and make recommendations to the Congress, the Secretary, the Director of NIH, the Director of the Institute, and the heads of other appropriate Federal agencies for the implementation and revision of such plan; and (3) maintain liaison with other advisory bodies related to Federal agencies involved in the implementation of such plan, the coordinating committee for such diseases, and with key non-Federal entities involved in activities affecting the control of such diseases. (i) Subcommittees; establishment and membership In carrying out its functions, each Advisory Board may establish subcommittees, convene workshops and conferences, and collect data. Such subcommittees may be composed of Advisory Board members and nonmember consultants with expertise in the particular area addressed by such subcommittees. The subcommittees may hold such meetings as are necessary to enable them to carry out their activities. (j) Annual report Each Advisory Board shall prepare an annual report for the Secretary which - (1) describes the Advisory Board's activities in the fiscal year for which the report is made; (2) describes and evaluates the progress made in such fiscal year in research, treatment, education, and training with respect to the diseases with respect to which the Advisory Board was established; (3) summarizes and analyzes expenditures made by the Federal Government for activities respecting such diseases in such fiscal year; and (4) contains the Advisory Board's recommendations (if any) for changes in the plan referred to in section 285c-7 of this title. (k) Termination of predecessor boards; time within which to appoint members The National Diabetes Advisory Board and the National Digestive Diseases Advisory Board in existence on November 20, 1985, shall terminate upon the appointment of a successor Board under subsection (a) of this section. The Secretary shall make appointments to the Advisory Boards established under subsection (a) of this section before the expiration of 90 days after November 20, 1985. The members of the Boards in existence on November 20, 1985, may be appointed, in accordance with subsections (b) and (d) of this section, to the Boards established under subsection (a) of this section for diabetes and digestive diseases, except that at least one-half of the members of the National Diabetes Advisory Board in existence on November 20, 1985, shall be appointed to the National Diabetes Advisory Board first established under subsection (a) of this section. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 430, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 844, and amended Nov. 4, 1988, Pub. L. 100-607, title I, Sec. 131, 102 Stat. 3056.) -MISC1- AMENDMENTS 1988 - Subsecs. (k), (l). Pub. L. 100-607 redesignated subsec. (l) as (k) and struck out former subsec. (k) which read as follows: 'Each Advisory Board shall expire on September 30, 1988.' -CHANGE- CHANGE OF NAME Reference to Chief Medical Director of Veterans' Administration deemed to refer to Chief Medical Director of 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- 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. Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 285c-3 of this title. ------DocID 45059 Document 320 of 401------ -CITE- 42 USC subpart 4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 4 -HEAD- subpart 4 - national institute of arthritis and musculoskeletal and skin diseases ------DocID 45064 Document 321 of 401------ -CITE- 42 USC Sec. 285d-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 4 -HEAD- Sec. 285d-4. Interagency coordinating committees -STATUTE- (a) Establishment and purpose For the purpose of - (1) better coordination of the research activities of all the national research institutes relating to arthritis, musculoskeletal diseases, and skin diseases, including sports-related disorders; and (2) coordinating the aspects of all Federal health programs and activities relating to arthritis, musculoskeletal diseases, and skin diseases in order to assure the adequacy and technical soundness of such programs and activities and in order to provide for the full communication and exchange of information necessary to maintain adequate coordination of such programs and activities, the Secretary shall establish an Arthritis and Musculoskeletal Diseases Interagency Coordinating Committee and a Skin Diseases Interagency Coordinating Committee (hereafter in this section individually referred to as a 'Committee'). (b) Membership; chairman; meetings Each Committee shall be composed of the Directors of each of the national research institutes and divisions involved in research regarding the diseases with respect to which the Committee is established, the Chief Medical Director of the Veterans' Administration, and the Assistant Secretary of Defense for Health Affairs (or the designees of such officers), and representatives of all other Federal departments and agencies (as determined by the Secretary) whose programs involve health functions or responsibilities relevant to arthritis and musculoskeletal diseases or skin diseases, as the case may be. Each Committee shall be chaired by the Director of NIH (or the designee of the Director). Each Committee shall meet at the call of the chairman, but not less often than four times a year. (c) Annual report Not later than 120 days after the end of each fiscal year, each Committee shall prepare and transmit to the Secretary, the Director of NIH, the Director of the Institute, and the advisory council for the Institute a report detailing the activities of the Committee in such fiscal year in carrying out paragraphs (1) and (2) of subsection (a) of this section. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 439, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 849.) -CHANGE- CHANGE OF NAME Reference to Chief Medical Director of Veterans' Administration deemed to refer to Chief Medical Director of 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 285d-7 of this title. ------DocID 45073 Document 322 of 401------ -CITE- 42 USC Sec. 285e-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 5 -HEAD- Sec. 285e-4. Awards for leadership and excellence in Alzheimer's disease and related dementias -STATUTE- (a) Senior researchers in biomedical research The Director of the Institute shall make awards to senior researchers who have made distinguished achievements in biomedical research in areas relating to Alzheimer's disease and related dementias. Awards under this section shall be used by the recipients to support research in areas relating to such disease and dementias, and may be used by the recipients to train junior researchers who demonstrate exceptional promise to conduct research in such areas. (b) Eligible centers The Director of the Institute may make awards under this section to researchers at centers supported under section 285e-2 of this title and to researchers at other public and nonprofit private entities. (c) Required recommendation The Director of the Institute shall make awards under this section only to researchers who have been recommended for such awards by the National Advisory Council on Aging. (d) Selection procedures The Director of the Institute shall establish procedures for the selection of the recipients of awards under this section. (e) Term of award; renewal Awards under this section shall be made for a one-year period, and may be renewed for not more than six additional consecutive one-year periods. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 445B, formerly Pub. L. 99-660, title IX, Sec. 931, Nov. 14, 1986, 100 Stat. 3807; renumbered Sec. 445B of act July 1, 1944, and amended Nov. 4, 1988, Pub. L. 100-607, title I, Sec. 142(a), (d)(1), 102 Stat. 3057.) -COD- CODIFICATION Section was formerly classified to section 11231 of this title prior to renumbering by Pub. L. 100-607. -MISC3- AMENDMENTS 1988 - Pub. L. 100-607, Sec. 142(a), renumbered section 11231 of this title as this section. Subsec. (a). Pub. L. 100-607, Sec. 142(d)(1)(A), substituted 'the Institute' for 'the National Institute on Aging'. Subsec. (b). Pub. L. 100-607, Sec. 142(d)(1)(B), substituted 'the Institute' for 'the National Institute on Aging' and made technical amendment to reference to section 285e-2 of this title to correct reference to corresponding provision of original act. Subsecs. (c), (d). Pub. L. 100-607, Sec. 142(d)(1)(C), substituted 'the Institute' for 'the National Institute on Aging'. AVAILABILITY OF APPROPRIATIONS Section 142(b) of Pub. L. 100-607 provided that: 'With respect to amounts made available in appropriation Acts for the purpose of carrying out the programs transferred by subsection (a) to the Public Health Service Act (sections 285e-4 to 285e-8 of this title), such subsection may not be construed to affect the availability of such funds for such purpose.' ------DocID 45085 Document 323 of 401------ -CITE- 42 USC Sec. 285g-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 7 -HEAD- Sec. 285g-4. National Center for Medical Rehabilitation Research -STATUTE- (a) Establishment of Center There shall be in the Institute an agency to be known as the National Center for Medical Rehabilitation Research (hereafter in this section referred to as the 'Center'). The Director of the Institute shall appoint a qualified individual to serve as Director of the Center. The Director of the Center shall report directly to the Director of the Institute. (b) Purpose The general purpose of the Center is the conduct and support of research and research training (including research on the development of orthotic and prosthetic devices), the dissemination of health information, and other programs with respect to the rehabilitation of individuals with physical disabilities resulting from diseases or disorders of the neurological, musculoskeletal, cardiovascular, pulmonary, or any other physiological system (hereafter in this section referred to as 'medical rehabilitation'). (c) Authority of Director (1) In carrying out the purpose described in subsection (b) of this section, the Director of the Center may - (A) provide for clinical trials regarding medical rehabilitation; (B) provide for research regarding model systems of medical rehabilitation; (C) coordinate the activities of the Center with similar activities of other agencies of the Federal Government, including the other agencies of the National Institutes of Health, and with similar activities of other public entities and of private entities; (D) support multidisciplinary medical rehabilitation research conducted or supported by more than one such agency; (E) in consultation with the advisory council for the Institute and with the approval of the Director of NIH - (i) establish technical and scientific peer review groups in addition to those appointed under section 282(b)(6) of this title; and (ii) appoint the members of peer review groups established under subparagraph (A); and (F) support medical rehabilitation research and training centers. The Federal Advisory Committee Act shall not apply to the duration of a peer review group appointed under subparagraph (E). (2) In carrying out this section, the Director of the Center may make grants and enter into cooperative agreements and contracts. (d) Research Plan (1) In consultation with the Director of the Center, the coordinating committee established under subsection (e) of this section, and the advisory board established under subsection (f) of this section, the Director of the Institute shall develop a comprehensive plan for the conduct and support of medical rehabilitation research (hereafter in this section referred to as the 'Research Plan'). (2) The Research Plan shall - (A) identify current medical rehabilitation research activities conducted or supported by the Federal Government, opportunities and needs for additional research, and priorities for such research; and (B) make recommendations for the coordination of such research conducted or supported by the National Institutes of Health and other agencies of the Federal Government. (3)(A) Not later than 18 months after the date of the enactment of the National Institutes of Health Revitalization Amendments of 1990, the Director of the Institute shall transmit the Research Plan to the Director of NIH, who shall submit the Plan to the President and the Congress. (B) Subparagraph (A) shall be carried out independently of the process of reporting that is required in sections 283 and 284b of this title. (4) The Director of the Institute shall periodically revise and update the Research Plan as appropriate, after consultation with the Director of the Center, the coordinating committee established under subsection (e) of this section, and the advisory board established under subsection (f) of this section. A description of any revisions in the Research Plan shall be contained in each report prepared under section 284b of this title by the Director of the Institute. (e) Medical Rehabilitation Coordinating Committee (1) The Director of NIH shall establish a committee to be known as the Medical Rehabilitation Coordinating Committee (hereafter in this section referred to as the 'Coordinating Committee'). (2) The Coordinating Committee shall make recommendations to the Director of the Institute and the Director of the Center with respect to the content of the Research Plan and with respect to the activities of the Center that are carried out in conjunction with other agencies of the National Institutes of Health and with other agencies of the Federal Government. (3) The Coordinating Committee shall be composed of the Director of the Center, the Director of the Institute, and the Directors of the National Institute on Aging, the National Institute of Arthritis and Musculoskeletal and Skin Diseases, the National Heart, Lung, and Blood Institute, the National Institute of Neurological Disorders and Stroke, and such other national research institutes and such representatives of other agencies of the Federal Government as the Director of NIH determines to be appropriate. (4) The Coordinating Committee shall be chaired by the Director of the Center. (f) National Advisory Board on Medical Rehabilitation Research (1) Not later than 90 days after the date of the enactment of the National Institutes of Health Revitalization Amendments of 1990, the Director of NIH shall establish a National Advisory Board on Medical Rehabilitation Research (hereafter in this section referred to as the 'Advisory Board'). (2) The Advisory Board shall review and assess Federal research priorities, activities, and findings regarding medical rehabilitation research, and shall advise the Director of the Center and the Director of the Institute on the provisions of the Research Plan. (3)(A) The Director of NIH shall appoint to the Advisory Board 18 qualified representatives of the public who are not officers or employees of the Federal Government. Of such members, 12 shall be representatives of health and scientific disciplines with respect to medical rehabilitation and 6 shall be individuals representing the interests of individuals undergoing, or in need of, medical rehabilitation. (B) The following officials shall serve as ex officio members of the Advisory Board: (i) The Director of the Center. (ii) The Director of the Institute. (iii) The Director of the National Institute on Aging. (iv) The Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases. (v) The Director of the National Institute on Deafness and Other Communication Disorders. (vi) The Director of the National Heart, Lung, and Blood Institute. (vii) The Director of the National Institute of Neurological Disorders and Stroke. (viii) The Director of the National Institute on Disability and Rehabilitation Research. (ix) The Commissioner for Rehabilitation Services Administration. (x) The Assistant Secretary of Defense (Health Affairs). (xi) The Chief Medical Director of the Department of Veterans Affairs. (4) The members of the Advisory Board shall, from among the members appointed under paragraph (3)(A), designate an individual to serve as the chair of the Advisory Board. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 452, as added Nov. 16, 1990, Pub. L. 101-613, Sec. 3(a), 104 Stat. 3227.) -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (c)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. The date of the enactment of the National Institutes of Health Revitalization Amendments of 1990, referred to in subsecs. (d)(3)(A) and (f)(1), probably means the date of enactment of the National Institutes of Health Amendments of 1990, Pub. L. 101-613, which was approved Nov. 16, 1990. -MISC2- PREVENTING DUPLICATIVE PROGRAMS OF MEDICAL REHABILITATION RESEARCH Section 3(b) of Pub. L. 101-613 provided that: '(1) In general. - The Secretary of Health and Human Services and the heads of other Federal agencies shall - '(A) jointly review the programs being carried out (or proposed to be carried out) by each such official with respect to medical rehabilitation research; and '(B) as appropriate, enter into agreements for preventing duplication among such programs. '(2) Time for completion. - The agreements required in paragraph (1)(B) shall be made not later than one year after the date of the enactment of this Act (Nov. 16, 1990). '(3) Definition of medical rehabilitation. - For purposes of this subsection, the term 'medical rehabilitation' means the rehabilitation of individuals with physical disabilities resulting from diseases or disorders of the neurological, musculoskeletal, cardiovascular, pulmonary, or any other physiological system.' 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 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. Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. ------DocID 45103 Document 324 of 401------ -CITE- 42 USC Sec. 285m-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part C subpart 13 -HEAD- Sec. 285m-4. National Institute on Deafness and Other Communication Disorders Advisory Board -STATUTE- (a) Establishment The Secretary shall establish in the Institute the National Deafness and Other Communication Disorders Advisory Board (hereafter in this section referred to as the 'Advisory Board'). (b) Composition; qualifications; appointed and ex officio members The Advisory Board shall be composed of eighteen appointed members and nonvoting ex officio members as follows: (1) The Secretary shall appoint - (A) twelve members from individuals who are scientists, physicians, and other health and rehabilitation professionals, who are not officers or employees of the United States, and who represent the specialties and disciplines relevant to deafness and other communication disorders, including not less than two persons with a communication disorder; and (B) six members from the general public who are knowledgeable with respect to such disorders, including not less than one person with a communication disorder and not less than one person who is a parent of an individual with such a disorder. Of the appointed members, not less than five shall by virtue of training or experience be knowledgeable in diagnoses and rehabilitation of communication disorders, education of the hearing, speech, or language impaired, public health, public information, community program development, occupational hazards to communications senses, or the aging process. (2) The following shall be ex officio members of each Advisory Board: (A) The Assistant Secretary for Health, the Director of NIH, the Director of the National Institute on Deafness and Other Communication Disorders, the Director of the Centers for Disease Control, the Chief Medical Director of the Veterans' Administration, and the Assistant Secretary of Defense for Health Affairs (or the designees of such officers). (B) Such other officers and employees of the United States as the Secretary determines necessary for the Advisory Board to carry out its functions. (c) Compensation Members of an Advisory Board who are officers or employees of the Federal Government shall serve as members of the Advisory Board without compensation in addition to that received in their regular public employment. Other members of the Board shall receive compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule for each day (including traveltime) they are engaged in the performance of their duties as members of the Board. (d) Term of office; vacancies The term of office of an appointed member of the Advisory Board is four years, except that no term of office may extend beyond the expiration of the Advisory Board. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has taken office. If a vacancy occurs in the Advisory Board, the Secretary shall make an appointment to fill the vacancy not later than 90 days from the date the vacancy occurred. (e) Chairman The members of the Advisory Board shall select a chairman from among the appointed members. (f) Personnel; executive director; professional and clerical staff members; consultants; information and administrative support services and facilities The Secretary shall, after consultation with and consideration of the recommendations of the Advisory Board, provide the Advisory Board with an executive director and one other professional staff member. In addition, the Secretary shall, after consultation with and consideration of the recommendations of the Advisory Board, provide the Advisory Board with such additional professional staff members, such clerical staff members, such services of consultants, such information, and (through contracts or other arrangements) such administrative support services and facilities, as the Secretary determines are necessary for the Advisory Board to carry out its functions. (g) Meetings The Advisory Board shall meet at the call of the chairman or upon request of the Director of the Institute, but not less often than four times a year. (h) Functions The Advisory Board shall - (1) review and evaluate the implementation of the plan prepared under section 285m-1(a) of this title and periodically update the plan to ensure its continuing relevance; (2) for the purpose of assuring the most effective use and organization of resources respecting deafness and other communication disorders, advise and make recommendations to the Congress, the Secretary, the Director of NIH, the Director of the Institute, and the heads of other appropriate Federal agencies for the implementation and revision of such plan; and (3) maintain liaison with other advisory bodies related to Federal agencies involved in the implementation of such plan and with key non-Federal entities involved in activities affecting the control of such disorders. (i) Subcommittee activities; workshops and conferences; collection of data In carrying out its functions, the Advisory Board may establish subcommittees, convene workshops and conferences, and collect data. Such subcommittees may be composed of Advisory Board members and nonmember consultants with expertise in the particular area addressed by such subcommittees. The subcommittees may hold such meetings as are necessary to enable them to carry out their activities. (j) Annual report The Advisory Board shall prepare an annual report for the Secretary which - (1) describes the Advisory Board's activities in the fiscal year for which the report is made; (2) describes and evaluates the progress made in such fiscal year in research, treatment, education, and training with respect to the deafness and other communication disorders; (3) summarizes and analyzes expenditures made by the Federal Government for activities respecting such disorders in such fiscal year; and (4) contains the Advisory Board's recommendations (if any) for changes in the plan prepared under section 285m-1(a) of this title. (k) Commencement of existence The National Deafness and Other Communication Disorders Advisory Board shall be established not later than April 1, 1989. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 464D, as added Oct. 28, 1988, Pub. L. 100-553, Sec. 2(4), 102 Stat. 2772, and Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2613(a)(1), 102 Stat. 4235, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2613(b)(2), 102 Stat. 4238; Aug. 16, 1989, Pub. L. 101-93, Sec. 5(b), 103 Stat. 611.) -COD- CODIFICATION Pub. L. 100-553 and section 2613(a)(1) of Pub. L. 100-690 contained identical provisions enacting this section. See 1988 Amendment note below. -MISC3- AMENDMENTS 1989 - Subsec. (k). Pub. L. 101-93 substituted 'April 1, 1989' for '90 days after the date of the enactment of the National Institute on Deafness and Other Communication Disorders Act'. 1988 - Pub. L. 100-690, Sec. 2613(b)(2), amended this section to read as if the amendments made by Pub. L. 100-690, Sec. 2613(a)(1), which enacted this section, had not been enacted. See Codification note above. -CHANGE- CHANGE OF NAME Reference to the Chief Medical Director of Veterans' Administration deemed to refer to the Chief Medical Director of 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 1988 AMENDMENT For effective date of amendment by section 2613(b)(2) of Pub. L. 100-690, see section 2613(b)(1) of Pub. L. 100-690, set out as an Effect of Enactment of Similar Provisions note under section 285m of this title. 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. Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 45116 Document 325 of 401------ -CITE- 42 USC Sec. 286b-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III Part D subpart 2 -HEAD- Sec. 286b-4. Assistance for special scientific projects, and for research and development in medical library science and related fields -STATUTE- (a) The Secretary shall make grants to physicians and other practitioners in the sciences related to health, to scientists, and to public or nonprofit private institutions on behalf of such physicians, other practitioners, and scientists for the compilation of existing, or the writing of original, contributions relating to scientific, social, or cultural advancements in sciences related to health. In making such grants, the Secretary shall make appropriate arrangements under which the facilities of the Library and the facilities of libraries of public and private nonprofit institutions of higher learning may be made available in connection with the projects for which such grants are made. (b) The Secretary shall make grants to appropriate public or private nonprofit institutions and enter into contracts with appropriate persons, for purposes of carrying out projects of research, investigations, and demonstrations in the field of medical library science and related activities and for the development of new techniques, systems, and equipment, for processing, storing, retrieving, and distributing information pertaining to sciences related to health. -SOURCE- (July 1, 1944, ch. 373, title IV, Sec. 473, as added Nov. 20, 1985, Pub. L. 99-158, Sec. 2, 99 Stat. 861.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 286b, 286b-8 of this title. ------DocID 45161 Document 326 of 401------ -CITE- 42 USC Sec. 290aa-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part A -HEAD- Sec. 290aa-4. Reports: health consequences, current research, recommendations -STATUTE- (a) Alcoholism and alcohol abuse The Secretary shall submit to Congress on or before January 15, 1984, and every three years thereafter a report - (1) containing current information on the health consequences of using alcoholic beverages, (2) containing a description of current research findings made with respect to alcohol abuse and alcoholism, and (3) containing such recommendations for legislation and administrative action as the Secretary may deem appropriate. (b) Drug abuse The Secretary shall submit to Congress on or before January 15, 1984, and every three years thereafter a report - (1) describing the health consequences and extent of drug abuse in the United States; (2) describing current research findings made with respect to drug abuse, including current findings on the health effects of marihuana and the addictive property of tobacco; and (3) containing such recommendations for legislation and administrative action as the Secretary may deem appropriate. -SOURCE- (July 1, 1944, ch. 373, title V, Sec. 506, formerly Sec. 505, as added Apr. 26, 1983, Pub. L. 98-24, Sec. 2(b)(7), 97 Stat. 178, and renumbered Sec. 506, Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4004(a), 100 Stat. 3207-109.) -MISC1- PRIOR PROVISIONS A prior section 506 of act July 1, 1944, was redesignated section 507 by section 4004(a) of Pub. L. 99-570, and is classified to section 290aa-5 of this title. Another prior section 506 of act July 1, 1944, which was classified to section 224 of this title, was successively renumbered by subsequent acts and transferred, see section 300aaa-3 of this title. REGULATIONS Secretary of Health and Human Services to promulgate regulations, within 90 days of Oct. 19, 1984, for the administration of section 802(28) of Title 21, Food and Drugs, as amended by Pub. L. 98-509, title III, Sec. 301(a), Oct. 19, 1984, 98 Stat. 2364, and to include in the first report submitted under subsec. (b) of this section after such period the findings of the Secretary with respect to the effect of the amendment by section 301(a) of Pub. L. 98-509, see section 301(b) of Pub. L. 98-509, set out as a note under section 802 of Title 21. ------DocID 45232 Document 327 of 401------ -CITE- 42 USC Sec. 291j-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER IV Part B -HEAD- Sec. 291j-4. Payment of interest on guaranteed loans -STATUTE- (a) Subject to the provisions of subsection (b) of this section, in the case of a guarantee of any loan to a nonprofit private agency under this part with respect to a hospital or other medical facility, the Secretary shall pay, to the holder of such loan and for and on behalf of such hospital or other medical facility amounts sufficient to reduce by 3 per centum per annum the net effective interest rate otherwise payable on such loan. Each holder of a loan, to a nonprofit private agency, which is guaranteed under this part shall have a contractual right to receive from the United States interest payments required by the preceding sentence. (b) Contracts to make the payments provided for in this section shall not carry an aggregate amount greater than such amount as may be provided in appropriations Acts. -SOURCE- (July 1, 1944, ch. 373, title VI, Sec. 624, as added June 30, 1970, Pub. L. 91-296, title II, Sec. 201, 84 Stat. 347.) ------DocID 45312 Document 328 of 401------ -CITE- 42 USC Sec. 295f-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER V Part E -HEAD- Sec. 295f-4. Repealed. Pub. L. 94-484, title V, Sec. 502, Oct. 12, 1976, 90 Stat. 2293 -MISC1- Section, act July 1, 1944, ch. 373, title VII, Sec. 774, as added Oct. 22, 1965, Pub. L. 89-290, Sec. 2(a), 79 Stat. 1054, and amended Aug. 16, 1968, Pub. L. 90-490, title I, Sec. 111(c)(1), (2), 82 Stat. 777; Oct. 30, 1970, Pub. L. 91-515, title VI, Sec. 601(b)(2), 84 Stat. 1311; Nov. 18, 1971, Pub. L. 92-157, title I, Sec. 104(a), 85 Stat. 446; Nov. 16, 1973, Pub. L. 93-154, Sec. 3(c), 87 Stat. 605; Oct. 12, 1976, Pub. L. 94-484, title I, Sec. 101(o), 90 Stat. 2245, authorized health manpower education initiative awards, providing in: subsec. (a) description of projects, additional related uses, and contract authority; subsec. (b) description of special projects and limitation of funds; subsec. (c) applications, approval by Secretary and regulations, amount of grant, payments: advances or reimbursement, intervals, conditions; subsec. (d) coordination with regional medical program; and subsec. (e) authorization of appropriations of $45,000,000; $90,000,000; $135,000,000; $135,000,000; $135,000,000; and $41,170,000 for fiscal years ending June 30, 1972, through 1976, and Sept. 30, 1977. EFFECTIVE DATE OF REPEAL Section 502 of Pub. L. 94-484 provided that enactment of section 295f-1 of this title and repeal of sections 295f-1 to 295f-4 of this title is effective with respect to fiscal years beginning after Sept. 30, 1977. ------DocID 45319 Document 329 of 401------ -CITE- 42 USC Sec. 295g-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER V Part F -HEAD- Sec. 295g-4. Grants and contracts for training, traineeships and fellowships in general internal medicine and general pediatrics -STATUTE- (a) Authority of Secretary; schools, hospitals and other entities included The Secretary may make grants to and enter into contracts with schools of medicine and osteopathic medicine, public or private nonprofit hospital, or any other public or private nonprofit entity to meet the costs of projects - (1) to plan, develop, and operate approved residency training programs in internal medicine or pediatrics, which emphasize the training of residents for the practice of general internal medicine or general pediatrics (as defined by the Secretary in regulations); (2) which provide financial assistance (in the form of traineeships and fellowships) to residents who are participants in any such program, and who plan to specialize or work in the practice of general internal medicine or general pediatrics; (3) to plan, develop, and operate a program for the training of physicians who plan to teach in a general internal medicine or general pediatrics training program; and (4) which provide financial assistance (in the form of traineeships and fellowships) to physicians who are participants in any such program and who plan to teach in a general internal medicine or general pediatrics training program. (b) General internal medicine and general pediatrics In making grants and entering into contracts under subsection (a) of this section, the Secretary shall give priority to applicants that demonstrate to the satisfaction of the Secretary a commitment to general internal medicine and general pediatrics in their medical education training programs. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for the fiscal year ending September 30, 1977, $15,000,000 for the fiscal year ending September 30, 1978, $20,000,000 for the fiscal year ending September 30, 1979, $25,000,000 for the fiscal year ending September 30, 1980, $17,000,000 for the fiscal year ending September 30, 1982, $18,000,000 for the fiscal year ending September 30, 1983, $20,000,000 for the fiscal year ending September 30, 1984, $18,500,000 for the fiscal year ending September 30, 1986, $19,500,000 for the fiscal year ending September 30, 1987, $22,000,000 for the fiscal year ending September 30, 1988, $23,000,000 for fiscal year 1989, $23,000,000 for fiscal year 1990, and $25,000,000 for fiscal year 1991. -SOURCE- (July 1, 1944, ch. 373, title VII, Sec. 784, as added Oct. 12, 1976, Pub. L. 94-484, title VIII, Sec. 801(a), 90 Stat. 2315, and amended Aug. 13, 1981, Pub. L. 97-35, title XXVII, Sec. 2741, 95 Stat. 922; Jan. 4, 1983, Pub. L. 97-414, Sec. 9(f), 96 Stat. 2064; Oct. 22, 1985, Pub. L. 99-129, title I, Sec. 106, title II, Sec. 214, 99 Stat. 524, 540; Nov. 4, 1988, Pub. L. 100-607, title VI, Sec. 609, 102 Stat. 3130; Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2615(c), 102 Stat. 4239; Aug. 16, 1989, Pub. L. 101-93, Sec. 5(o)(3), 103 Stat. 614.) -MISC1- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-93 substituted 'schools of medicine and osteopathic medicine' for 'schools of medicine and osteopathy'. 1988 - Subsec. (b). Pub. L. 100-690 amended subsec. (b) to read as if amendment made by Pub. L. 100-607, Sec. 609(a), which inserted ', and coordination of curriculum development and resident teaching activities with departments of family medicine where there is a department within the same school' after 'training programs', had not been enacted. Subsec. (c). Pub. L. 100-607, Sec. 609(b), substituted 'For the purpose of carrying out this section, there are authorized to be appropriated' for 'There are authorized to be appropriated to carry out the provisions of this section', struck out 'and' after 'September 30, 1987,', and inserted ', $23,000,000 for fiscal year 1989, $23,000,000 for fiscal year 1990, and $25,000,000 for fiscal year 1991'. 1985 - Subsecs. (b), (c). Pub. L. 99-129 added subsec. (b), redesignated former subsec. (b) as (c), and in subsec. (c) as so redesignated, inserted authorization of appropriations for fiscal years ending Sept. 30, 1986, 1987, and 1988. 1983 - Subsec. (a)(2). Pub. L. 97-414 amended section 2741(a)(3) of Pub. L. 97-35, thereby correcting error in directory language which had resulted in 'and' being inserted unnecessarily after 'pediatrics;'. See 1981 Amendment note below. 1981 - Subsec. (a). Pub. L. 97-35, Sec. 2741(a), as amended by Pub. L. 97-414, Sec. 9(f), in provision preceding par. (1) inserted references to public or private nonprofit hospital or other entity, and added pars. (3) and (4). Subsec. (b). Pub. L. 97-35, Sec. 2741(b), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1982, 1983, and 1984. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-690 effective immediately after enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100-690, set out as a note under section 242m of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288, 293a, 295g-10, 295g-10a of this title. ------DocID 45343 Document 330 of 401------ -CITE- 42 USC Sec. 295h-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER V Part G subpart ii -HEAD- Sec. 295h-4. Definitions -STATUTE- For purposes of this subpart: (1) The term 'allied health personnel' means individuals with training and responsibilities for (A) supporting, complementing, or supplementing the professional functions of physicians, dentists, and other health professionals in the delivery of health care to patients, or (B) assisting environmental engineers and other personnel in environmental health control and preventive medicine activities. (2) The term 'training center for allied health professions' means a junior college, college, or university - (A) which provides, or can provide, programs of education leading to a baccalaureate or associate degree (or to the equivalent of either) or to a higher degree in medical technology, optometric technology, dental hygiene, or in any of such other of the allied health professions curricula as are specified by regulation, or which, if in a junior college, provides a program (i) leading to an associate or an equivalent degree, (ii) of education in optometric technology, dental hygiene, or such other curricula as are specified by regulation, and (iii) acceptable for full credit toward a baccalaureate or equivalent degree in the allied health professions or designed to prepare the student to work as a technician in a health occupation specified by regulations of the Secretary, (B) which provides training for not less than a total of twenty persons in such curricula, (C) which, if in a college or university which does not include a teaching hospital or in a junior college, is affiliated (to the extent and in the manner determined in accordance with regulations) with such a hospital, and (D) which is (or is in a college or university which is) accredited by a recognized body or bodies approved for such purpose by the Secretary of Education, or which is in a junior college which is accredited by the regional accrediting agency for the region in which it is located or there is satisfactory assurance afforded by such accrediting agency to the Secretary that resasonable (FOOTNOTE 1) progress is being made toward accreditation by such junior college, (FOOTNOTE 1) So in original. Probably should be 'reasonable'. except that an applicant for a grant under this subpart which does not at the time of application meet the requirement of subparagraph (B) shall be deemed to meet such requirement if the Secretary finds there is reasonable assurance that the unit will meet the requirement of subparagraph (B) prior to the beginning of the academic year following the normal graduation date of the first entering class in such unit. (3) The term 'nonprofit' as applied to any training center for allied health professions means such a training center which is an entity, or is owned and operated by an entity, no part of the net earnings of which inures or may lawfully inure, to the benefit of any private shareholder or individual; and as applied to any entity means an entity no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual. -SOURCE- (July 1, 1944, ch. 373, title VII, Sec. 795, as added Oct. 12, 1976, Pub. L. 94-484, title VII, Sec. 701(a), 90 Stat. 2306, and amended Oct. 17, 1979, Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, 93 Stat. 677, 692.) -MISC1- PRIOR PROVISIONS A prior section 295h-4, act July 1, 1944, ch. 373, title VII, Sec. 795, as added Nov. 3, 1966, Pub. L. 89-751, Sec. 2, 80 Stat. 1228, and amended Dec. 5, 1967, Pub. L. 90-174, Sec. 12(e), 81 Stat. 542; Nov. 2, 1970, Pub. L. 91-519, title II, Sec. 202(c), 84 Stat. 1344; Nov. 18, 1971, Pub. L. 92-157, title III, Sec. 301(f), 85 Stat. 464, prior to its omission in the general amendment of this part by Pub. L. 94-484, title VII, Sec. 701(a), Oct. 12, 1976, 90 Stat. 2306, defined in pars. (1) to (4) the terms 'training center for allied health professions'; 'full-time student'; 'nonprofit'; 'construction' and 'cost of construction'; and 'affiliated hospital'. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Education' substituted for 'Commissioner of Education' in par. (2)(D) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education to Secretary of Education. -MISC5- STUDIES AND STATISTICAL REPORT ON ALLIED HEALTH PERSONNEL; PERSONAL DATA: CONSENT FOR TRANSFER, DISCLOSURE, PROGRAM ENTITY; REPORTS TO CONGRESSIONAL COMMITTEES: LEGISLATIVE RECOMMENDATIONS; 'ALLIED HEALTH PERSONNEL' DEFINED Section 702 of Pub. L. 94-484, as amended by Pub. L. 95-623, Sec. 12(i)(1), Nov. 9, 1978, 92 Stat. 3457, required Secretary of Health, Education, and Welfare, not later than Oct. 1, 1979, to submit to specific Committees of House of Representatives and Senate a report identifying types, cost of educating, and shortages of allied health personnel and establishing classifications for such personnel, a report, in coordination with National Center for Health Statistics, containing statistics on such personnel, and a report on activities conducted under this subpart and which provided protections for individually identifiable personal data obtained for purposes of the reports. ------DocID 45393 Document 331 of 401------ -CITE- 42 USC Sec. 298b-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER VI Part C -HEAD- Sec. 298b-4. Technical assistance -STATUTE- Funds appropriated under this subchapter may be used by the Secretary to provide technical assistance in relation to any of the authorities under this subchapter. -SOURCE- (July 1, 1944, ch. 373, title VIII, Sec. 857, as added Jan. 4, 1983, Pub. L. 97-414, Sec. 8(m), 96 Stat. 2061.) ------DocID 45417 Document 332 of 401------ -CITE- 42 USC Sec. 299c-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER VII Part C -HEAD- Sec. 299c-4. Certain administrative authorities -STATUTE- (a) Deputy administrator and other officers and employees (1) Deputy administrator The Administrator may appoint a deputy administrator for the Agency. (2) Other officers and employees The Administrator may appoint and fix the compensation of such officers and employees as may be necessary to carry out this subchapter. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5. (b) Facilities The Secretary, in carrying out this subchapter - (1) may acquire, without regard to section 34 of title 40, by lease or otherwise through the Administrator of General Services, buildings or portions of buildings in the District of Columbia or communities located adjacent to the District of Columbia for use for a period not to exceed 10 years; and (2) may acquire, construct, improve, repair, operate, and maintain laboratory, research, and other necessary facilities and equipment, and such other real or personal property (including patents) as the Secretary deems necessary. (c) Provision of financial assistance The Administrator, in carrying out this subchapter, may make grants to, and enter into cooperative agreements with, public and nonprofit private entities and individuals, and when appropriate, may enter into contracts with public and private entities and individuals. (d) Utilization of certain personnel and resources (1) Department of Health and Human Services The Administrator, in carrying out this subchapter, may utilize personnel and equipment, facilities, and other physical resources of the Department of Health and Human Services, permit appropriate (as determined by the Secretary) entities and individuals to utilize the physical resources of such Department, and provide technical assistance and advice. (2) Other agencies The Administrator, in carrying out this subchapter, may use, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, or local public agencies, or of any foreign government, with or without reimbursement of such agencies. (e) Consultants The Secretary, in carrying out this subchapter, may secure, from time to time and for such periods as the Administrator deems advisable but in accordance with section 3109 of title 5, the assistance and advice of consultants from the United States or abroad. (f) Experts (1) In general The Secretary may, in carrying out this subchapter, obtain the services of not more than 50 experts or consultants who have appropriate scientific or professional qualifications. Such experts or consultants shall be obtained in accordance with section 3109 of title 5, except that the limitation in such section on the duration of service shall not apply. (2) Travel expenses (A) Experts and consultants whose services are obtained under paragraph (1) shall be paid or reimbursed for their expenses associated with traveling to and from their assignment location in accordance with sections 5724, 5724a(a)(1), 5724a(a)(3), and 5726(c) of title 5. (B) Expenses specified in subparagraph (A) may not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (1) unless and until the expert agrees in writing to complete the entire period of assignment, or one year, whichever is shorter, unless separated or reassigned for reasons that are beyond the control of the expert or consultant and that are acceptable to the Secretary. If the expert or consultant violates the agreement, the money spent by the United States for the expenses specified in subparagraph (A) is recoverable from the expert or consultant as a debt of the United States. The Secretary may waive in whole or in part a right of recovery under this subparagraph. (g) Voluntary and uncompensated services The Administrator, in carrying out this subchapter, may accept voluntary and uncompensated services. -SOURCE- (July 1, 1944, ch. 373, title IX, Sec. 925, as added Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6103(c), 103 Stat. 2203.) -REFTEXT- REFERENCES IN TEXT The civil-service laws, referred to in subsec. (a)(2), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. ------DocID 45426 Document 333 of 401------ -CITE- 42 USC Sec. 300a-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER VIII -HEAD- Sec. 300a-4. Grants and contracts -STATUTE- (a) Promulgation of regulations governing execution; amount of grants Grants and contracts made under this subchapter shall be made in accordance with such regulations as the Secretary may promulgate. The amount of any grant under any section of this subchapter shall be determined by the Secretary; except that no grant under any such section for any program or project for a fiscal year beginning after June 30, 1975, may be made for less than 90 per centum of its costs (as determined under regulations of the Secretary) unless the grant is to be made for a program or project for which a grant was made (under the same section) for the fiscal year ending June 30, 1975, for less than 90 per centum of its costs (as so determined), in which case a grant under such section for that program or project for a fiscal year beginning after that date may be made for a percentage which shall not be less than the percentage of its costs for which the fiscal year 1975 grant was made. (b) Payment of grants Grants under this subchapter shall be payable in such installments and subject to such conditions as the Secretary may determine to be appropriate to assure that such grants will be effectively utilized for the purposes for which made. (c) Prerequisites; 'low-income family' defined A grant may be made or contract entered into under section 300 or 300a of this title for a family planning service project or program only upon assurances satisfactory to the Secretary that - (1) priority will be given in such project or program to the furnishing of such services to persons from low-income families; and (2) no charge will be made in such project or program for services provided to any person from a low-income family except to the extent that payment will be made by a third party (including a government agency) which is authorized or is under legal obligation to pay such charge. For purposes of this subsection, the term 'low-income family' shall be defined by the Secretary in accordance with such criteria as he may prescribe so as to insure that economic status shall not be a deterrent to participation in the programs assisted under this subchapter. (d) Suitability of informational or educational materials (1) A grant may be made or a contract entered into under section 300 or 300a-3 of this title only upon assurances satisfactory to the Secretary that informational or educational materials developed or made available under the grant or contract will be suitable for the purposes of this subchapter and for the population or community to which they are to be made available, taking into account the educational and cultural background of the individuals to whom such materials are addressed and the standards of such population or community with respect to such materials. (2) In the case of any grant or contract under section 300 of this title, such assurances shall provide for the review and approval of the suitability of such materials, prior to their distribution, by an advisory committee established by the grantee or contractor in accordance with the Secretary's regulations. Such a committee shall include individuals broadly representative of the population or community to which the materials are to be made available. -SOURCE- (July 1, 1944, ch. 373, title X, Sec. 1006, as added Dec. 24, 1970, Pub. L. 91-572, Sec. 6(c), 84 Stat. 1507, and amended July 29, 1975, Pub. L. 94-63, title II, Sec. 204(c), (d), 89 Stat. 308; Nov. 8, 1978, Pub. L. 95-613, Sec. 1(a)(2), 92 Stat. 3093.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-613 added subsec. (d). 1975 - Subsec. (a). Pub. L. 94-63, Sec. 204(c), inserted provisions relating to amount of grants authorized pursuant to sections of this subchapter. Subsec. (c). Pub. L. 94-63, Sec. 204(d), inserted provision relating to economic status as part of the criteria to be included within definition of 'low-income family'. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-63 effective July 1, 1975, see section 608 of Pub. L. 94-63, set out as a note under section 247b of this title. ------DocID 45444 Document 334 of 401------ -CITE- 42 USC Sec. 300b-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER IX Part A -HEAD- Sec. 300b-4. Public Health Service facilities -STATUTE- The Secretary shall establish a program within the Service to provide voluntary testing, diagnosis, counseling, and treatment of individuals respecting genetic diseases. Services under such program shall be made available through facilities of the Service to persons requesting such services, and the program shall provide appropriate publicity of the availability and voluntary nature of such services. -SOURCE- (July 1, 1944, ch. 373, title XI, Sec. 1105, as added Apr. 22, 1976, Pub. L. 94-278, title IV, Sec. 403(a), 90 Stat. 409.) -MISC1- PRIOR PROVISIONS A prior section 300b-4, act July 1, 1944, ch. 373, title XI, Sec. 1105, as added May 16, 1972, Pub. L. 92-294, Sec. 3(c), 86 Stat. 139, authorized Secretary to establish a program within the Public Health Service with respect to sickle cell anemia and such program will be made available through the facilities of the Public Health Service, was omitted as part of the revision of this part by Pub. L. 94-278 and is covered by this section. ------DocID 45447 Document 335 of 401------ -CITE- 42 USC Sec. 300c to 300c-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER IX Part A -HEAD- Sec. 300c to 300c-4. Omitted -COD- CODIFICATION Sections 300c to 300c-4 were omitted in the general amendment of this part by Pub. L. 94-278, title IV, Sec. 403(a), Apr. 22, 1976, 90 Stat. 407. Section 300c, act July 1, 1944, ch. 373, title XI, Sec. 1111, as added Aug. 29, 1972, Pub. L. 92-414, Sec. 3, 86 Stat. 650, authorized Secretary to make grants and enter contracts with public and private entities for establishment of screening, treatment, and counseling programs with respect to Cooley's Anemia. Section 300c-1, act July 1, 1944, ch. 373, title XI, Sec. 1112, as added Aug. 29, 1972, Pub. L. 92-414, Sec. 3, 86 Stat. 651, required that any participation by an individual in any Cooley's Anemia programs should be on a purely voluntary basis. Section 300c-2, act July 1, 1944, ch. 373, title XI, Sec. 1113, as added Aug. 29, 1972, Pub. L. 92-414, Sec. 3, 86 Stat. 651, provided for making of grant upon application to Secretary and listed certain requirements to be met by applicant. Section 300c-3, act July 1, 1944, ch. 373, title XI, Sec. 1114, as added Aug. 29, 1972, Pub. L. 92-414, Sec. 3, 86 Stat. 652, authorized Secretary to establish a program with Public Health Service to provide for screening, counseling, and treatment with respect to Cooley's Anemia. Section 300c-4, act July 1, 1944, ch. 373, title XI, Sec. 1115, as added Aug. 29, 1972, Pub. L. 92-414, Sec. 3, 86 Stat. 652, provided for Secretary's submission of a report to President for transmittal to Congress annually. ------DocID 45481 Document 336 of 401------ -CITE- 42 USC Sec. 300e-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XI -HEAD- Sec. 300e-4. Loans and loan guarantees for initial operation costs -STATUTE- (a) Authority The Secretary may - (1) make loans to public or private health maintenance organizations to assist them in meeting the amount by which their costs of operation during a period not to exceed the first sixty months of their operation exceed their revenues in that period; (2) make loans to public or private health maintenance organizations to assist them in meeting the amount by which their costs of operation, which the Secretary determines are attributable to significant expansion in their membership or area served and which are incurred during a period not to exceed the first sixty months of their operation after such expansion, exceed their revenues in that period which the Secretary determines are attributable to such expansion; and (3) guarantee to non-Federal lenders payment of the principal of and the interest on loans made to private health maintenance organizations for the amounts referred to in paragraphs (1) and (2). No loan or loan guarantee may be made under this subsection for the costs of operation of a health maintenance organization unless the Secretary determines that the organization has made all reasonable attempts to meet such costs, and unless the Secretary has made a grant or loan to, entered into a contract with, or guaranteed a loan for, the organization in fiscal year 1981, 1982, 1983, 1984, or 1985 under this section or section 300e-3(b) (FOOTNOTE 1) of this title (as in effect before October 1, 1985). (FOOTNOTE 1) See References in Text note below. (b) Limitations (1) Except as provided in paragraph (2), the aggregate amount of principal of loans made or guaranteed, or both, under subsection (a) of this section for a health maintenance organization may not exceed $7,000,000. In any twelve-month period the amount disbursed to a health maintenance organization under this section (either directly by the Secretary, by an escrow agent under the terms of an escrow agreement, or by a lender under a guaranteed loan) may not exceed $3,000,000. (2) The cumulative total of the principal of the loans outstanding at any time which have been directly made, or with respect to which guarantees have been issued, under subsection (a) of this section may not exceed such limitations as may be specified in appropriation Acts. (c) Source of loan funds Loans under this section shall be made from the fund established under section 300e-7(e) of this title. (d) Time limit on loans and loan guarantees No loan may be made or guaranteed under this section after September 30, 1986. (e) Repealed. Pub. L. 97-35, title IX, Sec. 947(c), Aug. 13, 1981, 95 Stat. 577 (f) Medically underserved populations In considering applications for loan guarantees under this section, the Secretary shall give special consideration to applications for health maintenance organizations which will serve medically underserved populations. -SOURCE- (July 1, 1944, ch. 373, title XIII, Sec. 1305, as added Dec. 29, 1973, Pub. L. 93-222, Sec. 2, 87 Stat. 924, and amended Jan. 4, 1975, Pub. L. 93-641, Sec. 8, 88 Stat. 2276; Apr. 21, 1976, Pub. L. 94-273, Sec. 2(21), 90 Stat. 376; Oct. 8, 1976, Pub. L. 94-460, title I, Sec. 107(c), 108(c), (d)(2), 109(a)(1), (2), 113(b), 90 Stat. 1949, 1953; Nov. 1, 1978, Pub. L. 95-559, Sec. 2(b), 4(a), (b), 92 Stat. 2131, 2132; July 10, 1979, Pub. L. 96-32, Sec. 2(d), 93 Stat. 82; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 943(a)-(c), 947(c), 95 Stat. 576, 577; Nov. 14, 1986, Pub. L. 99-660, title VIII, Sec. 804(a), 100 Stat. 3800.) -REFTEXT- REFERENCES IN TEXT Section 300e-3(b) of this title, referred to in subsec. (a), was repealed by Pub. L. 99-660, title VIII, Sec. 803(a), Nov. 14, 1986, 100 Stat. 3799. -MISC2- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-660 inserted ', and unless the Secretary has made a grant or loan to, entered into a contract with, or guaranteed a loan for, the organization in fiscal year 1981, 1982, 1983, 1984, or 1985 under this section or section 300e-3(b) of this title (as in effect before October 1, 1985)' at end of last sentence. 1981 - Subsec. (a). Pub. L. 97-35, Sec. 943(a), in pars. (1) and (2) struck out 'nonprofit' before 'private', and in par. (3) substituted provisions respecting guarantees for private health maintenance organizations, for guarantees for nonprofit private health maintenance organizations. Subsec. (b)(1). Pub. L. 97-35, Sec. 943(b), generally revised limitations and, among many changes, increased amounts subject to coverage, and struck out requirements respecting Congressional oversight for increases in amounts. Subsec. (d). Pub. L. 97-35, Sec. 943(c), substituted '1986' for '1981'. Subsec. (e). Pub. L. 97-35, Sec. 947(c), struck out subsec. (e) which related to projects in nonmetropolitan areas. 1979 - Subsec. (b)(1). Pub. L. 96-32 substituted '$4,500,000' for '$4,000,000' in two places. 1978 - Subsec. (a). Pub. L. 95-559, Sec. 4(b)(1), substituted 'costs of operation' for 'operating costs' wherever appearing. Subsec. (b)(1). Pub. L. 95-559, Sec. 4(a), (b)(2), inserted '(or $4,000,000 if the Secretary makes a written determination that such loans or loan guarantees are necessary to preserve the fiscally sound operation of the health maintenance organization and to protect against the risk of insolvency of the health maintenance organization and, within 30 days of the making of such loans or loan guarantees, furnishes the Committee on Human Resources of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives with written notification of the making of the loans or loan guarantees and a copy of the written determination made with respect to the loans or loan guarantees and the reasons for the determination) through September 30, 1979, and $4,000,000 thereafter' after '$2,500,000' and '(or $2,000,000 if the Secretary makes a written determination that such disbursements are necessary to preserve the fiscally sound operation of the health maintenance organization and protect against the risk of insolvency of the health maintenance organization and, within 30 days of such disbursement, furnishes the Committee on Human Resources of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives with written notification of the making of the disbursement and a copy of the written determination made with respect to it and the reasons for the determination) through September 30, 1979, and $2,000,000 thereafter' after '$1,000,000' and substituted 'any twelve-month period' for 'any fiscal year'. Subsec. (d). Pub. L. 95-559, Sec. 2(b), substituted 'September 30, 1981' for 'September 30, 1980'. 1976 - Subsec. (a)(1), (2). Pub. L. 94-460, Sec. 107(c), 109(a)(1), substituted 'during a period not to exceed the first sixty months' for 'in the period of the first thirty-six months'. Subsec. (a)(3). Pub. L. 94-460, Sec. 108(c), substituted reference to loans made to nonprofit private health maintenance organizations for the amounts referred to in paragraph (1) or (2), or to other private health maintenance organizations for such amounts but only if the health maintenance organization will serve a medically underserved population for reference to loans made to any private health maintenance organization (other than a private nonprofit health maintenance organization) for the amounts referred to in paragraph (1) or (2), but only if such health maintenance organization will serve a medically underserved population. Subsec. (b)(1). Pub. L. 94-460, Sec. 109(a)(2), substituted 'In any fiscal year the amount disbursed to a health maintenance organization under this section (either directly by the Secretary or by an escrow agent under the terms of an escrow agreement or by a lender under a loan guaranteed under this section) may not exceed $1,000,000' for 'In any fiscal year, the amount disbursed under a loan or loans made or guaranteed under this section for a health maintenance organization may not exceed $1,000,000,000'. Subsec. (d). Pub. L. 94-460, Sec. 113(b), substituted 'No loan may be made or guaranteed under this section after September 30, 1980' for 'A loan or loan guarantee may be made under this section through the fiscal year ending June 30, 1978'. Pub. L. 94-273 substituted 'September' for 'June'. Subsec. (f). Pub. L. 94-460, Sec. 108(d)(2), added subsec. (f). 1975 - Subsec. (b)(1). Pub. L. 93-641 substituted provisions that amount disbursed under a loan or loans made or guaranteed under this section for a health maintenance organization may not exceed $1,000,000,000 for provisions that principal amount of any loan made or guaranteed under subsec. (a) of this section for a health maintenance organization may not exceed $1,000,000. EFFECTIVE DATE OF 1986 AMENDMENT Section 804(b) of Pub. L. 99-660 provided that: 'The amendment made by subsection (a) (amending this section) does not apply to any loan or loan guarantee for the initial costs of operation of a health maintenance organization made under title XIII of the Public Health Service Act (this subchapter) before October 1, 1985.' Amendment by Pub. L. 99-660 effective Oct. 1, 1985, see section 815(a) of Pub. L. 99-660, set out as an Effective and Termination Dates of 1986 Amendment note under section 300e-1 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Section 4(d) of Pub. L. 95-559 provided that: 'The amendments made by this section (amending this section and section 300e-7 of this title) shall only be effective for fiscal years beginning on or after October 1, 1978.' EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-460 effective Oct. 8, 1976, except that the amendment of subsec. (a)(1), (2) of this section by section 107(c) of Pub. L. 94-460 applicable with respect to grants, contracts, loans, and loan guarantees made under this section and sections 300e-2 and 300e-3 of this title for fiscal years beginning after Sept. 30, 1976, and except that the amendment of subsec. (a)(1), (2) of this section by section 109(a)(1) of Pub. L. 94-460 applicable with respect to loan guarantees made under this section after Sept. 30, 1976, see section 118 of Pub. L. 94-460, set out as a note under section 300e of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 300e-5 of this title. ------DocID 45505 Document 337 of 401------ -CITE- 42 USC Sec. 300g-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XII Part B -HEAD- Sec. 300g-4. Variances -STATUTE- (a) Characteristics of raw water sources; specific treatment technique; notice to Administrator, reasons for variance; compliance, enforcement; approval or revision of schedules and revocation of variances; review of variances and schedules; publication in Federal Register, notice and results of review; notice to State; considerations respecting abuse of discretion in granting variances or failing to prescribe schedules; State corrective action; authority of Administrator in a State without primary enforcement responsibility; alternative treatment techniques Notwithstanding any other provision of this part, variances from national primary drinking water regulations may be granted as follows: (1)(A) A State which has primary enforcement responsibility for public water systems may grant one or more variances from an applicable national primary drinking water regulation to one or more public water systems within its jurisdiction which, because of characteristics of the raw water sources which are reasonably available to the systems, cannot meet the requirements respecting the maximum contaminant levels of such drinking water regulation. A variance may only be issued to a system after the system's application of the best technology, treatment techniques, or other means, which the Administrator finds are available (taking costs into consideration). The Administrator shall propose and promulgate his finding of the best available technology, treatment techniques or other means available for each contaminant for purposes of this subsection at the time he proposes and promulgates a maximum contaminant level for each such contaminant. The Administrator's finding of best available technology, treatment techniques or other means for purposes of this subsection may vary depending on the number of persons served by the system or for other physical conditions related to engineering feasibility and costs of compliance with maximum contaminant levels as considered appropriate by the Administrator. Before a State may grant a variance under this subparagraph, the State must find that the variance will not result in an unreasonable risk to health. If a State grants a public water system a variance under this subparagraph, the State shall prescribe at the time the variance is granted, a schedule for - (i) compliance (including increments of progress) by the public water system with each containment level requirement with respect to which the variance was granted, and (ii) implementation by the public water system of such additional control measures as the State may require for each contaminant, subject to such contaminant level requirement, during the period ending on the date compliance with such requirement is required. Before a schedule prescribed by a State pursuant to this subparagraph may take effect, the State shall provide notice and opportunity for a public hearing on the schedule. A notice given pursuant to the preceding sentence may cover the prescribing of more than one such schedule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice. A schedule prescribed pursuant to this subparagraph for a public water system granted a variance shall require compliance by the system with each contaminant level requirement with respect to which the variance was granted as expeditiously as practicable (as the State may reasonably determine). (B) A State which has primary enforcement responsibility for public water systems may grant to one or more public water systems within its jurisdiction one or more variances from any provision of the national primary drinking water regulation which requires the use of a specified treatment technique with respect to a contaminant if the public water system applying for the variance demonstrates to the satisfaction of the State that such treatment technique is not necessary to protect the health of persons because of the nature of the raw water source of such system. A variance granted under this subparagraph shall be conditioned on such monitoring and other requirements as the Administrator may prescribe. (C) Before a variance proposed to be granted by a State under subparagraph (A) or (B) may take effect, such State shall provide notice and opportunity for public hearing on the proposed variance. A notice given pursuant to the preceding sentence may cover the granting of more than one variance and a hearing held pursuant to such notice shall include each of the variances covered by the notice. The State shall promptly notify the Administrator of all variances granted by it. Such notification shall contain the reason for the variance (and in the case of a variance under subparagraph (A), the basis for the finding required by that subparagraph before the granting of the variance) and documentation of the need for the variance. (D) Each public water system's variance granted by a State under subparagraph (A) shall be conditioned by the State upon compliance by the public water system with the schedule prescribed by the State pursuant to that subparagraph. The requirements of each schedule prescribed by a State pursuant to that subparagraph shall be enforceable by the State under its laws. Any requirement of a schedule on which a variance granted under that subparagraph is conditioned may be enforced under section 300g-3 of this title as if such requirement was part of a national primary drinking water regulation. (E) Each schedule prescribed by a State pursuant to subparagraph (A) shall be deemed approved by the Administrator unless the variance for which it was prescribed is revoked by the Administrator under subparagraph (G) or the schedule is revised by the Administrator under such subparagraph. (F) Not later than 18 months after the effective date of the interim national primary drinking water regulations the Administrator shall complete a comprehensive review of the variances granted under subparagraph (A) (and schedules prescribed pursuant thereto) and under subparagraph (B) by the States during the one-year period beginning on such effective date. The Administrator shall conduct such subsequent reviews of variances and schedules as he deems necessary to carry out the purposes of this subchapter, but each subsequent review shall be completed within each 3-year period following the completion of the first review under this subparagraph. Before conducting any review under this subparagraph, the Administrator shall publish notice of the proposed review in the Federal Register. Such notice shall (i) provide information respecting the location of data and other information respecting the variances to be reviewed (including data and other information concerning new scientific matters bearing on such variances), and (ii) advise of the opportunity to submit comments on the variances reviewed and on the need for continuing them. Upon completion of any such review, the Administrator shall publish in the Federal Register the results of his review together with findings responsive to comments submitted in connection with such review. (G)(i) If the Administrator finds that a State has, in a substantial number of instances, abused its discretion in granting variances under subparagraph (A) or (B) or that in a substantial number of cases the State has failed to prescribe schedules in accordance with subparagraph (A), the Administrator shall notify the State of his findings. In determining if a State has abused its discretion in granting variances in a substantial number of instances, the Administrator shall consider the number of persons who are affected by the variances and if the requirements applicable to the granting of the variances were complied with. A notice under this clause shall - (I) identify each public water system with respect to which the finding was made, (II) specify the reasons for the finding, and (III) as appropriate, propose revocations of specific variances or propose revised schedules or other requirements for specific public water systems granted variances, or both. (ii) The Administrator shall provide reasonable notice and public hearing on the provisions of each notice given pursuant to clause (i) of this subparagraph. After a hearing on a notice pursuant to such clause, the Administrator shall (I) rescind the finding for which the notice was given and promptly notify the State of such rescission, or (II) promulgate (with such modifications as he deems appropriate) such variance revocations and revised schedules or other requirements proposed in such notice as he deems appropriate. Not later than 180 days after the date a notice is given pursuant to clause (i) of this subparagraph, the Administrator shall complete the hearing on the notice and take the action required by the preceding sentence. (iii) If a State is notified under clause (i) of this subparagraph of a finding of the Administrator made with respect to a variance granted a public water system within that State or to a schedule or other requirement for a variance and if, before a revocation of such variance or a revision of such schedule or other requirement promulgated by the Administrator takes effect, the State takes corrective action with respect to such variance or schedule or other requirement which the Administrator determines makes his finding inapplicable to such variance or schedule or other requirement, the Administrator shall rescind the application of his finding to that variance on schedule or other requirement. No variance revocation or revised schedule or other requirement may take effect before the expiration of 90 days following the date of the notice in which the revocation or revised schedule or other requirement was proposed. (2) If a State does not have primary enforcement responsibility for public water systems, the Administrator shall have the same authority to grant variances in such State as the State would have under paragraph (1) if it had primary enforcement responsibility. (3) The Administrator may grant a variance from any treatment technique requirement of a national primary drinking water regulation upon a showing by any person that an alternative treatment technique not included in such requirement is at least as efficient in lowering the level of the contaminant with respect to which such requirement was prescribed. A variance under this paragraph shall be conditioned on the use of the alternative treatment technique which is the basis of the variance. (b) Enforcement of schedule or other requirement Any schedule or other requirement on which a variance granted under paragraph (1)(B) or (2) of subsection (a) of this section is conditioned may be enforced under section 300g-3 of this title as if such schedule or other requirement was part of a national primary drinking water regulation. (c) Applications for variances; regulations: reasonable time for acting If an application for a variance under subsection (a) of this section is made, the State receiving the application or the Administrator, as the case may be, shall act upon such application within a reasonable period (as determined under regulations prescribed by the Administrator) after the date of its submission. (d) 'Treatment technique requirement' defined For purposes of this section, the term 'treatment technique requirement' means a requirement in a national primary drinking water regulation which specifies for a contaminant (in accordance with section 300f(1)(C)(ii) of this title) each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 300g-1(b)(3) of this title. -SOURCE- (July 1, 1944, ch. 373, title XIV, Sec. 1415, as added Dec. 16, 1974, Pub. L. 93-523, Sec. 2(a), 88 Stat. 1669, and amended June 19, 1986, Pub. L. 99-339, title I, Sec. 104, 100 Stat. 649.) -MISC1- AMENDMENTS 1986 - Subsec. (a)(1)(A). Pub. L. 99-339, Sec. 104(1)-(3), substituted 'such drinking water regulation. A variance may only be issued to a system after the system's application' for 'such drinking water regulation despite application', struck out 'generally' after 'finds are', inserted provisions relating to proposal and promulgation by Administrator of a finding on best available technology, treatment techniques or other means available for each contaminant at time of proposal and promulgation of maximum contaminant levels, and substituted 'at the time' for 'within one year of the date'. Subsec. (a)(1)(A)(ii). Pub. L. 99-339, Sec. 104(4), substituted 'water system of such additional control' for 'water system of such control'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300g, 300g-1, 300g-2, 300g-3, 300j-2, 300j-7, 300j-8 of this title. ------DocID 45513 Document 338 of 401------ -CITE- 42 USC Sec. 300h-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XII Part C -HEAD- Sec. 300h-4. Optional demonstration by States relating to oil or natural gas -STATUTE- (a) Approval of State underground injection control program; alternative showing of effectiveness of program by State For purposes of the Administrator's approval or disapproval under section 300h-1 of this title of that portion of any State underground injection control program which relates to - (1) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production or natural gas storage operations, or (2) any underground injection for the secondary or tertiary recovery of oil or natural gas, in lieu of the showing required under subparagraph (A) of section 300h-1(b)(1) of this title the State may demonstrate that such portion of the State program meets the requirements of subparagraphs (A) through (D) of section 300h(b)(1) of this title and represents an effective program (including adequate recordkeeping and reporting) to prevent underground injection which endangers drinking water sources. (b) Revision or amendment of requirements of regulation; showing of effectiveness of program by State If the Administrator revises or amends any requirement of a regulation under section 300h of this title relating to any aspect of the underground injection referred to in subsection (a) of this section, in the case of that portion of a State underground injection control program for which the demonstration referred to in subsection (a) of this section has been made, in lieu of the showing required under section 300h-1(b)(1)(B) of this title the State may demonstrate that, with respect to that aspect of such underground injection, the State program meets the requirements of subparagraphs (A) through (D) of section 300h(b)(1) of this title and represents an effective program (including adequate recordkeeping and reporting) to prevent underground injection which endangers drinking water sources. (c) Primary enforcement responsibility of State; voiding by Administrator under duly promulgated rule (1) Section 300h-1(b)(3) of this title shall not apply to that portion of any State underground injection control program approved by the Administrator pursuant to a demonstration under subsection (a) of this section (and under subsection (b) of this section where applicable). (2) If pursuant to such a demonstration, the Administrator approves such portion of the State program, the State shall have primary enforcement responsibility with respect to that portion until such time as the Administrator determines, by rule, that such demonstration is no longer valid. Following such a determination, the Administrator may exercise the authority of subsection (c) of section 300h-1 of this title in the same manner as provided in such subsection with respect to a determination described in such subsection. (3) Before promulgating any rule under paragraph (2), the Administrator shall provide opportunity for public hearing respecting such rule. -SOURCE- (July 1, 1944, ch. 373, title XIV, Sec. 1425, as added Dec. 5, 1980, Pub. L. 96-502, Sec. 2(a), 94 Stat. 2737, and amended June 19, 1986, Pub. L. 99-339, title II, Sec. 201(a), 100 Stat. 653.) -MISC1- AMENDMENTS 1986 - Subsec. (a)(1). Pub. L. 99-339 inserted 'or natural gas storage operations, or' after 'production'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300h-2, 300j-2 of this title. ------DocID 45527 Document 339 of 401------ -CITE- 42 USC Sec. 300j-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XII Part E -HEAD- Sec. 300j-4. Records and inspections -STATUTE- (a) Persons subject to requirements; size of system and likely contaminants as considerations for monitoring; monitoring for unregulated contaminants; notification of availability of results; waiver of monitoring requirement; authorization of appropriations (1) Every person who is a supplier of water, who is or may be otherwise subject to a primary drinking water regulation prescribed under section 300g-1 of this title or to an applicable underground injection control program (as defined in section 300h-1(c) of this title), who is or may be subject to the permit requirement of section 300h-3 of this title, or to an order issued under section 300j of this title, or who is a grantee, shall establish and maintain such records, make such reports, conduct such monitoring, and provide such information as the Administrator may reasonably require by regulation to assist him in establishing regulations under this subchapter, in determining whether such person has acted or is acting in compliance with this subchapter in administering any program of financial assistance under this subchapter, in evaluating the health risks of unregulated contaminants, or in advising the public of such risks. In requiring a public water system to monitor under this subsection, the Administrator may take into consideration the system size and the contaminants likely to be found in the system's drinking water. (2) Not later than 18 months after June 19, 1986, the Administrator shall promulgate regulations requiring every public water system to conduct a monitoring program for unregulated contaminants. The regulations shall require monitoring of drinking water supplied by the system and shall vary the frequency and schedule of monitoring requirements for systems based on the number of persons served by the system, the source of supply, and the contaminants likely to be found. Each system shall be required to monitor at least once every 5 years after the effective date of the Administrator's regulations unless the Administrator requires more frequent monitoring. (3) Regulations under paragraph (2) shall list unregulated contaminants for which systems may be required to monitor, and shall include criteria by which the primary enforcement authority in each State could show cause for addition or deletion of contaminants from the designated list. The primary State enforcement authority may delete contaminants for an individual system, in accordance with these criteria, after obtaining approval of assessment of the contaminants potentially to be found in the system. The Administrator shall approve or disapprove such an assessment submitted by a State within 60 days. A State may add contaminants, in accordance with these criteria, without making an assessment, but in no event shall such additions increase Federal expenditures authorized by this section. (4) Public water systems conducting monitoring of unregulated contaminants pursuant to this section shall provide the results of such monitoring to the primary enforcement authority. (5) Notification of the availability of the results of the monitoring programs required under paragraph (2), and notification of the availability of the results of the monitoring program referred to in paragraph (6), shall be given to the persons served by the system and the Administrator. (6) The Administrator may waive the monitoring requirement under paragraph (2) for a system which has conducted a monitoring program after January 1, 1983, if the Administrator determines the program to have been consistent with the regulations promulgated under this section. (7) Any system supplying less than 150 service connections shall be treated as complying with this subsection if such system provides water samples or the opportunity for sampling according to rules established by the Administrator. (8) There are authorized to be appropriated $30,000,000 in the fiscal year ending September 30, 1987 (FOOTNOTE 1) to remain available until expended to carry out the provisions of this subsection. (FOOTNOTE 1) So in original. Probably should be followed by a comma. (b) Entry of establishments, facilities, or other property; inspections; conduct of certain tests; audit and examination of records; entry restrictions; prohibition against informing of a proposed entry (1) Except as provided in paragraph (2), the Administrator, or representatives of the Administrator duly designated by him, upon presenting appropriate credentials and a written notice to any supplier of water or other person subject to (A) a national primary drinking water regulation prescribed under section 300g-1 of this title, (B) an applicable underground injection control program, or (C) any requirement to monitor an unregulated contaminant pursuant to subsection (a) of this section, or person in charge of any of the property of such supplier or other person referred to in clause (A), (B), or (C), is authorized to enter any establishment, facility, or other property of such supplier or other person in order to determine whether such supplier or other person has acted or is acting in compliance with this subchapter, including for this purpose, inspection, at reasonable times, of records, files, papers, processes, controls, and facilities, or in order to test any feature of a public water system, including its raw water source. The Administrator or the Comptroller General (or any representative designated by either) shall have access for the purpose of audit and examination to any records, reports, or information of a grantee which are required to be maintained under subsection (a) of this section or which are pertinent to any financial assistance under this subchapter. (2) No entry may be made under the first sentence of paragraph (1) in an establishment, facility, or other property of a supplier of water or other person subject to a national primary drinking water regulation if the establishment, facility, or other property is located in a State which has primary enforcement responsibility for public water systems unless, before written notice of such entry is made, the Administrator (or his representative) notifies the State agency charged with responsibility for safe drinking water of the reasons for such entry. The Administrator shall, upon a showing by the State agency that such an entry will be detrimental to the administration of the State's program of primary enforcement responsibility, take such showing into consideration in determining whether to make such entry. No State agency which receives notice under this paragraph of an entry proposed to be made under paragraph (1) may use the information contained in the notice to inform the person whose property is proposed to be entered of the proposed entry; and if a State agency so uses such information, notice to the agency under this paragraph is not required until such time as the Administrator determines the agency has provided him satisfactory assurances that it will no longer so use information contained in a notice under this paragraph. (c) Penalty Whoever fails or refuses to comply with any requirement of subsection (a) of this section or to allow the Administrator, the Comptroller General, or representatives of either, to enter and conduct any audit or inspection authorized by subsection (b) of this section shall be subject to a civil penalty of not to exceed $25,000. (d) Confidential information; trade secrets and secret processes; information disclosure; 'information required under this section' defined (1) Subject to paragraph (2), upon a showing satisfactory to the Administrator by any person that any information required under this section from such person, if made public, would divulge trade secrets or secret processes of such person, the Administrator shall consider such information confidential in accordance with the purposes of section 1905 of title 18. If the applicant fails to make a showing satisfactory to the Administrator, the Administrator shall give such applicant thirty days' notice before releasing the information to which the application relates (unless the public health or safety requires an earlier release of such information). (2) Any information required under this section (A) may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this subchapter or to committees of the Congress, or when relevant in any proceeding under this subchapter, and (B) shall be disclosed to the extent it deals with the level of contaminants in drinking water. For purposes of this subsection the term 'information required under this section' means any papers, books, documents, or information, or any particular part thereof, reported to or otherwise obtained by the Administrator under this section. (e) 'Grantee' and 'person' defined For purposes of this section, (1) the term 'grantee' means any person who applies for or receives financial assistance, by grant, contract, or loan guarantee under this subchapter, and (2) the term 'person' includes a Federal agency. (f) Information regarding drinking water coolers The Administrator may utilize the authorities of this section for purposes of part F of this subchapter. Any person who manufactures, imports, sells, or distributes drinking water coolers in interstate commerce shall be treated as a supplier of water for purposes of applying the provisions of this section in the case of persons subject to part F of this subchapter. -SOURCE- (July 1, 1944, ch. 373, title XIV, Sec. 1445, as added Dec. 16, 1974, Pub. L. 93-523, Sec. 2(a), 88 Stat. 1686, and amended Nov. 16, 1977, Pub. L. 95-190, Sec. 12(c), (d), 91 Stat. 1398; June 19, 1986, Pub. L. 99-339, title I, Sec. 106, title III, Sec. 301(h), 100 Stat. 650, 665; Oct. 31, 1988, Pub. L. 100-572, Sec. 5, 102 Stat. 2889.) -MISC1- AMENDMENTS 1988 - Subsec. (f). Pub. L. 100-572 added subsec. (f). 1986 - Subsec. (a)(1). Pub. L. 99-339, Sec. 106(a), (b), designated existing provisions as par. (1) and inserted provisions permitting Administrator to consider size of system and contaminants likely to be found. Subsec. (a)(2) to (7). Pub. L. 99-339, Sec. 106(b), added pars. (2) to (7). Subsec. (a)(8). Pub. L. 99-339, Sec. 301(h), added par. (8). Subsec. (c). Pub. L. 99-339, Sec. 106(c), substituted 'shall be subject to a civil penalty of not to exceed $25,000' for 'may be fined not more than $5,000'. 1977 - Subsec. (a). Pub. L. 95-190, Sec. 12(c), inserted provisions relating to evaluating and advising of health risks of unregulated contaminants. Subsec. (b)(1). Pub. L. 95-190, Sec. 12(d), designated existing provisions as cls. (A) and (B) and added cl. (C) and reference to such cls. (A) to (C). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300g-3, 7412, 9606 of this title. ------DocID 45550 Document 340 of 401------ -CITE- 42 USC Sec. 300n-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIII -HEAD- Sec. 300n-4. Evaluations and reports -STATUTE- (a) Evaluations The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 300k of this title. (b) Report to Congress The Secretary shall, not later than 1 year after the date on which amounts are first appropriated pursuant to section 300n-5(a) of this title, and annually thereafter, submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report summarizing evaluations carried out pursuant to subsection (a) of this section during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this subchapter as the Secretary determines to be appropriate. -SOURCE- (July 1, 1944, ch. 373, title XV, Sec. 1508, as added Aug. 10, 1990, Pub. L. 101-354, Sec. 2, 104 Stat. 415.) -MISC1- PRIOR PROVISIONS A prior section 300n-4, act July 1, 1944, ch. 373, title XV, Sec. 1535, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 3, 88 Stat. 2256, which provided for review by Secretary of operations of designated health systems agencies and State agencies, was repealed by Pub. L. 99-660, title VII, Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 1987. ------DocID 45567 Document 341 of 401------ -CITE- 42 USC Sec. 300s-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIV Part C -HEAD- Sec. 300s-4. Reporting and audit requirements for recipients -STATUTE- (a) Filing of financial statement with appropriate State Agency; form and contents In the case of any facility for which an allotment payment, grant, loan, or loan guarantee has been made under this subchapter, the applicant for such payment, grant, loan, or loan guarantee (or, if appropriate, such other person as the Secretary may prescribe) shall file at least annually with the State Agency for the State in which the facility is located a statement which shall be in such form, and contain such information, as the Secretary may require to accurately show - (1) the financial operations of the facility, and (2) the costs of the facility of providing health services in the facility and the charges made by the facility for providing such services, during the period with respect to which the statement is filed. (b) Maintenance of records; access to books, etc., for audit and examination (1) Each entity receiving Federal assistance under this subchapter shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such entity of the proceeds of such assistance, the total cost of the project in connection with which such assistance is given or used, the amount of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. (2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such entities which in the opinion of the Secretary or the Comptroller General may be related or pertinent to the assistance referred to in paragraph (1). (c) Filing of financial statement with Secretary; form and contents Each such entity shall file at least annually with the Secretary a statement which shall be in such form, and contain such information, as the Secretary may require to accurately show - (1) the financial operations of the facility constructed or modernized with such assistance, and (2) the costs to such facility of providing health services in such facility, and the charges made for such services, during the period with respect to which the statement is filed. -SOURCE- (July 1, 1944, ch. 373, title XVI, Sec. 1625, formerly Sec. 1634, as added Jan. 4, 1975, Pub. L. 93-641, Sec. 4, 88 Stat. 2273, and renumbered Sec. 1625, Oct. 4, 1979, Pub. L. 96-79, title II, Sec. 202(b), 93 Stat. 632.) -MISC1- PRIOR PROVISIONS A prior section 1625 of act July 1, 1944, was renumbered 1610 by Pub. L. 96-79, title II, Sec. 203(b), Oct. 4, 1979, 93 Stat. 635, and is classified to section 300r of this title. ------DocID 45582 Document 342 of 401------ -CITE- 42 USC Sec. 300u-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XV -HEAD- Sec. 300u-4. Status reports to President and Congress; study of health education and preventive health services with respect to insurance coverage -STATUTE- (a) The Secretary shall, not later than two years after June 23, 1976, and annually thereafter, submit to the President for transmittal to Congress a report on the status of health information and health promotion, preventive health services, and education in the appropriate use of health care. Each such report shall include - (1) a statement of the activities carried out under this subchapter since the last report and the extent to which each such activity achieves the purposes of this subchapter; (2) an assessment of the manpower resources needed to carry out programs relating to health information and health promotion, preventive health services, and education in the appropriate use of health care, and a statement describing the activities currently being carried out under this subchapter designed to prepare teachers and other manpower for such programs; (3) the goals and strategy formulated pursuant to section 300u(a)(1) of this title, the models and standards developed under this subchapter, and the results of the study required by subsection (b) of this section; and (4) such recommendations as the Secretary considers appropriate for legislation respecting health information and health promotion, preventive health services, and education in the appropriate use of health care, including recommendations for revisions to and extension of this subchapter. (b) The Secretary shall conduct a study of health education services and preventive health services to determine the coverage of such services under public and private health insurance programs, including the extent and nature of such coverage and the cost sharing requirements required by such programs for coverage of such services. -SOURCE- (July 1, 1944, ch. 373, title XVII, Sec. 1705, as added June 23, 1976, Pub. L. 94-317, title I, Sec. 102, 90 Stat. 699.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 247b, 300u of this title. ------DocID 45597 Document 343 of 401------ -CITE- 42 USC Sec. 300w-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XVII Part A -HEAD- Sec. 300w-4. Application and description of activities -STATUTE- (a) Submission, form, and assurances In order to receive an allotment for a fiscal year under section 300w-1 of this title each State shall submit an application to the Secretary. Each such application shall be in such form and submitted by such date as the Secretary shall require. Each such application shall contain assurances that the legislature of the State has complied with the provisions of subsection (b) of this section and that the State will meet the requirements of subsection (c) of this section. (b) Public hearings After the expiration of the first fiscal year in which a State receives an allotment under section 300w-1 of this title, no funds shall be allotted to such State for any fiscal year under such section unless the legislature of the State conducts public hearings on the proposed use and distribution of funds to be provided under section 300w-2 of this title for such fiscal year. (c) Certifications by chief executive officer of State As part of the annual application required by subsection (a) of this section, the chief executive officer of each State shall certify that the State - (1) agrees to use the funds alloted (FOOTNOTE 1) to it under section 300w-1 of this title in accordance with the requirements of this part; (FOOTNOTE 1) So in original. Probably should be 'allotted'. (2) agrees to establish reasonable criteria to evaluate the effective performance of entities which receive funds from the allotment of the State under this part and procedures for procedural and substantive independent State review of the failure by the State to provide funds for any such entity. (FOOTNOTE 2) (FOOTNOTE 2) So in original. The period probably should be a semicolon. (3) agrees to permit and cooperate with Federal investigations undertaken in accordance with section 300w-6 of this title; (4) has identified those populations, areas, and localities in the State with a need for the services for which funds may be provided by the State under this part; (5) agrees that Federal funds made available under section 300w-2 of this title for any period will be so used as to supplement and increase the level of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs and activities for which funds are provided under that section and will in no event supplant such State, local, and other non-Federal funds; (6) has in effect a system to protect from inappropriate disclosure patient and sex offense victim records maintained by the State in connection with an activity funded under this part or by any entity which is receiving payments from the allotment of the State under this part; and (7) agrees to provide the officer of the State government responsible for the administration of the State highway safety program with an opportunity to - (A) participate in the development of any plan by the State relating to emergency medical services, as such plan relates to highway safety; and (B) review and comment on any proposal by any State agency to use any Federal grant or Federal payment received by the State for the provision of emergency medical services as such proposal relates to highway safety. The Secretary may not prescribe for a State the manner of compliance with the requirements of this subsection. (d) Description of intended use of funds; public access; revision; statement of public health objectives The chief executive officer of a State shall, as part of the application required by subsection (a) of this section, also prepare and furnish the Secretary (in accordance with such form as the Secretary shall provide) with a description of the intended use of the payments the State will receive under section 300w-2 of this title for the fiscal year for which the application is submitted, including information on the programs and activities to be supported and services to be provided. The description shall be made public within the State in such manner as to facilitate comment from any person (including any Federal or other public agency) during development of the description and after its transmittal. The description shall be revised (consistent with this section) throughout the year as may be necessary to reflect substantial changes in the programs and activities assisted by the State under this part, and any revision shall be subject to the requirements of the preceding sentence. The description shall include a statement of the public health objectives expected to be achieved by the State through the use of the payments the State will receive under section 300w-2 of this title. -SOURCE- (July 1, 1944, ch. 373, title XIX, Sec. 1905, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 538, and amended Oct. 30, 1984, Pub. L. 98-555, Sec. 5(a), (d), 98 Stat. 2855, 2856; Nov. 10, 1986, Pub. L. 99-646, Sec. 87(d)(1)(B), 100 Stat. 3624; Nov. 14, 1986, Pub. L. 99-654, Sec. 3(b)(1)(B), 100 Stat. 3663; Nov. 4, 1988, Pub. L. 100-607, title III, Sec. 301(c), 102 Stat. 3112; Nov. 16, 1990, Pub. L. 101-590, Sec. 4, 104 Stat. 2928.) -MISC1- AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-590, which directed amendment of subsec. (c) by adding at the end thereof a new par. (7), was executed by adding par. (7) after par. (6) and before the last sentence to reflect the probable intent of Congress. 