I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/13/93 at 22:16:52. Database: USCODE Search: (14:CITE) ------DocID 17068 Document 1 of 463------ -CITE- 14 USC TITLE 14 -EXPCITE- TITLE 14 -HEAD- TITLE 14 - COAST GUARD -MISC1- THIS TITLE WAS ENACTED BY ACT AUG. 4, 1949, CH. 393, SEC. 1, 63 STAT. 495 Part Sec. I. Regular Coast Guard 1 II. Coast Guard Reserve and Auxiliary 701 AMENDMENTS 1986 - Pub. L. 99-640, Sec. 10(a)(1), Nov. 10, 1986, 100 Stat. 3548, substituted '701' for '751' in item for part II. Table Showing Disposition of All Sections of Former Title 14 --------------------------------------------------------------------- Title 14 Former Sections Title 14 New Sections --------------------------------------------------------------------- 1 1, 3, 4(a), (b) 2 467 2a Elim. 3 3, 571 3a 481, 465, 488, 576 4 Rep. 5 41 5a-6 Rep. 6a 42 6b 47, 222, 462 6c 225 6d 224(c) 6e, 6f 433(a), (b) 7 4(c) 8 Rep. 9 41, 43 10 Rep. 10a 224(c), 226 10b-10f Rep. 10g 432(a) 10h 432(b) 10i Rep. 11 44, 45 11a 47, 48 12 47, 48 12a Rep. 13 485(b) 14 Rep. 15 182, 183 15a 184 15a-1 182, 185 15b 187, 188 15c 187, 189 15d 186 15e 191 15f 190 15g 193 15h 194 15i 192 15j Rep. 15k 476 16 223 16a, 16b Rep. 16c 223 17 223 18 223, 224 19, 19a, 20 Rep. 20a 228, 461 20a-1 228 20a-2 301 20b Rep. 20c 228 21 41, 225 21a 228, 301 21b 433(c) 22 632 23 352 24 Rep. 25 182 26 636 27 636 28 92(b), 144(a), 145(a) 29 88, 92(c), 93(b) 30 485(a) 31 144(b), 145(b) 31a 144(c) 31b 93(k) 31c 151 32, 33 (See former 131, 132) 34 632 34-1 T. 34 Sec. 450b-1 34a Rep. 35 351, 365, 367 35a 351, 367 35b 366 35c 367 35d 433(d) 36 651 37 651 38 Rep. 39 484 40, 40a Rep. 41 505 41a 504 42 145(a) 43 (See former 127) 43a 641(a) 44 Rep. 45 89(a) 46 89(b) 47 89(c) 48 634(a) 48a 91 49 148 50 432(c) 50a Rep. in part, elim. in part 50b 640 50c 643 50d T. 37 Sec. 31a. 50e 433(e). 50f-50j T. 5 Sec. 150p-150t 50k 90(a) 50l 90(b) 50m 81 50n 82 50o 81 51 89, 92(i) 52 89, 93(a) 53 88, 93(a) 54 93(c) 55 88, 93, (d) 56 Rep. 57 145(a) 58 632 59 Rep. 60 88 61 88(a) 62 88 63 88 64 638 65 Rep. 66 89 67 89 68 637 69 92(d), 93(h) 70 Rep. 71 646 72-74 Rep. 91 93(d), 632 92 633 93 92(c), 93(b) 94 92(c), 93(h) 95 92(a), 93(b) 96 92(f) 97 93(b), (c) 98 Rep. 98a 92(c), 93(b) 99 632 100-102 Rep. 103 632 104 88(a), 89(b) 105-107 Rep. 108 93(h), (i) 109 92(d), 93(h), (i) 110 93(m) 111 93(e) 112 93(b), (c) 121 461 121a-121c Rep. 121d 433(h) 122-127 Rep. 127a Elim. 128 Rep. 129 464 130, 130a Elim. 131 92(i) 132 479 132a, 133 Rep. 133a 475 134 478(b) 135 478 136 Rep. 136a 466 137 Rep. 138 472 141 562 142 561 143 563, 564, 566, 567 144 569(a) 145 569(b) 146 570 147 575, 644 148 482 161 46 161a 49 162 49 162a 230, 232, 243, 303, 313, 423 162b T. 34 Sec. 428 163 Rep. 164, 165 240, 310 165a 241, 311 165b 240, 241, 310, 311 166 Rep. 167 423 167a T. 37 Sec. 26a 167b Rep. 167b-1 Elim. 167b-2 483 167b-3 Elim. 167c T. 34 Sec. 399c-1 168 246, 315, 364 169 233, 241, 306, 311, 356 170 425, 635 171 234 172 233, 245, 306, 314, 356, 363 173 230, 303, 353 174 421(b) 174a 239, 309 175 231, 304, 354, 424 175a 238, 244 175b 235 175c 423 175d-175f Rep. 176, 177 Rep. 178 431(a) 178a 431(b) 178b 431(c) 179 Rep. 180 432(d) 181 432(e) 182 433(f) 183 433(g) 185 357(a) 185a 355 185b 358 185c 359, 360 185d 357(a), (c), 423 185e 633 186 755(e) 191 Rep. 192 93(m) 193-196 500 201 226 202 Rep. 203 226(a) 204 226(a), 227 205 Rep. 206 302, 351 207, 208 Rep. 251-259 Rep. 260 821 261 822 262 823 263 821 264 825 265 826 266 827 266a 828 266b 829 267 830 268 831 269 Rep. 270 832 271 893 301 751 302 752 303 754 304 751 305 753, 754 306 755 307 756 308 757 309 758 310 759 311 755(c) 312 760 313 761 314, 315 Rep. 351 753, 823 352 891, 892 353 Rep. 354 894 381-388 Rep. ------------------------------- POSITIVE LAW; CITATION This title has been enacted into positive law by section 1 of act Aug. 4, 1949, ch. 393, 63 Stat. 495, which provided in part that: 'Title 14 of the United States Code, entitled 'Coast Guard', is hereby revised, codified, and enacted into law, and may be cited as '14 U.S.C., Sec. - .' ' EFFECTIVE DATE Section 19 of act Aug. 4, 1949, ch. 393, 63 Stat. 561, provided that: 'This Act shall take effect on the first day of the third month after approval by the President but shall not affect any proceedings commenced by or against any person prior to the effective date of this Act.' REPEALS Section 20 of act Aug. 4, 1949, ch. 393, 63 Stat. 561, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large covering provisions codified in this act, with a proviso that 'any rights or liabilities now existing under such sections or parts thereof shall not be affected by such repeal'. LEGISLATIVE CONSTRUCTION Section 3 of act Aug. 4, 1949, ch. 393, 63 Stat. 557, provided that: 'No inference of a legislative construction is to be drawn by reason of the chapter in Title 14, Coast Guard, as set out in section 1 of this Act, in which any section is placed, nor by reason of the catch lines used in such title.' SEPARABILITY Section 2 of act Aug. 4, 1949, ch. 393, 63 Stat. 557, provided that: 'If any part of Title 14, United States Code, as enacted by section 1 of this Act, shall be held invalid the remainder of such title shall not be affected thereby.' ORDERS, RULES, AND REGULATIONS Section 4 of act Aug. 4, 1949, ch. 393, 63 Stat. 558, provided that: 'All orders, rules, and regulations of the Coast Guard in effect under provisions of law superseded or amended by this Act shall, to the extent they would have been authorized under this Act, remain in force and effect as the regulations and orders under the provisions of this Act and shall be administered and enforced under this Act as nearly as may be until specifically repealed, amended, or revised.' REDUCTION IN GRADE, RANK, PAY, ALLOWANCES, AND BENEFITS Section 5 of act Aug. 4, 1949, ch. 393, 63 Stat. 558, provided that: 'Nothing contained in this Act shall operate to abolish or reduce the grade, rank, rating, pay, allowances, or other benefits to which any person in the Coast Guard is entitled on the effective date of this Act.' -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 10 sections 379, 1006, 1174, 1406. ------DocID 7608 Document 2 of 463------ -CITE- 2 USC CHAPTER 14 -EXPCITE- TITLE 2 CHAPTER 14 -HEAD- CHAPTER 14 - FEDERAL ELECTION CAMPAIGNS -MISC1- SUBCHAPTER I - DISCLOSURE OF FEDERAL CAMPAIGN FUNDS Sec. 431. Definitions. 432. Organization of political committees. (a) Treasurer; vacancy; official authorizations. (b) Account of contributions; segregated funds. (c) Recordkeeping. (d) Preservation of records and copies of reports. (e) Principal and additional campaign committees; designations, status of candidate, authorized committees, etc. (f) Filing with and receipt of designations, statements, and reports by principal campaign committee. (g) Filing with and receipt of designations, statements, and reports by Clerk of House of Representatives or Secretary of Senate; forwarding to Commission; filing requirements with Commission; public inspection and preservation of designations, etc. (h) Campaign depositories; designations, maintenance of accounts, etc.; petty cash fund for disbursements; record of disbursements. (i) Reports and records, compliance with requirements based on best efforts. 433. Registration of political committees. (a) Statements of organizations. (b) Contents of statements. (c) Change of information in statements. (d) Termination, etc., requirements and authorities. 434. Reporting requirements. (a) Receipts and disbursements by treasurers of political committees; filing requirements. (b) Contents of reports. (c) Statements by other than political committees; filing; contents; indices of expenditures. 435, 436. Repealed. 437. Reports on convention financing. 437a, 437b. Repealed. 437c. Federal Election Commission. (a) Establishment; membership; term of office; vacancies; qualifications; compensation; chairman and vice chairman. (b) Administration, enforcement, and formulation of policy; exclusive jurisdiction of civil enforcement; Congressional authorities or functions with respect to elections for Federal office. (c) Voting requirements; delegation of authorities. (d) Meetings. (e) Rules for conduct of activities; judicial notice of seal; principal office. (f) Staff director and general counsel; appointment and compensation; appointment and compensation of personnel and procurement of intermittent services by staff director; use of assistance, personnel, and facilities of Federal agencies and departments; counsel for defense of actions. 437d. Powers of Commission. (a) Specific authorities. (b) Judicial orders for compliance with subpenas and orders of Commission; contempt of court. (c) Civil liability for disclosure of information. (d) Concurrent transmissions to Congress or Member of budget estimates, etc.; prior submission of legislative recommendations, testimony, or comments on legislation. (e) Exclusive civil remedy for enforcement. 437e. Repealed. 437f. Advisory opinions. (a) Requests by persons, candidates, or authorized committees; subject matter; time for response. (b) Procedures applicable to initial proposal of rules or regulations, and advisory opinions. (c) Persons entitled to rely upon opinions; scope of protection for good faith reliance. (d) Requests made public; submission of written comments by interested public. 437g. Enforcement. (a) Administrative and judicial practice and procedure. (b) Notice to persons not filing required reports prior to institution of enforcement action; publication of identity of persons and unfiled reports. (c) Reports by Attorney General of apparent violations. (d) Penalties; defenses; mitigation of offenses. 437h. Judicial review. 438. Administrative provisions. (a) Duties of Commission. (b) Audits and field investigations. (c) Statutory provisions applicable to forms and information-gathering activities. (d) Rules, regulations, or forms; issuance, procedures applicable, etc. (e) Scope of protection for good faith reliance upon rules or regulations. (f) Promulgation of rules, regulations, and forms by Commission and Internal Revenue Service; report to Congress on cooperative efforts. 439. Statements filed with State officers; 'appropriate State' defined; duties of State officers. 439a. Use of contributed amounts for certain purposes. 439b. Repealed. 439c. Authorization of appropriations. 440, 441. Repealed. 441a. Limitations on contributions and expenditures. (a) Dollar limits on contributions. (b) Dollar limits on expenditures by candidates for office of President of United States. (c) Increases on limits based on increases in price index. (d) Expenditures by national committee, State committee, or subordinate committee of State committee in connection with general election campaign of candidates for Federal office. (e) Certification and publication of estimated voting age population. (f) Prohibited contributions and expenditures. (g) Attribution of multi-State expenditures to candidate's expenditure limitation in each State. (h) Senatorial candidates. 