I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 03:38:10. Database: USCODE Search: (38:CITE) ------DocID 42679 Document 1 of 965------ -CITE- 38 USC TITLE 38 -EXPCITE- TITLE 38 -HEAD- TITLE 38 - VETERANS' BENEFITS -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 85-857, SEC. 1, SEPT. 2, 1958, 72 STAT. 1105 Part Sec. I. General Provisions 101 II. General Benefits 301 III. Readjustment and Related Benefits 1401 IV. General Administrative Provisions 3001 V. Boards and Departments 4001 VI. Acquisition and Disposition of Property 5001 AMENDMENTS 1986 - Pub. L. 99-576, title VII, Sec. 702(18), Oct. 28, 1986, 100 Stat. 3302, substituted '1401' for '1501' in item relating to part III. Table Showing Disposition of All Sections of Former Title 38 --------------------------------------------------------------------- Title 38 Former Sections Title 38 New Sections --------------------------------------------------------------------- 1-3 Rep. 4 (See former 11e) 5 to 11a-3 Rep. 11b to 11c-1 Rep. 11d, 11d-1 Rep. 11e to 11l Rep. 12, 12a Rep. 13-13g Rep. 14-14e Rep. 15-15n Rep. 16-16j Rep. 17-17j Rep. 21 Rep. 23-26c Rep. 27-32a Rep. 33-39a Rep. 41-49a Rep. 50-61 Rep. 71-72a Rep. 73-77 Rep. 91-97 Rep. 101-104 Rep. 111-116 Rep. 121-125 Rep. 126 T. 18 Sec. 289 127-129 Rep. 130 T. 18 Sec. 290 131-134 Rep. 151-155a Rep. 156-168b Rep. 169-179 Rep. 191-206 Rep. 221-230 Rep. 231 (See former 179) 232 Rep. 238-238e Rep. 241-252e Rep. 253, 254 Rep. 261, 262 Rep. 264-277 Rep. 281-285 Rep. 286 (See former 325a) 287-291b Rep. 291c (See former 326b) 291d-294 Rep. 311, 311a Rep. 312-314 Rep. 321-321c Rep. 322-324a Rep. 325, 325a Rep. 326-326c Rep. 327-332 Rep. 341 (See former 33) 341a (See former 274) 341b (See former 275) 341c (See former 291b) 341d (See former 321c) 341e (See former 326c) 341f Rep. 351, 351a Rep. 352-357b Rep. 358 to 364q-1 Rep. 364h, 364j Rep. 365 to 365b-1 Rep. 365c-365h Rep. 366-370l Rep. 371-374a Rep. 375-379 Rep. 381 to 381-2 Rep. 381a-381f Rep. 391-394 Rep. 421-423 Rep. 424 753 424a-438m Rep. 439-441 Rep. 442 756 443 755 444 Rep. 445 784(a)-(h) 445a Rep. 445b 784(i) 445c Rep. 445d 784(b), (h) 446 Rep. 447 754 448-452 Rep. 453 3102 454, 454a Rep. 455-459f Rep. 460 Rep. 461 Elim. 462 (See former 557) 471 to 471a-5 Rep. 472 to 472b-1 Rep. 472c-472e Rep. 473, 473a Rep. 474-483a Rep. 484-488a Rep. 489 to 501a-1 Rep. 501b-505a Rep. 506-507b Rep. 508 Rep. 509, 509a Rep. 510 Rep. 511 741, 743, 757(a), 782 511a Rep. 512 742, 743, 744(a), (b), 745, 749- 752 512a Rep. 512b 748 512b-1 744(c) 512c 758 512d 757(c) 513 757(b) 514 Rep. 515 759(a) 516-516b Rep. 517 760 518 747 531-539 Rep. 551-555a Rep. 556, 556a Rep. 557 Rep. 571-576 Rep. 581-582c Rep. 583 Rep. 591, 592 Rep. 601-603 Rep. 611-613a Rep. 614-618e Rep. 619-623 Rep. 631, 632 Rep. 641-647a Rep. 648-650 Rep. 661-670 Rep. 681-683 Rep. 686-686c Rep. 687-687c Rep. 688-688b Rep. 691-691g Rep. 693-693g Rep. 693h T10 Sec. 1553 693i T10 Sec. 1554 694(a) 1801(a), 1802(a), (b), 1803(a)(1), (b) 694(b) 1803(b)-(d) 694(c) 1802(c) 694(d) 1802(d), (f) 694(e) 1802(d) 694(f) 1802(e) 694(g) 1803(a)(2) 694a 1810 694b 1812 694c 1813 694c-1 1822 694d 212(a), 1804(a)-(c) 694e T. 7 Sec. 1001(b)(2) 694f Rep. 694g 1816, 1817 694h 1814 694i 1815 694j 1820(a)-(c) 694k 1821 694l 1810(a), (b), 1811(a)-(j) 694m 1811(k), 1823 694n 1804(d) 694o, 694p Rep. 695 2010 695a 2011 695b 2012 695c 2013 695d Rep. 695e 2014 695f Rep. 696 to 696f-1 Rep. 696g-696m Rep. 697(a) Rep. 697(b) 616 697a, 697b Rep. 697c 101(2) 697d, 697e Rep. 697f 109(b) 697g 1510, 1824 700, 701 Rep. 701a 1502(a), (c)(2), (3), (d) 702-703c Rep. 704, 704a Rep. 705-706c Rep. 707-715a Rep. 716-729b Rep. 730-750 Rep. Vet. Reg. No. 