I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/14/93 at 04:18:17. Database: USCODE Search: (19:CITE) ------DocID 25153 Document 1 of 968------ -CITE- 19 USC TITLE 19 -EXPCITE- TITLE 19 -HEAD- TITLE 19 - CUSTOMS DUTIES -MISC1- Chap. Sec. 1. Collection Districts, Ports, and Officers 1 1A. Foreign Trade Zones 81a 2. The Tariff Commission (Repealed or Omitted) 91 3. The Tariff and Related Provisions 121 4. Tariff Act of 1930 1202 5. Smuggling 1701 6. Trade Fair Program 1751 7. Trade Expansion Program 1801 8. Automotive Products 2001 9. Visual and Auditory Materials of Educational, Scientific, and Cultural Character 2051 10. Customs Service 2071 11. Importation of Pre-Columbian Monumental or Architectural Sculpture or Murals 2091 12. Trade Act of 1974 2101 13. Trade Agreements Act of 1979 2501 14. Convention on Cultural Property 2601 15. Caribbean Basin Economic Recovery 2701 16. Wine Trade 2801 17. Negotiation and Implementation of Trade Agreements 2901 18. Implementation of Harmonized Tariff Schedule 3001 19. Telecommunications Trade 3101 ------DocID 25165 Document 2 of 968------ -CITE- 19 USC Sec. 19, 20 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 19, 20. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 646 -MISC1- Section 19, act Feb. 9, 1925, ch. 167, 43 Stat. 819, related to appraiser of merchandise at Baltimore. Section 20, act Feb. 21, 1925, ch. 278, Sec. 1, 43 Stat. 957, related to office of appraiser of merchandise at Portland, Oregon. ------DocID 26041 Document 3 of 968------ -CITE- 19 USC CHAPTER 19 -EXPCITE- TITLE 19 CHAPTER 19 -HEAD- CHAPTER 19 - TELECOMMUNICATIONS TRADE -MISC1- Sec. 3101. Findings and purposes. (a) Findings. (b) Purposes. 3102. Definitions. 3103. Investigation of foreign telecommunications trade barriers. (a) In general. (b) Factors to be taken into account. (c) Revocations and additional identifications. (d) Report to Congress. 3104. Negotiations in response to investigation. (a) In general. (b) Establishment of specific negotiating objectives for each foreign priority country. (c) General negotiating objectives. (d) Specific negotiating objectives. 3105. Actions to be taken if no agreement obtained. (a) In general. (b) Actions authorized. (c) Negotiating period. (d) Modification and termination authority. (e) Report. 3106. Review of trade agreement implementation by Trade Representative. (a) In general. (b) Review factors. (c) Action in response to affirmative determination. 3107. Compensation authority. 3108. Consultations. (a) Advice from departments and agencies. (b) Advice from private sector. (c) Consultations with Congress and official advisors. (d) Modification of specific negotiating objectives. 3109. Submission of data; action to ensure compliance. (a) Submission of data. (b) Action to ensure compliance. 3110. Study on telecommunications competitiveness in United States. (a) In general. (b) Public comment. (c) Report. 3111. International obligations. ------DocID 9105 Document 4 of 968------ -CITE- 7 USC Sec. 19 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 19. Antitrust laws; anticompetitive means -STATUTE- The Commission shall take into consideration the public interest to be protected by the antitrust laws and endeavor to take the least anticompetitive means of achieving the objectives of this chapter, as well as the policies and purposes of this chapter, in issuing any order or adopting any Commission rule or regulation, or in requiring or approving any bylaw, rule, or regulation of a contract market or registered futures association established pursuant to section 21 of this title. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 15, as added Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 107, 88 Stat. 1395.) -REFTEXT- REFERENCES IN TEXT The antitrust laws, referred to in text, are classified generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade. -MISC2- EFFECTIVE DATE For effective date of section, see section 418 of Pub. L. 93-463, set out as an Effective Date of 1974 Amendment note under section 2 of this title. ------DocID 9590 Document 5 of 968------ -CITE- 7 USC CHAPTER 19 -EXPCITE- TITLE 7 CHAPTER 19 -HEAD- CHAPTER 19 - COTTON STATISTICS AND ESTIMATES -MISC1- Sec. 471. Statistics and estimates of grades and staple length of cotton; collection and publication. 472. Information furnished of confidential character; penalty for divulging information. 473. Persons required to furnish information; request; failure to furnish; false information. 473a. Cotton classification services; fees for costs of services, adjustments, surcharge, discounts, and announcement; sales of samples; disposition of moneys. 473b. Market supply, demand, condition and prices; collection and publication of information. 473c. Rules and regulations. 473c-1. Offenses in relation to sampling of cotton for classification. 473c-2. Penalties for offenses relating to sampling of cotton. 473c-3. Liability of principal for act of agent. 473d. Quality tests and analyses by Secretary for breeders and others; fees. 474. Powers of Secretary of Agriculture; appropriation. 475. Cotton crop reports. 476. Acreage reports. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 61a of this title. ------DocID 14603 Document 6 of 968------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 19 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS APPEALS -HEAD- Rule 19. Time Limits -STATUTE- (a) Petition for grant of review/supplement/answer/reply. (1) A petition for grant of review shall be filed no later than 60 days from the earlier of: (A) the date on which the appellant is notified of the decision of the Court of Military Review; or (B) the date on which a copy of the decision of the Court of Military Review, after being served on appellate counsel of record for the appellant (if any), is deposited in the United States mails for delivery by first-class certified mail to the appellant at an address provided by the appellant or, if no such address has been provided by the appellant, at the latest address listed for the appellant in his official service record. Under circumstances where certified mail is not available, registered mail may be used. See Article 67(c), UCMJ, 10 U.S.C. Sec. 867(c). (2) A certificate of notification shall be placed in the appellant's record of trial setting forth the manner and date that the appellant was notified of the decision of the Court of Military Review or the date that a copy of such decision was mailed to the appellant after service of a copy of such decision on appellate defense counsel of record. (3) For purposes of this rule, a petition for grant of review will be deemed to have been filed on the date when the petition has been mailed or delivered by an appellant or by counsel on behalf of an appellant directly to the Court. (4) Any petition for grant of review received from an appellant or counsel on behalf of an appellant shall, upon receipt, be accepted and docketed by the Clerk. If it appears that such petition is not in accord with Article 67, UCMJ, 10 U.S.C. Sec. 867, or with the Court's rules, the United States may move to dismiss such petition. (5)(A) Article 62, UCMJ, appeals. In cases involving a decision by a Court of Military Review on appeal by the United States under Article 62, UCMJ, 10 U.S.C. Sec. 862, a supplement to the petition establishing good cause in accordance with Rule 21 shall be filed no later than 20 days after the issuance by the Clerk of a notice of docketing of such a petition for grant of review. See Rule 10(c). An appellee's answer to the supplement to the petition for grant of review shall be filed no later than 10 days after the filing of such supplement. A reply may be filed by the appellant no later than 5 days after the filing of the appellee's answer. (B) Other appeals. In all other appeal cases, a supplement to the petition establishing good cause in accordance with Rule 21 shall be filed no later than 30 days after the issuance by the Clerk of a notice of docketing of a petition for grant of review. See Rule 10(c). An appellee's answer to the supplement to the petition for grant of review may be filed no later than 30 days after the filing of such supplement. See Rule 21(e). A reply may be filed by the appellant no later than 10 days after the filing of the appellee's answer. (6) The Court shall act promptly on a petition for grant of review. See Article 67(c), UCMJ, 10 U.S.C. Sec. 867(c). (7) Granted petitions. (A) Article 62, UCMJ, appeals. Where a petition has been granted in a case involving a decision by a Court of Military Review on appeal by the United States under Article 62, UCMJ, 10 U.S.C. Sec. 862, no further pleadings will be filed and the Court will, whenever practicable, give priority to such cases. (B) Other appeals. Where a petition has been granted in all other appeal cases and briefs have been ordered, an appellant's brief shall be filed in accordance with Rule 24 no later than 30 days after the date of the order granting the petition. An appellee's answer shall be filed no later than 30 days after the filing of an appellant's brief. A reply may be filed by the appellant no later than 10 days after the filing of the appellee's answer. (b) Certificate for review/brief/answer/reply. (1) Article 62, UCMJ, cases. In cases involving a decision by a Court of Military Review on appeal by the United States under Article 62, UCMJ, 10 U.S.C. Sec. 862, a certificate for review, together with a supporting brief in accordance with Rule 24 on behalf of the appellant, shall be filed with the Court by the Judge Advocate General no later than 30 days after the date of the decision of the Court of Military Review. See Rules 22 and 34(a). An appellee's answer shall be filed no later than 10 days after the filing of such certificate for review and supporting brief. A reply may be filed by the appellant no later than 5 days after the filing of the appellee's answer. (2) Extraordinary relief cases. In cases involving a decision by a Court of Military Review on application for extraordinary relief filed therein, a certificate for review, together with a supporting brief in accordance with Rule 24 on behalf of the appellant, shall be filed with the Court by the Judge Advocate General no later than 30 days after the date of the decision of the Court of Military Review. See Rules 22 and 34(a). An appellee's answer shall be filed no later than 10 days after the filing of such certificate for review and supporting brief. A reply may be filed by the appellant no later than 5 days after the filing of the appellee's answer. (3) Other cases. In all other cases involving a decision by a Court of Military Review, a certificate for review filed by the Judge Advocate General shall be filed no later than 30 days after the date of the decision of the Court of Military Review. See Rules 22 and 34(a). An appellant's brief shall be filed in accordance with Rule 24 no later than 30 days after the issuance by the Clerk of a notice of docketing of the certificate for review. An appellee's answer shall be filed no later than 30 days after the filing of an appellant's brief. A reply may be filed by the appellant no later than 10 days after the filing of the appellee's answer. (c) Mandatory review case. The record in a mandatory review case shall be filed with the Court by the Judge Advocate General, together with the form prescribed by Rule 23(a), upon the expiration of the time for filing a petition for reconsideration of the decision of the Court of Military Review or, in the event of the filing of such petition, upon the final disposition thereof. A brief setting forth assigned errors shall be filed by the appellant in accordance with Rule 24 no later than 60 days after the issuance by the Clerk of a notice