I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/12/93 at 01:36:36. Database: USCODE Search: (9:CITE) ------DocID 11762 Document 1 of 200------ -CITE- 9 USC TITLE 9 -EXPCITE- TITLE 9 -HEAD- TITLE 9 - ARBITRATION -MISC1- THIS TITLE WAS ENACTED BY ACT JULY 30, 1947, CH. 392, SEC. 1, 61 STAT. 669 Chap. Sec. 1. General provisions 1 2. Convention on the Recognition and Enforcement of Foreign Arbitral Awards 201 3. Inter-American Convention on International Commercial Arbitration 301 AMENDMENTS 1990 - Pub. L. 101-369, Sec. 2, Aug. 15, 1990, 104 Stat. 450, added item for chapter 3. 1970 - Pub. L. 91-368, Sec. 2, July 31, 1970, 84 Stat. 693, added analysis of chapters. TABLE SHOWING WHERE FORMER SECTIONS OF TITLE 9 AND THE LAWS FROM WHICH SUCH FORMER SECTIONS WERE DERIVED, HAVE BEEN INCORPORATED IN REVISED TITLE 9. --------------------------------------------------------------------- Title 9 Former Statutes at Large Title 9 New Sections Sections --------------------------------------------------------------------- 1 Feb. 12, 1925, ch. 1 213, Sec. 1, 43 Stat. 883 2 Feb. 12, 1925, ch. 2 213, Sec. 2, 43 Stat. 883 3 Feb. 12, 1925, ch. 3 213, Sec. 3, 43 Stat. 883 4 Feb. 12, 1925, ch. 4 213, Sec. 4, 43 Stat. 883 5 Feb. 12, 1925, ch. 5 213, Sec. 5, 43 Stat. 884 6 Feb. 12, 1925, ch. 6 213, Sec. 6, 43 Stat. 884 7 Feb. 12, 1925, ch. 7 213, Sec. 7, 43 Stat. 884 8 Feb. 12, 1925, ch. 8 213, Sec. 8, 43 Stat. 884 9 Feb. 12, 1925, ch. 9 213, Sec. 9, 43 Stat. 885 10 Feb. 12, 1925, ch. 10 213, Sec. 10, 43 Stat. 885 11 Feb. 12, 1925, ch. 11 213, Sec. 11, 43 Stat. 885 12 Feb. 12, 1925, ch. 12 213, Sec. 12, 43 Stat. 885 13 Feb. 12, 1925, ch. 13 213, Sec. 13, 43 Stat. 886 14 Feb. 12, 1925, ch. Rep. 213, Sec. 14, 43 Stat. 886 15 Feb. 12, 1925, ch. 14 213, Sec. 15, 43 Stat. 886 ------------------------------- POSITIVE LAW; CITATION This title has been made positive law by section 1 of act July 30, 1947, ch. 392, 61 Stat. 669, which provided in part that: 'title 9 of the United States Code, entitled 'Arbitration', is codified and enacted into positive law and may be cited as '9 U.S.C., Sec. - ' '. REPEALS Section 2 of act July 30, 1947, ch. 392, 61 Stat. 674, provided that the sections or parts thereof of the Statutes at Large covering provisions codified in this Act, insofar as such provisions appeared in former title 9 were repealed and provided that any rights or liabilities now existing under such repealed sections or parts thereof shall not be affected by such repeal. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Application of Rules, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Arbitration of disputes between carriers and employees, see sections 157 to 159 of Title 45, Railroads. Convention on the Settlement of Investment Disputes, nonapplication of title to enforcement of arbitration awards under the Convention, see section 1650a of Title 22, Foreign Relations and Intercourse. -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 17 section 116A; title 22 sections 290k-11, 1650a; title 25 section 416a; title 28 section 651; title 29 section 1401; title 35 sections 135, 294. ------DocID 11772 Document 2 of 200------ -CITE- 9 USC Sec. 9 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 9. Award of arbitrators; confirmation; jurisdiction; procedure -STATUTE- If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration, and shall specify the court, then at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11 of this title. If no court is specified in the agreement of the parties, then such application may be made to the United States court in and for the district within which such award was made. Notice of the application shall be served upon the adverse party, and thereupon the court shall have jurisdiction of such party as though he had appeared generally in the proceeding. If the adverse party is a resident of the district within which the award was made, such service shall be made upon the adverse party or his attorney as prescribed by law for service of notice of motion in an action in the same court. If the adverse party shall be a nonresident, then the notice of the application shall be served by the marshal of any district within which the adverse party may be found in like manner as other process of the court. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 672.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 9, 43 Stat. 885. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 sections 590, 591; title 41 section 607. ------DocID 7118 Document 3 of 200------ -CITE- 2 USC Sec. 61f-9 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61f-9. Employment of personnel by Sergeant at Arms and Doorkeeper of Senate at daily rates of compensation; authorization; limitation on amount of compensation -STATUTE- The Sergeant at Arms and Doorkeeper of the Senate, in carrying out the duties of his office, is authorized to employ personnel at daily rates of compensation; no individual so employed shall be paid at a daily rate of compensation which is in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate; and payments under authority of this section shall be made from the account, within the contingent fund of the Senate, for the 'Sergeant at Arms and Doorkeeper of the Senate', upon vouchers approved by the Sergeant at Arms and Doorkeeper of the Senate. -SOURCE- (Pub. L. 98-367, title I, Sec. 6, July 17, 1984, 98 Stat. 475.) -COD- CODIFICATION Section is from the Congressional Operations Appropriation Act, 1985, which is title I of the Legislative Branch Appropriations Act, 1985. ------DocID 7480 Document 4 of 200------ -CITE- 2 USC CHAPTER 9 -EXPCITE- TITLE 2 CHAPTER 9 -HEAD- CHAPTER 9 - OFFICE OF LEGISLATIVE COUNSEL -MISC1- SUBCHAPTER I - SENATE Sec. 271. Establishment. 272. Legislative Counsel. 273. Compensation. 274. Staff; office equipment and supplies. 275. Functions. 276. Disbursement of appropriations. 276a. Expenditures. 276b. Travel and related expenses. 277. Repealed. SUBCHAPTER II - HOUSE OF REPRESENTATIVES PART I - PURPOSE, POLICY, AND FUNCTION 281. Establishment. 281a. Purpose and policy. 281b. Functions. PART II - ADMINISTRATION 282. Legislative Counsel. 282a. Staff; Deputy Legislative Counsel; delegation of functions. 282b. Compensation. 282c. Expenditures. 282d. Official mail matter. 282e. Authorization of appropriations. -CHANGE- CHANGE OF NAME Act June 2, 1924, ch. 234, Sec. 1101, 43 Stat. 353, classified to sections 271 to 277 of this title, changed legislative drafting service to office of the legislative counsel, and draftsman to legislative counsel. ------DocID 7773 Document 5 of 200------ -CITE- 3 USC Sec. 9 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 9. Certificates of votes for President and Vice President -STATUTE- The electors shall make and sign six certificates of all the votes given by them, each of which certificates shall contain two distinct lists, one of the votes for President and the other of the votes for Vice President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the executive of the State. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 674.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 12 of this title. ------DocID 7933 Document 6 of 200------ -CITE- 5 USC CHAPTER 9 -EXPCITE- TITLE 5 PART I CHAPTER 9 -HEAD- CHAPTER 9 - EXECUTIVE REORGANIZATION -MISC1- Sec. 901. Purpose. 902. Definitions. 903. Reorganization plans. 904. Additional contents of reorganization plan. 905. Limitations on powers. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 906. Effective date and publication of reorganization plans. 907. Effect on other laws, pending legal proceedings, and unexpended appropriations. 908. Rules of Senate and House of Representatives on reorganization plans. 909. Terms of resolution. 910. Introduction and reference of resolution. 911. Discharge of committee considering resolution. 912. Procedure after report or discharge of committee; debate; vote on final passage. AMENDMENTS 1984 - Pub. L. 98-614, Sec. 3(e)(3), Nov. 8, 1984, 98 Stat. 3193, substituted 'passage' for 'disapproval' in item 912. 1977 - Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91 Stat. 29, reenacted chapter heading and items 901 to 903, 905 to 909, and 911 without change, substituted 'plan' for 'plans' in item 904 and 'Introduction and reference of resolution' for 'Reference of resolution to committee' in item 910, inserted '; vote on final disapproval' in item 912, and omitted item 913 'Decisions without debate on motion to postpone or proceed'. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 20 section 3463; title 42 sections 2000e-6, 3534, 7176, 8401, 8819; title 49 sections 103, 104, 106. ------DocID 8877 Document 7 of 200------ -CITE- 5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 9 -EXPCITE- TITLE 5 APPENDIX FEDERAL ADVISORY COMMITTEE ACT -HEAD- Sec. 9. Establishment and purpose of advisory committees; publication in Federal Register; charter: filing, contents, copy -STATUTE- (a) No advisory committee shall be established unless such establishment is - (1) specifically authorized by statute or by the President; or (2) determined as a matter of formal record, by the head of the agency involved after consultation with the Administrator, with timely notice published in the Federal Register, to be in the public interest in connection with the performance of duties imposed on that agency by law. (b) Unless otherwise specifically provided by statute or Presidential directive, advisory committees shall be utilized solely for advisory functions. Determinations of action to be taken and policy to be expressed with respect to matters upon which an advisory committee reports or makes recommendations shall be made solely by the President or an officer of the Federal Government. (c) No advisory committee shall meet or take any action until an advisory committee charter has been filed with (1) the Administrator, in the case of Presidential advisory committees, or (2) with the head of the agency to whom any advisory committee reports and with the standing committees of the Senate and of the House of Representatives having legislative jurisdiction of such agency. Such charter shall contain the following information: (A) the committee's official designation; (B) the committee's objectives and the scope of its activity; (C) the period of time necessary for the committee to carry out its purposes; (D) the agency or official to whom the committee reports; (E) the agency responsible for providing the necessary support for the committee; (F) a description of the duties for which the committee is responsible, and, if such duties are not solely advisory, a specification of the authority for such functions; (G) the estimated annual operating costs in dollars and man-years for such committee; (H) the estimated number and frequency of committee meetings; (I) the committee's termination date, if less than two years from the date of the committee's establishment; and (J) the date the charter is filed. A copy of any such charter shall also be furnished to the Library of Congress. -SOURCE- (Pub. L. 92-463, Sec. 9, Oct. 6, 1972, 86 Stat. 773; 1977 Reorg. Plan No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634.) -TRANS- TRANSFER OF FUNCTIONS 'Administrator', meaning Administrator of General Services, substituted for 'Director', meaning Director of Office of Management and Budget, in subsecs. (a)(2) and (c) 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 sections 2270, 2289. ------DocID 8899 Document 8 of 200------ -CITE- 5 USC APPENDIX - INSPECTOR GENERAL ACT OF 1978 Sec. 9 -EXPCITE- TITLE 5 APPENDIX INSPECTOR GENERAL ACT OF 1978 -HEAD- Sec. 9. Transfer of functions -STATUTE- (a) There shall be transferred - (1) to the Office of Inspector General - (A) of the Department of Agriculture, the offices of that department referred to as the 'Office of Investigation' and the 'Office of Audit'; (B) of the Department of Commerce, the offices of that department referred to as the 'Office of Audits' and the 'Investigations and Inspections Staff' and that portion of the office referred to as the 'Office of Investigations and Security' which has responsibility for investigation of alleged criminal violations and program abuse; (C) of the Department of Defense, the offices of that department referred to as the 'Defense Audit Service' and the 'Office of Inspector General, Defense Logistics Agency', and that portion of the office of that department referred to as the 'Defense Investigative Service' which has responsibility for the investigation of alleged criminal violations; (D) of the Department of Education, all functions of the Inspector General of Health, Education, and Welfare or of the Office of Inspector General of Health, Education, and Welfare relating to functions transferred by section 301 of the Department of Education Organization Act (20 U.S.C. 3441); (E) of the Department of Energy, the Office of Inspector General (as established by section 208 of the Department of Energy Organization Act); (F) of the Department of Health and Human Services, the Office of Inspector General (as established by title II of Public Law 94-505); (G) of the Department of Housing and Urban Development, the office of that department referred to as the 'Office of Inspector General'; (H) of the Department of the Interior, the office of that department referred to as the 'Office of Audit and Investigation'; (I) of the Department of Justice, the offices of that Department referred to as (i) the 'Audit Staff, Justice Management Division', (ii) the 'Policy and Procedures Branch, Office of the Comptroller, Immigration and Naturalization Service', the 'Office of Professional Responsibility, Immigration and Naturalization Service', and the 'Office of Program Inspections, Immigration and Naturalization Service', (iii) the 'Office of Internal Inspection, United States Marshals Service', (iv) the 'Financial Audit Section, Office of Financial Management, Bureau of Prisons' and the 'Office of Inspections, Bureau of Prisons', and (v) from the Drug Enforcement Administration, that portion of the 'Office of Inspections' which is engaged in internal audit activities, and that portion of the 'Office of Planning and Evaluation' which is engaged in program review activities; (J) of the Department of Labor, the office of that department referred to as the 'Office of Special Investigations'; (K) of the Department of Transportation, the offices of that department referred to as the 'Office of Investigations and Security' and the 'Office of Audit' of the Department, the 'Offices of Investigations and Security, Federal Aviation Administration', and 'External Audit Divisions, Federal Aviation Administration', the 'Investigations Division and the External Audit Division of the Office of Program Review and Investigation, Federal Highway Administration', and the 'Office of Program Audits, Urban Mass Transportation Administration'; (L) of the Department of the Treasury, the office of that department referred to as the 'Office of Inspector General', and, notwithstanding any other provision of law, that portion of each of the offices of that department referred to as the 'Office of Internal Affairs, Bureau of Alcohol, Tobacco, and Firearms', the 'Office of Internal Affairs, United States Customs Service', and the 'Office of Inspections, United States Secret Service' which is engaged in internal audit activities; (M) of the Environmental Protection Agency, the offices of that agency referred to as the 'Office of Audit' and the 'Security and Inspection Division'; (N) of the Federal Emergency Management Agency, the office of that agency referred to as the 'Office of Inspector General'; (O) of the General Services Administration, the offices of that agency referred to as the 'Office of Audits' and the 'Office of Investigations'; (P) of the National Aeronautics and Space Administration, the offices of that agency referred to as the 'Management Audit Office' and the 'Office of Inspections and Security'; (Q) of the Nuclear Regulatory Commission, the office of that commission referred to as the 'Office of Inspector and Auditor'; (R) of the Office of Personnel Management, the offices of that agency referred to as the 'Office of Inspector General', the 'Insurance Audits Division, Retirement and Insurance Group', and the 'Analysis and Evaluation Division, Administration Group'; (S) of the Railroad Retirement Board, the Office of Inspector General (as established by section 23 of the Railroad Retirement Act of 1974); (T) of the Small Business Administration, the office of that agency referred to as the 'Office of Audits and Investigations'; and (U) of the Veterans' Administration, the offices of that agency referred to as the 'Office of Audits' and the 'Office of Investigations'; and (2) such other offices or agencies, or functions, powers, or duties thereof, as the head of the establishment involved may determine are properly related to the functions of the Office and would, if so transferred, further the purposes of this Act, except that there shall not be transferred to an Inspector General under paragraph (2) program operating responsibilities. (b) The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of any office or agency the functions, powers, and duties of which are transferred under subsection (a) are hereby transferred to the applicable Office of Inspector General. (c) Personnel transferred pursuant to subsection (b) shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions except that the classification and compensation of such personnel shall not be reduced for one year after such transfer. (d) In any case where all the functions, powers, and duties of any office or agency are transferred pursuant to this subsection, such office or agency shall lapse. Any person who, on the effective date of this Act (Oct. 1, 1978), held a position compensated in accordance with the General Schedule, and who, without a break in service, is appointed in an Office of Inspector General to a position having duties comparable to those performed immediately preceding such appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of service in the new position. -SOURCE- (Pub. L. 95-452, Sec. 9, Oct. 12, 1978, 92 Stat. 1107; Pub. L. 96-88, title V, Sec. 508(n)(2), Oct. 17, 1979, 93 Stat. 694; Pub. L. 97-252, title XI, Sec. 1117(a)(2), (3), Sept. 8, 1982, 96 Stat. 750; Pub. L. 100-504, title I, Sec. 102(d), Oct. 18, 1988, 102 Stat. 2516.) -REFTEXT- REFERENCES IN TEXT Section 208 of the Department of Energy Organization Act, referred to in subsec. (a)(1)(E), is section 208 of Pub. L. 95-91, title II, Aug. 4, 1977, 91 Stat. 575, as amended, which was classified to section 7138 of Title 42, The Public Health and Welfare, and was repealed by Pub. L. 100-504, title I, Sec. 102(e)(1)(A), Oct. 18, 1988, 102 Stat. 2517. Title II of Public Law 94-505, referred to in subsec. (a)(1)(F), is title II of Pub. L. 94-505, Oct. 15, 1976, 90 Stat. 2429, which was classified generally to sections 3521 to 3527 of Title 42, and was repealed by Pub. L. 100-504, title I, Sec. 102(e)(2), Oct. 18, 1988, 102 Stat. 2517. Section 23 of the Railroad Retirement Act of 1974, referred to in subsec. (a)(1)(S), is section 23 of act Aug. 29, 1935, ch. 812, as added, which was classified to section 231v of Title 45, Railroads, and was repealed by Pub. L. 100-504, title I, Sec. 102(e)(3), Oct. 18, 1988, 102 Stat. 2517. -MISC2- AMENDMENTS 1988 - Subsec. (a)(1)(E), (F). Pub. L. 100-504, Sec. 102(d)(7), added subpars. (E) and (F). Former subpars. (E) and (F) redesignated (G) and (H), respectively. Subsec. (a)(1)(G), (H). Pub. L. 100-504, Sec. 102(d)(2), redesignated subpars. (E) and (F) as (G) and (H), respectively. Former subpars. (G) and (H) redesignated (J) and (K), respectively. Subsec. (a)(1)(I). Pub. L. 100-504, Sec. 102(d)(1), (8), added subpar. (I) and struck out former subpar. (I) which provided for transfer to Office of Inspector General of Community Services Administration, offices of that agency referred to as 'Inspections Division', 'External Audit Division', and 'Internal Audit Division'. Subsec. (a)(1)(J), (K). Pub. L. 100-504, Sec. 102(d)(3), redesignated subpars. (G) and (H) as (J) and (K), respectively. Former subpars. (J) and (K) redesignated (M) and (O), respectively. Subsec. (a)(1)(L). Pub. L. 100-504, Sec. 102(d)(9), added subpar. (L). Former subpar. (L) redesignated (P). Subsec. (a)(1)(M). Pub. L. 100-504, Sec. 102(d)(4), redesignated subpar. (J) as (M). Former subpar. (M) redesignated (T). Subsec. (a)(1)(N). Pub. L. 100-504, Sec. 102(d)(10), added subpar. (N). Former subpar. (N) redesignated (U). Subsec. (a)(1)(O), (P). Pub. L. 100-504, Sec. 102(d)(5), redesignated subpars. (K) and (L) as (O) and (P), respectively. Subsec. (a)(1)(Q) to (S). Pub. L. 100-504, Sec. 102(d)(11), added subpars. (Q) to (S). Subsec. (a)(1)(T), (U). Pub. L. 100-504, Sec. 102(d)(6), redesignated subpars. (M) and (N) as (T) and (U), respectively. 1982 - Subsec. (a)(1). Pub. L. 97-252 added subpar. (C) and redesignated former subpars. (C) to (M) as (D) to (N), respectively. 1979 - Subsec. (a)(1). Pub. L. 96-88 added subpar. (C) and redesignated former subpars. (C) to (L) as (D) to (M), respectively. -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -MISC4- EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-504 effective 180 days after Oct. 18, 1988, see section 113 of Pub. L. 100-504, set out as a note under section 5 of Pub. L. 95-452 in this Appendix. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96-88, set out as an Effective Date note under section 3401 of Title 20, Education. CONTINUATION OF SERVICE OF CERTAIN INSPECTORS GENERAL Section 102(e)(4) of Pub. L. 100-504 provided that: 'Any individual who, on the date of enactment of this Act (Oct. 18, 1988), is serving as the Inspector General of the Department of Energy, the Department of Health and Human Services, or the Railroad Retirement Board, shall continue to serve in such position until such individual dies, resigns, or is removed from office in accordance with section 3(b) of the Inspector General Act of 1978 (section 3(b) of Pub. L. 95-452, set out in this Appendix).' TRANSFER OF AUDIT PERSONNEL TO INSPECTOR GENERAL, DEPARTMENT OF DEFENSE Section 1117(e) of Pub. L. 97-252 provided that: 'In addition to the positions transferred to the Office of the Inspector General of the Department of Defense, pursuant to the amendments made by subsection (a) of this section (amending sections 2(1), 9(a)(1), and 11(1) of this Act), the Secretary of Defense shall transfer to the Office of Inspector General of the Department of Defense not less than one hundred additional audit positions. The Inspector General of the Department of Defense shall fill such positions with persons trained to perform contract audits.' ------DocID 8962 Document 9 of 200------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 9 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 9 OF 1950 -MISC1- EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1265 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). FEDERAL POWER COMMISSION SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN (a) Subject to the provisions of subsection (b) of this section, there are hereby transferred from the Federal Power Commission, hereinafter referred to as the Commission, to the Chairman of the Commission, hereinafter referred to as the Chairman, the executive and administrative functions of the Commission, including functions of the Commission with respect to (1) the appointment and supervision of personnel employed under the Commission, (2) the distribution of business among such personnel and among administrative units of the Commission, and (3) the use and expenditure of funds. (b)(1) In carrying out any of his functions under the provisions of this section the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (2) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission. (3) Personnel employed regularly and full time in the immediate offices of Commissioners other than the Chairman shall not be affected by the provisions of this reorganization plan. (4) There are hereby reserved to the Commission its functions with respect to revising budget estimates and with respect to determining upon the distribution of appropriated funds according to major programs and purposes. SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any function transferred to the Chairman by the provisions of this reorganization plan. SEC. 3. DESIGNATION OF CHAIRMAN The functions of the Commission with respect to choosing a Chairman from among the commissioners composing the Commission are hereby transferred to the President. (The Federal Power Commission was terminated and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by 42 U.S.C. 7151(b), 7171(a), 7172(a), 7291, and 7293.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 9 of 1950, prepared in accordance with the Reorganization Act of 1949 and providing for reorganizations in the Federal Power Commission. My reasons for transmitting this plan are stated in an accompanying general message. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 9 of 1950 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. The taking effect of the reorganizations included in this plan may not in itself result in substantial immediate savings. However, many benefits in improved operations are probable during the next years which will result in a reduction in expenditures as compared with those that would be otherwise necessary. An itemization of these reductions in advance of actual experience under this plan is not practicable. Harry S. Truman. The White House, March 13, 1950. ------DocID 8991 Document 10 of 200------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 9 OF 1953 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 9 OF 1953 -MISC1- EFF. AUG. 1, 1953, 18 F.R. 4543, 67 STAT. 644 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 1, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.). COUNCIL OF ECONOMIC ADVISERS The functions vested in the Council of Economic Advisers by section 4(b) of the Employment Act of 1946 (60 Stat. 24) (15 U.S.C. 1023(b)), and so much of the functions vested in the Council by section 4(c) of that Act (15 U.S.C. 1023(c)) as consists of reporting to the President with respect to any function of the Council under the said section 4(c) (15 U.S.C. 1023(c)), are hereby transferred to the Chairman of the Council of Economic Advisers. The position of Vice Chairman of the Council of Economic Advisers, provided for in the last sentence of section 4(a) of the said Act (15 U.S.C. 1023(a)), is hereby abolished. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 9 of 1953, prepared in accordance with the Reorganization Act of 1949, as amended and providing reorganizations in the Council of Economic Advisers in the Executive Office of the President. The legislative history of the Employment Act of 1946 makes it clear that it is the determination of the Congress to help develop a strong economy in the United States. A strong economy is necessary to preserve the peace, to build our defenses and those of the free world, to raise the living standards of our people, and to stimulate trade and industry in friendly countries throughout the world. A strong economy means a free economy - with full opportunities for the exercise of initiative and enterprise on the part of all individuals. It means a stable economy - so that satisfying jobs are as numerous as the men and women seeking work, and the production of goods is abundant to meet our needs. It means an expanding economy - in which workers, managers, and farmers, using more and better tools, constantly increase the output of useful products and services and receive steadily rising incomes in a dollar of stable value. It means a humane economy - to the end that the aged, infirm, and those suffering hardships receive every needed help. The achievement and preservation of a strong economy - an economy that is progressive as well as competitive, an economy that remains free from the distortions of inflation and the ravages of depression, an economy that forms the solid foundation for the flourishing of our democratic, social, and political institutions - is everybody's job. Workers, businessmen, bankers, farmers, housewives - all have an important role to play. The Federal Government, too, shares in this vital task. For example, the duties of the President require that he be fully informed of major economic trends and activities in order to recommend proper measures for the consideration of the Congress, and to take into account economic realities in seeing that the laws be faithfully executed. It is well that the Congress has declared in the Employment Act of 1946, the continuing policy and responsibility of the Federal Government to coordinate and utilize all its plans, functions, and resources for the purpose of creating and maintaining, consistently with free competitive enterprise and the general welfare, employment opportunities for all. That act dedicates the Federal Government to the promotion of maximum employment, production, and purchasing power. To assist in carrying out those purposes, the Congress provided for the establishment of the Council of Economic Advisers in the Executive Office of the President to make appropriate recommendations to the President and to assist in the preparation of his annual economic report to the Congress. I believe in the basic principles of the Employment Act, and it is my purpose to take the appropriate actions to reinvigorate and make more effective the operations of the Council of Economic Advisers. Our needs for proper advice on economic matters are equaled only by our needs to have the very best advice and planning on matters of national security. In taking these actions, I have the benefit of the study and work of the Economic Adviser to the President recently provided by the Congress. The Economic Adviser has reviewed the past operations of the Council of Economic Advisers and has recommended to me a series of actions aimed at making it more fully effective in performing its statutory duties. Accordingly, I intend to appoint a full membership of three members to the Council of Economic Advisers and to recommend to the Congress that adequate funds be appropriated to operate the Council as a fully going unit capable of providing the kind of economic staff work required. The accompanying reorganization plan provides changes which strengthen the internal administration of the Council and clarify its relationships with the President. To achieve the first objective - strengthened internal administration - the reorganization plan will make the Chairman of the Council, rather than the whole Council, responsible for certain administrative functions of the Council. Because the Council is essentially an advisory body, these administrative functions relate principally to managing the staff employed to assist the Council. Placing the Chairman in a position to perform these functions will obtain the benefits of single management of the staff. To make possible such an arrangement, the accompanying reorganization plan transfers to the Chairman the functions vested in the Council of Economic Advisers by section 4(b) of the Employment Act, which relate to employing the staff and other necessary specialists and consultants to work for the Council. To further the other objective - a clearer relationship with the President - the reorganization plan transfers to the Chairman the function of reporting to the President on the activities of the Council. This change will improve and simplify the relationship of the Council to the President and enable the President to deal with the Council more directly through the Chairman. The increased responsibilities placed upon the Chairman by this plan would, in my judgment, make it appropriate for the Congress to take action to increase the compensation of the Chairman. The reorganization plan provides for the elimination of the Vice Chairman of the Council of Economic Advisers, whose designation is provided for in the last sentence of section 4(a) of the Employment Act of 1946. The objective of this step is to place the members of the Council, other than the Chairman, in an equal status. I shall make provision for one of the members of the Council, other than the Chairman, to act as Chairman of the Council on such occasions as necessity may arise therefor. In order to make the work of the Council of Economic Advisers more effective at the top policy level of the executive branch, I am also asking the heads of several departments and agencies, or the representatives they may designate, to serve as an Advisory Board on Economic Growth and Stability, under the chairmanship of the Chairman of the Council of Economic Advisers. At all times, close liaison must be maintained by the Council with all departments and agencies, and with interdepartmental committees, especially the National Advisory Council on International Monetary and Financial Problems. It is contemplated that the Advisory Board on Economic Growth and Stability, supported by the existing staffs of the various departments and agencies, will meet frequently, and through its Chairman will keep me closely informed about the state of the national economy and the various measures necessary to aid in maintaining a stable prosperity. Because of the complexity of our economy and the variety of views regarding its problems, I shall expect the new Council of Economic Advisers to seek advice energetically not only from the departments and agencies of the Federal Government but also from representatives of industry, agriculture, labor, consumers, and other groups concerned with economic matters, from representatives of State and local governments, and from universities. I want the best economic thinking in the country to be canvassed by the Council. Through advisory groups, through the employment of expert consultants, and through informal relationships with informed citizens the Council will make use of economic talent wherever it may be. I deem it especially