I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 03:17:48. Database: USCODE Search: (35:CITE) ------DocID 40953 Document 1 of 223------ -CITE- 35 USC TITLE 35 -EXPCITE- TITLE 35 -HEAD- TITLE 35 - PATENTS -MISC1- THIS TITLE WAS ENACTED BY ACT JULY 19, 1952, CH. 950, SEC. 1, 66 STAT. 792 Part Sec. I. Patent and Trademark Office 1 II. Patentability of Inventions and Grant of Patents 100 III. Patents and Protection of Patent Rights 251 IV. Patent Cooperation Treaty 351 AMENDMENTS 1984 - Pub. L. 98-622, title IV, Sec. 403(b), Nov. 8, 1984, 98 Stat. 3392, added item IV. Table Showing Disposition of All Sections of Former Title 35 --------------------------------------------------------------------- Title 35 Former Sections Title 35 New Sections --------------------------------------------------------------------- 1 1 2 3 3 2 4 4 5 5 6 6 7 7 10 8 11 31, 32 11a 33 12 22 13 11 14 10 14a (See former Sec. 78) 15 12 16 11(a) 1 17-19 Rep. 20 14 21 21 22 Rep. 23 Rep. 31 101, 102, 161 32 102(d), 119, 172 32a, 32b Rep. 33 111, 112, 162 34 113, 114 35 115 36 131 37 133, 267 38 Rep. 39 153 40 154 40a-40d Rep. 41 151 42-42f Rep. 43 Rep. 44 152 45 266 46 147 47 261 48 Rep. 49 287 50 292 51 132, 135 52 135 53 23 54-56 24 56a 164 57 134 58, 59 Rep. 59a 141; T. 28 Sec. 1542 60 142 61 143 62 144 63 145, 146 64 251, 252 65 253 66 291 67 281, 284 68 T. 28 Sec. 1498 69 102(g), 282 70 283-286, 290 71 288 72 102, 104 72a 146, 291 73 171 74, 75 289 76 114 77 173 78 12, 13, 41 79 42 80-87 Rep. 88 254 89-96 Elim. 101-108 Elim. 109 104 110-118a Elim. 119 T. 50 App. Sec. 2371 151 181 152 182 153 183 154 184 155 185 156 186 157 187 158 188 159 Rep. ------------------------------- CITATION Section 1 of act July 19, 1952, ch. 950, 66 Stat. 792, provided in part that this title may be cited as 'Title 35, United States Code, section - .' SEPARABILITY Section 3 of act July 19, 1952, ch. 950, 66 Stat. 815, provided that: 'If any provision of Title 35, as enacted by section 1 hereof, is declared unconstitutional or is held invalid, the validity of the remainder of this title shall not be affected.' EFFECTIVE DATE; SAVINGS PROVISION Section 4 of act July 19, 1952, ch. 950, 66 Stat. 815, provided that: '(a) This Act (enacting this title) shall take effect on January 1, 1953 and shall apply to all applications for patent filed on or after such date and to all patents granted on such applications. It shall apply to further proceedings on applications pending on such date and to patents granted on such applications except as otherwise provided. It shall apply to unexpired patents granted prior to such date except as otherwise provided. '(b) Section 102(d) of Title 35, as enacted by section 1 hereof, shall not apply to existing patents and pending applications, but the law previously in effect, namely the first paragraph of R. S. 4887 (first paragraph of section 32 of former Title 35), shall apply to such patents and applications. '(c) Section 119, second paragraph, of Title 35 as enacted by section 1 hereof shall not apply to existing patents. '(d) The period of one year specified in section 102(b) of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before August 5, 1940, and patents granted on such applications, and with respect to such applications and patents, said period is two years instead of one year. '(e) Nothing contained in Title 35, as enacted by section 1 hereof, shall operate to nullify any judicial finding prior to the effective date of this Act on the validity of any patent by a court of competent jurisdiction. '(f) Nothing in Title 35, as enacted by section 1 hereof, shall affect any provision of the Atomic Energy Act of 1946 (Aug. 1, 1946, ch. 724, 60 Stat. 755) (Sec. 2011 et seq. of Title 42, The Public Health and Welfare). '(g) The period of one year specified in section 4 of Title 35 as enacted by section 1 hereof shall not apply in the case of applications filed before the effective date of this Act. '(h) The repeal of sections 1-9, 11, 12 of the Act of Congress approved February 1, 1952 (ch. 4, 66 Stat. 3) (sections 151 to 159 of former Title 35), shall not affect any rights or liabilities existing on the date of approval of this Act (July 19, 1952). An order of secrecy issued under or in effect under the repealed Act and in effect on the date of approval of this Act, shall be considered as issued under this Act, and any claims arising under the repealed Act or subject to presentation and determination pursuant thereto and unsettled as of the effective date of this Act, may be presented and determined pursuant to the provisions of this Act (this title).' REPEALS Section 5 of act July 19, 1952, ch. 950, 66 Stat. 815, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large codified in this Act with the proviso that 'Any rights or liabilities now existing under such sections or parts thereof shall not be affected by this repeal.' -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 11 section 101; title 15 section 3703; title 17 section 912; title 42 section 12002. ------DocID 41101 Document 2 of 223------ -CITE- 35 USC CHAPTER 35 -EXPCITE- TITLE 35 PART IV CHAPTER 35 -HEAD- CHAPTER 35 - DEFINITIONS -MISC1- Sec. 351. Definitions. ------DocID 9908 Document 3 of 223------ -CITE- 7 USC CHAPTER 35 -EXPCITE- TITLE 7 CHAPTER 35 -HEAD- CHAPTER 35 - AGRICULTURAL ADJUSTMENT ACT OF 1938 -MISC1- GENERAL PROVISIONS Sec. 1281. Short title. 1282. Declaration of policy. 1282a. Emergency supply of agricultural products (a) Establishment of prices to insure orderly, adequate and steady supply of products. (b) Adjustments in maximum price of products subject to any price control or freeze order or regulation to increase supply. (c) 'Agricultural products' defined. (d) Implementation of policies to encourage full production in periods of short supply at fair and reasonable prices. SUBCHAPTER I - ADJUSTMENT IN FREIGHT RATES, NEW USES AND MARKETS, AND DISPOSITION OF SURPLUSES 1291. Adjustments in freight rates. (a) Complaints by Secretary of Agriculture; notice of hearings. (b) Secretary as party to proceedings. (c) Utilization of records, services, etc., of Department of Agriculture. (d) Cooperation with complaining farm associations. 1292. New uses and markets for commodities. (a) Regional research laboratories. (b) Acquisition of land for laboratories; donations. (c) Cooperation with governmental agencies, associations, etc. (d) Appropriation for purposes of subsection (a). (e) Repealed. (f) Appropriation to Secretary of Commerce. (g) Duty of Secretary. 1293. Transferred. SUBCHAPTER II - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES PART A - DEFINITIONS, LOANS, PARITY PAYMENTS, AND CONSUMER SAFEGUARDS 1301. Definitions. (a) General definitions. (b) Definitions applicable to one or more commodities. (c) Use of Federal statistics. (d) Exclusion of stocks of certain commodities. 1301a. References to parity prices, etc., in other laws after January 1, 1950. 1301b, 1302. Repealed. 1303. Parity payments. 1304. Consumer safeguards. 1305. Transfer of acreage allotments or feed grain bases on public lands upon request of State agencies. 1306. Projected yields; determination; base period. 1307. Limitation on payments under wheat, feed grains, and cotton programs for 1974 through 1977 crops. 1308. Limitation on payments under wheat, feed grains, upland cotton, extra long staple cotton, honey, and rice programs for 1987 through 1990 crops. 1308-1. Prevention of creation of entities to qualify as separate persons; payments limited to active farmers. (a) Prevention of creation of entities to qualify as separate persons. (b) Payments limited to active farmers. 1308-2. Schemes or devices. 1308-3. Foreign persons made ineligible for program benefits. (a) In general. (b) Corporations or other entities. (c) Prospective application. 1308-4. Education program. (a) In general. (b) Training. (c) Administration. (d) Commodity Credit Corporation. 1308-5. Treatment of multiyear program contract payments. (a) In general. (b) Limitation. 1308a. Cost reduction options. (a) Authority of Secretary to take action. (b) Reservation of Secretary's right to reopen or change contracts if producer agrees. (c) Purchase from other sources of commodities covered by nonrecourse loans. (d) Reduction in settlement price of nonrecourse loans. (e) Reopening of production control or loan programs to allow for payment in kind. (f) Other authorities of Secretary not affected. 1309. Normally planted acreage and target prices. (a) Authorized planted acreage for 1982 through 1995 crops of wheat and feed grains as prerequisite for loan, etc.; eligibility; determinations; records. (b) Established price payments. (c) Marketing quotas in effect for 1987 through 1995 crops of wheat; reduction in normally planted acreage as condition prerequisite for loan, etc. 1310. American agriculture protection program. (a) Determination of short supply; suspension of commercial export sales; parity price. (b) Duration of loan level. (c) Definition. 1310a. Normal supply of commodity for 1986 through 1995 crops. PART B - MARKETING QUOTAS SUBPART I - MARKETING QUOTAS - TOBACCO 1311. Legislative findings. 1312. National marketing quota. (a) Proclamation of quota. (b) Announcement of amount of quota. (c) Referendum on quotas. 1313. Apportionment of national marketing quota. (a) Apportionment among States. (b) Allotment of quota among producing farms. (c) Allotment to previous nonproducing farms and small farms. (d) Transfer of farm marketing quotas. (e) Quota for 1938; minimum State allotments. (f) Increase of 1938 quota. (g) Conversion of national marketing quota into national acreage allotment. (h) Repealed. (i) Increase of marketing quotas and acreage allotments to meet demand. (j) Tobacco acreage allotments for 1956, 1957, and 1958. (j) Old farm tobacco acreage allotment. 1314. Penalties. (a) Persons liable. (b) Collection and deposit. (c) Lien in favor of United States. 1314-1. Limitation on sale of tobacco floor sweepings. (a) Penalty. (b) Assessment; notice and opportunity for hearing; determination. (c) Relation to other law. (d) Definitions. 1314a. Repealed. 1314b. Lease or sale of acreage allotments. (a) Conditions for permission from Secretary; false statements; exceptions. (b) Term of years; terms and conditions. (c) Filing with county committees; calculation of normal yield for transfer. (d) Allotments for other years unaffected; inclusion of amount in transferors' plantings; referendum voting rights. (e) Limitation on amount of acreage allotment; 'tillable cropland' defined. (f) Regulations. (g) Sale of allotment or quota by one active Flue-cured tobacco producer to another; definition. (h) Sale or forfeiture of allotment or quota; notice and opportunity for hearing; determination; review. (h) Transfer authority. 