I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/12/93 at 00:26:09. Database: USCODE Search: (7:CITE) ------DocID 9047 Document 1 of 2641------ -CITE- 7 USC TITLE 7 -EXPCITE- TITLE 7 -HEAD- TITLE 7 - AGRICULTURE -MISC1- Chap. Sec. 1. Commodity Exchanges 1 2. Cotton Standards 51 3. Grain Standards 71 4. Naval Stores 91 5. Importation of Adulterated Seeds (Repealed) 111 6. Insecticides and Environmental Pesticide Control 121 6A. National Laboratory Accreditation 138 7. Insect Pests Generally 141 7A. Golden Nematode 150 7B. Plant Pests 150aa 8. Nursery Stock and Other Plants and Plant Products 151 8A. Rubber and Other Critical Agricultural Materials 171 9. Packers and Stockyards 181 10. Warehouses 241 11. Honeybees 281 12. Associations of Agricultural Products Producers 291 13. Agricultural and Mechanical Colleges 301 14. Agricultural Experiment Stations 361 15. Bureau of Animal Industry 391 16. Bureau of Dairy Industry 401 17. Miscellaneous Matters 411 18. Cooperative Marketing 451 19. Cotton Statistics and Estimates 471 20. Dumping or Destruction of Interstate Produce 491 20A. Perishable Agricultural Commodites 499a 21. Tobacco Statistics 501 21A. Tobacco Inspection 511 21B. Tobacco Control 515 22. Agricultural Marketing (Omitted or Transferred) 521 23. Foreign Agricultural Service (Repealed) 541 24. Perishable Agricultural Commodities (Transferred to Chapter 20A) 551 25. Export Standards for Apples and Pears 581 25A. Export Standards for Grapes and Plums 591 26. Agricultural Adjustment 601 26A. Agricultural Marketing Agreements 671 27. Cotton Marketing (Omitted or Repealed) 701 28. Tobacco Industry (Repealed) 751 29. Potato Act of 1935 (Repealed) 801 30. Anti-Hog-Cholera Serum and Hog-Cholera Virus 851 31. Rural Electrification and Telephone Service 901 31A. Distance Learning and Medical Link Programs 950aaa 32. Peanut Statistics 951 33. Farm Tenancy 1000 34. Sugar Production and Control (Omitted or Repealed) 1100 35. Agricultural Adjustment Act of 1938 1281 35A. Price Support of Agricultural Commodities 1421 36. Crop Insurance 1501 37. Seeds 1551 38. Distribution and Marketing of Agricultural Products 1621 39. Stabilization of International Wheat Market 1641 40. Halogeton Glomeratus Control 1651 41. Agricultural Trade Development and Assistance 1691 42. Agricultural Commodity Set-Aside 1741 43. Foreign Market Development 1761 44. Wool Program 1781 45. Soil Bank Program 1801 46. Surplus Disposal of Agricultural Commodities 1851 47. Interchange of Department of Agriculture and State Employees (Repealed) 1881 48. Humane Methods of Livestock Slaughter 1901 49. Consultation on Agricultural Programs 1911 50. Agricultural Credit 1921 51. Food Stamp Program 2011 52. Farm Labor Contractor Registration (Repealed) 2041 53. Cotton Research and Promotion 2101 54. Transportation, Sale, and Handling of Certain Animals 2131 55. Department of Agriculture 2201 55A. Department of Agriculture Advisory Committees 2281 56. Unfair Trade Practice Affecting Producers of Agricultural Products 2301 57. Plant Variety Protection 2321 58. Potato Research and Promotion 2611 59. Rural Fire Protection, Development, and Small Farm Research and Education 2651 60. Egg Research and Consumer Information 2701 61. Noxious Weeds 2801 62. Beef Research and Information 2901 63. Farmer-to-Consumer Direct Marketing 3001 64. Agricultural Research, Extension, and Teaching 3101 65. Wheat and Wheat Foods Research and Nutrition Education 3401 66. Agricultural Foreign Investment Disclosure 3501 67. Implementation of International Sugar Agreement, 1977 3601 68. Agricultural Subterminal Facilities 3701 69. Swine Health Protection 3801 70. Animal Cancer Research 3901 71. Agricultural Trade Suspension Adjustment 4001 72. National Agricultural Cost of Production Standards Review Board 4101 73. Farmland Protection Policy 4201 74. Floral Research and Consumer Information 4301 75. International Carriage of Perishable Foodstuffs 4401 76. Dairy Research and Promotion 4501 77. Honey Research, Promotion, and Consumer Information 4601 78. Agricultural Productivity Research (Repealed) 4701 79. Pork Promotion, Research, and Consumer Information 4801 80. Watermelon Research and Promotion 4901 81. National Commission on Agriculture and Rural Development Policy 5001 82. State Agricultural Loan Mediation Programs 5101 83. Agricultural Competitiveness and Trade 5201 84. National Nutrition Monitoring and Related Research 5301 85. Administration of Environmental Programs 5401 86. Water Quality Research, Education, and Coordination 5501 87. Export Promotion 5601 88. Research 5801 89. Pecan Promotion and Research 6001 90. Mushroom Promotion, Research, and Consumer Information 6101 91. Lime Promotion, Research, and Consumer Information 6201 92. Soybean Promotion, Research, and Consumer Information 6301 93. Processor-Funded Milk Promotion Program 6401 94. Organic Certification 6501 95. Rural Revitalization Through Forestry 6601 96. Global Climate Change 6701 ------DocID 9073 Document 2 of 2641------ -CITE- 7 USC Sec. 7 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 7. Designation of board of trade as 'contract market'; conditions and requirements -STATUTE- The Commission is hereby authorized and directed to designate any board of trade as a 'contract market' when, and only when, such board of trade complies with and carries out the following conditions and requirements: (a) When located at a terminal market where any cash commodity of the kind specified in the contracts of sale of commodities for future delivery to be executed on such board is sold in sufficient volumes and under such conditions as fairly to reflect the general value of the commodity and the differences in value between the various grades of such commodity, and where there is available to such board of trade, official inspection service approved by the Secretary of Agriculture or the Commission for the purpose: Provided, That any board of trade not so located shall be designated as a 'contract market' if such board of trade provides for the delivery of commodities on such contracts at a delivery point or points and upon terms and conditions approved by the Commission. (b) When the governing board thereof provides for the making and filing by the board or any member thereof, as the Commission may direct, of reports in accordance with the rules and regulations, and in such manner and form and at such times as may be prescribed by the Commission, showing the details and terms of all transactions entered into by the board, or the members thereof, either in cash transactions or transactions for future delivery consummated on or subject to the rules of a board of trade, and when such governing board provides, in accordance with such rules and regulations, for the keeping of a record by the board or the members of the board of trade, as the Commission may direct, showing the details and terms of all cash and future transactions entered into by them, consummated on or subject to the rules of a board of trade, such record to be in permanent form, showing the parties to all such transactions, including the persons for whom made, any assignments or transfers thereof, with the parties thereto, and the manner in which said transactions are fulfilled, discharged, or terminated. Such record shall be required to be kept for a period of three years from the date thereof, or for a longer period if the Commission shall so direct, and shall at all times be open to the inspection of any representative of the Commission or United States Department of Justice. (c) When the governing board thereof provides for the prevention of dissemination by the board or any member thereof of false or misleading or knowingly inaccurate reports concerning crop or market information or conditions that affect or tend to affect the price of any commodity in interstate commerce. (d) When the governing board thereof provides for the prevention of manipulation of prices and the cornering of any commodity by the dealers or operators upon such board. (e) When the governing board thereof does not exclude from membership in and all privileges on such board of trade any duly authorized representative of any lawfully formed and conducted cooperative association of producers having adequate financial responsibility which is engaged in any cash commodity business, if such association has complied, and agrees to comply, with such terms and conditions as are or may be imposed lawfully on other members of such board: Provided, That no rule of a contract market shall forbid or be construed to forbid the return on a patronage basis by such cooperative association to its bona fide members of moneys collected in excess of the expense of conducting the business of such association. (f) When the governing board provides for making effective the final orders or decisions entered pursuant to the provisions of section 9 of this title, and the orders issued pursuant to the provisions of section 7a of this title, and for compliance in all other respects with the requirements applicable to such board of trade under this chapter. (g) When such board of trade demonstrates that transactions for future delivery in the commodity for which designation as a contract market is sought will not be contrary to the public interest. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 5, 42 Stat. 1000; June 15, 1936, ch. 545, Sec. 2, 6, 49 Stat. 1491, 1497; Feb. 19, 1968, Pub. L. 90-258, Sec. 10, 11, 82 Stat. 29; Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 103(a), (f), (g), title II, Sec. 207, 88 Stat. 1392, 1400.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-463, Sec. 103(a), substituted 'Commission' for 'Secretary of Agriculture' in provisions preceding par. (a). Par. (a). Pub. L. 93-463, Sec. 103(a), (g), substituted 'official inspection service approved by the Secretary of Agriculture or the Commission for the purpose' for 'official inspection service approved by the Secretary of Agriculture for the purpose' and 'Commission' for 'Secretary of Agriculture'. Par. (b). Pub. L. 93-463, Sec. 103(a), (f), substituted 'Commission' for 'Secretary of Agriculture' and 'United States Department of Agriculture'. Par. (g). Pub. L. 93-463, Sec. 207, added par. (g). 1968 - Par. (b). Pub. L. 90-258, Sec. 10, substituted 'cash transactions or transactions for future delivery consummated on or subject to the rules of a board of trade' for 'cash transactions consummated at, on, or in a board of trade, or transactions for future delivery' and 'consummated on or subject to the rules of a board of trade' for 'consummated at, on, or in a board of trade' where appearing the second time, respectively. Par. (f). Pub. L. 90-258, Sec. 11, prescribed as additional conditions and requirements for designation of board of trade as contract market that governing board provide for making effective the orders issued pursuant to the provisions of section 7a of this title and for compliance in all other respects with the requirements applicable to the board of trade under this chapter. 1936 - June 15, 1936, Sec. 2, substituted 'commodity', 'any commodity', or 'commodities', as the case may require, for 'grain' wherever appearing. Act June 15, 1936, Sec. 6, inserted proviso in par. (a), and substituted 'and' for 'or' after 'prices.' EFFECTIVE DATE OF 1974 AMENDMENT For effective date of amendment by Pub. L. 93-463, see section 418 of Pub. L. 93-463, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-258 effective 120 days after Feb. 19, 1968, see section 28 of Pub. L. 90-258, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1936 AMENDMENT Amendment by act June 15, 1936, effective 90 days after June 15, 1936, see section 13 of that act, set out as a note under section 1 of this title. -CROSS- CROSS REFERENCES Showing of compliance with conditions and requirements of this section to accompany application for designation as contract market, see section 8 of this title. Showing of noncompliance with conditions and requirements of this section as authorizing suspension or revocation of designation as a contract market, see section 8 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2, 8, 13a of this title; title 15 section 78c. ------DocID 9228 Document 3 of 2641------ -CITE- 7 USC CHAPTER 7 -EXPCITE- TITLE 7 CHAPTER 7 -HEAD- CHAPTER 7 - INSECT PESTS GENERALLY -MISC1- Sec. 141 to 147. Repealed or Omitted. 