441b. Contributions or expenditures by national banks, corporations, or labor organizations. 441c. Contributions by government contractors. (a) Prohibition. (b) Separate segregated funds. (c) 'Labor organization' defined. 441d. Publication and distribution of statements and solicitations; charge for newspaper or magazine space. 441e. Contributions by foreign nationals. 441f. Contributions in name of another prohibited. 441g. Limitation on contribution of currency. 441h. Fraudulent misrepresentation of campaign authority. 441i. Acceptance of excessive honorariums. (a) Prohibited practices. (b) Payment of honorarium to charitable organization. (c) Aggregate amount received during any calendar year. (d) Time of acceptance of honorarium. 441j. Repealed. 442. Authority to procure technical support and other services and incur travel expenses; payment of such expenses. SUBCHAPTER II - GENERAL PROVISIONS 451. Extension of credit by regulated industries; regulations. 452. Prohibition against use of certain Federal funds for election activities. 453. State laws affected. 454. Partial invalidity. 455. Period of limitations. 456. Repealed. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 61a-9 of this title; title 28 App. section 308. ------DocID 7778 Document 3 of 463------ -CITE- 3 USC Sec. 14 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 14. Forfeiture for messenger's neglect of duty -STATUTE- Every person who, having been appointed, pursuant to section 13 of this title, to deliver the certificates of the votes of the electors to the President of the Senate, and having accepted such appointment, shall neglect to perform the services required from him, shall forfeit the sum of $1,000. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 675.) ------DocID 8882 Document 4 of 463------ -CITE- 5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 14 -EXPCITE- TITLE 5 APPENDIX FEDERAL ADVISORY COMMITTEE ACT -HEAD- Sec. 14. Termination of advisory committees; renewal; continuation -STATUTE- (a)(1) Each advisory committee which is in existence on the effective date of this Act shall terminate not later than the expiration of the two-year period following such effective date unless - (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such two-year period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (2) Each advisory committee established after such effective date shall terminate not later than the expiration of the two-year period beginning on the date of its establishment unless - (A) in the case of an advisory committee established by the President or an officer of the Federal Government such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (b)(1) Upon the renewal of any advisory committee, such advisory committee shall file a charter in accordance with section 9(c). (2) Any advisory committee established by an Act of Congress shall file a charter in accordance with such section upon the expiration of each successive two-year period following the date of enactment of the Act establishing such advisory committee. (3) No advisory committee required under this subsection to file a charter shall take any action (other than preparation and filing of such charter) prior to the date on which such charter is filed. (c) Any advisory committee which is renewed by the President or any officer of the Federal Government may be continued only for successive two-year periods by appropriate action taken by the President or such officer prior to the date on which such advisory committee would otherwise terminate. -SOURCE- (Pub. L. 92-463, Sec. 14, Oct. 6, 1972, 86 Stat. 776.) -REFTEXT- REFERENCES IN TEXT Effective date of this Act, referred to in subsec. (a)(1), as meaning effective upon expiration of ninety days following enactment of Pub. L. 92-463 on Oct. 6, 1972, see section 15 of Pub. L. 92-463. -EXEC- EXECUTIVE ORDER NO. 11827 Ex. Ord. No. 11827, Jan. 4, 1975, 40 F.R. 1217, as amended by Ex. Ord. No. 11915, May 10, 1976, 41 F.R. 19195, which provided for the continuance of certain federal advisory committees, was superseded by Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, formerly set out as a note under this section. EXECUTIVE ORDER NO. 11948 Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, as amended by Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839; Ex. Ord. No. 12029, Dec. 14, 1977, 42 F.R. 63631, which provided for the continuance of certain federal advisory committees, was superseded by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note under this section. EX. ORD. NO. 12007. TERMINATION OF CERTAIN PRESIDENTIAL ADVISORY COMMITTEES Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to terminate certain advisory committees in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), it is hereby ordered as follows: Section 1. (a) The Citizens' Advisory Council on the Status of Women is terminated. (b) Executive Order No. 11126 of November 1, 1963, as amended by Executive Order No. 11221 of May 6, 1965 (set out as a note under 42 U.S.C. 2000e), is further amended as follows: (1) Subsection (5) of Section 102 is revoked. (2) Section 103, in order to delete a reference to the Council, is amended to read as follows: 'Annually the Committee shall transmit a report to the President concerning the status of women.' (3) Part II is revoked. (4) The second sentence of Section 301, in order to delete references to the Council, is amended to read as follows: 'To the extent practical and to the extent permitted by law (1) all Executive agencies shall cooperate with the Committee and furnish it such information and assistance as may be necessary for the performance of its functions, and (2) the Secretary of Labor shall furnish staff, office space, office facilities and supplies, and other necessary assistance, facilities, and services for the Committee.' Sec. 2. (a) The Citizens' Advisory Committee on Environmental Quality is terminated. (b) Part II of Executive Order No. 11472 of May 29, 1969, as amended by paragraphs (7) and (8) of Section 4 of Executive Order No. 11514 of March 5, 1970, is revoked. Sec. 3. (a) The Advisory Council for Minority Enterprise is terminated. (b) Section 2 of Executive Order No. 11625 of October 13, 1971, is revoked. Sec. 4. (a) The Consumer Advisory Council is terminated. (b) Executive Order No. 11583 of February 24, 1971 (set out as a note under 20 U.S.C. 2982), is amended as follows: (1) The second sentence of subsection (b)(1) of Section 2 is amended by deleting '(including the Consumer Advisory Council established in section 5 of this order)'. (2) Section 5 is revoked. Sec. 5. (a) The President's Advisory Board on International Investment is terminated. (b) Executive Order No. 11962 of January 19, 1977, is revoked. Sec. 6. Subsections (a), (g), (i), and (j) of Section 1 of Executive Order No. 11948 of December 20, 1976 (formerly set out as a note under this section), which extended the above advisory committees until December 31, 1978, is superseded. Jimmy Carter. EX. ORD. NO. 12029. TERMINATION OF A PRESIDENTIAL ADVISORY COMMITTEE Ex. Ord. No. 12029, Dec. 14, 1977, 42 F.R. 63631, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to terminate an advisory committee in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), it is hereby ordered as follows: Section 1. (a) The Quetico-Superior Committee is terminated. (b) Executive Order No. 11342, as amended, is revoked. Sec. 2. Subsection (e) of Section 1 of Executive Order No. 11948 of December 20, 1976 (formerly set out as a note under this section), which extended the above advisory committee until December 31, 1978, is superseded. Jimmy Carter. EXECUTIVE ORDER NO. 12110 Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, which provided for the continuance of certain federal advisory committees, was superseded by Ex. Ord. No. 12258, Dec. 31, 198, 46 F.R. 1251, as amended, formerly set out as a note under this section. EXECUTIVE ORDER NO. 12258 Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, as amended by Ex. Ord. No. 12271, Jan. 15, 1981, 46 F.R. 4677; Ex. Ord. No. 12299, Mar. 17, 1981, 46 F.R. 17751; Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421; Ex. Ord. No. 12336, Dec. 21, 1981, 46 F.R. 62239, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, formerly set out as a note under this section. EX. ORD. NO. 12305. TERMINATION OF CERTAIN FEDERAL ADVISORY COMMITTEES Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, provided: By the authority vested in me as President by the Constitution of the United States of America, and in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), the following Executive Orders, establishing advisory committees, are hereby revoked and the committees terminated: (a) Executive Order No. 12059 of May 11, 1978, as amended, establishing the United States Circuit Judge Nominating Commission; (b) Executive Order No. 11992 of May 24, 1977, establishing the Committee on Selection of Federal Judicial Officers; (c) Executive Order No. 12084 of September 27, 1978, as amended by Executive Order 12097 of November 8, 1978, establishing the Judicial Nominating Commission for the District of Puerto Rico; and (d) Executive Order No. 12064 of June 5, 1978, establishing the United States Tax Court Nominating Commission. Subsections (g), (i), (j) and (k) of Section 1-101 of Executive Order No. 12258 (formerly set out as a note under this section), extending these committees, are also revoked. Ronald Reagan. EX. ORD. NO. 12379. TERMINATION OF BOARDS, COMMITTEES, AND COMMISSIONS Ex. Ord. No. 12379, Aug. 17, 1982, 47 F.R. 36099, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, and to terminate the establishing authorities for committees that are inactive or no longer necessary, it is hereby ordered as follows: Section 1. Executive Order No. 12071, as amended (set out as a note under 29 U.S.C. 1001), establishing the President's Commission on Pension Policy, is revoked. Sec. 2. Executive Order No. 12042, creating a Board of Inquiry to Report on Labor Disputes Affecting the Bituminous Coal Industry in the United States, is revoked. Sec. 3. Executive Order No. 12085, creating an Emergency Board to Investigate a Dispute Between the Norfolk and Western Railway Company and Certain of Its Employees, is revoked. Sec. 4. Executive Order No. 12132, creating an Emergency Board to Investigate a Dispute Between the National Railway Labor Conference and Certain of Its Employees, is revoked. Sec. 5. Executive Order No. 12095, creating an Emergency Board to Investigate a Dispute Between Wien Air Alaska, Inc., and Certain Individuals, is revoked. Sec. 6. Executive Order No. 12159, creating an Emergency Board to Investigate Disputes Between the