1314b-1. Mandatory sale of certain Flue-cured tobacco acreage allotments and marketing quotas. (a) Sale or forfeiture of acreage allotment or marketing quota by institutional farmowners not later than the later of December 1, 1984, or December 1 of year after year in which farm acquired. (b) Forfeiture of acreage allotment or marketing quota by farmowners on or after December 1, 1983. (c) Notice and opportunity for hearing; determination; review. 1314b-2. Mandatory sale of certain Burley tobacco acreage allotments and marketing quotas. (a) Sale or forfeiture of marketing quota by institutional farmowners not later than the later of December 1, 1984, or December 1 of year after year in which farm acquired. (b) Notice and opportunity for hearing; determination; review. (c) Sale or forfeiture of allotment or quota by subsequent purchaser; notice and opportunity for hearing; determination; review. 1314c. Acreage-poundage quotas. (a) Definitions. (b) National marketing quota, acreage allotment and average yield goal for Flue-cured tobacco; referendum. (c) Tobacco having marketing quotas on acreage basis; determination of Secretary of program on acreage-poundage basis; announcement of national marketing quota, acreage allotment and average yield goal; referendum. (d) Proclamation of national marketing quota for three years following last year of three years of acreage-poundage quotas; referendum; notice of farm marketing quota to farm operators. (e) Nonestablishment of farm acreage allotment or farm yield for farms without tobacco production for five years; reserve; 'new farms' defined; acreage allotment and farm yield basis of new farms. (f) Acreage reduction penalties applicable to acreage-poundage programs; farm marketing quota reductions; filing false reports; increases or decreases in acreage allotments and farm yields for other farms of owner displaced by agency acquisition of farms; leases and sales of acreage allotments and farm marketing quotas; ratification of transfers of acreage allotments. (g) Marketing penalties. (h) Burley tobacco; acreage-poundage basis: farm acreage allotment and farm marketing quota, adjustments for overmarketing or undermarketing, reductions for violations; acreage and quota additional to national acreage allotment and national marketing quota; acreage basis: acreage allotment, amendment of clause (1) and proviso of section 1315. (i) Consultations with industry representatives respecting a program for each kind of tobacco, studies of Flue-cured tobacco acreage-poundage program, report and recommendations to congressional committees, upon referendum approval of Flue-cured tobacco acreage-poundage program. (j) Treatment of falsely identified tobacco for purposes of establishing future farm marketing quotas. (k) Forfeiture of allotment and quota. (l) Determination of Flue-cured tobacco planted acreage. 1314d. Fire-cured, dark air-cured, and Virginia sun-cured tobacco. (a) Sale or lease of acreage allotments and acreage-poundage quotas. (b) Conditions for transfers. (c) Transfer of acreage history and marketing quota. (d) Five-year restriction on new farm allotments or quotas. (e) Allotment adjustment. (f) Lease term. (g) Acreage transfer maximums. (h) Future allotments; referendum voting eligibility. (i) Land utilization agreements; payment adjustments. (j) Rules and regulations. 1314e. Farm poundage quotas for certain kinds of tobacco. (a) Proclamations and referenda regarding burley tobacco. (b) Proclamations and referenda regarding dark air-cured tobacco and types 22 and 23 fire-cured tobacco. (c) Amount of national marketing quota, determination; national reserve, establishment. (d) Farm yields; determination; limitation. (e) Farm marketing quotas; preliminary quotas, determination, limitation; succeeding years, quota computation, limitations, increase and reduction of quotas; new farms, limitation. (f) Reductions for false information. (g) Leases and transfers of farm quotas; limitations. (h) Loss of quotas through underplanting. (i) Marketing penalties. (j) Regulations. (k) Lease and transfer of burley tobacco quota assigned. (l) Lease and transfer of burley tobacco quotas in Tennessee. 1314f. Nonquota tobacco subject to quota. 1314g. Submission of purchase intentions by cigarette manufacturers. (a) Quantity of intended purchases; aggregation not to allow identification. (b) Failure to submit; determination of quantity of intended purchases by Secretary. (c) Confidentiality of information; disclosure; publication of identity of violators; penalties. (d) Exemption from public disclosure. 1314h. Purchase requirements; penalty. (a) Statement of quantity purchased during marketing year. (b) Failure to purchase at least 90 percent of quantity of intended purchases; reduction in quantity of intended purchases. (c) Penalty for failure to purchase specified amount. (d) Transmission of penalty by Secretary; deposit in No Net Cost Fund or Account. (e) Confidentiality of information submitted; disclosure; publication of identity of violators; exemption from public disclosure; penalties. (f) 'Quota tobacco' defined. 1315. Burley tobacco acreage allotments. 1316. Transfer of allotments subsequent to 1965. SUBPART II - ACREAGE ALLOTMENTS - CORN 1321. Legislative finding of effect on interstate and foreign commerce and necessity of regulation. 1322 to 1325. Repealed. 1326. Adjustment of farm marketing quotas. 1327 to 1329. Omitted. 1329a. Discontinuance of acreage allotments on corn. 1330. Omitted. SUBPART III - MARKETING QUOTAS - WHEAT 1331. Legislative finding of effect on interstate and foreign commerce and necessity of regulation. 1332. Proclamation of marketing quotas. (a) Definitions. (b) Date of proclamation and referendum; quantity considerations. (c) Adjustment or termination. 1333. Marketing quota apportionment factor. 1334. Farm marketing quotas. (a) Establishment for farms with wheat planted for harvest. (b) Computation. (c) Wheat planted for harvest. (d) Date for establishment. 1334a. Omitted. 1334a-1. Summer fallow farms; upper limit on required set aside acreage for 1971 through 1977 wheat, feed grain, and cotton crops. 1334b. Designation of States outside commercial wheat-producing areas. 1335. Marketing penalties. (a) Rate per bushel. (b) Persons liable. (c) Payments by producers for wheat deemed marketed in excess of farm marketing quota. (d) Joint and several liability of producers. (e) Carryover wheat penalty-free. (f) Marketing quotas applicable to wheat marketed before marketing year. (g) Proportional collections upon proofless dispositions of excess wheat prior to marketing; special account in the Treasury; administration by Secretary and finality of payments. (h) Lien in favor of United States. (i) Persons liable for interest. (j) Termination of marketing quotas without effect on penalties incurred or subject to remittance. 1336. Referendum. (a) Proclamation of national marketing quota; mail ballots. (b) Eligible voters. (c) Proclamation of results. (d) Proclamation of marketing quotas for marketing quota period. 1337. Repealed. 1338. Transfer of farm marketing quotas. 1339. Land use. (a) Penalties: computation, lien, joint and several liability and interest; exceptions: nonsurplus supply crops, substantial impairment, and nonproduction of wheat; diverted acreage: amount, annual identity, and grazing; crops available for marketing. (b) Payment program for 1964 through 1970 crops; terms and conditions; amount; additional diverted acreage; conservation and soil-conserving uses; adjustment; knowledge of exceeding acreage allotment; acreage allotment not exceeded by delivery to Secretary of farm marketing excess or storage in accordance with regulations to avoid or postpone payment of penalty or by farms exempt from marketing quota; new farms ineligible for payments; sharing and medium of payments. (c) Adjustment of payments. (d) Advance payments. (e) Diverted acreage used for production of certain crops; rate of payment; limitation on rate. (f) Additional terms and conditions. (g) Regulations. (h) Commodity Credit Corporation funds and authorization of appropriations for payments and administrative expenses. 1339a. Good faith reliance. 1339b. Wheat diversion programs; credits in establishment of State, county and farm acreage allotments for wheat. 1339c. Feed grains diversion programs for 1964 and subsequent years; feed grain acreage considered wheat acreage and wheat acreage considered feed grain acreage. 1339d. Hay production on set-aside or diverted acreage; storage; emergency use; loans. 1340. Supplemental provisions relating to wheat marketing quotas; marketing penalty for rice; crop loans on cotton, wheat, rice, tobacco, and peanuts. SUBPART IV - MARKETING QUOTAS - COTTON 1341. Legislative findings. 1342. National marketing quota; proclamation; amount; date of proclamation. 1342a. National cotton production goal. 1343. Referendum. 1344. Apportionment of national acreage allotments. (a) Basis. (b) Apportionment among States for year 1953 and subsequent years; adjustment; national acreage reserve. (c) Apportionment among States for years 1950 and 1951; computation and adjustment. (d) Apportionment for year 1952; adjustment. (e) Apportionment among counties; reservation of acreage; additional acreage for establishing minimum farm allotments. (f) Apportionment among farms. (g) Law and conditions governing establishment of acreage allotments and yields. (h) Repealed. (i) Excess planting; old and new farm allotment. (j) Availability of records for inspection. (k) Minimum allotments to States. (l) Administration of law governing war crops. (m) Acreage allotments, 1954; increases; apportionments; limitations; unallotted farm acreage; reapportionment of surrendered acreage; extra long staple cotton; reserve acreage. (n) Transfer of farm cotton acreage allotments in case of natural disasters; eligibility for allotment. 1344a. Exclusion of 1949 acreage in computation of future allotments. 1344b. Sale, lease, or transfer of cotton acreage allotments. (a) Authority for calendar years 1966 through 1970; transfer periods. (b) Requisite conditions for transfer of acreage allotments. (c) Extent of estate transferred. (d) Period of ineligibility of land for new allotment. (e) Transfer of allotments established under minimum allotment provisions. (f) Rules and regulations. (g) Adjustment upon transfer of land covered by conservation reserve contract. (h) Exchange of cotton acreage allotments for rice acreage allotments. (i) Applicability to cotton restricted to upland cotton. 1345. Farm marketing quotas; farm marketing excess. 1346. Penalties. 1347. Repealed. 1348. Payments in kind to equalize cost of cotton to domestic and foreign users; rules and regulations; termination date; persons eligible; amount; terms and conditions; raw cotton in inventory. 