significant that the Congress has provided in the Employment Act for the Joint Committee on the Economic Report, composed of Members of both Houses of the Congress, to study matters relating to the economic report and to make recommendations to the two Houses for legislation. I expect to impress upon the Council of Economic Advisers the importance which I attach to the fullest cooperation of the Council with the Joint Committee to assist the Joint Committee in its important tasks. After investigation I have found and hereby declare that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. The taking effect of the reorganizations included in the accompanying reorganization plan is expected to result in a more effective performance of the statutory functions of the Council of Economic Advisers and to provide the President with better advice upon economic matters. It is impracticable to specify or itemize at this time any reduction of expenditures which it is probable will be brought about by the taking effect of this reorganization plan. The reorganization plan will make the Federal Government better able to carry out its responsibilities to the American people to foster a strong, free, and prosperous economy so that we may all enjoy an ever-rising standard of living. I urge the Congress to permit the reorganization plan to become effective. Dwight D. Eisenhower. The White House, June 1, 1953. ------DocID 9077 Document 11 of 200------ -CITE- 7 USC Sec. 9 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 9. Exclusion of persons from privilege of 'contract markets'; procedure for exclusion; review by court of appeals -STATUTE- If the Commission has reason to believe that any person (other than a contract market) is manipulating or attempting to manipulate or has manipulated or attempted to manipulate the market price of any commodity, in interstate commerce, or for future delivery on or subject to the rules of any contract market, or has willfully made any false or misleading statement of a material fact in any registration application or any report filed with the Commission under this chapter, or willfully omitted to state in any such application or report any material fact which is required to be stated therein, or otherwise is violating or has violated any of the provisions of this chapter or of the rules, regulations, or orders of the Commission thereunder, it may serve upon such person a complaint stating its charges in that respect, which complaint shall have attached or shall contain therein a notice of hearing, specifying a day and place not less than three days after the service thereof, requiring such person to show cause why an order should not be made prohibiting him from trading on or subject to the rules of any contract market, and directing that all contract markets refuse all trading privileges to such person, until further notice of the Commission, and to show cause why the registration of such person, if registered with the Commission in any capacity, should not be suspended or revoked. Said hearing may be held in Washington, District of Columbia, or elsewhere, before the Commission, or before an Administrative Law Judge designated by the Commission, which Administrative Law Judge shall cause all evidence to be reduced to writing and forthwith transmit the same to the Commission. Upon evidence received, the Commission may prohibit such person from trading on or subject to the rules of any contract market and require all contract markets to refuse such person all trading privileges thereon for such period as may be specified in the order, and, if such person is registered with the Commission in any capacity, may suspend, for a period not to exceed six months, or revoke, the registration of such person, and may assess such person a civil penalty of not more than $100,000 for each such violation. Notice of such order shall be sent forthwith by registered mail or by certified mail or delivered to the offending person and to the governing boards of said contract markets. After the issuance of the order by the Commission, the person against whom it is issued may obtain a review of such order or such other equitable relief as to the court may seem just by filing in the United States court of appeals of the circuit in which the petitioner is doing business, or in the case of an order denying registration, the circuit in which the petitioner's principal place of business listed on petitioner's application for registration is located, a written petition, within fifteen days after the notice of such order is given to the offending person praying that the order of the Commission be set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission and thereupon the Commission shall file in the court the record theretofore made, as provided in section 2112 of title 28. Upon the filing of the petition the court shall have jurisdiction to affirm, to set aside, or modify the order of the Commission, and the findings of the Commission as to the facts, if supported by the weight of evidence, shall in like manner be conclusive. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 6(b), 42 Stat. 1002; June 15, 1936, ch. 545, Sec. 8(a)-(d), (h)-(j), 49 Stat. 1498, 1499; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Aug. 28, 1958, Pub. L. 85-791, Sec. 7(b), 72 Stat. 944; June 11, 1960, Pub. L. 86-507, Sec. 1(2), 74 Stat. 200; Feb. 19, 1968, Pub. L. 90-258, Sec. 16, 82 Stat. 30; Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 103(a), (b), (e), title II, Sec. 204(b), 205(b), 212(a)(1), (2), title IV, Sec. 408, 88 Stat. 1392, 1397, 1400, 1403, 1414; Jan. 11, 1983, Pub. L. 97-444, title II, Sec. 219, 96 Stat. 2308.) -COD- CODIFICATION Section is composed of part of par. (b) of section 6 of act Sept. 21, 1922. A further provision of par. (b) is contained in section 15 of this title. First par. and par. (a) of section 6 are set out as section 8 of this title. Pars. (c) and (d) of section 6 are set out as sections 13b and 9a of this title, respectively. -MISC3- AMENDMENTS 1983 - Pub. L. 97-444 struck out 'as futures commission merchant or any person associated therewith as described in section 6k of this title, commodity trading advisor, commodity pool operator, or as floor broker hereunder' after 'such person, if registered' and also after 'such person is registered' and inserted ', or in the case of an order denying registration, the circuit in which the petitioner's principal place of business listed on petitioner's application for registration is located,' after 'court of appeals of the circuit in which the petitioner is doing business'. 1974 - Pub. L. 93-463 substituted 'Commission' for 'Secretary of Agriculture' and 'Secretary of Agriculture or the commission', substituted 'it' for 'he', inserted 'or any person associated therewith as described in section 6k of this title,' after 'futures commission merchant' wherever appearing, inserted 'commodity trading advisor, commodity pool operator' before 'or as floor broker' wherever appearing, inserted provision for the assessment of civil penalties of not more than $100,000 for each violation, set a limit of fifteen days after the issuance of an order within which period the person against whom the order was issued must file with the court of appeals his petition that the order be set aside, and substituted 'an Administrative Law Judge' and 'Administrative Law Judge' for 'a referee' and 'referee', respectively. 1968 - Pub. L. 90-258 provided for denial of trading privileges to persons other than contract markets and suspension or revocation of registration of futures commission merchants and floor brokers, who are manipulating or have attempted to manipulate prices, for willful, material, misstatements in, or omissions from, reports or registration statements, and for violations of orders of Secretary of Agriculture or commission, and authorized the Secretary to prohibit such persons from trading on or subject to rules of any contract market. 1960 - Pub. L. 86-507 inserted 'or by certified mail' after 'registered mail'. 1958 - Pub. L. 85-791 substituted 'transmitted by the clerk of the court to the Secretary of Agriculture and thereupon the Secretary of Agriculture shall file in the court the record theretofore made, as provided in section 2112 of Title 28' for 'served upon the Secretary of Agriculture by delivering such copy to him and thereupon the Secretary of Agriculture shall forthwith certify and file in the court a transcript of the record theretofore made, including evidence received' in seventh sentence, and substituted 'petition' for 'transcript' in eighth sentence. 1936 - Act June 15, 1936, among other changes, amended section by inserting provisions relating to the service of complaints and penalties for violations of this chapter. -CHANGE- CHANGE OF NAME Act June 25, 1948, as amended by act May 24, 1949, substituted 'court of appeals' for 'circuit court of appeals' wherever appearing in this section. -MISC4- EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section 239 of Pub. L. 97-444, set out as a note under section 2 of this title. 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 act June 15, 1936, set out as a note under section 1 of this title. -CROSS- CROSS REFERENCES Conditional requirements for designation of board of trade as 'contract market', see section 7 of this title. Suspension or revocation of registration as futures commission merchant for accepting orders from person denied trading privileges pursuant to order under provisions of this section, see section 12a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2a, 6k, 7, 9a, 12, 12a, 13b, 18, 21 of this title. ------DocID 9307 Document 12 of 200------ -CITE- 7 USC CHAPTER 9 -EXPCITE- TITLE 7 CHAPTER 9 -HEAD- CHAPTER 9 - PACKERS AND STOCKYARDS -MISC1- SUBCHAPTER I - GENERAL DEFINITIONS Sec. 181. Short title. 182. Definitions. 183. When transaction deemed in commerce; 'State' defined. SUBCHAPTER II - PACKERS GENERALLY 191. 'Packer' defined. 192. Unlawful practices enumerated. 193. Procedure before Secretary for violations. (a) Complaint; hearing; intervention. (b) Report and order; penalty. (c) Amendment of report or order. (d) Service of process. 194. Conclusiveness of order; appeal and review. (a) Filing of petition; bond. (b) Filing of record by Secretary. (c) Temporary injunction. (d) Evidence. (e) Action by court. (f) Additional evidence. (g) Injunction. (h) Finality. 195. Punishment for violation of order. 196. Statutory trust established; livestock. (a) Protection of public interest from inadequate financing arrangements. (b) Livestock, inventories, receivables and proceeds held by packer in trust for benefit of unpaid cash sellers; time limitations; exempt packers; effect of dishonored instruments; preservation of trust benefits by seller. (c) Definition of cash sale. 197. Statutory trust established; poultry. (a) Protection of public interest from inadequate financing arrangements. (b) Poultry, inventories, receivables and proceeds held by dealer in trust for benefit of unpaid cash sellers or poultry growers. (c) Effect of dishonored instruments. (d) Preservation of trust benefit by seller or poultry grower. (e) 'Cash sale' defined. SUBCHAPTER III - STOCKYARDS AND STOCKYARD DEALERS 201. 'Stockyard owner'; 'stockyard services'; 'market agency'; 'dealer'; defined. 202. 