Chicago, Rock Island, Pacific Railroad and Peoria Terminal Company and Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees; and the United Transportation Union, is revoked. Sec. 7. Executive Order No. 12182, creating an Emergency Board to Investigate a Dispute Between the Long Island Rail Road and Certain of Its Employees, is revoked. Sec. 8. Executive Order No. 12207, creating an Emergency Board to Investigate a Dispute Between the Port Authority Trans-Hudson Corporation and Certain of Its Employees, is revoked. Sec. 9. Executive Order No. 12262 (set out as a note under 29 U.S.C. 1001), establishing an Interagency Employee Benefit Council, is revoked. Sec. 10. Executive Order No. 12275 (set out as a note under 20 U.S.C. 951), establishing the Design Liaison Council, is revoked. Sec. 11. Executive Order No. 11829, as amended (set out as a note under 25 U.S.C. 640d), establishing the Hopi-Navajo Land Settlement Interagency Committee, is revoked. Sec. 12. Executive Order No. 11022, as amended (set out as a note under 42 U.S.C. 3001), establishing the President's Council on Aging, is revoked. Sec. 13. Executive Order No. 12192 (set out as a note under 42 U.S.C. 2221), establishing the State Planing (Planning) Council on Radioactive Waste Management, is revoked. Sec. 14. Executive Order No. 12075, as amended (set out as a note under 42 U.S.C. 1450), establishing the Interagency Coordinating Council, is revoked. Sec. 15. Executive Order No. 11782 (set out as a note under 12 U.S.C. 2281), establishing the Federal Financing Bank Advisory Council, is revoked. Sec. 16. Executive Order No. 12089, as amended (set out as a note under 15 U.S.C. 2401), establishing the National Productivity Council, is revoked. Sec. 17. Executive Order No. 11330, as amended (set out as a note preceding 42 U.S.C. 2711), establishing the President's Council on Youth Opportunity, is revoked. Sec. 18. Executive Order No. 11256, establishing the President's Committee on Food and Fiber and establishing the National Advisory Commission on Food and Fiber, is revoked. Sec. 19. Executive Order No. 11654 (set out as a note under 15 U.S.C. 278f), continuing the Federal Fire Council, is revoked. Sec. 20. Executive Order No. 12083, as amended (set out as a note under 42 U.S.C. 7101), establishing the Energy Coordinating Committee, is revoked. Sec. 21. Executive Order No. 12285, as amended and ratified (set out as a note under 50 U.S.C. 1701), establishing the President's Commission on Hostage Compensation, is revoked. Sec. 22. Executive Order No. 12202, as amended (set out as a note under 42 U.S.C. 5848), establishing the Nuclear Safety Oversight Committee, is revoked. Sec. 23. Executive Order No. 12194 (set out as a note under 42 U.S.C. 1321), establishing the Radiation Policy Council, is revoked. Sec. 24. The Veterans' Federal Coordinating Committee (Weekly Compilation of Presidential Documents, volume 14, number 41, page 1743) is terminated. Sec. 25. The President's Council on Energy Efficiency (Weekly Compilation of Presidential Documents, volume 16, numbers 18 and 30, pages 790 and 1404) is terminated. Ronald Reagan. EXECUTIVE ORDER NO. 12399 Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under this section. EXECUTIVE ORDER NO. 12489 Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under this section. EXECUTIVE ORDER NO. 12534 Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, formerly set out as a note under this section. EXECUTIVE ORDER NO. 12610 Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, set out below. EX. ORD. NO. 12692. CONTINUANCE OF CERTAIN FEDERAL ADVISORY COMMITTEES Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, as amended by Ex. Ord. No. 12704, Feb. 26, 1990, 55 F.R. 6969, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows: Section 1. Each advisory committee listed below is continued until September 30, 1991: (a) Committee for the Preservation of the White House; Executive Order No. 11145, as amended (Department of the Interior) (3 U.S.C. 110 note). (b) Federal Advisory Council on Occupational Safety and Health; Executive Order No. 12196, as amended (Department of Labor) (5 U.S.C. 7902 note). (c) President's Commission on White House Fellowships; Executive Order No. 11183, as amended (Office of Personnel Management). (d) President's Committee on the Arts and the Humanities; Executive Order No. 12367, as amended (National Endowment for the Arts). (e) President's Committee on the International Labor Organization; Executive Order No. 12216 (Department of Labor) (22 U.S.C. 271 note). (f) President's Committee on Mental Retardation; Executive Order No. 11776 (Department of Health and Human Services) (42 U.S.C. note prec. 6000). (g) President's Committee on the National Medal of Science; Executive Order No. 11287, as amended (National Science Foundation) (42 U.S.C. 1881 note). (h) President's Council on Physical Fitness and Sports; Executive Order No. 12345, as amended (Department of Health and Human Services) (42 U.S.C. 300u-5 note). (i) President's Export Council; Executive Order No. 12131, as amended (Department of Commerce) (50 App. U.S.C. 2401 note). (j) President's National Security Telecommunications Advisory Committee; Executive Order No. 12382, as amended (Department of Defense). Sec. 2. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App.) that are applicable to the committees listed in Section 1 of this order, except that of reporting annually to the Congress, shall be performed by the head of the department or agency designated after each committee, in accordance with guidelines and procedures established by the Administrator of General Services. Sec. 3. The following Executive orders, which established committees that have terminated or whose work is completed, are revoked: (a) Executive Order No. 12462, as amended by Executive Order No. 12533, establishing the President's Advisory Committee on Mediation and Conciliation. (b) Executive Order No. 12592, establishing the President's Commission on Compensation of Career Federal Executives (5 U.S.C. 5382 note). (c) Executive Order No. 12668, establishing the President's Commission on Federal Ethics Law Reform. (d) Executive Order No. 12607, establishing the President's Commission on Privatization. (e) Executive Order No. 12296, as amended by Executive Order No. 12309, establishing the President's Economic Policy Advisory Board (15 U.S.C. 1023 note). (f) Executive Order No. 12528, as amended by Executive Order No. 12604, establishing the Presidential Board of Advisors on Private Sector Initiatives. (g) Executive Order No. 12601, as amended by Executive Order No. 12603, establishing the Presidential Commission on the Human Immunodeficiency Virus Epidemic. Sec. 4. Executive Order No. 12610 is superseded. Sec. 5. This order shall be effective September 30, 1989. George Bush. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 8473 of this title; title 7 sections 5005, 5843, 5853; title 15 section 4603; title 16 sections 410nn-3, 410oo-5, 410qq-2, 430g-8, 460ww-5, 463, 1274; title 20 section 5508; title 29 section 1142; title 33 section 2251; title 42 sections 218, 254j, 292b, 299c, 299c-1, 300d-1, 300j-5, 300v-3; title 44 section 2701; title 49 App. sections 1353, 1607c. ------DocID 8967 Document 5 of 463------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 14 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 14 OF 1950 -MISC1- EFF. MAY 24, 1950, 15 F.R. 3176, 64 STAT. 1267, AS AMENDED MAY 21, 1970, PUB. L. 91-258, TITLE I, SEC. 52(B)(7), 84 STAT. 235 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.). LABOR STANDARDS ENFORCEMENT In order to assure coordination of administration and consistency of enforcement of the labor standards provisions of each of the following Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, namely: (a) The Act of March 3, 1931 (46 Stat. 1494, ch. 411), as amended (40 U.S.C. 276a to 276a-6); (b) the Act of June 13, 1934 (48 Stat. 948, ch. 482) (40 U.S.C. 276c); (c) the Act of August 1, 1892 (27 Stat. 340, ch. 352), as amended (40 U.S.C. 321-323); (d) the Act of June 19, 1912 (37 Stat. 137, ch. 174), as amended (40 U.S.C. 324, 325); (e) the Act of June 3, 1939 (53 Stat. 804, ch. 175), as amended (12 U.S.C. 1703, 1708-1711, 1713, 1715c, 1716); (f) the Act of August 13, 1946 (60 Stat. 1040, ch. 958); (g) the Act of May 13, 1946 (60 Stat. 170, ch. 251), as amended (49 App. U.S.C. 1101-1119); (h) the Airport and Airway Development Act of 1970 (49 App. U.S.C. 1701 et seq.); and (i) the Act of July 15, 1949 (ch. 338, Public Law 171, Eighty-first Congress, First Session). (As amended Pub. L. 91-258, title I, Sec. 52(b)(7), May 21, 1970, 84 Stat. 235). MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 14 of 1950, prepared in accordance with the provisions of the Reorganization Act of 1949. For the purpose of coordinating the administration of labor standards under various statutes relating to Federal construction and public works or to construction with federally financed assistance or guaranties, the reorganization plan authorizes the Secretary of Labor to prescribe appropriate standards, regulations, and procedures with respect to these matters and to make such investigations concerning compliance with, and enforcement of, labor standards as he deems desirable. The purpose is to assure consistent and effective enforcement of such standards. The plan is in general accord with the recommendations of the Commission on Organization of the Executive Branch of the Government. It constitutes a further step in rebuilding and strengthening the Department of Labor to make it the central agency of the Government for dealing with labor problems. After investigation I have found and hereby declare that the reorganization contained in this plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. There are several laws regulating wages and hours of workers employed on Federal contracts for public works or construction. The 'eight hour laws' limit the employment of laborers and mechanics on such projects to 8 hours per day and permit their employment in excess of that limit only upon condition that time and one-half the basic-wage rate is paid for the excess hours. The Davis-Bacon Act provides that the minimum rates of pay for laborers and mechanics on certain Federal public-works contracts shall be those prevailing for the corresponding classes of workers in the locality as determined by the Secretary of Labor. The Copeland anti-kick-back law prohibits the exaction of rebates or kick-backs from workers employed on the construction of Federal public works or works financed by the Federal Government and authorizes the Secretary of Labor to make regulations for contractors engaged on such projects. In addition to the above statutes, there are several acts which require the payment of prevailing-wage rates, as determined