147a. Control and eradication of plant pests. (a) Authority of Secretary of Agriculture. (b) Intergovernmental cooperation. (c) Cooperating foreign agency. (d) Definitions. (e) Rules and regulations. (f) Authorization of appropriations; fees, late payment penalties, and accrued interest. 147b. Emergency transfer of funds by Secretary of Agriculture. 148. Control of insect pests and plant diseases. 148a. Availability of appropriated money for general administration; personnel; field work, etc. 148b. Repealed. 148c. Control of insect pests and plant diseases; cooperation of States. 148d. Restrictions on appropriations. 148e. Authorization of appropriations. 148f. Control of grasshoppers and Mormon Crickets on Federal lands. (a) Authority of Secretary of Agriculture. (b) Funds for lands subject to jurisdiction of Federal Government or Federal lands subject to jurisdiction of Secretary of the Interior; prompt requests for transferred funds and for replenishing appropriations. (c) Exhaustion of contingency grasshopper emergency funds before availability of transferred funds for control of outbreaks on Federal lands subject to jurisdiction of Secretary of the Interior. (d) Time for treatment of lands dependent on determination of economic damage. (e) Amount of payments for costs of control on Federal, State, and private lands; interrelated participation efforts. (f) Funding of personnel training program. 149. Regulation, cleaning, etc., of vehicles and materials entering from Mexico. (a) Administration by Secretary; fees. (b) Penalties. MEDITERRANEAN FRUIT FLY INVESTIGATION BOARD Act May 23, 1938, ch. 260, 52 Stat. 436, which created the Board for investigative purposes expired by its own terms on Mar. 15, 1939. TICK ERADICATION ON SEMINOLE RESERVATION IN FLORIDA Act July 22, 1942, ch. 516, 56 Stat. 675, which provided in part for the eradication of ticks on the Seminole Reservation, was a provision of the Department of Agriculture Appropriation Act, 1943, and expired on June 30, 1943. ------DocID 7132 Document 4 of 2641------ -CITE- 2 USC Sec. 61h-7 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61h-7. Chiefs of Staff for Senate Majority and Minority Leaders; appointment; compensation -STATUTE- (a) There is established within the Offices of the Majority and Minority Leaders the positions of Chief of Staff for the Majority Leader and Chief of Staff for the Minority Leader, respectively. Individuals appointed to such positions by the Majority Leader and Minority Leader, respectively, shall receive compensation at a rate fixed by the appropriate Leader not to exceed the maximum annual rate of gross compensation of the Assistant Secretary of the Senate. (b) Gross compensation for employees filling positions established by subsection (a) of this section for the fiscal year ending September 30, 1987, shall be paid out of any funds available in the Senate appropriation for such year under the item 'Salaries, Officers and Employees'. -SOURCE- (Pub. L. 101-163, title I, Sec. 9, Nov. 21, 1989, 103 Stat. 1046.) -COD- CODIFICATION Section is based on Senate Resolution No. 89, One Hundredth Congress, Jan. 28, 1987, which was enacted into permanent law by Pub. L. 101-163. -MISC3- EFFECTIVE DATE Section 9 of Pub. L. 101-163 provided that this section is effective on Jan. 28, 1987, the date on which Senate Resolution No. 89, One Hundredth Congress, was agreed to. ------DocID 7167 Document 5 of 2641------ -CITE- 2 USC Sec. 68-7 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 68-7. Senate Office of Public Records Revolving Fund -STATUTE- (a) Establishment There is established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the 'Senate Office of Public Records Revolving Fund' (hereafter in this section referred to as the 'revolving fund'). (b) Source of moneys for deposit in Fund; availability of moneys in Fund All moneys received on and after October 1, 1989, by the Senate Office of Public Records from fees and other charges for services shall be deposited to the credit of the revolving fund. Moneys in the revolving fund shall be available without fiscal year limitation for disbursement by the Secretary of the Senate for use in connection with the operation of the Senate Office of Public Records, including supplies, equipment, and other expenses. (c) Vouchers Disbursements from the revolving fund shall be made upon vouchers approved by the Secretary of the Senate. (d) Regulations The Secretary of the Senate is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. (e) Transfer of moneys into Fund To provide capital for the revolving fund, the Secretary of the Senate is authorized to transfer, from moneys appropriated for fiscal year 1990 to the account 'Miscellaneous Items' in the contingent fund of the Senate, to the revolving fund such sum as he may determine necessary, not to exceed $30,000. -SOURCE- (Pub. L. 101-163, title I, Sec. 13, Nov. 21, 1989, 103 Stat. 1047.) -COD- CODIFICATION Section is from the Congressional Operations Appropriations Act, 1990, which is title I of the Legislative Branch Appropriations Act, 1990. ------DocID 7463 Document 6 of 2641------ -CITE- 2 USC CHAPTER 7 -EXPCITE- TITLE 2 CHAPTER 7 -HEAD- CHAPTER 7 - CONTESTED ELECTIONS ------DocID 7771 Document 7 of 2641------ -CITE- 3 USC Sec. 7 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 7. Meeting and vote of electors -STATUTE- The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 673.) -CROSS- CROSS REFERENCES Day of voting by electors, see Const. Art. II, Sec. 1, cl. 3. Voting by electors, see Const. Amend. XII. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6 of this title. ------DocID 7926 Document 8 of 2641------ -CITE- 5 USC CHAPTER 7 -EXPCITE- TITLE 5 PART I CHAPTER 7 -HEAD- CHAPTER 7 - JUDICIAL REVIEW -MISC1- Sec. 701. Application; definitions. 702. Right of review. 703. Form and venue of proceeding. 704. Actions reviewable. 705. Relief pending review. 706. Scope of review. SHORT TITLE The provisions of sections 551 to 559 of this title and this chapter were originally enacted by act June 11, 1946, ch. 423, 60 Stat. 237, popularly known as the 'Administrative Procedure Act'. That Act was repealed as part of the general revision of this title by Pub. L. 89-554 and its provisions incorporated into sections 551 to 559 of this title and this chapter. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 559, 8902 of this title; title 2 sections 501, 502; title 7 section 1642; title 8 section 1421; title 10 sections 2397, 2397a, 2397c, 2409a; title 12 sections 1441a, 1467a, 1749bbb-17, 1786, 1787, 1815, 1818, 1821, 1959, 2266, 2268; title 15 sections 57a, 78dd-1, 78dd-2, 266, 648, 687e, 1193, 1392, 1394, 1715, 1913, 2004, 2008, 2060, 2603, 2618, 2622, 3416, 4243; title 16 sections 460aa-3, 470q, 823b, 1374, 1536, 1855, 2404, 3636; title 17 sections 701, 803, 810, 908; title 18 sections 843, 3625; title 19 section 1337; title 20 sections 107d-2, 240, 641, 1683; title 21 sections 360e, 360g; title 22 sections 277d-24, 1623, 1645n, 3794, 4140; title 25 sections 954, 2713, 2714; title 26 section 9041; title 29 sections 214, 721, 792, 1137; title 30 sections 956, 1411, 1415, 1416; title 33 sections 524, 597; title 35 section 135; title 38 section 223; title 39 sections 404, 410, 3001, 3008, 3012, 3603; title 41 section 43a; title 42 sections 263f, 300j-9, 1395h, 1395oo, 2000d-2, 2022, 2231, 2236, 2239, 2282a, 2286f, 4104, 5405, 5851, 6105, 6303, 6306, 6973, 6976, 7276, 7525, 7622, 7920, 8412, 8433, 8441, 10132, 10155, 10244; title 44 section 2203; title 45 sections 431, 1116, 1212; title 47 sections 303, 305, 310, 409; title 49 App. sections 1355, 1481, 1655, 1675, 1903, 2005, 2302, 2305, 2505, 2507, 2611; title 50 sections 795, 835; title 50 App. sections 463, 2159, 2412. ------DocID 8875 Document 9 of 2641------ -CITE- 5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 7 -EXPCITE- TITLE 5 APPENDIX FEDERAL ADVISORY COMMITTEE ACT -HEAD- Sec. 7. Responsibilities of the Administrator of General Services; Committee Management Secretariat, establishment; review; recommendations to President and Congress; agency cooperation; performance guidelines; uniform pay guidelines; travel expenses; expense recommendations -STATUTE- (a) The Administrator shall establish and maintain within the General Services Administration a Committee Management Secretariat, which shall be responsible for all matters relating to advisory committees. (b) The Administrator shall, immediately after October 6, 1972, institute a comprehensive review of the activities and responsibilities of each advisory committee to determine - (1) whether such committee is carrying out its purpose; (2) whether, consistent with the provisions of applicable statutes, the responsibilities assigned to it should be revised; (3) whether it should be merged with other advisory committees; or (4) whether it should be abolished. The Administrator may from time to time request such information as he deems necessary to carry out his functions under this subsection. Upon the completion of the Administrator's review he shall make recommendations to the President and to either the agency head or the Congress with respect to action he believes should be taken. Thereafter, the Administrator shall carry out a similar review annually. Agency heads shall cooperate with the Administrator in making the reviews required by this subsection. (c) The Administrator shall prescribe administrative guidelines and management controls applicable to advisory committees, and, to the maximum extent feasible, provide advice, assistance, and guidance to advisory committees to improve their performance. In carrying out his functions under this subsection, the Administrator shall consider the recommendations of each agency head with respect to means of improving the performance of advisory committees whose duties are related to such agency. (d)(1) The Administrator, after study and consultation with the Director of the Office of Personnel Management, shall establish guidelines with respect to uniform fair rates of pay for comparable services of members, staffs, and consultants of advisory committees in a manner which gives appropriate recognition to the responsibilities and qualifications required and other relevant factors. Such regulations shall provide that - (A) no member of any advisory committee or of the staff of any advisory committee shall receive compensation at a rate in excess of the rate specified for GS-18 of the General Schedule under section 5332 of title 5, United States Code; (B) such members, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons employed intermittently in the Government service; and (C) such members - (i) who are blind or deaf or who otherwise qualify as handicapped individuals (within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 794)), and (ii) who do not otherwise qualify for assistance under section 3102 of title 5, United States Code, by reason of being an employee of an agency (within the meaning of section 3102(a)(1) of such title 5), may be provided services pursuant to section 3102 of such title 5 while in performance of their advisory committee duties. (2) Nothing in this subsection shall prevent - (A) an individual who (without regard to his service with an advisory committee) is a full-time employee of the United States, or (B) an individual who immediately before his service with an advisory committee was such an employee, from receiving compensation at the rate at which he otherwise would be compensated (or was compensated) as a full-time employee of the United States. (e) The Administrator shall include in budget recommendations a summary of the amounts he deems necessary for the expenses of advisory committees, including the expenses for publication of reports where appropriate. -SOURCE- (Pub. L. 92-463, Sec. 7, Oct. 6, 1972, 86 Stat. 772; 1977 Reorg. Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36067, 92 Stat. 3783; Pub. L. 96-523, Sec. 2, Dec. 12, 1980, 94 Stat. 3040.) -REFTEXT- REFERENCES IN TEXT Section 501 of the Rehabilitation Act of 1973, referred to in subsec. (d)(1)(C)(i), is classified to section 791 of Title 29, Labor, rather than to section 794 of Title 29 as shown in text. -MISC2- AMENDMENTS 1980 - Subsec. (d)(1)(C). Pub. L. 96-523 added subpar. (C). EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-523 effective sixty days after Dec. 12, 1980, see section 3 of Pub. L. 96-523, set out as a note under section 3102 of this title. -TRANS- TRANSFER OF FUNCTIONS 'Director of the Office of Personnel Management' substituted for 'Civil Service Commission' in subsec. (d) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of this title, which transferred functions vested by statute in United States Civil Service Commission 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 this title. 'Administrator', 'Administrator's', 'Administrator of General Services', and 'General Services Administration' substituted for 'Director', 'Director's', 'Director, Office of Management and Budget', and 'Office of Management and Budget' in text pursuant to Reorg. Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out in this Appendix, which transferred functions of Office of Management and Budget and Director thereof relating to Committee Management Secretariat to Administrator of General Services, effective Nov. 20, 1977, as provided by section 1 of Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out under section 2 of this Act in this Appendix. -MISC5- 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 this title, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 588 of this title; title 7 section 5005. ------DocID 8891 Document 10 of 2641------ -CITE- 5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 7 -EXPCITE- TITLE 5 APPENDIX INSPECTOR GENERAL ACT OF 1978 -HEAD- Sec. 7. Complaints by employees; disclosure of identity; reprisals -STATUTE- (a) The Inspector General may receive and investigate complaints or information from an employee of the establishment concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to the public health and safety. (b) The Inspector General shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation. (c) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to an Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. -SOURCE- (Pub. L. 95-452, Sec. 7, Oct. 12, 1978, 92 Stat. 1105.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 44 section 3903. ------DocID 8952 Document 11 of 2641------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 7 OF 1949 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 7 OF 1949 -MISC1- EFF. AUG. 20, 1949, 14 F.R. 5228, 63 STAT. 1070, AS AMENDED JAN. 12, 1983, PUB. L. 97-449, SEC. 2(B), 96 STAT. 2439 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.). PUBLIC ROADS ADMINISTRATION SECTION 1. TRANSFER OF PUBLIC ROADS ADMINISTRATION The Public Roads Administration, together with its functions, including the functions of the Commissioner of Public Roads, is hereby transferred to the Department of Transportation and shall be administered by the Commissioner of Public Roads subject to the direction and control of the Secretary of Transportation. SEC. 2. TRANSFER OF CERTAIN FUNCTIONS OF FEDERAL WORKS ADMINISTRATOR All functions of the Federal Works Administrator with respect to the agency and functions transferred by the provisions of section 1 hereof are hereby transferred to the Secretary of Transportation and shall be performed by the Secretary or, subject to his direction and control, by such officers, employees, and agencies of the Department of Transportation as the Secretary shall designate. SEC. 3. RECORDS, PROPERTY, PERSONNEL, AND FUNDS There are hereby transferred to the Department of Transportation, to be used, employed, and expended in connection with the functions transferred by the provisions of this reorganization plan, the records and property now being used or held in connection with such functions, the personnel employed in connection with such functions, together with the Commissioner of Public Roads, and the unexpended balances of appropriations, allocations, and other funds available or to be made available for use in connection with such functions. Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate. SEC. 4. EFFECT OF REORGANIZATION PLAN The provisions of this reorganization plan shall become effective notwithstanding the status of the Public Roads Administration within the Federal Works Agency or within any other agency immediately prior to the effective date of this reorganization plan (see 40 U.S.C. 753). MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 7 of 1949, prepared in accordance with the provisions of the Reorganization Act of 1949. This plan transfers the Public Roads Administration to the Department of Commerce. After investigation I have found and hereby declare that each reorganization included in this plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. This plan directly carries out the recommendation of the Commission on Organization of the Executive Branch of the Government with respect to the Public Roads Administration. That the Department of Commerce is the appropriate location for the Public Roads Administration in the executive branch is evident from the nature of its functions and the basic purpose of the Department. The Public Roads Administration is primarily engaged in planning and financing the development of the highways which provide the essential facilities for motor transportation throughout the country. Thus, it comes directly within the purpose of the Department of Commerce, as defined by its organic act, which provides: It shall be the province and duty of said Department to foster, promote, and develop the foreign and domestic commerce * * * and the transportation facilities of the United States. In its reorganization proposals the Commission on Organization of the Executive Branch of the Government adhered to the statutory definition of the functions and role of the Department of Commerce. President Franklin D. Roosevelt and the Congress likewise were guided by this concept of the Department in transferring to it the Civil Aeronautics Administration and the Inland Waterways Corporation under the Reorganization Act of 1939. A careful review of the structure of the executive branch reveals no other department or agency in which the Public Roads Administration can so appropriately be located. The desirability of this transfer of the Public Roads Administration is further emphasized by its relation to the Federal Property and Administrative Services bill now pending in the Senate. This bill creates a new General Services Administration and concentrates in it the principal central administrative service programs of the executive branch. The bill also revises the basic legislation on property management. It has been passed by the House of Representatives by an overwhelming vote and unanimously reported by the Senate Committee on Expenditures in the Executive Departments and awaits final action on the floor of the Senate. This measure substantially conforms to recommendations which I submitted to the Congress more than a year ago and to proposals more recently presented by the Commission on Organization of the Executive Branch of the Government, with which I concur. The enactment of this bill will constitute an important step in increasing the efficiency of Federal administration. Since the bill makes permanent provision for the disposal of surplus property, now handled by the War Assets Administration which will expire by law on June 30, early enactment is vital. In establishing the General Services Administration the Federal Property and Administrative Services bill transfers to the Administration all of the functions and units of the Federal Works Agency. Part of these functions relating to the housing of the governmental establishment clearly fall within the purpose of such an Administration. Certain other functions of the Federal Works Agency, however, bear very little real relation to the objectives of the General Services Administration. The congressional committees which have dealt with the bill have frankly indicated that further consideration must be given to the proper location of some of the programs of the Federal Works Agency. The sooner these unrelated programs can be removed from the new agency, the sooner it can concentrate its efforts upon improving administrative services throughout the executive branch and make the contribution to governmental efficiency for which it has been designed. Principal among the programs of the Federal Works Agency which are unrelated to the General Services Administration are those of the Public Roads Administration. This agency is primarily engaged in the administration of Federal grants to States for highway purposes rather than in the performance of services for other Federal agencies. Its functions, therefore, do not fall within the field of activities of the General Services Administration. Their inclusion cannot but complicate and impede the development of the General Services Administration in the performance of its intended purpose. This reorganization plan will eliminate such a difficulty. Since the Public Roads Administration will be transferred bodily from one major agency to another, it is not to be expected that this reorganization will directly result in any appreciable reduction in its expenditures at this time. However, the plan will make for better organization and direction of Federal programs relating to transportation. Assuming the early enactment of the Federal Property and Administrative Services bill, the plan will also materially simplify the development of the proposed General Services Administration and thereby facilitate improvements in the efficiency of administrative services throughout the Government. Harry S. Truman. The White House, June 20, 1949. ------DocID 8960 Document 12 of 2641------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 7 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 7 OF 1950 -MISC1- Reorganization Plan No. 7 of 1950, which proposed reorganizations in the Interstate Commerce Commission, was submitted to Congress on Mar. 13, 1950, and was disapproved by the Senate on May 17, 1950. ------DocID 8989 Document 13 of 2641------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 7 OF 1953 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 7 OF 1953 -MISC1- Reorg. Plan No. 7 of 1953, 18 F.R. 4541, 67 Stat. 639, which established the Foreign Operations Administration and transferred certain functions to the Director, including functions of the Director for Mutual Security, was repealed by Pub. L. 87-195, pt. III, Sec. 642(a)(1), Sept. 4, 1961, 75 Stat. 460. ------DocID 9003 Document 14 of 2641------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 7 OF 1961 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 7 OF 1961 -MISC1- EFF. AUG. 12, 1961, 26 F.R. 7315, 75 STAT. 840, AS AMENDED