'Stockyard' defined; determination by Secretary as to particular yard. 203. Activity as stockyard dealer or market agency; benefits to business and welfare of stockyard; registration; penalty for failure to register. 204. Bond and suspension of registrants. 205. General duty as to services; revocation of registration. 206. Rates and charges generally; discrimination. 207. Schedule of rates. (a) Filing; public inspection. (b) Detail required; form. (c) Changes. (d) Rejection by Secretary. (e) Determination of lawfulness; hearing; suspension. (f) Suspension of operations; compliance. (g) Penalty. (h) International violations; penalty. 208. Unreasonable or discriminatory practices generally; rights of stockyard owner of management and regulation. 209. Liability to individuals for violations; enforcement generally. 210. Proceedings before Secretary for violations. (a) Complaint; response; satisfaction or investigation. (b) Complaints forwarded by agencies of a State or Territory. (c) Inquiries instituted by Secretary. (d) Damage to complainant not required. (e) Award and payment of damages. (f) Enforcement of orders. 211. Order of Secretary as to charges or practices; prescribing rates and practices generally. 212. Prescribing rates and practices to prevent discrimination between intrastate and interstate commerce. 213. Prevention of unfair, discriminatory, or deceptive practices. 214. Effective date of orders. 215. Failure to obey orders; punishment. 216. Proceedings to enforce orders; injunction. 217. Proceedings for suspension of orders. 217a. Fees for inspection of brands or marks. (a) Authorization by Secretary; registration as market agency. (b) Applicability of section. (c) Collection and payment of charges. (d) Revocation of authorization or registration. SUBCHAPTER IV - LIVE POULTRY DEALERS AND HANDLERS 218 to 218d. Repealed. SUBCHAPTER V - GENERAL PROVISIONS 221. Accounts and records of business; punishment for failure to keep. 222. Federal Trade Commission powers adopted for enforcement of chapter. 223. Responsibility of principal for act or omission of agent. 224. Attorney General to institute court proceedings for enforcement. 225. Laws unaffected. 226. Powers of Interstate Commerce Commission unaffected. 227. Powers of Federal Trade Commission and Secretary of Agriculture. (a) Omitted. (b) Jurisdiction of Federal Trade Commission. (c) Limitation of Federal Trade Commission jurisdiction. (d) Jurisdiction of Secretary of Agriculture except for poultry products. (e) Jurisdiction of Secretary of Agriculture regarding poultry products. (f) Information to be included in annual reports. 228. Authority of Secretary. (a) Rules, regulations, and expenditures; appropriations. (b) Separate enforcement unit within Department. (c) Deductions from proceeds for financing promotional, educational, and research activities. (d) Budget estimate; testimony of Secretary before Congressional committees. (e) Development and promulgation of rules governing hearings. (f) Definitions. 228a. Authority of Secretary to request temporary injunction or restraining order. 228b. Prompt payment for purchase of livestock. (a) Full amount of purchase price required; methods of payment. (b) Waiver of prompt payment by written agreement; disclosure requirements. (c) Delay in payment or attempt to delay deemed unfair practice. 228b-1. Final date for making payment to cash seller or poultry grower. (a) Delivery of full amount due. (b) Delay or attempt to delay collection of funds as 'unfair practice'. (c) 'Cash sale' defined. 228b-2. Violations by live poultry dealers. (a) Written complaint by Secretary; hearing; intervention; amended complaint. (b) Report on findings of fact by Secretary; cease and desist order; assessment of civil penalty; action by Attorney General upon live poultry dealer's failure to pay penalty. (c) Amendment or setting aside of report or order. (d) Service of complaints, orders, and other processes. 228b-3. Judicial review of order regarding live poultry dealer. (a) Finality of order unless appeal to court of appeals; time limit; bond. (b) Notification of appeal to Secretary; filing of record with court. (c) Issuance of temporary injunction. (d) Evidence in record as evidence in case; expedited proceedings. (e) Action by court. (f) Taking of additional evidence; modified or additional findings by Secretary. (g) Affirmance or modification of order as injunction. (h) Exclusive jurisdiction of court of appeals; finality of decree; appeal to Supreme Court; stay of decree. 228b-4. Violation of final order by live poultry dealer; penalty. 228c. Federal preemption of State and local requirements. 229. Separability. SUBCHAPTER VI - CHARGE FOR INSPECTION 231. Omitted. -TRANS- TRANSFER OF FUNCTIONS Functions of Bureau of Animal Industry transferred to Secretary of Agriculture by 1947 Reorg. Plan No. 1, Sec. 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat 952. See note set out under section 391 of this title. By order of Secretary of Agriculture, Packers and Stockyards Administration abolished on July 1, 1927, and enforcement of Packers and Stockyards Act of 1921, which is classified to this chapter, was put under control of chief of Bureau of Animal Industry. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 11 section 525; title 15 sections 45, 1607, 1681s, 1691c, 1692l; title 28 section 2342. ------DocID 11534 Document 13 of 200------ -CITE- 8 USC CHAPTER 9 -EXPCITE- TITLE 8 CHAPTER 9 -HEAD- CHAPTER 9 - MISCELLANEOUS PROVISIONS ------DocID 6924 Document 14 of 200------ -CITE- 2 USC Sec. 9 -EXPCITE- TITLE 2 CHAPTER 1 -HEAD- Sec. 9. Voting for Representatives -STATUTE- All votes for Representatives in Congress must be by written or printed ballot, or voting machine the use of which has been duly authorized by the State law; and all votes received or recorded contrary to this section shall be of no effect. -SOURCE- (R.S. Sec. 27; Feb. 14, 1899, ch. 154, 30 Stat. 836.) -COD- CODIFICATION R.S. Sec. 27 derived from acts Feb. 28, 1871, ch. 99, Sec. 19, 16 Stat. 440, and May 30, 1872, ch. 239, 17 Stat. 192. ------DocID 11763 Document 15 of 200------ -CITE- 9 USC CHAPTER 1 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- CHAPTER 1 - GENERAL PROVISIONS -MISC1- Sec. 1. 'Maritime transactions' and 'commerce' defined; exceptions to operation of title. 2. Validity, irrevocability, and enforcement of agreements to arbitrate. 3. Stay of proceedings where issue therein referable to arbitration. 4. Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination. 5. Appointment of arbitrators or umpire. 6. Application heard as motion. 7. Witnesses before arbitrators; fees; compelling attendance. 8. Proceedings begun by libel in admiralty and seizure of vessel or property. 9. Award of arbitrators; confirmation; jurisdiction; procedure. 10. Same; vacation; grounds; rehearing. 11. Same; modification or correction; grounds; order. 12. Notice of motions to vacate or modify; service; stay of proceedings. 13. Papers filed with order on motions; judgment; docketing; force and effect; enforcement. 14. Contracts not affected. 15. Inapplicability of the Act of State doctrine. 16. Appeals. AMENDMENTS 1990 - Pub. L. 101-650, title III, Sec. 325(a)(2), Dec. 1, 1990, 104 Stat. 5120, added item 15 'Inapplicability of the Act of State doctrine' and redesignated former item 15 'Appeals' as 16. 1988 - Pub. L. 100-702, title X, Sec. 1019(b), Nov. 19, 1988, 102 Stat. 4671, added item 15 relating to appeals. 1970 - Pub. L. 91-368, Sec. 3, July 31, 1970, 84 Stat. 693, designated existing sections 1 through 14 as 'Chapter 1' and added heading for Chapter 1. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 205, 208, 307 of this title; title 25 section 416a. ------DocID 11764 Document 16 of 200------ -CITE- 9 USC Sec. 1 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 1. 'Maritime transactions' and 'commerce' defined; exceptions to operation of title -STATUTE- 'Maritime transactions', as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction; 'commerce', as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 670.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 1, 43 Stat. 883. ------DocID 11765 Document 17 of 200------ -CITE- 9 USC Sec. 2 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 2. Validity, irrevocability, and enforcement of agreements to arbitrate -STATUTE- A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 670.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 2, 43 Stat. 883. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 202 of this title. ------DocID 11766 Document 18 of 200------ -CITE- 9 USC Sec. 3 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 3. Stay of proceedings where issue therein referable to arbitration -STATUTE- If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 670.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 3, 43 Stat. 883. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 15 of this title. ------DocID 11767 Document 19 of 200------ -CITE- 9 USC Sec. 4 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 4. Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination -STATUTE- A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by the Federal Rules of Civil Procedure. The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement. The hearing and proceedings, under such agreement, shall be within the district in which the petition for an order directing such arbitration is filed. If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof. If no jury trial be demanded by the party alleged to be in default, or if the matter in dispute is within admiralty jurisdiction, the court shall hear and determine such issue. Where such an issue is raised, the party alleged to be in default may, except in cases of admiralty, on or before the return day of the notice of application, demand a jury trial of such issue, and upon such demand the court shall make an order referring the issue or issues to a jury in the manner provided by the Federal Rules of Civil Procedure, or may specially call a jury for that purpose. If the jury find that no agreement in writing for arbitration was made or that there is no default in proceeding thereunder, the proceeding shall be dismissed. If the jury find that an agreement for arbitration was made in writing and that there is a default in proceeding thereunder, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 671; Sept. 3, 1954, ch. 1263, Sec. 19, 68 Stat. 1233.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 4, 43 Stat. 883. -REFTEXT- REFERENCES IN TEXT Federal Rules of Civil Procedure, referred to in text, are set out in Appendix to Title 28, Judiciary and Judicial Procedure. -MISC2- AMENDMENTS 1954 - Act Sept. 3, 1954, brought section into conformity with present terms and practice. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Process, see rule 4, Title 28, Appendix, Judiciary and Judicial Procedure. Service and filing of pleadings and other papers, see rule 5, Title 28, Appendix. Trials - Jury trial of right, see rule 38, Title 28, Appendix. Trial by jury or by the court, see rule 39, Title 28, Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 15 of this title; title 5 section 586. ------DocID 11768 Document 20 of 200------ -CITE- 9 USC Sec. 5 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 5. Appointment of arbitrators or umpire -STATUTE- If in the agreement provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method be provided therein, or if a method be provided and any party thereto shall fail to avail himself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then upon the application of either party to the controversy the court shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided in the agreement the arbitration shall be by a single arbitrator. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 671.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 5, 43 Stat. 884. ------DocID 11769 Document 21 of 200------ -CITE- 9 USC Sec. 6 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 6. Application heard as motion -STATUTE- Any application to the court hereunder shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 671.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 6, 43 Stat. 884. ------DocID 11770 Document 22 of 200------ -CITE- 9 USC Sec. 7 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 7. Witnesses before arbitrators; fees; compelling attendance -STATUTE- The arbitrators selected either as prescribed in this title or otherwise, or a majority of them, may summon in writing any person to attend before them or any of them as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case. The fees for such attendance shall be the same as the fees of witnesses before masters of the United States courts. Said summons shall issue in the name of the arbitrator or arbitrators, or a majority of them, and shall be signed by the arbitrators, or a majority of them, and shall be directed to the said person and shall be served in the same manner as subpoenas to appear and testify before the court; if any person or persons so summoned to testify shall refuse or neglect to obey said summons, upon petition the United States district court for the district in which such arbitrators, or a majority of them, are sitting may compel the attendance of such person or persons before said arbitrator or arbitrators, or punish said person or persons for contempt in the same manner provided by law for securing the attendance of witnesses or their punishment for neglect or refusal to attend in the courts of the United States. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 672; Oct. 31, 1951, ch. 655, Sec. 14, 65 Stat. 715.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 7, 43 Stat. 884. AMENDMENTS 1951 - Act Oct. 31, 1951, substituted 'United States district court for' for 'United States court in and for', and 'by law for' for 'on February 12, 1925, for'. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Subpoena, see rule 45, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 588. ------DocID 11771 Document 23 of 200------ -CITE- 9 USC Sec. 8 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 8. Proceedings begun by libel in admiralty and seizure of vessel or property -STATUTE- If the basis of jurisdiction be a cause of action otherwise justiciable in admiralty, then, notwithstanding anything herein to the contrary, the party claiming to be aggrieved may begin his proceeding hereunder by libel and seizure of the vessel or other property of the other party according to the usual course of admiralty proceedings, and the court shall then have jurisdiction to direct the parties to proceed with the arbitration and shall retain jurisdiction to enter its decree upon the award. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 672.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 8, 43 Stat 884. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Power of Supreme Court to prescribe rules of procedure and evidence for cases in United States district courts and courts of appeals, see section 2072 of Title 28, Judiciary and Judicial Procedure. ------DocID 7095 Document 24 of 200------ -CITE- 2 USC Sec. 61a-9 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 61a-9. Advancement by Secretary of Senate of travel funds to employees under his jurisdiction for Federal Election Campaign Act travel expenses -STATUTE- The Secretary of the Senate is hereafter authorized to advance, in his discretion, to any designated employee under his jurisdiction, such sums as may be necessary, not exceeding $1,500, to defray official travel expenses in assisting the Secretary in carrying out his duties under the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.). Any such employee shall, as soon as practicable, furnish to the Secretary a detailed voucher for such expenses incurred and make settlement with respect to any amount so advanced. -SOURCE- (Pub. L. 92-607, ch. V, Sec. 504, Oct. 31, 1972, 86 Stat. 1505.) -REFTEXT- REFERENCES IN TEXT The Federal Election Campaign Act of 1971, referred to in text, is Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3, as amended, which is classified principally to chapter 14 (Sec. 431 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 431 of this title and Tables. ------DocID 11773 Document 25 of 200------ -CITE- 9 USC Sec. 10 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 10. Same; vacation; grounds; rehearing -STATUTE- (a) In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration - (1) Where the award was procured by corruption, fraud, or undue means. (2) Where there was evident partiality or corruption in the arbitrators, or either of them. (3) Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced. (4) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made. (5) Where an award is vacated and the time within which the agreement required the award to be made has not expired the court may, in its discretion, direct a rehearing by the arbitrators. (b) The United States district court for the district wherein an award was made that was issued pursuant to section 590 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in section 582 of title 5. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 672; Nov. 15, 1990, Pub. L. 101-552, Sec. 5, 104 Stat. 2745.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by section 11 of Pub. L. 101-552, see Termination Date of 1990 Amendment; Savings Provision note below. -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 10, 43 Stat. 885. AMENDMENTS 1990 - Pub. L. 101-552 temporarily designated existing provisions as subsec. (a), in introductory provisions substituted 'In any' for 'In either', redesignated former subsecs. (a) to (e) as pars. (1) to (5), respectively, and added subsec. (b). See Termination Date of 1990 Amendment; Savings Provision note below. TERMINATION DATE OF 1990 AMENDMENT; SAVINGS PROVISION For termination of amendments by Pub. L. 101-552 and authority to use dispute resolution proceedings on Oct. 1, 1995, except with respect to certain pending proceedings, see section 11 of Pub. L. 101-552, set out as a Termination Date; Savings Provision note under section 581 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9 of this title; title 5 sections 590, 591; title 41 section 607. ------DocID 11774 Document 26 of 200------ -CITE- 9 USC Sec. 11 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 11. Same; modification or correction; grounds; order -STATUTE- In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration - (a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award. (b) Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted. (c) Where the award is imperfect in matter of form not affecting the merits of the controversy. The order may modify and correct the award, so as to effect the intent thereof and promote justice between the parties. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 673.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 11, 43 Stat. 885. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9 of this title; title 5 sections 590, 591; title 41 section 607. ------DocID 11775 Document 27 of 200------ -CITE- 9 USC Sec. 12 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 12. Notice of motions to vacate or modify; service; stay of proceedings -STATUTE- Notice of a motion to vacate, modify, or correct an award must be served upon the adverse party or his attorney within three months after the award is filed or delivered. If the adverse party is a resident of the district within which the award was made, such service shall be made upon the adverse party or his attorney as prescribed by law for service of notice of motion in an action in the same court. If the adverse party shall be a nonresident then the notice of the application shall be served by the marshal of any district within which the adverse party may be found in like manner as other process of the court. For the purposes of the motion any judge who might make an order to stay the proceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 673.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 12, 43 Stat. 885. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Service and filing of pleadings and other papers, see rule 5, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 sections 590, 591; title 41 section 607. ------DocID 11776 Document 28 of 200------ -CITE- 9 USC Sec. 13 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 13. Papers filed with order on motions; judgment; docketing; force and effect; enforcement -STATUTE- The party moving for an order confirming, modifying, or correcting an award shall, at the time such order is filed with the clerk for the entry of judgment thereon, also file the following papers with the clerk: (a) The agreement; the selection or appointment, if any, of an additional arbitrator or umpire; and each written extension of the time, if any, within which to make the award. (b) The award. (c) Each notice, affidavit, or other paper used upon an application to confirm, modify, or correct the award, and a copy of each order of the court upon such an application. The judgment shall be docketed as if it was rendered in an action. The judgment so entered shall have the same force and effect, in all respects, as, and be subject to all the provisions of law relating to, a judgment in an action; and it may be enforced as if it had been rendered in an action in the court in which it is entered. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 673.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 13, 43 Stat. 886. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Books and records kept by district court clerks and entries therein, see rule 79, Title 28, Appendix, Judiciary and Judicial Procedure. Entry of judgment, see rule 58, Title 28, Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 sections 590, 591; title 41 section 607. ------DocID 11777 Document 29 of 200------ -CITE- 9 USC Sec. 14 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 14. Contracts not affected -STATUTE- This title shall not apply to contracts made prior to January 1, 1926. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 674.