by the Secretary of Labor, to laborers and mechanics employed on construction financed in whole or in part by loans or grants from the Federal Government or by mortgages guaranteed by the Federal Government. These acts are: the National Housing Act, the Housing Act of 1949, the Federal Airport Act, and the Hospital Survey and Construction Act of 1946. With the exception of the Department of Labor, the Federal agencies involved in the administration of the various acts are divided into two classes: (1) agencies which contract for Federal public works or construction; and (2) agencies which lend or grant Federal funds, or act as guarantors of mortgages, to aid in the construction of projects to be built by State or local public agencies or private individuals and groups. The methods of enforcing labor standards necessarily differ between these two groups of agencies. The methods adopted by the various agencies for the enforcement of labor standards vary widely in character and effectiveness. As a result, uniformity of enforcement is lacking and the degree of protection afforded workers varies from agency to agency. In order to correct this situation, this plan authorizes the Secretary of Labor to coordinate the administration of legislation relating to wages and hours on federally financed or assisted projects by prescribing standards, regulations, and procedures to govern the enforcement activities of the various Federal agencies and by making such investigations as he deems desirable to assure consistent enforcement. The actual performance of enforcement activities, normally including the investigation of complaints of violations, will remain the duty of the respective agencies awarding the contracts or providing the Federal assistance. Since the principal objective of the plan is more effective enforcement of labor standards, it is not probable that it will result in savings. But it will provide more uniform and more adequate protection for workers through the expenditures made for the enforcement of the existing legislation. Harry S. Truman. The White House, March 13, 1950. ------DocID 9045 Document 6 of 463------ -CITE- 6 USC Sec. 14 -EXPCITE- TITLE 6 -HEAD- (Sec. 14. Repealed. Pub. L. 92-310, title II, Sec. 203(1), June 6, 1972, 86 Stat. 202) -MISC1- Section, acts July 30, 1947, ch. 390, 61 Stat. 650; Aug. 9, 1955, ch. 683, Sec. 1, 69 Stat. 618, related to purchase of bonds to cover officers and employees of Federal Government. ------DocID 9095 Document 7 of 463------ -CITE- 7 USC Sec. 14 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 14. Repealed. Pub. L. 99-641, title I, Sec. 110(5), Nov. 10, 1986, 100 Stat. 3561 -MISC1- Section, act Sept. 21, 1922, ch. 369, Sec. 11, 42 Stat. 1003, provided that violations of this chapter occurring before Nov. 1, 1922, should not be punishable. ------DocID 9443 Document 8 of 463------ -CITE- 7 USC CHAPTER 14 -EXPCITE- TITLE 7 CHAPTER 14 -HEAD- CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 361. Repealed. 361a. Congressional declaration of purpose; definitions. 361b. Congressional statement of policy; researches, investigations and experiments. 361c. Authorization of appropriations and allotments of grants. (a) Authorization. (b) Allotments to States; authorization of appropriations for Virgin Islands and Guam; limitation. (c) Allotment of additional sums. (d) Allotment of amounts in excess of $90,000. (e) 'Administration' defined. (f) Adjustment of payments. (g) Reductions and reapportionments. 361d. Use of funds. 361e. Payment of allotments to State agricultural experiment stations; directors and treasurers or other officers; accounting; reports to Secretary; replacement by States of diminished, lost or misapplied allotments; subsequent allotments or payments contingent on such replacement. 361f. Publications of experiment stations; free mailing. 361g. Secretary of Agriculture; powers and duties; rules and regulations; determination of amount of entitlement; deduction of unexpended balances. 361h. Relation of college or university to State unaffected; division of appropriations. 361i. Power to amend, repeal, etc., reserved. 362 to 383. Transferred, Repealed, or Omitted. 384. Card index of agricultural literature; copies to be furnished by Secretary. 385. South Carolina Experiment Station; cooperation by Secretary of Agriculture; lump sum appropriation. 385a. Authorization of appropriations. 386 to 386g. Repealed. SUBCHAPTER II - EXPERIMENT STATIONS FOR PROPAGATION OF TREES, SHRUBS, VINES, AND VEGETABLES 387. Station for semi-arid or dry-land regions; establishment. 387a. Authorization of appropriations. 388. Station for southern Great Plains area; establishment. 388a. Authorization of appropriations. 389. Transfer of certain dry land and irrigation field stations to States. 389a. Conditions of transfer of dry land and irrigation field stations; reservation of mineral rights. SUBCHAPTER III - RESEARCH FACILITIES 390. Congressional declaration of policy. 390a. Congressional declaration of purpose. 390b. Definitions. 390c. Administration. (a) Authorization of appropriations. (b) Limitation on amount of grant; funding from non-Federal sources. (c) Rules and regulations. 390d. Eligibility for payments; facility proposals. 390e. Repealed. 390f. Multiple-purpose equipment and physical facilities; fund support basis. 390g. Repealed. 390h. Fiscal accountability. (a) Chief administrative officers; fiscal officers; duties; reports. (b) Diminution, loss, or misapplication of funds. 390i. Reports to Congress. 390j. Availability of appropriated funds for administration. 390k. Repealed. ------DocID 11777 Document 9 of 463------ -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 14597 Document 10 of 463------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 14 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS ATTORNEYS -HEAD- Rule 14. Honorary Membership -STATUTE- Honorary membership in the Bar of the Court may be granted from time to time to distinguished members of the legal profession of other nations who are knowledgeable in the fields of military justice or the law of war. A candidate for honorary membership will be presented at the Bar in person after the nomination has previously been approved by the Court. A certificate of honorary membership in the Bar will be presented to the person so honored. ------DocID 14654 Document 11 of 463------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 14 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 14. Waiver or withdrawal of appellate review -STATUTE- Withdrawals from appellate review, and waivers of appellate review filed after expiration of the period prescribed by Rule for Courts-Martial 1110(f)(1), will be referred to the Court for consideration. At its discretion, the Court may require the filing of a motion for withdrawal, issue a show cause order, or grant the withdrawal without further action, as may be appropriate. The Court will return the record of trial, in a case withdrawn from appellate review, to the Judge Advocate General for action pursuant to Rule for Courts-Martial 1112. ------DocID 15146 Document 12 of 463------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 14 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 14. - Order for Relief -STATUTE- (CAPTION AS IN FORM NO. 1) ORDER FOR RELIEF On consideration of the petition filed on XXXXXX against the above-named debtor, an order for relief under chapter 7 (or 11) of title 11 of the United States Code is GRANTED. Dated: XXXXXX BY THE COURT XXXXXXXXXXXXXX Bankruptcy Judge. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is an adaptation of former Official Form No. 11. It is appropriate for use when relief is ordered on an involuntary petition filed under Sec. 303 of the Code with respect to chapter 7 (liquidation) or chapter 11 (reorganization). If a contested petition is tried by the court without a jury (or with an advisory jury), the findings of fact and conclusions of law thereon must be stated separately. See Rule 7052(a), which is made applicable to proceedings on a contested petition by Rule 1018. ------DocID 15184 Document 13 of 463------ -CITE- 12 USC Sec. 14 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 14. Report of Comptroller -STATUTE- The Comptroller of the Currency shall make an annual report to Congress. -SOURCE- (R.S. Sec. 333; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 317; Aug. 7, 1946, ch. 770, Sec. 1(39), 60 Stat. 869.) -COD- CODIFICATION R.S. Sec. 333 derived from acts June 3, 1864, ch. 106, Sec. 61, 13 Stat. 117, and Feb. 19, 1873, ch. 166, 17 Stat. 466. Act June 3, 1864, was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1946 - Act Aug. 7, 1946, repealed in the opening clause, the requirement that the report to Congress shall be submitted at the commencement of its session, and repealed all provisions prescribing contents of the exhibits in the report. -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 15997 Document 14 of 463------ -CITE- 12 USC Sec. 1701z-14 -EXPCITE- TITLE 12 CHAPTER 13 -HEAD- Sec. 1701z-14. Lower cost technology demonstration program -STATUTE- The Secretary of Housing and Urban Development is authorized to develop and implement a demonstration program utilizing lower cost building technology for projects located on inner-city vacant land. -SOURCE- (Pub. L. 97-35, title III, Sec. 339C, Aug. 13, 1981, 95 Stat. 417.) -COD- CODIFICATION Section was enacted as part of the Housing and Community Development Amendments of 1981 and also as part of the Omnibus Budget Reconciliation Act of 1981, and not as part of the National Housing Act which comprises this chapter. -MISC3- EFFECTIVE DATE Section effective Oct. 1, 1981, see section 371 of Pub. L. 97-35, set out as a note under section 3701 of this title. ------DocID 16069 Document 15 of 463------ -CITE- 12 USC Sec. 1715z-14 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1715z-14. Reinsurance contracts -STATUTE- (a) Demonstration mortgage reinsurance program; areas; number of mortgages The purpose of this section is to authorize a demonstration mortgage reinsurance program designed to test the feasibility of entering into reinsurance contracts with private mortgage insurers in order to reduce Government risk and administrative costs, and to speed mortgage processing. The Secretary shall limit the demonstration under this section to not more than two administrative regions of the Department of Housing and Urban Development, and shall assure that the program is in the financial interest of the Government and will not result in loss of employment by any employees of the Department of Housing and Urban Development before March 15, 1988. The aggregate number of mortgages insured under this section in any administrative region of the Department of Housing and Urban Development in any fiscal year