of docketing of the case. An appellee's answer shall be filed no later than 60 days after the filing of the appellant's brief. A reply may be filed by the appellant no later than 20 days after the filing of the appellee's answer. (d) Petition for extraordinary relief. A petition for extraordinary relief under Rule 4(b)(1) shall be filed, with a supporting brief and any available record, as soon as possible but, in any event, no later than 20 days after the petitioner learns of the action complained of. However, a petition for a writ of habeas corpus may be filed at any time. See Rules 27(a) and 28. (e) Writ appeal petition. A writ appeal petition under Rule 4(b)(2) for review of a decision by a Court of Military Review acting on a petition for extraordinary relief shall be filed, together with any available record, no later than 20 days after the date the decision of the Court of Military Review is served on the appellant or appellant's counsel. Unless it is filed in propria persona, such writ appeal petition shall be accompanied by a supporting brief. An appellee's answer shall be filed no later than 10 days after the filing of an appellant's brief. A reply may be filed by the appellant no later than 5 days after the filing of the appellee's answer. See Rules 27(b) and 28. (f) Petition for new trial. When a petition for new trial has been filed with the Court in a case pending before the Court, a brief in support thereof, unless expressly incorporated in the petition, shall be filed no later than 30 days after the issuance by the Clerk of a notice of the filing of the petition. An appellee's answer shall be filed no later than 30 days after the filing of an appellant's brief. A reply may be filed no later than 10 days after the filing of the appellee's answer. See Rule 29. -SOURCE- (As amended Oct. 1, 1987.) -REFTEXT- REFERENCES IN TEXT Article 67(c), UCMJ, 10 U.S.C. Sec. 867(c), referred to in subsec. (a)(1)(B), (6), was redesignated Article 67(b), UCMJ, 10 U.S.C. Sec. 867(b), by Pub. L. 101-189, div. A, title XIII, Sec. 1301(a)(2), Nov. 29, 1989, 103 Stat. 1569. ------DocID 14659 Document 7 of 968------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 19 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 19. Reconsideration -STATUTE- (a) The Court may, in its discretion and on its own motion, enter an order to reconsider its decision in any case not later than 30 days after service of such decision on the accused's appellate defense counsel or on the accused, if the accused is not represented by appellate counsel, provided a petition for grant of review or certificate for review has not been filed with the United States Court of Military Appeals, or a record of trial for review under Article 67(b) has not been received by that Court. Copies of such order will be served on appellate defense counsel and appellate government counsel. No briefs or arguments shall be received unless the order so directs. (b) Provided a petition for grant of review or certificate for review has not been filed with the United States Court of Military Appeals, or a record of trial for review under Article 67(b) has not been received by the United States Court of Military Appeals, the Court may, in its discretion, reconsider its decision in any case upon motion filed either: (1) By appellate defense counsel within 20 days after receipt by counsel, or by the accused if the accused is not represented by counsel, of a decision or order, or (2) By appellate government counsel within 20 days after the decision or order is received by counsel. (c) A motion for reconsideration shall briefly and directly state the grounds for reconsideration, including a statement of facts showing jurisdiction in the Court. A reply to the motion for reconsideration will be received by the Court only if filed within 5 days of receipt of a copy of the motion. Oral arguments shall not be heard on a motion for reconsideration unless ordered by the Court. The original of the motion filed with the Court shall indicate the date of receipt of a copy of the same by opposing counsel. (d) The time limitations prescribed by this rule shall not be extended under the authority of Rule 24 or Rule 25 beyond the expiration of the time for filing a petition for review by the United States Court of Military Appeals, except that the time for filing briefs by either party may be extended for good cause. -SOURCE- (As amended May 29, 1986.) ------DocID 15151 Document 8 of 968------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 19 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 19. - Proof of Claim -STATUTE- (CAPTION AS IN FORM NO. 2) PROOF OF CLAIM 1. (If claimant is an individual) The undersigned, XXXXXX who is the claimant herein, resides at *XXXXXX. (If claimant is a partnership claiming through a member) The undersigned, XXXXXX, who resides at *XXXXXX, is a member of XXXXXX, a partnership, composed of the undersigned and XXXXXX, of *XXXXXX, and doing business at *XXXXXX, and is authorized to make this proof of claim in behalf of the partnership. (If claimant is a corporation claiming through an authorized officer) The undersigned, XXXXXX, who resides at *XXXXXX, is the XXXXXX of XXXXXX, a corporation organized under the laws of XXXXXX and doing business at *XXXXXX, and is authorized to make this proof of claim on behalf of the corporation. (If claim is made by agent) The undersigned, XXXXXX, who resides at *XXXXXX, is the agent of XXXXXX, of *XXXXXX, and is authorized to make this proof of claim on behalf of the claimant. 2. The debtor was, at the time of the filing of the petition, initiating this case, and still is indebted (or liable) to this claimant, in the sum of $XXXX. 3. The consideration for this debt (or ground of liability) is as follows: XXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX (If filed in a chapter 7 or 13 case) This claim consists of $XXXX in principal amount and $XXXX in additional charges (or no additional charges). (Itemize all charges in addition to principal amount of debt, state basis for inclusion and computation, and set forth any other consideration relevant to the legality of the charge.) XXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX 4. (If the claim is founded on writing) The writing on which this claim is founded (or a duplicate thereof) is attached hereto (or cannot be attached for the reason set forth in the statement attached hereto). 5. (If appropriate) This claim is founded on an open account, which became (or will become) due on XXXXXX, as shown by the itemized statement attached hereto. Unless it is attached hereto or its absence is explained in an attached statement, no note or other negotiable instrument has been received for the account or any part of it. 6. No judgment has been rendered on the claim except XXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX 7. The amount of all payments on this claim has been credited and deducted for the purpose of making this proof of claim. 8. This claim is not subject to any setoff or counterclaim exceptXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX 9. No security interest is held for this claim except XXXXXX (If security interest in property of the debtor is claimed) The undersigned claims the security interest under the writing referred to in paragraph 4 hereof (or under a separate writing which (or a duplicate of which) is attached hereto, or under a separate writing which cannot be attached hereto for the reason set forth in the statement attached hereto). Evidence of perfection of such security interest is also attached hereto. 10. This claim is a general unsecured claim, except to the extent that the security interest, if any, described in paragraph 9 is sufficient to satisfy the claim. (If priority is claimed, state the amount and basis thereof.) XXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX Dated: XXXXXX Signed: XXXXXXXXXXX Penalty for Presenting Fraudulent Claim. Fine of not more than $5,000 or imprisonment for not more than 5 years or both - Title 18, U.S.C., Sec. 152. * State mailing address. -SOURCE- (As amended Sept. 19, 1986, eff. Sept. 19, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is derived from former Official Form No. 15. It may be used by any claimant, including a wage earner for whom alternative short forms have been specially prepared (Form No. 20 and No. 21), or by an agent or attorney for any claimant. Such a combined form is commonly used in practice. If a security interest in the debtor's property is claimed, paragraph 9 requires that any security agreement (if not included in the writing on which the claim is founded and which is required by paragraph 4 to be attached) be attached to the proof of claim or that the reason why it cannot be attached be set forth. Paragraph 9 further requires evidence of perfection of the security interest to be attached to the proof of claim. See the Note to Rule 3001(d) as to what constitutes satisfactory evidence of perfection. The information so required will expedite determination of the validity of any claimed security interest as against the trustee. Paragraph 10, requiring an explicit statement as to whether the claim is filed as a general, priority, or secured claim, will facilitate administration and minimize troublesome litigation over the question whether a proof of claim was intended as a waiver of security. See, e.g., United States National Bank v. Chase National Bank, 331 U.S. 28, 35-36 (1947); 3 Collier, Bankruptcy 57.07(3.1) (14th ed. 1961). ------DocID 16074 Document 9 of 968------ -CITE- 12 USC Sec. 1715z-19 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1715z-19. Equity skimming penalty -STATUTE- Whoever, as an owner, agent, or manager, or who is otherwise in custody, control, or possession of property that is security for a mortgage note that is insured, acquired, or held by the Secretary pursuant to section 1709, 1713, 1715e, 1715k, 1715l(d)(3), 1715l(d)(4), 1715n(f), 1715v, 1715w, 1715y, 1715z-1, 1715z-3(c), 1715z-6, 1715z-7, 1715z-9, 1743, or 1748h-2 of this title, or subchapter IX-B of this chapter, or is made pursuant to section 1701q of this title, willfully uses or authorizes the use of any part of the rents, assets, proceeds, income or other funds derived from property covered by such mortgage note during a period when the mortgage note is in default or the project is in a nonsurplus cash position as defined by the regulatory agreement covering such property, for any purpose other than to meet actual or necessary expenses that include expenses approved by the Secretary if such approval is required under the terms of the regulatory agreement, shall be fined not more than $250,000 or imprisoned not more than 5 years, or both. -SOURCE- (June 27, 1934, ch. 847, title II, Sec. 254, as added Feb. 5, 1988, Pub. L. 100-242, title IV, Sec. 416(b), 101 Stat. 1908.) ------DocID 16219 Document 10 of 968------ -CITE- 12 USC Sec. 1749bbb-19 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-C Part D -HEAD- Sec. 1749bbb-19. Advance payments -STATUTE- Any payments which are made under the authority of this subchapter may be made, after necessary adjustments on account of previously made underpayments or overpayments in advance or by way of reimbursement. Payments may be made in such installments and on such conditions as the Director may determine. -SOURCE- (June 27, 1934, ch. 847, title XII, Sec. 1249, formerly Sec. 1239, as added Aug. 1, 1968, Pub. L. 90-448, title XI, Sec. 1103, 82 Stat. 566, renumbered Dec. 31, 1970, Pub. L. 91-609, title VI, Sec. 602(d), 84 Stat. 1789, and amended 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'. ------DocID 16364 Document 11 of 968------ -CITE- 12 USC CHAPTER 19 -EXPCITE- TITLE 12 CHAPTER 19 -HEAD- CHAPTER 19 - SECURITY MEASURES FOR BANKS AND SAVINGS ASSOCIATIONS -MISC1- Sec. 1881. 