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 15, 43 Stat. 886. PRIOR PROVISIONS Act Feb. 12, 1925, ch. 213, Sec. 14, 43 Stat. 886, former provisions of section 14 of this title relating to 'short title' is not now covered. ------DocID 11778 Document 30 of 200------ -CITE- 9 USC Sec. 15 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 15. Inapplicability of the Act of State doctrine -STATUTE- Enforcement of arbitral agreements, confirmation of arbitral awards, and execution upon judgments based on orders confirming such awards shall not be refused on the basis of the Act of State doctrine. -SOURCE- (Added Pub. L. 100-669, Sec. 1, Nov. 16, 1988, 102 Stat. 3969.) -COD- CODIFICATION Another section 15 of this title was renumbered section 16 of this title. ------DocID 11779 Document 31 of 200------ -CITE- 9 USC Sec. 16 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 16. Appeals -STATUTE- (a) An appeal may be taken from - (1) an order - (A) refusing a stay of any action under section 3 of this title, (B) denying a petition under section 4 of this title to order arbitration to proceed, (C) denying an application under section 206 of this title to compel arbitration, (D) confirming or denying confirmation of an award or partial award, or (E) modifying, correcting, or vacating an award; (2) an interlocutory order granting, continuing, or modifying an injunction against an arbitration that is subject to this title; or (3) a final decision with respect to an arbitration that is subject to this title. (b) Except as otherwise provided in section 1292(b) of title 28, an appeal may not be taken from an interlocutory order - (1) granting a stay of any action under section 3 of this title; (2) directing arbitration to proceed under section 4 of this title; (3) compelling arbitration under section 206 of this title; or (4) refusing to enjoin an arbitration that is subject to this title. -SOURCE- (Added Pub. L. 100-702, title X, Sec. 1019(a), Nov. 19, 1988, 102 Stat. 4670, Sec. 15; renumbered Sec. 16, Pub. L. 101-650, title III, Sec. 325(a)(1), Dec. 1, 1990, 104 Stat. 5120.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-650 renumbered the second section 15 of this title as this section. ------DocID 11780 Document 32 of 200------ -CITE- 9 USC CHAPTER 2 -EXPCITE- TITLE 9 CHAPTER 2 -HEAD- CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS -MISC1- Sec. 201. Enforcement of Convention 202. Agreement or award falling under the Convention. 203. Jurisdiction; amount in controversy. 204. Venue. 205. Removal of cases from State courts. 206. Order to compel arbitration; appointment of arbitrators. 207. Award of arbitrators; confirmation; jurisdiction; proceeding. 208. Chapter 1; residual application. AMENDMENTS 1970 - Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692, added heading for chapter 2 and analysis of sections for such chapter. ------DocID 11781 Document 33 of 200------ -CITE- 9 USC Sec. 201 -EXPCITE- TITLE 9 CHAPTER 2 -HEAD- Sec. 201. Enforcement of Convention -STATUTE- The Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, shall be enforced in United States courts in accordance with this chapter. -SOURCE- (Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.) -MISC1- EFFECTIVE DATE Section 4 of Pub. L. 91-368 provided that: 'This Act (enacting this chapter) shall be effective upon the entry into force of the Convention on Recognition and Enforcement of Foreign Arbitral Awards with respect to the United States.' The Convention was entered into force for the United States on Dec. 29, 1970. ------DocID 11782 Document 34 of 200------ -CITE- 9 USC Sec. 202 -EXPCITE- TITLE 9 CHAPTER 2 -HEAD- Sec. 202. Agreement or award falling under the Convention -STATUTE- An arbitration agreement or arbitral award arising out of a legal relationship, whether contractual or not, which is considered as commercial, including a transaction, contract, or agreement described in section 2 of this title, falls under the Convention. An agreement or award arising out of such a relationship which is entirely between citizens of the United States shall be deemed not to fall under the Convention unless that relationship involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with one or more foreign states. For the purpose of this section a corporation is a citizen of the United States if it is incorporated or has its principal place of business in the United States. -SOURCE- (Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 302 of this title. ------DocID 11783 Document 35 of 200------ -CITE- 9 USC Sec. 203 -EXPCITE- TITLE 9 CHAPTER 2 -HEAD- Sec. 203. Jurisdiction; amount in controversy -STATUTE- An action or proceeding falling under the Convention shall be deemed to arise under the laws and treaties of the United States. The district courts of the United States (including the courts enumerated in section 460 of title 28) shall have original jurisdiction over such an action or proceeding, regardless of the amount in controversy. -SOURCE- (Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 204, 302 of this title. ------DocID 11784 Document 36 of 200------ -CITE- 9 USC Sec. 204 -EXPCITE- TITLE 9 CHAPTER 2 -HEAD- Sec. 204. Venue -STATUTE- An action or proceeding over which the district courts have jurisdiction pursuant to section 203 of this title may be brought in any such court in which save for the arbitration agreement an action or proceeding with respect to the controversy between the parties could be brought, or in such court for the district and division which embraces the place designated in the agreement as the place of arbitration if such place is within the United States. -SOURCE- (Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 302 of this title. ------DocID 11785 Document 37 of 200------ -CITE- 9 USC Sec. 205 -EXPCITE- TITLE 9 CHAPTER 2 -HEAD- Sec. 205. Removal of cases from State courts -STATUTE- Where the subject matter of an action or proceeding pending in a State court relates to an arbitration agreement or award falling under the Convention, the defendant or the defendants may, at any time before the trial thereof, remove such action or proceeding to the district court of the United States for the district and division embracing the place where the action or proceeding is pending. The procedure for removal of causes otherwise provided by law shall apply, except that the ground for removal provided in this section need not appear on the face of the complaint but may be shown in the petition for removal. For the purposes of Chapter 1 of this title any action or proceeding removed under this section shall be deemed to have been brought in the district court to which it is removed. -SOURCE- (Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 302 of this title. ------DocID 11786 Document 38 of 200------ -CITE- 9 USC Sec. 206 -EXPCITE- TITLE 9 CHAPTER 2 -HEAD- Sec. 206. Order to compel arbitration; appointment of arbitrators -STATUTE- A court having jurisdiction under this chapter may direct that arbitration be held in accordance with the agreement at any place therein provided for, whether that place is within or without the United States. Such court may also appoint arbitrators in accordance with the provisions of the agreement. -SOURCE- (Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 693.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 15 of this title. ------DocID 11787 Document 39 of 200------ -CITE- 9 USC Sec. 207 -EXPCITE- TITLE 9 CHAPTER 2 -HEAD- Sec. 207. Award of arbitrators; confirmation; jurisdiction; proceeding -STATUTE- Within three years after an arbitral award falling under the Convention is made, any party to the arbitration may apply to any court having jurisdiction under this chapter for an order confirming the award as against any other party to the arbitration. The court shall confirm the award unless it finds one of the grounds for refusal or deferral of recognition or enforcement of the award specified in the said Convention. -SOURCE- (Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 693.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 302 of this title. ------DocID 11788 Document 40 of 200------ -CITE- 9 USC Sec. 208 -EXPCITE- TITLE 9 CHAPTER 2 -HEAD- Sec. 208. Chapter 1; residual application -STATUTE- Chapter 1 applies to actions and proceedings brought under this chapter to the extent that chapter is not in conflict with this chapter or the Convention as ratified by the United States. -SOURCE- (Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 693.) ------DocID 11789 Document 41 of 200------ -CITE- 9 USC CHAPTER 3 -EXPCITE- TITLE 9 CHAPTER 3 -HEAD- CHAPTER 3 - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION -MISC1- Sec. 301. Enforcement of Convention. 302. Incorporation by reference. 303. Order to compel arbitration; appointment of arbitrators; locale. 304. Recognition and enforcement of foreign arbitral decisions and awards; reciprocity. 305. Relationship between the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958. 306. Applicable rules of Inter-American Commercial Arbitration Commission. 307. Chapter 1; residual application. ------DocID 11790 Document 42 of 200------ -CITE- 9 USC Sec. 301 -EXPCITE- TITLE 9 CHAPTER 3 -HEAD- Sec. 301. Enforcement of Convention -STATUTE- The Inter-American Convention on International Commercial Arbitration of January 30, 1975, shall be enforced in United States courts in accordance with this chapter. -SOURCE- (Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 448.) -MISC1- EFFECTIVE DATE Section 3 of Pub. L. 101-369 provided that: 'This Act (enacting this chapter) shall take effect upon the entry into force of the Inter-American Convention on International Commercial Arbitration of January 30, 1975, with respect to the United States.' The Convention was entered into force for the United States on Oct. 27, 1990. ------DocID 11791 Document 43 of 200------ -CITE- 9 USC Sec. 302 -EXPCITE- TITLE 9 CHAPTER 3 -HEAD- Sec. 302. Incorporation by reference -STATUTE- Sections 202, 203, 204, 205, and 207 of this title shall apply to this chapter as if specifically set forth herein, except that for the purposes of this chapter 'the Convention' shall mean the Inter-American Convention. -SOURCE- (Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 448.) ------DocID 11792 Document 44 of 200------ -CITE- 9 USC Sec. 303 -EXPCITE- TITLE 9 CHAPTER 3 -HEAD- Sec. 303. Order to compel arbitration; appointment of arbitrators; locale -STATUTE- (a) A court having jurisdiction under this chapter may direct that arbitration be held in accordance with the agreement at any place therein provided for, whether that place is within or without the United States. The court may also appoint arbitrators in accordance with the provisions of the agreement. (b) In the event the agreement does not make provision for the place of arbitration or the appointment of arbitrators, the court shall direct that the arbitration shall be held and the arbitrators be appointed in accordance with Article 3 of the Inter-American Convention. -SOURCE- (Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 448.) ------DocID 11793 Document 45 of 200------ -CITE- 9 USC Sec. 304 -EXPCITE- TITLE 9 CHAPTER 3 -HEAD- Sec. 304. Recognition and enforcement of foreign arbitral decisions and awards; reciprocity -STATUTE- Arbitral decisions or awards made in the territory of a foreign State shall, on the basis of reciprocity, be recognized and enforced under this chapter only if that State has ratified or acceded to the Inter-American Convention. -SOURCE- (Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.) ------DocID 11794 Document 46 of 200------ -CITE- 9 USC Sec. 305 -EXPCITE- TITLE 9 CHAPTER 3 -HEAD- Sec. 305. Relationship between the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 -STATUTE- When the requirements for application of both the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, are met, determination as to which Convention