1(a), Pts. I-VI, Rep. VIII, IX Pt. VII 217, 351, 1501-1508, 3013, 3107(c) Vet. Reg. Nos. 2-12 Rep. 801(a) Rep. 801(b) 101 801(c) Rep. 801(d)-(f) 701 802(a) 703 802(b), (c)(1) Rep. 802(c)(2) 719(b) 802(d) Rep. 802(e) 702 802(f) 704-707 802(g) 701(3), 716(b), 717(a) 802(h) 716(a), (b) 802(i) 716(d) 802(j), (k) 716(e) 802(l) 716(f) 802(m)(1) 708 802(m)(2) Rep. 802(n) 712 802(o) Rep. 802(p) 709 802(q) 703 802(r) 713 802(s) Rep. 802(t) 717(b), (c) 802(u) 717(d) 802(v)(1) 715, 719(b) 802(v)(2) 721(d) 802(w) 710 802(x) 783 802(y) Rep. 802(z) 714 803 703, 741 804 719(a) 805 720 805a 786 806 782 807 721(a)-(c) 808 210-212, 785 809 3102 810 108 811 Rep. 812 711 813 787(b) 814 3502(b) 815 787(a) 816 718 817 784(a)-(h) 818-820 Rep. 821 722(a) 822 723(a), (c) 823 724 824 781 851-858 Rep. 901 1601(c) 911 1601(a) 916 1610 917 1612 918 1613 919 1611 926 1620 927 1621 928 1622 929 1623(a), (b) 930 1624 931 1623(c) 932 1625 933 1626 941 1631 942 1632 943 1633 944 1634 951 1641 952 1642 953 1643 954 1644 955 1645 961 1651 962 1652 963 1653 964 1654 965 1655 966 1656 971(a) 1661(a) 971(b) 213 971(c) 111, 1661(b) 972 1662(a) 973 1663 974 1664 975 1665 975a Rep. 976 1666 977 1667 978 1668 979-981 Rep. 982 1669 983, 984 Rep. 991 2001 992 2002 993 2003 994 2004 995 2005 996 2006 997 2007 998 2008 999 2009 1011 2101 1012 2102 1013 2104 1014 2103 1015 2105 1016 Rep. 1031 1701(d) 1032 1701(a)-(c) 1033(a) 1761(a) 1033(b) 213 1033(c) 111, 1761(b) 1033(d) 1662(b) 1033(e) 1761(c) 1033(f) 1761(d) 1034 1762 1035 1763 1036 1764 1037 1765 1038 1766 1039 1767 1040 1768 1041-1045 Rep. 1051 1710 1052 1711 1053 1712 1054 1713 1055 1714 1061 1720 1062 1721 1063 1722 1064 1723 1065 1724 1066 1725 1067 1726 1068 1731 1069 1732 1070 1733 1071 1734 1072 1735 1073 1736 1074 1737 1081 1740 1082 1741 1083 1742 1084 1743 1101(1) 101(1) 1101(2)(A)-(C) Rep. 1101(2)(D) 403 1101(2)(E) Rep. 1101(3) 101(27) 1101(4) 101(21) 1101(5) 101(22) 101(6)(A) 101(23) 1101(6)(B) 106(d) 1101(6)(C) 101(22), (23) 1101(7) 101(4), (5) 1101(8) 101(3), 404 1101(9) 101(25) 1101(10)(A) 401(1) 1101(10)(B) 403 1101(11)(A) 402(a) 1101(11)(B) 402(b) 1101(11)(C) 402(c)(2) 1101(11)(D) 421(b) 1101(11)(E) 402(c)(1) 1101(11)(F) 421(a) 1101(12) 106(c) 1102 3005 1103(a) 412 1103(b)-(d) 422 1111 410(a) 1112 411 1113 413 1114 414 1115 415 1116 416 1117 410(a) 1118 417(b) 1119(a), (b) Rep. 1119(c) 410(b) 1119(d) 3104(b)(2) 1119(e) 101(3) 1120 Rep. 1131, 1132 Rep. 1133(a) Rep. 1133(b) 423 1133(c)-(e) Rep. 1134 Rep. 2101(1)-(9) 101(1)-(9) 2101(10) 501(1) 2101(11) Rep. 2101(12)-(18) 101(11)-(17) 2102 102(a) 2103 103(a), (b) 2104 104 2105 105 2106 101(18) 2107 102(b) 2121 111 2122 108 2123 3303 2124(a) 101(21)(D) 2124(b) 106(a) 2125 107 2126 3109 2127 109(a) 2128 110 2141-2150 Rep. 2201 201 2202 202 2210 210 2211 211, 785 2212 212 2213 214 2214 215 2215 216 2216 3304 2230 230 2231 231 2232 232 2233 233 2234 234 2235 Rep. 2301 301 2302 302 2310 310 2311 106(b) 2312 311 2313 312 2314 313 2315 314 2316 315 2321 321 2322 322 2331 331 2332 106(b) 2333 332 2334 333 2335 334 2336 335 2337 336 2341 341 2342 342 2343 343 2351 351 2352 352 2353 353 2354 354 2355 355 2356 356 2357 357 2358 358 2401 501 2402 502 2403 503 2404 504 2405 505 2410 510 2411 511 2412 512 2421 521 2422 522 2423 523 2431 531 2432(a)-(d) 532 2432(e) 501(3) 2433 533 2434 534 2435 535 2436 536 2437 537 2441 541 2442 542 2443 543 2444 544 2445 545 2460 560 2461 561 2462 562 2501 601 2502 602 2510 610 2511 611 2512 612 2513 613 2514 614 2515 615 2521 621 2522 622 2523 623 2524 624 2525 625 2526 626 2527 627 2531 631 2532 632 2533 633 2534 634 2601 801 2602 802 2603 803 2604 804 2605 805 2701 1901 2702 1902 2703 1903 2704(a) 1904 2704(b) Rep. 2705 1905 2801 901 2802 