1988 - Subsec. (d). Pub. L. 100-607 inserted at end 'The description shall include a statement of the public health objectives expected to be achieved by the State through the use of the payments the State will receive under section 300w-2 of this title.' 1986 - Subsec. (c)(6). Pub. L. 99-646 and Pub. L. 99-654 amended par. (6) identically, substituting 'sex offense' for 'rape'. 1984 - Subsec. (c)(2). Pub. L. 98-555, Sec. 5(a), redesignated par. (3) as (2). Former par. (2), which related to grants for fiscal year 1982, was struck out. Subsec. (c)(3). Pub. L. 98-555, Sec. 5(a), redesignated par. (5) as (3). Former par. (3) redesignated (2). Subsec. (c)(4). Pub. L. 98-555, Sec. 5(a), redesignated par. (6) as (4). Former par. (4), which related to grants for preventive health service programs for hypertension, was struck out. Subsec. (c)(5) to (8). Pub. L. 98-555, Sec. 5(a), redesignated pars. (7) and (8) as (5) and (6), respectively. Former pars. (5) and (6) redesignated (3) and (4), respectively. Subsec. (e). Pub. L. 98-555, Sec. 5(d), struck out subsec. (e) which related to grants by States. EFFECTIVE DATE OF 1986 AMENDMENTS Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, respectively, see section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-654, set out as an Effective Date note under section 2241 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300w-1, 300w-5, 300w-6 of this title. ------DocID 45612 Document 344 of 401------ -CITE- 42 USC Sec. 300x-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XVII Part B subpart 1 -HEAD- Sec. 300x-4. Application and description of activities -STATUTE- (a) Submission, form and assurances In order to receive an allotment for a fiscal year under section 300x-1a of this title each State shall submit an application to the Secretary. Each such application shall be in such form and submitted by such date as the Secretary shall require. Each such application shall contain assurances that the legislature of the State has complied with the provisions of subsection (b) of this section and that the State will meet the requirements of subsection (c) of this section. (b) Public hearings No funds shall be allotted to a State for a fiscal year under section 300x-1a of this title unless the legislature of the State conducts public hearings on the proposed use and distribution of funds to be provided under section 300x-2 of this title for such fiscal year. (c) Certifications by chief executive officer of State As part of the annual application required by subsection (a) of this section, the chief executive officer of each State shall certify as follows: (1) The State agrees to use the funds alloted (FOOTNOTE 1) to it under section 300x-1b of this title in accordance with the requirements of this part. (FOOTNOTE 1) So in original. Probably should be 'allotted'. (2)(A) Of the amounts allotted to a State for mental health activities under this subpart for fiscal year 1991, the State agrees to use not less than 55 percent to develop and provide community mental health services and programs not available on October 1, 1988, and, with respect to each such service provided pursuant to this paragraph, to provide funds for each service only for a limited period of time (as determined by the State), except that funds expended under this subpart for new services developed between October 1, 1984, and October 1, 1988, may be treated as a new service under this paragraph. (B) A State may request a waiver from the Secretary reducing the new service requirement established in subparagraph (A) to not less than 35 percent by 1991, increased to 55 percent by 1994, according to a schedule approved by the Secretary, if - (i)(I) a public hearing is held in the State on the advisability of proceeding with a waiver prior to the submission of a waiver; and (II) the mental health planning council in the State approves such waiver request; and (ii)(I) the State is judged by the Secretary to be in a financial crisis, based on objective standards established in regulations promulgated by the Secretary (such standards may include a large drop in State revenues as a result of changes in economic conditions); (II) more than 15 percent of the State's total community mental health budget is derived from Federal grants under this part and the Secretary determines that it is not feasible for the State to meet the 55 percent standard without substantial and damaging reductions in existing, high priority services; or (III) the Secretary determines that a State has demonstrated substantial ongoing development of new, innovative services for priority populations and that any shift in funding percentages will only disrupt this process and will substantially disrupt services in place. (3) The State agrees to make grants to community mental health centers in the State for the provision of comprehensive mental health services - (A) principally to individuals residing in a defined geographic area (hereinafter in this section referred to as a 'mental health service area'), with special attention to individuals who are chronically mentally ill, (B) within the limits of its capacity, to any individual residing or employed in its mental health service area regardless of ability to pay for such services, current or past health condition, or any other factor, and (C) which are available and accessible promptly, as appropriate and in a manner which preserves human dignity and assures continuity and high quality care. (4) The State agrees to require that any community mental health center in the State receiving a grant from the State under this part provide - (A) outpatient services, including specialized outpatient services for children, the elderly, individuals who are chronically mentally ill, and residents of its mental health service area who have been discharged from inpatient treatment at a mental health facility, (B) 24-hour-a-day emergency care services, (C) day treatment or other partial hospitalization services or psychosocial rehabilitation services, (D) screening for patients being considered for admission to State mental health facilities to determine the appropriateness of such admission, and (E) consultation and education services. (5) The State agrees to provide for periodic independent peer review to assess the quality and appropriateness of treatment services provided by entities that receive funds from the State pursuant to this subpart. (6)(A) Except as provided in subparagraph (B), the State agrees to use the funds allotted to it each fiscal year under section 300x-1a of this title for the mental health and alcohol and drug abuse activities authorized in section 300x-3 of this title as follows: (i) The amount provided for mental health activities shall not exceed an amount which bears the same relationship to the funds allotted to the State for such fiscal year as the funds which would have been received by the State and entities in the State in fiscal year 1981 for mental health services under the Community Mental Health Centers Act (42 U.S.C. 2689 et seq.) and the Mental Health Systems Act (42 U.S.C. 9401 et seq.) and for mental health services demonstrations under section 241 of this title if the Secretary had obligated all of the funds appropriated for such provisions of law under Public Law 96-536 bore to the funds which would have been so received by the State and entities in the State in such fiscal year under such provisions of law and the funds received by the State and entities in the State (I) in fiscal year 1980 under sections 301 (FOOTNOTE 2) and 312 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4571 and 4578) and sections 409 and 410 of the Drug Abuse Prevention, Treatment, and Rehabilitation Act (21 U.S.C. 1176 and 1177), (II) in fiscal year 1988 under part C of this subchapter (FOOTNOTE 2) (as such part was in effect for such fiscal year), (III) in fiscal year 1989 under appropriations made in the Anti-Drug Abuse Act of 1988 to carry out this subpart, and (IV) in fiscal year 1990 under appropriations made in Public Law 101-164 for allotments under this subpart. (FOOTNOTE 2) See References in Text note below. (ii) The amount provided for alcohol and drug abuse activities shall not exceed an amount which bears the same relationship to the funds allotted to the State for such fiscal year as the funds received by the State and entities in the State (I) in fiscal year 1980 under sections 301 (FOOTNOTE 2) and 312 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4571 and 4578) and sections 409 and 410 of the Drug Abuse Prevention, Treatment, and Rehabilitation Act (21 U.S.C. 1176 and 1177), (II) in fiscal year 1988 under part C of this subchapter (FOOTNOTE 2) (as such part was in effect for such fiscal year), (III) in fiscal year 1989 under appropriations made in the Anti-Drug Abuse Act of 1988 to carry out this subpart, and (IV) in fiscal year 1990 under appropriations made in Public Law 101-164 for allotments under this subpart bore to the funds received by the State and entities in the State in such fiscal years under such provisions of law and the funds which would have been received by the State and entities in the State in fiscal year 1981 for mental health services under the Community Mental Health Centers Act (42 U.S.C. 2689 et seq.) and the Mental Health Systems Act (42 U.S.C. 9401 et seq.) and for mental health services demonstrations under section 241 of this title if the Secretary had obligated all of the funds appropriated for such provisions of law under Public Law 96-536. (B) The State agrees to use 90 percent of the funds allotted to it under section 300x-1a of this title for fiscal years beginning after 1988 for the mental health and alcohol and drug abuse activities authorized in section 300x-3 of this title as required in subparagraph (A). (7)(A) In any fiscal year, the State agrees to use funds for the alcohol and drug abuse activities prescribed by section 300x-3(a) of this title as follows: (i) Not less than 35 percent of the amount to be made available for such activities shall be used for programs and activities relating to alcoholism and alcohol abuse. (ii) Not less than 35 percent of the amount to be made available for such activities shall be used for programs and activities relating to drug abuse. (B)(i) For fiscal year 1990 and subsequent fiscal years, the State agrees that, of the amounts reserved by the State to carry out subparagraph (A)(ii), the State will expend not less than 50 percent to provide services described in section 300x-3(c) of this title. (ii) The Secretary may, upon the request of a State, waive all or part of the requirement established in clause (i) for the State if the Secretary determines that the incidence of intravenous drug abuse in the State does not require the level of funding required in such clause. The Secretary shall act upon a request for such a waiver not later than 120 days after the date on which the request is made. The Secretary may approve such request only after providing interested persons in the State an opportunity to comment upon the request. (8) Of the amount to be used in any fiscal year for alcohol or drug abuse activities, the State agrees to use not less than 20 percent of such amount for prevention and early intervention programs designed to discourage the abuse of alcohol or drugs, or both. (9) The State agrees to permit and cooperate with Federal investigations undertaken in accordance with section 300x-6 of this title. (10) That the State has identified those populations, areas, and localities in the State with a need for mental health, alcohol abuse and alcoholism, and drug abuse services. (11)(A) The State agrees to maintain State expenditures for alcohol, drug abuse, and community mental health services at a level equal to not less than the average level of such expenditures maintained by the State for the 2-year period preceding the fiscal year for which the State is applying to receive payments under section 300x-2 of this title. (B) The Secretary may, upon the request of a State, waive the requirement established in subparagraph (A) if the Secretary determines that extraordinary economic conditions in the State justify the waiver. (12) That the State has in effect a system to protect from inappropriate disclosure patient records maintained by the State in connection with an activity funded under this part or by any entity which is receiving payments from the allotment of the State under this part. (13) That the State shall develop and implement arrangements, which are not excessively burdensome on the State, to locate jobs for employees affected adversely by actions taken by the State mental health authority to emphasize outpatient mental health services. (14) Of the amount allotted to a State under this subpart in any fiscal year, the State agrees to use not less than 10 percent for alcohol and drug abuse programs and services designed for women (especially pregnant women and women with dependent children) and demonstration projects for the provision of residential treatment services to pregnant women. (15) Of the amounts allotted in any fiscal year for mental health services under this subpart, the State agrees - (A) to use not less than 10 percent to provide services and programs for seriously emotionally disturbed children and adolescents; and (B) to use, by the end of fiscal year 1990, not less than 50 percent of the amount reserved by the State pursuant to subparagraph (A) to provide new or expanded services and programs that were not available prior to October 1, 1988. (16) The State agrees that the State will, with respect to programs of treatment for intravenous drug abuse, require that any such program receiving funds pursuant to this part, upon reaching 90 percent of its capacity to admit individuals to the program, provide to the State a notification of such fact. (17) The State agrees that the State will, with respect to notifications under paragraph (16), ensure that, to the maximum extent practicable, each individual who requests and is in need of treatment for intravenous drug abuse is admitted to a program described in such paragraph within 7 days after making the request. (18) The State agrees that the State will require any program receiving funds pursuant to this part to carry out outreach activities described in 300x-3(c)(1)(C) of this title. (19) The State agrees that, in carrying out this subpart with respect to substance abuse, payments under section 300x-2 of this title will be targeted to communities with the highest prevalence of substance abuse or the greatest need for treatment services with respect to such abuse, as determined by the State after consideration of - (A) the demand for such services or a need for such services that exceeds the capacity to provide such services; (B) a high prevalence of drug-related criminal activities; and (C) a high incidence of communicable diseases transmitted through intravenous drug abuse. (20) The State agrees that the State will provide to the Secretary any data required by the Secretary pursuant to section 290aa-11 of this title and will cooperate with the Secretary in the development of uniform criteria for the collection of data pursuant to such section. (21) The State agrees to devise and make available at such times as the Secretary may request, a plan that describes how the State can provide services to all individuals seeking treatment services if sufficient resources are available and an estimate of the financial and personnel resources necessary to provide such treatment. (d) Description of intended use of funds; public access; revision The chief executive officer of a State shall, as part of the application required by subsection (a) of this section, also prepare and furnish the Secretary (in accordance with such form as the Secretary shall provide) with a description of the intended use of the payments the State will receive under section 300x-2 of this title for the fiscal year for which the application is submitted, including information on the programs and activities to be supported and services to be provided. The description shall be made public within the State in such manner as to facilitate comment from any person (including any Federal or other public agency) during development of the description and after its transmittal. The description shall be revised (consistent with this section) throughout the year as may be necessary to reflect substantial changes in the programs and activities assisted by the State under this part, and any revision shall be subject to the requirements of the preceding sentence. (e) State mental health services planning council (1) As part of the annual application required by subsection (a) of this section, the chief executive officer of each State shall certify that the State agrees to establish and maintain a State mental health planning council in accordance with this subsection. (2) The duties of the Council will be - (A) to serve as an advocate for chronically mentally ill individuals, severely emotionally disturbed children and youth, and other individuals with mental illnesses or emotional problems; and (B) to monitor, review, and evaluate, not less than once each year, the allocation and adequacy of mental health services within the State. (3) The Council will be composed of residents of the State, including representatives of - (i) the principal State agencies with respect to - (I) mental health, education, vocational rehabilitation, criminal justice, housing, and social services; and (II) the development of the plan submitted pursuant to title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); (ii) public and private entities concerned with the need, planning, operation, funding, and use of mental health services and related support services; (iii) seriously mentally ill individuals who are receiving (or have received) mental health services; and (iv) the families of such individuals. (4) Not less than 50 percent of the members of the Council will be individuals who are not State employees or providers of mental health services. (5) The Council may assist the State in the preparation of the description of intended expenditures required in subsection (d) of this section. (f) Annual report by Secretary to Congressional committees The Secretary shall report annually to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on the new or expanded programs and services initiated and provided in accordance with paragraphs (2), (14), and (15) of subsection (c) of this section. The report shall include a detailed description of such programs and services, an assessment of the adequacy of such programs and services in meeting the alcohol and drug abuse treatment needs of women and the mental health needs of severely disturbed children and adolescents, and such other information, including legislative and administrative recommendations, as the Secretary deems appropriate. (g) Grants by States A State shall be required to make a grant to a community mental health center under subsection (c)(2) of this section unless - (1) the State recommends on the basis of - (A) any Federal finding, Federal administrative action, or judicial proceeding with respect to any such community mental health center, or (B) a review of such center in accordance with the criteria and procedures required under subsection (c)(5) of this section, that the State not be required to make such grants; and (2) the Secretary approves the recommendation of the State under paragraph (1) based upon a substantive and procedural review of the record made by the State in making its recommendation under paragraph (1) which review demonstrates that the community mental health center is not providing services as prescribed by paragraphs (3) and (4) of subsection (c) of this section or is engaged in a substantial misuse of funds. -SOURCE- (July 1, 1944, ch. 373, title XIX, Sec. 1916, formerly Sec. 1915, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 546, amended Jan. 4, 1983, Pub. L. 97-414, Sec. 8(u), 96 Stat. 2063, renumbered Sec. 1916 and amended Oct. 19, 1984, Pub. L. 98-509, title I, Sec. 103, 106(a)-(c), (f), (g), 98 Stat. 2355, 2358, 2359; Oct. 7, 1985, Pub. L. 99-117, Sec. 7(a), 99 Stat. 492; Nov. 14, 1986, Pub. L. 99-660, title V, Sec. 503, 100 Stat. 3797; Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2027-2035, 2037(a)(2), 102 Stat. 4199-4201, 4203; Aug. 16, 1989, Pub. L. 101-93, Sec. 2(e)-(l), (p)(1), (q)(1), 103 Stat. 606-609; Aug. 15, 1990, Pub. L. 101-374, Sec. 4(b), 104 Stat. 459.) -REFTEXT- REFERENCES IN TEXT The Community Mental Health Centers Act, referred to in subsec. (c)(6)(A), is title II of Pub. L. 88-164, as added by Pub. L. 94-63, title III, Sec. 303, July 29, 1975, 89 Stat. 309, and amended, which was classified principally to subchapter III (Sec. 2689 et seq.) of chapter 33 of this title prior to its repeal by Pub. L. 97-35, title IX, Sec. 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560. The Mental Health Systems Act, referred to in subsec. (c)(6)(A), is Pub. L. 96-398, Oct. 7, 1980, 96 Stat. 1564, as amended, which is classified principally to chapter 102 (Sec. 9401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9401 of this title and Tables. Public Law 96-536, referred to in subsec. (c)(6)(A), is Pub. L. 96-536, Dec. 16, 1980, 94 Stat. 3166, which set forth continuing appropriations for fiscal year 1981. Provisions relating to appropriations for mental health services under that Act were not classified to the Code. Section 301 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4571), referred to in subsec. (c)(6)(A)(i)(I), (ii)(I), was renumbered section 540 of title V of act July 1, 1944, by Pub. L. 98-24, Sec. 2(b)(13), Apr. 26, 1983, 97 Stat. 181, and Pub. L. 100-77, title VI, Sec. 611(2), July 22, 1987, 101 Stat. 516, and is classified to section 290dd of this title. Section 409 of the Drug Abuse Prevention, Treatment, and Rehabilitation Act, referred to in subsec. (c)(6)(A)(i)(I), (ii)(I), which was classified to section 1176 of Title 21, Food and Drugs, was repealed by Pub. L. 97-35, title IX, Sec. 969(a), Aug. 13, 1981, 95 Stat. 595. Part C of this subchapter, referred to in subsec. (c)(6)(A)(i)(II), (ii)(II), was repealed by Pub. L. 100-690, title II, Sec. 2038(1), Nov. 18, 1988, 102 Stat. 4203, and part D of this subchapter was redesignated part C by Pub. L. 101-93, Sec. 5(f)(1)(A), Aug. 16, 1989, 103 Stat. 612. The Anti-Drug Abuse Act of 1988, referred to in subsec. (c)(6)(A)(i)(III), (ii)(III), is Pub. L. 100-690, Nov. 18, 1988, 102 Stat. 4181, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 21, Food and Drugs, and Tables. Public Law 101-164, referred to in subsec. (c)(6)(A)(i)(IV), (ii)(IV), is Pub. L. 101-164, Nov. 21, 1989, 103 Stat. 1069, known as the Department of Transportation and Related Agencies Appropriations Act, 1990. For complete classification of this Act to the Code, see Tables. The Social Security Act, referred to in subsec. (e)(3)(i)(II), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Social Security Act is classified generally to subchapter XIX (Sec. 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -MISC2- PRIOR PROVISIONS A prior section 1916 of act July 1, 1944, was renumbered section 1917 by section 106(g) of Pub. L. 98-509, and is classified to section 300x-5 of this title. AMENDMENTS 1990 - Subsec. (c)(6)(A)(i). Pub. L. 101-374, Sec. 4(b)(1), added subcl. (IV) relating to fiscal year 1990. Subsec. (c)(6)(A)(ii). Pub. L. 101-374, Sec. 4(b)(2), added subcl. (IV) relating to fiscal year 1990. 1989 - Subsec. (a). Pub. L. 101-93, Sec. 2(p)(1)(A), substituted 'section 300x-1a of this title' for 'section 300x-1b(b) of this title'. Subsec. (b). Pub. L. 101-93, Sec. 2(p)(1)(B), substituted 'No funds shall be allotted to a State for a fiscal year under section 300x-1a of this title unless' for 'After the expiration of the first fiscal year in which a State receives an allotment under section 300x-1b(b) of this title, no funds shall be allotted to such State for any fiscal year under such section unless'. Subsec. (c). Pub. L. 101-93, Sec. 2(f)(1), made technical correction to directory language of Pub. L. 100-690, Sec. 2028(2), see 1988 Amendment note below. Subsec. (c)(2)(A). Pub. L. 101-93, Sec. 2(e), substituted 'this subpart' for 'this part' in two places. Subsec. (c)(5). Pub. L. 101-93, Sec. 2(f)(2), substituted 'The State agrees to' for 'the State will'. Pub. L. 101-93, Sec. 2(f)(1), made technical correction to directory language of Pub. L. 100-690, Sec. 2028(1), see 1988 Amendment note below. Subsec. (c)(6)(A). Pub. L. 101-93, Sec. 2(g)(1), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: 'The State agrees to use the funds allotted to it under section 300x-1b of this title for fiscal year 1982 for the mental health and alcohol and drug abuse activities prescribed by section 300x-3(a) of this title as follows:'. Subsec. (c)(6)(A)(i). Pub. L. 101-93, Sec. 2(g)(2), inserted 'and' before 'for mental health services demonstrations', substituted 'State (I) in fiscal year 1980' for 'State in fiscal year 1980', and added subcls. (II) and (III). Subsec. (c)(6)(A)(ii). Pub. L. 101-93, Sec. 2(g)(3)(B), substituted 'State (I) in fiscal year 1980' for 'State in fiscal year 1980', inserted subcls. (II) and (III), and substituted 'such fiscal years under such provisions of law' for 'such fiscal year under such sections'. Pub. L. 101-93, Sec. 2(g)(3)(A), amended cl. (ii) to read as if the amendment made by Pub. L. 100-690, Sec. 2029(1), had not been enacted, see 1988 Amendment note below. Subsec. (c)(6)(B). Pub. L. 101-93, Sec. 2(g)(4), substituted 'under section 300x-1a of this title for fiscal years beginning after 1988' for 'under section 300x-1b of this title for fiscal years beginning after fiscal year 1984' and 'activities authorized in section 300x-3 of this title as required in subparagraph (A)' for 'activities prescribed by section 300x-3(a) of this title as prescribed in subparagraph (A)'. Subsec. (c)(7). Pub. L. 101-93, Sec. 2(h)(2), designated existing provision as subpar. (A) and redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpar. (B). Pub. L. 101-93, Sec. 2(h)(1), amended par. (7) to read as if the amendment made by Pub. L. 100-690, Sec. 2030, had not been enacted, see 1988 Amendment note below. Subsec. (c)(11)(A). Pub. L. 101-93, Sec. 2(i), substituted 'to maintain State expenditures for alcohol, drug abuse, and community mental health services' for 'that the State will maintain State expenditures for services provided pursuant to this subpart'. Subsec. (c)(14). Pub. L. 101-93, Sec. 2(j), substituted 'this subpart' for 'this part' and inserted 'alcohol and drug abuse' before 'programs'. Subsec. (c)(15). Pub. L. 101-93, Sec. 2(k), inserted period at end. Subsec. (e)(1). Pub. L. 101-93, Sec. 2(l)(1), substituted 'As part of the annual application required by subsection (a) of this section, the chief executive officer of each State shall certify that the State agrees' for 'The State agrees'. Subsec. (e)(3)(iii). Pub. L. 101-93, Sec. 2(q)(1), substituted 'seriously' for 'chronically'. Subsec. (e)(5). Pub. L. 101-93, Sec. 2(l)(2), substituted 'subsection (d) of this section' for 'section 300x-11 of this title'. 1988 - Subsec. (c). Pub. L. 100-690, Sec. 2028(2), as amended by Pub. L. 101-93, Sec. 2(f)(1), struck out at end 'The Secretary may not prescribe for a State the manner of compliance with the requirements of this subsection.' Subsec. (c)(2). Pub. L. 100-690, Sec. 2027, amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'Except as provided in subsection (h) of this section, for fiscal years 1985, 1986, and 1987, the State agrees to make grants, subject to paragraphs (3) and (4), to each community mental health center within the State which received a grant under the Community Mental Health Centers Act in fiscal year 1981 and which would be eligible to receive a grant for its operation under that Act (as in effect on the day before August 13, 1981) for such fiscal year if such grants were made under such Act.' Subsec. (c)(5). Pub. L. 100-690, Sec. 2028(1), as amended by Pub. L. 101-93, Sec. 2(f)(1), amended par. (5) generally. Prior to amendment, par. (5) read as follows: 'The State agrees to establish reasonable criteria to evaluate the effective performance of entities which receive funds from the State under this part and procedures for procedural and substantive independent State review of the failure by the State to provide funds for any such entity.' Subsec. (c)(6)(A)(ii). Pub. L. 100-690, Sec. 2029(1), substituted 'Health Systems Act,' for 'Health Systems Act and' and inserted ', in fiscal year 1988 under part C of this subchapter (as in effect on September 30, 1988), and in fiscal year 1989 under appropriations made in the Anti-Drug Abuse Act to carry out this part' before period at end. Subsec. (c)(6)(B). Pub. L. 100-690, Sec. 2029(2), substituted '90 percent' for '75 percent'. Subsec. (c)(7). Pub. L. 100-690, Sec. 2030, inserted at end 'For fiscal year 1990 and subsequent fiscal years, the State agrees that, of the amounts reserved by the State to carry out subparagraph (B), the State will use not less than 50 percent to provide services described in section 300x-3(c) of this title.' Subsec. (c)(11). Pub. L. 100-690, Sec. 2031, amended par. (11) generally. Prior to amendment, par. (11) read as follows: 'That the Federal funds made available under section 300x-2 of this title for any period will be so used as to supplement and increase the level of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs and activities for which funds are provided under that section and will in no event supplant such State, local, and other non-Federal funds.' Subsec. (c)(14). Pub. L. 100-690, Sec. 2032, amended par. (14) generally. Prior to amendment, par. (14) read as follows: 'Of the amount allotted to a State under this part in any fiscal year, the State agrees to use - '(A) in fiscal year 1985, not less than 3 percent of such amount; and '(B) in any other fiscal year, not less than 5 percent of such amount, to initiate and provide new or expanded alcohol and drug abuse services for women.' Subsec. (c)(15). Pub. L. 100-690, Sec. 2033, amended par. (15) generally. Prior to amendment, par. (15) read as follows: 'Of the amount to be used in any fiscal year for mental health activities, the State agrees to use not less than 10 percent of such amount to initiate and provide - '(A) in fiscal year 1985, new comprehensive community mental health services for underserved areas or for underserved populations, with special emphasis on new mental health services for severely disturbed children and adolescents; and '(B) in any other fiscal year, new or expanded comprehensive community mental health services for underserved areas or for underserved populations, with special emphasis on new or expanded mental health services for severely disturbed children and adolescents.' Subsec. (c)(16) to (21). Pub. L. 100-690, Sec. 2034, added pars. (16) to (21). Subsec. (e). Pub. L. 100-690, Sec. 2035, redesignated subsec. (f) as (e) and amended it generally, and struck out former subsec. (e), which related to contents of comprehensive State mental health plan. Prior to amendment, subsec. (e), formerly (f), read as follows: 'The chief executive officer of the State shall establish a State mental health services planning council which will - '(1) serve as an advocate for chronically mentally ill individuals, seriously mentally ill children, adolescents, elderly individuals, and other individuals with mental illness or emotional problems, and '(2) monitor, review, and evaluate, not less often than annually, the allocation and adequacy of mental health services within the State. Such a council shall be made up of residents of the State and include in its membership representatives of the principal State agencies involved in mental health, higher education training facilities, and public and private entities concerned with the need, planning, operation, funding, and use of mental health and related services and activities. At least one half of the membership shall consist of individuals who are not State employees or providers of mental health services. The State may use amounts available under section 300x-3(a) of this title to establish and operate such a council.' Subsec. (f). Pub. L. 100-690, Sec. 2035, 2037(a)(2), redesignated subsec. (g) as (f) and substituted 'paragraphs (2), (14), and (15)' for 'paragraphs (14) and (15)'. Former subsec. (f) redesignated (e). Subsecs. (g), (h). Pub. L. 100-690, Sec. 2035(b)(2), redesignated subsecs. (g) and (h) as (f) and (g), respectively. 1986 - Subsec. (f). Pub. L. 99-660 substituted 'The chief executive officer of the State shall' for 'With amounts available under section 300x-3(a) of this title, the chief executive officer of the State may' in introductory provisions and inserted at end 'The State may use amounts available under section 300x-3(a) of this title to establish and operate such a council.' 1985 - Subsec. (c)(14). Pub. L. 99-117, Sec. 7(a)(1), added par. (14). Former par. (14), providing that, of amount allotted to a State under this part in any fiscal year, the State would agree to use not less than 5 pecent of such amount to initiate and provide new alcohol and drug abuse services for women, was struck out. Subsec. (c)(15). Pub. L. 99-117, Sec. 7(a)(1), added par. (15). Former par. (15), providing that, of amounts to be used in any fiscal year for mental health activities, the State would agree to use not less than 10 percent of such amount to initiate and provide (A) new mental health services for severely disturbed children and adolescents, and (B) new comprehensive community mental health programs for underserved areas or for underserved populations, was struck out. Subsec. (g). Pub. L. 99-117, Sec. 7(a)(3), inserted 'or expanded' after 'Senate on the new'. 1984 - Pub. L. 98-509, Sec. 106(b), (c), (f), made technical amendments to references to sections 300x-2, 300x-3, 300x-6 of this title wherever appearing in this section to reflect renumbering of corresponding sections of original act. Subsecs. (a), (b), (c)(1). Pub. L. 98-509, Sec. 106(a), substituted 'section 300x-1b' for 'section 300x-1'. Subsec. (c)(2). Pub. L. 98-509, Sec. 103(b)(1), (d)(2), substituted 'subsection (h) of this section' for 'subsection (e) of this section' and '1985, 1986, and 1987' for '1982, 1983, and 1984'. Subsec. (c)(4)(C). Pub. L. 98-509, Sec. 103(d)(3), inserted 'or psychosocial rehabilitation services'. Subsec. (c)(6)(A). Pub. L. 98-509, Sec. 106(a), substituted 'section 300x-1b' for 'section 300x-1'. Subsec. (c)(6)(B). Pub. L. 98-509, Sec. 103(a), substituted '75 percent of the funds allotted to it under section 300x-1b of this title for fiscal years beginning after fiscal year 1984' for '95 percent of the funds allotted to it under section 300x-1 of this title for fiscal year 1983'. Subsec. (c)(6)(C). Pub. L. 98-509, Sec. 103(a), struck out subpar. (C) which required the State to use 85 percent of the funds allotted to it under former section 300x-1 of this title for fiscal year 1984 for the mental health and alcohol and drug abuse activities prescribed by section 300x-3(a) of this title as prescribed by subpar. (A). Subsec. (c)(14), (15). Pub. L. 98-509, Sec. 103(b)(2), which directed that pars. (14) and (15) be added at end of subsec. (c) was executed by adding pars. (14) and (15) after par. (13) as the probable intent of Congress. Subsecs. (e) to (h). Pub. L. 98-509, Sec. 103(d)(1), added subsecs. (e) to (g) and redesignated former subsec. (e) as (h). 1983 - Subsec. (c)(5). Pub. L. 97-414, Sec. 8(u)(1), inserted 'procedures for' before 'procedural' and substituted 'review' for 'review procedures' after 'independent State'. Subsec. (c)(6)(A)(i). Pub. L. 97-414, Sec. 8(u)(2)(A), struck out 'for mental health services' after 'as the funds', inserted 'for mental health services' after 'fiscal year 1981', inserted 'for mental health services demonstrations under section 241 of this title' before 'if the Secretary', and substituted 'such provisions of law' for 'such Acts' wherever appearing. Subsec. (c)(6)(A)(ii). Pub. L. 97-414, Sec. 8(u)(2)(B), struck out 'for mental health services' after 'and the funds', inserted 'for mental health services' after 'fiscal year 1981', inserted 'and for mental health services demonstrations under section 241 of this title' before 'if the Secretary', and substituted 'such provisions of law' for 'such Acts' after 'funds appropriated for'. EFFECTIVE DATE OF 1990 AMENDMENT Section 4(c)(2) of Pub. L. 101-374 provided that: 'The amendments made by subsection (b) (amending this section) shall take effect October 1, 1990, or upon the date of the enactment of this Act (Aug. 15, 1990), whichever occurs later.' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-509 applicable with respect to applications for allotments under this part for fiscal years beginning after fiscal year 1984 and to allotments made under such part for such fiscal years, see section 107 of Pub. L. 98-509, set out as a note under section 300x of this title. ADAMHA IV DRUG ABUSE WAIVER Pub. L. 101-381, title IV, Sec. 421, Aug. 18, 1990, 104 Stat. 628, provided that: 'Any State that received a waiver under section 1916(c)(7) of the Public Health Service Act (42 U.S.C. 300x-4(a)(7) (subsec. (c)(7) of this section)) of $100,000 or less for fiscal year 1989 shall be granted a waiver under such section for fiscal years 1990 and 1991.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300x-1b, 300x-3, 300x-5, 300x-6, 300x-11, 1395x of this title. ------DocID 45635 Document 345 of 401------ -CITE- 42 USC Sec. 300z-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XVIII -HEAD- Sec. 300z-4. Grants for demonstration projects for services -STATUTE- (a) Priorities In approving applications for grants for demonstration projects for services under this subchapter, the Secretary shall give priority to applicants who - (1) serve an area where there is a high incidence of adolescent pregnancy; (2) serve an area with a high proportion of low-income families and where the availability of programs of care for pregnant adolescents and adolescent parents is low; (3) show evidence - (A) in the case of an applicant who will provide care services, of having the ability to bring together a wide range of needed core services and, as appropriate, supplemental services in comprehensive single-site projects, or to establish a well-integrated network of such services (appropriate for the target population and geographic area to be served including the special needs of rural areas) for pregnant adolescents or adolescent parents; or (B) in the case of an applicant who will provide prevention services, of having the ability to provide prevention services for adolescents and their families which are appropriate for the target population and the geographic area to be served, including the special needs of rural areas; (4) will utilize to the maximum extent feasible existing available programs and facilities such as neighborhood and primary health care centers, maternity homes which provide or can be equipped to provide services to pregnant adolescents, agencies serving families, youth, and children with established programs of service to pregnant adolescents and vulnerable families, licensed adoption agencies, children and youth centers, maternal and infant health centers, regional rural health facilities, school and other educational programs, mental health programs, nutrition programs, recreation programs, and other ongoing pregnancy prevention services and programs of care for pregnant adolescents and adolescent parents; (5) make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, and other third-party reimbursements; (6) can demonstrate a community commitment to the program by making available to the demonstration project non-Federal funds, personnel, and facilities; (7) have involved the community to be served, including public and private agencies, adolescents, and families, in the planning and implementation of the demonstration project; and (8) will demonstrate innovative and effective approaches in addressing the problems of adolescent premarital sexual relations, pregnancy, or parenthood, including approaches to provide pregnant adolescents with adequate information about adoption. (b) Factors to be considered in making grants; special needs of rural areas (1) The amount of a grant for a demonstration project for services under this subchapter shall be determined by the Secretary, based on factors such as the incidence of adolescent pregnancy in the geographic area to be served, and the adequacy of pregnancy prevention services and programs of care for pregnant adolescents and adolescent parents in such area. (2) In making grants for demonstration projects for services under this subchapter, the Secretary shall consider the special needs of rural areas and, to the maximum extent practicable, shall distribute funds taking into consideration the relative number of adolescents in such areas in need of such services. (c) Duration; Federal share (1) A grantee may not receive funds for a demonstration project for services under this subchapter for a period in excess of 5 years. (2)(A) Subject to paragraph (3), a grant for a demonstration project for services under this subchapter may not exceed - (i) 70 per centum of the costs of the project for the first and second years of the project; (ii) 60 per centum of such costs for the third year of the project; (iii) 50 per centum of such costs for the fourth year of the project; and (iv) 40 per centum of such costs for the fifth year of the project. (B) Non-Federal contributions required by subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. (3) The Secretary may waive the limitation specified in paragraph (2)(A) for any year in accordance with criteria established by regulation. -SOURCE- (July 1, 1944, ch. 373, title XX, Sec. 2005, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 955(a), 95 Stat. 584.) ------DocID 45647 Document 346 of 401------ -CITE- 42 USC Sec. 300aa-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIX Part 1 -HEAD- Sec. 300aa-4. Report -STATUTE- The Director shall report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate not later than January 1, 1988, and annually thereafter on the implementation of the Program and the plan prepared under section 300aa-3 of this title. -SOURCE- (July 1, 1944, ch. 373, title XXI, Sec. 2104, as added Nov. 14, 1986, Pub. L. 99-660, title III, Sec. 311(a), 100 Stat. 3757.) -MISC1- PRIOR PROVISIONS A prior section 300aa-4, act July 1, 1944, Sec. 2105, was repealed by Pub. L. 99-117, Sec. 12(f), Oct. 7, 1985, 99 Stat. 495. See section 300cc-4 of this title. A prior section 2104 of act July 1, 1944, was renumbered section 2304 by Pub. L. 99-660 and classified to section 300cc-3 of this title, and was repealed by Pub. L. 98-621, Sec. 10(s), Nov. 8, 1984, 98 Stat. 3381. STUDY OF IMPACT ON SUPPLY OF VACCINES Section 316 of title III of Pub. L. 99-660 provided that: 'On June 30, 1987, and on June 30 of each second year thereafter, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate - '(1) an assessment of the impact of the amendments made by this title (enacting this subchapter, amending sections 218, 242c, 262, 286, and 289f of this title, redesignating former sections 300aa to 300aa-15 of this title as sections 300cc to 300cc-15 of this title, and enacting provisions set out as notes under sections 201, 300aa-1, and 300aa-4 of this title) on the supply of vaccines listed in the Vaccine Injury Table under section 2114 of the Public Health Service Act (section 300aa-14 of this title), and '(2) an assessment of the ability of the administrators of vaccines (including public clinics and private administrators) to provide such vaccines to children.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 300aa-5 of this title. ------DocID 45680 Document 347 of 401------ -CITE- 42 USC Sec. 300bb-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XX -HEAD- Sec. 300bb-4. Applicable premium -STATUTE- For purposes of this subchapter - (1) In general The term 'applicable premium' means, with respect to any period of continuation coverage of qualified beneficiaries, the cost to the plan for such period of the coverage for similarly situated beneficiaries with respect to whom a qualifying event has not occurred (without regard to whether such cost is paid by the employer or employee). (2) Special rule for self-insured plans To the extent that a plan is a self-insured plan - (A) In general Except as provided in subparagraph (B), the applicable premium for any period of continuation coverage of qualified beneficiaries shall be equal to a reasonable estimate of the cost of providing coverage for such period for similarly situated beneficiaries which - (i) is determined on an actuarial basis, and (ii) takes into account such factors as the Secretary may prescribe in regulations. (B) Determination on basis of past cost If a plan administrator elects to have this subparagraph apply, the applicable premium for any period of continuation coverage of qualified beneficiaries shall be equal to - (i) the cost to the plan for similarly situated beneficiaries for the same period occurring during the preceding determination period under paragraph (3), adjusted by (ii) the percentage increase or decrease in the implicit price deflator of the gross national product (calculated by the Department of Commerce and published in the Survey of Current Business) for the 12-month period ending on the last day of the sixth month of such preceding determination period. (C) Subparagraph (B) not to apply where significant change A plan administrator may not elect to have subparagraph (B) apply in any case in which there is any significant difference, between the determination period and the preceding determination period, in coverage under, or in employees covered by, the plan. The determination under the preceding sentence for any determination period shall be made at the same time as the determination under paragraph (3). (3) Determination period The determination of any applicable premium shall be made for a period of 12 months and shall be made before the beginning of such period. -SOURCE- (July 1, 1944, ch. 373, title XXII, Sec. 2204, as added Apr. 7, 1986, Pub. L. 99-272, title X, Sec. 10003(a), 100 Stat. 234.) ------DocID 45725 Document 348 of 401------ -CITE- 42 USC Sec. 300ee-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIII -HEAD- Sec. 300ee-4. Technical assistance -STATUTE- The Secretary of Health and Human Services shall provide technical assistance to public and nonprofit private entities carrying out programs, projects, and activities relating to acquired immune deficiency syndrome. -SOURCE- (Pub. L. 100-607, title II, Sec. 255, Nov. 4, 1988, 102 Stat. 3110.) -COD- CODIFICATION Section was enacted as part of the AIDS Amendments of 1988 and as part of the Health Omnibus Programs Extension of 1988, and not as part of the Public Health Service Act which comprises this chapter. ------DocID 45824 Document 349 of 401------ -CITE- 42 USC Sec. 300aaa-4 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXV -HEAD- Sec. 300aaa-4. Availability of appropriations for grants to Federal institutions -STATUTE- Appropriations to the Public Health Service available under this chapter for research, training, or demonstration project grants or for grants to expand existing treatment and research programs and facilities for alcoholism, narcotic addiction, drug abuse, and drug dependence and appropriations under title VI of the Mental Health Systems Act (42 U.S.C. 9511 et seq.) shall also be available on the same terms and conditions as apply to non-Federal institutions, for grants for the same purpose to Federal institutions, except that grants to Federal institutions may be funded at 100 per centum of the costs. -SOURCE- (July 1, 1944, ch. 373, title XXVII, Sec. 2705, formerly title V, Sec. 507, as added June 24, 1967, Pub. L. 90-31, Sec. 5, 81 Stat. 79, and amended Oct. 27, 1970, Pub. L. 91-513, title I, Sec. 3(c), 84 Stat. 1241; Apr. 22, 1976, Pub. L. 94-278, title XI, Sec. 1102(b), 90 Stat. 415; Oct. 7, 1980, Pub. L. 96-398, title VIII, Sec. 804(b), 94 Stat. 1608; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 902(g)(2), 95 Stat. 560; renumbered title XXI, Sec. 2107, Apr. 26, 1983, Pub. L. 98-24, Sec. 2(a)(1), 97 Stat. 176; renumbered title XXIII, Sec. 2307, Nov. 14, 1986, Pub. L. 99-660, title III, Sec. 311(a), 100 Stat. 3755; renumbered title XXV, Sec. 2505, Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 201(1), (3), 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2605, Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2620(a), 102 Stat. 4244; renumbered title XXVII, Sec. 2705, Aug. 18, 1990, Pub. L. 101-381, title I, Sec. 101(1), (2), 104 Stat. 576.) -REFTEXT- REFERENCES IN TEXT The Mental Health Systems Act, referred to in text, is Pub. L. 96-398, Oct. 7, 1980, 94 Stat. 1564, as amended. Title VI of the Mental Health Systems Act is classified generally to subchapter V (Sec. 9511 et seq.) of chapter 102 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9401 of this title and Tables. -COD- CODIFICATION Section was formerly classified to section 300cc-6 of this title prior to renumbering by Pub. L. 100-607, to section 300aa-6 of this title prior to renumbering by Pub. L. 99-660, and to section 225a of this title prior to renumbering by Pub. L. 98-24. -MISC3- AMENDMENTS 1981 - Pub. L. 97-35 struck out provisions relating to appropriations available under Community Mental Health Centers Act for construction, etc. 1980 - Pub. L. 96-398 struck out 'and' after 'drug dependence,' and inserted reference to title VI of the Mental Health Systems Act. 1976 - Pub. L. 94-278 substituted 'Federal institutions, except that grants to' for 'hospitals of the Service, of the Veterans' Administration, or of the Bureau of Prisons of the Department of Justice, and to Saint Elizabeths Hospital, except grants to such'. 1970 - Pub. L. 91-513 inserted references to appropriations available for grants to expand existing treatment and research programs and facilities for alcoholism, narcotic addiction, drug abuse, and drug dependence, and appropriations available under Community Mental Health Centers Act for construction and staffing of community mental health centers and alcoholism and narcotic addiction, drug abuse, and drug dependence facilities, and inserted provision that grants to specified Federal institutions may be funded at 100 per centum of the costs. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97-35, set out as a note under section 300aaa-12 of this title. EFFECTIVE DATE Section 5 of Pub. L. 90-31 provided that this section is effective July 1, 1968. ------DocID 46045 Document 350 of 401------ -CITE- 42 USC Sec. 1320a-4 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XI Part A -HEAD- Sec. 1320a-4. Issuance of subpenas by Comptroller General -STATUTE- (a) Authorization; scope; service and proof of service For the purpose of any audit, investigation, examination, analysis, review, evaluation, or other function authorized by law with respect to any program authorized under this chapter, the Comptroller General of the United States shall have power to sign and issue subpenas to any person requiring the production of any pertinent books, records, documents, or other information. Subpenas so issued by the Comptroller General shall be served by anyone authorized by him (1) by delivering a copy thereof to the person named therein, or (2) by registered mail or by certified mail addressed to such person at his last dwelling place or principal place of business. A verified return by the person so serving the subpena setting forth the manner of service, or, in the case of service by registered mail or by certified mail, the return post office receipt therefor signed by the person so served, shall be proof of service. (b) Contumacy or refusal to obey subpena; contempt proceedings In case of contumacy by, or refusal to obey a subpena issued pursuant to subsection (a) of this section and duly served upon, any person, any district court of the United States for the judicial district in which such person charged with contumacy or refusal to obey is found or resides or transacts business, upon application by the Comptroller General, shall have jurisdiction to issue an order requiring such person to produce the books, records, documents, or other information sought by the subpena; and any failure to obey such order of the court may be punished by the court as a contempt thereof. In proceedings brought under this subsection, the Comptroller General shall be represented by attorneys employed in the General Accounting Office or by counsel whom he may employ without regard to the provisions of title 5 governing appointments in the competitive service, and the provisions of chapter 51 and subchapters III and VI of chapter 53 of such title, relating to classification and General Schedule pay rates. (c) Nondisclosure of personal medical records by General Accounting Office No personal medical record in the possession of the General Accounting Office shall be subject to subpena or discovery proceedings in a civil action. -SOURCE- (Aug. 14, 1935, ch. 531, title XI, Sec. 1125, as added Oct. 25, 1977, Pub. L. 95-142, Sec. 6, 91 Stat. 1192.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (b), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. ------DocID 46056 Document 351 of 401------ -CITE- 42 USC Sec. 1320b-4 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XI Part A -HEAD- Sec. 1320b-4. Nonprofit hospital or rural primary care hospital philanthropy -STATUTE- For purposes of determining, under subchapters XVIII and XIX of this chapter, the reasonable costs of services provided by nonprofit hospitals or rural primary care hospitals, the following items shall not be deducted from the operating costs of such hospitals or rural primary care hospitals: (1) A grant, gift, or endowment, or income therefrom, which is to or for such a hospital and which has not been designated by the donor for paying any specific operating costs. (2) A grant or similar payment which is to such a hospital, which was made by a governmental entity, and which is not available under the terms of the grant or payment for use as operating funds. (3) Those types of donor designated grants and gifts (including grants and similar payments which are made by a governmental entity), and income therefrom, which the Secretary determines, in the best interests of needed health care, should be encouraged. (4) The proceeds from the sale or mortgage of any real estate or other capital asset of such a hospital, which real estate or asset the hospital acquired through gift or grant, if such proceeds are not available for use as operating funds under the terms of the gift or grant. Paragraph (4) shall not apply to the recovery of the appropriate share of depreciation when gains or losses are realized from the disposal of depreciable assets. -SOURCE- (Aug. 14, 1935, ch. 531, title XI, Sec. 1134, as added Dec. 5, 1980, Pub. L. 96-499, title IX, Sec. 901(a), 94 Stat. 2611, and amended Aug. 13, 1981, Pub. L. 97-35, title XXI, Sec. 2193(c)(6), 95 Stat. 827; Sept. 3, 1982, Pub. L. 97-248, title I, Sec. 137(b)(5), 96 Stat. 377; Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6003(g)(3)(D)(iii), 103 Stat. 2153.) -MISC1- AMENDMENTS 1989 - Pub. L. 101-239 substituted 'hospitals or rural primary care hospitals' for 'hospitals' in two places in introductory provisions. 1982 - Par. (4). Pub. L. 97-248 substituted 'sale' for 'scale'. 1981 - Pub. L. 97-35 substituted 'subchapters XVIII and' for 'subchapters V, XVIII, and' in provision preceding par. (1). EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-248 effective as if originally included as part of this section as this section was amended by the Omnibus Budget Reconciliation Act of 1981, Pub. L. 97-35, see section 137(d)(2) of Pub. L. 97-248, set out as a note under section 1396a of this title. EFFECTIVE DATE OF 1981 AMENDMENT, SAVINGS, AND TRANSITIONAL PROVISIONS For effective date, savings, and transitional provisions relating to amendment by Pub. L. 97-35, see section 2194 of Pub. L. 97-35, set out as a note under section 701 of this title. EFFECTIVE DATE Section 901(b) of Pub. L. 96-499 provided that: 'The amendment made by subsection (a) (enacting this section) shall apply to grants, gifts, and endowments, and income therefrom, made or established after the date of the enactment of this Act (Dec. 5, 1980).' ------DocID 46071 Document 352 of 401------ -CITE- 42 USC Sec. 1320c-4 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XI Part B -HEAD- Sec. 1320c-4. Right to hearing and judicial review -STATUTE- Any beneficiary who is entitled to benefits under subchapter XVIII of this chapter, and, subject to section 1320c-3(a)(3)(D) of this title, any practitioner or provider, who is dissatisfied with a determination made by a contracting peer review organization in conducting its review responsibilities under this part, shall be entitled to a reconsideration of such determination by the reviewing organization. Where the reconsideration is adverse to the beneficiary and where the matter in controversy is $200 or more, such beneficiary shall be entitled to a hearing by the Secretary (to the same extent as is provided in section 405(b) of this title), and, where the amount in controversy is $2,000 or more, to judicial review of the Secretary's final decision. -SOURCE- (Aug. 14, 1935, ch. 531, title XI, Sec. 1155, as added Sept. 3, 1982, Pub. L. 97-248, title I, Sec. 143, 96 Stat. 388, and amended Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6224(b)(2), 103 Stat. 2257.) -MISC1- PRIOR PROVISIONS A prior section 1320c-4, act Aug. 14, 1935, ch. 531, title XI, Sec. 1155, as added Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 249F(b), 86 Stat. 1433, and amended Oct. 25, 1977, Pub. L. 95-142, Sec. 5(c)(1), (d)(3), (o)(2), (p), 91 Stat. 1184, 1188, 1191, 1192; Dec. 5, 1980, Pub. L. 96-499, title IX, Sec. 924(b)-(d), 925-927(a), 931(g), 94 Stat. 2629, 2630, 2634; Aug. 13, 1981, Pub. L. 97-35, title XXI, Sec. 2111, 2113(d), 2121(f), 95 Stat. 793, 794, 796, which set out the various functions and duties of Professional Standards Review Organizations, was omitted in the general revision of this part by section 143 of Pub. L. 97-248. AMENDMENTS 1989 - Pub. L. 101-239 inserted ', subject to section 1320c-3(a)(3)(D) of this title,' before 'any practitioner or provider'. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-239 applicable to determinations by utilization and quality control peer review organizations with respect to which preliminary notifications were made under section 1320c-3(a)(3)(B) of this title more than 30 days after Dec. 19, 1989, see section 6224(b)(3) of Pub. L. 101-239, set out as a note under section 1320c-3 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1320c-3 of this title. ------DocID 46137 Document 353 of 401------ -CITE- 42 USC Sec. 1395b-4 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XVIII -HEAD- Sec. 1395b-4. Health insurance information, counseling, and assistance grants -STATUTE- (a) Grants The Secretary of Health and Human Services (in this section referred to as the 'Secretary') shall make grants to States, with approved State regulatory programs under section 1395ss of this title, that submit applications to the Secretary that meet the requirements of this section for the purpose of providing information, counseling, and assistance relating to the procurement of adequate and appropriate health insurance coverage to individuals who are eligible to receive benefits under this subchapter (in this section referred to as 'eligible individuals'). The Secretary shall prescribe regulations to establish a minimum level of funding for a grant issued under this section. (b) Grant applications (1) In submitting an application under this section, a State may consolidate and coordinate an application that consists of parts prepared by more than one agency or department of such State. (2) As part of an application for a grant under this section, a State shall submit a plan for a State-wide health insurance information, counseling, and assistance program. Such program shall - (A) establish or improve upon a health insurance information, counseling, and assistance program that provides counseling and assistance to eligible individuals in need of health insurance information, including - (i) information that may assist individuals in obtaining benefits and filing claims under this subchapter and subchapter XIX of this chapter; (ii) policy comparison information for medicare supplemental policies (as described in section 1395ss(g)(1) of this title (FOOTNOTE 1) and information that may assist individuals in filing claims under such medicare supplemental policies; (FOOTNOTE 1) So in original. Probably should be followed by a closing parenthesis. (iii) information regarding long-term care insurance; and (iv) information regarding other types of health insurance benefits that the Secretary determines to be appropriate; (B) in conjunction with the health insurance information, counseling, and assistance program described in subparagraph (A), establish a system of referral to appropriate Federal or State departments or agencies for assistance with problems related to health insurance coverage (including legal problems), as determined by the Secretary; (C) provide for a sufficient number of staff positions (including volunteer positions) necessary to provide the services of the health insurance information, counseling, and assistance program; (D) provide assurances that staff members (including volunteer staff members) of the health insurance information, counseling, and assistance program have no conflict of interest in providing the services described in subparagraph (A); (E) provide for the collection and dissemination of timely and accurate health care information to staff members; (F) provide for training programs for staff members (including volunteer staff members); (G) provide for the coordination of the exchange of health insurance information between the staff of departments and agencies of the State government and the staff of the health insurance information, counseling, and assistance program; (H) make recommendations concerning consumer issues and complaints related to the provision of health care to agencies and departments of the State government and the Federal Government responsible for providing or regulating health insurance; (I) establish an outreach program to provide the health insurance information and counseling described in subparagraph (A) and the assistance described in subparagraph (B) to eligible individuals; and (J) demonstrate, to the satisfaction of the Secretary, an ability to provide the counseling and assistance required under this section. (c) Special grants (1) A State that is conducting a health insurance information, counseling, and assistance program that is substantially similar to a program described in subsection (b)(2) of this section shall, as a requirement for eligibility for a grant under this section, demonstrate, to the satisfaction of the Secretary, that such State shall maintain the activities of such program at least at the level that such activities were conducted immediately preceding the date of the issuance of any grant during the period of time covered by such grant under this section and that such activities will continue to be maintained at such level. (2) If the Secretary determines that the existing health insurance information, counseling, and assistance program is substantially similar to a program described in subsection (b)(2) of this section, the Secretary may waive some or all of the requirements described in such subsection and issue a grant to the State for the purpose of increasing the number of services offered by the health insurance information, counseling, and assistance program, experimenting with new methods of outreach in conducting such program, or expanding such program to geographic areas of the State not previously served by the program. (d) Criteria for issuing grants In issuing a grant under this section, the Secretary shall consider - (1) the commitment of the State to carrying out the health insurance information, counseling, and assistance program described in subsection (b)(2) of this section, including the level of cooperation demonstrated - (A) by the office of the chief insurance regulator of the State, or the equivalent State entity; (B) other officials of the State responsible for overseeing insurance plans issued by nonprofit hospital and medical service associations; and (C) departments and agencies of such State responsible for - (i) administering funds under subchapter XIX of this chapter, and (ii) administering funds appropriated under the Older Americans Act (42 U.S.C. 3001 et seq.); (2) the population of eligible individuals in such State as a percentage of the population of such State; and (3) in order to ensure the needs of rural areas in such State, the relative costs and special problems associated with addressing the special problems of providing health care information, counseling, and assistance to the rural areas of such State. (e) Annual State report A State that receives a grant under subsection (c) or (d) (FOOTNOTE 2) of this section shall, not later than 180 days after receiving such grant, and annually thereafter, issue an annual report to the Secretary that includes information concerning - (FOOTNOTE 2) So in original. Probably should be subsection '(a) or (c)'. (1) the number of individuals served by the State-wide health insurance information, counseling and assistance program of such State; (2) an estimate of the amount of funds saved by the State, and by eligible individuals in the State, in the implementation of such program; and (3) the problems that eligible individuals in such State encounter in procuring adequate and appropriate health care coverage. (f) (FOOTNOTE 3) Report to Congress (FOOTNOTE 3) So in original. Two subsecs. (f) have been enacted. Not later than 180 days after November 5, 1990, and annually thereafter, the Secretary shall issue a report to the Committee on Finance of the Senate, the Special Committee on Aging of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Select Committee on Aging of the House of Representatives that - (1) summarizes the allocation of funds authorized for grants under this section and the expenditure of such funds; (2) summarizes the scope and content of training conferences convened under this section; (3) outlines the problems that eligible individuals encounter in procuring adequate and appropriate health care coverage; (4) makes recommendations that the Secretary determines to be appropriate to address the problems described in paragraph (3); and (5) in the case of the report issued 2 years after November 5, 1990, evaluates the effectiveness of counseling programs established under this program, and makes recommendations regarding continued authorization of funds for these purposes. (f) (FOOTNOTE 3) Authorization of appropriations for grants There are authorized to be appropriated, in equal parts from the Federal Hospital Insurance Trust Fund and from the Federal Supplementary Medical Insurance Trust Fund, $10,000,000 for each of fiscal years 1991, 1992, and 1993, to fund the grant programs described in this section. -SOURCE- (Pub. L. 101-508, title IV, Sec. 4360, Nov. 5, 1990, 104 Stat. 1388-138.) -REFTEXT- REFERENCES IN TEXT The Older Americans Act, referred to in subsec. (d)(1)(C)(ii), probably means the Older Americans Act of 1965, which is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, and is classified generally to chapter 35 (Sec. 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Omnibus Budget Reconciliation Act of 1990, and not as part of the Social Security Act which comprises this chapter. ------DocID 46151 Document 354 of 401------ -CITE- 42 USC Sec. 1395i-4 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XVIII Part A -HEAD- Sec. 1395i-4. Essential access community hospital program -STATUTE- (a) In general There is hereby established a program under which the Secretary - (1) shall make grants to not more than 7 States to carry out the activities described in subsection (d)(1) of this section; (2) shall make grants to eligible hospitals and facilities (or consortia of hospitals and facilities) to carry out the activities described in subsection (d)(2) of this section; and (3) shall designate (under subsection (i) of this section) hospitals and facilities located in States receiving grants under paragraph (1) as essential access community hospitals or rural primary care hospitals. (b) Eligibility of States for grants A State is eligible to receive a grant under subsection (a)(1) of this section only if the State submits to the Secretary, at such time and in such form as the Secretary may require, an application containing - (1) assurances that the State - (A) has developed, or is in the process of developing, a State rural health care plan that - (i) provides for the creation of one or more rural health networks (as defined in subsection (g) of this section) in the State, (ii) promotes regionalization of rural health services in the State, (iii) improves access to hospital and other health services for rural residents of the State, and (iv) enhances the provision of emergency and other transportation services related to health care; (B) has developed the rural health care plan described in subparagraph (A) in consultation with the hospital association of the State and rural hospitals located in the State (or, in the case of a State in the process of developing such plan, that assures the Secretary that it will consult with its State hospital association and rural hospitals located in the State in developing such plan); and (C) has designated, or is in the process of designating, rural non-profit or public hospitals or facilities located in the State as essential access community hospitals or rural primary care hospitals within such networks; and (2) such other information and assurances as the Secretary may require. (c) Eligibility of hospitals and consortia for grants (1) In general Except as provided in paragraph (3), a hospital or facility is eligible to receive a grant under subsection (a)(2) of this section only if the hospital or facility - (A) is located in a State receiving a grant under subsection (a)(1) of this section; (B) is designated as an essential access community hospital or a rural primary care hospital by the State in which it is located or is a member of a rural health network (as defined in subsection (g) of this section); (C) submits to the State in which it is located and to the Secretary, at such time and in such form as the Secretary may require, an application containing such information and assurances as the Secretary may require; and (D) the State in which the hospital or facility is located certifies to the Secretary that - (i) the receiving of such a grant by the hospital or facility is consistent with the State's rural health care plan (described in subsection (b)(1)(A) of this section), and (ii) the State has approved the application submitted under subparagraph (C). (2) Treatment of consortia A consortium of hospitals or facilities each of which is part of the same rural health network is eligible to receive a grant under subsection (a)(2) of this section if each of its members would individually be eligible to receive such a grant. (3) Eligibility of RPC hospitals not located in a State receiving grant A facility designated as a rural primary care hospital by the Secretary under subsection (i)(2)(C) of this section shall be eligible to receive a grant under subsection (a)(2) of this section. (d) Activities for which grants may be used (1) Grants to States A State shall use a grant received under subsection (a)(1) of this section to carry out the program established under this section in the State. Such grant may be used for engaging in activities relating to planning and implementing a rural health care plan and rural health networks, designating hospitals or facilities in the State as essential access community hospitals or rural primary care hospitals, and developing and supporting communication and emergency transportation systems. (2) Grants to hospitals, facilities, and consortia A hospital or facility shall use a grant received under subsection (a)(2) of this section to finance the costs it incurs in converting itself to a rural primary care hospital or an essential access community hospital or in becoming part of a rural health network in the State in which it is located, including capital costs, costs incurred in the development of necessary communications systems, and costs incurred in the development of an emergency transportation system. A consortium shall use a grant received under subsection (a)(2) of this section to finance the costs it incurs in converting hospitals or facilities that are part of the consortium into rural primary care hospitals or in developing and implementing a rural health network consisting of its members in the State in which it is located, including capital costs, costs incurred in the development of necessary communications systems, and costs incurred in the development of an emergency transportation system. (e) Designation by State of essential access community hospitals A State may designate a hospital as an essential access community hospital only if the hospital - (1) is located in a rural area (as defined in section 1395ww(d)(2)(D) of this title); (2)(A) is located more than 35 miles from any hospital that either (i) has been designated as an essential access community hospital, (ii) is classified by the Secretary as a rural referral center under section 1395ww(d)(5)(C) of this title, or (iii) is located in an urban area that meets the criteria for classification as a regional referral center under such section, or (B) meets such other criteria relating to geographic location as the State may impose with the approval of the Secretary; (3) has at least 75 inpatient beds or is located more than 35 miles from any other hospital; (4) has in effect an agreement to provide emergency and medical backup services to rural primary care hospitals participating in the rural health network of which it is a member and throughout its service area; (5) has in effect an agreement, with each rural primary care hospital participating in the rural health network of which it is a member, to accept patients transferred from such primary care hospital, to receive data from and transmit data to such primary care hospital, and to provide staff privileges to physicians providing care at such primary care hospital; and (6) meets any other requirements imposed by the State with the approval of the Secretary. (f) Designation by State of rural primary care hospitals (1) Criteria for designation A State may designate a facility as a rural primary care hospital only if the facility - (A) is located in a rural area (as defined in section 1395ww(d)(2)(D) of this title), or is located in a county whose geographic area is substantially larger than the average geographic area for urban counties in the United States and whose hospital service area is characteristic of service areas of hospitals located in rural areas; (B) at the time such facility applies to the State for designation as a rural primary care hospital, is a hospital (or, in the case of a facility that closed during the 12-month period that ends on the date the facility applies for such designation, at the time the facility closed), (FOOTNOTE 1) with a participation agreement in effect under section 1395cc(a) of this title and had not been found, on the basis of a survey under section 1395aa of this title, to be in violation of any requirement to participate as a hospital under this subchapter; (FOOTNOTE 1) So in original. The comma probably should not appear. (C) has ceased, or agrees (upon the approval of such application) to cease, providing inpatient care (except as required under subparagraph (F)); (D) in the case of a facility that is a member of a rural health network, has in effect an agreement to participate with other hospitals and facilities in the communications system of such network, including the network's system for the electronic sharing of patient data, including telemetry and medical records, if the network has in operation such a system; (E) makes available 24-hour emergency care; (F) provides not more than 6 inpatient beds (meeting such conditions as the Secretary may establish) for providing inpatient care for a period not to exceed 72 hours (unless a longer period is required because transfer to a hospital is precluded because of inclement weather or other emergency conditions) to patients requiring stabilization before discharge or transfer to a hospital; (G) meets such staffing requirements as would apply under section 1395x(e) of this title to a hospital located in a rural area, except that - (i) the facility need not meet hospital standards relating to the number of hours during a day, or days during a week, in which the facility must be open, except insofar as the facility is required to provide emergency care on a 24-hour basis under subparagraph (E), (ii) the facility may provide any services otherwise required to be provided by a full-time, on-site dietician, pharmacist, laboratory technician, medical technologist, and radiological technologist on a part-time, off-site basis, and (iii) the inpatient care described in subparagraph (F) may be provided by a physician's assistant or nurse practitioner, subject to the oversight of a physician; and (H) meets the requirements of subparagraphs (C) through (J) of paragraph (2) of section 1395x(aa) of this title and of clauses (ii) and (iv) of the second sentence of that paragraph. (2) Preference given to hospitals or facilities participating in rural health network In designating facilities as rural primary care hospitals under paragraph (1), the State shall give preference to hospitals or facilities participating in a rural health network. (3) Permitting rural primary care hospitals to maintain swing beds Nothing in this subsection shall be construed to prohibit a State from designating a facility as a rural primary care hospital solely because the facility has entered into an agreement with the Secretary under section 1395tt of this title under which the facility's inpatient hospital facilities may be used for the furnishing of extended care services. (g) 'Rural health network' defined For purposes of this section, the term 'rural health network' means, with respect to a State, an organization - (1) consisting of - (A) at least 1 hospital that - (i) the State has designated or plans to designate as an essential access community hospital under subsection (b)(1)(C) of this section, (ii) is classified by the Secretary as a regional referral center under section 1395ww(d)(5)(C) of this title, or (iii) is located in an urban area and meets the criteria for classification as a regional referral center under such section, and (B) at least 1 facility that the State has designated or plans to designate as a rural primary care hospital, and (2) the members of which have entered into agreements regarding - (A) patient referral and transfer, (B) the development and use of communications systems, including (where feasible) telemetry systems and systems for electronic sharing of patient data, and (C) the provision of emergency and non-emergency transportation among the members. (h) Limit on amount of grant to hospital or facility A grant made to a hospital or facility under subsection (a)(2) of this section may not exceed $200,000. (i) Eligibility of hospitals or facilities for designation by Secretary (1) Essential access community hospital (A) The Secretary shall designate a hospital as an essential access community hospital if the hospital - (i) is located in a State receiving a grant under subsection (a)(1) of this section; (ii) is designated as an essential access community hospital by the State in which it is located (except as provided in subparagraph (B)); and (iii) meets such other criteria as the Secretary may require. (B) In the case of a hospital that is not eligible for designation as an essential access community hospital under this paragraph solely because it is not designated as an essential access community hospital by the State in which it is located, the Secretary may designate such hospital as an essential access community hospital under this paragraph if the hospital is not so designated by the State in which it is located solely because of its failure to meet the criteria described in paragraph (3) of subsection (e) of this section. (2) Rural primary care hospital (A) The Secretary shall designate a facility as a rural primary care hospital if the facility - (i) is located in a State receiving a grant under subsection (a)(1) of this section; (ii) is designated as a rural primary care hospital by the State in which it is located (except as provided in subparagraph (B)); and (iii) meets such other criteria as the Secretary may require. (B) In the case of a facility that is not eligible for designation as a rural primary care hospital under this paragraph solely because it is not designated as a rural primary care hospital by the State in which it is located, the Secretary may designate such facility as a rural primary care hospital under this paragraph if the facility is not so designated by the State in which it is located solely because of its failure to meet the criteria described in subparagraphs (FOOTNOTE 2) (C), (F), or (G) of subsection (f)(1) of this section. (FOOTNOTE 2) So in original. Probably should be 'subparagraph'. (C) The Secretary may designate not more than 15 facilities as rural primary care hospitals under this paragraph that do not meet the requirements of clauses (i) and (ii) of subparagraph (A) if such a facility meets the criteria described in subparagraphs (A), (B), and (E) of subsection (f)(1) of this section, except that nothing in this subparagraph shall be construed to prohibit the Secretary from designating a facility as a rural primary care hospital solely because the facility has entered into an agreement with the Secretary under section 1395tt of this title under which the facility's inpatient hospital facilities may be used for the furnishing of extended care services. In designating facilities as rural primary care hospitals under this subparagraph, the Secretary shall give preference to facilities not meeting the requirements of clause (i) of subparagraph (A) that have entered into an agreement described in subsection (g)(2) of this section with a rural health network located in a State receiving a grant under subsection (a)(1) of this section. (j) Waiver of conflicting part A provisions The Secretary is authorized to waive such provisions of this part and part C of this subchapter as are necessary to conduct the program established under this section. (k) Authorization of appropriations There are authorized to be appropriated from the Federal Hospital Insurance Trust Fund for each of the fiscal years 1990, 1991, and 1992 - (1) $10,000,000 for grants to States under subsection (a)(1) of this section; and (2) $15,000,000 for grants to hospitals, facilities, and consortia under subsection (a)(2) of this section. -SOURCE- (Aug. 14, 1935, ch. 531, title XVIII, Sec. 1820, as added Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6003(g)(1)(A), 103 Stat. 2145, and amended Nov. 5, 1990, Pub. L. 101-508, title IV, Sec. 4008(d)(1)-(3), (m)(2)(B), 104 Stat. 1388-44, 1388-45, 1388-53.) -REFTEXT- REFERENCES IN TEXT Part C of this subchapter, referred to in subsec. (j), is classified to section 1395x et seq. of this title. -MISC2- AMENDMENTS 1990 - Subsec. (d)(1). Pub. L. 101-508, Sec. 4008(m)(2)(B)(i), struck out 'demonstration' before 'program'. Subsec. (f)(1)(A). Pub. L. 101-508, Sec. 4008(d)(3), inserted before semicolon at end ', or is located in a county whose geographic area is substantially larger than the average geographic area for urban counties in the United States and whose hospital service area is characteristic of service areas of hospitals located in rural areas'. Subsec. (f)(1)(B). Pub. L. 101-508, Sec. 4008(d)(2), which directed the substitution of 'is a hospital (or, in the case of a facility that closed during the 12-month period that ends on the date the facility applies for such designation, at the time the facility closed),' for 'is a hospital,' was executed by making the substitution for 'is a hospital' to reflect the probable intent of Congress. Subsec. (g)(1)(A)(ii). Pub. L. 101-508, Sec. 4008(m)(2)(B)(ii), substituted 'regional referral center' for 'rural referral center'. Subsec. (i)(2)(C). Pub. L. 101-508, Sec. 4008(d)(1), inserted at end 'In designating facilities as rural primary care hospitals under this subparagraph, the Secretary shall give preference to facilities not meeting the requirements of clause (i) of subparagraph (A) that have entered into an agreement described in subsection (g)(2) of this section with a rural health network located in a State receiving a grant under subsection (a)(1) of this section.' Subsec. (j). Pub. L. 101-508, Sec. 4008(m)(2)(B)(iii), inserted 'and part C of this subchapter' after 'this part'. EFFECTIVE DATE OF 1990 AMENDMENT Section 4008(d)(4) of Pub. L. 101-508 provided that: 'The amendments made by paragraphs (1), (2), and (3) (amending this section) shall take effect on the date of the enactment of this Act (Nov. 5, 1990).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1395f, 1395x, 1395ww of this title. ------DocID 46171 Document 355 of 401------ -CITE- 42 USC Sec. 1395w-4 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XVIII Part B -HEAD- Sec. 1395w-4. Payment for physicians' services -STATUTE- (a) Payment based on fee schedule (1) In general Effective for all physicians' services (as defined in subsection (j)(3) of this section) furnished under this part during a year (beginning with 1992) for which payment is otherwise made on the basis of a reasonable charge or on the basis of a fee schedule under section 1395m(b) of this title, payment under this part shall instead be based on the lesser of - (A) the actual charge for the service, or (B) subject to the succeeding provisions of this subsection, the amount determined under the fee schedule established under subsection (b) of this section for services furnished during that year (in this subsection referred to as the 'fee schedule amount'). (2) Transition to full fee schedule (A) Limiting reductions and increases to 15 percent in 1992 (i) Limit on increase In the case of a service in a fee schedule area (as defined in subsection (j)(2) of this section) for which the adjusted historical payment basis (as defined in subparagraph (D)) is less than 85 percent of the fee schedule amount for services furnished in 1992, there shall be substituted for the fee schedule amount an amount equal to the adjusted historical payment basis plus 15 percent of the fee schedule amount otherwise established (without regard to this paragraph). (ii) Limit in reduction In the case of a service in a fee schedule area for which the adjusted historical payment basis exceeds 115 percent of the fee schedule amount for services furnished in 1992, there shall be substituted for the fee schedule amount an amount equal to the adjusted historical payment basis minus 15 percent of the fee schedule amount otherwise established (without regard to this paragraph). (B) Special rule for 1993, 1994, and 1995 If a physicians' service in a fee schedule area is subject to the provisions of subparagraph (A) in 1992, for physicians' services furnished in the area - (i) during 1993, there shall be substituted for the fee schedule amount an amount equal to the sum of - (I) 75 percent of the fee schedule amount determined under subparagraph (A), adjusted by the update established under subsection (d)(3) of this section for 1993, and (II) 25 percent of the fee schedule amount determined under paragraph (1) for 1993 without regard to this paragraph; (ii) during 1994, there shall be substituted for the fee schedule amount an amount equal to the sum of - (I) 67 percent of the fee schedule amount determined under clause (i), adjusted by the update established under subsection (d)(3) of this section for 1994, and (II) 33 percent of the fee schedule amount determined under paragraph (1) for 1994 without regard to this paragraph; and (iii) during 1995, there shall be substituted for the fee schedule amount an amount equal to the sum of - (I) 50 percent of the fee schedule amount determined under clause (ii) adjusted by the update established under subsection (d)(3) of this section for 1995, and (II) 50 percent of the fee schedule amount determined under paragraph (1) for 1995 without regard to this paragraph. (C) Special rule for anesthesia and radiology services With respect to physicians' services which are anesthesia services, the Secretary shall provide for a transition in the same manner as a transition is provided for other services under subparagraph (B). With respect to radiology services, '109 percent' and '9 percent' shall be substituted for '115 percent' and '15 percent', respectively, in subparagraph (A)(ii). (D) 'Adjusted historical payment basis' defined (i) In general In this paragraph, the term 'adjusted historical payment basis' means, with respect to a physicians' service furnished in a fee schedule area, the weighted average prevailing charge applied in the area for the service in 1991 (as determined by the Secretary without regard to physician specialty and as adjusted to reflect payments for services with customary charges below the prevailing charge or other payment limitations imposed by law or regulation) adjusted by the update established under subsection (d)(3) of this section for 1992. (ii) Application to radiology services In applying clause (i) in the case of physicians' services which are radiology services (including radiologist services, as defined in section 1395m(b)(6) of this title), but excluding nuclear medicine services that are subject to section 6105(b) of the Omnibus Budget Reconciliation Act of 1989, there shall be substituted for the weighted average prevailing charge the amount provided under the fee schedule established for the service for the fee schedule area under section 1395m(b) of this title. (iii) Nuclear medicine services In applying clause (i) in the case of physicians' services which are nuclear medicine services that are subject to section 6105(b) of the Omnibus Budget Reconciliation Act of 1989, there shall be substituted for the weighted average prevailing charge the amount provided under such section. (3) Incentives for participating physicians In applying paragraph (1)(B) in the case of a nonparticipating physician, the fee schedule amount shall be 95 percent of such amount otherwise applied under this subsection (without regard to this paragraph). (4) Treatment of new physicians In the case of physicians' services furnished by a physician before the end of the physician's first full calendar year of furnishing services for which payment may be made under this part, and during each of the 3 succeeding years, the fee schedule amount to be applied shall be 80 percent, 85 percent, 90 percent, and 95 percent, respectively, of the fee schedule amount applicable to physicians who are not subject to this paragraph. The preceding sentence shall not apply to primary care services or services furnished in a rural area (as defined in section 1395ww(d)(2) of this title) that is designated under section 249(a)(1)(A) (FOOTNOTE 1) of this title as a health manpower shortage area. (FOOTNOTE 1) So in original. Probably should be section '254e(1)(A)'. (b) Establishment of fee schedules (1) In general Before January 1 of each year beginning with 1992, the Secretary shall establish, by regulation, fee schedules that establish payment amounts for all physicians' services furnished in all fee schedule areas (as defined in subsection (j)(2) of this section) for the year. Except as provided in paragraph (2), each such payment amount for a service shall be equal to the product of - (A) the relative value for the service (as determined in subsection (c)(2) of this section), (B) the conversion factor (established under subsection (d) of this section) for the year, and (C) the geographic adjustment factor (established under subsection (e)(2) of this section) for the service for the fee schedule area. (2) Treatment of radiology services and anesthesia services (A) Radiology services With respect to radiology services (including radiologist services, as defined in section 1395m(b)(6) of this title), the Secretary shall base the relative values on the relative value scale developed under section 1395m(b)(1)(A) of this title, with appropriate modifications of the relative values to assure that the relative values established for radiology services which are similar or related to other physicians' services are consistent with the relative values established for those similar or related services. (B) Anesthesia services In establishing the fee schedule for anesthesia services for which a relative value guide has been established under section 4048(b) of the Omnibus Budget Reconciliation Act of 1987, the Secretary shall use, to the extent practicable, such relative value guide, with appropriate adjustment of the conversion factor, in a manner to assure that the fee schedule amounts for anesthesia services are consistent with the fee schedule amounts for other services determined by the Secretary to be of comparable value. In applying the previous sentence, the Secretary shall adjust the conversion factor by geographic adjustment factors in the same manner as such adjustment is made under paragraph (1)(C). (C) Consultation The Secretary shall consult with the Physician Payment Review Commission and organizations representing physicians or suppliers who furnish radiology services and anesthesia services in applying subparagraphs (A) and (B). (3) Treatment of interpretation of electrocardiograms If payment is made under this part for a visit to a physician or consultation with a physician and, as part of or in conjunction with the visit or consultation there is an electrocardiogram performed or ordered to be performed, no payment may be made under this part with respect to the interpretation of the electrocardiogram and no physician may bill an individual enrolled under this part separately for such an interpretation. If a physician knowingly and willfully bills one or more individuals in violation of the previous sentence, the Secretary may apply sanctions against the physician or entity in accordance with section 1395u(j)(2) of this title. (c) Determination of relative values for physicians' services (1) Division of physicians' services into components In this section, with respect to a physicians' service: (A) 'Work component' defined The term 'work component' means the portion of the resources used in furnishing the service that reflects physician time and intensity in furnishing the service. Such portion shall - (i) include activities before and after direct patient contact, and (ii) be defined, with respect to surgical procedures, to reflect a global definition including pre-operative and post-operative physicians' services. (B) 'Practice expense component' defined The term 'practice expense component' means the portion of the resources used in furnishing the service that reflects the general categories of expenses (such as office rent and wages of personnel, but excluding malpractice expenses) comprising practice expenses. (C) 'Malpractice component' defined The term 'malpractice component' means the portion of the resources used in furnishing the service that reflects malpractice expenses in furnishing the service. (2) Determination of relative values (A) In general (i) Combination of units for components The Secretary shall develop a methodology for combining the work, practice expense, and malpractice relative value units, determined under subparagraph (C), for each service in a manner to produce a single relative value for that service. (ii) Extrapolation The Secretary may use extrapolation and other techniques to determine the number of relative value units for physicians' services for which specific data are not available and shall take into account recommendations of the Physician Payment Review Commission and the results of consultations with organizations representing physicians who provide such services. (B) Periodic review and adjustments in relative values (i) Periodic review The Secretary, not less often than every 5 years, shall review the relative values established under this paragraph for all physicians' services. (ii) Adjustments (I) In general The Secretary shall, to the extent the Secretary determines to be necessary and subject to subclause (II), adjust the number of such units to take into account changes in medical practice, coding changes, new data on relative value components, or the addition of new procedures. The Secretary shall publish an explanation of the basis for such adjustments. (II) Limitation on annual adjustments The adjustments under subclause (I) for a year may not cause the amount of expenditures under this part for the year to differ by more than $20,000,000 from the amount of expenditures under this part that would have been made if such adjustments had not been made. (iii) Consultation The Secretary, in making adjustments under clause (ii), shall consult with the Physician Payment Review Commission and organizations representing physicians. (C) Computation of relative value units for components For purposes of this section for each physicians' service - (i) Work relative value units The Secretary shall determine a number of work relative value units for the service based on the relative resources incorporating physician time and intensity required in furnishing the service. (ii) Practice expense relative value units The Secretary shall determine a number of practice expense relative value units equal to the product of - (I) the base allowed charges (as defined in subparagraph (D)) for the service, and (II) the practice expense percentage for the service (as determined under paragraph (3)(C)(ii)). (iii) Malpractice relative value units The Secretary shall determine a number of malpractice relative value units equal to the product of - (I) the base allowed charges (as defined in subparagraph (D)) for the service, and (II) the malpractice percentage for the service (as determined under paragraph (3)(C)(iii)). (D) 'Base allowed charges' defined In this paragraph, the term 'base allowed charges' means, with respect to a physician's service, the national average allowed charges for the service under this part for services furnished during 1991, as estimated by the Secretary using the most recent data available. (3) Component percentages For purposes of paragraph (2), the Secretary shall determine a work percentage, a practice expense percentage, and a malpractice percentage for each physician's service as follows: (A) Division of services by specialty For each physician's service or class of physicians' services, the Secretary shall determine the average percentage of each such service or class of services that is performed, nationwide, under this part by physicians in each of the different physician specialties (as identified by the Secretary). (B) Division of specialty by component The Secretary shall determine the average percentage division of resources, among the work component, the practice expense component, and the malpractice component, used by physicians in each of such specialties in furnishing physicians' services. Such percentages shall be based on national data that describe the elements of physician practice costs and revenues, by physician specialty. The Secretary may use extrapolation and other techniques to determine practice costs and revenues for specialties for which adequate data are not available. (C) Determination of component percentages (i) Work percentage The work percentage for a service (or class of services) is equal to the sum (for all physician specialties) of - (I) the average percentage division for the work component for each physician specialty (determined under subparagraph (B)), multiplied by (II) the proportion (determined under subparagraph (A)) of such service (or services) performed by physicians in that specialty. (ii) Practice expense percentage The practice expense percentage for a service (or class of services) is equal to the sum (for all physician specialties) of - (I) the average percentage division for the practice expense component for each physician specialty (determined under subparagraph (B)), multiplied by (II) the proportion (determined under subparagraph (A)) of such service (or services) performed by physicians in that specialty. (iii) Malpractice percentage The malpractice percentage for a service (or class of services) is equal to the sum (for all physician specialties) of - (I) the average percentage division for the malpractice component for each physician specialty (determined under subparagraph (B)), multiplied by (II) the proportion (determined under subparagraph (A)) of such service (or services) performed by physicians in that specialty. (D) Periodic recomputation The Secretary may, from time to time, provide for the recomputation of work percentages, practice expense percentages, and malpractice percentages determined under this paragraph. (4) Ancillary policies The Secretary may establish ancillary policies (with respect to the use of modifiers, local