PUB. L. 88-426, TITLE III, SEC. 305(19), AUG. 14, 1964, 78 STAT. 425; PUB. L. 91-469, SEC. 38, OCT. 21, 1970, 84 STAT. 1036 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 12, 1961, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). MARITIME FUNCTIONS PART I. FEDERAL MARITIME COMMISSION SECTION 101. CREATION OF FEDERAL MARITIME COMMISSION (a) There is hereby established a Federal Maritime Commission, hereinafter referred to as the Commission. (b) The Commission shall not be a part of any executive department or under the authority of the head of any executive department. SEC. 102. COMPOSITION OF THE COMMISSION (a) The Commission shall be composed of five Commissioners, who shall be appointed by the President by and with the advice and consent of the Senate. Each Commissioner shall be removable by the President for inefficiency, neglect of duty, or malfeasance in office. (b) The President shall from time to time designate one of the Commissioners to be the Chairman of the Commission. (c) Of the first five Commissioners appointed hereunder, one shall be appointed for a term expiring on June 30, 1962, one for a term expiring on June 30, 1963, one for a term expiring on June 30, 1964, and two for terms expiring on June 30, 1965. Their successors shall be appointed for terms of four years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he succeeds. Not more than three of the Commissioners shall be appointed from the same political party. A vacancy in the office of any such Commissioner shall be filled in the same manner as the original appointment. (d) A vacancy in the Commission, so long as there shall be three Commissioners in office, shall not impair the power of the Commission to execute its functions. Any three of the Commissioners in office shall constitute a quorum for the transaction of the business of the Commission and the affirmative votes of any three Commissioners shall be sufficient for the disposition of any matter which may come before the Commission. (As amended Pub. L. 88-426, title III, Sec. 305(19)(A), Aug. 14, 1964, 78 Stat. 425.) (Commissioners of the Federal Maritime Commission appointed to five-year terms, appointed to vacancies only for unexpired term, and to serve until appointment and qualification of successor, see Pub. L. 89-56, set out as a Federal Maritime Commission; Term of Office; Vacancies; Continuity of Service note under section 1111 of Title 46, Appendix, Shipping.) SEC. 103. TRANSFER OF FUNCTIONS TO COMMISSION The following functions, which are now vested in the Federal Maritime Board under the provisions of Reorganization Plan No. 21 of 1950 (64 Stat. 1273), are hereby transferred from that Board to the Commission: (a) All functions under the provisions of sections 14-20, inclusive, and sections 22-33, inclusive, of the Shipping Act, 1916, as amended (46 U.S.C. 812-819 and 821-832), including such functions with respect to the regulation and control of rates, services, practices, and agreements of common carriers by water and of other persons. (b) All functions with respect of the regulation and control of rates, fares, charges, classifications, tariffs, regulations, and practices of common carriers by water under the provisions of the Intercoastal Shipping Act, 1933, as amended (46 U.S.C. 843-848). (c) The functions with respect to the making of rules and regulations affecting shipping in the foreign trade to adjust or meet conditions unfavorable to such shipping, and with respect to the approval, suspension, modification, or annulment of rules or regulations of other Federal agencies affecting shipping in the foreign trade, under the provisions of section 19 of the Merchant Marine Act, 1920, as amended (46 U.S.C. 876), exclusive of subsection (1)(a) thereof. (d) The functions with respect to investigating discriminatory rates, charges, classifications, and practices in the foreign trade, and with respect to recommending legislation to correct such discrimination, under the provisions of section 212(e) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1122(f)). (e) To the extent that they relate to functions transferred to the Commission by the foregoing provisions of this section: (1) The functions with respect to requiring the filing of reports, accounts, records, rates, charges, and memoranda, under the provisions of section 21 of the Shipping Act, 1916, as amended (46 U.S.C. 820). (2) The functions with respect to adopting rules and regulations, making reports and recommendations to Congress, subpoenaing witnesses, administering oaths, taking evidence, and requiring the production of books, papers, and documents, under the provisions of sections 204, 208, and 214 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1114, 1118, and 1124). SEC. 104. TRANSFER OF FUNCTIONS TO CHAIRMAN There are hereby transferred to the Chairman of the Commission: (a) The functions of the Chairman of the Federal Maritime Board, including his functions derived from the provisions of Reorganization Plan No. 6 of 1949, to the extent that they relate to the functions transferred to the Commission by the provisions of section 103 of this reorganization plan. (b) The functions of the Secretary of Commerce to the extent that they are necessary for, or incidental to, the administration of the functions transferred to the Commission by the provisions of section 103 of this reorganization plan. SEC. 105. AUTHORITY TO DELEGATE (a) 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 sections 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. (d) There are hereby transferred to the Chairman of the Commission the functions 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 the foregoing subsections of this section. PART II. DEPARTMENT OF COMMERCE SECTION 201. MARITIME ADMINISTRATOR There shall be at the head of the Maritime Administration (established by the provisions of Part II of Reorganization Plan No. 21 of 1950) a Maritime Administrator, hereinafter referred to as the Administrator. The Assistant Secretary of Commerce for Maritime Affairs shall, ex officio, be the Administrator. The Administrator shall perform such duties as the Secretary of Commerce shall prescribe. (As amended Pub. L. 88-426, title III, Sec. 305(19)(B), Aug. 14, 1964, 78 Stat. 425; Pub. L. 91-469, Sec. 38(a), Oct. 21, 1970, 84 Stat. 1036.) SEC. 202. FUNCTIONS OF SECRETARY OF COMMERCE (a) Except to the extent inconsistent with the provisions of sections 101(b) or 104(b) of this reorganization plan, there shall remain vested in the Secretary of Commerce all the functions conferred upon the Secretary by the provisions of Reorganization Plan No. 21 of 1950. (b) There are hereby transferred to the Secretary of Commerce: (1) All functions of the Federal Maritime Board under the provisions of sections 105(1) to 105(3), inclusive, of Reorganization Plan No. 21 of 1950. (2) Except to the extent transferred to the Commission by the provisions of section 103(e) of this reorganization plan, the functions described in the said section 103(e). (3) Any other functions of the Federal Maritime Board not otherwise transferred by the provisions of Part I of this reorganization plan. (4) Except to the extent transferred to the Chairman of the Commission by the provisions of Part I of this reorganization plan, the functions of the Chairman of the Federal Maritime Board. SEC. 203. DELEGATION OF FUNCTIONS The provisions of sections 2 and 4 of Reorganization Plan No. 5 of 1950 (64 Stat. 1263) shall be applicable to all functions transferred to the Secretary of Commerce by, or remaining vested in him under, the provisions of this reorganization plan. PART III. GENERAL PROVISIONS SECTION 301. CONFLICT OF INTEREST The provisions of the last sentence of section 201(b) of the Merchant Marine Act, 1936, as affected by the provisions of Reorganization Plan No. 21 of 1950 (46 U.S.C. 1111(b)) (prohibiting the members of the Federal Maritime Board and all officers and employees of that Board or of the Maritime Administration from being in the employ of any other person, firm, or corporation, or from having any pecuniary interest in or holding any official relationship with any carrier by water, shipbuilder, contractor, or other person, firm, association, or corporation with whom the Federal Maritime Board or the Maritime Administration may have business relations) shall hereafter be applicable to the Commissioners composing the Commission and all officers and employees of the Commission. (As amended Pub. L. 91-469, Sec. 38(b), Oct. 21, 1970, 84 Stat. 1036.) SEC. 302. INTERIM APPOINTMENTS Pending the initial appointments hereunder of the Commissioners composing the Commission and of the Maritime Administrator, but not for a period exceeding 90 days, such officers of the executive branch of the Government (including any person who is a member of the Federal Maritime Board or Deputy Maritime Administrator immediately prior to the taking effect of the provisions of this reorganization plan) as the President shall designate under the provisions of this section shall be Acting Commissioners of the Federal Maritime Commission or Acting Maritime Administrator. The President may designate one of such Acting Commissioners as Acting Chairman of the Commission. Any person who is not while serving under an interim appointment pursuant to the foregoing provisions of this section receiving compensation attached to another Federal office shall receive the compensation herein provided for the office wherein he serves in an interim capacity. SEC. 303. 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 Commission or to the Chairman of the Commission by the provisions of Part I of this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Commission at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effecuate the transfers provided for 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) Subject to the foregoing provisions of this section, the Secretary of Commerce may transfer within the Department of Commerce personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with functions which were transferred to the Department of Commerce (including the Federal Maritime Board and the Chairman thereof) by the provisions of Reorganization Plan No. 21 of 1950. SEC. 304. ABOLITION OF FEDERAL MARITIME BOARD The Federal Maritime Board, including the offices of the members of the Board, is hereby abolished, and the Secretary of Commerce shall provide for the termination of any outstanding affairs of the said Board not otherwise provided for in this reorganization plan. SEC. 305. STATUS OF PRIOR PLAN The following provisions of Reorganization Plan No. 21 of 1950 are hereby superseded: (1) Part I. (2) Section 202. (3) Sections 302 to 307, inclusive. (For further details relating to the Federal Maritime Commission, see 46 U.S.C. 1111 and notes set out thereunder.