may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this subchapter in such region during the preceding fiscal year. (b) One- to four-family dwellings; requirements for private mortgage insurance companies Notwithstanding any other provision of this chapter inconsistent with this section, the Secretary is authorized to provide mortgage insurance with respect to one- to four-family dwellings under sections 1709(b), 1715y, and 1715z-10 of this title through reinsurance contracts with private mortgage insurance companies which have been determined to be qualified insurers under section 1717(b)(2)(C) of this title. Such contracts shall require private mortgage insurance companies to - (1) assume a percentage of loss on any mortgage insured pursuant to section 1709(b), 1715y, or 1715z-10 of this title covering a one- to four-family dwelling, which percentage of loss shall be set forth in the reinsurance contract; and (2) carry out (under appropriate delegation) such credit approval, appraisal, inspection, commitment, claims processing, property disposition, or other function as the Secretary pursuant to regulations, shall approve as consistent with the purposes of this section. (c) Required contract provisions Any contract of reinsurance under this section shall contain such provisions relating to the sharing of premiums on a sound actuarial basis, establishment of insurance reserves, manner of calculating claims on such insurance, conditions with respect to foreclosure, handling and disposition of property prior to claim or settlement, right of assignees, and other similar matters as the Secretary may prescribe pursuant to regulations. Pursuant to a contract under this section, a private mortgage insurance company shall endorse loans for insurance and take such other actions on behalf of the Secretary and in the Secretary's name as the Secretary may authorize. (d) Mortgages offered for inclusion by Secretary The Secretary shall require any private mortgage insurance company participating in the program under this section to provide reinsurance for those mortgages offered by the Secretary for inclusion in the program. -SOURCE- (June 27, 1934, ch. 847, title II, Sec. 249, as added Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 428(a), 97 Stat. 1219, and amended Oct. 8, 1985, Pub. L. 99-120, Sec. 1(g), 99 Stat. 502; Nov. 15, 1985, Pub. L. 99-156, Sec. 1(g), 99 Stat. 815; Dec. 26, 1985, Pub. L. 99-219, Sec. 1(g), 99 Stat. 1730; Mar. 27, 1986, Pub. L. 99-267, Sec. 1(g), 100 Stat. 73; Apr. 7, 1986, Pub. L. 99-272, title III, Sec. 3007(g), 100 Stat. 105; May 2, 1986, Pub. L. 99-289, Sec. 1(b), 100 Stat. 412; June 24, 1986, Pub. L. 99-345, Sec. 1, 100 Stat. 673; Sept. 30, 1986, Pub. L. 99-430, 100 Stat. 986; Sept. 30, 1987, Pub. L. 100-122, Sec. 1, 101 Stat. 793; Nov. 5, 1987, Pub. L. 100-154, 101 Stat. 890; Nov. 17, 1987, Pub. L. 100-170, 101 Stat. 914; Dec. 3, 1987, Pub. L. 100-179, 101 Stat. 1018; Dec. 21, 1987, Pub. L. 100-200, 101 Stat. 1327.) -MISC1- AMENDMENTS 1987 - Subsec. (a). Pub. L. 100-200 substituted 'March 15, 1988' for 'December 16, 1987'. Pub. L. 100-179 substituted 'December 16, 1987' for 'December 2, 1987'. Pub. L. 100-170 substituted 'December 2, 1987' for 'November 15, 1987'. Pub. L. 100-154 substituted 'November 15, 1987' for 'October 31, 1987'. Pub. L. 100-122 substituted 'October 31, 1987' for 'September 30, 1987'. 1986 - Subsec. (a). Pub. L. 99-430 substituted 'September 30, 1987' for 'September 30, 1986'. Pub. L. 99-345 substituted 'September 30, 1986' for 'June 6, 1986'. Pub. L. 99-289 substituted 'June 6, 1986' for 'April 30, 1986'. Pub. L. 99-272 made amendment identical to Pub. L. 99-219. See 1985 Amendment note below. Pub. L. 99-267 substituted 'April 30, 1986' for 'March 17, 1986'. 1985 - Subsec. (a). Pub. L. 99-219 substituted 'March 17, 1986' for 'December 15, 1985'. Pub. L. 99-156 substituted 'December 15, 1985' for 'November 14, 1985'. Pub. L. 99-120 substituted 'November 14, 1985' for 'September 30, 1985'. EVALUATION OF REINSURANCE PROGRAM; REPORT TO CONGRESS Section 428(b) of Pub. L. 98-181 provided that: 'The Secretary of Housing and Urban Development shall evaluate the reinsurance program under section 249 of the National Housing Act (this section) and, not later than March 1, 1985, submit to the Congress a report setting forth the results of such evaluation. Such report shall include an evaluation of the possible effect of a reinsurance program on the characteristics of the pool of mortgages remaining wholly under the applicable insurance funds and the actuarial soundness of such funds under such conditions.' ------DocID 16130 Document 16 of 463------ -CITE- 12 USC Sec. 1735f-14 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER V -HEAD- Sec. 1735f-14. Civil money penalties against mortgagees and lenders -STATUTE- (a) In general (1) Authority Whenever a mortgagee approved under this chapter, or a lender holding a contract of insurance under subchapter I of this chapter, knowingly and materially violates any of the provisions of subsection (b) of this section, the Secretary may impose a civil money penalty on the mortgagee or lender in accordance with the provisions of this section. The penalty shall be in addition to any other available civil remedy or any available criminal penalty, and may be imposed whether or not the Secretary imposes other administrative sanctions. (2) Amount of penalty The amount of the penalty, as determined by the Secretary, may not exceed $5,000 for each violation, except that the maximum penalty for all violations by any particular mortgagee or lender during any 1-year period shall not exceed $1,000,000. Each violation of a provision of subsection (b)(1) of this section shall constitute a separate violation with respect to each mortgage or loan application. In the case of a continuing violation, as determined by the Secretary, each day shall constitute a separate violation. (b) Violations for which a penalty may be imposed (1) Violations The Secretary may impose a civil money penalty under subsection (a) of this section for any knowing and material violation by a mortgagee or lender, as follows: (A) Except where expressly permitted by statute, regulation, or contract approved by the Secretary, transfer of a mortgage insured under this chapter to a mortgagee not approved by the Secretary, or transfer of a loan to a transferee that is not holding a contract of insurance under subchapter I of this chapter. (B) Failure of a nonsupervised mortgagee, as defined by the Secretary - (i) to segregate all escrow funds received from a mortgagor for ground rents, taxes, assessments, and insurance premiums; or (ii) to deposit these funds in a special account with a depository institution whose accounts are insured by the Federal Deposit Insurance Corporation through the Bank Insurance Fund for banks and through the Savings Association Insurance Fund for savings associations, or by the National Credit Union Administration. (C) Use of escrow funds for any purpose other than that for which they were received. (D) Submission to the Secretary of information that was false, in connection with any mortgage insured under this chapter, or any loan that is covered by a contract of insurance under subchapter I of this chapter. (E) With respect to an officer, director, principal, or employee - (i) hiring such an individual whose duties will involve, directly or indirectly, programs administered by the Secretary, while that person was under suspension or withdrawal by the Secretary; or (ii) retaining in employment such an individual who continues to be involved, directly or indirectly, in programs administered by the Secretary, while that person was under suspension or withdrawal by the Secretary. (F) Falsely certifying to the Secretary or submitting to the Secretary a false certification by another person or entity. (G) Failure to comply with an agreement, certification, or condition of approval set forth on, or applicable to - (i) the application of a mortgagee or lender for approval by the Secretary; or (ii) the notification by a mortgagee or lender to the Secretary concerning establishment of a branch office. (H) Violation of any provisions of subchapter I, II, or IX-A (as such subchapter existed immediately before December 15, 1989) of this chapter or any implementing regulation or handbook that is issued under this chapter. (2) Notification to Attorney General Before taking action to impose a civil money penalty for a violation under paragraph (1)(D) or paragraph (1)(F), the Secretary shall inform the Attorney General of the United States. (c) Agency procedures (1) Establishment The Secretary shall establish standards and procedures governing the imposition of civil money penalties under subsection (a) of this section. These standards and procedures - (A) shall provide for the Secretary to make the determination to impose the penalty or to use an administrative entity (such as the Mortgagee Review Board, established pursuant to section 1708(c) of this title) to make the determination; (B) shall provide for the imposition of a penalty only after the mortgagee or lender has been given an opportunity for a hearing on the record; and (C) may provide for review by the Secretary of any determination or order, or interlocutory ruling, arising from a hearing. (2) Final orders If no hearing is requested within 15 days of receipt of the notice of opportunity for hearing, the imposition of the penalty shall constitute a final and unappealable determination. If the Secretary reviews the determination or order, the Secretary may affirm, modify, or reverse that determination or order. If the Secretary does not review the determination or order within 90 days of the issuance of the determination or order, the determination or order shall be final. (3) Factors in determining amount of penalty In determining the amount of a penalty under subsection (a) of this section, consideration shall be given to such factors as the gravity of the offense, any history of prior offenses (including those before December 15, 1989), ability to pay the penalty, injury to the public, benefits received, deterrence of future violations, and such other factors as the Secretary may determine in regulations to be appropriate. (4) Reviewability of imposition of penalty The Secretary's determination or order imposing a penalty under subsection (a) of this section shall not be subject to review, except as provided in subsection (d) of this section. (d) Judicial review of agency determination (1) In general After exhausting all administrative remedies established by the Secretary under subsection (c)(1) of this section, a mortgagee or lender against whom the Secretary has imposed a civil money penalty under subsection (a) of this section may obtain a review of the penalty and such ancillary issues (such as any administrative