902 2803 903 2804 904 2805 905 2901 3001 2902 3002 2903 3003 2904 3004 2910 3010 2911 3011 2912 3012 2920 3020 2921 3021 2922 3022 3001 753, 3101 3002 3102 3003 3103 3004 3104 3005 3105 3006 3106 3007 3107(a), (b) 3008 3108 3101 3501 3102 3502 3103 3503 3104 3504 3201 3301 3202 3302 3211 3311 3212 3312 3213 3313 3301 4001 3302 4002 3303 4003 3304 4004 3305 4005 3306 4006 3307 4007 3308 4008 3401 4101 3402 4102 3403 4103 3404 4104 3405 4105 3406 4106 3407 4107 3408 4108 3409 4109 3410 4110 3411 4111 3412 4112 3413(a) 4113 3413(b), (c) Rep. 3414 4114 3415 4115 3501 3201 3502 3202 3503 3203 3504 3204 3601 3401 3602 3402 3603 3403 3604 3404 3605 3405 3701 5001 3702 5002 3703 5003 3704 5004 3705 5005 3711 5011 3712 5012 3713 5013 3714 5006 3715 5014 3716 213 3801 5101 3802 5102 3803 5103 3804 5104 3805 5105 3901 5201 3902 5202 3903 5203 3904 5204 3905 5205 3906 5206 3907 5207 3908 5208 3909 5209 3910 5210 3920 5220 3921 5221 3922 5222 3923 5223 3924 5224 3925 5225 3926 5226 3927 5227 3928 5228 4001 4201 4002 4202 4003 4203 4004 4204 4005 4205 4006 4206 4007 4207 4008 4208 ------------------------------- ENACTING CLAUSE Pub. L. 85-857, Sec. 1, Sept. 2, 1958, 72 Stat. 1105, provided in part: 'That the laws relating to veterans' benefits are revised, codified, and enacted as title 38, United States Code, 'Veterans' Benefits' '. EFFECTIVE DATE Pub. L. 85-857, Sec. 2, Sept. 2, 1958, 72 Stat. 1262, provided that: 'Except as otherwise provided in this Act, this Act shall take effect on January 1, 1959.' OFFENSES COMMITTED UNDER REPEALED LAWS Pub. L. 85-857, Sec. 3, Sept. 2, 1958, 72 Stat. 1262, provided that: '(a) All offenses committed and all penalties and forfeitures incurred under any of the provisions of law amended or repealed by this Act or the Veterans' Benefits Act of 1957 may be prosecuted and punished in the same manner and with the same effect as if such Acts had not been enacted. '(b) Forfeitures of benefits under laws administered by the Veterans' Administration occurring before January 1959 shall continue to be effective.' CONTINUATION OF AUTHORITY UNDER ACT OF JULY 3, 1930 Pub. L. 85-857, Sec. 4, Sept. 2, 1958, 72 Stat. 1262, provided that: 'All functions, powers, and duties conferred upon and vested in the President and the Administrator by the Act of July 3, 1930 (46 Stat. 1016) and which were in effect on December 31, 1957, are continued in effect.' -CROSS- CROSS REFERENCES Pub. L. 85-857, Sec. 5, Sept. 2, 1958, 72 Stat. 1262, provided that: '(a) References in other laws to any provision of law replaced by title 38, United States Code, shall, where applicable, be deemed to refer also to the corresponding provision of title 38, United States Code. '(b) References in title 38, United States Code, to any provision of title 38, United States Code, shall, where applicable, be deemed to refer also to the prior corresponding provisions of law. '(c) Amendments effective after August 18, 1958, made to any provision of law replaced by title 38, United States Code, shall, notwithstanding the repeal of such provision by section 14 of this Act, supersede the corresponding provisions of title 38, United States Code, to the extent that such amendments are inconsistent therewith.' -MISC7- CONTINUING AVAILABILITY OF APPROPRIATIONS Pub. L. 85-857, Sec. 6, Sept. 2, 1958, 72 Stat. 1263, provided that: '(a) Amounts heretofore appropriated to carry out the purposes of any provision of law repealed by this Act, and available on December 31, 1958, shall be available to carry out the purposes of the corresponding provisions of title 38, United States Code. '(b) The availability and use of appropriations made for the purposes of the Act of