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 7 of 1961, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for the reorganization of maritime functions. The basic objective of the plan is to strengthen and revitalize the administration of our Federal programs concerned with the promotion and development of the U.S. merchant marine by concentrating responsibility in separate agencies for the performance of regulatory and promotional functions. The plan provides, therefore, for the creation of a separate Federal Maritime Commission, composed of five Commissioners, which would be charged with the regulatory functions of the present Federal Maritime Board. There would be transferred from the Federal Maritime Board to the Secretary of Commerce the award of subsidies and related promotional functions. The Secretary of Commerce would retain the functions transferred to him by Reorganization Plan No. 21 of 1950 which reorganized the U.S. Maritime Commission into a Federal Maritime Board and a Maritime Administration in the Department of Commerce. The plan retains the present Maritime Administration, provides for an Administrator as head thereof, retains a Deputy Maritime Administrator, and effects no change in the Office of the Under Secretary of Commerce for Transportation. The Federal Maritime Board is abolished. Existing organizational arrangements have not proved to be satisfactory. The development and maintenance of a sound maritime industry require that the Federal Government carry out its dual responsibilities for regulation and promotion with equal vigor and effectiveness. Intermingling of regulatory and promotional functions has tended in this instance to dilute responsibility and has led to serious inadequacies, particularly in the administration of regulatory functions. Recent findings by committees of the Congress disclose serious violations of maritime laws and point to the urgent need for a reorganization to vest in completely separate agencies a responsibility for (1) regulatory functions and (2) promotional and operating functions. The plan would provide the most appropriate organizational framework for each of the functions concerned. Regulation would be made the exclusive responsibility of a separate commission organized along the general lines of other regulatory agencies. On the other hand, nonregulatory functions, including the determination and award of subsidies and other promotional and operating activities, would be concentrated in the head of the Department of Commerce. The Secretary of Commerce is best qualified to coordinate these activities with other transportation and related economic programs. The vesting of all subsidy functions in the Secretary of Commerce will make it possible for the Congress and the President to hold a single official responsible and accountable for the effective conduct of all aspects of this program, including the size and character of the fleet under the U.S. flag, the need for Government assistance, and requirements for appropriations to support subsidy programs. Furthermore, the placing of these functions in the Secretary of Commerce will assure essential supervision and review of subsidy awards. The taking effect of the reorganizations included in the accompanying reorganization plan will result in a modest increase in expenditures. The improved organizational alinements provided by the plan will, however, make possible a more effective and expeditious administration of the statutory objectives to foster and promote a U.S. merchant marine capable of meeting the Nation's needs in peace and war. Failure to meet these objectives would be far more costly than the anticipated increase in expenditures under the plan. After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 7 of 1961 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 have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of new officers specified in sections 102 and 201 of the plan. The rates of compensation fixed for these officers are, respectively, those which I have found to prevail in respect of comparable officers in the executive branch of the Government. I recommend that the Congress allow the reorganization plan to become effective. John F. Kennedy. The White House, June 12, 1961. ------DocID 6922 Document 15 of 2641------ -CITE- 2 USC Sec. 7 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 7. Time of election -STATUTE- The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter. -SOURCE- (R.S. Sec. 25; Mar. 3, 1875, ch. 130, Sec. 6, 18 Stat. 400; June 5, 1934, ch. 390, Sec. 2, 48 Stat. 879.) -COD- CODIFICATION R.S. Sec. 25 derived from act Feb. 2, 1872, ch. 11, Sec. 3, 17 Stat. 28. The second sentence of this section, which was based on section 6 of the act Mar. 3, 1875 and made this section inapplicable to any State that had not yet changed its day of election and whose constitution required an amendment to change the day of election of its State officers, was omitted. -MISC3- AMENDMENTS 1934 - Act June 5, 1934, substituted '3d day of January' for 'fourth day of March'. CONSTITUTIONAL PROVISIONS The first section of Amendment XX to the Constitution provides: 'The terms of Senators and Representatives (shall end) at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.' -CROSS- CROSS REFERENCES Time for election of Representatives, see Const. Art. I, Sec. 4, cl. 1. ------DocID 9048 Document 16 of 2641------ -CITE- 7 USC CHAPTER 1 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- CHAPTER 1 - COMMODITY EXCHANGES -MISC1- Sec. 1. Short title. 2. Definitions. 2a. Designation of boards of trade as contract markets; approval by and jurisdiction of Commodity Futures Trading Commission and Securities and Exchange Commission. 3. Transaction in interstate commerce. 4. Liability of principal for act of agent. 4a. Commodity Futures Trading Commission (a) Establishment; composition; term of Commissioners. (b) Vacancies. (c) General Counsel. (d) Executive Director. (e) Powers and functions of Chairman. (f) Conflict of interest. (g) Liaison with Department of Agriculture; communications with Department of Treasury, Federal Reserve Board, and Securities and Exchange Commission; application by a board of trade for designation as a contract market for future delivery of securities. (h) Transmittal of budget requests and legislative recommendations to Congressional committees. (i) Seal. (j) Rules and regulations. 5. Legislative findings. 6. Restriction of futures trading to contract markets; regulation of foreign transactions by United States persons. 6a. Excessive speculation as burden on interstate commerce; trading or position limits; control; hedging transactions; application of section; rulemaking power of contract markets and penalties for violation. 6b. Contracts designed to defraud or mislead; bucketing orders; buying and selling orders for commodity. 6c. Prohibited transactions. (a) Meretricious transactions. (b) Regulated option trading. (c) Regulations for elimination of pilot status of commodity option transactions; terms and conditions of options trading. (d) Dealer options exempt from subsections (b) and (c) prohibitions; requirements. (e) Rules and regulations. (f) Nonapplicability to foreign currency options. 6d. Dealing by unregistered futures commission merchants or introducing brokers prohibited; duties of merchants regarding monies and securities of customers. 6e. Floor brokers; dealings by unregistered broker prohibited. 6f. Registration of futures commission merchants, introducing brokers, and floor brokers; financial requirements for futures commission merchants and introducing brokers. 6g. Reporting and recordkeeping. 6h. False self-representation as contract market member prohibited. 6i. Reports of deals equal to or in excess of trading limits; books and records; cash and controlled transactions. 6j. Trades and executions by floor brokers; trades by futures commission merchants. 6k. Registration of associates of futures commission merchants, commodity pool operators, and commodity trading advisors; required disclosure of disqualifications. 6l. Commodity trading advisors and commodity pool operators; Congressional finding. 6m. Use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators; relation to other law. 6n. Registration of commodity trading advisors and commodity pool operators; application; expiration and renewal; record keeping and reports; disclosure; statements of account. 6o. Fraud and misrepresentation by commodity trading advisors, commodity pool operators, and associated persons. 6p. Standards and examinations. 7. Designation of board of trade as 'contract market'; conditions and requirements. 7a. Duties of contract markets. (1) Bylaws, rules, etc.; furnishing copies to Commission. (2) Access for inspection of books and records. (3) Books and records of warehouses; keeping and inspection. (4) Periods of delivery; provisions for. (5) Notice of date of intended delivery. (6) United States standards; conformity of grades to. (7) Warehouse receipts as satisfaction of futures contract. (8) Enforcement and revocation of contract market rules. (9) Enforcement of bylaws, etc., providing minimum financial standards and related reporting requirements. (10) Delivery points. (11) Settlement of customers' claims and grievances. (12) Commission approval of bylaws, rules, regulations, and resolutions. 7b. Suspension or revocation of designation as 'contract market.' 8. Application for designation as 'contract market'; time; suspension or revocation of designation; hearing; review by court of appeals. 9. Exclusion of persons from privilege of 'contract markets'; procedure for exclusion; review by court of appeals. 9a. Assessment of money penalties. 10. Repealed. 10a. Cooperative associations and corporations, exclusion from board of trade; rules of board inapplicable to payment of compensation by association. 11. Vacation on request of designation as 'contract market'; redesignation. 12. Public disclosure. (a) Investigations respecting operations of boards of trade and others subject to this chapter; publication of results; restrictions. (b) Business matters; congressional, administrative, judicial, and bankruptcy proceedings. (c) Reports respecting conduct of boards of trade or transactions of violators; contents. (d) Investigations respecting marketing conditions of commodities and commodity products and byproducts; reports. (e) Names and addresses of traders of boards of trade previously disclosed; disclosure to Congress and agencies or departments of States or foreign governments. (f) Compliance with subpena after notice to informant; congressional subpenas and requests for information excepted. (g) Requests for information by State agencies or subdivisions; volunteering of information by Commission. (h) Annual report to Congress. (i) Review and audits by Comptroller General. 12-1 to 12-3. Omitted. 12a. Registration of commodity dealers and associated persons; regulation of contract markets. 12b. Trading ban violations; prohibition. 12c. Disciplinary actions; notice; review of action by Commission. 12d. Commission action for noncompliance with export sales reporting requirements. 13. Violations generally; punishment; costs of prosecution. (a) Penalty for embezzlement and larcenous actions; limit for individuals; value; suspension. (b) Penalty for price manipulation, cornering, and fraudulent information; suspension. (c) Misdemeanors; suspension. (d) Transactions by Commissioners and Commission employees prohibited. (e) Use of information by Commissioners and Commission employees prohibited. 13-1. Violations, prohibition against dealings in onion futures; punishment. 13a. Nonenforcement of rules of government or other violations; cease and desist orders; fines and penalties; imprisonment; misdemeanor; separate offenses. 13a-1. Action to enjoin or restrain violations; compliance; writs and orders; jurisdiction and venue; process. 13a-2. Jurisdiction of States. 13b. Manipulations or other violations; cease and desist orders against persons other than contract markets; punishment; misdemeanor or felony; separate offenses. 13c. Responsibility as principal; minor violations. 14. Repealed. 15. Enforcement powers of Commission. 15a. Repealed. 15b. Cotton futures contracts. (a) Short title. (b) Repeal of tax on cotton futures. (c) Definitions. (d) Bona fide spot markets and commercial differences. (e) Form and validity of cotton futures contracts. (f) Basis grade contracts. (g) Tendered grade contracts. (h) Specific grade contracts. (i) Liability of principal for acts of agent. (j) Regulations. (k) Violations. (l) Applicability to contracts prior to effective date. (m) Authorization. 