'Federal supervisory agency' defined. 1882. Security measures. (a) Rules for installation, maintenance, and operation of security devices and procedures. (b) Time for compliance with standards. 1883. Insurance rates; report to Congress. 1884. Penalties for violations. ------DocID 17344 Document 12 of 968------ -CITE- 14 USC CHAPTER 19 -EXPCITE- TITLE 14 PART I CHAPTER 19 -HEAD- CHAPTER 19 - ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM -MISC1- Sec. 690. Definitions. 691. Environmental Compliance and Restoration Program. 692. Environmental Compliance and Restoration Account. 693. Annual Report to Congress. ------DocID 17459 Document 13 of 968------ -CITE- 15 USC Sec. 19 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 19. Interlocking directorates and officers -STATUTE- (a)(1) No person shall, at the same time, serve as a director or officer in any two corporations (other than banks, banking associations, and trust companies) that are - (A) engaged in whole or in part in commerce; and (B) by virtue of their business and location of operation, competitors, so that the elimination of competition by agreement between them would constitute a violation of any of the antitrust laws; if each of the corporations has capital, surplus, and undivided profits aggregating more than $10,000,000 as adjusted pursuant to paragraph (5) of this subsection. (2) Notwithstanding the provisions of paragraph (1), simultaneous service as a director or officer in any two corporations shall not be prohibited by this section if - (A) the competitive sales of either corporation are less than $1,000,000, as adjusted pursuant to paragraph (5) of this subsection; (B) the competitive sales of either corporation are less than 2 per centum of that corporation's total sales; or (C) the competitive sales of each corporation are less than 4 per centum of that corporation's total sales. For purposes of this paragraph, 'competitive sales' means the gross revenues for all products and services sold by one corporation in competition with the other, determined on the basis of annual gross revenues for such products and services in that corporation's last completed fiscal year. For the purposes of this paragraph, 'total sales' means the gross revenues for all products and services sold by one corporation over that corporation's last completed fiscal year. (3) The eligibility of a director or officer under the provisions of paragraph (1) shall be determined by the capital, surplus and undivided profits, exclusive of dividends declared but not paid to stockholders, of each corporation at the end of that corporation's last completed fiscal year. (4) For purposes of this section, the term 'officer' means an officer elected or chosen by the Board of Directors. (5) For each fiscal year commencing after September 30, 1990, the $10,000,000 and $1,000,000 thresholds in this subsection shall be increased (or decreased) as of October 1 each year by an amount equal to the percentage increase (or decrease) in the gross national product, as determined by the Department of Commerce or its successor, for the year then ended over the level so established for the year ending September 30, 1989. As soon as practicable, but not later than October 30 of each year, the Federal Trade Commission shall publish the adjusted amounts required by this paragraph. (b) When any person elected or chosen as a director or officer of any corporation subject to the provisions hereof is eligible at the time of his election or selection to act for such corporation in such capacity, his eligibility to act in such capacity shall not be affected by any of the provisions hereof by reason of any change in the capital, surplus and undivided profits, or affairs of such corporation from whatever cause, until the expiration of one year from the date on which the event causing ineligibility occurred. -SOURCE- (Oct. 15, 1914, ch. 323, Sec. 8, 38 Stat. 732; May 15, 1916, ch. 120, 39 Stat. 121; May 26, 1920, ch. 206, 41 Stat. 626; Mar. 9, 1928, ch. 165, 45 Stat. 253; Mar. 2, 1929, ch. 581, 45 Stat. 1536; Aug. 23, 1935, ch. 614, Sec. 329, 49 Stat. 717; Nov. 16, 1990, Pub. L. 101-588, Sec. 2, 104 Stat. 2879.) -REFTEXT- REFERENCES IN TEXT The antitrust laws, referred to in subsec. (a)(1)(B), are defined in section 12 of this title. -MISC2- AMENDMENTS 1990 - Pub. L. 101-588 amended section generally, completely revising it in form by substituting text divided into a subsec. (a) consisting of five numbered paragraphs and a subsec. (b) consisting of a single unnumbered paragraph for former provisions which had consisted of a series of five undesignated paragraphs, and in substance by increasing the jurisdictional threshold for application of the section to corporations from $1,000,000 in net worth to $10,000,000 in net worth, creating three 'de minimis' exceptions to applications of the section in cases of insignificant competitive overlaps, and expanding the section to cover officers elected or chosen by the Board of Directors. 1935 - Act Aug. 23, 1935, amended section generally. 1929 - Act Mar. 2, 1929, amended second par. 1928 - Act Mar. 9, 1928, amended second par. -CROSS- CROSS REFERENCES Administrative authority to enforce compliance with this section, see section 21 of this title. Atomic energy licenses, antitrust provisions governing, see section 2135 of Title 42, The Public Health and Welfare. Injunctive relief for private parties, see section 26 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 21, 26 of this title; title 12 section 3205. ------DocID 17761 Document 14 of 968------ -CITE- 15 USC Sec. 80a-19 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-19. Payments or distributions -STATUTE- (a) Dividends; restriction; exception It shall be unlawful for any registered investment company to pay any dividend, or to make any distribution in the nature of a dividend payment, wholly or partly from any source other than - (1) such company's accumulated undistributed net income, determined in accordance with good accounting practice and not including profits or losses realized upon the sale of securities or other properties; or (2) such company's net income so determined for the current or preceding fiscal year; unless such payment is accompanied by a written statement which adequately discloses the source or sources of such payment. The Commission may prescribe the form of such statement by rules and regulations in the public interest and for the protection of investors. (b) Long-term capital gains; limitation It shall be unlawful in contravention of such rules, regulations, or orders as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors for any registered investment company to distribute long-term capital gains, as defined in title 26, more often than once every twelve months. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 19, 54 Stat. 821; Dec. 14, 1970, Pub. L. 91-547, Sec. 11, 84 Stat. 1422; Oct. 22, 1986, Pub. L. 99-514, Sec. 2, 100 Stat. 2095.) -MISC1- AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954', which for purposes of codification was translated as 'title 26' thus requiring no change in text. 1970 - Pub. L. 91-547 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective on expiration of one year after Dec. 14, 1970, see section 30(1) of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 17829 Document 15 of 968------ -CITE- 15 USC Sec. 80b-19 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER II -HEAD- Sec. 80b-19. Separability -STATUTE- If any provision of this subchapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the subchapter and the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. -SOURCE- (Aug. 22, 1940, ch. 686, title II, Sec. 219, 54 Stat. 857.) ------DocID 18336 Document 16 of 968------ -CITE- 15 USC CHAPTER 19 -EXPCITE- TITLE 15 CHAPTER 19 -HEAD- CHAPTER 19 - MISCELLANEOUS -MISC1- Sec. 1001. Prize-fight films as subjects of interstate or foreign commerce. 1002. Golden Gate Bridge tolls; Government traffic and personnel in performance of office business not subject to tolls. 1003. Authorization for free travel on Golden Gate Bridge; issuance, presentation, and acceptance; other authorization devices. 1004. Penalties. 1005. San Francisco-Oakland Bay Bridge tolls; Government traffic and personnel on official business exempted; Government personnel on Yerba Buena Island or Treasure Island exempted. 1006. Authorization for free travel on San Francisco-Oakland Bay Bridge; issuance, presentation, and acceptance; other authorization devices. 1007. Penalties. ------DocID 19613 Document 17 of 968------ -CITE- 16 USC Sec. 19 to 19c -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER III -HEAD- Sec. 19 to 19c. Repealed. Pub. L. 90-209, Sec. 2, Dec. 18, 1967, 81 Stat. 656 -MISC1- Sections, act July 10, 1935, ch. 375, Sec. 1-3, 5, 49 Stat. 477, 478, related to: creation of National Park Trust Fund Board, its composition, conduct of business, and compensation; authority to accept and administer gifts, disposition of income, and limitations thereof; succession, powers as trustee, and jurisdiction of suits; and exemption of gifts from taxation, respectively. See sections 19e to 19n of this title. ------DocID 21085 Document 18 of 968------ -CITE- 16 USC Sec. 460l-19 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIX Part C -HEAD- Sec. 460l-19. Feasibility reports -STATUTE- Effective on and after July 1, 1966, neither the Secretary of the Interior nor any bureau nor any person acting under his authority shall engage in the preparation of any feasibility report under reclamation law with respect to any water resource project unless the preparation of such feasibility report has been specifically authorized by law, any other provision of law to the contrary notwithstanding. -SOURCE- (Pub. L. 89-72, Sec. 8, July 9, 1965, 79 Stat. 217.) -REFTEXT- REFERENCES IN TEXT Reclamation law, referred to in text, is classified generally to chapter 12 (Sec. 371 et seq.) of Title 43, Public Lands. ------DocID 21112 Document 19 of 968------ -CITE- 16 USC Sec. 460m-19 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXI-A -HEAD- Sec. 460m-19. Mineral lands -STATUTE- (a) Mining; prohibition and limitation Notwithstanding any other provision of law, no surface mining of any kind shall be permitted on federally owned lands within the boundary of the national river where the subsurface estate is not federally owned. Underground mining on such lands may be permitted by the Secretary only if - (1) the mining operation will have no significant adverse impact on the public use and enjoyment of the national river; (2) the mining operation will disturb the minimum amount of surface necessary to extract the mineral; and (3) the surface is not significantly disturbed, unless there is no technologically feasible alternative. (b) Timber harvesting The harvesting of timber on federally owned lands within the national river boundary is prohibited, except insofar as it is necessary for the Secretary to remove trees for river access, historic sites, primitive campgrounds, scenic vistas, or as may be necessary from time to time for reasons of public health and safety. (c) Civil action; jurisdiction; recovery The owner of a mineral estate subject to this section who believes he has suffered a loss by operation of this section, may bring an action only in a United States district court to recover just compensation, which shall be awarded if the court finds that such loss constitutes a taking of property compensable under the Constitution. -SOURCE- (Pub. L. 95-625, title XI, Sec. 1105, Nov. 10, 1978, 92 Stat. 3546.) ------DocID 21209 Document 20 of 968------ -CITE- 16 USC Sec. 