applies shall, unless otherwise expressly agreed, be made as follows: (1) If a majority of the parties to the arbitration agreement are citizens of a State or States that have ratified or acceded to the Inter-American Convention and are member States of the Organization of American States, the Inter-American Convention shall apply. (2) In all other cases the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, shall apply. -SOURCE- (Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.) ------DocID 11795 Document 47 of 200------ -CITE- 9 USC Sec. 306 -EXPCITE- TITLE 9 CHAPTER 3 -HEAD- Sec. 306. Applicable rules of Inter-American Commercial Arbitration Commission -STATUTE- (a) For the purposes of this chapter the rules of procedure of the Inter-American Commercial Arbitration Commission referred to in Article 3 of the Inter-American Convention shall, subject to subsection (b) of this section, be those rules as promulgated by the Commission on July 1, 1988. (b) In the event the rules of procedure of the Inter-American Commercial Arbitration Commission are modified or amended in accordance with the procedures for amendment of the rules of that Commission, the Secretary of State, by regulation in accordance with section 553 of title 5, consistent with the aims and purposes of this Convention, may prescribe that such modifications or amendments shall be effective for purposes of this chapter. -SOURCE- (Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.) ------DocID 11796 Document 48 of 200------ -CITE- 9 USC Sec. 307 -EXPCITE- TITLE 9 CHAPTER 3 -HEAD- Sec. 307. Chapter 1; residual application -STATUTE- Chapter 1 applies to actions and proceedings brought under this chapter to the extent chapter 1 is not in conflict with this chapter or the Inter-American Convention as ratified by the United States. -SOURCE- (Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.) ------DocID 11882 Document 49 of 200------ -CITE- 10 USC CHAPTER 9 -EXPCITE- TITLE 10 Subtitle A PART I CHAPTER 9 -HEAD- CHAPTER 9 - REGULAR COMPONENTS -MISC1- (NO PRESENT SECTIONS) ------DocID 14591 Document 50 of 200------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 9 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS CLERK'S OFFICE -HEAD- Rule 9. Clerk -STATUTE- (a) Location of office. The Clerk's office shall be located in the courthouse at 450 E Street, Northwest, Washington, D.C. 20442. (b) Oath of office. Before entering upon the execution of his office, the Clerk shall take the oath or affirmation prescribed in Section 951 of Title 28, United States Code. (c) Custodian of records. The Clerk shall serve as custodian of the records of the Court, and shall not permit any documents relative to a case to be taken from the courthouse except by order of a judge of the Court. However, after final action on a case in which documents containing classified information have been filed with the Court under Rule 24(d), the Clerk shall, as Court Security Officer, consult with the originating armed service to determine the appropriate disposition of such documents. See Rule 12. (d) Disposition of procedural matters. Notwithstanding the provisions of Rule 6, the Clerk, on behalf of the Court, may entertain and act on any motion seeking an enlargement of time not to exceed 20 days, leave to withdraw as counsel, or permission to file citations, pleadings, or other papers relative to a matter pending before the Court, provided such motion is not opposed and such action does not substantially affect the rights of the parties or the ultimate decision in the case. The order of the Clerk shall be deemed the order of the Court. (e) Hours. The Clerk's office shall be open for the filing of pleadings and other papers from 9:00 a.m. to 5:00 p.m. every day except Saturdays, Sundays, and legal holidays, or as otherwise ordered by the Court. See Rule 36(a). ------DocID 14649 Document 51 of 200------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 9 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 9. Conduct of counsel -STATUTE- The conduct of counsel appearing before the Court shall be in accordance with rules of conduct prescribed pursuant to Rule for Courts-Martial 109 by the Judge Advocate General of the service concerned. In addition, the Court may exercise its inherent power to regulate counsel appearing before it, including the power to remove on an ad hoc basis counsel misbehaving before or in relation to their appearance before the Court. Conduct deemed by the Court to warrant consideration of suspension or other professional discipline shall be reported by the Court to the Judge Advocate General concerned. ------DocID 14797 Document 52 of 200------ -CITE- 11 USC CHAPTER 9 -EXPCITE- TITLE 11 CHAPTER 9 -HEAD- CHAPTER 9 - ADJUSTMENT OF DEBTS OF A MUNICIPALITY -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 901. Applicability of other sections of this title. 902. Definitions for this chapter. 903. Reservation of State power to control municipalities. 904. Limitation on jurisdiction and powers of court. SUBCHAPTER II - ADMINISTRATION 921. Petition and proceedings relating to petition. 922. Automatic stay of enforcement of claims against the debtor. 923. Notice. 924. List of creditors. 925. Effect of list of claims. 926. Avoiding powers. 927. Limitation on recourse. 928. Post petition effect of security interest. 929. Municipal leases. 930. Dismissal. SUBCHAPTER III - THE PLAN 941. Filing of plan. 942. Modification of plan. 943. Confirmation. 944. Effect of confirmation. 945. Continuing jurisdiction and closing of the case. 946. Effect of exchange of securities before the date of the filing of the petition. AMENDMENTS 1988 - Pub. L. 100-597, Sec. 11, Nov. 3, 1988, 102 Stat. 3030, added items 927 to 929 and redesignated former item 927 as 930. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 101, 103, 109, 347, 362, 365, 502, 503 of this title; title 28 section 1930. ------DocID 15141 Document 53 of 200------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 9 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 9. - List of Creditors Holding 20 Largest Unsecured Claims -STATUTE- (CAPTION AS IN FORM NO. 2) LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS Following is the list of the Debtor's creditors holding the 20 largest unsecured claims which is prepared in accordance with Rule 1007(d) for filing in this chapter 11 (or chapter 9) case. The list does not include those (1) persons who come within the definition of insider set forth in 11 U.S.C. Sec. 101(25), (2) secured creditors unless the value of the collateral is such that the unsecured deficiency places the creditor among the holders of the 20 largest unsecured claims, or (3) governmental units not within the definition of 'person' in 11 U.S.C. Sec. 101(35). -------------------------------------- (1) Name of creditor and complete mailing address including zip code (2): Name, telephone number and complete mailing address including zip code of employee, agent or department of creditor familiar with claim who may be contacted (3): Nature of claim (trade debt, bank loan, type of judgment, etc.) (4): Indicate if claim is contingent, unliquidated, disputed or subject to setoff (5): Amount of claim (if secured also state value of security) -------------------------------------- Date: XXXXXXX XXXXXXXXXX Debtor. -SOURCE- (As amended Sept. 19, 1986, eff. Sept. 19, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is for use in chapter 11 reorganization and chapter 9 municipality debt adjustment cases to enable the appointment, pursuant to Sec. 1102 and 901 of the Code, of a committee of unsecured creditors. The information contained on the form is to assist in expediting the formation of the committee and to assure adequate creditor representation. In accordance with Sec. 1102 of the Code, the form indicates that insiders should not be listed. 'Insiders' is defined in Sec. 101(25) of the Code to include, inter alia, persons who are related to the debtor, are partners, officers, directors, affiliates as further defined in Sec. 101(2) of the Code, or are otherwise in control of the debtor. Reference should be made to Sec. 101 for the complete listing of insiders. The nature of the claim should be specified to indicate whether it is an institutional debt, a trade debt for merchandise or supplies, a debt based on a judgment and the underlying basis for the judgment, or the like. In column (2), it is important to provide specific information with respect to the person to be contacted. In order to form the committee it may be necessary to write or telephone the creditors. If the creditor company is a large organization individual contact may otherwise be difficult or impossible. A secured creditor should be listed among the 20 largest unsecured creditors only if that creditor is sufficiently undersecured so as to fall within that category. NOTES OF ADVISORY COMMITTEE ON RULES - 1986 AMENDMENT The form has been amended to reflect the definition of 'person' in 11 U.S.C. Sec. 101(35), as modified by the 1984 amendments and renumbered by the 1986 amendments. -REFTEXT- REFERENCES IN TEXT Section 101 of title 11, referred to in Form 9, was subsequently amended, and section 101(25) and (35) no longer define the terms 'insider' and 'person'. However, such terms are defined in pars. (31) and (41), respectively, of that section. ------DocID 15178 Document 54 of 200------ -CITE- 12 USC Sec. 9 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 9. Additional examiners, clerks, and other employees -STATUTE- The Comptroller of the Currency is authorized to employ such additional examiners, clerks, and other employees as he deems necessary to carry out the provisions of sections 4, 6, 9, 10, 1151 to 1318, and 1322 of this title and to assign to duty in the office of his bureau in Washington such examiners and assistant examiners as he shall deem necessary to assist in the performance of the work of that bureau. -SOURCE- (Mar. 4, 1923, ch. 252, title II, Sec. 209(b), 42 Stat. 1467.) -REFTEXT- REFERENCES IN TEXT Section 6, referred to in text, was repealed by Pub. L. 86-251, Sec. 1(c)(1), Sept. 9, 1959, 73 Stat. 488. Sections 1151, 1161 to 1163, 1171, 1172, 1181, 1182, 1191, 1201, 1202, 1211 to 1215, 1221 to 1223, 1231, 1232, 1241 to 1244, 1246, 1247, 1249, 1251, 1261, 1271, 1281 to 1283, 1291 to 1293, 1301 to 1303, and 1322 of this title, included within the reference to sections 1151 to 1318, and 1322 of this title, were repealed by Pub. L. 86-230, Sec. 24, Sept. 8, 1959, 73 Stat. 466. Section 1151a, included within the reference to sections 1151 to 1318, was repealed by Pub. L. 92-181, title V, Sec. 5.26(a), Dec. 10, 1971, 85 Stat. 624. Sections 1245, 1248, and 1311 to 1318, included within the reference to sections 1151 to 1318 of this title, were repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948. The bureau, referred to in text, is known as the Office of the Comptroller of the Currency. -COD- CODIFICATION Section is comprised of subsec. (b), third sentence, of section 209 of act Mar. 4, 1923. For classification to this title of other provisions of section 209, see Tables. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. ------DocID 15821 Document 55 of 200------ -CITE- 12 USC CHAPTER 9 -EXPCITE- TITLE 12 CHAPTER 9 -HEAD- CHAPTER 9 - NATIONAL AGRICULTURAL CREDIT CORPORATIONS ------DocID 15991 Document 56 of 200-----