16. Commission operations. (a) Cooperation with other agencies. (b) Employment of investigators, experts, Administrative Law Judges, consultants, clerks, and other personnel; contracts. (c) Expenses. (d) Authorization of appropriations. (e) Relation to other laws, departments, or agencies. 16a. Service fees and National Futures Association study. (a) Development and implementation of plan for user fees; report to and approval by Congressional committees. (b) National Futures Association regulatory experience; report; contents. (c) Schedule of fees for services, activities and functions; notice and hearing; actual cost standard. 17. Separability. 17a. Separability of 1936 amendment. 17b. Separability of 1968 amendment. 18. Complaints against registered persons. (a) Petition for actual damages. (b) Rules and regulations; control over right of appeal. (c) Bond requirement when complainant is nonresident; waiver. (d) Enforcement of reparation award. (e) Review. (f) Automatic bar from trading and suspension for noncompliance; effect of appeal. (g) Effective date. 19. Antitrust laws; anticompetitive means. 20. Market reports. (a) Information. (b) Avoidance of duplication. (c) Furnishing of information; confidentiality. (d) Disclosure of business transactions, market positions, trade secrets, or names of customers. 21. Registered futures associations. (a) Registration statement. (b) Standards for registration; Commission findings. (c) Suspension of registration. (d) Fees and charges. (e) Registered persons not members of registered associations. (f) Denial of registration. (g) Withdrawal from registration; notice of withdrawal. (h) Commission review of disciplinary actions taken by registered futures associations. (i) Notice; hearing; findings; cancellation, reduction, or remission of penalties; review by court of appeals. (j) Changes or additions to association rules. (k) Abrogation of association rules; requests to associations by Commission to alter or supplement rules. (l) Suspension and revocation of registration; expulsion of members; removal of association officers or directors. (m) Rules requiring membership in associations. (n) Reports to Congress. (o) Delegation to futures associations of registrative functions; discretionary review by Commission; judicial appeal. (p) Establishment of rules for futures associations; approval by Commission. (q) Program for implementation of rules. 22. Research and information programs; reports to Congress. 23. Standardized contracts for certain commodities. (a) Margin accounts or contracts and leverage accounts or contracts prohibited except as authorized. (b) Permission to enter into contracts for delivery of silver or gold bullion, bulk silver or gold coins, or platinum; rules and regulations. (c) Survey of persons interested in engaging in transactions of silver and gold, etc.; assistance of futures association; regulations. (d) Savings provision. 24. Regulations respecting commodity broker debtors; definitions. 25. Private rights of action. (a) Actual damages; actionable transactions; exclusive remedy. (b) Liabilities of organizations and individuals; bad faith requirement; exclusive remedy. (c) Jurisdiction. (d) Dates of application to actions. 26. Special studies. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 15b, 16a, 499n of this title; title 11 section 761; title 15 sections 78c, 78o, 80a-9, 80b-3, 431; title 26 section 277. ------DocID 9049 Document 17 of 2641------ -CITE- 7 USC Sec. 1 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 1. Short title -STATUTE- This chapter may be cited as the 'Commodity Exchange Act.' -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 1, 42 Stat. 998; June 15, 1936, ch. 545, Sec. 1, 49 Stat. 1491.) -MISC1- PRIOR PROVISIONS This chapter superseded act Aug. 24, 1921, ch. 86, 42 Stat. 187, known as 'The Future Trading Act,' which act was declared unconstitutional, at least in part, in Hill v. Wallace, Ill. 1922, 42 S.Ct. 453, 259 U.S. 44, 66 L.Ed. 822. Section 3 of that act was found unconstitutional as imposing a penalty in Trusler v. Crooks, Mo. 1926, 46 S.Ct. 165, 269 U.S. 475, 70 L.Ed. 365. AMENDMENTS 1936 - Act June 15, 1936, substituted 'Commodity Exchange Act' for 'The Grain Futures Act'. EFFECTIVE DATE OF 1936 AMENDMENT Section 13 of act June 15, 1936, provided that: 'All provisions of this Act (see Tables for classification) authorizing the registration of futures commission merchants and floor brokers, the fixing of fees and charges therefor, the promulgation of rules, regulations and orders, and the holding of hearings precedent to the promulgation of rules, regulations, and orders shall be effective immediately. All other provisions of this Act shall take effect ninety days after the enactment of this Act (June 15, 1936).' SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-641, Sec. 1, Nov. 10, 1986, 100 Stat. 3556, provided that: 'This Act (enacting section 2271a of this title, amending sections 2a, 6b, 6c, 7a, 13, 13a-1, 15, 16, 21, 23, 74, 87b, 1444, 1445b-3, and 1445c-2 of this title, sections 590h and 3831 of Title 16, Conservation, sections 606, 609, 621, 671, and 676 of Title 21, Food and Drugs, repealing section 14 of this title, and enacting provisions set out as notes under sections 20, 71, 76, 87b, and 2271a of this title and sections 601, 606, 609, 621, 671, and 676 of Title 21) may be cited as the 'Futures Trading Act of 1986'.' SHORT TITLE OF 1983 AMENDMENT Pub. L. 97-444, Sec. 1, Jan. 11, 1983, 96 Stat. 2294, provided: 'That this Act (enacting sections 2a, 12d, 25, and 26 of this title, amending sections 2, 4, 4a, 5, 6, 6a, 6c, 6d, 6f, 6g, 6h, 6i, 6k, 6m, 6n, 6o, 6p, 7a, 8, 9, 12, 12a, 13, 13a-1, 13a-2, 13c, 16, 16a, 18, 20, 21, 23, and 612c-3 of this title, and enacting provisions set out as a note under section 2 of this title) may be cited as the 'Futures Trading Act of 1982'.' SHORT TITLE OF 1978 AMENDMENT Pub. L. 95-405, Sec. 1, Sept. 30, 1978, 92 Stat. 865, provided: 'That this Act (enacting sections 13a-2, 16a, and 23 of this title, amending sections 2, 4a, 6c, 6d, 6f, 6g, 6k, 6m, 6n, 6o, 7a, 8, 12, 12a, 12c, 13, 13a, 15, 16, 18, and 21 of this title and section 6001 of Title 18, Crimes and Criminal Procedure, repealing section 15a of this title, omitting sections 12-1 to 12-3 of this title, and enacting provisions set out as notes under sections 2 and 20 of this title) may be cited as the 'Futures Trading Act of 1978'.' SHORT TITLE OF 1974 AMENDMENT Pub. L. 93-463, Sec. 1, Oct. 23, 1974, 88 Stat. 1389, provided: 'That this Act (enacting sections 4a, 6j, 6k, 6l, 6m, 6n, 6o, 6p, 9a, 12-2, 13-3, 12c, 13a-1, 15a, 18, 19, 20, 21, and 22 of this title, amending sections 2, 4, 6, 6a, 6b, 6c, 6d, 6e, 6f, 6g, 6i, 7, 7a, 7b, 8, 9, 11, 12, 12-1, 12a, 12b, 13, 13a, 13b, 13c, 15, and 16 of this title and sections 5314, 5315, 5316, and 5108 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 2, 4a, and 6a of this title) may be cited as the 'Commodity Futures Trading Commission Act of 1974'.' -CROSS- CROSS REFERENCES Power of Congress to regulate interstate commerce, see Const. Art. 1, Sec. 8, cl. 3. ------DocID 9050 Document 18 of 2641------ -CITE- 7 USC Sec. 2 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 2. Definitions -STATUTE- For the purposes of this chapter 'contract of sale' shall be held to include sales, agreements of sale, and agreements to sell. The word 'person' shall be construed to import the plural or singular, and shall include individuals, associations, partnerships, corporations, and trusts. The word 'commodity' shall mean wheat, cotton, rice, corn, oats, barley, rye, flaxseed, grain sorghums, mill feeds, butter, eggs, Solanum tuberosum (Irish potatoes), wool, wool tops, fats and oils (including lard, tallow, cottonseed oil, peanut oil, soybean oil and all other fats and oils), cottonseed meal, cottonseed, peanuts, soybeans, soybean meal, livestock, livestock products, and frozen concentrated orange juice, and all other goods and articles, except onions as provided in section 13-1 of this title, and all services, rights, and interests in which contracts for future delivery are presently or in the future dealt in: Provided, That the Commission shall have exclusive jurisdiction, except to the extent otherwise provided in section 2a of this title, with respect to accounts, agreements (including any transaction which is of the character of, or is commonly known to the trade as, an 'option', 'privilege', 'indemnity', 'bid', 'offer', 'put', 'call', 'advance guaranty', or 'decline guaranty'), and transactions involving contracts of sale of a commodity for future delivery, traded or executed on a contract market designated pursuant to section 7 of this title or any other board of trade, exchange, or market, and transactions subject to regulation by the Commission pursuant to section 23 of this title: And provided further, That, except as hereinabove provided, nothing contained in this section shall (i) supersede or limit the jurisdiction at any time conferred on the Securities and Exchange Commission or other regulatory authorities under the laws of the United States or of any State, or (ii) restrict the Securities and Exchange Commission and such other authorities from carrying out their duties and responsibilities in accordance with such laws. Nothing in this section shall supersede or limit the jurisdiction conferred on courts of the United States or any State. Nothing in this chapter shall be deemed to govern or in any way be applicable to transactions in foreign currency, security warrants, security rights, resales of installment loan contracts, repurchase options, government securities, or mortgages and mortgage purchase commitments, unless such transactions involve the sale thereof for future delivery conducted on a board of trade. The term 'future delivery', as used in this chapter, shall not include any sale of any cash commodity for deferred shipment or delivery. The words 'board of trade' shall be held to include and mean any exchange or association, whether incorporated or unincorporated, of persons who shall be engaged in the business of buying or selling any commodity or receiving the same for sale on consignment. The words 'interstate commerce' shall be construed to mean commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof, or within any Territory or possession, or the District of Columbia. The words 'cooperative association of producers' shall mean any cooperative association, corporate or otherwise, not less than 75 per centum in good faith owned or controlled, directly or indirectly, by producers of agricultural products and otherwise complying with sections 291 and 292 of this title, including any organization acting for a group of such associations and owned or controlled by such associations, provided that business done for or with the United States of America, or any agency thereof, shall not be considered either member or nonmember business in determining the compliance of any such association with said sections. The words 'member of a contract market' shall mean and include individuals, associations, partnerships, corporations, and trusts owning or holding membership in, or admitted to membership representation on, a contract market or given members' trading privileges thereon. The words 'futures commission merchant' shall mean and include individuals, associations, partnerships, corporations, and trusts engaged in soliciting or in accepting orders for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market and that, in or in connection with such solicitation or acceptance of orders, accepts any money, securities, or property (or extends credit in lieu thereof) to margin, guarantee, or secure any trades or contracts that result or may result therefrom. The term 'introducing broker' shall mean any person, except an