codes, and other matters) as may be necessary to implement this section. (5) Coding The Secretary shall establish a uniform procedure coding system for the coding of all physicians' services. The Secretary shall provide for an appropriate coding structure for visits and consultations. The Secretary may incorporate the use of time in the coding for visits and consultations. The Secretary, in establishing such coding system, shall consult with the Physician Payment Review Commission and other organizations representing physicians. (6) No variation for specialists The Secretary may not vary the conversion factor or the number of relative value units for a physicians' service based on whether the physician furnishing the service is a specialist or based on the type of specialty of the physician. (d) Conversion factors (1) Establishment (A) In general The conversion factor (or factors) for each year shall be the conversion factor (or factors) established under this subsection for the previous year (or, in the case of 1992, specified in subparagraph (B)) adjusted by the update or updates (established under paragraph (3)) for the year involved. (B) Special provision for 1992 For purposes of subparagraph (A), the conversion factor specified in this subparagraph is a conversion factor (determined by the Secretary) which, if this section were to apply during 1991 using such conversion factor, would result in the same aggregate amount of payments under this part for physicians' services as the estimated aggregate amount of the payments under this part for such services in 1991. (C) Publication The Secretary shall cause to have published in the Federal Register, during the last 15 days of October of - (i) 1991, the conversion factor which will apply to physicians' services for 1992, and the update (or updates) determined under paragraph (3) for 1992; and (ii) each succeeding year, the conversion factor (or factors) which will apply to physicians' services for the following year and the update (or updates) determined under paragraph (3) for such year. (2) Recommendation of update (A) In general Not later than April 15 of each year (beginning with 1991), the Secretary shall transmit to the Congress a report that includes a recommendation on the appropriate update (or updates) in the conversion factor (or factors) for all physicians' services (as defined in subsection (f)(5)(A) of this section) in the following year. The Secretary may recommend a uniform update or different updates for different categories or groups of services. In making the recommendation, the Secretary shall consider - (i) the percentage change in the medicare economic index (described in the fourth sentence of section 1395u(b)(3) of this title) for that year; (ii) the percentage by which actual expenditures for all physicians' services and for the services involved under this part for the fiscal year ending in the year preceding the year in which such recommendation is made were greater or less than actual expenditures for such services in the fiscal year ending in the second preceding year; (iii) the relationship between the percentage determined under clause (ii) for a fiscal year and the performance standard rate of increase (established under subsection (f)(2) of this section) for that fiscal year; (iv) changes in volume or intensity of services; (v) access to services; and (vi) other factors that may contribute to changes in volume or intensity of services or access to services. For purposes of making the comparison under clause (iii), the Secretary shall adjust the performance standard rate of increase for a fiscal year to reflect changes in the actual proportion of individuals who are enrolled under this part who are HMO enrollees (as defined in subsection (f)(5)(B) of this section) in that fiscal year compared with such proportion for the previous fiscal year. (B) Additional considerations In making recommendations under subparagraph (A), the Secretary may also consider - (i) unexpected changes by physicians in response to the implementation of the fee schedule; (ii) unexpected changes in outlay projections; (iii) changes in the quality or appropriateness of care; and (iv) any other relevant factors not measured in the resource-based payment methodology. (C) Special rule for 1992 update In considering the update for 1992, the Secretary shall make a separate determination of the percentage and relationship described in clauses (ii) and (iii) of subparagraph (A) with respect to the category of surgical services (as defined by the Secretary pursuant to subsection (j)(1) of this section). (D) Explanation of update The Secretary shall include in each report under subparagraph (A) - (i) the update recommended for each category of physicians' services (established by the Secretary under subsection (j)(1) of this section) and for each of the following groups of physicians' services: nonsurgical services, visits, consultations, and emergency room services; (ii) the rationale for the recommended update (or updates) for each category and group of services described in clause (i); and (iii) the data and analyses underlying the update (or updates) recommended. (E) Computation of budget-neutral adjustment (i) In general The Secretary shall include in the report made under subparagraph (A) in a year a statement of the percentage by which (I) the actual expenditures for physicians' services under this part (during the fiscal year ending in the preceding year, as set forth in the most recent annual report made pursuant to section 1395t(b)(2) of this title), exceeded, or was less than (II) the expenditures projected for the fiscal year under clause (ii). (ii) Projected expenditures For purposes of clause (i), the expenditures projected under this clause for a fiscal year is the actual expenditures for physicians' services made under this part in the second preceding fiscal year - (I) increased by the weighted average percentage increase permitted under this part for payments for physicians' services in the preceding fiscal year; (II) adjusted to reflect the percentage change in the average number of individuals enrolled under this part (who are not enrolled with a risk-sharing contract under section 1395mm of this title) for the preceding fiscal year compared with the second preceding fiscal year; (III) adjusted to reflect the average annual percentage growth in the volume and intensity of physicians' services under this part for the five-fiscal-year period ending with the second preceding fiscal year; and (IV) adjusted to reflect the percentage change in expenditures for physicians' services under this part in the preceding fiscal year (compared with the second preceding fiscal year) which result from changes in law or regulations. (F) Commission review The Physician Payment Review Commission shall review the report submitted under subparagraph (A) in a year and shall submit to the Congress, by not later than May 15 of the year, a report including its recommendations respecting the update (or updates) in the conversion factor (or factors) for the following year. (3) Update (A) Based on index (i) In general Unless Congress otherwise provides, subject to subparagraph (B), except as provided in clause (iii), for purposes of this section the update for a year is equal to the Secretary's estimate of the percentage increase in the appropriate update index (as defined in clause (ii)) for the year. (ii) 'Appropriate update index' defined In clause (i), the term 'appropriate update index' means - (I) for services for which prevailing charges in 1989 were subject to a limit under the fourth sentence of section 1395u(b)(3) of this title, the medicare economic index (referred to in that sentence), and (II) for other services, such index (such as the consumer price index) that was applicable under this part in 1989 to increases in the payment amounts recognized under this part with respect to such services. (iii) Adjustment in percentage increase In applying clause (i) for services furnished in 1992 for which the appropriate update index is the index described in clause (ii)(I), the percentage increase in the appropriate update index shall be reduced by 0.4 percentage points. (B) Adjustment in update (i) In general The update for a category of physicians' services for a year provided under subparagraph (A) shall, subject to clause (ii), be increased or decreased by the same percentage by which (I) the percentage increase in the actual expenditures for services in such category in the second previous fiscal year over the third previous fiscal year, was less or greater, respectively, than (II) the performance standard rate of increase (established under subsection (f) of this section) for such category of services for the second previous fiscal year. (ii) Restrictions on adjustment The adjustment made under clause (i) for a year may not result in a decrease of more than - (I) 2 percentage points for the update for 1992 or 1993, (II) 2 1/2 percentage points for the update for 1994 or 1995, and (III) 3 percentage points for the update for any succeeding year. (e) Geographic adjustment factors (1) Establishment of geographic indices (A) In general Subject to subparagraphs (B) and (C), the Secretary shall establish - (i) an index which reflects the relative costs of the mix of goods and services comprising practice expenses (other than malpractice expenses) in the different fee schedule areas compared to the national average of such costs, (ii) an index which reflects the relative costs of malpractice expenses in the different fee schedule areas compared to the national average of such costs, and (iii) an index which reflects 1/4 of the difference between the relative value of physicians' work effort in each of the different fee schedule areas and the national average of such work effort. (B) Class-specific geographic cost-of-practice indices The Secretary may establish more than one index under subparagraph (A)(i) in the case of classes of physicians' services, if, because of differences in the mix of goods and services comprising practice expenses for the different classes of services, the application of a single index under such clause to different classes of such services would be substantially inequitable. (C) Periodic review and adjustments in geographic adjustment factors The Secretary, not less often than every 3 years, shall review the indices established under subparagraph (A) and the geographic index values applied under this subsection for all fee schedule areas. Based on such review, the Secretary may revise such index and adjust such index values, except that, if more than 1 year has elasped (FOOTNOTE 2) since the last previous adjustment, the adjustment to be applied in the first year of the next adjustment shall be 1/2 of the adjustment that otherwise would be made. (FOOTNOTE 2) So in original. Probably should be 'elapsed'. (2) Computation of geographic adjustment factor For purposes of subsection (b)(1)(C) of this section, for all physicians' services for each fee schedule area the Secretary shall establish a geographic adjustment factor equal to the sum of the geographic cost-of-practice adjustment factor (specified in paragraph (3)), the geographic malpractice adjustment factor (specified in paragraph (4)), and the geographic physician work adjustment factor (specified in paragraph (5)) for the service and the area. (3) Geographic cost-of-practice adjustment factor For purposes of paragraph (2), the 'geographic cost-of-practice adjustment factor', for a service for a fee schedule area, is the product of - (A) the proportion of the total relative value for the service that reflects the relative value units for the practice expense component, and (B) the geographic cost-of-practice index value for the area for the service, based on the index established under paragraph (1)(A)(i) or (1)(B) (as the case may be). (4) Geographic malpractice adjustment factor For purposes of paragraph (2), the 'geographic malpractice adjustment factor', for a service for a fee schedule area, is the product of - (A) the proportion of the total relative value for the service that reflects the relative value units for the malpractice component, and (B) the geographic malpractice index value for the area, based on the index established under paragraph (1)(A)(ii). (5) Geographic physician work adjustment factor For purposes of paragraph (2), the 'geographic physician work adjustment factor', for a service for a fee schedule area, is the product of - (A) the proportion of the total relative value for the service that reflects the relative value units for the work component, and (B) the geographic physician work index value for the area, based on the index established under paragraph (1)(A)(iii). (f) Medicare volume performance standard rates of increase (1) Process for establishing medicare volume performance standard rates of increase (A) Secretary's recommendation By not later than April 15 of each year (beginning with 1990), the Secretary shall transmit to the Congress a recommendation on performance standard rates of increase for all physicians' services and for each category of such services for the fiscal year beginning in such year. In making the recommendation, the Secretary shall confer with organizations representing physicians and shall consider - (i) inflation, (ii) changes in numbers of enrollees (other than HMO enrollees) under this part, (iii) changes in the age composition of enrollees (other than HMO enrollees) under this part, (iv) changes in technology, (v) evidence of inappropriate utilization of services, (vi) evidence of lack of access to necessary physicians' services, and (vii) such other factors as the Secretary considers appropriate. (B) Commission review The Physician Payment Review Commission shall review the recommendation transmitted during a year under subparagraph (A) and shall make its recommendation to Congress, by not later than May 15 of the year, respecting the performance standard rates of increase for the fiscal year beginning in that year. (C) Publication of performance standard rates of increase The Secretary shall cause to have published in the Federal Register, in the last 15 days of October of each year (beginning with 1991), the performance standard rates of increase for all physicians' services and for each category of physicians' services for the fiscal year beginning in that year. The Secretary shall cause to have published in the Federal Register, by not later than January 1, 1990, the performance standard rate of increase under subparagraph (D) for fiscal year 1990. (D) Performance standard rate of increase for fiscal year 1990 The performance standard rate of increase for fiscal year 1990 is equal to the sum of - (i) the Secretary's estimate of the weighted average percentage increase in the reasonable charges for physicians' services (as defined in subsection (f)(5)(A) of this section) under this part for portions of calendar years included in fiscal year 1990, (ii) the Secretary's estimate of the percentage increase or decrease in the average number of individuals enrolled under this part (other than HMO enrollees) from fiscal year 1989 to fiscal year 1990, (iii) the Secretary's estimate of the average annual percentage growth in volume and intensity of physicians' services under this part for the 5-fiscal-year period ending with fiscal year 1989 (based upon information contained in the most recent annual report made pursuant to section 1395t(b)(2) of this title), and (iv) the Secretary's estimate of the percentage increase or decrease in expenditures for physicians' services (as defined in subsection (f)(5)(A) of this section) in fiscal year 1990 (compared with fiscal year 1989) which will result from changes in law or regulations and which is not taken into account in the percentage increase described in clause (i), reduced by 1/2 percent. (2) Specification of performance standard rates of increase for subsequent fiscal years (A) In general Unless Congress otherwise provides, subject to paragraph (4), the performance standard rate of increase, for all physicians' services and for each category of physicians' services, for a fiscal year (beginning with fiscal year 1991) shall be equal to the product of - (i) 1 plus the Secretary's estimate of the weighted average percentage increase (divided by 100) in the fees for all physicians' services or for the category of physicians' services, respectively,) (FOOTNOTE 3) under this part for portions of calendar years included in the fiscal year involved, (FOOTNOTE 3) So in original. The closing parenthesis probably should not appear. (ii) 1 plus the Secretary's estimate of the percentage increase or decrease (divided by 100) in the average number of individuals enrolled under this part (other than HMO enrollees) from the previous fiscal year to the fiscal year involved, (iii) 1 plus the Secretary's estimate of the average annual percentage growth (divided by 100) in volume and intensity of all physicians' services or of the category of physicians' services, respectively, under this part for the 5-fiscal-year period ending with the preceding fiscal year (based upon information contained in the most recent annual report made pursuant to section 1395t(b)(2) of this title), and (iv) 1 plus the Secretary's estimate of the percentage increase or decrease (divided by 100) in expenditures for all physicians' services or of the category of physicians' services, respectively, in the fiscal year (compared with the preceding fiscal year) which will result from changes in law or regulations including changes in law and regulations affecting the percentage increase described in clause (i) and which is not taken into account in the percentage increase described in clause (i), minus 1, multiplied by 100, and reduced by the performance standard factor (specified in subparagraph (B)). In clause (i), the term 'fees' means, with respect to 1991, reasonable charges and, with respect to any succeeding year, fee schedule amounts. (B) Performance standard factor For purposes of subparagraph (A), the performance standard factor - (i) for 1991 is 1 percentage point, (ii) for 1992 is 1 1/2 percentage points, and (iii) for each succeeding year is 2 percentage points. (C) Performance standard rates of increase for fiscal year 1991 Notwithstanding subparagraph (A), the performance standard rate of increase for a category of physicians' services for fiscal year 1991 shall be the sum of - (i) the Secretary's estimate of the percentage by which actual expenditures for the category of physicians' services under this part for fiscal year 1991 exceed actual expenditures for such category of services in fiscal year 1990 (determined without regard to the amendments made by the Omnibus Budget Reconciliation Act of 1990), and (ii) the Secretary's estimate of the percentage increase or decrease in expenditures for the category of services in fiscal year 1991 (compared with fiscal year 1990) that will result from changes in law and regulations (including the Omnibus Budget Reconciliation Act of 1990), reduced by 2 percentage points. (3) Quarterly reporting The Secretary shall establish procedures for providing, on a quarterly basis to the Physician Payment Review Commission, the Congressional Budget Office, the Congressional Research Service, the Committees on Ways and Means and Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate, information on compliance with performance standard rates of increase established under this subsection. (4) Separate group-specific performance standard rates of increase (A) Implementation of plan Subject to subparagraph (B), the Secretary shall, after completion of the study required under section 6102(e)(3) of the Omnibus Budget Reconciliation Act of 1989, but not before October 1, 1991, implement a plan under which qualified physician groups could elect annually separate performance standard rates of increase other than the performance standard rate of increase established for the year under paragraph (2) for such physicians. The Secretary shall develop criteria to determine which physician groups are eligible to elect to have applied to such groups separate performance standard rates of increase and the methods by which such group-specific performance standard rates of increase would be accomplished. The Secretary shall report to the Congress on the criteria and methods by April 15, 1991. The Physician Payment Review Commission shall review and comment on such recommendations by May 15, 1991. Before implementing group-specific performance standard rates of increase, the Secretary shall provide for notice and comment in the Federal Register and consult with organizations representing physicians. (B) Approval The Secretary may not implement the plan described in subparagraph (A), unless specifically approved by law. (5) Definitions In this subsection: (A) Services included in physicians' services The term 'physicians' services' includes other items and services (such as clinical diagnostic laboratory tests and radiology services), specified by the Secretary, that are commonly performed or furnished by a physician or in a physician's office, but does not include services furnished to an HMO enrollee under a risk-sharing contract under section 1395mm of this title. (B) HMO enrollee The term 'HMO enrollee' means, with respect to a fiscal year, an individual enrolled under this part who is enrolled with an entity under a risk-sharing contract under section 1395mm of this title in the fiscal year. (g) Limitation on beneficiary liability (1) Limitation on actual charges for unassigned claims If a nonparticipating physician knowingly and willfully bills on a repeated basis for physicians' services (furnished with respect to an individual enrolled under this part on or after January 1, 1991) an actual charge in excess of the limiting charge described in paragraph (2) and for which payment is not made on an assignment-related basis under this part, the Secretary may apply sanctions against such physician in accordance with section 1395u(j)(2) of this title. (2) 'Limiting charge' defined (A) For 1991 For physicians' services of a physician furnished during 1991, other than radiologist services subject to section 1395m(b) of this title, the 'limiting charge' shall be the same percentage (or, if less, 25 percent) above the recognized payment amount under this part with respect to the physician (as a nonparticipating physician) as the percentage by which - (i) the maximum allowable actual charge (as determined under section 1395u(j)(1)(C) of this title as of December 31, 1990, or, if less, the maximum actual charge otherwise permitted for the service under this part as of such date) for the service of the physician, exceeds (ii) the recognized payment amount for the service of the physician (as a nonparticipating physician) as of such date. In the case of evaluation and management services (as specified in section 1395u(b)(16)(B)(ii) of this title), the preceding sentence shall be applied by substituting '40 percent' for '25 percent'. (B) For 1992 For physicians' services furnished during 1992, other than radiologist services subject to section 1395m(b) of this title, the 'limiting charge' shall be the same percentage (or, if less, 20 percent) above the recognized payment amount under this part for nonparticipating physicians as the percentage by which - (i) the limiting charge (as determined under subparagraph (A) as of December 31, 1991) for the service, exceeds (ii) the recognized payment amount for the service for nonparticipating physicians as of such date. (C) After 1992 For physicians' services furnished in a year after 1992, the 'limiting charge' shall be 115 percent of the recognized payment amount under this part for nonparticipating physicians. (D) Recognized payment amount In this section, the term 'recognized payment amount' means, for services furnished on or after January 1, 1992, the fee schedule amount determined under subsection (a) of this section, and, for services furnished during 1991, the applicable percentage (as defined in section 1395u(b)(4)(A)(iv) of this title) of the prevailing charge (or fee schedule amount) for nonparticipating physicians for that year. (3) Limitation on charges for medicare beneficiaries eligible for medicaid benefits (A) In general Payment for physicians' services furnished on or after April 1, 1990, to an individual who is enrolled under this part and eligible for any medical assistance (including as a qualified medicare beneficiary, as defined in section 1396d(p)(1) of this title) with respect to such services under a State plan approved under subchapter XIX of this chapter may only be made on an assignment-related basis. (B) Penalty A person may not bill for physicians' services subject to subparagraph (A) other than on an assignment-related basis. If a person knowingly and willfully bills for physicians' services in violation of the previous sentence, the Secretary may apply sanctions against the person in accordance with section 1395u(j)(2) of this title. (4) Physician submission of claims (A) In general For services furnished on or after September 1, 1990, within 1 year after the date of providing a service for which payment is made under this part on a reasonable charge or fee schedule basis, a physician, supplier, or other person (or an employer or facility in the cases described in section 1395u(b)(6)(A) of this title) - (i) shall complete and submit a claim for such service on a standard claim form specified by the Secretary to the carrier on behalf of a beneficiary, and (ii) may not impose any charge relating to completing and submitting such a form. (B) Penalty (i) With respect to an assigned claim wherever a physician, provider, supplier or other person (or an employer or facility in the cases described in section 1395u(b)(6)(A) of this title) fails to submit such a claim as required in subparagraph (A), the Secretary shall reduce by 10 percent the amount that would otherwise be paid for such claim under this part. (ii) If a physician, supplier, or other person (or an employer or facility in the cases described in section 1395u(b)(6)(A) of this title) fails to submit a claim required to be submitted under subparagraph (A) or imposes a charge in violation of such subparagraph, the Secretary shall apply the sanction with respect to such a violation in the same manner as a sanction may be imposed under section 1395u(p)(3) of this title for a violation of section 1395u(p)(1) of this title. (5) Electronic billing; direct deposit The Secretary shall encourage and develop a system providing for expedited payment for claims submitted electronically. The Secretary shall also encourage and provide incentives allowing for direct deposit as payments for services furnished by participating physicians. The Secretary shall provide physicians with such technical information as necessary to enable such physicians to submit claims electronically. The Secretary shall submit a plan to Congress on this paragraph by May 1, 1990. (6) Monitoring of charges (A) In general The Secretary shall monitor - (i) the actual charges of nonparticipating physicians for physicians' services furnished on or after January 1, 1991, to individuals enrolled under this part, and (ii) changes (by specialty, type of service, and geographic area) in (I) the proportion of expenditures for physicians' services provided under this part by participating physicians, (II) the proportion of expenditures for such services for which payment is made under this part on an assignment-related basis, and (III) the amounts charged above the recognized payment amounts under this part. (B) Report The Secretary shall, by not later than April 15 of each year (beginning in 1992), report to the Congress regarding the changes described in subparagraph (A)(ii). (C) Plan If the Secretary finds that there has been a significant decrease in the proportions described in subclauses (I) and (II) of subparagraph (A)(ii) or an increase in the amounts described in subclause (III) of that subparagraph, the Secretary shall develop a plan to address such a problem and transmit to Congress recommendations regarding the plan. The Physician Payment Review Commission shall review the Secretary's plan and recommendations and transmit to Congress its comments regarding such plan and recommendations. (7) Monitoring of utilization and access (A) In general The Secretary shall monitor - (i) changes in the utilization of and access to services furnished under this part within geographic, population, and service related categories, (ii) possible sources of inappropriate utilization of services furnished under this part which contribute to the overall level of expenditures under this part, and (iii) factors underlying these changes and their interrelationships. (B) Report The Secretary shall by not later than April 15, (FOOTNOTE 4) of each year (beginning with 1991) report to the Congress on the changes described in subparagraph (A)(i) and shall include in the report an examination of the factors (including factors relating to different services and specific categories and groups of services and geographic and demographic variations in utilization) which may contribute to such changes. (FOOTNOTE 4) So in original. The comma probably should not appear. (C) Recommendations The Secretary shall include in each annual report under subparagraph (B) recommendations - (i) addressing any identified patterns of inappropriate utilization, (ii) on utilization review, (iii) on physician education or patient education, (iv) addressing any problems of beneficiary access to care made evident by the monitoring process, and (v) on such other matters as the Secretary deems appropriate. The Physician Payment Review Commission shall comment on the Secretary's recommendations and in developing its comments, the Commission shall convene and consult a panel of physician experts to evaluate the implications of medical utilization patterns for the quality of and access to patient care. (h) Sending information to physicians Before the beginning of each year (beginning with 1992), the Secretary shall send to each physician furnishing physicians' services under this part, for services commonly performed by the physician, information on fee schedule amounts that apply for the year in the fee schedule area for participating and non-participating physicians, and the maximum amount that may be charged consistent with subsection (g)(2) of this section. Such information shall be transmitted in conjunction with notices to physicians under section 1395u(h) of this title (relating to the participating physician program) for a year. (i) Miscellaneous provisions (1) Restriction on administrative and judicial review There shall be no administrative or judicial review under section 1395ff of this title or otherwise of - (A) the determination of the adjusted historical payment basis (as defined in subsection (a)(2)(D)(i) of this section), (B) the determination of relative values and relative value units under subsection (c) of this section, (C) the determination of conversion factors under subsection (d) of this section, (D) the establishment of geographic adjustment factors under subsection (e) of this section, and (E) the establishment of the system for the coding of physicians' services under this section. (2) Assistants-at-surgery (A) In general Subject to subparagraph (B), in the case of a surgical service furnished by a physician, if payment is made separately under this part for the services of a physician serving as an assistant-at-surgery, the fee schedule amount shall not exceed 16 percent of the fee schedule amount otherwise determined under this section for the global surgical service involved. (B) Denial of payment in certain cases If the Secretary determines, based on the most recent data available, that for a surgical procedure (or class of surgical procedures) the national average percentage of such procedure performed under this part which involve the use of a physician as an assistant at surgery is less than 5 percent, no payment may be made under this part for services of an assistant at surgery involved in the procedure. (3) No comparability adjustment For physicians' services for which payment under this part is determined under this section - (A) a carrier may not make any adjustment in the payment amount under section 1395u(b)(3)(B) of this title on the basis that the payment amount is higher than the charge applicable, for a (FOOTNOTE 5) comparable services and under comparable circumstances, to the policyholders and subscribers of the carrier, (FOOTNOTE 5) So in original. The word 'a' probably should not appear. (B) no payment adjustment may be made under section 1395u(b)(8) of this title, and (C) section 1395u(b)(9) of this title shall not apply. (j) Definitions In this section: (1) Category The term 'category' means, with respect to physicians' services, surgical services, and all physicians' services other than surgical services (as defined by the Secretary) and all other physicians' services. The Secretary shall define surgical services and publish such definition in the Federal Register no later than May 1, 1990, after consultation with organizations representing physicians. (2) Fee schedule area The term 'fee schedule area' means a locality used under section 1395u(b) of this title for purposes of computing payment amounts for physicians' services. (3) Physicians' services The term 'physicians' services' includes items and services described in paragraphs (1), (2)(A), (2)(D), (3), and (4) of section 1395x(s) of this title (other than clinical diagnostic laboratory tests and such other items and services as the Secretary may specify). (4) Practice expenses The term 'practice expenses' includes all expenses for furnishing physicians' services, excluding malpractice expenses, physician compensation, and other physician fringe benefits. -SOURCE- (Aug. 14, 1935, ch. 531, title XVIII, Sec. 1848, as added Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6102(a), 103 Stat. 2169, and amended Nov. 5, 1990, Pub. L. 101-508, title IV, Sec. 4102(b), (g)(2), 4104(b)(2), 4105(a)(3), (c), 4106(b)(1), 4107(a)(1), 4109(a), 4116, 4118(b)-(f)(1), (k), 104 Stat. 1388-56, 1388-57, 1388-59 to 1388-63, 1388-65, 1388-67, 1388-68, 1388-71.) -REFTEXT- REFERENCES IN TEXT Section 6105(b) of the Omnibus Budget Reconciliation Act of 1989, referred to in subsec. (a)(2)(D)(ii), (iii), is section 6105(b) of Pub. L. 101-239, which is set out as a note under section 1395m of this title. Section 4048(b) of the Omnibus Budget Reconciliation Act of 1987, referred to in subsec. (b)(2)(B), is section 4048(b) of Pub. L. 100-203, which is set out as a note under section 1395u of this title. The Omnibus Budget Reconciliation Act of 1990, referred to in subsec. (f)(2)(C)(i), (ii), is Pub. L. 101-508, Nov. 5, 1990, 104 Stat. 1388. For complete classification of this Act to the Code, see Tables. Section 6102(e)(3) of the Omnibus Budget Reconciliation Act of 1989, referred to in subsec. (f)(4)(A), probably means section 6102(d)(3) of Pub. L. 101-239, which is set out below. -MISC2- AMENDMENTS 1990 - Subsec. (a)(1). Pub. L. 101-508, Sec. 4104(b)(2), struck out 'or 1395m(f)' after 'section 1395m(b)' in introductory provisions. Subsec. (a)(2)(C). Pub. L. 101-508, Sec. 4102(b), inserted 'and radiology' after 'Special rule for anesthesia' in heading and inserted at end 'With respect to radiology services, '109 percent' and '9 percent' shall be substituted for '115 percent' and '15 percent', respectively, in subparagraph (A)(ii).' Subsec. (a)(2)(D)(ii). Pub. L. 101-508, Sec. 4102(g)(2)(A), inserted ', but excluding nuclear medicine services that are subject to section 6105(b) of the Omnibus Budget Reconciliation Act of 1989' after 'section 1395m(b)(6) of this title)'. Subsec. (a)(2)(D)(iii). Pub. L. 101-508, Sec. 4102(g)(2)(B), added cl. (iii). Subsec. (a)(4). Pub. L. 101-508, Sec. 4106(b)(1), added par. (4). Subsec. (b)(3). Pub. L. 101-508, Sec. 4109(a), added par. (3). Subsec. (c)(1)(B). Pub. L. 101-508, Sec. 4118(f)(1)(A), struck out at end 'In this subparagraph, the term 'practice expenses' includes all expenses for furnishing physicians' services, excluding malpractice expenses, physician compensation, and other physician fringe benefits.' Subsec. (c)(3). Pub. L. 101-508, Sec. 4118(f)(1)(C), redesignated par. (3), relating to ancillary policies, as (4). Subsec. (c)(3)(C)(ii)(II), (iii)(II). Pub. L. 101-508, Sec. 4118(f)(1)(B), struck out 'by' before 'the proportion'. Subsec. (c)(4). Pub. L. 101-508, Sec. 4118(f)(1)(D), substituted 'section' for 'subsection'. Pub. L. 101-508, Sec. 4118(f)(1)(C), redesignated par. (3), relating to ancillary policies, as (4). Former par. (4) redesignated (5). Pub. L. 101-508, Sec. 4118(d), struck out 'only for services furnished on or after January 1, 1993' after 'visits and consultations'. Subsec. (c)(5), (6). Pub. L. 101-508, Sec. 4118(f)(1)(C), redesignated pars. (4) and (5) as (5) and (6), respectively. Subsec. (d)(1)(A). Pub. L. 101-508, Sec. 4118(f)(1)(E), (F)(i)(III), amended subpar. (A) identically, substituting 'paragraph (3)' for 'subparagraph (C)'. Pub. L. 101-508, Sec. 4118(f)(1)(F)(i)(I), (II), substituted 'conversion factor (or factors)' for 'conversion factor' in two places and 'update or updates' for 'update'. Subsec. (d)(1)(C)(i). Pub. L. 101-508, Sec. 4118(f)(1)(F)(ii)(I), substituted 'conversion factor' for 'conversion factor (or factors)'. Subsec. (d)(1)(C)(ii). Pub. L. 101-508, Sec. 4118(f)(1)(F)(ii)(II), inserted 'the conversion factor (or factors) which will apply to physicians' services for the following year and' before 'the update (or updates)' and substituted 'such year' for 'the following year'. Subsec. (d)(2)(A). Pub. L. 101-508, Sec. 4118(f)(1)(G), (I), substituted 'physicians' services (as defined in subsection (f)(5)(A) of this section)' for 'physicians' services' in first sentence and 'proportion of individuals who are enrolled under this part who are HMO enrollees' for 'proportion of HMO enrollees' in last sentence. Subsec. (d)(2)(A)(ii). Pub. L. 101-508, Sec. 4118(f)(1)(H), substituted 'and for the services involved' for '(as defined in subsection (f)(5)(A) of this section)' and 'such services' for 'all such physicians' services'. Subsec. (d)(2)(E)(i). Pub. L. 101-508, Sec. 4118(f)(1)(J), inserted 'the' before 'most recent'. Subsec. (d)(2)(E)(ii)(I). Pub. L. 101-508, Sec. 4118(f)(1)(K), substituted 'payments for physicians' services' for 'physicians' services'. Subsec. (d)(3)(A)(i). Pub. L. 101-508, Sec. 4105(a)(3)(A), inserted 'except as provided in clause (iii),' after 'subparagraph (B),'. Subsec. (d)(3)(A)(iii). Pub. L. 101-508, Sec. 4105(a)(3)(B), added cl. (iii). Subsec. (d)(3)(B)(i). Pub. L. 101-508, Sec. 4118(f)(1)(L)(i)(II), which directed amendment of cl. (i) by substituting 'services in such category' for 'physicians' services (as defined in subsection (f)(5)(A))', was executed by making the substitution for 'physicians' services (as defined in section (f)(5)(A))' to reflect the probable intent of Congress. Pub. L. 101-508, Sec. 4118(f)(1)(L)(i)(I), substituted 'update for a category of physicians' services for a year' for 'update for a year'. Subsec. (d)(3)(B)(ii). Pub. L. 101-508, Sec. 4118(f)(1)(L)(ii), inserted 'more than' after 'decrease of' in introductory provisions and struck out 'more than' before '2 percentage points' in subcl. (I). Subsec. (e)(1)(A). Pub. L. 101-508, Sec. 4118(c)(1), substituted 'subparagraphs (B) and (C)' for 'subparagraph (B)' in introductory provisions. Subsec. (e)(1)(C). Pub. L. 101-508, Sec. 4118(c)(2), added subpar. (C). Subsec. (f)(1)(C). Pub. L. 101-508, Sec. 4105(c)(1), substituted '1991' for '1990' after 'beginning with'. Subsec. (f)(1)(D)(i). Pub. L. 101-508, Sec. 4118(f)(1)(M), substituted 'portions of calendar years' for 'calendar years'. Subsec. (f)(2)(A). Pub. L. 101-508, Sec. 4118(b)(1), (f)(1)(N)(i), in introductory provisions, substituted 'the performance standard rate of increase, for all physicians' services and for each category of physicians' services,' for 'each performance standard rate of increase' and 'product' for 'sum'. Pub. L. 101-508, Sec. 4118(b)(6), substituted 'minus 1, multiplied by 100, and reduced' for 'reduced' in concluding provisions. Subsec. (f)(2)(A)(i). Pub. L. 101-508, Sec. 4118(f)(1)(M), (N)(ii), substituted 'all physicians' services or for the category of physicians' services, respectively,' for 'physicians' services (as defined in subsection (f)(5)(A) of this section' and 'portions of calendar years' for 'calendar years'. Pub. L. 101-508, Sec. 4118(b)(2), (3), substituted '1 plus the Secretary's' for 'the Secretary's' and 'percentage increase (divided by 100)' for 'percentage increase'. Subsec. (f)(2)(A)(ii). Pub. L. 101-508, Sec. 4118(b)(2), (4), substituted '1 plus the Secretary's' for 'the Secretary's' and inserted '(divided by 100)' after 'decrease'. Subsec. (f)(2)(A)(iii). Pub. L. 101-508, Sec. 4118(f)(1)(N)(iii), substituted 'all physicians' services or of the category of physicians' services, respectively,' for 'physicians' services'. Pub. L. 101-508, Sec. 4118(b)(2), (5), substituted '1 plus the Secretary's' for 'the Secretary's' and inserted '(divided by 100)' after 'percentage growth'. Subsec. (f)(2)(A)(iv). Pub. L. 101-508, Sec. 4118(e), (f)(1)(N)(iv), substituted 'all physicians' services or of the category of physicians' services, respectively,' for 'physicians' services (as defined in subsection (f)(5)(A) of this section)' and inserted 'including changes in law and regulations affecting the percentage increase described in clause (i)' after 'law or regulations'. Pub. L. 101-508, Sec. 4118(b)(2), (4), substituted '1 plus the Secretary's' for 'the Secretary's' and 'decrease (divided by 100)' for 'decrease'. Subsec. (f)(2)(C). Pub. L. 101-508, Sec. 4105(c)(2), added subpar. (C). Subsec. (f)(4)(A). Pub. L. 101-508, Sec. 4118(f)(1)(O), substituted 'subparagraph (B)' for 'paragraph (B)'. Subsec. (f)(4)(B). Pub. L. 101-508, Sec. 4118(f)(1)(P), substituted 'specifically approved by law' for 'Congress specifically approves the plan'. Subsec. (g)(2)(A). Pub. L. 101-508, Sec. 4118(f)(1)(Q), inserted 'other than radiologist services subject to section 1395m(b) of this title,' after 'during 1991,' in introductory provisions. Pub. L. 101-508, Sec. 4116, inserted at end 'In the case of evaluation and management services (as specified in section 1395u(b)(16)(B)(ii) of this title), the preceding sentence shall be applied by substituting '40 percent' for '25 percent'.' Subsec. (g)(2)(B). Pub. L. 101-508, Sec. 4118(f)(1)(Q), inserted 'other than radiologist services subject to section 1395m(b) of this title,' after 'during 1992,' in introductory provisions. Subsec. (i)(1)(A). Pub. L. 101-508, Sec. 4118(f)(1)(R), substituted 'adjusted historical payment basis (as defined in subsection (a)(2)(D)(i)' for 'historical payment basis (as defined in subsection (a)(2)(C)(i)'. Subsec. (i)(2). Pub. L. 101-508, Sec. 4107(a)(1), added par. (2). Subsec. (i)(3). Pub. L. 101-508, Sec. 4118(k), added par. (3). Subsec. (j)(1). Pub. L. 101-508, Sec. 4118(f)(1)(S), which directed the amendment of par. (1) by substituting '(as defined by the Secretary) and all other physicians' services' for ', and such other' and all that follows through the period was executed by making the substitution for ', and such other category or categories of physicians' services as the Secretary, from time to time, defines in regulation.' to reflect the probable intent of Congress. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 4102(b), (g)(2) of Pub. L. 101-508 applicable to services furnished on or after Jan. 1, 1991, see section 4102(i)(1) of Pub. L. 101-508, set out as a note under section 1395m of this title. Amendment by section 4104(b)(2) of Pub. L. 101-508 applicable to services furnished on or after Jan. 1, 1991, see section 4104(d) of Pub. L. 101-508, set out as a note under section 1395l of this title. Amendment by section 4106(b)(1) of Pub. L. 101-508 applicable to services furnished after 1991, see section 4106(d)(2) of Pub. L. 101-508, set out as a note under section 1395u of this title. Section 4107(a)(2) of Pub. L. 101-508 provided that: 'Section 1848(i)(2) of the Social Security Act (subsec. (i)(2) of this section), as added by the amendment made by paragraph (1), shall apply to services furnished in 1991 in the same manner as it applies to services furnished after 1991. In applying the previous sentence, the prevailing charge shall be substituted for the fee schedule amount.' Section 4107(c) of Pub. L. 101-508 provided that: 'The amendment made by subsection (probably should be 'subsection (a)(1)' which amended this section) shall apply with respect to services furnished on or after January 1, 1992.' Section 4109(b) of Pub. L. 101-508 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to services furnished on or after January 1, 1992. In applying section 1848(d)(1)(B) of the Social Security Act (subsec. (d)(1)(B) of this section) (in computing the initial budget-neutral conversion factor for 1991), the Secretary shall compute such factor assuming that section 1848(b)(3) of such Act (as added by the amendment made by subsection (a)) had applied to physicians' services furnished during 1991.' ANCILLARY POLICIES; ADJUSTMENT FOR INDEPENDENT LABORATORIES FURNISHING PHYSICIAN PATHOLOGY SERVICES Section 4104(c) of Pub. L. 101-508 provided: 'The Secretary of Health and Human Services, in establishing ancillary policies under section 1848(c)(3) of the Social Security Act (subsec. (c)(3) of this section), shall consider an appropriate adjustment to reflect the technical component of furnishing physician pathology services through a laboratory that is independent of a hospital and separate from an attending or consulting physician's office.' COMPUTATION OF CONVERSION FACTOR FOR 1992 Section 4105(b)(2) of Pub. L. 101-508 provided that: 'In computing the conversion factor under section 1848(d)(1)(B) of the Social Security Act for 1992 (subsec. (d)(1)(B) of this section), the Secretary of Health and Human Services shall determine the estimated aggregate amount of payments under part B of title XVIII of such Act (this part) for physicians' services in 1991 assuming that the amendments made by this subsection (amending section 1395u of this title) did not apply.' Section 4106(c) of Pub. L. 101-508 provided that: 'In computing the conversion factor under section 1848(d)(1)(B) (subsec. (d)(1)(B) of this section) for 1992, the Secretary of Health and Human Services shall determine the estimated aggregate amount of payments under part B (this part) for physicians' services in 1991 assuming that the amendments made by this section (amending this section, section 1395u of this title, and provisions set out as a note under section 1395u of this title) (notwithstanding subsection (d) (set out as an Effective Date of 1990 Amendment note under section 1395u of this title)) applied to all services furnished during such year.' PUBLICATION OF PERFORMANCE STANDARD RATES Section 4105(d) of Pub. L. 101-508 provided that: 'Not later than 45 days after the date of the enactment of this Act (Nov. 5, 1990), the Secretary of Health and Human Services, based on the most recent data available, shall estimate and publish in the Federal Register the performance standard rates of increase specified in section 1848(f)(2)(C) of the Social Security Act (subsec. (f)(2)(C) of this section) for fiscal year 1991.' STUDY OF REGIONAL VARIATIONS IN IMPACT OF MEDICARE PHYSICIAN PAYMENT REFORM Section 4115 of Pub. L. 101-508 provided that: '(a) Study. - The Secretary of Health and Human Services shall conduct a study of - '(1) factors that may explain geographic variations in Medicare reasonable charges for physicians' services that are not attributable to variations in physician practice costs (including the supply of physicians in an area and area variations in the mix of services furnished); '(2) the extent to which the geographic practice cost indices applied under the fee schedule established under section 1848 of the Social Security Act (this section) accurately reflect variations in practice costs and malpractice costs (and alternative sources of information upon which to base such indices); '(3) the impact of the transition to a national, resource-based fee schedule for physicians' services under Medicare on access to physicians' services in areas that experience a disproportionately large reduction in payments for physicians' services under the fee schedule by reason of such variations; and '(4) appropriate adjustments or modifications in the transition to, or manner of determining payments under, the fee schedule established under section 1848 of the Social Security Act, to compensate for such variations and ensure continued access to physicians' services for Medicare beneficiaries in such areas. '(b) Report. - By not later than July 1, 1992, the Secretary shall submit to Congress a report on the study conducted under subsection (a).' STATEWIDE FEE SCHEDULE AREAS FOR PHYSICIANS' SERVICES Section 4117 of Pub. L. 101-508 provided that: '(a) In General. - Notwithstanding section 1848(j)(2) of the Social Security Act (42 U.S.C. 1395w-4(j)(2)), in the case of the States of Nebraska and Oklahoma, if the respective State meets the requirements specified in subsection (b) on or before April 1, 1991, the Secretary of Health and Human Services (Secretary) shall treat the State as a single fee schedule area for purposes of determining - '(1) the adjusted historical payment basis (as defined in section 1848(a)(2)(D) of such Act (42 U.S.C. 1395w-4(a)(2)(D))), and '(2) the fee schedule amount (as referred to in section 1848(a) (42 U.S.C. 1395w-4(a)) of such Act), for physicians' services (as defined in section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3))) furnished on or after January 1, 1992. '(b) Requirements. - The requirements specified in this subsection are that (on or before April 1, 1991) there are written expressions of support for treatment of the State as a single fee schedule area (on a budget-neutral basis) from - '(1) each member of the congressional delegation from the State, and '(2) organizations representing urban and rural physicians in the State. '(c) Budget Neutrality. - Notwithstanding section 1842(b)(3) of such Act (42 U.S.C. 1395u(b)(3)), the Secretary shall provide for treatment of a State as a single fee schedule area (as described in subsection (a)) in a manner that ensures that total payments for physicians' services (as so defined) furnished by physicians in the State during 1992 are not greater or less than total payments for such services would have been but for such treatment. '(d) Construction. - Nothing in this section shall be construed as limiting the availability (to the Secretary, the appropriate agency or organization with a contract under section 1842, or physicians in a State) of otherwise applicable administrative procedures for modifying the fee schedule area or areas in the State after implementation of subsection (a) with respect to the State.' STUDIES Section 6102(d) of Pub. L. 101-239 provided that: '(1) GAO study of alternative payment methodology for malpractice component. - The Comptroller General shall provide for - '(A) a study of alternative ways of paying, under section 1848 of the Social Security Act (this section), for the malpractice component for physicians' services, in a manner that would assure, to the extent practicable, payment for medicare's share of malpractice insurance premiums, and '(B) a study to examine alternative resolution procedures for malpractice claims respecting professional services furnished under the medicare program. The examination under subparagraph (B) shall include review of the feasibility of establishing procedures that involve no-fault payment or that involve mandatory arbitration. By not later than April 1, 1991, the Comptroller General shall submit a report to Congress on the results of the studies. '(2) Study of payments to risk-contracting plans. - The Secretary of Health and Human Services (in this subsection referred to as the 'Secretary') shall conduct a study of how payments under section 1848 of the Social Security Act may affect payments to eligible organizations with risk-sharing contracts under section 1876 of such Act (section 1395mm of this title). By not later than April 1, 1990, the Secretary shall submit a report to Congress on such study and shall include in the report such recommendations for such changes in the methodology for payment under such risk-sharing contracts as the Secretary deems appropriate. '(3) Study of volume performance standard rates of increase by geography, specialty, and type of service. - The Secretary shall conduct a study of the feasibility of establishing, under section 1848(f) of the Social Security Act (subsec. (f) of this section), separate performance standard rates of increase for services furnished by or within each of the following (including combinations of the following): '(A) Geographic area (such as a region, State, or other area). '(B) Specialty or group of specialties of physicians. '(C) Type of services (such as primary care, services of hospital-based physicians, and other inpatient services). Such study shall also include the scope of services included within, or excluded from, the rate of increase in expenditure system. By not later than July 1, 1990, the Secretary shall submit a report to Congress on such study and shall include in the report such recommendations respecting the feasibility of establishing separate performance standard rates of increase in expenditures as the Secretary deems appropriate. '(4) HHS visit code modification study. - The Secretary shall conduct a study of the desirability of including time as a factor in establishing visit codes. By not later than July 1, 1991, the Secretary shall consult with the Physician Payment Review Commission, and submit a report to Congress on such study and shall include in the report recommendations respecting the desirability of modifying the number of visit codes, whether greater coding uniformity would result from including time in visit codes when compared with clarifying the clinical descriptions of existing codes, and the ability to audit physician time accurately. '(5) Commission study of payment for practice expenses. - The Physician Payment Review Commission shall conduct a study of - '(A) the extent to which practice costs and malpractice costs vary by geographic locality (including region, State, Metropolitan Statistical Areas, or other areas and by specialty), '(B) the extent to which available geographic practice-cost indices accurately reflect practice costs and malpractice costs in rural areas, '(C) which geographic units would be most appropriate to use in measuring and adjusting practice costs and malpractice costs, '(D) appropriate methods for allocating malpractice expenses to particular procedures which could be incorporated into the determination of relative values for particular procedures using a consensus panel and other appropriate methodologies, '(E) the effect of alternative methods of allocating malpractice expenses on medicare expenditures by specialty, type of service, and by geographic area, and '(F) the special circumstances of rural independent laboratories in determining the geographic cost-of-practice index. By not later than July 1, 1991, the Commission shall submit a report to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate on the study and shall include in the report such recommendations as it deems appropriate. '(6) Commission study of geographic payment areas. - The Physician Payment Review Commission shall conduct a study of the feasibility and desirability of using Metropolitan Statistical Areas or other payment areas for purposes of payment for physicians' services under part B of title XVIII of the Social Security Act (this part). By not later than July 1, 1991, the Commission shall submit a report to Congress on such study and shall include in the report recommendations on the desirability of retaining current carrier-wide localities, changing to a system of statewide localities, or adopting Metropolitan Statistical Areas or other payment areas for purposes of payment under such part B. '(7) Commission study of payment for non-physician providers of medicare services. - The Physician Payment Review Commission shall conduct a study of the implications of a resource-based fee schedule for physicians' services for non-physician practitioners, such as physician assistants, clinical psychologists, nurse midwives, and other health practitioners whose services can be billed under the medicare program on a fee-for-service basis. The study shall address (A) what the proper level of payment should be for these practitioners, (B) whether or not adjustments to their payments should be subject to the medicare volume performance standard process, and (C) what update to use for services outside the medicare volume performance standard process. The Commission shall submit a report to Congress on such study by not later than July 1, 1991. '(8) Commission study of physician fees under medicaid. - The Physician Payment Review Commission shall conduct a study on physician fees under State medicaid programs established under title XIX of the Social Security Act (subchapter XIX of this chapter). The Commission shall specifically examine in such study the adequacy of physician reimbursement under such programs, physician participation in such programs, and access to care by medicaid beneficiaries. By no later than July 1, 1991, the Commission shall submit a report to Congress on such study and shall include such recommendations as the Commission deems appropriate. '(9) GAO study on physician anti-trust issues. - The Comptroller General shall conduct a study of the effect of anti-trust laws on the ability of physicians to act in groups to educate and discipline peers of such physicians in order to reduce and eliminate ineffective practice patterns and inappropriate utilization. The study shall further address anti-trust issues as they relate to the adoption of practice guidelines by third-party payers and the role that practice guidelines might play as a defense in malpractice cases. By no later than July 1, 1991, the Comptroller General shall submit a report to Congress on such study and shall make such recommendations as the Comptroller General deems appropriate.' DISTRIBUTION OF MODEL FEE SCHEDULE Section 6102(e)(11) of Pub. L. 101-239, as amended by Pub. L. 101-508, title IV, Sec. 4118(f)(2)(E), Nov. 5, 1990, 104 Stat. 1388-70, provided that: 'By September 1, 1990, the Secretary of Health and Human Services shall develop a Model Fee Schedule, using the methodology set forth in section 1848 of the Social Security Act (this section). The Model Fee Schedule shall include as many services as the Secretary of Health and Human Services concludes can be assigned valid relative values. The Secretary of Health and Human Services shall submit the Model Fee Schedule to the appropriate committees of Congress and make it generally available to the public.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1395l, 1395m, 1395u, 1395w-1, 1395y, 1395rr of this title. ------DocID 46228 Document 356 of 401------ -CITE- 42 USC Sec. 1396r-4 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XIX -HEAD- Sec. 1396r-4. Adjustment in payment for inpatient hospital services furnished by disproportionate share hospitals -STATUTE- (a) Implementation of requirement (1) A State plan under this subchapter shall not be considered to meet the requirement of section 1396a(a)(13)(A) of this title (insofar as it requires payments to hospitals to take into account the situation of hospitals which serve a disproportionate number of low income patients with special needs), as of July 1, 1988, unless the State has submitted to the Secretary, by not later than such date, an amendment to such plan that - (A) specifically defines the hospitals so described (and includes in such definition any disproportionate share hospital described in subsection (b)(1) of this section which meets the requirement of subsection (d) of this section), and (B) provides, effective for inpatient hospital services provided not later than July 1, 1988, for an appropriate increase in the rate or amount of payment for such services provided by such hospitals, consistent with subsection (c) of this section. (2)(A) In order to be considered to have met such requirement of section 1396a(a)(13)(A) of this title as of July 1, 1989, the State must submit to the Secretary by not later than April 1, 1989, the State plan amendment described in paragraph (1), consistent with subsection (c) of this section, effective for inpatient hospital services provided on or after July 1, 1989. (B) In order to be considered to have met such requirement of section 1396a(a)(13)(A) of this title as of July 1, 1990, the State must submit to the Secretary by not later than April 1, 1990, the State plan amendment described in paragraph (1), consistent with subsection (c) of this section, effective for inpatient hospital services provided on or after July 1, 1990. (C) If a State plan under this subchapter provides for payments for inpatient hospital services on a prospective basis (whether per diem, per case, or otherwise), in order for the plan to be considered to have met such requirement of section 1396a(a)(13)(A) of this title as of July 1, 1989, the State must submit to the Secretary by not later than April 1, 1989, a State plan amendment that provides, in the case of hospitals defined by the State as disproportionate share hospitals under paragraph (1)(A), for an outlier adjustment in payment amounts for medically necessary inpatient hospital services provided on or after July 1, 1989, involving exceptionally high costs or exceptionally long lengths of stay for individuals under one year of age. (3) The Secretary shall, not later than 90 days after the date a State submits an amendment under this subsection, review each such amendment for compliance with such requirement and by such date shall approve or disapprove each such amendment. If the Secretary disapproves such an amendment, the State shall immediately submit a revised amendment which meets such requirement. (4) The requirement of this subsection may not be waived under section 1396n(b)(4) of this title. (b) Hospitals deemed disproportionate share (1) For purposes of subsection (a)(1) of this section, a hospital which meets the requirement of subsection (d) of this section is deemed to be a disproportionate share hospital if - (A) the hospital's medicaid inpatient utilization rate (as defined in paragraph (2)) is at least one standard deviation above the mean medicaid inpatient utilization rate for hospitals receiving medicaid payments in the State; or (B) the hospital's low-income utilization rate (as defined in paragraph (3)) exceeds 25 percent. (2) For purposes of paragraph (1)(A), the term 'medicaid inpatient utilization rate' means, for a hospital, a fraction (expressed as a percentage), the numerator of which is the hospital's number of inpatient days attributable to patients who (for such days) were eligible for medical assistance under a State plan approved under this subchapter in a period, and the denominator of which is the total number of the hospital's inpatient days in that period. In this paragraph, the term 'inpatient day' includes each day in which an individual (including a newborn) is an inpatient in the hospital, whether or not the individual is in a specialized ward and whether or not the individual remains in the hospital for lack of suitable placement elsewhere. (3) For purposes of paragraph (1)(B), the term 'low-income utilization rate' means, for a hospital, the sum of - (A) the fraction (expressed as a percentage) - (i) the numerator of which is the sum (for a period) of (I) the total revenues paid the hospital for patient services under a State plan under this subchapter and (II) the amount of the cash subsidies for patient services received directly from State and local governments, and (ii) the denominator of which is the total amount of revenues of the hospital for patient services (including the amount of such cash subsidies) in the period; and (B) a fraction (expressed as a percentage) - (i) the numerator of which is the total amount of the hospital's charges for inpatient hospital services which are attributable to charity care in a period, less the portion of any cash subsidies described in clause (i)(II) of subparagraph (A) in the period reasonably attributable to inpatient hospital services, and (ii) the denominator of which is the total amount of the hospital's charges for inpatient hospital services in the hospital in the period. The numerator under subparagraph (B)(i) shall not include contractual allowances and discounts (other than for indigent patients not eligible for medical assistance under a State plan approved under this subchapter). (c) Payment adjustment In order to be consistent with this subsection, a payment adjustment for a disproportionate share hospital must either - (1) be in an amount equal to at least the product of (A) the amount paid under the State plan to the hospital for operating costs for inpatient hospital services (of the kind described in section 1395ww(a)(4) of this title), and (B) the hospital's disproportionate share adjustment percentage (established under section 1395ww(d)(5)(F)(iv) of this title); (2) provide for a minimum specified additional payment amount (or increased percentage payment) and (without regard to whether the hospital is described in subparagraph (A) or (B) of subsection (b)(1) of this section) for an increase in such a payment amount (or percentage payment) in proportion to the percentage by which the hospital's medicaid utilization rate (as defined in subsection (b)(2) of this section) exceeds one standard deviation above the mean medicaid inpatient utilization rate for hospitals receiving medicaid payments in the State or the hospital's low-income utilization rate (as defined in paragraph (FOOTNOTE 1) (b)(3) of this section); or (FOOTNOTE 1) So in original. Probably should be 'subsection'. (3) provide for a minimum specified additional payment amount (or increased percentage payment) that varies according to type of hospital under a methodology that - (A) applies equally to all hospitals of each type; and (B) results in an adjustment for each type of hospital that is reasonably related to the costs, volume, or proportion of services provided to patients eligible for medical assistance under a State plan approved under this subchapter or to low-income patients. (FOOTNOTE 2) (FOOTNOTE 2) So in original. The period probably should be a semicolon. except that, for purposes of paragraphs (1)(B) and (2)(A) of subsection (a) of this section, the payment adjustment for a disproportionate share hospital is consistent with this subsection if the appropriate increase in the rate or amount of payment is equal to at least one-third of the increase otherwise applicable under this subsection (in the case of such paragraph (1)(B)) and at least two-thirds of such increase (in the case of paragraph (2)(A)). In the case of a hospital described in subsection (d)(2)(A)(i) of this section (relating to children's hospitals), in computing the hospital's disproportionate share adjustment percentage for purposes of paragraph (1)(B) of this subsection, the disproportionate patient percentage (defined in section 1395ww(d)(5)(F)(vi) of this title) shall be computed by substituting for the fraction described in subclause (I) of such section the fraction described in subclause (II) of that section. If a State elects in a State plan amendment under subsection (a) of this section to provide the payment adjustment described in paragraph (2), the State must include in the amendment a detailed description of the specific methodology to be used in determining the specified additional payment amount (or increased percentage payment) to be made to each hospital qualifying for such a payment adjustment and must publish at least annually the name of each hospital qualifying for such a payment adjustment and the amount of such payment adjustment made for each such hospital. (d) Requirement to qualify as disproportionate share hospital (1) Except as provided in paragraph (2), no hospital may be defined or deemed as a disproportionate share hospital under a State plan under this subchapter or under subsection (b) of this section unless the hospital has at least 2 obstetricians who have staff privileges at the hospital and who have agreed to provide obstetric services to individuals who are entitled to medical assistance for such services under such State plan. (2)(A) Paragraph (1) shall not apply to a hospital - (i) the inpatients of which are predominantly individuals under 18 years of age; or (ii) which does not offer nonemergency obstetric services to the general population as of December 22, 1987. (B) In the case of a hospital located in a rural area (as defined for purposes of section 1395ww of this title), in paragraph (1) the term 'obstetrician' includes any physician with staff privileges at the hospital to perform nonemergency obstetric procedures. (e) Special rule (1) A State plan shall be considered to meet the requirement of section 1396a(a)(13)(A) of this title (insofar as it requires payments to hospitals to take into account the situation of hospitals which serve a disproportionate number of low income patients with special needs) without regard to the requirement of subsection (a) of this section if (A)(i) the plan provided for payment adjustments based on a pooling arrangement involving a majority of the hospitals participating under the plan for disproportionate share hospitals as of January 1, 1984, or (ii) the plan as of January 1, 1987, provided for payment adjustments based on a statewide pooling arrangement involving all acute care hospitals and the arrangement provides for reimbursement of the total amount of uncompensated care provided by each participating hospital, and (B) the aggregate amount of the payment adjustments under the plan for such hospitals is not less than the aggregate amount of such adjustments otherwise required to be made under such subsection. (2) In the case of a State that used a health insuring organization before January 1, 1986, to administer a portion of its plan on a statewide basis, beginning on July 1, 1988 - (A) the requirements of subsections (b) and (c) of this section shall not apply if the aggregate amount of the payment adjustments under the plan for disproportionate share hospitals (as defined under the State plan) is not less than the aggregate amount of payment adjustments otherwise required to be made if such subsections applied, and (B) subsection (d)(2)(B) of this section shall apply to hospitals located in urban areas, as well as in rural areas. -SOURCE- (Aug. 14, 1935, ch. 531, title XIX, Sec. 1923, formerly Pub. L. 100-203, title IV, Sec. 4112, Dec. 22, 1987, 101 Stat. 1330-148; redesignated Sec. 1923 of act Aug. 14, 1935, and amended July 1, 1988, Pub. L. 100-360, title III, Sec. 302(b)(2), title IV, Sec. 411(k)(6)(A)-(B)(ix), 102 Stat. 752, 792-794; Oct. 13, 1988, Pub. L. 100-485, title VI, Sec. 608(d)(15)(C), (26)(A)-(F), 102 Stat. 2417, 2421, 2422; Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6411(c)(1), 103 Stat. 2270; Nov. 5, 1990, Pub. L. 101-508, title IV, Sec. 4702(a), 4703(a)-(c), 104 Stat. 1388-171.) -COD- CODIFICATION Prior to redesignation by Pub. L. 100-360, section 4112 of Pub. L. 100-203, cited in the credits to this section, was classified as a note under section 1396a of this title. -MISC3- PRIOR PROVISIONS A prior section 1923 of act Aug. 14, 1935, was renumbered section 1928, and is classified to section 1396s of this title. AMENDMENTS 1990 - Subsec. (b)(2). Pub. L. 101-508, Sec. 4702(a), inserted at end 'In this paragraph, the term 'inpatient day' includes each day in which an individual (including a newborn) is an inpatient in the hospital, whether or not the individual is in a specialized ward and whether or not the individual remains in the hospital for lack of suitable placement elsewhere.' Subsec. (c)(2). Pub. L. 101-508, Sec. 4703(c), inserted before semicolon at end 'or the hospital's low-income utilization rate (as defined in paragraph (b)(3) of this section)'. Subsec. (c)(3). Pub. L. 101-508, Sec. 4703(a), added par. (3). Subsec. (e)(2). Pub. L. 101-508, Sec. 4703(b), struck out 'during the 3-year period' before 'beginning on'. 1989 - Subsec. (e)(1). Pub. L. 101-239 designated portion of existing provisions as cls. (A) and (B), and in cl. (A) designated existing provisions as subcl. (i) and added subcl. (ii). 1988 - Pub. L. 100-360, Sec. 411(k)(6)(A)-(B)(ix), as amended by Pub. L. 100-485, Sec. 608(d)(26)(F), amended Pub. L. 100-203, Sec. 4112, so as to redesignate section 4112 of Pub. L. 100-203 as this section. Subsec. (a). Pub. L. 100-360, Sec. 411(k)(6)(B)(iv), struck out 'of Health and Human Services' after 'to the Secretary' wherever appearing in pars. (1) and (2). Subsec. (a)(1). Pub. L. 100-360, Sec. 411(k)(6)(B)(ii), (iii), substituted 'A State plan under this subchapter' for 'A State's plan under title XIX of the Social Security Act', and made technical amendment to reference to section 1396a(a)(13)(A) of this title involving underlying provisions of original act. Subsec. (a)(2)(A). Pub. L. 100-360, Sec. 411(k)(6)(A)(i), substituted 'April 1, 1989' for 'such date' and inserted before period at end ', effective for inpatient hospital services provided on or after July 1, 1989'. Subsec. (a)(2)(B). Pub. L. 100-360, Sec. 411(k)(6)(A)(ii), substituted 'April 1, 1990' for 'such date' and inserted before period at end ', effective for inpatient hospital services provided on or after July 1, 1990'. Subsec. (a)(2)(C). Pub. L. 100-485, Sec. 608(d)(15)(C), realigned the margin of subpar. (C). Pub. L. 100-360, Sec. 302(b)(2), added subpar. (C). Subsec. (a)(3). Pub. L. 100-360, Sec. 411(k)(6)(A)(iii), inserted par. (3) designation and substituted '90 days after the date a State submits an amendment' for 'June 30 of each year in which the State is required to submit an amendment'. Subsec. (a)(4). Pub. L. 100-360, Sec. 411(k)(6)(A)(iii)(II), (III), (B)(v), inserted par. (4) designation and made technical amendment to reference to section 1396n(b)(4) of this title involving underlying provisions of original act. Subsec. (b)(2). Pub. L. 100-360, Sec. 411(k)(6)(A)(iv), substituted 'a State plan' for 'the State plan'. Pub. L. 100-360, Sec. 411(k)(6)(B)(vi), as amended by Pub. L. 100-485, Sec. 608(d)(26)(F), substituted 'under this subchapter' for 'under subchapter XIX of this chapter'. Subsec. (b)(3). Pub. L. 100-360, Sec. 411(k)(6)(B)(vi), as amended by Pub. L. 100-485, Sec. 608(d)(26)(F), substituted 'under this subchapter' for 'under subchapter XIX of this chapter' in last sentence. Subsec. (b)(3)(A)(i). Pub. L. 100-360, Sec. 411(k)(6)(B)(vi), as amended by Pub. L. 100-485, Sec. 608(d)(26)(F), substituted 'under this subchapter' for 'under subchapter XIX of this chapter'. Subsec. (b)(3)(B)(i). Pub. L. 100-485, Sec. 608(d)(26)(D), inserted 'of subparagraph (A)' after 'clause (i)(II)'. Pub. L. 100-360, Sec. 411(k)(6)(A)(v), inserted ', less the portion of any cash subsidies described in clause (i)(II) in the period reasonably attributable to inpatient hospital services' after 'charity care in a period'. Subsec. (c). Pub. L. 100-485, Sec. 608(d)(26)(E), substituted 'this subsection' for 'subsection (c)' in concluding provisions. Pub. L. 100-360, Sec. 411(k)(6)(A)(vi)(I), (II), (V), in concluding provisions, substituted 'paragraphs (1)(B) and (2)(A) of subsection (a) of this section' for 'paragraphs (2)(A) and (2)(B)', 'such paragraph (1)(B)' for 'paragraph (2)(A)', and 'such paragraph (2)(A)' for 'paragraph (2)(B)' and inserted 'at least' before 'one-third' and 'two-thirds'. Pub. L. 100-360, Sec. 411(k)(6)(A)(vi)(VI), inserted at end 'In the case of a hospital described in subsection (d)(2)(A)(i) of this section (relating to children's hospitals), in computing the hospital's disproportionate share adjustment percentage for purposes of paragraph (1)(B) of this subsection, the disproportionate patient percentage (defined in section 1395ww(d)(5)(F)(vi) of this title) shall be computed by substituting for the fraction described in subclause (I) of such section the fraction described in subclause (II) of that section. If a State elects in a State plan amendment under subsection (a) of this section to provide the payment adjustment described in paragraph (2), the State must include in the amendment a detailed description of the specific methodology to be used in determining the specified additional payment amount (or increased percentage payment) to be made to each hospital qualifying for such a payment adjustment and must publish at least annually the name of each hospital qualifying for such a payment adjustment and the amount of such payment adjustment made for each such hospital.' Subsec. (c)(1). Pub. L. 100-360, Sec. 411(k)(6)(A)(vi)(III), inserted 'at least' after 'equal to'. Subsec. (c)(2). Pub. L. 100-360, Sec. 411(k)(6)(A)(vi)(IV), as amended by Pub. L. 100-485, Sec. 608(d)(26)(A), inserted '(without regard to whether the hospital is described in subparagraph (A) or (B) of subsection (b)(1) of this section)' after 'payment) and'. Subsec. (d)(1). Pub. L. 100-360, Sec. 411(k)(6)(B)(vi), as amended by Pub. L. 100-485, Sec. 608(d)(26)(F), substituted 'under this subchapter' for 'under subchapter XIX of this chapter'. Subsec. (d)(2)(B). Pub. L. 100-360, Sec. 411(k)(6)(B)(vii), made technical amendment to reference to section 1395ww of this title involving underlying provisions of original Act. Subsec. (e). Pub. L. 100-360, Sec. 411(k)(6)(A)(vii), as amended by Pub. L. 100-485, Sec. 608(d)(26)(B), (C), designated existing provisions as par. (1), inserted 'based on a pooling arrangement involving a majority of the hospitals participating under the plan' after first reference to 'payment adjustments', added par. (2) and substituted 'statewide' for 'Statewide' in par. (2). EFFECTIVE DATE OF 1990 AMENDMENT Section 4702(b) of Pub. L. 101-508 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect on July 1, 1990.' Section 4703(d) of Pub. L. 101-508 provided that: 'The amendments made by this section (amending this section) shall take effect as if included in the enactment of section 412(a)(2)(4112(a)(2)) of the Omnibus Budget Reconciliation Act of 1987 (Pub. L. 100-203, enacting this section).' EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100-485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 100-360, see section 608(g)(1) of Pub. L. 100-485, set out as a note under section 704 of this title. Amendment by section 302(b)(2) of Pub. L. 100-360 effective July 1, 1988, see section 302(f)(2) of Pub. L. 100-360, set out as a note under section 1396a of this title. Except as specifically provided in section 411 of Pub. L. 100-360, amendment by section 411(k)(6)(A)-(B)(ix) of Pub. L. 100-360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, effective as if included in the enactment of that provision in Pub. L. 100-203, see section 411(a) of Pub. L. 100-360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1396a, 1396n of this title. ------DocID 46306 Document 357 of 401------ -CITE- 42 USC Sec. 1437aaa-4 -EXPCITE- TITLE 42 CHAPTER 8 SUBCHAPTER II-A -HEAD- Sec. 1437aaa-4. Other program requirements -STATUTE- (a) Sale by public housing agency to applicant or other entity required Where the Secretary approves an application providing for the transfer of the eligible project from the public housing agency to another applicant, the public housing agency shall transfer the project to such other applicant, in accordance with the approved homeownership program. (b) Preferences In selecting eligible families for homeownership, the recipient shall give a first preference to otherwise qualified current tenants and a second preference to otherwise qualified eligible families who have completed participation in an economic self-sufficiency program specified by the Secretary. (c) Cost limitations The Secretary may establish cost limitations on eligible activities under this subchapter, subject to the provisions of this subchapter. (d) Annual contributions Notwithstanding the purchase of a public housing project under this section, or the purchase of a unit in a public housing project by an eligible family, the Secretary shall continue to pay annual contributions with respect to the project. Such contributions may not exceed the maximum contributions authorized in section 1437c(a) of this title. (e) Operating subsidies Operating subsidies under section 1437g of this title shall not be available with respect to a public housing project after the date of its sale by the public housing agency. (f) Use of proceeds from sales to eligible families The entity that transfers ownership interests in, or shares representing, units to eligible families, or another entity specified in the approved application, shall use the proceeds, if any, from the initial sale for costs of the homeownership program, including operating expenses, improvements to the project, business opportunities for low-income families, supportive services related to the homeownership program, additional homeownership opportunities, and other activities approved by the Secretary. (g) Restrictions on resale by homeowners (1) In general (A) Transfer permitted A homeowner under a homeownership program may transfer the homeowner's ownership interest in, or shares representing, the unit, except that a homeownership program may establish restrictions on the resale of units under the program. (B) Right to purchase Where a resident management corporation, resident council, or cooperative has jurisdiction over the unit, the corporation, council, or cooperative shall have the right to purchase the ownership interest in, or shares representing, the unit from the homeowner for the amount specified in a firm contract between the homeowner and a prospective buyer. If such an entity does not have jurisdiction over the unit or elects not to purchase and if the prospective buyer is not a low-income family, the public housing agency or the implementation grant recipient shall have the right to purchase the ownership interest in, or shares representing, the unit for the same amount. (C) Promissory note required The homeowner shall execute a promissory note equal to the difference between the market value and the purchase price, payable to the public housing agency or other entity designated in the homeownership plan, together with a mortgage securing the obligation of the note. (2) 6 years or less In the case of a transfer within 6 years of the acquisition under the program, the homeownership program shall provide for appropriate restrictions to assure that an eligible family may not receive any undue profit. The plan shall provide for limiting the family's consideration for its interest in the property to the total of - (A) the contribution to equity paid by the family; (B) the value, as determined by such means as the Secretary shall determine through regulation, of any improvements installed at the expense of the family during the family's tenure as owner; and (C) the appreciated value determined by an inflation allowance at a rate which may be based on a cost-of-living index, an income index, or market index as determined by the Secretary through regulation and agreed to by the purchaser and the entity that transfers ownership interests in, or shares representing, units to eligible families (or another entity specified in the approved application), at the time of initial sale, and applied against the contribution to equity. Such an entity may, at the time of initial sale, enter into an agreement with the family to set a maximum amount which this appreciation may not exceed. (3) 6-20 years In the case of a transfer during the period beginning 6 years after the acquisition and ending 20 years after the acquisition, the homeownership program shall provide for the recapture by the Secretary or the program of an amount equal to the amount of the declining balance on the note described in paragraph (1)(C). (4) Use of recaptured funds Fifty percent of any portion of the net sales proceeds that may not be retained by the homeowner under the plan approved pursuant to this subsection shall be paid to the entity that transferred ownership interests in, or shares representing, units to eligible families, or another entity specified in the approved application, for use for improvements to the project, business opportunities for low-income families, supportive services related to the homeownership program, additional homeownership opportunities, and other activities approved by the Secretary. The remaining 50 percent shall be returned to the Secretary for use under this subchapter, subject to limitations contained in appropriations Acts. Such entity shall keep and make available to the Secretary all records necessary to calculate accurately payments due the Secretary under this subsection. (h) Third party rights The requirements under this subchapter regarding quality standards, resale, or transfer of the ownership interest of a homeowner shall be judicially enforceable against the grant recipient with respect to actions involving rehabilitation, and against purchasers of property under this subsection or their successors in interest with respect to other actions by affected low-income families, resident management corporations, resident councils, public housing agencies, and any agency, corporation, or authority of the United States Government. The parties specified in the preceding sentence shall be entitled to reasonable attorney fees upon prevailing in any such judicial action. (i) Dollar limitation on economic development activities Not more than an aggregate of $250,000 from amounts made available under sections 1437aaa-1 and 1437aaa-2 of this title may be used for economic development activities under sections 1437aaa-1(b)(6) and 1437aaa-2(b)(9) of this title for any project. (j) Timely homeownership Recipients shall transfer ownership of the property to tenants within a specified period of time that the Secretary determines to be reasonable. During the interim period when the property continues to be operated and managed as rental housing, the recipient shall utilize written tenant selection policies and criteria that are consistent with the public housing program and that are approved by the Secretary as consistent with the purpose of improving housing opportunities for low-income families. The recipient shall promptly notify in writing any rejected applicant of the grounds for any rejection. (k) Capability of resident management corporations and resident councils To be eligible to receive a grant under section 1437aaa-2 of this title, a resident management corporation or resident council shall demonstrate to the Secretary its ability to manage public housing by having done so effectively and efficiently for a period of not less than 3 years or by arranging for management by a qualified management entity. (l) Records and audit of recipients of assistance (1) In general Each recipient shall keep such records as may be reasonably necessary to fully disclose the amount and the disposition by such recipient of the proceeds of assistance received under this subchapter (and any proceeds from financing obtained in accordance with subsection (b) of this section or sales under subsections (f) and (g)(4) of this section), the total cost of the homeownership program in connection with which such assistance is given or used, and the amount and nature of that portion of the program supplied by other sources, and such other sources as will facilitate an effective audit. (2) Access by the Secretary The Secretary shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this subchapter. (3) Access by the Comptroller General The Comptroller General of the United States, or any of the duly authorized representatives of the Comptroller General, shall also have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this subchapter. -SOURCE- (Sept. 1, 1937, ch. 896, title III, Sec. 305, as added Nov. 28, 1990, Pub. L. 101-625, title IV, Sec. 411, 104 Stat. 4155.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in subsec. (g)(4), was in the original 'this subtitle', and was translated as reading 'this title', meaning title III of act Sept. 1, 1937, ch. 896, as added by Pub. L. 101-625, to reflect the probable intent of Congress, because title III of act Sept. 1, 1937, does not contain subtitles. ------DocID 46681 Document 358 of 401------ -CITE- 42 USC Sec. 1962a-4 -EXPCITE- TITLE 42 CHAPTER 19B SUBCHAPTER I -HEAD- Sec. 1962a-4. Administrative provisions -STATUTE- (a) Hearings, proceedings, evidence, reports; office space; use of mails; personnel; consultants; motor vehicles; necessary expenses; other powers For the purpose of carrying out the provisions of this chapter, the Council may: (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may deem advisable; (2) acquire, furnish, and equip such office space as is necessary; (3) use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States; (4) employ and fix the compensation of such personnel as it deems advisable, in accordance with the civil service laws and chapter 51 and subchapter III of chapter 53 of title 5; (5) procure services as authorized by section 3109 of title 5, at rates not in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5 in the case of individual experts or consultants; (6) purchase, hire, operate, and maintain passenger motor vehicles; and (7) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this chapter. (b) Oaths Any member of the Council is authorized to administer oaths when it is determined by a majority of the Council that testimony shall be taken or evidence received under oath. (c) Records; public inspection To the extent permitted by law, all appropriate records and papers of the Council may be made available for public inspection during ordinary office hours. (d) Information and personnel from other Federal agencies Upon request of the Council, the head of any Federal department or agency is authorized (1) to furnish to the Council such information as may be necessary for carrying out its functions and as may be available to or procurable by such department or agency, and (2) to detail to temporary duty with such Council on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status. (e) Responsibility for personnel and funds The Council shall be responsible for (1) the appointment and supervision of personnel, (2) the assignment of duties and responsibilities among such personnel, and (3) the use and expenditures of funds. -SOURCE- (Pub. L. 89-80, title I, Sec. 105, July 22, 1965, 79 Stat. 246; Pub. L. 94-112, Sec. 1(b), Oct. 16, 1975, 89 Stat. 575.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (a), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -COD- CODIFICATION In subsec. (a), 'chapter 51 and subchapter III of chapter 53 of title 5' substituted for 'Classification Act of 1949, as amended' and 'section 3109 of title 5' substituted for 'section 15 of the Act of August 2, 1946 (5 U.S.C. 55a)', on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1975 - Subsec. (a)(5). Pub. L. 94-112 substituted 'not in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5 in the case of individual experts or consultants' for 'not to exceed $100 per diem for individuals'. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1962d-2 of this title. ------DocID 46687 Document 359 of 401------ -CITE- 42 USC Sec. 1962b-4 -EXPCITE- TITLE 42 CHAPTER 19B SUBCHAPTER II -HEAD- Sec. 1962b-4. Administrative provisions -STATUTE- (a) Hearings, proceedings, evidence, reports; office space; use of mails; personnel, consultants, and professional service contracts; personnel from other agencies; retirement and employee benefit system for personnel without coverage; motor vehicles; necessary expenses; other powers For the purpose of carrying out the provisions of this subchapter, each river basin commission may - (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may deem advisable; (2) acquire, furnish, and equip such office space as is necessary; (3) use the United States mails in the same manner and upon the same conditions as departments and agencies of the United States; (4) employ and compensate such personnel as it deems advisable, including consultants, at rates not in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5, and retain and compensate such professional or technical service firms as it deems advisable on a contract basis; (5) arrange for the services of personnel from any State or the United States, or any subdivision or agency thereof, or any intergovernmental agency; (6) make arrangements, including contracts, with any participating government, except the United States or the District of Columbia, for inclusion in a suitable retirement and employee benefit system of such of its personnel as may not be eligible for or continuing in another governmental retirement or employee benefit system, or otherwise provide for such coverage of its personnel; (7) purchase, hire, operate, and maintain passenger motor vehicles; and (8) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this chapter. (b) Oaths The chairman of a river basin commission, or any member of such commission designated by the chairman thereof for the purpose, is authorized to administer oaths when it is determined by a majority of the commission that testimony shall be taken or evidence received under oath. (c) Records; public inspection To the extent permitted by law, all appropriate records and papers of each river basin commission shall be made available for public inspection during ordinary office hours. (d) Information and personnel from other Federal agencies Upon request of the chairman of any river basin commission, or any member or employee of such commission designated by the chairman thereof for the purpose, the head of any Federal department or agency is authorized (1) to furnish to such commission such information as may be necessary for carrying out its functions and as may be available to or procurable by such department or agency, and (2) to detail to temporary duty with such commission on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status. (e) Responsibility for personnel and funds The chairman of each river basin commission shall, with the concurrence of the vice chairman, appoint the personnel employed by such commission, and the chairman shall, in accordance with the general policies of such commission with respect to the work to be accomplished by it and the timing thereof, be responsible for (1) the supervision of personnel employed by such commission, (2) the assignment of duties and responsibilities among such personnel, and (3) the use and expenditure of funds available to such commission. -SOURCE- (Pub. L. 89-80, title II, Sec. 205, July 22, 1965, 79 Stat. 249; Pub. L. 94-112, Sec. 1(c), Oct. 16, 1975, 89 Stat. 575.) -MISC1- AMENDMENTS 1975 - Subsec. (a)(4). Pub. L. 94-112 substituted 'not in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5' for 'not to exceed $100 per diem'. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 46695 Document 360 of 401------ -CITE- 42 USC Sec. 1962c-4 -EXPCITE- TITLE 42 CHAPTER 19B SUBCHAPTER III -HEAD- Sec. 1962c-4. Payments to States; computation of amount -STATUTE- The method of computing and paying amounts pursuant to this subchapter shall be as follows: (1) The Council shall, prior to the beginning of each calendar quarter or other period prescribed by it, estimate the amount to be paid to each State under the provisions of this subchapter for such period, such estimate to be based on such records of the State and information furnished by it, and such other investigation, as the Council may find necessary. (2) The Council shall pay to the State, from the allotment available therefor, the amount so estimated by it for any period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which it finds that its estimate of the amount to be paid such State for any prior period under this subchapter was greater or less than the amount which should have been paid to such State for such prior period under this subchapter. Such payments shall be made through the disbursing facilities of the Treasury Department, at such times and in such installments as the Council may determine. -SOURCE- (Pub. L. 89-80, title III, Sec. 305, July 22, 1965, 79 Stat. 253.) ------DocID 46703 Document 361 of 401------ -CITE- 42 USC Sec. 1962d-4 -EXPCITE- TITLE 42 CHAPTER 19B SUBCHAPTER IV -HEAD- Sec. 1962d-4. Northeastern United States water supply -STATUTE- (a) Plans for Federal construction, operation, and maintenance of reservoir system within certain river basins and conveyance and purification facilities through cooperation of Secretary of the Army and government agencies; financial participation of States Congress hereby recognizes that assuring adequate supplies of water for the great metropolitan centers of the United States has become a problem of such magnitude that the welfare and prosperity of this country require the Federal Government to assist in the solution of water supply problems. Therefore, the Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with Federal, State, and local agencies in preparing plans in accordance with the Water Resources Planning Act (42 U.S.C. 1962 et seq.) to meet the long-range water needs of the northeastern United States. This plan may provide for the construction, operation, and maintenance by the United States of (1) a system of major reservoirs to be located within those river basins of the northeastern United States which drain into the Chesapeake Bay, those that drain into the Atlantic Ocean north of the Chesapeake Bay, those that drain into Lake Ontario, and those that drain into the Saint Lawrence River, (2) major conveyance facilities by which water may be exchanged between these river basins to the extent found desirable in the national interest, and (3) major purification facilities. Such plans shall provide for appropriate financial participation by the States, political subdivisions thereof, and other local interests. (b) Construction, operation, and maintenance of reservoirs and conveyance and purification facilities The Secretary of the Army, acting through the Chief of Engineers, shall construct, operate, and maintain those reservoirs, conveyance facilities, and purification facilities, which are recommended in the plan prepared in accordance with subsection (a) of this section, and which are specifically authorized by law enacted after October 27, 1965. (c) Reservoirs as components of river basin and water supply plans Each reservoir included in the plan authorized by this section shall be considered as a component of a comprehensive plan for the optimum development of the river basin in which it is situated, as well as a component of the plan established in accordance with this section. -SOURCE- (Pub. L. 89-298, title I, Sec. 101, Oct. 27, 1965, 79 Stat. 1073.) -REFTEXT- REFERENCES IN TEXT The Water Resources Planning Act, referred to in subsec. (a), is Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is classified generally to this chapter (Sec. 1962 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1962 of this title and Tables. -COD- CODIFICATION Section was not enacted as a part of the Water Resources Planning Act which comprises this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1962d-10 of this title. ------DocID 46758 Document 362 of 401------ -CITE- 42 USC Sec. 1973aa-4 -EXPCITE- TITLE 42 CHAPTER 20 SUBCHAPTER I-B -HEAD- Sec. 1973aa-4. Separability -STATUTE- If any provision of subchapters I-A to I-C of this chapter or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of subchapters I-A to I-C of this chapter or the application of such provision to other persons or circumstances shall not be affected by such determination. -SOURCE- (Pub. L. 89-110, title II, Sec. 206, formerly Sec. 205, as added Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 318, and renumbered Pub. L. 94-73, title III, Sec. 302, Aug. 6, 1975, 89 Stat. 403.) ------DocID 46764 Document 363 of 401------ -CITE- 42 USC Sec. 1973bb-2 to 1973bb-4 -EXPCITE- TITLE 42 CHAPTER 20 SUBCHAPTER I-C -HEAD- Sec. 1973bb-2 to 1973bb-4. Repealed. Pub. L. 94-73, title IV, Sec. 407, Aug. 6, 1975, 89 Stat. 405 -MISC1- Section 1973bb-2, Pub. L. 89-110, title III, Sec. 303, as added Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 318, authorized the Attorney General to institute actions to enforce this subchapter, and provided for jurisdiction of district courts, appeals, and penalties for denial of rights secured by this subchapter. See section 1973bb of this title. Section 1973bb-3, Pub. L. 89-110, title III, Sec. 304, as added Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 319, defined 'State'. See section 1973bb-1 of this title. Section 1973bb-4, Pub. L. 891-10, title III, Sec. 305, as added Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 319, provided for effective date of this subchapter. ------DocID 46779 Document 364 of 401------ -CITE- 42 USC Sec. 1973ee-4 -EXPCITE- TITLE 42 CHAPTER 20 SUBCHAPTER I-F -HEAD- Sec. 1973ee-4. Enforcement -STATUTE- (a) Action for declaratory or injunctive relief If a State or political subdivision does not comply with this subchapter, the United States Attorney General or a person who is personally aggrieved by the noncompliance may bring an action for declaratory or injunctive relief in the appropriate district court. (b) Prerequisite notice of noncompliance An action may be brought under this section only if the plaintiff notifies the chief election officer of the State of the noncompliance and a period of 45 days has elapsed since the date of notification. (c) Attorney fees Notwithstanding any other provision of law, no award of attorney fees may be made with respect to an action under this section, except in any action brought to enforce the original judgment of the court. -SOURCE- (Pub. L. 98-435, Sec. 6, Sept. 28, 1984, 98 Stat. 1679.) ------DocID 46787 Document 365 of 401------ -CITE- 42 USC Sec. 1973ff-4 -EXPCITE- TITLE 42 CHAPTER 20 SUBCHAPTER I-G -HEAD- Sec. 1973ff-4. Enforcement -STATUTE- The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this subchapter. -SOURCE- (Pub. L. 99-410, title I, Sec. 105, Aug. 28, 1986, 100 Stat. 927.) ------DocID 46840 Document 366 of 401------ -CITE- 42 USC Sec. 2000a-4 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER II -HEAD- Sec. 2000a-4. Community Relations Service; investigations and hearings; executive session; release of testimony; duty to bring about voluntary settlements -STATUTE- The Service is authorized to make a full investigation of any complaint referred to it by the court under section 2000a-3(d) of this title and may hold such hearings with respect thereto as may be necessary. The Service shall conduct any hearings with respect to any such complaint in executive session, and shall not release any testimony given therein except by agreement of all parties involved in the complaint with the permission of the court, and the Service shall endeavor to bring about a voluntary settlement between the parties. -SOURCE- (Pub. L. 88-352, title II, Sec. 205, July 2, 1964, 78 Stat. 244.