1349. Export market acreage. (a) Supplementary allotments for 1964 and 1965; acreage limitation; apportionment among States and farms; 'export market acreage' on any farm; farm acreage allotment for farms with export acreage; additional allotment; establishment of future allotments without regard to export acreage; exclusion of extra-long-staple cotton and farms receiving additional price support for 1964 and 1965. (b) Bond, other undertaking, and lieu payments for exportation without subsidy and within specified period; terms and conditions; liquidated damages; farm acreage allotment upon noncompliance with conditions; remissions to CCC for defraying costs of encouraging export sales of cotton. 1350. National base acreage allotment. (a) Establishment. (b) Apportionment to States. (c) Apportionment to counties. (d) Adjustment of apportionment bases for counties. (e) Apportionment to farms. (f) Surrender of farm base acreage allotments. (g) Compliance with set-aside requirements. (h) Transfer of farm base acreage allotments not planted because of natural disaster or conditions beyond control of producer. 1350a. Repealed. SUBPART V - MARKETING QUOTAS - RICE 1351 to 1356. Omitted or Repealed. SUBPART VI - MARKETING QUOTAS - PEANUTS 1357. Legislative findings. 1358. National marketing quota. (a) Proclamation; amount. (b) Referendum. (c) Apportionment of national acreage allotment. (d) Farm acreage allotments. (e) County acreage allotments. (f) New farm allotments. (g) Release and reapportionment of farm-acreage allotments. (h) Repealed. (i) Production on farms with no allotments. (j) Transfer of acreage allotment. (k)-(p) Omitted. (q) Establishment of national poundage quotas for 1986 through 1990 marketing years. (r) Apportionment of poundage quotas among States. (s) Establishment of farm poundage quotas. (t) Farm yields. (u) Referendum respecting poundage quotas. (v) Definitions. 1358-1. National poundage quotas and acreage allotments for 1991 through 1995 crops of peanuts. (a) National poundage quotas. (b) Farm poundage quotas. (c) Farm yields. (d) Referendum respecting poundage quotas. (e) Definitions. (f) Crops. 1358a. Transfer of peanut acreage allotments. (a) Authority to permit transfers. (b) Conditions upon transfer; adjustment of allotment. (c) Transfer of acreage history and marketing quota; transfer by lease. (d) Eligibility of transferred land for new allotment. (e) Duration of lease; terms and conditions. (f) Lease of part of acreage allotment; determination of future allotments; eligibility for referendum. (g) Regulations; limitations on transfers. (h) Adjustment of rates for land utilization agreements. (i),(j) Omitted. (k) Sale or lease of farm poundage quotas; limitations. (l) Applicable conditions to transfers of farm poundage quotas. 1358b. Sale, lease, or transfer of farm poundage quota for 1991 through 1995 crops of peanuts. (a) In general. (b) Conditions. (c) Crops. 1358c. Experimental and research programs for peanuts. (a) In general. (b) Quantity. (c) Limitation. (d) Crops. 1359. Marketing penalties. 1359a. Marketing penalties and disposition of additional peanuts for 1991 through 1995 crops of peanuts. (a) Marketing penalties. (b) Use of quota and additional peanuts. (c) Marketing peanuts with excess quantity, grade, or quality. (d) Handling and disposal of additional peanuts. (e) Special export credits. (f) Contracts for purchase of additional peanuts. (g) Marketing of peanuts owned or controlled by Commodity Credit Corporation. (h) Administration. (i) Crops. SUBPART VII - MARKETING QUOTAS - SUGAR AND CRYSTALLINE FRUCTOSE 1359aa. Information reporting. (a) Duty to report. (b) Penalty. (c) Monthly reports. 1359bb. Marketing allotments for sugar and crystalline fructose. (a) Sugar estimates. (b) Sugar allotments. (c) Crystalline fructose allotments. (d) Prohibitions. 1359cc. Establishment of marketing allotments. (a) In general. (b) Overall allotment quantity. (c) Allotment. (d) Percentage factors. (e) Marketing allotment. (f) State sugarcane allotment. (g) Adjustment of marketing allotments. (h) Filling sugarcane and sugar beet allotments. 1359dd. Allocation of marketing allotments. (a) In general. (b) Filling cane sugar allotments. 1359ee. Assignments of deficits. (a) Estimates of marketing. (b) Reassignment of deficits. 1359ff. Provisions applicable to producers. (a) Processor assurances. (b) Proportionate shares of certain allotments. 1359gg. Special rules. (a) Transfer of production history. (b) Reservation of production history. (c) Revisions of allocations and proportionate shares. 1359hh. Regulations; violations; publication of Secretary's determinations; jurisdiction of courts; United States attorneys. (a) Regulations. (b) Violation. (c) Publication in Federal Register. (d) Jurisdiction of courts; United States attorneys. (e) Nonexclusivity of remedies. 1359ii. Appeals. (a) In general. (b) Procedure. 1359jj. Administration. (a) Use of certain agencies. (b) Use of Commodity Credit Corporation. (c) 'United States' and 'State' defined. PART C - ADMINISTRATIVE PROVISIONS SUBPART I - PUBLICATION AND REVIEW OF QUOTAS 1361. Application of subpart. 1362. Publication of marketing quota; mailing of allotment notice. 1363. Review of quota; review committee. 1364. Compensation of review committee. 1365. Institution of proceeding for court review of committee findings. 1366. Court review. 1367. Stay of proceedings and exclusive jurisdiction. 1368. Effect of increase on other quotas. SUBPART II - ADJUSTMENT OF QUOTAS AND ENFORCEMENT 1371. General adjustment of quotas. (a) Investigation and adjustment to maintain normal supply. (b) Adjustment because of emergency or export demand. (c) Increase of farm quota on increase of national quota. 1372. Payment, collection, and refund of penalties. 1373. Reports and records. (a) Persons reporting. (b) Proof of acreage yield. (c) Data as confidential. 1374. Measurement of farms and report of plantings; remeasurement. 1375. Regulations. 1376. Court jurisdiction; duties of United States attorneys; remedies and penalties as additional. 1377. Preservation of unused acreage allotments. 1378. Transfer of acreage allotments ensuing from agency acquisition of farm lands. (a) Allotment pool. (b) Circumstances precluding application of provisions. (c) Time of displacement determining application of provisions. (d), (e) Omitted. (f) Burley tobacco marketing allotment and acreage as meaning marketing quota and poundage. 1379. Reconstitution of farms. PART D - WHEAT MARKETING ALLOCATION 1379a. Legislative findings. 1379b. Wheat marketing allocation; amount; national allocation percentage; commercial and noncommercial wheat-producing areas. 1379c. Marketing certificates. (a) Issuance; amount; reduction; sharing among producers; domestic and export certificates. (b) Producers eligible for certificates; storage conditions. (c) Face value. (d) Statement or form of certificates and transfers. (e) Failure of producer to comply with programs; issuance of certificates. 1379d. Marketing restrictions. (a) Transfers of certificates; purchases by Commodity Credit Corporation. (b) Processor and exporter acquisition of domestic and export certificates; international trade, expansion; refunds or credits for certificates; exemptions from requirements. (c) Undertaking to secure marketing of commodity without certificate. (d) 'Food products' defined; exemption of flour second clears. 1379e. Assistance in purchase and sale of marketing certificates; regulations; administrative expenses; interest. 1379f. Conversion factors. 1379g. Authority to facilitate transition. 1379h. Applicability of provisions to designated persons; reports and records; examinations by the Secretary. 1379i. Penalties. (a) Forfeitures; amount; civil action. (b) Misdemeanors; punishment. (c) Forfeiture of right to receive certificates; payment of face value. (d) Felonies; punishment. 1379j. Regulations. PART E - RICE CERTIFICATES 1380a to 1380p. Omitted. PART F - MISCELLANEOUS PROVISIONS AND APPROPRIATIONS SUBPART I - MISCELLANEOUS 1381 to 1382. Omitted. 1383. Insurance of cotton; reconcentration. 1383a. Written consent for reconcentration of cotton. 1384. Repealed. 1385. Finality of payments and loans; substitution of beneficiaries. 1386. Exemption from laws prohibiting interest of members of Congress in contracts. 1387. Photographic reproductions and maps. 1388. Utilization of local agencies. (a) Designation of local agencies and local administrative areas. (b) Payments to county committees for administrative expenses. (c) Travel expenses. 1389. Personnel. 1390. Separability. SUBPART II - APPROPRIATIONS AND ADMINISTRATIVE EXPENSES 1391. Authorization of appropriations; loans from Commodity Credit Corporation. 1392. Administrative expenses; posting names and compensation of local employees. 1393. Allotment of appropriations. SUBCHAPTER III - COTTON POOL PARTICIPATION TRUST CERTIFICATES 1401 to 1407. Omitted. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 511r, 1428, 1442, 1444a, 1446c, 1745, 2279 of this title. ------DocID 12002 Document 4 of 223------ -CITE- 10 USC CHAPTER 35 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 35 -HEAD- CHAPTER 35 - TEMPORARY APPOINTMENTS IN OFFICER GRADES -MISC1- Sec. 601. Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals. 602. Warrant officers: temporary promotions. 