sanctions under 24 C.F.R. part 25) as may be addressed in the notice of determination to impose a penalty under subsection (c)(1)(A) of this section in the appropriate court of appeals of the United States, by filing in such court, within 20 days after the entry of such order or determination, a written petition praying that the Secretary's determination or order be modified or be set aside in whole or in part. (2) Objections not raised in hearing The court shall not consider any objection that was not raised in the hearing conducted pursuant to subsection (c)(1) of this section unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at the hearing is material and that there were reasonable grounds for the failure to present such evidence at the hearing, the court shall remand the matter to the Secretary for consideration of the additional evidence. (3) Scope of review The decisions, findings, and determinations of the Secretary shall be reviewed pursuant to section 706 of title 5. (4) Order to pay penalty Notwithstanding any other provision of law, in any such review, the court shall have the power to order payment of the penalty imposed by the Secretary. (e) Action to collect penalty If any mortgagee or lender fails to comply with the Secretary's determination or order imposing a civil money penalty under subsection (a) of this section, after the determination or order is no longer subject to review as provided by subsections (c)(1) and (d) of this section, the Secretary may request the Attorney General of the United States to bring an action in an appropriate United States district court to obtain a monetary judgment against the mortgagee or lender and such other relief as may be available. The monetary judgment may, in the court's discretion, include the attorneys fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the Secretary's determination or order imposing the penalty shall not be subject to review. (f) Settlement by Secretary The Secretary may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section. (g) 'Knowingly' defined The term 'knowingly' means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section. (h) Regulations The Secretary shall issue such regulations as the Secretary deems appropriate to implement this section. (i) Deposit of penalties in insurance funds Notwithstanding any other provision of law, all civil money penalties collected under this section shall be deposited in the appropriate insurance fund or funds established under this chapter, as determined by the Secretary. -SOURCE- (June 27, 1934, ch. 847, title V, Sec. 536, as added Dec. 15, 1989, Pub. L. 101-235, title I, Sec. 107(a), 103 Stat. 2000.) -REFTEXT- REFERENCES IN TEXT Subchapter IX-A of this chapter, referred to in subsec. (b)(1)(H), was repealed by Pub. L. 101-235, title I, Sec. 133(a), Dec. 15, 1989, 103 Stat. 2027. -MISC2- EFFECTIVE DATE Section 107(b) of Pub. L. 101-235 provided that: 'The amendment made by subsection (a) (enacting this section) shall apply only with respect to - '(1) violations referred to in the amendment that occur on or after the effective date of this section (Dec. 15, 1989); and '(2) in the case of a continuing violation (as determined by the Secretary of Housing and Urban Development), any portion of a violation referred to in the amendment that occurs on or after such date.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1703 of this title. ------DocID 16214 Document 17 of 463------ -CITE- 12 USC Sec. 1749bbb-14 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-C Part D -HEAD- Sec. 1749bbb-14. Records, annual statement, and audits -STATUTE- (a) Information reports for Director Any insurer, pool, or property owner acquiring reinsurance or direct insurance under this subchapter shall furnish the Director with such summaries and analyses of information in its records as may be necessary to carry out the purposes of this subchapter, in such form as the Director, in cooperation with the State insurance authority, shall, by rules and regulations, prescribe. The Director shall make use of State insurance authority examination reports and facilities to the maximum extent feasible. (b) Filing of annual statement Any insurer or pool acquiring reinsurance under this subchapter shall file with the Director a true and correct copy of any annual statement, or amendment thereof, filed with the State insurance authority of its domiciliary State, at the time it files such statement or amendment with such State insurance authority. (c) Recordkeeping requirements Any insurer or other person executing any contract, agreement, or other appropriate arrangement with the Director under section 1749bbb-8 or 1749bbb-12 of this title shall keep reasonable records which fully disclose the total costs of the programs undertaken or the services being rendered, and such other records as will facilitate an effective audit of liability for reinsurance or direct insurance payments by the Director. (d) Investigation and audit The Director and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of investigation, audit, and examination to any books, documents, papers, and records of any insurer or other person that are pertinent to the costs of any program undertaken for, or services rendered to, the Director. Such audits shall be conducted to the maximum extent feasible in cooperation with the State insurance authorities and through the use of their examining facilities. -SOURCE- (June 27, 1934, ch. 847, title XII, Sec. 1244, formerly Sec. 1234, as added Aug. 1, 1968, Pub. L. 90-448, title XI, Sec. 1103, 82 Stat. 565, renumbered and amended Dec. 31, 1970, Pub. L. 91-609, title VI, Sec. 602(d), (f), (k), (l), 84 Stat. 1789-1791; Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 452(b)(1), 97 Stat. 1230.) -MISC1- AMENDMENTS 1983 - Pub. L. 98-181 substituted 'Director' for 'Secretary' wherever appearing. 1970 - Subsec. (a). Pub. L. 91-609, Sec. 602(k), required property owners acquiring insurance to furnish necessary information and made the requirement applicable when acquiring direct insurance. Subsec. (c). Pub. L. 91-609, Sec. 602(f), (l), renumbered section 1232 to be 1242 of act June 27, 1934, without affecting its designation in the text as section 1749bbb-12, and provided for audit of liability for direct insurance payments, respectively. ------DocID 16234 Document 18 of 463------ -CITE- 12 USC CHAPTER 14 -EXPCITE- TITLE 12 CHAPTER 14 -HEAD- CHAPTER 14 - FEDERAL CREDIT UNIONS -MISC1- Sec. 1751. Short title. 1751a. Omitted. SUBCHAPTER I - GENERAL PROVISIONS 1752. Definitions. 1752a. National Credit Union Administration. (a) Establishment; management under National Credit Union Administration Board. (b) Membership of Board; designation of Chairman. (c) Term of office. (d) Management of Administration vested in Board; adoption of rules; quorum; report to President and Congress. (e) Functions of Chairman. (f) Audit by General Accounting Office. 1753. Federal credit union organization. 1754. Approval of organization certificate. 1755. Fees. (a) Payment by Federal credit union to Administration. (b) Determinations of amount, assessment periods, and payment dates. (c) Supervision charge exception; waiver of payment. (d) Payment into Treasury of United States. (e) Investment of annual operating fees not needed for current operations. 1756. Reports and examinations. 1756a. Omitted. 1757. Powers. 1758. Bylaws. 1759. Membership. 1760. Members' meetings. 1761. Management. (a) Board of directors, credit committee, and supervisory committee, election to board. (b) Membership on supervisory committee; names and addresses of officers and committee members. (c) Compensation. 1761a. Officers of the board. 1761b. Board of directors; meetings; powers and duties; executive committee; membership officers; membership application. 1761c. Credit committee. (a) Members; meetings; lines of credit and approval of loans; delegation to loan officers. (b) Review and reversal of loan refusals; review by board in lieu of committee; limitation on disbursements by loan officers. 1761d. Supervisory committee; powers and duties; suspension of members; passbook. 1762. Reserves. 1763. Dividends. 1764. Expulsion and withdrawal. (a) Expulsion by two-thirds vote. (b) Expulsion based on nonparticipation. (c) Liability to credit union. 1765. Minors. 1766. Powers of Board. 1767. Fiscal agents and depositories; authorization to secure deposits by governmental bodies. 1768. Taxation. 1769. Separability; right to alter, amend, or repeal chapter. 1770. Allotment of space in Federal buildings. 1771. Conversion from Federal to State credit union and from State to Federal credit union. 1772. Territorial application of chapter. 1772a. Gifts; acceptance of conditional gifts; deposit. 1772b. Apportionment. 1772c. Trust fund. 1773. District of Columbia credit unions; conversion to Federal status. 1774. Approval of certificate; assets and obligations of applicant credit union. 1775. Conditions upon conversion to Federal status. SUBCHAPTER II - SHARE INSURANCE 1781. Insurance of member accounts. (a) Eligibility. (b) Application; agreement. (c) Approval of application. (d) Certificate of insurance. 1782. Administration of insurance fund. (a) Reports of condition. (b) Annual certified statements. (c) Deposit with National Credit Union Share Insurance Fund; amount, return, distribution, etc. (d) Remedy for failure to report; penalty for failure to file certified statement or pay premium; dispute as to deposit or premium charge; prohibition on distribution of assets or dividends while in default. (e) Recovery of unpaid deposit or premium; limitations. (f) Penalty for failure to comply with section; court determination of failure; remedies not exclusive. (g) Records. (h) Definitions. 1783. National Credit Union Share Insurance Fund. (a) Creation; use of fund. (b) Deposit of deposits and premium charges, fees and penalties. (c) Investment authorization. (d) Loans to fund, limitation and terms; interest accrual; determination of interest rate. (e) Excess funds credited against loans. (f) Authorization for fund to borrow from Central Liquidity Facility. 1784. Examination of insured credit unions. (a) Examiners and claim agents; powers; report by examiner; jurisdiction of court. (b) Power of Board; jurisdiction of court. (c) Court orders enforcing subpenas; immunity. (d) Administration acceptance of State board reports; reports of Board furnished to State board. 1785. Requirements governing insured credit unions. (a) Advertisement of insured status; exemptions; regulation of signs. (b) Restrictions. (c) Considerations for waiver or enforcement of restrictions. (d) Penalty for prohibited participation. (e) Security standards; reports; penalty. (f) Share draft accounts; maintenance, loans, etc. (g) Interest rates. (h) Emergency merger. (i) Emergency purchase of assets; conversion to insured deposits. 