460u-19 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXIX -HEAD- Sec. 460u-19. Acquisition of land outside present boundaries; notice to Congressional committees; publication in Federal Register -STATUTE- After notifying the Committees on Interior and Insular Affairs of the United States Congress, in writing, of his intentions to do so and of the reasons therefor, the Secretary may, if he finds that such lands would make a significant contribution to the purposes for which the lakeshore was established, accept title to any lands, or interests in lands, located outside the present boundaries of the lakeshore but contiguous thereto or to lands acquired under this section, such lands the State of Indiana or its political subdivisions may acquire and offer to donate to the United States or which any private person, organization, or public or private corporation may offer to donate to the United States and he shall administer such lands as a part of the lakeshore after publishing notice to that effect in the Federal Register. -SOURCE- (Pub. L. 89-761, Sec. 19, formerly Sec. 20, added and renumbered Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2532, 2533.) -CHANGE- CHANGE OF NAME Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the 'Committee System Reorganization Amendments of 1977'), approved Feb. 4, 1977. ------DocID 21453 Document 21 of 968------ -CITE- 16 USC Sec. 460vv-19 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVII -HEAD- Sec. 460vv-19. Acreages -STATUTE- The acreage specified in this subchapter is approximate and in the event of discrepancies between cited acreage and the lands depicted on reference maps, the maps shall control. -SOURCE- (Pub. L. 100-499, Sec. 21, Oct. 18, 1988, 102 Stat. 2500.) ------DocID 22775 Document 22 of 968------ -CITE- 16 USC CHAPTER 19 -EXPCITE- TITLE 16 CHAPTER 19 -HEAD- CHAPTER 19 - NORTH PACIFIC FISHERIES -MISC1- Sec. 1021. Definitions. 1022. United States Commissioners. (a) Appointment; number; term compensation; eligibility. (b) Alternate United States Commissioners; appointment; powers and duties. 1023. Advisory committee. (a) Appointment and number of members; terms of office. (b) Sessions of Commission. (c) Section meetings. (d) Compensation. 1024. Repealed. 1025. Acceptance or rejection of recommendations of Commission by Secretary of State; concurrence of Secretary. 1025a. Administration and enforcement of Convention, etc. (a) Authority of Secretary. (b) Regulations implementing Convention and chapter; cooperation with officials of any government party to Convention. (c) Area subject to regulations. 1026. Cooperation with other agencies. 1027. Enforcement provisions. (a) Authority of Secretary and Secretary of department in which Coast Guard is operating; agreements for utilization of personnel, services, equipment, and facilities of Federal and State agencies for implementation of duties. (b) Powers of enforcement officers. (c) Jurisdiction of district courts. (d) Additional powers of enforcement officers. 1028. Transferred. 1029. Unlawful activities. 1030. Penalties. (a) Civil penalties; administrative and judicial procedures applicable; amount of fine; compromise, modification, etc. (b) Criminal penalties; activities constituting offenses; fine and sentence. (c) Seizure and forfeiture of fishing vessels, etc.; procedures applicable. 1031. Repealed. 1032. Funding requirements. (a) General authorization of appropriations. (b) Availability of funds. (c) Authorization of appropriations for marine mammal research program, etc. (d) Authorization of appropriations for sonar censusing project. 1033. Registration permits for Canadian or Japanese fishing vessels fishing in fishery conservation zone. (a) Requirement. (b) Issuance; contents; display; form and manner of applications; payment and collection of fees. (c) Exempted fishing vessels. 1034. Protection of marine mammals. (a) Determination of effect of Japanese drift gillnet fishery; reduction of incidental taking. (b) Extension of General Permit to the Federation of Japan Salmon Fisheries Cooperative Association; conditions. (c) Suspension or modification of General Permit. (d) Modification of terms of issue for General Permit. (e) Commitment of agreements with Japan to research. (f) Further conditions for General Permit: funding for research and reduction of incidental taking. 1035. Provisional administrative authorization. ------DocID 23804 Document 23 of 968------ -CITE- 18 USC Sec. 19 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 19. Petty offense defined -STATUTE- As used in this title, the term 'petty offense' means a Class B misdemeanor, a Class C misdemeanor, or an infraction, for which the maximum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization. -SOURCE- (Added Pub. L. 100-185, Sec. 4(a), Dec. 11, 1987, 101 Stat. 1279, and amended Pub. L. 100-690, title VII, Sec. 7089(a), Nov. 18, 1988, 102 Stat. 4409.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-690 inserted ', for which the maximum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization' after 'infraction'. ------DocID 23902 Document 24 of 968------ -CITE- 18 USC CHAPTER 19 -EXPCITE- TITLE 18 PART I CHAPTER 19 -HEAD- CHAPTER 19 - CONSPIRACY -MISC1- Sec. 371. Conspiracy to commit offense or to defraud United States. 372. Conspiracy to impede or injure officer. 373. Solicitation to commit a crime of violence. AMENDMENTS 1984 - Pub. L. 98-473, title II, Sec. 1003(b), Oct. 12, 1984, 98 Stat. 2138, added item 373. ------DocID 25101 Document 25 of 968------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE (Rule 19 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS V -HEAD- (Rule 19. Transfer Within the District) (Rescinded Feb. 28, 1966, eff. July 1, 1966) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Rule 19 is rescinded in view of the amendments being proposed to rule 18. ------DocID 7722 Document 26 of 968------ -CITE- 2 USC CHAPTER 19 -EXPCITE- TITLE 2 CHAPTER 19 -HEAD- CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM -MISC1- Sec. 801. Establishment, etc., of Congressional Award Board. 802. Program. (a) Establishment, functions, and purposes; nature of awards. (b) Implementation requirements for Board. (c) Presentation of awards. (d) Scholarships for recipients of Congressional Award Gold, Silver, and Bronze Medals. (e) Annual reporting requirements. 803. Board organization. (a) Membership; composition; appointment criteria; derivation of appointment. (b) Terms of appointed members; reappointment. (c) Vacancies in membership. (d) Notice; quorum. (e) Compensation for travel expenses of members. (f) Meetings. (g) Chairman and Vice Chairman. (h) Appointment, functions, etc., of committees; membership. (i) Bylaws and regulations; contents; transmittal to Congress. (j) Removal from Board. 804. Director of program; status; appointment and term; removal; functions. 805. Regional award directors of program; appointment criteria. 806. Powers, functions, and limitations. (a) General operating and expenditure authority. (b) Mandatory functions. (c) Statewide Congressional Award Councils; establishment, purposes, duties, etc. (d) Contracting authority. (e) Obtaining and acceptance of non-Federal funds and resources; indirect resources. (f) Acceptance and utilization of services of voluntary, uncompensated personnel. (g) Lease, etc., of real or personal property. (h) Fiscal authority. (i) Establishment, functions, etc., of private nonprofit corporation; articles of incorporation of corporation; compensation, etc., for director, officer, or employee of corporation. 807. Audits and evaluation. (a) Annual audits by Comptroller General; access to books, documents, papers, and records. (b) Annual report to Congress on audit results. 808. Termination. ------DocID 25154 Document 27 of 968------ -CITE- 19 USC CHAPTER 1 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- CHAPTER 1 - COLLECTION DISTRICTS, PORTS, AND OFFICERS -MISC1- Sec. 1. Organization of customs service. 2. Rearrangement and limitation of districts; changing locations. 3. Superintendence of collection of import duties. 4 to 5a. Omitted or Repealed. 6. Designation of customs officers for foreign service; status; rejection of designated customs officer; applicability of civil service laws. 6a to 6d. Repealed. 6e. Overtime compensation based on standard or daylight saving time. 7 to 51. Repealed. 52. Payment of compensation and expenses. 53 to 58. Repealed. 58a. Fees for services of customs officers. 58b. User fee for customs services at certain small airports and other facilities. (a) Authorized airports, seaports, or other facilities. (b) Liability for and amount of fee. (c) Justification for service. (d) Failure to pay fee. (e) Small airport, seaport, or other facility account; expenditures for services. (f) Customs services for foreign trade zones or subzones. 58c. Fees for certain customs services. (a) Schedule of fees. (b) Limitations on fees. (c) Definitions. (d) Collection. (e) Provision of customs services. (f) Disposition of fees. (g) Regulations and enforcement. (h) Omitted. (i) Effect on other authority. (j) Effective dates. 59. Repealed. 60. Penalty for extortion. 61 to 63. Repealed. 64. Laws imposing fines applicable to persons acting under customs laws. 66. Rules and forms prescribed by Secretary. 67. Repealed. 68. Enforcement of customs and immigration laws in Guam and the Virgin Islands and along Canadian and Mexican borders; cooperation by Secretary of Treasury and Attorney General; erection of buildings. 69. Erection of protective gates and fences across and around roads crossing borders. 70. Obstruction of revenue officers by masters of vessels. ------DocID 25155 Document 28 of 968------ -CITE- 19 USC Sec. 1 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 1. Organization of customs service -STATUTE- Except as hereinafter provided the reorganization of the customs service made by the President and communicated to Congress under date of March 3, 1913, shall, until otherwise provided by Congress, constitute the permanent organization of the customs service. -SOURCE- (Aug. 24, 1912, ch. 355, 37 Stat. 434.) -COD- CODIFICATION Section was superseded in part by section 2071 et seq. of this title. -MISC3- PRIOR PROVISIONS This was a provision of the sundry civil appropriation act for the fiscal year 1913. Prior to its incorporation into the Code, it reads as follows: 'The President is authorized to reorganize the customs service and cause estimates to be submitted therefor on account of the fiscal year nineteen hundred and fourteen bringing the total cost of said service for said fiscal year within a sum not exceeding $10,150,000 instead of $10,500,000, the amount authorized to be expended therefor on account of the current fiscal year nineteen hundred and twelve; in making such reorganization and reduction in expenses he is authorized to abolish or consolidate collection districts, ports, and subports of entry and delivery, to discontinue needless offices and employments, to reduce excessive rates of compensation below amounts fixed by law or Executive order, and to do all such other and further things that in his judgment may be necessary to make such organization effective and within the limit of cost herein fixed; such reorganization shall be communicated to Congress at its next regular session and shall constitute for the fiscal year nineteen hundred and fourteen and until otherwise provided by Congress the permanent organization of the customs service.' Such of the foregoing provisions as were not carried into the Code were omitted as temporary and executed. The plan of reorganization, with an estimate of the expenses of the same, was communicated by the President to Congress by Message dated March 3, 1913, as follows: 'Message from the President of the United States, Transmitting Plan of Reorganization of the Customs Service and Detailed Estimate of Expenses of the Same. 