603. Commissioned officer grades: time of war or national emergency. ------DocID 14625 Document 5 of 223------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 35 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PRACTICE BEFORE THE COURT -HEAD- Rule 35. Filing of Record -STATUTE- The record shall be filed by the Judge Advocate General as soon as practicable after the docketing of any action pursuant to Rule 4. See Rule 27(a)(1) and (b). ------DocID 15167 Document 6 of 223------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 35 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 35. - Notice of Appeal to a District Court or Bankruptcy Appellate Panel From a Judgment of a Bankruptcy Court Entered in an Adversary Proceeding -STATUTE- UNITED STATES BANKRUPTCY COURT XXXXXXXX DISTRICT OF XXXXXXXX XXXXXXXXXXXXXXXX In re Case No. XXX XXXXXXXXXXXXXXX, Debtor, XXXXXXXXXXXXXXX, Adv. Pro. No. XX Plaintiff, v. XXXXXXXXXXXXXXX, Defendant. XXXXXXXXXXXXXXXX NOTICE OF APPEAL XXXXXXXX, the plaintiff (or defendant or other party) appeals to the district court (or the bankruptcy appellate panel), from the final judgment (or final order or final decree (describe it)) of the bankruptcy court entered in this adversary proceeding on the XXXX day of XXXXXX. The parties to the judgment (or order or decree) appealed from and the names and addresses of their respective attorneys are as follows: XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX Dated: XXXXXX Signed: XXXXXXXX, Attorney for Appellant. Address: XXXXXXXXXXXXXXX -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is an adaptation of the suggested form of notice of appeal which accompanies the Federal Rules of Appellate Procedure. If the appeal does not arise in an adversary proceeding the caption should conform to that in Official Form No. 2. This form may be modified for an appeal from an interlocutory order. See Rule 8001(b). ------DocID 15203 Document 7 of 223------ -CITE- 12 USC Sec. 35 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 35. Organization of State banks as national banking associations -STATUTE- Any bank incorporated by special law of any State or of the United States or organized under the general laws of any State or of the United States and having an unimpaired capital sufficient to entitle it to become a national banking association under the provisions of the existing laws may, by the vote of the shareholders owning not less than 51 per centum of the capital stock of such bank or banking association, with the approval of the Comptroller of the Currency be converted into a national banking association, with a name that contains the word 'national': Provided, however, That said conversion shall not be in contravention of the State law. In such case the articles of association and organization certificate may be executed by a majority of the directors of the bank or banking institution, and the certificate shall declare that the owners of 51 per centum of the capital stock have authorized the directors to make such certificate and to change or convert the bank or banking institution into a national association. A majority of the directors, after executing the articles of association and the organization certificate, shall have power to execute all other papers and to do whatever may be required to make its organization perfect and complete as a national association. The shares of any such bank may continue to be for the same amount each as they were before the conversion, and the directors may continue to be directors of the association until others are elected or appointed in accordance with the provisions of the statutes of the United States. When the Comptroller has given to such bank or banking association a certificate that the provisions of this Act have been complied with, such bank or banking association, and all its stockholders, officers, and employees shall have the same powers and privileges and shall be subject to the same duties, liabilities, and regulations, in all respects, as shall have been prescribed by the Federal Reserve Act (12 U.S.C. 221 et seq.) and the National Banking Act for associations originally organized as national banking associations. The Comptroller of the Currency may, in his discretion and subject to such conditions as he may prescribe, permit such converting bank to retain and carry at a value determined by the Comptroller such of the assets of such converting bank as do not conform to the legal requirements relative to assets acquired and held by national banking associations. -SOURCE- (R.S. Sec. 5154; Dec. 23, 1913, ch. 6, Sec. 8, 38 Stat. 258; Aug. 23, 1935, ch. 614, title III, Sec. 312, 49 Stat. 711; Jan. 12, 1983, Pub. L. 97-457, Sec. 19(b), 96 Stat. 2509.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in first par., may refer to the Federal Reserve Act, act Dec. 23, 1913, from which this wording is derived; or section 5154 of the Revised Statutes which the Federal Reserve Act amended; or act June 3, 1864, from which R.S. Sec. 5154 was derived; or Congress might have intended to refer to the preceding provisions of the 1913 amendment. Similar reference in R.S. Sec. 5154 prior to 1913 amendment was to 'this Title,' meaning title 62 of the Revised Statutes, which title comprised the National Bank Act (June 3, 1864, ch. 106, 13 Stat. 99). See section 38 of this title. Note also specific reference to the Federal Reserve Act and the National Banking Act in said paragraph. The Federal Reserve Act, referred to in text, is act Dec. 23, 1913, ch. 6, 38 Stat. 251, as amended, which is classified principally to chapter 3 (Sec. 221 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 226 of this title and Tables. The National Banking Act, referred to in text, is probably intended to be a reference to the National Bank Act, act June 3, 1864, ch. 106, 13 Stat. 99, as amended, which is classified principally to chapter 2 (Sec. 21 et seq.) of this title. For complete classification of this Act to the Code see References in Text note set out under section 38 of this title. -COD- CODIFICATION R.S. Sec. 5154 derived from act June 3, 1864, ch. 106, Sec. 44, 13 Stat. 112, which was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1983 - Pub. L. 97-457 substituted 'with a name that contains the word 'national' ' for 'with any name approved by the Comptroller of the Currency' after 'national banking association,'. 1935 - Act Aug. 23, 1935, added last par. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -CROSS- CROSS REFERENCES Conversion of gold banks into currency banks, see section 153 of this title. Conversion of national banks into State banks, see sections 214 to 214c of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 153 of this title. ------DocID 16811 Document 8 of 223------ -CITE- 12 USC CHAPTER 35 -EXPCITE- TITLE 12 CHAPTER 35 -HEAD- CHAPTER 35 - RIGHT TO FINANCIAL PRIVACY -MISC1- Sec. 3401. Definitions. 3402. Access to financial records by Government authorities prohibited; exceptions. 3403. Confidentiality of financial records. (a) Release of records by financial institutions prohibited. (b) Release of records upon certification of compliance with chapter. (c) Notification to Government authority of existence of relevant information in records. (d) Release of records as incident to perfection of security interest, proving a claim in bankruptcy, collecting a debt, or processing an application with regard to a Government loan, loan guarantee, etc. 3404. Customer authorizations. (a) Statement furnished by customer to financial institution and Government authority; contents. (b) Authorization as condition of doing business prohibited. (c) Right of customer to access to financial institution's record of disclosures. 3405. Administrative subpena and summons. 3406. Search warrants. (a) Applicability of Federal Rules of Criminal Procedure. (b) Mailing of copy and notice to customer. (c) Court-ordered delays in mailing. 3407. Judicial subpena. 3408. Formal written request. 3409. Delayed notice. (a) Application by Government authority; findings. (b) Grant of delay order; duration and specifications; extensions; copy of request and notice to customer. (c) Notice requirement respecting emergency access to financial records. (d) Preservation of memorandums, affidavits, or other papers. 3410. Customer challenges. (a) Filing of motion to quash or application to enjoin; proper court; contents. (b) Filing of response; additional proceedings. (c) Decision of court. (d) Appeals. (e) Sole judicial remedy available to customer. (f) Affect on challenges by financial institutions. 3411. Duty of financial institutions. 3412. Use of information. (a) Transfer of financial records to other agencies or departments; certification. (b) Mailing of copy of certification and notice to customer. (c) Court-ordered delays in mailing. (d) Exchanges of examination reports by supervisory agencies; transfer of financial records to defend customer action; withholding of information. (e) Federal Financial Institutions Examination Council supervisory agencies; Securities and Exchange Commission; authorization of exchange of financial records or other information. (f) Transfer to Attorney General. 3413. Exceptions. (a) Disclosure of financial records not identified with particular customers. (b) Disclosure to, or examination by, supervisory agency pursuant to exercise of supervisory, regulatory, or monetary functions with respect to financial institutions, holding companies, subsidiaries, institution-affiliated parties, or other persons. (c) Disclosure pursuant to title 26. (d) Disclosure pursuant to Federal statute or rule promulgated thereunder. (e) Disclosure pursuant to Federal Rules of Criminal Procedure or comparable rules of other courts. (f) Disclosure pursuant to administrative subpena issued by administrative law judge. (g) Disclosure pursuant to legitimate law enforcement inquiry respecting name, address, account number, and type of account of particular customers. (h) Disclosure pursuant to lawful proceeding, investigation, etc., directed at financial institution or legal entity or consideration or administration respecting Government loans, loan guarantees, etc. (i) Disclosure pursuant to issuance of subpena or court order respecting grand jury proceeding. (j) Disclosure pursuant to proceeding, investigation, etc., instituted by General Accounting Office and directed at a government authority. (k) Disclosure necessary for proper administration of programs of withholding taxes on nonresident aliens, Federal Old-Age, Survivors, and Disability Insurance Benefits, and Railroad Retirement Act Benefits. (l) Crimes against financial institutions by insiders. (m) Disclosure to, or examination by, employees or agents of Board of Governors of Federal Reserve System or Federal Reserve Bank. (n) Disclosure to, or examination by, Resolution Trust Corporation or its employees or agents. (o) Disclosure to, or examination by, Federal Housing Finance Board or Federal home loan banks. 3414. Special procedures. 3415. Cost reimbursement. 3416. Jurisdiction. 3417. Civil penalties. (a) Liability of agencies or departments of United States or financial institutions. (b) Disciplinary action for willful or intentional violation of chapter by agents or employees of department or agency. (c) Good faith defense. (d) Exclusive judicial remedies and sanctions. 3418. Injunctive relief. 3419. Suspension of limitations. 3420. Grand jury information; notification of certain persons prohibited. 3421. Reporting requirements. 3422. Applicability to Securities and Exchange Commission. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 sections 78u, 78x. ------DocID 17477 Document 9 of 223------ -CITE- 15 USC Sec. 35 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 35. Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity -STATUTE- (a) Prohibition in general No damages, interest on damages, costs, or attorney's fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) from any local government, or official or employee thereof acting in an official capacity. (b) Preconditions for attachment of prohibition; prima facie evidence for nonapplication of prohibition Subsection (a) of this section shall not apply to cases commenced before the effective date of this Act unless the defendant establishes and the court determines, in light of all the circumstances, including the stage of litigation and the availability of alternative relief under the Clayton Act, that it would be inequitable not to apply this subsection to a pending case. In consideration of this section, existence of a jury verdict, district court judgment, or any stage of litigation subsequent thereto, shall be deemed to be prima facie evidence that subsection (a) of this section shall not apply. -SOURCE- (Pub. L. 98-544, Sec. 3, Oct. 24, 1984, 98 Stat. 2750.) -REFTEXT- REFERENCES IN TEXT For the effective date of this Act, referred to in subsec. (b), see Effective Date note below. The Clayton Act, referred to in subsecs. (a) and (b), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which is classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of this title and to sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Tables. -MISC2- EFFECTIVE DATE Section effective thirty days before Oct. 24, 1984, see section 6 of Pub. L. 98-544, set out as a note under section 34 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 34 of this title. ------DocID 17777 Document 10 of 223------ -CITE- 15 USC Sec. 80a-35 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-35. Breach of fiduciary duty -STATUTE- (a) Civil actions by Commission; jurisdiction; allegations; injunctive or other relief The Commission is authorized to bring an action in the proper district court of the United States, or in the United States court of any territory or other place subject to the jurisdiction of the United States, alleging that a person serving or acting in one or more of the following capacities has engaged within five years of the commencement of the action or is about to engage in any act or practice constituting a breach of fiduciary duty involving personal misconduct in respect of any registered investment company for which such person so serves or acts - (1) as officer, director, member of any advisory board, investment adviser, or depositor; or (2) as principal underwriter, if such registered company is an open-end company, unit investment trust, or face-amount certificate company. If such allegations are established, the court may enjoin such persons from acting in any or all such capacities either permanently or temporarily and award such injunctive or other relief against such person as may be reasonable and appropriate in the circumstances, having due regard to the protection of investors and to the effectuation of the policies declared in section 80a-1(b) of this title. (b) Compensation or payments as basis of fiduciary duty; civil actions by Commission or security holder; burden of proof; judicial consideration of director or shareholder approval; persons liable; extent of liability; exempted transactions; jurisdiction; finding restriction For the purposes of this subsection, the investment adviser of a registered investment company shall be deemed to have a fiduciary duty with respect to the receipt of compensation for services, or of payments of a material nature, paid by such registered investment company or by the security holders thereof, to such investment adviser or any affiliated person of such investment adviser. An action may be brought under this subsection by the Commission, or by a security holder of such registered investment company on behalf of such company, against such investment adviser, or any affiliated person of such investment adviser, or any other person enumerated in subsection (a) of this section who has a fiduciary duty concerning such compensation or payments, for breach of fiduciary duty in respect of such compensation or payments paid by such registered investment company or by the security holders thereof to such investment adviser or person. With respect to any such action the following provisions shall apply: (1) It shall not be necessary to allege or prove that any defendant engaged in personal misconduct, and the plaintiff shall have the burden of proving a breach of fiduciary duty. (2) In any such action approval by the board of directors of such investment company of such compensation or payments, or of contracts or other arrangements providing for such compensation or payments, and ratification or approval of such compensation or payments, or of contracts or other arrangements providing for such compensation or payments, by the shareholders of such investment company, shall be given such consideration by the court as is deemed appropriate under all the circumstances. (3) No such action shall be brought or maintained against any person other than the recipient of such compensation or payments, and no damages or other relief shall be granted against any person other than the recipient of such compensation or payments. No award of damages shall be recoverable for any period prior to one year before the action was instituted. Any award of damages against such recipient shall be limited to the actual damages resulting from the breach of fiduciary duty and shall in no event exceed the amount of compensation or payment received from such investment company, or the security holders thereof, by such recipient. (4) This subsection shall not apply to compensation or payments made in connection with transactions subject to section 80a-17 of this title, or rules, regulations, or orders thereunder, or to sales loads for the acquisition of any security issued by a registered investment company. (5) Any action pursuant to this subsection may be brought only in an appropriate district court of the United States. (6) No finding by a court with respect to a breach of fiduciary duty under this subsection shall be made a basis (A) for a finding of a violation of this subchapter for the purposes of sections 80a-9 and 80a-48 of this title, section 78o of this title, or section 80b-3 of this title, or (B) for an injunction to prohibit any person from serving in any of the capacities enumerated in subsection (a) of this section. (c) Corporate or other trustees performing functions of investment advisers For the purposes of subsections (a) and (b) of this section, the term 'investment adviser' includes a corporate or other trustee performing the functions of an investment adviser. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 36, 54 Stat. 841; Dec. 14, 1970, Pub. L. 91-547, Sec. 20, 84 Stat. 1428; June 4, 1975, Pub. L. 94-29, Sec. 28(7), 89 Stat. 166; Dec. 4, 1987, Pub. L. 100-181, title VI, Sec. 622, 101 Stat. 1262.) -MISC1- AMENDMENTS 1987 - Subsec. (b)(4). Pub. L. 100-181, Sec. 622(1), substituted 'loads' for 'loans'. Subsecs. (c), (d). Pub. L. 100-181, Sec. 622(2), (3), redesignated as subsec. (c) provisions which were added and designated as subsec. (d) by Pub. L. 94-29, and substituted 'subsections (a) and (b)' for 'subsections (a) through (c)'. 1975 - Subsec. (d). Pub. L. 94-29 added subsec. (d). 1970 - Subsec. (a). Pub. L. 91-547 designated existing provisions as subsec. (a) and substituted in first sentence 'has engaged within five years of the commencement of the action or is about to engage in any act or practice constituting a breach of fiduciary duty involving personal misconduct' for 'has been guilty, after August 22, 1940, and within five years of the commencement of the action, of gross misconduct or gross abuse of trust' and second sentence reading 'If such allegations are established, the court may enjoin such persons from acting in any or all such capacities either permanently or temporarily and award such injunctive or other relief against such person as may be reasonable and appropriate in the circumstances, having due regard to the protection of investors and to the effectuation of the policies declared in section 80a-1(b) of this title' for prior provision reading 'If the Commission's allegations of such gross misconduct or gross abuse of trust are established, the court shall enjoin such person from acting in such capacity or capacities either permanently or for such period of time as it in its discretion shall deem appropriate.' Subsec. (b). Pub. L. 91-547 added subsec. (b). EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-29 effective June 4, 1975, see section 31(a) of Pub. L. 94-29, set out as a note under section 78b of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective Dec. 14, 1970, except that subsec. (b) of this section effective on expiration of eighteen months after Dec. 14, 1970, see section 30 (introductory text and par. (4)) 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. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-43, 80a-58 of this title. ------DocID 18502 Document 11 of 223------ -CITE- 15 USC CHAPTER 35 -EXPCITE- TITLE 15 CHAPTER 35 -HEAD- CHAPTER 35 - SEAT BELT REGULATION ------DocID 19660 Document 12 of 223------ -CITE- 16 USC Sec. 35 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 35. Private use of electricity from lighting and power plant -STATUTE- Private parties or companies doing business in the Yellowstone National Park under authority from the Government may be permitted, in the discretion of the Secretary of the Army, to use electricity furnished by the electric lighting and power plant of Fort Yellowstone and Mammoth Hot Springs at actual cost to the Government for operation, maintenance, and depreciation of the plant and 10 per centum additional, under such regulations as may be prescribed by the Secretary of the Army. -SOURCE- (Mar. 3, 1903, ch. 1007, Sec. 1, 32 Stat. 1130; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army. ------DocID 20438 Document 13 of 223------ -CITE- 16 USC Sec. 410cc-35 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part C -HEAD- Sec. 410cc-35. Powers of Commission -STATUTE- (a) Conduct of hearings, etc. The Commission may for the purpose of carrying out this subchapter hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission may deem advisable. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Authorization of action by member or agent When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (c) Receipt of necessary information from other Federal departments or agencies; information furnished upon request by chairman Subject to section 552a of title 5, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this subchapter. Upon request of the chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Authorization to seek and accept donations of funds, property, or services Notwithstanding any other provision of law, the Commission may seek and accept donations of funds, property, or services from individuals, foundations, corporations, and other private entities, and from public entities, for the purpose of carrying out its duties. (e) Use of funds for obtaining additional moneys The Commission may use its funds to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money. (f) Use of mails The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. (g) Purchase, rental, donation, etc., of property, facilities, and services; manner of acquisition; transfers to Department of the Interior upon termination of Commission The Commission may obtain by purchase, rental, donation, or otherwise, such property, facilities, and services as may be needed to carry out its duties. Any acquisition of property by the Commission shall be in accordance with section 410cc-34 of this title: Provided, however, That the Commission may not acquire lands or interests therein pursuant to this subsection by condemnation. Upon the termination of the Commission, all property, personal and real, and unexpended funds shall be transferred to the Department of the Interior. -SOURCE- (Pub. L. 95-290, title III, Sec. 305, June 5, 1978, 92 Stat. 302.) ------DocID 23025 Document 14 of 223------ -CITE- 16 USC CHAPTER 35 -EXPCITE- TITLE 16 CHAPTER 35 -HEAD- CHAPTER 35 - ENDANGERED SPECIES -MISC1- Sec. 1531. Congressional findings and declaration of purposes and policy. (a) Findings. (b) Purposes. (c) Policy. 1532. Definitions. 1533. Determination of endangered species and threatened species. (a) Generally. (b) Basis for determinations. (c) Lists. (d) Protective regulations. (e) Similarity of appearance cases. (f) Recovery plans. (g) Monitoring. (h) Agency guidelines; publication in Federal Register; scope; proposals and amendments: notice and opportunity for comments. (i) Submission to State agency of justification for regulations inconsistent with State agency's comments or petition. 1534. Land acquisition. (a) Implementation of conservation program; authorization of Secretary and Secretary of Agriculture. (b) Availability of funds for acquisition of lands, waters, etc. 1535. Cooperation with States. (a) Generally. (b) Management agreements. (c) Cooperative agreements. (d) Allocation of funds. (e) Review of State programs. (f) Conflicts between Federal and State laws. (g) Transition. (h) Regulations. (i) Appropriations. 1536. Interagency cooperation. (a) Federal agency actions and consultations. (b) Opinion of Secretary. (c) Biological assessment. (d) Limitation on commitment of resources. (e) Endangered Species Committee. (f) Promulgation of regulations; form and contents of exemption application. (g) Application for exemption; report to Committee. (h) Grant of exemption. (i) Review by Secretary of State; violation of international treaty or other international obligation of United States. (j) Exemption for national security reasons. (k) Exemption decision not considered major Federal action; environmental impact statement. (l) Committee order granting exemption; cost of mitigation and enhancement measures; report by applicant to Council on Environmental Quality. (m) Notice requirement for citizen suits not applicable. (n) Judicial review. (o) Exemption as providing exception on taking of endangered species. (p) Exemptions in Presidentially declared disaster areas. 1537. International cooperation. (a) Financial assistance. (b) Encouragement of foreign programs. (c) Personnel. (d) Investigations. 1537a. Convention implementation. (a) Management Authority and Scientific Authority. (b) Management Authority functions. (c) Scientific Authority functions; determinations. (d) Reservations by the United States under Convention. (e) Wildlife preservation in Western Hemisphere. 1538. Prohibited acts. (a) Generally. (b) Species held in captivity or controlled environment. (c) Violation of Convention. (d) Imports and exports. (e) Reports. (f) Designation of ports. (g) Violations. 1539. Exceptions. (a) Permits. (b) Hardship exemptions. (c) Notice and review. (d) Permit and exemption policy. (e) Alaska natives. (f) Pre-Act endangered species parts exemption; application and certification; regulation; validity of sales contract; separability; renewal of exemption; expiration of renewal certification. (g) Burden of proof. (h) Certain antique articles; importation; port designation; application for return of articles. (i) Noncommercial transshipments. (j) Experimental populations. 1540. Penalties and enforcement. (a) Civil penalties. (b) Criminal violations. (c) District court jurisdiction. (d) Rewards and incidental expenses. (e) Enforcement. (f) Regulations. (g) Citizen suits. (h) Coordination with other laws. 1541. Endangered plants. 1542. Authorization of appropriations. (a) In general. (b) Exemptions. (c) Convention implementation. 1543. Construction with Marine Mammal Protection Act of 1972. 1544. Annual cost analysis by Fish and Wildlife Service. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 620, 1362, 1853, 2404, 2407, 2408, 2705, 2902, 2912, 3125, 4202, 4241, 4244, 4401, 4402, 4404 of this title; title 7 sections 136, 2814; title 33 section 2283. ------DocID 23811 Document 15 of 223------ -CITE- 18 USC Sec. 35 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 35. Imparting or conveying false information -STATUTE- (a) Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title shall be subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States. (b) Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title - shall be fined not more than $5,000, or imprisoned not more than five years, or both. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540, and amended Oct. 3, 1961, Pub. L. 87-338, 75 Stat. 751; July 7, 1965, Pub. L. 89-64, 79 Stat. 210.) -MISC1- AMENDMENTS 1965 - Subsec. (a). Pub. L. 89-64 substituted 'subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States' for 'fined not more than $1,000, or imprisoned not more than one year, or both'. 1961 - Pub. L. 87-338 designated existing provisions as subsec. (a), struck out 'willfully' before 'imparts or conveys', and added subsec. (b). ------DocID 24049 Document 16 of 223------ -CITE- 18 USC CHAPTER 35 -EXPCITE- TITLE 18 PART I CHAPTER 35 -HEAD- CHAPTER 35 - ESCAPE AND RESCUE -MISC1- Sec. 751. Prisoners in custody of institution or officer. 752. Instigating or assisting escape. 753. Rescue to prevent execution. 754. Rescue of body of executed offender. 755. Officer permitting escape. 756. Internee of belligerent nation. 757. Prisoners of war or enemy aliens. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 4082 of this title. ------DocID 25123 Document 17 of 223------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 35 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VII -HEAD- Rule 35. Correction of Sentence -STATUTE- (a) Correction of a Sentence on Remand. The court shall correct a sentence that is determined on appeal under 18 U.S.C. 3742 to have been imposed in violation of law, to have been imposed as a result of an incorrect application of the sentencing guidelines, or to be unreasonable, upon remand of the case to the court - (1) for imposition of a sentence in accord with the findings of the court of appeals; or (2) for further sentencing proceedings if, after such proceedings, the court determines that the original sentence was incorrect. (b) Correction of Sentence for Changed Circumstances. The court, on motion of the Government, may within one year after the imposition of a sentence, lower a sentence to reflect a defendant's subsequent, substantial assistance in the investigation or prosecution of another person who has committed an offense, in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code. The court's authority to lower a sentence under this subdivision includes the authority to lower such sentence to a level below that established by statute as a minimum sentence. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 28, 1983, eff. Aug. 1, 1983; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 215(b), 98 Stat. 2015; Apr. 29, 1985, eff. Aug. 1, 1985; Oct. 27, 1986, Pub. L. 99-570, title I, Sec. 1009(a), 100 Stat. 3207-8.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES The first sentence of the rule continues existing law. The second sentence introduces a flexible time limitation on the power of the court to reduce a sentence, in lieu of the present limitation of the term of court. Rule 45(c) abolishes the expiration of a term of court as a time limitation, thereby necessitating the introduction of a specific time limitation as to all proceedings now governed by the term of court as a limitation. The Federal Rules of Civil Procedure (Rule 6(c)) (28 U.S.C., Appendix), abolishes the term of court as a time limitation in respect to civil actions. The two rules together thus do away with the significance of the expiration of a term of court which has largely become an anachronism. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The amendment to the first sentence gives the court power to correct a sentence imposed in an illegal manner within the same time limits as those provided for reducing a sentence. In Hill v. United States, 368 U.S. 424 (1962) the court held that a motion to correct an illegal sentence was not an appropriate way for a defendant to raise the question whether when he appeared for sentencing the court had afforded him an opportunity to make a statement in his own behalf as required by Rule 32(a). The amendment recognizes the distinction between an illegal sentence, which may be corrected at any time, and a sentence imposed in an illegal manner, and provides a limited time for correcting the latter. The second sentence has been amended to increase the time within which the court may act from 60 days to 120 days. The 60-day period is frequently too short to enable the defendant to obtain and file the evidence, information and argument to support a reduction in sentence. Especially where a defendant has been committed to an institution at a distance from the sentencing court, the delays involved in institutional mail inspection procedures and the time required to contact relatives, friends and counsel may result in the 60-day period passing before the court is able to consider the case. The other amendments to the second sentence clarify ambiguities in the timing provisions. In those cases in which the mandate of the court of appeals is issued prior to action by the Supreme Court on the defendant's petition for certiorari, the rule created problems in three situations: (1) If the writ were denied, the last phrase of the rule left obscure the point at which the period began to run because orders of the Supreme Court denying applications for writs are not sent to the district courts. See Johnson v. United States, 235 F.2d 459 (5th Cir. 1956). (2) If the writ were granted but later dismissed as improvidently granted, the rule did not provide any time period for reduction of sentence. (3) If the writ were granted and later the Court affirmed a judgment of the court of appeals which had affirmed the conviction, the rule did not provide any time period for reduction of sentence. The amendment makes it clear that