1786. Termination of insured credit union status; cease and desist orders; removal or suspension from office; procedure. (a) Termination of insurance. (b) Unsound condition of credit union; notice to correct condition; hearing; judicial review. (c) Notice to members of termination of insured status. (d) Continuation of insurance for one year; approval of conversion of status; procedure subsequent to approval; reduction of premium charges. (e) Opinion of Board as to unsound condition of credit union; notice of charges; hearing; order to cease and desist; judicial review. (f) Temporary cease and desist order; injunctive procedure. (g) Removal and prohibition authority. (h) Board's self-appointment as conservator; consultation with State; authority. (i) Suspension or removal of institution-affiliated party charged with crime. (j) Jurisdiction of hearing; procedure; judicial review. (k) Jurisdiction and enforcement; penalty. (l) Criminal penalty for violation of certain orders. (m) Definitions. (n) Notice or order to State board supervising State-chartered credit union. (o) Notice of proceedings to State board supervising State-chartered credit union; effect of corrective action by State board; attack on validity of notice or order. (p) Proceedings; powers of Board; court enforcement of subpenas; witness fees; expenses and attorneys' fees. (q) Compliance with monetary transaction recordkeeping and report requirements. (r) 'Institution-affiliated party' defined. (s) Public disclosure of agency action. (t) Regulation of certain forms of benefits to institution-affiliated parties. (u) Foreign investigations. 1787. Payment of insurance. (a) Liquidation by Board; bond; appointment of agent; fees to be fixed by Board. (b) Powers and duties of Board as conservator or liquidating agent. (c) Provisions relating to contracts entered into before appointment of conservator or liquidating agent. (d) Payment of insured deposits. (e) Subrogation of Board. (f) Valuation of claims in default. (g) Limitation on court action. (h) Liability of directors and officers. (i) Damages. (j) Board as liquidating agent of State-chartered credit unions. (k) Extent of insurance coverage; insurance of public funds; insurance regarding pension and profit-sharing plans. (l) Payment; discharge of liability. (m) Undisclosed names. (n) Withholding of payment due to liability of credit union member. (o) Unclaimed insured accounts; limitations. (p) Sale of assets; security for loans; approval of court; agreements affecting interest of Board in any asset acquired by it. (q) Prohibition on certain acquisitions of assets. (r) Foreign investigations. 1788. Special assistance to avoid liquidation. (a) Loans; purchase of assets; accounts; agreements affecting interest of Board in any asset acquired by it. (b) Protection of Fund. (c) Money paid into Fund. 1789. Administrative provisions. 1789a. Credit unions as depositaries of public money; fiscal agents; duties. 1790. Nondiscriminatory provision. 1790a. Board disapproval of directors, committee members, and senior executive officers of insured credit unions. (a) Prior notice required. (b) Disapproval by Board. (c) Exception in extraordinary circumstances. (d) Additional information. (e) Standard for disapproval. (f) Definition regulations. 1790b. Credit union employee protection remedy. (a) Prohibition against discrimination against whistleblowers. (b) Enforcement. (c) Remedies. (d) Limitations. 1790c. Reward for information leading to recoveries or civil penalties. SUBCHAPTER III - CENTRAL LIQUIDITY FACILITY 1795. Congressional findings. 1795a. Definitions. 1795b. National Credit Union Administration Central Liquidity Facility; establishment; management; jurisdiction. 1795c. Membership. (a) Credit unions serving natural persons. (b) Credit unions serving other credit unions. (c) Stock subscription requirements. (d) Functions of Agent members of Facility. (e) Withdrawal from or termination of membership. 1795d. Capital stock. (a) Opening of books; minimum subscription. (b) Requirements. (c) Redemption of stock. (d) Use of subscription amount. (e) Restriction on advances to credit unions. 1795e. Extensions of credit. 1795f. Powers of Board. (a) General authorities. (b) Collection and settlement of checks, share drafts, etc.; charges; rules and regulations. 1795g. Depositories, custodians, and fiscal agents. 1795h. Audit of financial transactions. 1795i. Annual report. 1795j. Agent of Federal Reserve System. 1795k. State and local tax exemption. (a) Franchise, activities, etc., of Central Liquidity Facility; exception. (b) Notes, bonds, debentures and other obligations of Central Liquidity Facility; exceptions. (c) 'State' defined; tax status. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1818, 1831k, 2804, 4009 of this title; title 7 sections 2007b, 2019; title 15 sections 1607, 1681s, 1691c, 1692l, 1693o; title 18 section 709. ------DocID 16574 Document 19 of 463------ -CITE- 12 USC Sec. 2277a-14 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER V Part E -HEAD- Sec. 2277a-14. Prohibitions -STATUTE- (a) Corporate name (1) Use of corporate name It shall be unlawful for any person or entity to use the words 'Farm Credit System Insurance Corporation' or any combination of such words that would have the effect of leading the public to believe that there is any connection between such person or entity and the Corporation, by virtue of the name under which such person or entity does business. (2) False representation (A) By outside person or entities It shall be unlawful for any person or entity to falsely represent by any device, that the notes, bonds, debentures, or other obligations of the person or entity are insured or in any way guaranteed by the Corporation. (B) System banks It shall be unlawful for any insured System bank or person that markets insured obligations to falsely represent the extent to which or the manner in which such obligations are insured by the Corporation. (3) Penalty Any person or entity that willfully violates any provision of this subsection shall be fined not more than $1,000, imprisoned for not more than 1 year, or both. (b) Payments or distributions while in default (1) In general It shall be unlawful for any insured System bank to pay any dividends on bank stock or participation certificates or interest on the capital notes or debentures of such bank (if such interest is required to be paid only out of net profits) or distribute any of the capital assets of such bank while the bank remains in default in the payment of any premium due to the Corporation. (2) Liability of directors Each director or officer of any insured System bank who willfully participates in the declaration or payment of any dividend or interest or in any distribution in violation of this subsection shall be fined not more than $1,000, imprisoned not more than 1 year, or both. (3) Applicability This subsection shall not apply to any default that is due to a dispute between the insured System bank and the Corporation over the amount of such premium if such bank deposits security satisfactory to the Corporation for payment on final determination of the issue. (c) Failure to file statement or pay premium (1) In general Any insured System bank that willfully fails or refuses to file any certified statement or pay any premium required under this part shall be subject to a penalty of not more than $100 for each day that such violations continue, which penalty the Corporation may recover for its use. (2) Applicability This subsection shall not apply to conduct with respect to any default that is due to a dispute between the insured System bank and the Corporation over the amount of such premium if such bank deposits security satisfactory to the Corporation for payment on final determination of the issue. (d) Employment of persons convicted of criminal offenses (1) In general Except with the prior written consent of the Farm Credit Administration, it shall be unlawful for any person convicted of any criminal offense involving dishonesty or a breach of trust to serve as a director, officer, or employee of any insured System institution. (2) Penalty For each willful violation of paragraph (1), the institution involved shall be subject to a penalty of not more than $100 for each day during which the violation continues, which the Corporation may recover for its use. -SOURCE- (Pub. L. 92-181, title V, Sec. 5.65, as added Pub. L. 100-233, title III, Sec. 302, Jan. 6, 1988, 101 Stat. 1619, and amended Pub. L. 101-624, title XVIII, Sec. 1837, Nov. 28, 1990, 104 Stat. 3834.) -MISC1- AMENDMENTS 1990 - Subsec. (d)(1). Pub. L. 101-624, Sec. 1837(1), substituted 'insured System institution' for 'insured System bank'. Subsec. (d)(2). Pub. L. 101-624, Sec. 1837(2), substituted 'institution' for 'bank'. ------DocID 16644 Document 20 of 463------ -CITE- 12 USC Sec. 2279aa-14 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VIII -HEAD- Sec. 2279aa-14. Federal jurisdiction -STATUTE- Notwithstanding section 1349 of title 28 or any other provision of law: (1) The Corporation shall be considered an agency under sections 1345 and 1442 of such title. (2) All civil actions to which the Corporation is a party shall be deemed to arise under the laws of the United States and, to the extent applicable, shall be deemed to be governed by Federal common law. The district courts of the United States shall have original jurisdiction of all such actions, without regard to amount of value. (3) Any civil or other action, case, or controversy in a court of a State or any court, other than a district court of the United States, to which the Corporation is a party may at any time before trial be removed by the Corporation, without the giving of any bond or security - (A) to the District Court of the United States for the district and division embracing the place where the same is pending; or (B) if there is no such district court, to the District Court of the United States for the district in which the principal office of the Corporation is located; by following any procedure for removal for causes in effect at the time of such removal. (4) No attachment or execution shall be issued against the Corporation or any of the property of the Corporation before final judgment in any Federal, State, or other court. -SOURCE- (Pub. L. 92-181, title VIII, Sec. 8.14, as added Pub. L. 100-233, title VII, Sec. 702, Jan. 6, 1988, 101 Stat. 1705.) ------DocID 16994 Document 21 of 463------ -CITE- 13 USC Sec. 14 -EXPCITE- TITLE 13 CHAPTER 1 SUBCHAPTER I -HEAD- (Sec. 14. Repealed. Pub. L. 89-473, Sec. 2(a), June 29, 1966, 80 Stat. 221) -MISC1- Section, added Pub. L. 87-489, Sec. 1(a), June 19, 1962, 76 Stat. 104, provided for reimbursement between appropriations. See section 1534 of Title 31, Money and Finance. REPEALS Pub. L. 