'To the Senate and House of Representatives: 'Whereas, by virtue of the provision of chapter 355 of the acts of 1912, approved August 24, 1912, being 'An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes,' I was authorized to reorganize the customs service and cause estimates to be submitted therefor on account of the fiscal year 1914, reducing the total cost of said service for said fiscal year by an amount not less than $350,000, and I was further authorized in making such reorganization and reduction in expenses to abolish or consolidate collection districts, ports and subports of entry and delivery, to discontinue needless offices and employments, to reduce excessive rates of compensation below amounts fixed by law or Executive order, and to do all such other and further things that in my judgment may be necessary to make such reorganization effective and within the said limit of cost; and 'Whereas, it was further provided that such reorganization should be communicated to Congress at its next regular session and should constitute for the fiscal year 1914, and until otherwise provided by Congress, the permanent organization of the customs service: Now, therefore, 'It is hereby ordered and communicated that the following plan shall be the organization of the customs service for the said fiscal year 1914, and unless otherwise provided by Congress the permanent organization of the customs service: 'I. CUSTOMS DISTRICTS 'In lieu of all customs-collection districts, ports, and subports of entry and ports of delivery now or heretofore existing there shall be 49 customs-collection districts with district headquarters and port of entry as follows:' (The customs-collection districts, ports, and subports of entry and ports of delivery enumerated in the President's message to Congress have been changed since the date of the message and the districts and their boundaries and ports of entry are subject to further changes under section 2 of this title.) 'II. The use of the terms 'port of delivery' and 'subport of entry' is hereby discontinued, and all ports of entry, subports of entry, and ports of delivery not above specifically mentioned as ports of entry, are hereby abolished. 'III. The privileges of the first and seventh sections of the act of June 10, 1880, commonly known as the 'immediate transportation act' shall remain as heretofore existing with respect to the ports of entry above mentioned. 'IV. There shall be one collector of customs for each of the customs collection districts above established, who shall receive the compensation hereafter set forth, which shall constitute all the compensation and emoluments to be received by him and which shall be in lieu of all fees, commissions, salaries, or other emoluments of any name or nature (including the right to charge for blank manifests and clearances under the provisions of section 2648 of the Revised Statutes) heretofore received by or allowed to him. 'All moneys collected or received by such collectors of customs in their official capacities, whether as fees, storage, commissions, or from the sale of blank forms or otherwise, shall be covered into the Treasury. 'V. Such collectors shall maintain their principal offices at the headquarters of their respective districts, with the exception of the collectors for the districts of Virginia, Minnesota, and Duluth and Superior, who shall maintain a principal office at both Newport News and Norfolk, and at both St. Paul and Minneapolis, and at both Duluth and Superior, respectively. 'VI. The collector of customs or the surveyor of customs (if there be no collector) for any district heretofore existing in which the port above mentioned as the headquarters of a district hereby created is located shall continue to hold office as the collector of customs for such new district under his existing commission, or if the port so designated as the headquarters of any district hereby created by an independent port of delivery the collector or surveyor (if there be no collector) shall continue to hold office as the collector of customs for such new district under his existing commission, and the terms of office of all other collectors of customs, and the terms of office of all other surveyors of customs, except the surveyors of customs at the ports of Portland, Me., Boston, Mass., New York, N.Y., Philadelphia, Pa., Baltimore, Md., New Orleans, La., and San Francisco, Cal., shall cease and determine upon this reorganization going into effect. 'VII. The Secretary of the Treasury may appoint a deputy collector to have charge of each port of entry, who shall perform such duties and receive such compensation as the Secretary of the Treasury shall determine. 'VIII. The Secretary of the Treasury is hereby authorized to prescribe uniform blank forms to be used in connection with the entry and clearance of merchandise, and to cause such forms to be printed and to be kept on sale at the various ports of entry as he may direct, the net proceeds of such sales to be covered into the Treasury. 'IX. Merchandise shall not be entered or delivered from customs custody elsewhere than at one of the ports of entry hereinbefore designated, except at the expense of the parties in interest, upon express authority from the Secretary of the Treasury and under conditions to be prescribed by him. When it shall be made to appear to the Secretary of the Treasury that the interests of commerce or the protection of the revenue so require, he may cause to be stationed at places in the various collection districts, though not named as ports of entry, officers or employees of the customs with authority to enter and clear vessels, to accept entries of merchandise, to collect duties, and to enforce the various provisions of the customs and navigation laws. 'X. All persons now in the classified civil service whose employment may be discontinued by reason of this reorganization shall be retained upon the list of eligibles for appointment to fill any vacancies hereafter occurring in the customs service. 'XI. The notice of dissatisfaction and protest provided for by subsections 13 and 14 of section 28 of the act approved August 5, 1909, shall be deemed to be finally abandoned and waived unless within 30 days from the date of filing thereof the person who filed such notice or protest shall deposit with the collector of customs a fee of $1 with respect to each appraisement, entry, or payment objected to. Such fee shall be deposited and accounted for as 'Miscellaneous receipts,' and in case the notice of dissatisfaction or protest in connection with which such fee was deposited shall be finally sustained in whole or in part, such fee shall be refunded to the importer, with the duties found to be collected in excess, from the appropriation for the refund to importers of excess of deposits. 'Attached hereto is a detailed estimate of the expenses of the customs service under the reorganization above provided. (Omitted as not permanent, and in any event superseded by section 6 of this title.) 'Done at Washington, D.C., this 3d day of March, 1913. 'Wm. H. Taft.' REORGANIZATION PLAN NO. 1 OF 1965 EFF. MAY 25, 1965, 30 F.R. 7035, 79 STAT. 1317 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 25, 1965, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). BUREAU OF CUSTOMS SECTION 1. ABOLITION OF OFFICES All offices in the Bureau of Customs of the Department of the Treasury of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise to which appointments are required to be made by the President, by and with the advice and consent of the Senate, are abolished. The foregoing provisions shall become effective with respect to each office abolished thereby at such time, not later than December 31, 1966, as the Secretary of the Treasury shall specify, but nothing herein shall empower the Secretary to increase the term of any office beyond that provided by law for such office or affect his authority under the first paragraph under the heading 'TREASURY DEPARTMENT' appearing in the Act of March 2, 1895 (ch. 187, 28 Stat. 844; 5 U.S.C. 252) (31 U.S.C. 309), to retain in office, prior to December 31, 1966, those persons whose offices are to be terminated under this reorganization plan. SEC. 2. TRANSFER OF FUNCTIONS There are transferred to the Secretary of the Treasury the functions, if any, that have been vested by statute in officers, agencies, or employees of the Bureau of Customs of the Department of the Treasury since the effective date of Reorganization Plan No. 26 of 1950 (64 Stat. 1280). SEC. 3. PRESERVATION OF REMEDIES The abolition of offices herein shall not prejudice any right to protest or to appeal to the United States Customs Court any action taken in the administration of the customs laws. SEC. 4. INCIDENTAL PROVISIONS Consonant with section 4 of the Reorganization Act of 1949, as amended (see 5 U.S.C. 904) and this reorganization plan, the Secretary of the Treasury shall make such provisions as he shall deem necessary respecting (1) the transfer or other disposition of the records, property, personnel, and unexpended balances of appropriations, allocations, and other funds, available or to be made available, which are affected by a reorganization contained in this reorganization plan; and (2) the winding up of the affairs of any officer whose office is abolished by the provisions of this reorganization plan. MESSAGE OF THE PRESIDENT To the Congress of the United States: All that we do to serve the people of this land must be done, as has been my insistent pledge, with the least cost and the most effectiveness. In my state of the Union message, I announced it was this administration's intention to 'reshape and reorganize' the executive branch. This goal had one objective: 'to meet more effectively the tasks of today.' I report today now one step taken forward toward that goal as part of our progress 'on new economies we were planning to make.' I submit today a plan for reorganization in the Bureau of Customs of the Department of the Treasury. At present the Bureau maintains 113 independent field offices, each reporting directly to Customs headquarters in Washington, D.C. Under a modernization program of which this reorganization plan is an integral part, the Secretary of the Treasury proposes to establish six regional offices to supervise all Customs field activities. The tightened management controls achieved from these improvements will make possible a net annual saving of $9 million within a few years. An essential feature will be the abolition of the offices of all Presidential appointees in the Customs Service. The program cannot be effectively carried out without this step. The following offices, therefore, would be eliminated: Collectors of customs, comptrollers of customs, surveyors of customs, and appraisers of merchandise, to which appointments are now required to be made by the President by and with the advice and consent of the Senate. Incumbents of abolished offices will be given consideration for suitable employment under the civil service laws in any positions in customs for which they may be qualified. When this reorganization is completed, all officials and employees of the Bureau of Customs will be appointed under the civil service laws. All of the functions of the offices which will be abolished are presently vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950 which gives the Secretary power to redelegate these functions. He will exercise this power as the existing offices are abolished. The estimate of savings that will be achieved by the program of customs modernization and improvement, of which this reorganization plan is a part, is based on present enforcement levels, business volume, and salary scales. Of the amounts saved, approximately $1 million a year will be from salaries no longer paid because of the abolition of offices. The proposed new organizational framework looks to the establishment of new offices at both headquarters and field levels and abolition of present offices. This results in a net reduction of more than 50 separate principal field offices by concentration of supervisory responsibilities in fewer officials in charge of regional and district activities. In addition to the six offices of regional commissioner, about 25 offices of district director will be established. The regional commissioners and district directors will assume the overall principal supervisory responsibilities and functions of collectors of customs, appraisers of merchandise, comptrollers of customs, laboratories, and supervising customs agents. At the headquarters level, four new offices will be established to replace seven divisions. A new position of special assistant to the Commissioner will be created and charged with responsibility for insuring that all Customs employees conduct themselves in strict compliance with all applicable laws and regulations. Up to now this function has been one of a number lodged with an existing division. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 1 of 1965 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. It should be emphasized that abolition by Reorganization Plan No. 1 of 1965 of the offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise will in no way prejudice any right of any person affected by the laws administered by the Bureau of Customs. The rights of importers and others, for example, before the Customs Court, arising out of the administration of such functions will remain unaffected. In addition it should be emphasized that all essential services to the importing, exporting, and traveling public will continue to be performed. This reorganization plan will permit a needed modernization of the organization and procedure of the Bureau of Customs. It will permit a more effective administration of the customs laws. I urge the Congress to permit Reorganization Plan No. 1 of 1965 to become effective. Lyndon B. Johnson. The White House, March 25, 1965. ------DocID 25156 Document 29 of 968------ -CITE- 19 USC Sec. 2 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 2. Rearrangement and limitation of districts; changing locations -STATUTE- The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by consolidation or otherwise, the several customs-collection districts and to discontinue ports of entry by abolishing the same or establishing others in their stead. The President is authorized from time to time to change the location of the headquarters in any customs-collection district as the needs of the service may require. -SOURCE- (Aug. 1, 1914, ch. 223, 38 Stat. 623; May 29, 1928, ch. 901, Sec. 1(19), 45 Stat. 987; June 2, 1970, Pub. L. 91-271, title III, Sec. 302, 84 Stat. 291.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-271 struck out provisions limiting the number of customs-collection districts and ports of entry to those established and authorized as of Aug. 1, 1914, except as thereafter provided by law, and provisions requiring the collector of customs of each customs-collection district to be officially designated by the number of the district for which appointed. 1928 - Act May 29, 1928, provided for discontinuance of the statement or report as required by a proviso at end of section which read as follows: 'That the President shall, at the beginning of each regular session, submit to Congress a statement of all acts, if any, done under the provisions of this section and the reasons therefor.' EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-271 effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note under section 1500 of this title. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1 of this title. Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. DELEGATION OF FUNCTIONS For delegation to Secretary of the Treasury of authority vested in President by this section, see Ex. Ord. No. 10289, Sec. 1(a), Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President. -MISC5- CUSTOMS DISTRICTS AND PORTS OF ENTRY An alphabetical index of ports of entry is contained in Schedule D of the Harmonized Tariff Schedule. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. For list of international airports of entry, see section 6.13 of Part 6 of Chapter 1, United States Customs Service, of Title 19, Customs Duties, of the Code of Federal Regulations. COLUMBIA-SNAKE CUSTOMS DISTRICT Pub. L. 98-573, title II, Sec. 238, Oct. 30, 1984, 98 Stat. 2993, required Commissioner of United States Customs Service to establish a customs district known as Columbia-Snake Customs District. PEMBINA, NORTH DAKOTA, CUSTOMS DISTRICT; CHANGE IN BOUNDARIES PROHIBITED WITHOUT CONGRESSIONAL CONSENT Pub. L. 93-245, ch. X, Sec. 1000, Jan. 3, 1974, 87 Stat. 1083, prohibited use of funds to change boundaries of Pembina, North Dakota Customs District (Region IX), without consent of certain Congressional committees. DISPLAY OF FLAG AT PORTS OF ENTRY For provisions concerning display of flag of United States Customs Ports of Entry, see Proc. No. 4131, May 5, 1972, 37 F.R. 9311, set out as a note under section 174 of Title 36, Patriotic Societies and Observances. ------DocID 25157 Document 30 of 968------ -CITE- 19 USC Sec. 3 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 3. Superintendence of collection of import duties -STATUTE- The Secretary of the Treasury shall direct the superintendence of the collection of the duties on imports as he shall judge best. -SOURCE- (R.S. Sec. 249.) -COD- CODIFICATION R.S. Sec. 249 derived from act May 8, 1792, ch. 37, Sec. 6, 1 Stat. 280. Section, prior to its incorporation into the Code, contained the words 'and tonnage' after 'duties on imports.' These words were omitted as superseded by section 3 of Title 46, Appendix, Shipping, which charged the Chief of the Bureau of Navigation and Steamboat Inspection (now Commissioner of Customs) with the execution of the laws relating to the collection of the tonnage tax. -MISC3- ANALYSIS REGARDING CES PROGRAM; EFFECT ON IMPLEMENTATION OF PROGRAM Pub. L. 100-203, title IX, Sec. 9501(c), Dec. 22, 1987, 101 Stat. 1330-380, provided that: '(1) The Comptroller General of the United States shall conduct a comprehensive analysis, including a cost-benefit study, of the centralized cargo examination station (CES) concept from the perspective of both the United States Customs Service and business community users. The analysis shall be submitted on the same day to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (hereinafter in this subsection referred to as the 'Committees') not later than March 30, 1988, and shall include recommendations as to how best to implement cargo inspection procedures. '(2) The United States Customs Service - '(A) may not, after the date of the enactment of this Act (Dec. 22, 1987), establish any new centralized cargo examination station at any ocean port, airport, or land border location unless the Customs Service provides to the Committees advance notice, in writing, of not less than 90 days regarding the proposed establishment; and '(B) shall, on such date of enactment, suspend operations at each centralized cargo examination station that was operating at an airport on the day before such date until the 90th day after a date - '(i) that is not earlier than the date on which the analysis required under paragraph (1) is submitted to the Committees, and '(ii) on which the Customs Service provides to the Committees notice, in writing, that it intends to resume such operations at the station. During the period of suspension of operations under subparagraph (B) at any centralized cargo examination station at an airport, the Secretary of the Treasury shall maintain customs operations and staffing at that airport at a level not less than that which was in effect immediately before the suspension took effect.' -CROSS- CROSS REFERENCES Instructions of Secretary of Treasury and conclusiveness of decisions on customs officers, see section 1502 of this title. Reversal or modification of rulings or decisions by Secretary, restrictions on, see section 1502 of this title. ------DocID 25158 Document 31 of 968------ -CITE- 19 USC Sec. 4 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 4. Omitted -COD- CODIFICATION Section, act Mar. 4, 1923, ch. 251, Sec. 1, 42 Stat. 1453, related to appointment, compensation, and qualifications of director and assistant directors of customs. See sections 2071 to 2073 of this title. ------DocID 25159 Document 32 of 968------ -CITE- 19 USC Sec. 5, 5a -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 5, 5a. Repealed. Pub. L. 91-271, title III, Sec. 321(a), (b), June 2, 1970, 84 Stat. 293 -MISC1- Section 5, R.S. Sec. 2613, act Sept. 21, 1922, ch. 356, title IV, Sec. 523, 42 Stat. 974, provided that collectors, comptrollers, and surveyors be appointed for four year terms. Section 5a, act July 5, 1932, ch. 430, title I, 47 Stat. 584, abolished, except at the Port of New York, the offices of surveyor and appraiser, and those of their assistants and deputies, and transferred the duties of such officers to such persons as designated by the Secretary of the Treasury. EFFECTIVE DATE OF REPEAL Repeal effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as an Effective Date of 1970 Amendment note under section 1500 of this title. ------DocID 25160 Document 33 of 968------ -CITE- 19 USC Sec. 6 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 6. Designation of customs officers for foreign service; status; rejection of designated customs officer; applicability of civil service laws -STATUTE- Any officer of the customs service designated by the Secretary of the Treasury for foreign service, shall, through the Department of State, be regularly and officially attached to the diplomatic missions of the United States in the countries in which they are to be stationed, and when such officers are assigned to countries in which there are no diplomatic missions of the United States, appropriate recognition and standing with full facilities for discharging their official duties shall be arranged by the Department of State. The Secretary of State may reject the name of any such officer whose assignment to the foreign post for which he has been designated would, in his judgment, be prejudicial to the public policy of the United States. The appointment of such customs officers shall be made pursuant to the civil service laws and regulations upon the nomination of the principal officer in charge of the office to which such appointments are to be made. -SOURCE- (Mar. 4, 1923, ch. 251, Sec. 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748; May 28, 1926, ch. 411, Sec. 1, 44 Stat. 669; June 17, 1930, ch. 497, title IV, Sec. 518, 649, 46 Stat. 737, 762; June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992; June 2, 1970, Pub. L. 91-271, title III, Sec. 303, 84 Stat. 292.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in text, are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -MISC2- AMENDMENTS 1970 - Pub. L. 91-271 struck out provisions authorizing Secretary of the Treasury to appoint, prescribe designations and duties, and fix compensation of deputies and other customs officers, laborers, and other employees. 1948 - Act June 25, 1948, struck out fourth sentence relating to appointment and compensation of clerks of Customs Court. 1930 - Act June 17, 1930, Sec. 518, authorized Secretary of the Treasury to appoint and fix compensation of clerks of Customs Court. 