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2000g-3 of this title. ------DocID 46853 Document 367 of 401------ -CITE- 42 USC Sec. 2000c-4 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER IV -HEAD- Sec. 2000c-4. Grants for inservice training in dealing with and for employment of specialists to advise in problems incident to desegregation; factors for consideration in making grants and fixing amounts, terms, and conditions -STATUTE- (a) The Secretary is authorized, upon application of a school board, to make grants to such board to pay, in whole or in part, the cost of - (1) giving to teachers and other school personnel inservice training in dealing with problems incident to desegregation, and (2) employing specialists to advise in problems incident to desegregation. (b) In determining whether to make a grant, and in fixing the amount thereof and the terms and conditions on which it will be made, the Secretary shall take into consideration the amount available for grants under this section and the other applications which are pending before him; the financial condition of the applicant and the other resources available to it; the nature, extent, and gravity of its problems incident to desegregation; and such other factors as he finds relevant. -SOURCE- (Pub. L. 88-352, title IV, Sec. 405, July 2, 1964, 78 Stat. 247; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692.) -TRANS- TRANSFER OF FUNCTIONS 'Secretary', meaning the Secretary of Education, substituted in text for 'Commissioner' pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education to Secretary of Education. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 20 section 1231e. ------DocID 46864 Document 368 of 401------ -CITE- 42 USC Sec. 2000d-4 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER V -HEAD- Sec. 2000d-4. Federal authority and financial assistance to programs or activities by way of contract of insurance or guaranty -STATUTE- Nothing in this subchapter shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty. -SOURCE- (Pub. L. 88-352, title VI, Sec. 605, July 2, 1964, 78 Stat. 253.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 410. ------DocID 46874 Document 369 of 401------ -CITE- 42 USC Sec. 2000e-4 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER VI -HEAD- Sec. 2000e-4. Equal Employment Opportunity Commission -STATUTE- (a) Creation; composition; political representation; appointment; term; vacancies; Chairman and Vice Chairman; duties of Chairman; appointment of personnel; compensation of personnel There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party. Members of the Commission shall be appointed by the President by and with the advice and consent of the Senate for a term of five years. Any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed, and all members of the Commission shall continue to serve until their successors are appointed and qualified, except that no such member of the Commission shall continue to serve (1) for more than sixty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and, except as provided in subsection (b) of this section, shall appoint, in accordance with the provisions of title 5 governing appointments in the competitive service, such officers, agents, attorneys, administrative law judges, and employees as he deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and General Schedule pay rates: Provided, That assignment, removal, and compensation of administrative law judges shall be in accordance with sections 3105, 3344, 5372, and 7521 of title 5. (b) General Counsel; appointment; term; duties; representation by attorneys and Attorney General (1) There shall be a General Counsel of the Commission appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel shall have responsibility for the conduct of litigation as provided in sections 2000e-5 and 2000e-6 of this title. The General Counsel shall have such other duties as the Commission may prescribe or as may be provided by law and shall concur with the Chairman of the Commission on the appointment and supervision of regional attorneys. The General Counsel of the Commission on the effective date of this Act shall continue in such position and perform the functions specified in this subsection until a successor is appointed and qualified. (2) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court, provided that the Attorney General shall conduct all litigation to which the Commission is a party in the Supreme Court pursuant to this subchapter. (c) Exercise of powers during vacancy; quorum A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum. (d) Seal; judicial notice The Commission shall have an official seal which shall be judicially noticed. (e) Reports to Congress and the President The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken and the moneys it has disbursed. It shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable. (f) Principal and other offices The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this subchapter. (g) Powers of Commission The Commission shall have power - (1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals; (2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States; (3) to furnish to persons subject to this subchapter such technical assistance as they may request to further their compliance with this subchapter or an order issued thereunder; (4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this subchapter, to assist in such effectuation by conciliation or such other remedial action as is provided by this subchapter; (5) to make such technical studies as are appropriate to effectuate the purposes and policies of this subchapter and to make the results of such studies available to the public; (6) to intervene in a civil action brought under section 2000e-5 of this title by an aggrieved party against a respondent other than a government, governmental agency or political subdivision. (h) Cooperation with other departments and agencies in performance of educational or promotional activities The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities. (i) Personnel subject to political activity restrictions All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 7324 of title 5, notwithstanding any exemption contained in such section. -SOURCE- (Pub. L. 88-352, title VII, Sec. 705, July 2, 1964, 78 Stat. 258; Pub. L. 92-261, Sec. 8(d)-(f), Mar. 24, 1972, 86 Stat. 109, 110; Pub. L. 93-608, Sec. 3(1), Jan. 2, 1975, 88 Stat. 1972; Pub. L. 95-251, Sec. 2(a)(11), Mar. 27, 1978, 92 Stat. 183.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (a), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5. The effective date of this Act, referred to in subsec. (b)(1), probably means the date of enactment of Pub. L. 92-261, which was approved Mar. 24, 1972. -COD- CODIFICATION In subsec. (a), reference to section '5372' of title 5 substituted for reference to section '5362' on authority of Pub. L. 95-454, Sec. 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221, which redesignated sections 5361 through 5365 of title 5 as sections 5371 through 5375. In subsec. (i), 'section 7324 of title 5' substituted for 'section 9 of the Act of August 2, 1939, as amended (the Hatch Act)' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Prior to the enactment of Title 5, section 9 of the Act of August 2, 1939, as amended, was classified to section 118i of Title 5. -MISC3- AMENDMENTS 1978 - Subsec. (a). Pub. L. 95-251 substituted 'administrative law judges' for 'hearing examiners' wherever appearing. 1975 - Subsec. (e). Pub. L. 93-608 struck out reporting requirement of names, salaries, and duties of all individuals in employ of Commission. 1972 - Subsec. (a). Pub. L. 92-261, Sec. 8(d), struck out provisions setting forth length of terms of original members of Commission and provisions authorizing Vice Chairman to act as Chairman in certain circumstances, inserted provisions relating to continuation in office of all members of Commission, and substituted provisions requiring appointment of officers, etc., in accordance with provisions of title 5, fixing compensation of such officers, etc., in accordance with provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and General Schedule pay rates, and requiring assignment, removal, and compensation of hearing examiners in accordance with specified sections, for provisions requiring appointment of officers, etc., in accordance with civil service laws, and fixing compensation of such officers, etc., in accordance with the Classification Act of 1949, as amended. Subsecs. (b) to (e). Pub. L. 92-261, Sec. 8(e), added subsec. (b), struck out subsec. (e) which amended sections 2204 and 2205 of former Title 5, Executive Departments and Government Officers and Employees, and redesignated existing subsecs. (b), (c), and (d) as (c), (d), and (e), respectively. Subsec. (g)(6). Pub. L. 92-261, Sec. 8(f), substituted provisions which authorized Commission to intervene in a civil action brought under section 2000e-5 of this title where respondent is other than a government, governmental agency, or political subdivision for provisions which authorized Commission to refer matters to Attorney General with recommendations to intervene or institute civil actions. Subsecs. (h) to (j). Pub. L. 92-261, Sec. 8(e)(2), (3), struck out subsec. (h) which provided for legal representation for Commission, and redesignated subsecs. (i) and (j) as (h) and (i), respectively. REORGANIZATION PLAN NO. 1 OF 1978 SUPERSEDED BY CIVIL SERVICE REFORM ACT OF 1978 Section 905 of Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224, provided in part that any provision in Reorganization Plan No. 1 of 1978 (set out below) inconsistent with any provision of that Act (see Tables for classification) was superseded thereby. REORGANIZATION PLAN NO. 1 OF 1978 43 F.R. 19807, 92 STAT. 3781 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 23, 1978, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. EQUAL EMPLOYMENT OPPORTUNITY SECTION 1. TRANSFER OF EQUAL PAY ENFORCEMENT FUNCTIONS All functions related to enforcing or administering Section 6(d) of the Fair Labor Standards Act, as amended, (29 U.S.C. 206(d)) are hereby transferred to the Equal Employment Opportunity Commission. Such functions include, but shall not be limited to, the functions relating to equal pay administration and enforcement now vested in the Secretary of Labor, the Administrator of the Wage and Hour Division of the Department of Labor, and the Civil Service Commission pursuant to Sections 4(d)(1); 4(f); 9; 11(a), (b), and (c); 16(b) and (c) and 17 of the Fair Labor Standards Act, as amended, (29 U.S.C. 204(d)(1); 204(f); 209; 211(a), (b), and (c); 216(b) and (c) and 217) and Section 10(b)(1) of the Portal-to-Portal Act of 1947, as amended, (29 U.S.C. 259). SEC. 2. TRANSFER OF AGE DISCRIMINATION ENFORCEMENT FUNCTIONS All functions vested in the Secretary of Labor or in the Civil Service Commission pursuant to Sections 2, 4, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of the Age Discrimination in Employment Act of 1967, as amended, (29 U.S.C. 621, 623, 626, 627, 628, 629, 630, 631, 632, 633, and 633a) are hereby transferred to the Equal Employment Opportunity Commission. All functions related to age discrimination administration and enforcement pursuant to Sections 6 and 16 of the Age Discrimination in Employment Act of 1967, as amended, (29 U.S.C. 625 and 634) are hereby transferred to the Equal Employment Opportunity Commission. SEC. 3. TRANSFER OF EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT ENFORCEMENT FUNCTIONS (a) All equal opportunity in Federal employment enforcement and related functions vested in the Civil Service Commission pursuant to Section 717(b) and (c) of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-16(b) and (c)), are hereby transferred to the Equal Employment Opportunity Commission. (b) The Equal Employment Opportunity Commission may delegate to the Civil Service Commission or its successor the function of making a preliminary determination on the issue of discrimination whenever, as a part of a complaint or appeal before the Civil Service Commission on other grounds, a Federal employee alleges a violation of Section 717 of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-16) provided that the Equal Employment Opportunity Commission retains the function of making the final determination concerning such issue of discrimination. SEC. 4. TRANSFER OF FEDERAL EMPLOYMENT OF HANDICAPPED INDIVIDUALS ENFORCEMENT FUNCTIONS All Federal employment of handicapped individuals enforcement functions and related functions vested in the Civil Service Commission pursuant to Section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) are hereby transferred to the Equal Employment Opportunity Commission. The function of being co-chairman of the Interagency Committee on Handicapped Employees now vested in the Chairman of the Civil Service Commission pursuant to Section 501 is hereby transferred to the Chairman of the Equal Employment Opportunity Commission. SEC. 5. TRANSFER OF PUBLIC SECTOR 707 FUNCTIONS Any function of the Equal Employment Opportunity Commission concerning initiation of litigation with respect to State or local government, or political subdivisions under Section 707 of Title VII of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-6) and all necessary functions related thereto, including investigation, findings, notice and an opportunity to resolve the matter without contested litigation, are hereby transferred to the Attorney General, to be exercised by him in accordance with procedures consistent with said Title VII. The Attorney General is authorized to delegate any function under Section 707 of said Title VII to any officer or employee of the Department of Justice. SEC. 6. TRANSFER OF FUNCTIONS AND ABOLITION OF THE EQUAL EMPLOYMENT OPPORTUNITY COORDINATING COUNCIL All functions of the Equal Employment Opportunity Coordinating Council, which was established pursuant to Section 715 of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e-14), are hereby transferred to the Equal Employment Opportunity Commission. The Equal Employment Opportunity Coordinating Council is hereby abolished. SEC. 7. SAVINGS PROVISION Administrative proceedings including administrative appeals from the acts of an executive agency (as defined by Section 105 of Title 5 of the United States Code) commenced or being conducted by or against such executive agency will not abate by reason of the taking effect of this Plan. Consistent with the provisions of this Plan, all such proceedings shall continue before the Equal Employment Opportunity Commission otherwise unaffected by the transfers provided by this Plan. Consistent with the provisions of this Plan, the Equal Employment Opportunity Commission shall accept appeals from those executive agency actions which occurred prior to the effective date of this Plan in accordance with law and regulations in effect on such effective date. Nothing herein shall affect any right of any person to judicial review under applicable law. SEC. 8. 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 department, 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 the Council abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan. SEC. 9. EFFECTIVE DATE This Reorganization Plan shall become effective at such time or times, on or before October 1, 1979, as the President shall specify, but not sooner than the earliest time allowable under Section 906 of Title 5 of the United States Code. (Pursuant to Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053, the transfer to the Equal Employment Opportunity Commission of certain functions of the Civil Service Commission relating to enforcement of equal employment opportunity programs as provided by sections 1 to 4 of this Reorg. Plan is effective Jan. 1, 1979.) (Pursuant to Ex. Ord. No. 12144, June 22, 1979, 44 F.R. 37193, sections 1 and 2 of this Reorg. Plan are effective July 1, 1979, except for transfer of functions already effective Jan. 1, 1979, under Ex. Ord. No. 12106 above.) (Pursuant to Ex. Ord. No. 12068, June 30, 1978, 43 F.R. 28971, section 5 of this Reorg. Plan is effective July 1, 1978.) (Pursuant to Ex. Ord. No. 12067, June 30, 1978, 43 F.R. 28967, section 6 of this Reorg. Plan is effective July 1, 1978.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I am submitting to you today Reorganization Plan No. 1 of 1978. This Plan makes the Equal Employment Opportunity Commission the principal Federal agency in fair employment enforcement. Together with actions I shall take by Executive Order, it consolidates Federal equal employment opportunity activities and lays, for the first time, the foundation of a unified, coherent Federal structure to combat job discrimination in all its forms. In 1940 President Roosevelt issued the first Executive Order forbidding discrimination in employment by the Federal government. Since that time the Congress, the courts and the Executive Branch - spurred by the courage and sacrifice of many people and organizations - have taken historic steps to extend equal employment opportunity protection throughout the private as well as public sector. But each new prohibition against discrimination unfortunately has brought with it a further dispersal of Federal equal employment opportunity responsibility. This fragmentation of authority among a number of Federal agencies has meant confusion and ineffective enforcement for employees, regulatory duplication and needless expense for employers. Fair employment is too vital for haphazard enforcement. My Administration will aggressively enforce our civil rights laws. Although discrimination in any area has severe consequences, limiting economic opportunity affects access to education, housing and health care. I, therefore, ask you to join with me to reorganize administration of the civil rights laws and to begin that effort by reorganizing the enforcement of those laws which ensure an equal opportunity to a job. Eighteen government units now exercise important responsibilities under statutes, Executive Orders and regulations relating to equal employment opportunity: The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, (section 2000e et seq. of this title) which bans employment discrimination based on race, national origin, sex or religion. The EEOC acts on individual complaints and also initiates private sector cases involving a 'pattern or practice' of discrimination. The Department of Labor and 11 other agencies enforce Executive Order 11246 (set out as a note under section 2000e of this title). This prohibits discrimination in employment on the basis of race, national origin, sex, or religion and requires affirmative action by government contractors. While the Department now coordinates enforcement of this 'contract compliance' program, it is actually administered by eleven other departments and agencies. The Department also administers those statutes requiring contractors to take affirmative action to employ handicapped people, disabled veterans and Vietnam veterans. In addition, the Labor Department enforces the Equal Pay Act of 1963 (section 206(d) of Title 29, Labor), which prohibits employers from paying unequal wages based on sex, and the Age Discrimination in Employment Act of 1967 (section 621 et seq. of Title 29), which forbids age discrimination against persons between the ages of 40 and 65. The Department of Justice litigates Title VII cases involving public sector employers - State and local governments. The Department also represents the Federal government in lawsuits against Federal contractors and grant recipients who are in violation of Federal nondiscrimination prohibitions. The Civil Service Commission (CSC) enforces Title VII and all other nondiscrimination and affirmative action requirements for Federal employment. The CSC rules on complaints filed by individuals and monitors affirmative action plans submitted annually by other Federal agencies. The Equal Employment Opportunity Coordinating Council includes representatives from EEOC, Labor, Justice, CSC and the Civil Rights Commission. It is charged with coordinating the Federal equal employment opportunity enforcement effort and with eliminating overlap and inconsistent standards. In addition to these major government units, other agencies enforce various equal employment opportunity requirements which apply to specific grant programs. The Department of Treasury, for example, administers the anti-discrimination prohibitions applicable to recipients of revenue sharing funds. These programs have had only limited success. Some of the past deficiencies include: - inconsistent standards of compliance; - duplicative, inconsistent paperwork requirements and investigative efforts; - conflicts within agencies between their program responsibilities and their responsibility to enforce the civil rights laws; - confusion on the part of workers about how and where to seek redress; - lack of accountability. I am proposing today a series of steps to bring coherence to the equal employment enforcement effort. These steps, to be accomplished by the Reorganization Plan and Executive Orders, constitute an important step toward consolidation of equal employment opportunity enforcement. They will be implemented over the next two years, so that the agencies involved may continue their internal reform. Its experience and broad scope make the EEOC suitable for the role of principal Federal agency in fair employment enforcement. Located in the Executive Branch and responsible to the President, the EEOC has developed considerable expertise in the field of employment discrimination since Congress created it by the Civil Rights Act of 1964 (section 2000e-4 of this title). The Commission has played a pioneer role in defining both employment discrimination and its appropriate remedies. While it has had management problems in past administrations, the EEOC's new leadership is making substantial progress in correcting them. In the last seven months the Commission has redesigned its internal structures and adopted proven management techniques. Early experience with these procedures indicates a high degree of success in reducing and expediting new cases. At my direction, the Office of Management and Budget is actively assisting the EEOC to ensure that these reforms continue. The Reorganization Plan I am submitting will accomplish the following: On July 1, 1978, abolish the Equal Employment Opportunity Coordinating Council (42 U.S.C. 2000e-14) and transfer its duties to the EEOC (no positions or funds shifted). On October 1, 1978, shift enforcement of equal employment opportunity for Federal employees from the CSC to the EEOC (100 positions and $6.5 million shifted). On July 1, 1979, shift responsibility for enforcing both the Equal Pay Act and the Age Discrimination in Employment Act from the Labor Department to the EEOC (198 positions and $5.3 million shifted for Equal Pay; 119 positions and $3.5 million for Age Discrimination). Clarify the Attorney General's authority to initiate 'pattern or practice' suits under Title VII in the public sector. In addition, I will issue an Executive Order on October 1, 1978, to consolidate the contract compliance program - now the responsibility of Labor and eleven 'compliance agencies' - into the Labor Department (1,517 positions and $33.1 million shifted). These proposed transfers and consolidations reduce from fifteen to three the number of Federal agencies having important equal employment opportunity responsibilities under Title VII of the Civil Rights Act of 1964 and Federal contract compliance provisions. Each element of my Plan is important to the success of the entire proposal. By abolishing the Equal Employment Opportunity Coordinating Council and transferring its responsibilities to the EEOC, this plan places the Commission at the center of equal employment opportunity enforcement. With these new responsibilities, the EEOC can give coherence and direction to the government's efforts by developing strong uniform enforcement standards to apply throughout the government: standardized data collection procedures, joint training programs, programs to ensure the sharing of enforcement related data among agencies, and methods and priorities for complaint and compliance reviews. Such direction has been absent in the Equal Employment Opportunity Coordinating Council. It should be stressed, however, that affected agencies will be consulted before EEOC takes any action. When the Plan has been approved, I intend to issue an Executive Order which will provide for consultation, as well as a procedure for reviewing major disputed issues within the Executive Office of the President. The Attorney General's responsibility to advise the Executive Branch on legal issues will also be preserved. Transfer of the Civil Service Commission's equal employment opportunity responsibilities to EEOC is needed to ensure that: (1) Federal employees have the same rights and remedies as those in the private sector and in State and local government; (2) Federal agencies meet the same standards as are required of other employers; and (3) potential conflicts between an agency's equal employment opportunity and personnel management functions are minimized. The Federal government must not fall below the standard of performance it expects of private employers. The Civil Service Commission has in the past been lethargic in enforcing fair employment requirements within the Federal government. While the Chairman and other Commissioners I have appointed have already demonstrated their personal commitment to expanding equal employment opportunity, responsibility for ensuring fair employment for Federal employees should rest ultimately with the EEOC. We must ensure that the transfer in no way undermines the important objectives of the comprehensive civil service reorganization which will be submitted to Congress in the near future. When the two plans take effect; I will direct the EEOC and the CSC to coordinate their procedures to prevent any duplication and overlap. The Equal Pay Act now administered by the Labor Department, prohibits employers from paying unequal wages based on sex. Title VII of the Civil Rights Act, which is enforced by EEOC, contains a broader ban on sex discrimination. The transfer of Equal Pay responsibility from the Labor Department to the EEOC will minimize overlap and centralize enforcement of statutory prohibitions against sex discrimination in employment. The transfer will strengthen efforts to combat sex discrimination. Such efforts would be enhanced still further by passage of the legislation pending before you, which I support, that would prohibit employers from excluding women disabled by pregnancy from participating in disability programs. There is now virtually complete overlap in the employers, labor organizations, and employment agencies covered by Title VII and by the Age Discrimination in Employment Act. This overlap is burdensome to employers and confusing to victims of discrimination. The proposed transfer of the age discrimination program from the Labor Department to the EEOC will eliminate the duplication. The Plan I am proposing will not affect the Attorney General's responsibility to enforce Title VII against State or local governments or to represent the Federal government in suits against Federal contractors and grant recipients. In 1972, the Congress determined that the Attorney General should be involved in suits against State and local governments. This proposal reinforces that judgment and clarifies the Attorney General's authority to initiate litigation against State or local governments engaged in a 'pattern or practice' of discrimination. This in no way diminishes the EEOC's existing authority to investigate complaints filed against State or local governments and, where appropriate, to refer them to the Attorney General. The Justice Department and the EEOC will cooperate so that the Department sues on valid referrals, as well as on its own 'pattern or practice' cases. A critical element of my proposals will be accomplished by Executive Order rather than by the Reorganization Plan. This involves consolidation in the Labor Department of the responsibility to ensure that Federal contractors comply with Executive Order 11246. Consolidation will achieve the following: promote consistent standards, procedures, and reporting requirements; remove contractors from the jurisdiction of multiple agencies; prevent an agency's equal employment objectives from being outweighed by its procurement and construction objectives; and produce more effective law enforcement through unification of planning, training and sanctions. By 1981, after I have had an opportunity to review the manner in which both the EEOC and the Labor Department are exercising their new responsibilities, I will determine whether further action is appropriate. Finally, the responsibility for enforcing grant-related equal employment provisions will remain with the agencies administering the grant programs. With the EEOC acting as coordinator of Federal equal employment programs, we will be able to bring overlap and duplication to a minimum. We will be able, for example, to see that a university's employment practices are not subject to duplicative investigations under both Title IX of the Education Amendments of 1972 (section 1681 et seq. of Title 20, Education) and the contract compliance program. Because of the similarities between the Executive Order program and those statutes requiring Federal contractors to take affirmative action to employ handicapped individuals and disabled and Vietnam veterans, I have determined that enforcement of these statues should remain in the Labor Department. Each of the changes set forth in the Reorganization Plan accompanying this message is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. I have taken care to determine that all functions abolished by the Plan are done only under the statutory authority provided by Section 903(b) of Title 5 of the United States Code. I do not anticipate that the reorganizations contained in this Plan will result in any significant change in expenditures. They will result in a more efficient and manageable enforcement program. The Plan I am submitting is moderate and measured. It gives the Equal Employment Opportunity Commission - an agency dedicated solely to this purpose - the primary Federal responsibility in the area of job discrimination, but it is designed to give this agency sufficient time to absorb its new responsibilities. This reorganization will produce consistent agency standards, as well as increased accountability. Combined with the intense commitment of those charged with these responsibilites, it will become possible for us to accelerate this nation's progress in ensuring equal job opportunities for all our people. Jimmy Carter. The White House, February 23, 1978. -EXEC- EX. ORD. NO. 12106. TRANSFER OF CERTAIN EQUAL EMPLOYMENT ENFORCEMENT FUNCTIONS Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053, provided: By the authority vested in me as President of the United States of America by Section 9 of Reorganization Plan No. 1 of 1978 (43 FR 19807) (set out above), in order to effectuate the transfer of certain functions relating to the enforcement of equal employment programs, and in order to make certain technical amendments in other Orders to reflect this transfer of functions, it is hereby ordered as follows: 1-101. The transfer to the Equal Employment Opportunity Commission of certain functions of the Civil Service Commission, relating to enforcement of equal employment opportunity programs as provided by Sections 1, 2, 3 and 4 of Reorganization Plan No. 1 of 1978 (43 FR 19807) shall be effective on January 1, 1979. 1-102. Executive Order No. 11478, as amended (set out as a note under section 2000e of this title), is further amended by deleting the preamble, by substituting 'national origin, handicap, or age' for 'or national origin' in the first sentence of Section 1, and revising Sections 3, 4, and 5 to read as follows: 'Sec. 3. The Equal Employment Opportunity Commission shall be responsible for directing and furthering the implementation of the policy of the Government of the United States to provide equal opportunity in Federal employment for all employees or applicants for employment (except with regard to aliens employed outside the limits of the United States) and to prohibit discrimination in employment because of race, color, religion, sex, national origin, handicap, or age. 'Sec. 4. The Equal Employment Opportunity Commission, after consultation with all affected departments and agencies, shall issue such rules, regulations, orders, and instructions and request such information from the affected departments and agencies as it deems necessary and appropriate to carry out this Order. 'Sec. 5. All departments and agencies shall cooperate with and assist the Equal Employment Opportunity Commission in the performance of its functions under this Order and shall furnish the Commission such reports and information as it may request. The head of each department or agency shall comply with rules, regulations, orders and instructions issued by the Equal Employment Opportunity Commission pursuant to Section 4 of this Order.' 1-103. Executive Order No. 11022, as amended (set out as a note under section 3001 of this title), is further amended by revising Section 1(b) to read as follows: '(b) The Council shall be composed of the Secretary of Health, Education, and Welfare (now Health and Human Services), who shall be Chairman, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Administrator of Veterans Affairs, the Director of the Office of Personnel Management, the Director of the Community Services Administration, and the Chairman of the Equal Employment Opportunity Commission.' 1-104. Executive Order No. 11480 of September 9, 1969 (set out as a note under section 791 of Title 29, Labor), is amended by deleting 'and the Chairman of the United States Civil Service Commission' in Section 4 and substituting therefor 'Director of the Office of Personnel Management, and the Chairman of the Equal Employment Opportunity Commission'. 1-105. Executive Order No. 11830 of January 9, 1975 (set out as a note under section 791 of Title 29, Labor), is amended by deleting Section 2 and revising Section 1 to read as follows: 'In accord with Section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and Section 4 of Reorganization Plan No. 1 of 1978 (43 FR 19808) the Interagency Committee on Handicapped Employees is enlarged and composed of the following, or their designees whose positions are Executive level IV or higher: '(1) Secretary of Defense. '(2) Secretary of Labor. '(3) Secretary of Health, Education, and Welfare (now Health and Human Services), Co-Chairman. '(4) Director of the Office of Personnel Management. '(5) Administrator of Veterans Affairs. '(6) Administrator of General Services. '(7) Chairman of the Federal Communications Commission. '(8) Chairman of the Equal Employment Opportunity Commission, Co-Chairman. '(9) Such other members as the President may designate.' 1-106. This Order shall be effective on January 1, 1979. Jimmy Carter. EX. ORD. NO. 12144. TRANSFER OF CERTAIN EQUAL PAY AND AGE DISCRIMINATION IN EMPLOYMENT ENFORCEMENT FUNCTIONS Ex. Ord. No. 12144, June 22, 1979, 44 F.R. 37193, provided: By the authority vested in me as President of the United States of America by the Constitution and laws of the United States, including Section 9 of Reorganization Plan No. 1 of 1978 (43 FR 19807) (set out as a note above), in order to effectuate the transfer of certain functions relating to the enforcement of equal pay and age discrimination in employment programs from the Department of Labor to the Equal Employment Opportunity Commission, it is hereby ordered as follows: 1-101. Sections 1 and 2 of Reorganization Plan No. 1 of 1978 (43 FR 19807) (set out as a note above) shall become effective on July 1, 1979, with the exception of the transfer of functions from the Civil Service Commission, already effective January 1, 1979 (Executive Order No. 12106 (set out as a note above)). 1-102. The records, property, personnel and positions, and unexpended balances of appropriations or funds, available or to be made available, which relate to the functions transferred as provided in this Order are hereby transferred from the Department of Labor to the Equal Employment Opportunity Commission. 1-103. The Director of the Office of Management and Budget shall make such determinations, issue such Orders, and take all actions necessary or appropriate to effectuate the transfers provided in this Order, including the transfer of funds, records, property, and personnel. 1-104. This Order shall be effective July 1, 1979. Jimmy Carter. -CROSS- CROSS REFERENCES Per diem and mileage of witnesses, see section 1821 et seq. of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12111, 12117 of this title. ------DocID 46900 Document 370 of 401------ -CITE- 42 USC Sec. 2000h-4 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER IX -HEAD- Sec. 2000h-4. Construction of provisions not to exclude operation of State laws and not to invalidate consistent State laws -STATUTE- Nothing contained in any title of this Act shall be construed as indicating an intent on the part of Congress to occupy the field in which any such title operates to the exclusion of State laws on the same subject matter, nor shall any provision of this Act be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this Act, or any provision thereof. -SOURCE- (Pub. L. 88-352, title XI, Sec. 1104, July 2, 1964, 78 Stat. 268.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended, known as the Civil Rights Act of 1964, which is classified principally to subchapters II to IX of this chapter (Sec. 2000a et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. ------DocID 47914 Document 371 of 401------ -CITE- 42 USC Sec. 3796aa-4 -EXPCITE- TITLE 42 CHAPTER 46 SUBCHAPTER XII-B -HEAD- Sec. 3796aa-4. Allocation and distribution of funds under formula grants -STATUTE- (a) States The total amount appropriated for this subchapter in any fiscal year shall be set aside for section 3796aa-1 of this title and allocated to States as follows: (1) $50,000 shall be allocated to each of the participating States. (2) Of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each participating State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States. (b) Local governments (1) Each State which receives funds under subsection (a) of this section in a fiscal year shall distribute among units of local government, in such State for the purpose specified in section 3796aa-1 of this title that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government in the preceding fiscal year for prosecution of child abuse offenses bears to the aggregate amount of funds expended by the State and all units of local government in such State in such preceding fiscal year for prosecution of child abuse offenses. (2) Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by the State involved. (3) For purposes of determining the distribution of funds under paragraph (1), the most accurate and complete data available for the fiscal year involved shall be used. If data for such fiscal year are not available, then the most accurate and complete data available for the most recent fiscal year preceding such fiscal year shall be used. (c) Limitation upon use of funds No funds allocated to a State under subsection (a) of this section or received by a State for distribution under subsection (b) of this section may be distributed by the Director or by the State involved for any use other than a use specified in an approved application. (d) Waiver If the Director determines, on the basis (FOOTNOTE 1) information available to the Director during any fiscal year, that a portion of the funds allocated to a State for that fiscal year will not be required or that a State will be unable to qualify or receive funds under section 3796aa-1 of this title, or that a State chooses not to participate in the program established under such section, then such portion shall be awarded by the Director to units of local government or combinations thereof within such State giving priority to those jurisdictions with greatest need. (FOOTNOTE 1) So in original. Probably should be followed by 'of'. -SOURCE- (Pub. L. 90-351, title I, Sec. 1405, as added Pub. L. 101-647, title II, Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4811.) ------DocID 49358 Document 372 of 401------ -CITE- 42 USC subpart 4 -EXPCITE- TITLE 42 CHAPTER 85 SUBCHAPTER I Part D subpart 4 -HEAD- subpart 4 - additional provisions for particulate matter nonattainment areas -SECREF- SUBPART REFERRED TO IN OTHER SECTIONS This subpart is referred to in section 7626 of this title. ------DocID 50979 Document 373 of 401------ -CITE- 43 USC Sec. 4, 5 -EXPCITE- TITLE 43 CHAPTER 1 -HEAD- Sec. 4, 5. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 641 -MISC1- Section 4, act May 22, 1908, ch. 186, 35 Stat. 225, which provided for a temporary assistant commissioner of the General Land Office, was superseded by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title. Section 5, R.S. Sec. 447, provided for a recorder of the former General Land Office. ------DocID 51038 Document 374 of 401------ -CITE- 43 USC CHAPTER 4 -EXPCITE- TITLE 43 CHAPTER 4 -HEAD- CHAPTER 4 - DISTRICT LAND OFFICES -MISC1- Sec. 70 to 74. Repealed or Omitted. 75. Administration of oaths. 75a to 79b. Repealed. 79c. Payment of fees, commissions, etc.; deposit in Treasury. 79d. Alaska land claimant liable for fees, commissions or purchase money; deposit in Treasury. 80 to 82. Repealed. 83. Transcripts of records as evidence. 84, 85. Repealed or Omitted. 86. Accounting for fees for notices of cancellation of entries. 87, 88. Repealed. 89. Monthly returns of district land offices. 90. Omitted. 91. Deposit in Treasury of unearned fees and unofficial moneys. 92. Lists furnished with deposits. 93. Deposit of moneys deposited by unknown parties. 94. Reimbursement of sums disbursed as special disbursing agents. 95 to 98a. Repealed. 99. Repayment of moneys deposited and covered into Treasury. 100. Disqualification. 101. Report of disqualification; designation of officer to act. 102. Attendance of witnesses. 103. Witnesses' fees. 104. Disobedience to subpoena. 105. Depositions of witnesses residing outside county. 106. Continuing taking of depositions in behalf of opposite party. 107. Penalty for false information. ------DocID 51131 Document 375 of 401------ -CITE- 43 USC Sec. 270-4 -EXPCITE- TITLE 43 CHAPTER 7 SUBCHAPTER VIII -HEAD- Sec. 270-4. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787 -MISC1- Section, acts May 14, 1898, ch. 299, Sec. 10, 30 Stat. 413; Oct. 28, 1921, ch. 114 Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to affidavits, and filing, publishing, and posting proof of claims. EFFECTIVE DATE OF REPEAL Section 702 of Pub. L. 94-579 provided that the repeal made by that section is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of this title. ------DocID 51165 Document 376 of 401------ -CITE- 43 USC Sec. 315m-4 -EXPCITE- TITLE 43 CHAPTER 8A SUBCHAPTER I -HEAD- Sec. 315m-4. Disposition of receipts; availability for leasing of land -STATUTE- All moneys received by the Secretary of the Interior in the administration of leased lands as provided in section 315m-2 of this title shall be deposited in the Treasury of the United States as miscellaneous receipts, but are made available, when appropriated by the Congress, for the leasing of lands under sections 315m-1 to 315m-4 of this title and shall not be distributed as provided under sections 315i and 315j of this title. -SOURCE- (June 23, 1938, ch. 603, Sec. 4, 52 Stat. 1033.) -COD- CODIFICATION Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 315m-1, 315m-2, 315m-3 of this title. ------DocID 51274 Document 377 of 401------ -CITE- 43 USC Sec. 390g-4 -EXPCITE- TITLE 43 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 390g-4. Authorization of appropriations to carry out phase I -STATUTE- There is authorized to be appropriated $500,000 for fiscal years beginning after September 30, 1983, to carry out phase I. Amounts shall be made available pursuant to the authorization contained in this section in a single sum for all demonstration project sites, and it shall be within the discretion of the Secretary to apportion such sum among such sites. -SOURCE- (Pub. L. 98-434, Sec. 6, Sept. 28, 1984, 98 Stat. 1677.) ------DocID 51457 Document 378 of 401------ -CITE- 43 USC Sec. 485h-4 -EXPCITE- TITLE 43 CHAPTER 12 SUBCHAPTER X -HEAD- Sec. 485h-4. Application of State laws -STATUTE- Nothing in sections 485h-1 to 485h-5 of this title shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary in carrying out the provisions of such sections, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof: Provided, That the right to the use of water acquired under the provisions of such sections shall be appurtenant to the land irrigated and beneficial use shall be the basis, the measure, and the limit of the right. -SOURCE- (July 2, 1956, ch. 492, Sec. 4, 70 Stat. 484.) -COD- CODIFICATION Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 485h-2, 485h-3, 485h-5 of this title. ------DocID 51548 Document 379 of 401------ -CITE- 43 USC Sec. 600f to 600f-4 -EXPCITE- TITLE 43 CHAPTER 12 SUBCHAPTER XVIII -HEAD- Sec. 600f to 600f-4. Omitted -COD- CODIFICATION Section 600f, Pub. L. 93-493, title II, Sec. 201, Oct. 27, 1974, 88 Stat. 1491, related to authorization for construction, operation, and maintenance of Cibolo project. Section 600f-1, Pub. L. 93-493, title II, Sec. 202, Oct. 27, 1974, 88 Stat. 1491, related to basis of interest rate on unpaid balance of reimbursable costs of Cibolo project. Section 600f-2, Pub. L. 93-493, title II, Sec. 203, Oct. 27, 1974, 88 Stat. 1491, related to water delivery and reimbursable construction cost repayment contracts. Section 600f-3, Pub. L. 93-493, title II, Sec. 204, Oct. 27, 1974, 88 Stat. 1492, related to conservation and development of fish and wildlife resources and enhancement of recreation. Section 600f-4, Pub. L. 93-493, title II, Sec. 205, Oct. 27, 1974, 88 Stat. 1492, related to authorization of appropriations to defray construction costs of Cibolo project. ------DocID 51550 Document 380 of 401------ -CITE- 43 USC Sec. 600g to 600g-4 -EXPCITE- TITLE 43 CHAPTER 12 SUBCHAPTER XIX -HEAD- Sec. 600g to 600g-4. Omitted -COD- CODIFICATION Section 600g, Pub. L. 93-493, title X, Sec. 1001, Oct. 27, 1974, 88 Stat. 1496, related to authorization for construction, operation, and maintenance of Nueces River project. Section 600g-1, Pub. L. 93-493, title X, Sec. 1002, Oct. 27, 1974, 88 Stat. 1496, related to repayment costs of Nueces River project. Section 600g-2, Pub. L. 93-493, title X, Sec. 1003, Oct. 27, 1974, 88 Stat. 1496, related to water delivery and reimbursable construction cost repayment contracts. Section 600g-3, Pub. L. 93-493, title X, Sec. 1004, Oct. 27, 1974, 88 Stat. 1497, related to conservation and development of fish and wildlife resources and enhancement of recreation opportunities. Section 600g-4, Pub. L. 93-493, title X, Sec. 1005, Oct. 27, 1974, 88 Stat. 1497, related to authorization of appropriations for Nueces River project. ------DocID 51733 Document 381 of 401------ -CITE- 43 USC Sec. 687a-4 -EXPCITE- TITLE 43 CHAPTER 16 -HEAD- Sec. 687a-4. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792 -MISC1- Section, act May 14, 1898, ch. 299, Sec. 10, 30 Stat. 413, authorized reservation of landing places along water front for natives of Alaska. Section was formerly classified to section 464 of Title 48, Territories and Insular Possessions. Section was additionally repealed by Pub. L. 94-579, title VII, Sec. 703(a), Oct. 21, 1976, 90 Stat. 2789, effective on and after the tenth anniversary of the date of approval of this Act, Oct. 21, 1976. EFFECTIVE DATE OF REPEAL Section 704(a) of Pub. L. 94-579 provided that the repeal made by that section is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of this title. ------DocID 51734 Document 382 of 401------ -CITE- 43 USC Sec. 687a-5 to 687b-4 -EXPCITE- TITLE 43 CHAPTER 16 -HEAD- Sec. 687a-5 to 687b-4. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct. 21, 1976, 90 Stat. 2789 -MISC1- Section 687a-5, act May 14, 1898, ch. 299, Sec. 10, 30 Stat. 413, excepted certain islands. Section 687a-6, acts Mar. 3, 1891, ch. 561, Sec. 13, 26 Stat. 1100; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to surveys and deposits for covered lands. Section 687b, act Aug. 30, 1949, ch. 521, Sec. 1, 63 Stat. 679, related to Alaskan lands subject to sale for industrial, commercial, and housing construction purposes. Section 687b-1, act Aug. 30, 1949, ch. 521, Sec. 2, 63 Stat. 679, related to minimum selling price. Section 687b-2, acts Aug. 30, 1949, ch. 521, Sec. 3, 63 Stat. 679; Oct. 21, 1976, Pub. L. 94-579, title VII, Sec. 703(d), 90 Stat. 2791, related to liability for damages caused by mining and preservation of existing rights. Section 687b-3, act Aug. 30, 1949, ch. 521, Sec. 4, 63 Stat. 679, related to inapplicability of certain provisions. Section 687b-4, act Aug. 30, 1949, ch. 521, Sec. 5, 63 Stat. 679, related to promulgation of rules and regulations. EFFECTIVE DATE OF REPEAL Section 703(a) of Pub. L. 94-579 provided that the repeal made by that section is effective on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94-579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of this title. ------DocID 51807 Document 383 of 401------ -CITE- 43 USC Sec. 869-4 -EXPCITE- TITLE 43 CHAPTER 20 -HEAD- Sec. 869-4. Disposition of moneys received from or on account of revested Oregon and California Railroad grant lands or reconveyed Coos Bay Wagon Road grant lands -STATUTE- All moneys received from or on account of any revested Oregon and California Railroad grant lands or reconveyed Coos Bay Wagon Road grant lands under sections 869 to 869-4 of this title shall be deposited respectively in the Oregon and California land-grant fund and the Coos Bay Wagon Road grant fund, and shall be applied in the manner prescribed respectively by section 1181f of this title, and by the Act of May 24, 1939 (53 Stat. 753). -SOURCE- (June 14, 1926, ch. 578, Sec. 6, as added June 23, 1959, Pub. L. 86-66, Sec. 3, 73 Stat. 111.) -REFTEXT- REFERENCES IN TEXT Act of May 24, 1939, referred to in text, is act May 24, 1939, ch. 144, 53 Stat. 753, which is not classified to the Code. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 869, 869-2, 869-3, 1721 of this title. ------DocID 51871 Document 384 of 401------ -CITE- 43 USC Sec. 942-4 -EXPCITE- TITLE 43 CHAPTER 22 -HEAD- Sec. 942-4. Filing preliminary survey, map and profile of road -STATUTE- Any company mentioned in sections 687a, 687a-2 to 687a-5, (FOOTNOTE 1) and 942-1 to 942-9 of this title and sections 607a and 615a of title 16, by filing with the Secretary of the Interior a preliminary actual survey and plat of its proposed route, shall have the right at any time within one year thereafter to file the map and profile of definite location and such preliminary survey and plat shall during the said period of one year from the time of filing the same have the effect to render all the lands on which said preliminary survey and plat shall pass subject to the right of way mentioned in section 942-3 of this title. (FOOTNOTE 1) See References in Text note below. -SOURCE- (May 14, 1898, ch. 299, Sec. 4, 30 Stat. 410.) -STATAMEND- REPEAL OF SECTION Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. -REFTEXT- REFERENCES IN TEXT Sections 687a and 687a-2 to 687a-5 of this title, referred to in text, were repealed by Pub. L. 94-579, title VII, Sec. 703(a), 704(a), Oct. 21, 1976, 90 Stat. 2789, 2792. -COD- CODIFICATION Section is comprised of the proviso of section 4 of act May 14, 1898. The remainder of section 4 of act May 14, 1898, is classified to section 942-3 of this title. Section was formerly classified to section 414 of Title 48, Territories and Insular Possessions. -MISC3- SAVINGS PROVISION Repeal by Pub. L. 94-579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of this title. EXTENSION OF TIME TO COMPLETE RAILROAD The time of the Western Alaska Construction Company to comply with the provisions of this section and section 942-6 of this title, in acquiring and completing its railroad, was extended by act Apr. 9, 1904, ch. 1165, 33 Stat. 165. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 942-1, 942-3, 942-5, 942-6, 942-7, 942-8 of this title; title 16 section 3215. ------DocID 51987 Document 385 of 401------ -CITE- 43 USC Sec. 1181f-4 -EXPCITE- TITLE 43 CHAPTER 28 SUBCHAPTER V -HEAD- Sec. 1181f-4. Amount available for administration of Coos Bay Wagon Road grant lands under sections 1181a to 1181f of this title; covering of unused receipts into general fund of Treasury -STATUTE- Not to exceed 25 per centum of the annual receipts shall be available, in such amounts as the Congress shall from time to time appropriate for the administration of sections 1181a to 1181f of this title, insofar as such sections apply to the Coos Bay Wagon Road grant lands. Any balance not used for administrative purposes shall be covered into the general fund of the Treasury of the United States. -SOURCE- (May 24, 1939, ch. 144, Sec. 4, 53 Stat. 754.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1181f-1, 1181f-2 of this title; title 31 section 6902. ------DocID 52679 Document 386 of 401------ -CITE- 45 USC Sec. 4 -EXPCITE- TITLE 45 CHAPTER 1 -HEAD- Sec. 4. Grab irons or handholds for security in coupling and uncoupling cars -STATUTE- Until otherwise ordered by the Secretary of Transportation, it shall be unlawful for any railroad company to use any car that is not provided with secure grab irons or handholds in the ends and sides of each car for greater security to men in coupling and uncoupling cars. -SOURCE- (Mar. 2, 1893, ch. 196, Sec. 4, 27 Stat. 531; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(A), 80 Stat. 939; June 22, 1988, Pub. L. 100-342, Sec. 13(1)(D), 102 Stat. 630.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-342 struck out 'in interstate commerce' after 'any car'. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Transportation' substituted in text for 'Interstate Commerce Commission' pursuant to Pub. L. 89-670, which created Department of Transportation and transferred powers, duties, and functions of Interstate Commerce Commission and of Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and protection of employees and travelers to Secretary of Transportation. See section 1655(e)(1)(A) of Title 49, Appendix, Transportation. -CROSS- CROSS REFERENCES Assumption of risk by employees, see section 7 of this title. Railroads in Territories and District of Columbia, section as applicable to, see section 8 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3, 6, 7, 8, 9, 10, 12, 13, 14, 16, 37, 1013 of this title; title 42 section 4916; title 49 App. section 1655. ------DocID 52735 Document 387 of 401------ -CITE- 45 USC CHAPTER 4 -EXPCITE- TITLE 45 CHAPTER 4 -HEAD- CHAPTER 4 - CARE OF ANIMALS IN TRANSIT -MISC1- Sec. 71. Transportation of animals; time of confinement; unloading for rest and feeding; unloading sheep. 72. Animals unloaded to be fed and watered by or at expense of owner; lien. 73. Penalty for failure to comply with law; when provisions for unloading not to apply. 74. Penalty recoverable by civil action; duty of United States attorneys to prosecute. 75, 76. Transferred. ------DocID 53588 Document 388 of 401------ -CITE- 46 USC APPENDIX - SHIPPING CHAPTER 4 -EXPCITE- TITLE 46 APPENDIX CHAPTER 4 -HEAD- CHAPTER 4 - TONNAGE DUTIES -MISC1- Sec. 121. Amount of tonnage duties. 122. Coasting and fishing vessels. 123. Vessels in foreign and coasting trade on northern, northeastern, and northwestern frontiers. 124. Passenger vessels trading between ports of United States and foreign ports. 125. Vessels making daily trips on interior waters. 126. Vessels touching at Canadian ports. 127. Omitted. 128. Light money. 129. Exemption of unregistered vessels owned by citizens. 130. Omitted. 131. Rights of Cuban vessels. 132. Vessels not entering by sea. 133. Hospital ships in time of war. 134. Designation by President of hospital ships exempted. 135. Rights under treaties preserved. ------DocID 54095 Document 389 of 401------ -CITE- 47 USC CHAPTER 4 -EXPCITE- TITLE 47 CHAPTER 4 -HEAD- CHAPTER 4 - RADIO ACT OF 1927 -CROSS- CROSS REFERENCES Communications Act of 1934, see section 151 et seq. of this title. ------DocID 54321 Document 390 of 401------ -CITE- 48 USC Sec. 4, 5 -EXPCITE- TITLE 48 CHAPTER 1 -HEAD- Sec. 4, 5. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029 -MISC1- Section 4, acts Mar. 2, 1907, ch. 2511, 34 Stat. 1162; Mar. 23, 1910, ch. 115, 36 Stat. 248, authorized Secretary of War to detail an Army officer to act as assistant to Chief of Bureau of Insular Affairs of War Department and directed that provisions of law as to transfer of officers of line to a department for tours of service would apply to vacancy created by this section and to return of detailed officer to Army. Section 5, act Mar. 23, 1910, ch. 115, 36 Stat. 248, authorized Secretary of War to detail one additional Army officer as assistant to Chief of Bureau of Insular Affairs under same provisions in regard to vacancies and return as provided in section 4 of this title. ------DocID 54438 Document 391 of 401------ -CITE- 48 USC CHAPTER 4 -EXPCITE- TITLE 48 CHAPTER 4 -HEAD- CHAPTER 4 - PUERTO RICO -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 731. Territory included under name Puerto Rico. 731a. Change of name; Puerto Rico. 731b. Organization of a government pursuant to a constitution. 731c. Submission of sections 731b to 731e of this title to people of Puerto Rico for referendum; convening of constitutional convention; requisites of constitution. 731d. Ratification of constitution by Congress. 731e. Chapter continued in force and effect. 732. Repealed. 733. Citizens; former Spanish subjects and children; body politic; name. 733a. Citizens; residence in island of citizens of United States. 733a-1, 733b. Repealed or Omitted. 734. United States laws extended to Puerto Rico; internal revenue receipts covered into treasury. 734a. Extension of industrial alcohol and internal revenue laws to Puerto Rico. 735. Repealed. 736. Puerto Rican law modified. 737. Privileges and immunities. 738. Free interchange of merchandise with United States. 739. Duties on foreign imports; books and pamphlets in English language. 740. Duties and taxes to constitute fund for benefit of Puerto Rico; ports of entry. 741. Export duties, taxes, etc.; bonds to anticipate revenues. 741a. Internal-revenue taxes; levy and collection; discrimination. 742. Acknowledgment of deeds. 743. Repealed. 744. Coasting trade laws. 745. Tax exempt bonds. 745a. Public improvement bonds sold to United States or agency thereof excluded from public indebtedness. 745b. Refunding bonds excluded temporarily in computing indebtedness. 746. Public lands and buildings; reservations; rights prior to July 1, 1902. 747. Public property transferred; 'control' defined. 748. Conveyance by President to people of lands, buildings, etc. 749. Harbors and navigable waters transferred; definitions. 750. Repealed. 751. Interstate commerce and certain other laws inapplicable to Puerto Rico. 752. Corporate real estate holdings. 753 to 755. Repealed or Omitted. SUBCHAPTER II - THE EXECUTIVE AND GOVERNMENT OFFICIALS 771 to 793b. Repealed. 794. Official reports. 795. Government expenses payable out of revenues. 796 to 799. Repealed. SUBCHAPTER III - THE LEGISLATURE 811 to 820. Repealed. 821. Legislative power. 822 to 844. Repealed or Omitted. 845. Income tax laws; modification or repeal by legislature. SUBCHAPTER IV - THE JUDICIARY 861 to 863. Repealed or Omitted. 864. Appeals, certiorari, removal of causes, etc.; use of English language. 865 to 867. Repealed or Omitted. 868. Fees part of United States revenues. 869. Fees payable by United States out of revenue of Puerto Rico. 870, 871. Repealed or Omitted. 872. Habeas corpus; mandamus; suit to restrain assessment or collection of taxes. 873, 873a. Repealed. 874. Judicial process; officials to be citizens of United States; oath. 875, 876. Repealed. SUBCHAPTER V - RESIDENT COMMISSIONER 891. Resident Commissioner; election. 892. Qualifications of Commissioner; appointment to fill vacancy. 893. Salary of Commissioner; allowances; franking privilege. 894. Salary and traveling expenses; payment. SUBCHAPTER VI - SLUM CLEARANCE AND URBAN REDEVELOPMENT PROJECTS 910. Slum clearance and urban redevelopment and renewal projects; powers of government. 910a. Authorization of loans, conveyances, etc., by government and municipalities. 910b. Ratification of prior acts. SUBCHAPTER VII - LOW RENT HOUSING PROJECTS AND ELIMINATION OF SUB-STANDARD HOUSING 911. Legislative authorization to create authorities. 912. Authority to appoint commissioners; powers of authorities. 913. Authorization of loans, conveyances, etc., by municipalities. 914. Issuance of bonds and obligations. 915. Bonds as public debt. 916. Ratification of previous legislation. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1469a-1 of this title; title 16 section 1453. ------DocID 54705 Document 392 of 401------ -CITE- 48 USC Sec. 1424-4 -EXPCITE- TITLE 48 CHAPTER 8A SUBCHAPTER IV -HEAD- Sec. 1424-4. Criminal offenses; procedure; definitions -STATUTE- Where appropriate, the provisions of part II of title 18 and of title 28, United States Code, and notwithstanding the provision in rule 54(a) Federal Rules of Criminal Procedure relating to the prosecution of criminal offenses on Guam by information, the rules of practice and procedure heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28, United States Code, shall apply to the District Court of Guam and appeals therefrom; except that the terms, 'Attorney for the government' and 'United States attorney', as used in the Federal Rules of Criminal Procedure, shall, when applicable to cases arising under the laws of Guam, including the Guam Territorial income tax, mean the Attorney General of Guam or such other person or persons as may be authorized by the laws of Guam to act therein. -SOURCE- (Aug. 1, 1950, ch. 512, Sec. 22D, as added Oct. 5, 1984, Pub. L. 98-454, title VIII, Sec. 801, 98 Stat. 1743.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to Title 18, Crimes and Criminal Procedure. -MISC2- EFFECTIVE DATE Section effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98-454, set out as an Effective Date of 1984 Amendment note under section 1424 of this title. ------DocID 55213 Document 393 of 401------ -CITE- 49 USC APPENDIX - TRANSPORTATION Sec. 4 -EXPCITE- TITLE 49, APPENDIX CHAPTER 1 -HEAD- Sec. 4. Repealed. Pub. L. 95-473, Sec. 4(b), (c), Oct. 17, 1978, 92 Stat. 1466, 1470 -MISC1- Section repealed subject to an exception related to transportation of oil by pipeline. For disposition of this section in revised Title 49, Transportation, see Table at beginning of Title 49. See, also, notes following Table. Prior to repeal, section read as follows: Sec. 4. Long and short haul charges; competition with water routes (1) Charges for long and short hauls and on through route; exemption It shall be unlawful for any common carrier subject to this chapter or chapter 12 of this Appendix to charge or receive any greater compensation in the aggregate for the transportation of passengers, or of like kind of property, for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, or to charge any greater compensation as a through rate than the aggregate of the intermediate rates subject to the provisions of this chapter or chapter 12 of this Appendix, but this shall not be construed as authorizing any common carrier within the terms of this chapter or chapter 12 of this Appendix to charge or receive as great compensation for a shorter as for a longer distance: Provided, That upon application to the Commission and after investigation, such carrier, in special cases, may be authorized by the Commission to charge less for longer than for shorter distances for the transportation of passengers or property, and the Commission may from time to time prescribe the extent to which such designated carriers may be relieved from the operation of the foregoing provisions of this section, but in exercising the authority conferred upon it in this proviso, the Commission shall not permit the establishment of any charge to or from the more distant point that is not reasonably compensatory for the service performed; and no such authorization shall be granted on account of merely potential water competition not actually in existence: Provided further, That any such carrier or carriers operating over a circuitous line or route may, subject only to the standards of lawfulness set forth in other provisions of this chapter or chapter 12 of this Appendix and without further authorization, meet the charges of such carrier or carriers of the same type operating over a more direct line or route, to or from the competitive points, provided that rates so established over circuitous routes shall not be evidence on the issue of the compensatory character of rates involved in other proceedings: And provided further, That tariffs proposing rates subject to the provision of this paragraph requiring Commission authorization may be filed when application is made to the Commission under the provisions hereof, and in the event such application is approved, the Commission shall permit such tariffs to become effective upon one day's notice: And provided further, That the provisions of this paragraph shall not apply to express companies subject to the provisions of this chapter, except that the exemption herein accorded express companies shall not be construed to relieve them from the operation of any other provision contained in this Act. (2) Competition of railroads with water routes; change of rates Wherever a carrier by railroad shall in competition with a water route or routes reduce the rates on the carriage of any species of freight to or from competitive points, it shall not be permitted to increase such rates unless after hearing by the Commission it shall be found that such proposed increase rests upon changed conditions other than the elimination of water competition. (Feb. 4, 1887, ch. 104, pt. I, Sec. 4, 24 Stat. 380; June 18, 1910, ch. 309, Sec. 8, 36 Stat. 547; Feb. 28, 1920, ch. 91, Sec. 406, 41 Stat. 480; Aug. 9, 1935, ch. 498, Sec. 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, title I, Sec. 6(a), 54 Stat. 904; July 11, 1957, Pub. L. 85-99, 71 Stat. 292; Sept. 27, 1962, Pub. L. 87-707, 76 Stat. 635.) ------DocID 55276 Document 394 of 401------ -CITE- 49 USC APPENDIX - TRANSPORTATION CHAPTER 4 -EXPCITE- TITLE 49, APPENDIX CHAPTER 4 -HEAD- CHAPTER 4 - BILLS OF LADING -MISC1- Sec. 81. Transportation included. 82. Straight bill of lading. 83. Order bill of lading; negotiability. 84. Order bills in parts or sets; liability of carrier. 85. Indorsement on duplicate bill; liability. 86. Indorsement on straight bill. 87. Effect of insertion of name of person to be notified. 88. Duty to deliver goods on demand; refusal. 89. Delivery; when justified. 90. Liability for delivery to person not entitled thereto. 91. Liability for delivery without cancellation of bill. 92. Liability in case of delivery of part of goods. 93. Alteration of bill. 94. Loss, etc., of bill; delivery of goods on order of court. 95. Liability on bill marked 'duplicate'. 96. Claim of title as excuse for refusal to deliver. 97. Interpleader of conflicting claimants. 98. Reasonable time for procedure allowed in case of adverse claim. 99. Failure to deliver; claim of third person as defense. 100. Loading by carrier; counting packages, etc.; contents of bill. 101. Loading by shipper; contents of bill; ascertainment of kind and quantity on request. 102. Liability for nonreceipt or misdescription of goods. 103. Attachment, etc., of goods delivered to carrier. 104. Remedies of creditor of owner of order bill. 105. Lien of carrier. 106. Liability after sale to satisfy lien, etc. 107. Negotiation of order bill by delivery. 108. Negotiation of order bill by indorsement. 109. Transfer of bill by delivery; negotiation of straight bill. 110. Negotiation of order bill by person in possession. 111. Title and right acquired by transferee of order bill. 112. Rights of transferee of bill without negotiation; notice to carrier. 113. Compelling indorsement of order bill transferred by delivery. 114. Warranties arising out of transfer of bill. 115. Liability of indorser of bill. 116. Warranties by mortgagee, etc., receiving payment of bill. 117. Negotiation of bill; impairment of validity. 118. Negotiation of bill by seller, mortgagor, etc., to person without notice. 119. Rights of bona fide purchaser as affected by seller's lien or right of stoppage. 120. Rights of mortgagee or lien holder; limitation. 121. Offenses; penalty. 122. Definitions. 123. Omitted. 124. Invalidity of part of chapter. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 46 App. section 1303. ------DocID 55944 Document 395 of 401------ -CITE- 50 USC Sec. 4 -EXPCITE- TITLE 50 CHAPTER 1 -HEAD- Sec. 4. Rules and regulations; subordinate bodies and committees -STATUTE- The Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable investigation, research, and inquiry and made available in conference and report for the use of the council; and the council may organize subordinate bodies for its assistance in special investigations, either by the employment of experts or by the creation of committees of specially qualified persons to serve without compensation, but to direct the investigations of experts so employed. -SOURCE- (Aug. 29, 1916, ch. 418, Sec. 2, 39 Stat. 650.) -MISC1- TERMINATION OF ADVISORY COMMISSIONS Advisory commissions 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 commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory commissions 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 commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission 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 55954 Document 396 of 401------ -CITE- 50 USC CHAPTER 4 -EXPCITE- TITLE 50 CHAPTER 4 -HEAD- CHAPTER 4 - ESPIONAGE ------DocID 56001 Document 397 of 401------ -CITE- 50 USC Sec. 98h-4 -EXPCITE- TITLE 50 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 98h-4. Importation of strategic and critical materials -STATUTE- The President may not prohibit or regulate the importation into the United States of any material determined to be strategic and critical pursuant to the provisions of this subchapter, if such material is the product of any foreign country or area not listed as a Communist-dominated country or area in general note 3(b) of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), for so long as the importation into the United States of material of that kind which is the product of such Communist-dominated countries or areas is not prohibited by any provision of law. -SOURCE- (June 7, 1939, ch. 190, Sec. 13, formerly Sec. 10, as added Nov. 17, 1971, Pub. L. 92-156, title V, Sec. 503(2), 85 Stat. 427; renumbered Sec. 10, July 30, 1979, Pub. L. 96-41, Sec. 2(b)(1), 93 Stat. 324; amended Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec. 3206(b), (c), 101 Stat. 1247; Aug. 23, 1988, Pub. L. 100-418, title I, Sec. 1214(o), 102 Stat. 1159.) -REFTEXT- REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in text, is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties. -COD- CODIFICATION Section was formerly classified to section 98h-1 of this title. -MISC3- AMENDMENTS 1988 - Pub. L. 100-418 substituted 'general note 3(b) of the Harmonized Tariff Schedule of the United States' for 'general headnote 3(d) of the Tariff Schedules of the United States'. 1987 - Pub. L. 100-180 inserted section catchline and, in text, substituted 'The President' for 'Notwithstanding any other provision of law, on and after January 1, 1972, the President'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 98h-7 of this title. ------DocID 56368 Document 398 of 401------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 4 -EXPCITE- TITLE 50 APPENDIX TRADING WITH THE ENEMY ACT OF 1917 ACT OCT -HEAD- Sec. 4. Licenses to enemy or ally of enemy insurance or reinsurance companies; change of name; doing business in United States -STATUTE- (a) Every enemy or ally of enemy insurance or reinsurance company, and every enemy or ally of enemy, doing business within the United States through an agency or branch office, or otherwise, may within thirty days after the passage of this Act (Oct. 6, 1917), apply to the President for a license to continue to do business; and, within thirty days after such application, the President may enter an order either granting or refusing to grant such license. The license, if granted, may be temporary or otherwise, and for such period of time, and may contain such provisions and conditions regulating the business, agencies, managers and trustees and the control and disposition of the funds of the company, or of such enemy or ally of enemy, as the President shall deem necessary for the safety of the United States; and any license granted hereunder may be revoked or regranted or renewed in such manner and at such times as the President shall determine: Provided, however, That reasonable notice of his intent to refuse to grant a license or to revoke a license granted to any reinsurance company shall be given by him to all insurance companies incorporated within the United States and known to the President to be doing business with such reinsurance company: Provided further, That no insurance company, organized within the United States, shall be obligated to continue any existing contract, entered into prior to the beginning of the war, with any enemy or ally of enemy insurance or reinsurance company, but any such company may abrogate and cancel any such contract by serving thirty days' notice in writing upon the President of its election to abrogate such contract. For a period of thirty days after the passage of this Act (Oct. 6, 1917), and further pending the entry of such order by the President, after application made by any enemy or ally of enemy insurance or reinsurance company, within such thirty days as above provided, the provisions of the President's proclamation of April sixth, nineteen hundred and seventeen, relative to agencies in the United States of certain insurance companies, as modified by the provisions of the President's proclamation of July thirteenth, nineteen hundred and seventeen, relative to marine and war-risk insurance, shall remain in full force and effect so far as it applies to such German insurance companies, and the conditions of said proclamation of April sixth, nineteen hundred and seventeen, as modified by said proclamation of July thirteenth, nineteen hundred and seventeen, shall also during said period of thirty days after the passage of this Act (Oct. 6, 1917), and pending the order of the President as herein provided, apply to any enemy or ally of enemy insurance or reinsurance company, anything in this Act (sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix) to the contrary notwithstanding. It shall be unlawful for any enemy or ally of enemy insurance or reinsurance company, to whom license is granted, to transmit out of the United States any funds belonging to or held for the benefit of such company or to use any such funds as the basis for the establishment directly or indirectly of any credit within or outside of the United States to, or for the benefit of, or on behalf of, or on account of, an enemy or ally of enemy. For a period of thirty days after the passage of this Act (Oct. 6, 1917), and further pending the entry of such order by the President, after application made within such thirty days by any enemy or ally of enemy, other than an insurance or reinsurance company as above provided, it shall be lawful for such enemy or ally of enemy to continue to do business in this country and for any person to trade with, to, from, for, on account of, on behalf of or for the benefit of such enemy or ally of enemy, anything in this Act (said sections) to the contrary notwithstanding: Provided, however, That the provisions of sections three and sixteen hereof (sections 3 and 16 of this Appendix) shall apply to any act or attempted act of transmission or transfer of money or other property out of the United States and to the use or attempted use of such money or property as the basis for the establishment of any credit within or outside of the United States to, or for the benefit of, or on behalf of, or on account of, an enemy or ally of enemy. If no license is applied for within thirty days after the passage of this Act (Oct. 6, 1917), or if a license shall be refused to any enemy or ally of enemy, whether insurance or reinsurance company, or other person, making application, or if any license granted shall be revoked by the President, the provisions of sections three and sixteen hereof (sections 3 and 16 of this Appendix) shall forthwith apply to all trade or to any attempt to trade with, to, from, for, buy, on account of, or on behalf of, or for the benefit of such company or other person: Provided, however, That after such refusal or revocation, anything in this Act (said sections) to the contrary notwithstanding, it shall be lawful for a policyholder or for an insurance company, not an enemy or ally of enemy, holding insurance or having effected reinsurance in or with such enemy or ally of enemy insurance or reinsurance company, to receive payment of, and for such enemy or ally of enemy insurance or reinsurance company to pay any premium, return premium, claim, money, security, or other property due or which may become due on or in respect to such insurance or reinsurance in force at the date of such refusal or revocation of license; and nothing in this Act (said sections) shall vitiate or nullify then existing policies or contracts of insurance or reinsurance, or the conditions thereof; and any such policyholder or insurance company, not an enemy or ally of enemy, having any claim to or upon money or other property of the enemy or ally of enemy insurance or reinsurance company in the custody or control of the alien property custodian, hereinafter provided for, or of the Treasurer of the United States, may make application for the payment thereof and may institute suit as provided in section nine hereof (section 9 of this Appendix). (b) During the present war, no enemy, or ally of enemy, and no partnership of which he is a member or was a member at the beginning of the war, shall for any purpose assume or use any name other than that by which such enemy or partnership was ordinarily known at the beginning of the war, except under license from the President. Whenever, during the present war, in the opinion of the President the public safety or public interest requires, the President may prohibit any or all foreign insurance companies from doing business in the United States, or the President may license such company or companies to do business upon such terms as he may deem proper. -SOURCE- (Oct. 6, 1917, ch. 106, Sec. 4, 40 Stat. 413.) -REFTEXT- REFERENCES IN TEXT Proclamation of April 6, 1917, 40 Stat. 1654, and Proclamation of July 13, 1917, 40 Stat. 1684, referred to in subsec. (a), are set out below. -TRANS- TRANSFER OF FUNCTIONS Functions of Alien Property Custodian and Office of Alien Property Custodian, except those relating to property or interest in Philippines, vested in Attorney General. See notes set out under section 6 of this Appendix. -EXEC- PROCLAMATION OF APRIL 6, 1917 40 STAT. 1654 WHEREAS, certain insurance companies, incorporated under the laws of the German Empire, have been admitted to transact the business of insurance in various States of the United States, by means of separate United States branches established pursuant to the laws of such States, and are now engaged in business under the supervision of the Insurance Departments thereof, with assets in the United States deposited with Insurance Departments or in the hands of resident trustees, citizens of the United States, for the protection of all policyholders in the United States; AND WHEREAS, the interests of the citizens of the United States in the protection afforded by such insurance are of great magnitude, so that it is deemed to be important that the agencies of such companies in the United States be permitted to continue in business; NOW, THEREFORE, I, WOODROW WILSON, President of the United States of America, by virtue of the powers vested in me as such, hereby declare and proclaim that such branch establishments of German insurance companies now engaged in the transaction of business in the United States pursuant to the laws of the several States are hereby authorized and permitted to continue the transaction of their business in accordance with the laws of such States in the same manner and to the same extent as though a state of war did not now exist; provided, however, that all funds of such establishments now in the possession of their managers or agents, or which shall hereafter come into their possession, shall be subject to such rules and regulations concerning the payment and disposition thereof as shall be prescribed by the insurance supervising officials of the State in which the principal office of such establishment in the United States is located, but in no event shall any funds belonging to or held for the benefit of such companies be transmitted outside of the United States nor be used as the basis for the establishment directly or indirectly of any credit within or outside of the United States to or for the benefit or use of the enemy or any of his allies without the permission of this Government. PROCLAMATION OF JULY 13, 1917 40 STAT. 1684 WHEREAS, certain insurance companies, incorporated under the laws of the German Empire, have been admitted to transact the business of marine and war risk insurance in various States of the United States, by means of separate United States branches established pursuant to the laws of such States, and are now engaged in such business under the supervision of the Insurance Departments thereof, with assets in the United States deposited with Insurance Departments or in the hands of resident trustees, citizens of the United States, for the protection of all policyholders in the United States; AND WHEREAS, the nature of marine and war risk insurance is such that those conducting it must of necessity be in touch with the movements of ships and cargoes, and it has been considered by the Government of great importance that this information should not be obtained by alien enemies; NOW, THEREFORE, I, WOODROW WILSON, President of the United States of America, by virtue of the powers vested in me as such, hereby declare and proclaim that such branch establishments of German insurance companies now engaged in the transaction of business in the United States pursuant to the laws of the several States are hereby prohibited from continuing the transaction of the business of marine and war risk insurance either as direct insurers or re-insurers; and all individuals, firms, and insurance companies incorporated under the laws of any of the States or Territories of the United States, or of any foreign country, and established pursuant to the laws of such States and now engaged in the United States in the business of marine and war risk insurance either as direct insurers or re-insurers are hereby prohibited from reinsuring with companies incorporated under the laws of the German Empire, no matter where located; and all persons in the United States are prohibited from insuring against marine or war risks with insurance companies incorporated under the laws of the German Empire or with individuals, firms, and insurance companies incorporated under the laws of any of the States or Territories of the United States or of any foreign country and now engaged in the business of marine or war risk insurance in the United States, which re-insure business originating in the United States with companies incorporated under the laws of the German Empire, no matter where located. The foregoing prohibitions shall extend and operate as to all existing contracts for insurance and re-insurance which are hereby suspended for the period of the war, except that they shall not operate to vitiate or prevent the insurance or re-insurance of, and the payment or receipt of, premiums on insurance or re-insurance under existing contracts on vessels or interest at risk on the date of this proclamation, and such insurance or re-insurance, if for a voyage, shall continue in force until arrival at destination, and if for time, until thirty days from the date of this proclamation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5 of this Appendix; title 28 section 2680. ------DocID 56881 Document 399 of 401------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 1878zz-4 to 1878zz-8 -EXPCITE- TITLE 50 APPENDIX NAVAL AID TO FOREIGN NATIONS PUB -HEAD- Sec. 1878zz-4 to 1878zz-8. Omitted -COD- CODIFICATION Section 1878zz-4, Pub. L. 92-270, Sec. 1, Apr. 6, 1972, 86 Stat. 118, authorized loan of additional naval vessels, with or without reimbursement, and subject to appropriate terms and conditions, as follows: five destroyers and two submarines, Spanish Government; one destroyer and two submarines, Turkish Government; two destroyers, Greek Government; two destroyers, Republic of Korea; and two submarines, Italian Government; provided for the charging of activation, rehabilitation, and outfitting expenses to funds programed for recipient government as grant military assistance under provisions of Foreign Assistance Act of 1961, or successor legislation, or to funds provided by recipient government; and prescribed Dec. 31, 1974, as termination date for executive exercise of naval vessel loan authority under this section. Section 1878zz-5, Pub. L. 92-270, Sec. 2, Apr. 6, 1972, 86 Stat. 118, limited loan of ships to five-year period, required designation by Secretary of Defense of place of return, and made loans terminable for acts of warfare by armed forces of borrowing country against a country party to a mutual defense treaty ratified by United States and earlier where no longer contributory to defense requirements of United States. Section 1878zz-6, Pub. L. 92-270, Sec. 3, Apr. 6, 1972, 86 Stat. 118, required Secretary of Defense to determine loans to be in best interest of United States and to report loans and loan extensions to Congress. Section 1878zz-7, Pub. L. 92-270, Sec. 4, Apr. 6, 1972, 86 Stat. 118, authorized promulgation of rules and regulations. Section 1878zz-8, Pub. L. 92-270, Sec. 5, Apr. 6, 1972, 86 Stat. 118, prohibited construction of a loan as a commitment to defense of borrowing country. ------DocID 56961 Document 400 of 401------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 1989b-4 -EXPCITE- TITLE 50 APPENDIX RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND ALE PUB TITLE I -HEAD- Sec. 1989b-4. Restitution -STATUTE- (a) Location and payment of eligible individuals (1) In general Subject to paragraph (6), the Attorney General shall, subject to the availability of funds appropriated to the Fund for such purpose, pay out of the Fund to each eligible individual the sum of $20,000, unless such individual refuses, in the manner described in paragraph (4), to accept the payment. (2) Location of eligible individuals The Attorney General shall identify and locate, without requiring any application for payment and using records already in the possession of the United States Government, each eligible individual. The Attorney General should use funds and resources available to the Attorney General, including those described in subsection (c), to attempt to complete such identification and location within 12 months after the date of the enactment of this Act (Aug. 10, 1988). Any eligible individual may notify the Attorney General that such individual is an eligible individual, and may provide documentation therefor. The Attorney General shall designate an officer or employee to whom such notification and documentation may be sent, shall maintain a list of all individuals who submit such notification and documentation, and shall, subject to the availability of funds appropriated for such purpose, encourage, through a public awareness campaign, each eligible individual to submit his or her current address to such officer or employee. To the extent that resources referred to in the second sentence of this paragraph are not sufficient to complete the identification and location of all eligible individuals, there are authorized to be appropriated such sums as may be necessary for such purpose. In any case, the identification and location of all eligible individuals shall be completed within 12 months after the appropriation of funds under the preceding sentence. Failure to be identified and located by the end of the 12-month period specified in the preceding sentence shall not preclude an eligible individual from receiving payment under this section. (3) Notice from the Attorney General The Attorney General shall, when funds are appropriated to the Fund for payments to an eligible individual under this section, notify that eligible individual in writing of his or her eligibility for payment under this section. Such notice shall inform the eligible individual that - (A) acceptance of payment under this section shall be in full satisfaction of all claims against the United States arising out of acts described in section 108(2)(B) (section 1989b-7(2)(B) of this Appendix), and (B) each eligible individual who does not refuse, in the manner described in paragraph (4), to accept payment under this section within 18 months after receiving such written notice shall be deemed to have accepted payment for purposes of paragraph (5). (4) Effect of refusal to accept payment If an eligible individual refuses, in a written document filed with the Attorney General, to accept any payment under this section, the amount of such payment shall remain in the Fund and no payment may be made under this section to such individual at any time after such refusal. (5) Payment in full settlement of claims against the United States The acceptance of payment by an eligible individual under this section shall be in full satisfaction of all claims against the United States arising out of acts described in section 108(2)(B) (section 1989b-7(2)(B) of this Appendix). This paragraph shall apply to any eligible individual who does not refuse, in the manner described in paragraph (4), to accept payment under this section within 18 months after receiving the notification from the Attorney General referred to in paragraph (3). (6) Exclusion of certain individuals No payment may be made under this section to any individual who, after September 1, 1987, accepts payment pursuant to an award of a final judgment or a settlement on a claim against the United States for acts described in section 108(2)(B) (section 1989b-7(2)(B) of this Appendix), or to any surviving spouse, child, or parent of such individual to whom paragraph (6) applies. (7) Payments in the case of deceased persons (A) In the case of an eligible individual who is deceased at the time of payment under this section, such payment shall be made only as follows: (i) If the eligible individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (ii) If there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all children of the eligible individual who are living at the time of payment. (iii) If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the eligible individual who are living at the time of payment. If there is no surviving spouse, children, or parents described in clauses (i), (ii), and (iii), the amount of such payment shall remain in the Fund, and may be used only for the purposes set forth in section 106(b) (section 1989b-5(b) of this Appendix). (B) After the death of an eligible individual, this subsection and subsections (c) and (f) shall apply to the individual or individuals specified in subparagraph (A) to whom payment under this section will be made, to the same extent as such subsections apply to the eligible individual. (C) For purposes of this paragraph - (i) the 'spouse' of an eligible individual means a wife or husband of an eligible individual who was married to that eligible individual for at least 1 year immediately before the death of the eligible individual; (ii) a 'child' of an eligible individual includes a recognized natural child, a stepchild who lived with the eligible individual in a regular parent-child relationship, and an adopted child; and (iii) a 'parent' of an eligible individual includes fathers and mothers through adoption. (b) Order of payments The Attorney General shall endeavor to make payments under this section to eligible individuals in the order of date of birth (with the oldest individual on the date of the enactment of this Act (Aug. 10, 1988) (or, if applicable, that individual's survivors under paragraph (6)) receiving full payment first), until all eligible individuals have received payment in full. (c) Resources for locating eligible individuals In attempting to locate any eligible individual, the Attorney General may use any facility or resource of any public or nonprofit organization or any other record, document, or information that may be made available to the Attorney General. (d) Administrative costs not paid from the Fund No costs incurred by the Attorney General in carrying out this section shall be paid from the Fund or set off against, or otherwise deducted from, any payment under this section to any eligible individual. (e) Termination of duties of Attorney General The duties of the Attorney General under this section shall cease when the Fund terminates. (f) Clarification of treatment of payments under other laws Amounts paid to an eligible individual under this section - (1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and (2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits. (g) Liability of United States limited to amount in Fund (1) General rule An eligible individual may be paid under this section only from amounts in the Fund. (2) Coordination with other provisions Nothing in this title (sections 1989b to 1989b-9 of this Appendix) shall authorize the payment to an eligible individual by the United States Government of any amount authorized by this section from any source other than the Fund. (3) Order in which unpaid claims to be paid If at any time the Fund has insufficient funds to pay all eligible individuals at such time, such eligible individuals shall, to the extent permitted under paragraph (1), be paid in full in the order specified in subsection (b). -SOURCE- (Pub. L. 100-383, title I, Sec. 105, Aug. 10, 1988, 102 Stat. 905; Pub. L. 101-162, title II, Sec. 209(b), Nov. 21, 1989, 103 Stat. 1005.) -MISC1- AMENDMENTS 1989 - Subsec. (g). Pub. L. 101-162 added subsec. (g). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1989b-3, 1989b-9 of this Appendix. ------DocID 56972 Document 401 of 401------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 1989c-4 -EXPCITE- TITLE 50 APPENDIX RESTITUTION FOR WORLD WAR II INTERNMENT OF JAPANESE-AMERICANS AND ALE PUB TITLE II -HEAD- Sec. 1989c-4. Compensation for community losses -STATUTE- (a) In general Subject to the availability of funds appropriated to the Fund, the Secretary shall make payments from the Fund, in accordance with this section, as restitution for certain Aleut losses sustained in World War II. (b) Trust (1) Establishment The Secretary shall, subject to the availability of funds appropriated for this purpose, establish a trust for the purposes set forth in this section. Such trust shall be established pursuant to the laws of the State of Alaska, and shall be maintained and operated by not more than seven trustees, as designated by the Secretary. Each affected Aleut village may submit to the Administrator a list of three prospective trustees. The Secretary, after consultation with the Administrator, affected Aleut villages, and the Corporation, shall designate not more than seven trustees from such lists as submitted. (2) Administration of trust The trust established under this subsection shall be administered in a manner that is consistent with the laws of the State of Alaska, and as prescribed by the Secretary, after consultation with representatives of eligible Aleuts, the residents of affected Aleut villages, and the Administrator. (c) (FOOTNOTE 1) Accounts for benefit of Aleuts (FOOTNOTE 1) So in original. Two subsecs. (c) have been enacted. (1) In general The Secretary shall deposit in the trust such sums as may be appropriated for the purposes set forth in this subsection. The trustees shall maintain and operate 8 independent and separate accounts in the trust for purposes of this subsection, as follows: (A) One account for the independent benefit of the wartime Aleut residents of Attu and their descendants. (B) Six accounts for the benefit of the 6 surviving affected Aleut villages, one each for the independent benefit of Akutan, Atka, Nikolski, Saint George, Saint Paul, and Unalaska, respectively. (C) One account for the independent benefit of those Aleuts who, as determined by the Secretary, upon the advice of the trustees, are deserving but will not benefit directly from the accounts established under subparagraphs (A) and (B). The trustees shall credit to the account described in subparagraph (C) an amount equal to 5 percent of the principal amount deposited by the Secretary in the trust under this subsection. Of the remaining principal amount, an amount shall be credited to each account described in subparagraphs (A) and (B) which bears the same proportion to such remaining principal amount as the Aleut civilian population, as of June 1, 1942, of the village with respect to which such account is established bears to the total civilian Aleut population on such date of all affected Aleut villages. (2) Uses of accounts The trustees may use the principal, accrued interest, and other earnings of the accounts maintained under paragraph (1) for - (A) the benefit of elderly, disabled, or seriously ill persons on the basis of special need; (B) the benefit of students in need of scholarship assistance; (C) the preservation of Aleut cultural heritage and historical records; (D) the improvement of community centers in affected Aleut villages; and (E) other purposes to improve the condition of Aleut life, as determined by the trustees. (3) Authorization of appropriations There are authorized to be appropriated $5,000,000 to the Fund to carry out this subsection. (d) Compensation for damaged or destroyed church property (1) Inventory and assessment of property The Administrator shall make an inventory and assessment of real and personal church property of affected Aleut villages which was damaged or destroyed during World War II. In making such inventory and assessment, the Administrator shall consult with the trustees of the trust established under subsection (b), residents of affected Aleut villages, affected church members and leaders, and the clergy of the churches involved. Within 1 year after the date of the enactment of this Act (Aug. 10, 1988), the Administrator shall submit such inventory and assessment, together with an estimate of the present replacement value of lost or destroyed furnishings and artifacts, to the Secretary. (2) Review by the Secretary; deposit in the trust The Secretary shall review the inventory and assessment provided under paragraph (1), and shall deposit in the trust established under subsection (b) an amount reasonably calculated by the Secretary to compensate affected Aleut villages for church property lost, damaged, or destroyed during World War II. (3) Distribution of compensation The trustees shall distribute the amount deposited in the trust under paragraph (2) for the benefit of the churches referred to in this subsection. (4) Authorization of appropriations There are authorized to be appropriated to the Fund $1,400,000 to carry out this subsection. (c) (FOOTNOTE 1) Administrative and legal expenses (1) Reimbursement for expenses The Secretary shall reimburse the Administrator, not less often than annually, for reasonable and necessary administrative and legal expenses in carrying out the Administrator's responsibilities under this title (sections 1989c to 1989c-8 of this Appendix). (2) Authorization of appropriations There are authorized to be appropriated to the Fund such sums as are necessary to carry out this subsection. -SOURCE- (Pub. L. 100-383, title II, Sec. 205, Aug. 10, 1988, 102 Stat. 912.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1989c-5, 1989c-7 of this Appendix. ------End Document Listing------ Thank You For Using I-SEARCH.