individual who elects to be and is registered as an associated person of a futures commission merchant, engaged in soliciting or in accepting orders for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market who does not accept any money, securities, or property (or extend credit in lieu thereof) to margin, guarantee, or secure any trades or contracts that result or may result therefrom. The words 'floor broker' shall mean any person who, in or surrounding any 'pit', 'ring', 'post', or other place provided by a contract market for the meeting of persons similarly engaged, shall purchase or sell for any other person any commodity for future delivery on or subject to the rules of any contract market. The words 'the Commission' shall mean the Commodity Futures Trading Commission established under section 4a of this title. The term 'commodity trading advisor' shall mean any person who, for compensation or profit, engages in the business of advising others, either directly or through publications, writings or electronic media, as to the value of or the advisability of trading in any contract of sale of a commodity for future delivery made or to be made on or subject to the rules of a contract market, any commodity option authorized under section 6c of this title, or any leverage transaction authorized under section 23 of this title, or who, for compensation or profit, and as part of a regular business, issues or promulgates analyses or reports concerning any of the foregoing; but such term does not include (i) any bank or trust company or any person acting as an employee thereof, (ii) any news reporter, news columnist, or news editor of the print or electronic media, or any lawyer, accountant, or teacher, (iii) any floor broker or futures commission merchant, (iv) the publisher or producer of any print or electronic data of general and regular dissemination, including its employees, (v) the fiduciary of any defined benefit plan which is subject to the provisions of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), (vi) any contract market, and (vii) such other persons not within the intent of this definition as the Commission may specify by rule, regulation, or order: Provided, That the furnishing of such services by the foregoing persons is solely incidental to the conduct of their business or profession: Provided further, That the Commission, by rule or regulation, may include within this definition, any person advising as to the value of commodities or issuing reports or analyses concerning commodities, if the Commission determines that such rule or regulation will effectuate the purposes of this provision. The term 'commodity pool operator' shall mean any person engaged in a business which is of the nature of an investment trust, syndicate, or similar form of enterprise, and who, in connection therewith, solicits, accepts, or receives from others, funds, securities, or property, either directly or through capital contributions, the sale of stock or other forms of securities, or otherwise, for the purpose of trading in any commodity for future delivery on or subject to the rules of any contract market, but does not include such persons not within the intent of this definition as the Commission may specify by rule or regulation or by order. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 2(a)(1)(A), formerly Sec. 2(a), 42 Stat. 998; June 15, 1936, ch. 545, Sec. 2, 3, 49 Stat. 1491; Apr. 7, 1938, ch. 108, 52 Stat. 205; Oct. 9, 1940, ch. 786, Sec. 1, 54 Stat. 1059; Aug. 28, 1954, ch. 1041, title VII, Sec. 710(a), 68 Stat. 913; July 26, 1955, ch. 382, Sec. 1, 69 Stat. 375; Feb. 19, 1968, Pub. L. 90-258, Sec. 1, 82 Stat. 26; July 23, 1968, Pub. L. 90-418, 82 Stat. 413; redesignated Sec. 2(a)(1) and amended Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 101(a)(1), (2), title II, Sec. 201, 202, 88 Stat. 1389, 1395; Sept. 30, 1978, Pub. L. 95-405, Sec. 2(1), 92 Stat. 865; redesignated Sec. 2(a)(1)(A) and amended Jan. 11, 1983, Pub. L. 97-444, title I, Sec. 101(a)(1), (2), title II, Sec. 201, 96 Stat. 2294, 2297.) -REFTEXT- REFERENCES IN TEXT The Employee Retirement Income Security Act of 1974, referred to in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 832, as amended, which is classified principally to chapter 18 (Sec. 1001 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables. -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 4 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. -MISC3- AMENDMENTS 1983 - Pub. L. 97-444, Sec. 101(a)(2), inserted in third sentence, first proviso, ', except to the extent otherwise provided in section 2a of this title,' after 'exclusive jurisdiction'. Pub. L. 97-444, Sec. 201(1), inserted definition of 'introducing broker'. Pub. L. 97-444, Sec. 201(2), in revising definition of 'commodity training advisor', included any person advising others through electronic media; substituted provision respecting advising others 'as to the value of or the advisability of trading in any contract of sale of a commodity for future delivery made or to be made on or subject to the rules of a contract market, any commodity option authorized under section 6c of this title, or any leverage transaction authorized under section 23 of this title, or who, for compensation or profit, and as part of a regular business, issues or promulgates analyses or reports concerning any of the foregoing' for provision respecting advising others 'as to the value of commodities or as to the advisability of trading in any commodity for future delivery on or subject to the rules of any market, or who for compensation or profit, and as part of a regular business, issues or promulgates analyses or reports concerning commodities'; excluded in item (i) any person acting as an employee of any bank or trust company; substituted in cl. (ii) 'news reporter, news columnist, or news editor of the print or electronic media' for 'newspaper reporter, newspaper columnist, newspaper editor'; substituted in cl. (iv) 'the publisher or producer of any print or electronic data of general and regular dissemination, including its employees' for 'the publisher of any bona fide newspaper magazine, or business or financial publication of general and regular circulation including their employees'; inserted item (v); redesignated as items (vi) and (vii) former items (v) and (vi); and authorized Commission to effectuate purposes of definition by rule or regulation by including within definition any person advising as to the value of commodities or issuing reports or analyses concerning commodities. 1978 - Pub. L. 95-405 substituted 'section 23 of this title' for 'section 15a of this title'. 1974 - Pub. L. 93-463 struck out 'onions,' after 'eggs,' in definition of 'commodity' and inserted provisions to that definition to include as commodities all other goods and articles, except onions as provided in section 13-1 of this title, and all services, rights, and interests in which contracts for the future delivery are presently or in the future dealt in, inserted definitions for 'commodity trading advisor' and 'commodity pool operator', and, as definition of 'the Commission', substituted 'Commodity Futures Trading Commission established under section 4a of this title' for 'Commodity Exchange Commission, consisting of the Secretary of Agriculture, the Secretary of Commerce, and the Attorney General, or an official or employee of each of the executive departments concerned, designated by the Secretary of Agriculture, the Secretary of Commerce, and the Attorney General, respectively; and the Secretary of Agriculture or his designee shall serve as Chairman'. 1968 - Pub. L. 90-418 extended definition of 'commodity' in third sentence to include frozen concentrated orange juice. Pub. L. 90-258, Sec. 1(a), extended definition of 'commodity' in third sentence to include livestock and livestock products. Pub. L. 90-258, Sec. 1(b), substituted in definition of 'floor broker' in penultimate sentence 'purchase or sell for any other person' for 'engage in executing for others any order for the purchase or sale of' and struck out provision for receipt or acceptance of any commission or other compensation for services as a floor broker. Pub. L. 90-258, Sec. 1(c), provided in last sentence for representation on the Commission of Secretary of Agriculture, Secretary of Commerce, and Attorney General by an official or employee designated from executive department concerned and for service of Secretary of Agriculture or his designee as Chairman. 1955 - Act July 26, 1955, extended 'commodity' to onions. 1954 - Act Aug. 28, 1954, extended 'commodity' to wool. 1940 - Act Oct. 9, 1940, extended 'commodity' to fats and oils (including lard, tallow, cottonseed oil, peanut oil, soybean oil, and all other fats and oils), cottonseed meal, cottonseed, peanuts, soybeans and soybean meal. 1938 - Act Apr. 7, 1938, extended 'commodity' to wool tops. 1936 - Act June 15, 1936, substituted 'commodity', 'any commodity', or 'commodities', as the case may require, for 'grain' wherever appearing, and 'any cash commodity' for 'cash grain', and inserted definitions of 'cooperative association of producers,' 'member of a contract market', 'futures commission merchant', 'floor broker' and 'the commission.' EFFECTIVE DATE OF 1983 AMENDMENT Section 239 of Pub. L. 97-444 provided that: 'This Act (see Short Title of 1983 Amendment note set out under section 1 of this title) shall be effective upon the date of enactment of this Act (Jan. 11, 1983), except that sections 207, 212, and 231 of this Act (amending sections 6d, 6k, and 18 of this title) shall be effective one hundred and twenty days after the date of enactment of this Act, or such earlier date as the Commodity Futures Trading Commission shall prescribe by regulation.' EFFECTIVE DATE OF 1978 AMENDMENT Section 28 of Pub. L. 95-405 provided that: 'Except as otherwise provided in this Act, the provisions of this Act (see Short Title of 1978 Amendment note set out under section 1 of this title) shall become effective October 1, 1978.' EFFECTIVE DATE OF 1974 AMENDMENT Section 418 of Pub. L. 93-463 provided that: '(a) Except as otherwise provided specifically in this Act, the effective date of this Act (see Short Title note set out under section 1 of this title) shall be the 180th day after enactment (Oct. 23, 1974). The Commission referred to in section 101 (Commodity Futures Trading Commission) is hereby established effective immediately on enactment of this Act (Oct. 23, 1974). Sections 102 and 410 (amending sections 5108, 5314, 5315, and 5316 of title 5) shall be effective immediately on enactment of this Act (Oct. 23, 1974). Activities necessary to implement the changes effected by this Act may be carried out after the date of enactment (Oct. 23, 1974) and before as well as after the 180th day thereafter. Activities to be carried out after the date of enactment (Oct. 23, 1974) and before the 180th day thereafter may include, but are not limited to the following: Designation of boards of trade as contract markets, registration of futures commission merchants, floor brokers, and other persons required to be registered under the Act (this chapter), approval or modification of bylaws, rules, regulations, and resolutions of contract markets, and issuance of regulations, effective on or after the 180th day after enactment (Oct. 23, 1974); appointment and compensation of the members of the Commission; hiring and compensation of staff; and conducting of investigations and hearings. Nothing in this Act shall limit the authority of the Secretary of Agriculture or the Commodity Exchange Commission under the Commodity Exchange Act, as amended, prior to the 180th day after enactment of this Act (Oct. 23, 1974). '(b) Funds appropriated for the administration