1926 - Act May 28, 1926, substituted 'United States Customs Court' for 'Board of General Appraisers'. Act June 17, 1930, Sec. 649, substituted 'Treasury attaches' for 'Customs attaches'. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-271 effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note under section 1500 of this title. EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1 of this title. Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26. Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Extra pay for overtime services in connection with vessels, see section 2111 of Title 46, Shipping. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 52 of this title. ------DocID 25161 Document 34 of 968------ -CITE- 19 USC Sec. 6a to 6d -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 6a to 6d. Repealed. Sept. 3, 1954, ch. 1263, Sec. 13(b), 68 Stat. 1231 -MISC1- Sections, act May 29, 1928, ch. 865, Sec. 1-4, 45 Stat. 955, related to compensation. See sections 5101 et seq. and 5301 et seq. of Title 5, Government Organization and Employees. Act Dec. 12, 1930, ch. 10, 46 Stat. 1026, formerly set out as a credit to these sections, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 648. ------DocID 25162 Document 35 of 968------ -CITE- 19 USC Sec. 6e -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 6e. Overtime compensation based on standard or daylight saving time -STATUTE- On and after June 30, 1949, overtime compensation of customs officers and employees, as authorized by law, shall be based either on standard or daylight saving time, whichever is observed where overtime services are performed. -SOURCE- (June 30, 1949, ch. 286, title I, 63 Stat. 360.) ------DocID 25163 Document 36 of 968------ -CITE- 19 USC Sec. 7 to 11 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 7 to 11. Repealed. Pub. L. 91-271, title III, Sec. 321(c)-(g), June 2, 1970, 84 Stat. 293 -MISC1- Section 7, act Mar. 4, 1923, ch. 251, Sec. 3, 42 Stat. 1453, authorized collectors, comptrollers, surveyors, and appraisers to appoint assistants, and collector at New York to appoint a solicitor to collector, all such appointments subject to approval of Secretary of the Treasury. Section 8, R.S. Sec. 2629; acts Mar. 3, 1905, ch. 1413, Sec. 1, 33 Stat. 983; Mar. 4, 1923, ch. 251, Sec. 4, 42 Stat. 1453, set forth procedure for filling a vacancy in office of a collector, comptroller, surveyor, or appraiser. Section 9, R.S. Sec. 2625, act Mar. 4, 1923, ch. 251, Sec. 3, 42 Stat. 1453, provided for performance of collector's duties in case of his disability. Section 10, R.S. Sec. 2630; acts Mar. 4, 1923, ch. 251, Sec. 2, 3, 42 Stat. 1453, Jan. 13, 1925, ch. 76, 43 Stat. 748, provided that in cases of occasional and necessary absence, or of sickness, any collector could exercise his powers and perform his duties by deputy. Section 11, R.S. Sec. 2632; act June 17, 1930, ch. 497, title IV, Sec. 523, 46 Stat. 740, provided that in cases of occasional and necessary absence, or of sickness, every comptroller and surveyor could, respectively, exercise and perform his functions, powers, and duties by deputy. EFFECTIVE DATE OF REPEAL Repeal effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as an Effective Date of 1970 Amendment note under section 1500 of this title. ------DocID 25164 Document 37 of 968------ -CITE- 19 USC Sec. 12 to 18 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 12 to 18. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(1)-(7), 70 Stat. 947 -MISC1- Sections 12 to 15 provided for appointment by Secretary of the Treasury of 30 special agents for purposes of checking the accounts of collectors and other customs officers for prevention of frauds, authorized regulations for the limitations on their number and compensation and authorized appointment of special agents to reside in foreign territory. Customs agents who perform functions formerly exercised by special agents are covered generally by section 2072 of this title. Section 12 was based on R.S. Sec. 2649. Section 13 was based on acts Mar. 4, 1911, ch. 285, 36 Stat. 1393; Mar. 4, 1923, ch. 251, Sec. 1, 2, 5, 7, 42 Stat. 1453, 1454; Mar. 3, 1927, ch. 348, Sec. 3, 44 Stat. 1382. Section 14 was based on R.S. Sec. 2651. Section 15 was based on R.S. Sec. 2999. Section 16, R.S. 2940, acts Mar. 4, 1923, ch. 251, Sec. 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748; prescribed qualifications and special oath for customs appraiser at New York. Section 17, R.S. Sec. 2941, prohibited only employees in office of appraiser at New York from engaging or being employed in any commercial activity. Section 18, R.S. Sec. 2942, related to duties of appraiser and assistant appraiser at New York. ------DocID 7783 Document 38 of 968------ -CITE- 3 USC Sec. 19 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 19. Vacancy in offices of both President and Vice President; officers eligible to act -STATUTE- (a)(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President. (2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection. (b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President. (c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that - (1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and (2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals. (d)(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs. (2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service. (3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President. (e) Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (d) of this section shall apply only to officers appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, inability, or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them. (f) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 677; Sept. 9, 1965, Pub. L. 89-174, Sec. 6(a), 79 Stat. 669; Oct. 15, 1966, Pub. L. 89-670, Sec. 10(a), 80 Stat. 948; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(b), 84 Stat. 775; Aug. 4, 1977, Pub. L. 95-91, title VII, Sec. 709(g), 91 Stat. 609; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 508(a), 93 Stat. 692; Oct. 25, 1988, Pub. L. 100-527, Sec. 13(a), 102 Stat. 2643.) -MISC1- AMENDMENTS 1988 - Subsec. (d)(1). Pub. L. 100-527 inserted reference to Secretary of Veterans Affairs. 1979 - Subsec. (d)(1). Pub. L. 96-88 substituted 'Secretary of Health and Human Services' for 'Secretary of Health, Education, and Welfare' and inserted reference to Secretary of Education. 1977 - Subsec. (d)(1). Pub. L. 95-91 inserted reference to Secretary of Energy. 1970 - Subsec. (d)(1). Pub. L. 91-375 struck out 'Postmaster General,' after 'Attorney General,'. 1966 - Subsec. (d)(1). Pub. L. 89-670 inserted reference to Secretary of Transportation. 1965 - Subsec. (d)(1). Pub. L. 89-174 inserted reference to Secretary of Health, Education, and Welfare and Secretary of Housing and Urban Development. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96-88, set out as an Effective Date note under section 3401 of Title 20, Education. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 16(a), formerly section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by President and published in Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670, and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, set out as notes under section 1651 of Title 49, Appendix, Transportation. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-174 effective upon expiration of first period of sixty calendar days following Sept. 9, 1965 or on earlier date specified by Executive order, see section 11(a) of Pub. L. 89-174 set out as an Effective Date note under section 3531 of Title 42, The Public Health and Welfare. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 871. ------DocID 25166 Document 39 of 968------ -CITE- 19 USC Sec. 21 to 24 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 21 to 24. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(8)-(11), (13), 70 Stat. 947 -MISC1- Sections 21 to 23 prescribed oath of office for customs officers and assistant appraisers. Section 24 related to designation of persons to administer oath of office. Section 21 was based on R.S. Sec. 2616. Section 22 was based on R.S. Sec. 2614; act July 5, 1932, ch. 430, title 1, 47 Stat. 584. Section 23 was based on R.S. Sec. 2615; July 5, 1932, ch. 430, title 1, 47 Stat. 584. Section 24 was based on R.S. Sec. 2617; act Feb. 8, 1875, ch. 36, Sec. 11, 18 Stat. 309. ------DocID 25167 Document 40 of 968------ -CITE- 19 USC Sec. 26 to 28 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 26 to 28. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(12)-(14), 70 Stat. 947 -MISC1- Section 26, R.S. Sec. 2611; act Feb. 8, 1875, ch. 36, Sec. 11, 18 Stat. 309; related to oath by special examiners of drugs. Functions formerly exercised by the special examiner of drugs are covered by section 381 of Title 21, Food and Drugs. Section 27, acts Feb. 8, 1875, ch. 36, Sec. 11, 18 Stat. 309; Mar. 2, 1895, ch. 177, Sec. 5, 28 Stat. 807; related to oaths by subordinate customs officers. Section 28, act Sept. 24, 1914, ch. 309, 38 Stat. 716, provided that headquarters of customs district of Florida should be at Tampa. Section 2 of this title vests authority in the President to change from time to time the location of headquarters of customs collection district and such authority was delegated to the Secretary of the Treasury by section 1 (a) of Executive Order 10289 of September 17, 1951, set out as a note under section 301 of Title 3, The President. ------DocID 25168 Document 41 of 968------ -CITE- 19 USC Sec. 29 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 29. Repealed. Aug. 26, 1935, ch. 689, Sec. 2, 49 Stat. 864 -MISC1- Section, act Mar. 15, 1898, ch. 68, Sec. 1, 30 Stat. 286, as supplemented by acts Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Mar. 4, 1923, ch. 251, Sec. 3, 42 Stat. 1453, related to administration of oaths by collectors and assistants. Act Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat. 561, also repealed act Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800, formerly credited to this section. ------DocID 25169 Document 42 of 968------ -CITE- 19 USC Sec. 30 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 30. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(34), 70 Stat. 948 -MISC1- Section, act Sept. 30, 1890, ch. 1126, 26 Stat. 511, related to administration of oaths by clerks and inspectors of customs. ------DocID 25170 Document 43 of 968------ -CITE- 19 USC Sec. 30a -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 30a. Repealed. June 17, 1930, ch. 497, Sec. 651(a)(3), 46 Stat. 762, eff. June 18, 1930 -MISC1- Section, Res. Apr. 2, 1928, ch. 309, 45 Stat. 401, related to administration of oaths by officers and employees of customs service. ------DocID 25171 Document 44 of 968------ -CITE- 19 USC Sec. 31, 32 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 31, 32. Repealed. Pub. L. 92-310, title II, Sec. 226, June 6, 1972, 86 Stat. 206 -MISC1- Section 31, R.S. Sec. 2619, 2620; act Feb. 27, 1877, ch. 69, 19 Stat. 245; Pub. L. 91-271, title III, Sec. 304, June 2, 1970, 84 Stat. 292, related to bonds of customs officers. Section 32, R.S. Sec. 2620; Pub. L. 91-271, title III, Sec. 305, June 2, 1970, 84 Stat. 292, related to amounts, conditions for filing, and procedures for approval of bonds required of customs officers. ------DocID 25172 Document 45 of 968------ -CITE- 19 USC Sec. 33 to 35 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 33 to 35. Repealed. Aug. 8, 1953, ch. 397, Sec. 2(a), 67 Stat. 507 -MISC1- Sections, R.S. Sec. 2621 to 2623, prescribed various duties of the collectors of customs at each of the ports (1) where collectors, comptrollers and surveyors were appointed: (2) where only collectors and surveyors were appointed; and (3) where only collectors were appointed. The provisions of such sections, in so far as they related to accounting duties, are covered generally in chapters 33 and 35 of Title 31, Money and Finance. EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Repeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953. ------DocID 25173 Document 46 of 968------ -CITE- 19 USC Sec. 36, 37 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 36, 37. Repealed. Pub. L. 91-271, title III, Sec. 321(h), (i), June 2, 1970, 84 Stat. 293 -MISC1- Section 36, acts Feb. 6, 1907, ch. 471, 34 Stat. 880; Mar. 4, 1923, ch. 251, Sec. 