in each of these three situations the 120-period commences to run with the entry of the order or judgment of the Supreme Court. The third sentence has been added to make it clear that the time limitation imposed by Rule 35 upon the reduction of a sentence does not apply to such reduction upon the revocation of probation as authorized by 18 U.S.C. Sec. 3653. NOTES OF ADVISORY COMMITTEE ON RULES - 1979 AMENDMENT Rule 35 is amended in order to make it clear that a judge may, in his discretion, reduce a sentence of incarceration to probation. To the extent that this permits the judge to grant probation to a defendant who has already commenced service of a term of imprisonment, it represents a change in the law. See United States v. Murray, 275 U.S. 347 (1928) (Probation Act construed not to give power to district court to grant probation to convict after beginning of service of sentence, even in the same term of court); Affronti v. United States, 350 U.S. 79 (1955) (Probation Act construed to mean that after a sentence of consecutive terms on multiple counts of an indictment has been imposed and service of sentence for the first such term has commenced, the district court may not suspend sentence and grant probation as to the remaining term or terms). In construing the statute in Murray and Affronti, the Court concluded Congress could not have intended to make the probation provisions applicable during the entire period of incarceration (the only other conceivable interpretation of the statute), for this would result in undue duplication of the three methods of mitigating a sentence - probation, pardon and parole - and would impose upon district judges the added burden of responding to probation applications from prisoners throughout the service of their terms of imprisonment. Those concerns do not apply to the instant provisions, for the reduction may occur only within the time specified in subdivison (b). This change gives 'meaningful effect' to the motion-to-reduce remedy by allowing the court 'to consider all alternatives that were available at the time of imposition of the original sentence.' United States v. Golphin, 362 F.Supp. 698 (W.D.Pa. 1973). Should the reduction to a sentence of probation occur after the defendant has been incarcerated more than six months, this would put into issue the applicability of 18 U.S.C. Sec. 3651, which provides that initially the court 'may impose a sentence in excess of six months and provide that the defendant be confined in a jail-type institution for a period not exceeding six months and that the execution of the remainder of the sentence be suspended and the defendant placed on probation for such period and upon such terms and conditions as the court deems best.' NOTES OF ADVISORY COMMITTEE ON RULES - 1983 AMENDMENT Note to Subdivision (b). There is currently a split of authority on the question of whether a court may reduce a sentence within 120 days after revocation of probation when the sentence was imposed earlier but execution of the sentence had in the interim been suspended in part or in its entirety. Compare United States v. Colvin, 644 F.2d 703 (8th Cir. 1981) (yes); United States v. Johnson, 634 F.2d 94 (3d Cir. 1980) (yes); with United States v. Rice, 671 F.2d 455 (11th Cir. 1982) (no); United States v. Kahane, 527 F.2d 491 (2d Cir. 1975) (no). The Advisory Committee believes that the rule should be clarified in light of this split, and has concluded that as a policy matter the result reached in Johnson is preferable. The Supreme Court declared in Korematsu v. United States, 319 U.S. 432, 435 (1943), that 'the difference to the probationer between imposition of sentence followed by probation . . . and suspension of the imposition of sentence (followed by probation)' is not a meaningful one. When imposition of sentence is suspended entirely at the time a defendant is placed on probation, that defendant has 120 days after revocation of probation and imposition of sentence to petition for leniency. The amendment to subdivision (b) makes it clear that similar treatment is to be afforded probationers for whom execution, rather than imposition, of sentence was originally suspended. The change facilitates the underlying objective of rule 35, which is to 'give every convicted defendant a second round before the sentencing judge, and (afford) the judge an opportunity to reconsider the sentence in the light of any further information about the defendant or the case which may have been presented to him in the interim.' United States v. Ellenbogan, 390 F.2d 537, 543 (2d Cir. 1968). It is only technically correct that a reduction may be sought when a suspended sentence is imposed. As noted in Johnson, supra, at 96: It frequently will be unrealistic for a defendant whose sentence has just been suspended to petition the court for the further relief of a reduction of that suspended sentence. Just as significant, we doubt that sentencing judges would be very receptive to Rule 35 motions proffered at the time the execution of a term of imprisonment is suspended in whole or in part and the defendant given a term of probation. Moreover, the sentencing judge cannot know of events that might occur later and that might bear on what would constitute an appropriate term of imprisonment should the defendant violate his probation. . . . In particular, it is only with the revocation hearing that the judge is in a position to consider whether a sentence originally suspended pending probation should be reduced. The revocation hearing is thus the first point at which an offender can be afforded a realistic opportunity to plead for a light sentence. If the offender is to be provided two chances with the sentencing judge, to be meaningful this second sentence must occur subsequent to the revocation hearing. NOTES OF ADVISORY COMMITTEE ON RULES - 1985 AMENDMENT Note to Subdivision (b). This amendment to Rule 35(b) conforms its language to the nonliteral interpretation which most courts have already placed upon the rule, namely, that it suffices that the defendant's motion was made within the 120 days and that the court determines the motion within a reasonable time thereafter. United States v. DeMier, 671 F.2d 1200 (8th Cir. 1982); United States v. Smith, 650 F.2d 206 (9th Cir. 1981); United States v. Johnson, 634 F.2d 94 (3d Cir. 1980); United States v. Mendoza, 581 F.2d 89 (5th Cir. 1978); United States V. Stollings, 516 F.2d 1287 (4th Cir. 1975). Despite these decisions, a change in the language is deemed desirable to remove any doubt which might arise from dictum in some cases, e.g., United States v. Addonizio, 442 U.S. 178, 189 (1979), that Rule 35 only 'authorizes District Courts to reduce a sentence within 120 days' and that this time period 'is jurisdictional, and may not be extended.' See United States v. Kajevic, 711 F.2d 767 (7th Cir. 1983), following the Addonizio dictum. As for the 'reasonable time' limitation, reasonableness in this context 'must be evaluated in light of the policies supporting the time limitations and the reasons for the delay in each case.' United States v. Smith, supra, at 209. The time runs 'at least for so long as the judge reasonably needs time to consider and act upon the motion.' United States v. Stollings, supra, at 1288. In some instances the court may decide to reduce a sentence even though no motion seeking such action is before the court. When that is the case, the amendment makes clear, the reduction must actually occur within the time specified. This amendment does not preclude the filing of a motion by a defendant for further reduction of sentence after the court has reduced a sentence on its own motion, if filed within the 120 days specified in this rule. 1986 AMENDMENT Subd. (b). Pub. L. 99-570 substituted 'in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code. The court's authority to lower a sentence under this subdivision includes the authority to lower such sentence to a level below that established by statute as a minimum sentence' for 'to the extent that such assistance is a factor in applicable guidelines or policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)'. 1984 AMENDMENT Pub. L. 98-473 amended Rule 35 generally. Prior to amendment, rule read as follows: 'Rule 35. Correction or Reduction of Sentence '(a) Correction of Sentence. The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence. '(b) Reduction of Sentence. A motion to reduce a sentence may be made, or the court may reduce a sentence without motion, within 120 days after the sentence is imposed or probation is revoked, or within 120 days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal, or within 120 days after entry of any order or judgment of the Supreme Court denying review of, or having the effect of upholding, a judgment of conviction or probation revocation. The court shall determine the motion within a reasonable time. Changing a sentence from a sentence of incarceration to a grant of probation shall constitute a permissible reduction of sentence under this subdivision.' EFFECTIVE DATE OF 1986 AMENDMENT Section 1009(b) of Pub. L. 99-570 provided that: 'The amendment made by this section (amending this rule) shall take effect on the date of the taking effect of rule 35(b) of the Federal Rules of Criminal Procedure, as amended by section 215(b) of the Comprehensive Crime Control Act of 1984 (section 215(b) of Pub. L. 98-473, effective Nov. 1, 1987).' EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENTS Section 2 of the Order of the Supreme Court dated Apr. 29, 1985, provided: 'That the foregoing amendments to the Federal Rules of Criminal Procedure (amending Rules 6, 11, 12.1, 12.2, 35, 45, 49, and 57) shall take effect on August 1, 1985 and shall govern all proceedings in criminal cases thereafter commenced and, insofar as just and practicable, all proceedings in criminal cases then pending. The amendment to Rule 35(b) shall be effective until November 1, 1986, when Section 215(b) of the Comprehensive Crime Control Act of 1984, Pub. L. 98-473, approved October 12, 1984, 98 Stat. 2015, goes into effect.' See section 22 of Pub. L. 100-182, set out below, for application of Rule 35(b) to conduct occurring before effective date of sentencing guidelines. Section 235(a)(1) of Pub. L. 98-473, which originally provided for an effective date of Nov. 1, 1986 for the amendment to Rule 35 by section 215(b) of Pub. L. 98-473, was later amended to provide for an effective date of Nov. 1, 1987, with applicability only to offenses committed after the taking effect of such amendment. See Effective Date note set out under section 3551 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title. APPLICATION OF RULE 35(B) TO CONDUCT OCCURRING BEFORE EFFECTIVE DATE OF SENTENCING GUIDELINES Pub. L. 100-182, Sec. 22, Dec. 7, 1987, 101 