of the Commodity Exchange Act, as amended (this chapter), may be used to implement this Act (see Short Title note under section 4a of this title) immediately after the date of enactment of this Act (Oct. 23, 1974).' EFFECTIVE DATE OF 1968 AMENDMENT Section 28 of Pub. L. 90-258 provided that: 'This Act (enacting sections 12b, 13b, 13c, and 17b, and amending sections 2, 6a, 6b, 6d, 6f, 6g, 6i, 7, 7a, 7b, 8, 9, 12, 12-1, 12a, 13, and 13a of this title) shall become effective one hundred and twenty days after enactment (Feb. 19, 1968).' EFFECTIVE DATE OF 1955 AMENDMENT Section 2 of act July 26, 1955, provided that: 'This Act (amending this section) shall take effect sixty days after the date of its enactment (July 26, 1955).' EFFECTIVE DATE OF 1954 AMENDMENT Section 710(b) of act Aug. 28, 1954, provided that: 'The amendment made by this section (amending this section) shall become effective sixty days after the date of enactment of this Act (Aug. 28, 1954).' EFFECTIVE DATE OF 1940 AMENDMENT Section 2 of act Oct. 9, 1940, provided that: 'This Act (amending this section) shall take effect sixty days after the date of its enactment (Oct. 9, 1940).' EFFECTIVE DATE OF 1936 AMENDMENT Amendment by act June 15, 1936, effective 90 days after June 15, 1936, see section 13 of that act, set out as a note under section 1 of this title. -CROSS- CROSS REFERENCES Onion futures transactions, definitions, applicable, see section 13-1 of this title. Transaction in interstate commerce, see section 3 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6c, 6m of this title. ------DocID 9051 Document 19 of 2641------ -CITE- 7 USC Sec. 2a -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 2a. Designation of boards of trade as contract markets; approval by and jurisdiction of Commodity Futures Trading Commission and Securities and Exchange Commission -STATUTE- Notwithstanding any other provision of law - (i) This chapter shall not apply to and the Commission shall have no jurisdiction to designate a board of trade as a contract market for any transaction whereby any party to such transaction acquires any put, call, or other option on one or more securities (as defined in section 77b(1) of title 15 or section 78c(a)(10) of title 15 on January 11, 1983), including any group or index of such securities, or any interest therein or based on the value thereof. (ii) This chapter shall apply to and the Commission shall have exclusive jurisdiction with respect to accounts, agreements (including any transaction which is of the character of, or is commonly known to the trade as, an 'option', 'privilege', 'indemnity', 'bid', 'offer', 'put', 'call', 'advance guaranty', or 'decline guaranty') and transactions involving, and may designate a board of trade as a contract market in, contracts of sale (or options on such contracts) for future delivery of a group or index of securities (or any interest therein or based upon the value thereof): Provided, however, That no board of trade shall be designated as a contract market with respect to any such contracts of sale (or options on such contracts) for future delivery unless the board of trade making such application demonstrates and the Commission expressly finds that the specific contract (or option on such contract) with respect to which the application has been made meets the following minimum requirements: (I) Settlement of or delivery on such contract (or option on such contract) shall be effected in cash or by means other than the transfer or receipt of any security, except an exempted security under section 77c of title 15 or section 78c(a)(12) of title 15 as in effect on January 11, 1983, (other than any municipal security, as defined in section 78c(a)(29) of title 15 on January 11, 1983); (II) Trading in such contract (or option on such contract) shall not be readily susceptible to manipulation of the price of such contract (or option on such contract), nor to causing or being used in the manipulation of the price of any underlying security, option on such security or option on a group or index including such securities; and (III) Such group or index of securities shall be predominately composed of the securities of unaffiliated issuers and shall be a widely published measure of, and shall reflect, the market for all publicly traded equity or debt securities or a substantial segment thereof, or shall be comparable to such measure. (iii) Upon application by a board of trade for designation as a contract market with respect to any contract of sale (or option on such contract) for future delivery involving a group or index of securities, the Commission shall provide an opportunity for public comment on whether such contracts (or options on such contracts) meet the minimum requirements set forth in clause (ii) of this subparagraph. (iv)(I) The Commission shall consult with the Securities and Exchange Commission with respect to any application which is submitted by a board of trade before December 9, 1982, for designation as a contract market with respect to any contract of sale (or option on such contract) for future delivery of a group or index of securities. If, no later than fifteen days following the close of the public comment period, the Securities and Exchange Commission shall object to the designation of a board of trade as a contract market in such contract (or option on such contract) on the ground that any minimum requirement of clause (ii) of this subparagraph is not met, the Commission shall afford the Securities and Exchange Commission an opportunity for an oral hearing, to be transcribed, before the Commission, and shall give appropriate weight to the views of the Securities and Exchange Commission. Such oral hearing shall be held after the public comment period, prior to Commission action upon such designation, and not less than thirty nor more than forty-five days after the close of the public comment period, unless both the Commission and the Securities and Exchange Commission otherwise agree. If such an oral hearing is held, the Securities and Exchange Commission fails to withdraw its objections, and the Commission issues an order designating a board of trade as a contract market with respect to any such contract (or option on such contract), the Securities and Exchange Commission shall have the right of judicial review of such order in accordance with the standards of section 9 of this title. If, pursuant to sections 8 and 9 of this title, there is a hearing on the record with respect to such application for designation, the Securities and Exchange Commission shall have the right to participate in that hearing as an interested party. (II) Effective for any application submitted by a board of trade on or after December 9, 1982, for designation as a contract market with respect to any contract of sale (or option on such contract) for future delivery of a group or index of securities, the Commission shall transmit a copy of such application to the Securities and Exchange Commission for review. The Commission shall not approve any such application if the Securities and Exchange Commission determines that such contract (or option on such contract) fails to meet the minimum requirements set forth in clause (ii) of this subparagraph. Such determination shall be made by order no later than forty-five days after the close of the public comment period under clause (iii) of this subparagraph. In the event of such determination, the board of trade shall be afforded an opportunity for a hearing on the record before the Securities and Exchange Commission. If a board of trade requests a hearing on the record, the hearing shall commence no later than thirty days following the receipt of the request, and a final determination shall be made no later than thirty days after the close of the hearing. A peson aggrieved by any such order of the Securities and Exchange Commission may obtain judicial review thereof in the same manner and under such terms and conditions as are provided in section 8 of this title. (v) No person shall offer to enter into, enter into, or confirm the execution of any contract of sale (or option on such contract) for future delivery of any security, or interest therein or based on the value thereof, except an exempted security under section 77c of title 15 or section 78c(a)(12) of title 15 as in effect on January 11, 1983 (other than any municipal security as defined in section 78c(a)(29) of title 15 on January 11, 1983), or except as provided in clause (ii) of this subparagraph, any group or index of such securities or any interest therein or based on the value thereof. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 2(a)(1)(B), as added Jan. 11, 1983, Pub. L. 97-444, title I, Sec. 101(a)(3), 96 Stat. 2294; Nov. 10, 1986, Pub. L. 99-641, title I, Sec. 110(1), 100 Stat. 3561.) -COD- CODIFICATION Section is comprised of subsec. (a)(1)(B) of section 2 of the Commodity Exchange Act, act Sept. 21, 1922. Subsec. (a)(1)(A) is classified to sections 2 and 4 of this title. Subsec. (a)(2) to (11) of section 2 of the Commodity Exchange Act is 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. -MISC3- AMENDMENTS 1986 - Par. (iv)(I). Pub. L. 99-641 substituted 'Securities and Exchange Commission' for 'Securities Exchange Commission' before 'otherwise agree'. EFFECTIVE DATE Section effective Jan. 11, 1983, see section 239 of Pub. L. 97-444, set out as an Effective Date of 1983 Amendment note under section 2 of this title. ------DocID 9052 Document 20 of 2641------ -CITE- 7 USC Sec. 3 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 3. Transaction in interstate commerce -STATUTE- For the purposes of this chapter (but not in any wise limiting the definition of interstate commerce in section 2 of this title) a transaction in respect to any article shall be considered to be in interstate commerce if such article is part of that current of commerce usual in the commodity trade whereby commodities and commodity products and by-products thereof are sent from one State, with the expectation that they will end their transit, after purchase, in another, including in addition to cases within the above general description, all cases where purchase or sale is either for shipment to another State, or for manufacture within the State and the shipment outside the State of the products resulting from such manufacture. Articles normally in such current of commerce shall not be considered out of such commerce through resort being had to any means or device intended to remove transactions in respect thereto from the provisions of this chapter. For the purpose of this section the word 'State' includes Territory, the District of Columbia, possession of the United States, and foreign nation. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 2(b), 42 Stat. 998; June 15, 1936, ch. 545, Sec. 2, 49 Stat. 1491.) -COD- CODIFICATION Section constitutes subsec. (b) of section 2 of the Commodity Exchange Act, act Sept. 21, 1922. Part of subsec. (a) of such section 2 is classified to section 2 and the remainder of such subsec. (a) is classified to sections 2a, 4, and 4a of this title. -MISC3- AMENDMENTS 1936 - Act June 15, 1936, substituted 'commodity' and 'commodities', as the case may require, for 'grain' wherever appearing. EFFECTIVE DATE OF 1936 AMENDMENT Amendment by act June 15, 1936, effective 90 days after June 15, 1936, see section 13 of that act, set out as a note under section 1 of this title. -CROSS- CROSS REFERENCES Interstate commerce defined, see section 2 of this title. Power of Congress to regulate interstate commerce, see Const. Art. 1, Sec. 8, cl. 3. ------DocID 9053 Document 21 of 2641------ -CITE- 7 USC Sec. 4 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 4. Liability of principal for act of agent -STATUTE-