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748, enumerated duties of deputy collectors. Section 37, R.S. Sec. 2633, authorized Secretary of the Treasury to clothe any deputy director at a port other than district headquarters with all powers of his principal appertaining to official acts. EFFECTIVE DATE OF REPEAL Repeal effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as an Effective Date of 1970 Amendment note under section 1500 of this title. ------DocID 25174 Document 47 of 968------ -CITE- 19 USC Sec. 38 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 38. Repealed. June 17, 1930, ch. 497, title IV, Sec. 651(a)(1), 46 Stat. 762, eff. June 18, 1930 -MISC1- Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 523, 42 Stat. 974, related to powers and duties of comptrollers of customs. See section 1523 of this title. ------DocID 25175 Document 48 of 968------ -CITE- 19 USC Sec. 39 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 39. Repealed. Aug. 8, 1953, ch. 397, Sec. 2(a), 67 Stat. 507 -MISC1- Section, R.S. Sec. 2626, prescribed certain duties of comptrollers of customs at each of ports where collectors, comptrollers and surveyors were appointed. The provisions of such section, in so far as it related to accounting duties, is covered generally in chapters 33 and 35 of Title 31, Money and Finance. EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Repeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953. ------DocID 25176 Document 49 of 968------ -CITE- 19 USC Sec. 40 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 40. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(15), 70 Stat. 947 -MISC1- Section, R.S. Sec. 2627, act June 17, 1930, ch. 497, title IV, Sec. 523, 46 Stat. 740, related to duties of surveyor of customs. Section 5a of this title abolished the offices of surveyor of customs at all ports except New York. ------DocID 25177 Document 50 of 968------ -CITE- 19 USC Sec. 41 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 41. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat. 1349 -MISC1- Section, R.S. Sec. 2628, prescribed duties of surveyors where only surveyors were appointed. ------DocID 25178 Document 51 of 968------ -CITE- 19 USC Sec. 42 to 45 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 42 to 45. Repealed. Aug. 8, 1953, ch. 397, Sec. 2(a), 67 Stat. 507 -MISC1- Sections, R.S. Sec. 2639 to 2641, 2643, related to various accounting duties of collectors, comptrollers, and surveyors of customs. Those provisions are covered generally in chapters 33 and 35 of Title 31, Money and Finance. Section 42 was amended by act July 31, 1894, ch. 174, Sec. 19, 28 Stat. 210. EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Repeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953. ------DocID 25179 Document 52 of 968------ -CITE- 19 USC Sec. 46, 47 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 46, 47. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat. 1349 -MISC1- Sections, R.S. Sec. 2644 and 2645, respectively, related to rendition of monthly and quarterly estimates and accounts of certain collectors. ------DocID 25180 Document 53 of 968------ -CITE- 19 USC Sec. 48 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 48. Repealed. Aug. 2, 1946, ch. 744, Sec. 2, 60 Stat. 807, eff. Nov. 1, 1946 -MISC1- Section, acts Mar. 4, 1923, ch. 251, Sec. 5, 42 Stat. 1454; June 17, 1930, ch. 497, title IV, Sec. 645(b), 46 Stat. 761, related to travel, subsistence, and transportation expenses of customs officers and employees. These provisions are covered generally in chapter 57 of Title 5, Government Organization and Employees. ------DocID 25181 Document 54 of 968------ -CITE- 19 USC Sec. 49 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 49. Repealed. Aug. 26, 1935, ch. 689, Sec. 1, 49 Stat. 864 -MISC1- Section, R.S. Sec. 1790, related to restriction on payment for services of officers or other persons in customs service. ------DocID 25182 Document 55 of 968------ -CITE- 19 USC Sec. 50, 51 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 50, 51. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 642, 645, 650 -MISC1- Section 50, acts Aug. 24, 1912, ch. 355, Sec. 8, 37 Stat. 487; June 6, 1939, ch. 185, 53 Stat. 810, authorized collectors of customs to administer oaths to expense accounts. Section 51, act Mar. 4, 1923, ch. 251, Sec. 7, 42 Stat. 1454, provided limitations on compensation. ADDITIONAL REPEAL Section 51 was additionally repealed by Pub. L. 91-271, title III, Sec. 321(j), June 2, 1970, 84 Stat. 293. ------DocID 25183 Document 56 of 968------ -CITE- 19 USC Sec. 52 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 52. Payment of compensation and expenses -STATUTE- The compensation of all customs officers and employees provided for by sections 6, 7, 8, 13, and 51 of this title, and the expenses authorized by section 48 of this title, shall be paid from the appropriation for the collection of the revenue from customs. -SOURCE- (Mar. 4, 1923, ch. 251, Sec. 6, 42 Stat. 1454; Mar. 3, 1927, ch. 348, Sec. 3(c), 44 Stat. 1382.) -REFTEXT- REFERENCES IN TEXT Sections 7 and 8 of this title, referred to in text, were repealed by Pub. L. 91-271, title III, Sec. 321(c), (d), June 2, 1970, 84 Stat. 293. Section 13 of this title, referred to in text, was repealed by act Aug. 2, 1956, ch. 887, Sec. 4(a)(2), 70 Stat. 947. Section 48 of this title, referred to in text, was repealed by act Aug. 2, 1946, ch. 744, Sec. 2, 60 Stat. 807, eff. Nov. 1, 1946. See section 5724 of Title 5, Government Organization and Employees. Section 51 of this title, referred to in text, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 645. See, also, Additional Repeal note set out thereunder. -COD- CODIFICATION Act Mar. 3, 1927, abolished the offices of Director and Assistant Director of Customs. ------DocID 25184 Document 57 of 968------ -CITE- 19 USC Sec. 53 to 57 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 53 to 57. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(16)-(20), 70 Stat. 947 -MISC1- Section 53, R.S. Sec. 2687, provided for apportionment of compensation according to time served. See, generally, sections 5504 and 6101 of Title 5, Government Organization and Employees. Section 54, R.S. Sec. 2646, related to books to be furnished to collectors and other officers. See section 481 of Title 40, Public Buildings, Property, and Works. Section 55, R.S. Sec. 2647; acts Aug. 24, 1912, ch. 355, 37 Stat. 434; June 17, 1930, ch. 497, title IV, Sec. 523, 46 Stat. 740; provided that collectors of customs, and comptrollers and surveyors performing functions of collectors, should render quarterly accounts to Secretary of the Treasury of fines collected, moneys received as rents, etc. Section 56, R.S. Sec. 2944, related to additional hours of service at public stores in New York. Section 57, R.S. Sec. 2648; act Aug. 24, 1912, ch. 355, Sec. 1, 37 Stat. 434; related to sale of blanks by collectors and surveyors. ------DocID 25185 Document 58 of 968------ -CITE- 19 USC Sec. 58 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 58. Repealed. Pub. L. 95-410, title II, Sec. 214(a), Oct. 3, 1978, 92 Stat. 904 -MISC1- Section, R.S. Sec. 2654; acts Aug. 24, 1912, ch. 355, 37 Stat. 434; June 2, 1970, Pub. L. 91-271, title III, Sec. 307, 84 Stat. 292, provided for fees of customs officers for eleven enumerated types of services. See section 58a of this title. ------DocID 25186 Document 59 of 968------ -CITE- 19 USC Sec. 58a -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 58a. Fees for services of customs officers -STATUTE- The Secretary may charge such fees as may be necessary to cover the costs of providing services similar to or the same as services furnished by customs officers under the sections repealed by subsection (a). -SOURCE- (Pub. L. 95-410, title II, Sec. 214(b), Oct. 3, 1978, 92 Stat. 904.) -REFTEXT- REFERENCES IN TEXT The sections repealed by subsection (a), referred to in text, means the sections repealed by Pub. L. 95-410, Sec. 214(a), which provided: 'Sections 2654, 4381, 4382, and 4383 of the Revised Statutes of the United States (19 U.S.C. 58 and 46 U.S.C. 329, 330, and 333) are each repealed.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 58c of this title. ------DocID 25187 Document 60 of 968------ -CITE- 19 USC Sec. 58b -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 58b. User fee for customs services at certain small airports and other facilities -STATUTE- (a) Authorized airports, seaports, or other facilities The Secretary of the Treasury shall make customs services available and charge a fee for the use of such customs services at - (1) the airport located at Lebanon, New Hampshire, (2) the airport located at Pontiac/Oakland, Michigan, and (3) any other airport, seaport, or other facility designated by the Secretary of the Treasury under subsection (c) of this section. (b) Liability for and amount of fee The fee which is charged under subsection (a) of this section shall be paid by each person using the customs services at the airport, seaport, or other facility and shall be in an amount equal to the expenses incurred by the Secretary of the Treasury in providing the customs services which are rendered to such person at such airport, seaport, or other facility (including the salary and expenses of individuals employed by the Secretary of the Treasury to provide such customs services). (c) Justification for service The Secretary of the Treasury may designate airports, seaports, and other facilities under this subsection. An airport, seaport, or other facility may be designated under this subsection only if - (1) the Secretary of the Treasury has made a determination that the volume or value of business cleared through such airport, seaport, or other facility is insufficient to justify the availability of customs services at such airport, seaport, or other facility, and (2) the governor of the State in which such airport, seaport, or other facility is located approves such designation. (d) Failure to pay fee Any person who, after notice and demand for payment of any fee charged under subsection (a) of this section, fails to pay such fee shall be guilty of a misdemeanor and if convicted thereof shall pay a fine that does not exceed an amount equal to 200 percent of such fee. (e) Small airport, seaport, or other facility account; expenditures for services Fees collected by the Secretary of the Treasury under subsection (a) of this section with respect to the provision of services at an airport, seaport, or other facility shall be deposited in an account within the Treasury of the United States that is specially designated for such airport, seaport, or other facility. The Secretary of the Treasury is authorized and directed to pay out of any funds available in such account any expenses incurred by the Federal Government in providing customs services at such airport, seaport, or other facility (including expenses incurred for the salaries and expenses of individuals employed to provide such services). None of t