89-473, June 29, 1966, 80 Stat. 221, which repealed this section and struck out item 14 in the analysis of sections comprising this chapter, was itself repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068. ------DocID 7070 Document 22 of 463------ -CITE- 2 USC Sec. 60e-3 to 60e-14 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-3 to 60e-14. Omitted -COD- CODIFICATION Sections were omitted as obsolete and superseded. See section 61-1 of this title and chapter 10A (Sec. 331 et seq.) of this title. Section 60e-3, acts June 30, 1945, ch. 212, title V, Sec. 501, 59 Stat. 301; May 24, 1946, ch. 270, Sec. 5(a), (b), 60 Stat. 217; June 23, 1949, ch. 238, Sec. 5, 63 Stat. 265, provided for payment of additional compensation to legislative branch employees. Section 60e-4, acts June 30, 1945, ch. 212, title V, Sec. 502, 59 Stat. 301; May 24, 1946, ch. 270, Sec. 5(c), 60 Stat. 217, provided for payment of additional compensation to legislative branch employees. Section 60e-4a, act July 3, 1948, ch. 830, title III, Sec. 301, 62 Stat. 1267, provided for payment of additional compensation to employees of the Federal Government and the District of Columbia government. Section 60e-5, acts Oct. 28, 1949, ch. 783, title I, Sec. 101(a), (b), 63 Stat. 974; June 28, 1955, ch. 189, Sec. 4(e)(1), 69 Stat. 177, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees. Section 60e-6, acts Oct. 24, 1951, ch. 554, Sec. 2(a), (b), (d), 65 Stat. 613; June 28, 1955, ch. 189, Sec. 4(b), (e)(1), 69 Stat. 176, 177, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees. Section 60e-7, acts June 28, 1955, ch. 189, Sec. 4(a), (e)(1), (g), (h), 69 Stat. 176-178; June 27, 1956, ch. 453, Sec. 101, 70 Stat. 363, provided for payment of additional compensation to legislative branch employees. Section 60e-8, Pub. L. 85-462, Sec. 4(a), (e), (f), (r), June 20, 1958, 72 Stat. 207-209, provided for payment of additional compensation to legislative branch employees. Section 60e-9, Pub. L. 86-568, title I, Sec. 117(a), (e)-(h), July 1, 1960, 74 Stat. 303, provided for payment of additional compensation to legislative branch employees. Section 60e-10, Pub. L. 87-793, Sec. 1005(a), (e)-(g), (i), Oct. 11, 1962, 76 Stat. 866, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees. Section 60e-11, Pub. L. 88-426, title II, Sec. 202(a)-(c), (h), Aug. 14, 1964, 78 Stat. 413, 414, provided for payment of additional compensation to legislative branch employees. Section 60e-12, Pub. L. 89-301, Sec. 11(a), (b), (i), Oct. 29, 1965, 79 Stat. 1120, 1121, provided for payment of additional compensation to legislative branch employees. Section 60e-13, Pub. L. 89-504, title III, Sec. 302(a), (b), (e), (i), July 18, 1966, 80 Stat. 294, provided for payment of additional compensation to legislative branch employees. Section 60e-14, Pub. L. 90-206, title II, Sec. 214(a), (b), (f), (m), Dec. 16, 1967, 81 Stat. 635-637, provided for payment of additional compensation to legislative branch employees. ------DocID 17069 Document 23 of 463------ -CITE- 14 USC PART I -EXPCITE- TITLE 14 PART I -HEAD- PART I - REGULAR COAST GUARD -MISC1- Chap. Sec. 1. Establishment and Duties 1 3. Composition and Organization 41 5. Functions and Powers 81 7. Cooperation With Other Agencies 141 9. Coast Guard Academy 181 11. Personnel 211 13. Pay, Allowances, Awards, and Other Rights and Benefits 461 (15. Repealed.) 17. Administration 631 19. Coast Guard Environmental Compliance and Restoration Program (FOOTNOTE 1) 690 (FOOTNOTE 1) So in original. Does not conform to chapter heading. AMENDMENTS 1989 - Pub. L. 101-225, title II, Sec. 222(b), Dec. 12, 1989, 103 Stat. 1918, added item for chapter 19. 1950 - Act May 5, 1950, ch. 169, Sec. 5, 14(v), 64 Stat. 148, repealed item for chapter 15 'Discipline and Related Matters - - - 561', effective May 31, 1951. ------DocID 17070 Document 24 of 463------ -CITE- 14 USC CHAPTER 1 -EXPCITE- TITLE 14 PART I CHAPTER 1 -HEAD- CHAPTER 1 - ESTABLISHMENT AND DUTIES -MISC1- Sec. 1. Establishment of Coast Guard. 2. Primary duties. 3. Relationship to Navy Department. 4. Operation as a service in the Navy. 5. 'Secretary' defined. ------DocID 17071 Document 25 of 463------ -CITE- 14 USC Sec. 1 -EXPCITE- TITLE 14 PART I CHAPTER 1 -HEAD- Sec. 1. Establishment of Coast Guard -STATUTE- The Coast Guard as established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times. The Coast Guard shall be a service in the Department of Transportation, except when operating as a service in the Navy. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 496; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(1), 90 Stat. 2519.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 1 (Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; July 11, 1941, ch. 290, Sec. 5, 6(a), 55 Stat. 585). Said section has been divided. Provisions relating to operation under the Navy in time of war are placed in sections 3 and 4 of this title, and the remainder is in this section. This section continues the Coast Guard as a military service and branch of the armed forces of the United States at all times. By the act of July 11, 1941, 55 Stat. 585 (title 14, U.S.C., 1946 ed., Sec. 1), the Coast Guard was constituted a branch of the land and naval forces of the United States at all times. This section therefore merely continues an existing agency and codifies existing law on the military status of the Coast Guard, substituting 'armed forces' for 'land and naval forces' because of the recent establishment of the Department of the Air Force as an 'armed force' rather than as a part of the 'land and naval forces'. The Coast Guard is designated a service in the Treasury Department except when operating as a service in the Navy. This is a better definition of the status of the Coast Guard than one which defines it as a service under the Treasury Department in time of peace, because the President is authorized to place the Coast Guard under the Navy in time of emergency, which could be in time of peace. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1976 - Pub. L. 94-546 substituted 'Department of Transportation' for 'Treasury Department'. -TRANS- TRANSFER OF FUNCTIONS Coast Guard transferred to Department of Transportation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 931. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of this title. See section 108 of Title 49, Transportation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 46 section 2101. ------DocID 17072 Document 26 of 463------ -CITE- 14 USC Sec. 2 -EXPCITE- TITLE 14 PART I CHAPTER 1 -HEAD- Sec. 2. Primary duties -STATUTE- The Coast Guard shall enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States; shall engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States; shall administer laws and promulgate and enforce regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States covering all matters not specifically delegated by law to some other executive department; shall develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, ice-breaking facilities, and rescue facilities for the promotion of safety on, under, and over the high seas and waters subject to the jurisdiction of the United States; shall, pursuant to international agreements, develop, establish, maintain, and operate icebreaking facilities on, under, and over waters other than the high seas and waters subject to the jurisdiction of the United States; shall engage in oceanographic research of the high seas and in waters subject to the jurisdiction of the United States; and shall maintain a state of readiness to function as a specialized service in the Navy in time of war, including the fulfillment of Maritime Defense Zone command responsibilities.. (FOOTNOTE 1) (FOOTNOTE 1) So in original. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 496; Oct. 5, 1961, Pub. L. 87-396, Sec. 1, 75 Stat. 827; June 12, 1970, Pub. L. 91-278, Sec. 1(1), 84 Stat. 304; Dec. 13, 1974, Pub. L. 93-519, 88 Stat. 1659; Nov. 10, 1986, Pub. L. 99-640, Sec. 6, 100 Stat. 3547; Sept. 28, 1988, Pub. L. 100-448, Sec. 17, 102 Stat. 1845; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7403, 102 Stat. 4484.) -MISC1- HISTORICAL AND REVISION NOTES This section defines in general terms, for the first time in any statute, all the primary duties of the Coast Guard. It is derived from title 14, U.S.C., 1946 ed., Sec. 45, 50k-50o, 51, 52, 53, 55, 60, 61, 62, 63, 98a, 104, 261, 301, title 33, U.S.C., 1946 ed., Sec. 720, 720a, 740, 740a, 740b, title 46, U.S.C., 1946 ed., Sec. 1 (footnote), 2 (R.S. 1536, 2747, 2758, 2759, 4249; June 23, 1874, ch. 455, Sec. 1, 18 Stat. 220; June 18, 1878, ch. 265, Sec. 4, 20 Stat. 163; July 5, 1884, ch. 221, Sec. 2, 23 Stat. 118; Feb. 14, 1903, ch. 552, Sec. 10, 32 Stat. 829; Apr. 19, 1906, ch. 1640, Sec. 1-3, 34 Stat. 123; May 12, 1906, ch. 2454, 34 Stat. 190; June 17, 1910, ch. 301, Sec. 6, 7, 36 Stat. 538; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; June 24, 1914, ch. 124, 38 Stat. 387; Mar. 3, 1915, ch. 81, Sec. 5, 38 Stat. 927; Aug. 29, 1916, ch. 417, 39 Stat. 1820; May 22, 1926, ch. 371, Sec. 6, 44 Stat. 626; June 30, 1932, ch. 314, Sec. 501, 47 Stat. 415; May 27, 1936, ch. 463, Sec. 1, 49 Stat. 1380; Aug. 16, 1937, ch. 665, Sec. 3, 50 Stat. 667; Feb. 19, 1941, ch. 8, Sec. 2, 201, 55 Stat. 9, 11; July 11, 1941, ch. 290, Sec. 7, 55 Stat. 585; Nov. 23, 1942, ch. 639, Sec. 2(2), 56 Stat. 102; Sept. 30, 1944, ch. 453, Sec. 1, 58 Stat. 759; June 22, 1948, ch. 600, 62 Stat. 574; June 26, 1948, ch. 672, 62 Stat. 1050). This section contains a codification of functions. It sets forth in general language the primary responsibilities of the Coast Guard: enforcement of all Federal laws on waters to which they have application, safety of life and property at sea, aiding navigation, and readiness to function with the Navy. Having been created in 1915 by the consolidation of the Revenue Cutter Service and the Life Saving Service, the Coast Guard has gradually been given additional duties and responsibilities, such as the assignment of law enforcement powers on the high seas and navigable waters in 1936, the transfer of the Lighthouse Service in 1939, and the transfer of the Bureau of Marine Inspection and Navigation in 1942. Existing along with these other duties has been that of maintaining a state of readiness as a specialized service prepared for active participation with the Navy in time of war. These various interdependent functions of the Service have not been expressed collectively in any statute heretofore, but it is believed desirable to do so in this revision in order to have outlined in general terms in one section the broad scope of the functions of the Coast Guard. 81st Congress, House Report No. 557. AMENDMENTS 1988 - Pub. L. 100-690 substituted 'United States; shall engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States; shall ad