Stat. 1271, provided that: 'The amendment to rule 35(b) of the Federal Rules of Criminal Procedure made by the order of the Supreme Court on April 29, 1985, shall apply with respect to all offenses committed before the taking effect of section 215(b) of the Comprehensive Crime Control Act of 1984 (section 215(b) of Pub. L. 98-473, effective Nov. 1, 1987).' AUTHORITY TO LOWER A SENTENCE BELOW STATUTORY MINIMUM FOR OLD OFFENSES Subd. (b) of this rule as amended by section 215(b) of Pub. L. 98-473 and subd. (b) of this rule as in effect before the taking effect of the initial set of guidelines promulgated by the United States Sentencing Commission pursuant to chapter 58 (Sec. 991 et seq.) of Title 28, Judiciary and Judicial Procedure, applicable in the case of an offense committed before the taking effect of such guidelines notwithstanding section 235 of Pub. L. 98-473, see section 24 of Pub. L. 100-182, set out as a note under section 3553 of this title. -CROSS- CROSS REFERENCES Enlargement of time not permitted for motion under this rule, see rule 45. Expiration of term of court affecting power to act, see rule 45. Presence of defendant, necessity of, see rule 43. Remedies on motion attacking sentence while in Federal custody, see section 2255 of Title 28, Judiciary and Judicial Procedure. ------DocID 25172 Document 18 of 223------ -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 26087 Document 19 of 223------ -CITE- 20 USC Sec. 35 to 35n -EXPCITE- TITLE 20 CHAPTER 2 -HEAD- Sec. 35 to 35n. Omitted -COD- CODIFICATION Sections 35, 35 note, and 35a to 35n, which were enacted by Part A of Pub. L. 88-210, Sec. 1-10, 12-17, Dec. 18, 1963, 77 Stat. 403 to 415, to be known as the 'Vocational Education Act of 1963' were omitted in the general reorganization of Pub. L. 88-210 by Pub. L. 90-576, title I, Sec. 101, Oct. 16, 1968, 82 Stat. 1064, which redesignated such Part A as title I of Pub. L. 88-210 and, as so redesignated, completely reorganized such title I and authorized its citation as the 'Vocational Education Act of 1963'. Such act, as redesignated and reorganized, was classified to section 1241 et seq. of this title. Section 35, Pub. L. 88-210, Sec. 1, Dec. 18, 1963, 77 Stat. 403, set out declaration of policy as to sections 35 to 35n of this title. Section 35 note, Pub. L. 88-210, Sec. 17, Dec. 18, 1963, 77 Stat. 415, named sections 1-17 of Pub. L. 88-210 the 'Vocational Education Act of 1963'. See Short Title note set out under section 2301 of this title. Section 35a, Pub. L. 88-210, Sec. 2, Dec. 18, 1963, 77 Stat. 403, authorized annual appropriations. Section 35b, Pub. L. 88-210, Sec. 3, Dec. 18, 1963, 77 Stat. 403, covered determination of allotment to be made to each State of sums appropriated under section 35a of this title. Section 35c, Pub. L. 88-210, Sec. 4, Dec. 18, 1963, 77 Stat. 405, set out allowable uses for allotments. Section 35d, Pub. L. 88-210, Sec. 5, Dec. 18, 1963, 77 Stat. 405, set out requisite elements of State plan and covered the designation of State board and State advisory council, policy and procedure for allocation of allotment, qualifications of persons under the plan, arrangements with public employment offices, accounting and fiscal control, labor standards, and reports. Section 35e, Pub. L. 88-210, Sec. 6, Dec. 18, 1963, 77 Stat. 407, set conditions for payments to States. Section 35f, Pub. L. 88-210, Sec. 7, Dec. 18, 1963, 77 Stat. 408, provided for application of labor standards under the Davis-Bacon Act (40 U.S.C. 276a to 276a-5) to construction projects assisted under sections 35 to 35n of this title. Section 35g, Pub. L. 88-210, Sec. 8, Dec. 18, 1963, 77 Stat. 408, defined terms used in sections 35 to 35n of this title. Section 35h, Pub. L. 88-210, Sec. 9, Dec. 18, 1963, 77 Stat. 410, established Advisory Committee on Vocational Education. Section 35i, Pub. L. 88-210, Sec. 10, Dec. 18, 1963, 77 Stat. 410, covered uses of allotments obtained under other statutes. Section 35j, Pub. L. 88-210, Sec. 12, Dec. 18, 1963, 77 Stat. 411, established Advisory Council on Vocational Education. Section 35k, Pub. L. 88-210, Sec. 13, Dec. 18, 1963, 77 Stat. 412, provided for creation and funding of work-study programs. Section 35l, Pub. L. 88-210, Sec. 14, Dec. 18, 1963, 77 Stat. 414, authorized grants for residential vocational education schools. Section 35m, Pub. L. 88-210, Sec. 15, Dec. 18, 1963, 77 Stat. 415, authorized appropriations for work-study and residential schools. Section 35n, Pub. L. 88-210, Sec. 16, Dec. 18, 1963, 77 Stat. 415, prohibited statutory construction authorizing Federal direction, supervision, or controls of programs under sections 35 to 35n of this title. ------DocID 26716 Document 20 of 223------ -CITE- 20 USC Sec. 1070d-35 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-35. Agreements -STATUTE- The Secretary shall enter into an agreement with each State desiring to participate in the scholarship program authorized by this subpart. Each such agreement shall include provisions designed to assure that - (1) the State educational agency will administer the scholarship program authorized by this subpart in the State; (2) the State educational agency will comply with the eligibility and selection provisions of this subpart; (3) the State educational agency will conduct outreach activities to publicize the availability of scholarships under this subpart to all eligible students in the State, with particular emphasis on activities designed to assure that students from low-income and moderate-income families have access to the information on the opportunity for full participation in the scholarship program authorized by this subpart; (4) the State educational agency will pay to each individual in the State who is awarded a scholarship under this subpart $1,500 at an awards ceremony in accordance with section 1070d-39 of this title; and (5) the State educational agency will use the amount of the allocation described in paragraph (2) of section 1070d-34 of this title for administrative expenses, including the conduct of the awards ceremony required by section 1070d-39 of this title. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419E, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344.) -MISC1- PRIOR PROVISIONS A prior section 1070d-35, Pub. L. 89-329, title IV, Sec. 419E, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2901, and amended Pub. L. 99-145, title XVI, Sec. 1627(c), Nov. 8, 1985, 99 Stat. 779, related to agreements with States for participation in the Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99-498. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1070d-34 of this title. ------DocID 27218 Document 21 of 223------ -CITE- 20 USC CHAPTER 35 -EXPCITE- TITLE 20 CHAPTER 35 -HEAD- CHAPTER 35 - ENVIRONMENTAL EDUCATION -COD- CODIFICATION The Environmental Education Act, which comprised this chapter, contained appropriation authorizations for fiscal years 1971 to 1977. The Act was superseded by Part H of title III of Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2217, known as the Environmental Education Act of 1978, which is classified to section 3011 et seq. of this title. ------DocID 29031 Document 22 of 223------ -CITE- 22 USC Sec. 277d-35 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-35. Construction, operation, and maintenance of works; property relocation, contracts; transfer of authority -STATUTE- The Commissioner is authorized - (1) to construct, operate, and maintain all works provided for in the treaty and title I of this Act; (2) to enter into contracts with the owners of properties to be relocated whereby such owners undertake to perform, at the expense of the United States, any or all operations involved in such relocations; and (3) to turn over the operation and maintenance of any works referred to in paragraph (1) of this section to any Federal agency, or any State, county, municipality, district, or other political subdivision within which such works may be situated, in whole or in part, upon such terms, conditions, and requirements as the Commissioner may deem appropriate. -SOURCE- (Pub. L. 92-549, title I, Sec. 102, Oct. 25, 1972, 86 Stat. 1161.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 92-549, Oct. 25, 1972, 86 Stat. 1161, known as the 'American-Mexican Boundary Treaty Act of 1972'. Title I of this Act enacted sections 277d-34 to 277d-40 of this title and amended section 1322 of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 277d-34 of this title and Tables. ------DocID 30421 Document 23 of 223------ -CITE- 22 USC CHAPTER 35 -EXPCITE- TITLE 22 CHAPTER 35 -HEAD- CHAPTER 35 - ARMS CONTROL AND DISARMAMENT -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 2551. Congressional statement of purpose. 2552. Definitions. SUBCHAPTER II - ORGANIZATION 2561. United States Arms Control and Disarmament Agency. 2562. Director of Agency; appointment; powers and duties. 2563. Deputy Director of Agency; appointment; powers and duties. 2564. Assistant Directors of Agency; number; appointment; powers and duties. 2565. Bureaus, offices and divisions of Agency. 2566. General Advisory Committee; number; appointment; compensation and expenses; powers and duties; Chairman; meetings. 2567. Special Representatives for Arms Control and Disarmament Negotiations; appointment; powers and duties. 2568. Program for visiting scholars. SUBCHAPTER III - FUNCTIONS 2571. Research, development and other studies. (a) Control, reduction and elimination of armed forces and armaments. (b) Weapon detection and identification tests. (c) Analysis of national budgets and economic indicators. (d) Space, earth's surface and underwater regions. (e) Structure and operation of international control. (f) Training of control system personnel. (g) Danger of war from accident, miscalculation, or surprise attack. (h) Economic and political consequences of disarmament. (i) Disarmament implications of foreign and national security policies of United States. (j) National security and foreign policy implications of disarmament. (k) Methods for maintenance of peace and security during stages of disarmament. (l) War prevention factors. (m) Other related problems. 2572. Patents; availability to general public; protection of background rights. 2573. Policy formulation. 2574. Negotiations and related functions. (a) Consultation with the representatives of the United States and other nations. (b) Official policy on arms control to United States Information Agency for dissemination. (c) Plans for inspection and control system. 2575. Coordination of Government agencies and resolution of policy differences. 2576. Arms control impact information and analysis. (a) Access by Director to detailed information of Government agencies preparing legislative or budgetary proposals; nature of proposals; applicable procedures.