July 1, 1948 (62 Stat. 1210; 50 App. U.S.C. 1991-1996) shall not be affected by the repeal of such Act.' OUTSTANDING RULES, REGULATIONS, AND ORDERS Pub. L. 85-857, Sec. 7, Sept. 2, 1958, 72 Stat. 1263, provided that: 'All rules, regulations, orders, permits, and other privileges issued or granted by the Administrator of Veterans' Affairs before December 31, 1958, and in effect on such date (or scheduled to take effect after such date) shall remain in full force and effect until modified, suspended, overruled, or otherwise changed by the Administrator.' PUBLICATION Pub. L. 85-857, Sec. 8, Sept. 2, 1958, 72 Stat. 1263, provided that: 'This Act shall be printed in slip-law form with a table of contents and a comprehensive index and tables furnished by the Committee on Veterans' Affairs of the House of Representatives; however, such table of contents, comprehensive index and tables shall not be printed in the United States Statutes at Large.' PENDING CLAIMS Pub. L. 85-857, Sec. 9, Sept. 2, 1958, 72 Stat. 1263, provided that: 'A claim for benefits which is pending in the Veterans' Administration on January 1, 1959, or filed thereafter, shall be adjudicated under the laws in effect on December 31, 1958, with respect to the period before January 1, 1959, and, except as provided in section 10, under title 38, United States Code, thereafter.' PERSONS RECEIVING BENEFITS ON DECEMBER 31, 1958 Pub. L. 85-857, Sec. 10, Sept. 2, 1958, 72 Stat. 1263, provided that: 'Any individual receiving benefits as a veteran, or as the widow, child, or parent of a veteran, under public laws administered by the Veterans' Administration on December 31, 1958, shall, as long as entitlement under such laws continues, receive benefits under the corresponding provisions of title 38, United States Code, thereafter, or benefits at the rate payable under such public laws, whichever will result in the greater benefit being paid to the individual. The provisions of this section shall apply to those claims within the purview of section 9 in which it is determined that benefits are payable for December 31, 1958.' PERSONS ENTITLED TO EMERGENCY OFFICERS' RETIREMENT PAY ON DECEMBER 31, 1958, OR WHO FAILED TO SUBMIT APPLICATIONS PRIOR TO MAY 25, 1929 Pub. L. 85-857, Sec. 11, Sept. 2, 1958, 72 Stat. 1263, as amended by Pub. L. 87-875, Oct. 24, 1962, 76 Stat. 1198, provided that: '(a) Any person who was receiving, or entitled to receive, emergency officers' retirement pay, or other privileges or benefits as a retired emergency officer of World War I, on December 31, 1958, under the laws in effect on that day, shall, except where there was fraud, clear and unmistakable error as to conclusion of fact or law, or misrepresentation of material facts, continue, to receive, or be entitle to receive, emergency officers' retirement pay at the rate otherwise payable on December 31, 1958, and such other privileges and benefits, so long as the conditions warranting such pay, privileges, and benefits under those laws continue. '(b) Any individual who, upon application therefor before May 25, 1929, would have been granted emergency officer's retirement pay based upon 30 per centum or more disability under the Act of May 24, 1928 (45 Stat. 735), and who would have been entitled to continue to receive such pay under section 10 of Public Numbered 2, Seventy-third Congress, or under section 1 of Public Numbered 743, Seventy-sixth Congress, and who upon being placed on the emergency officers' retired list would have been paid retired pay at a monthly rate lower than the monthly rate of disability compensation then payable, shall, upon application made therefor after the date of enactment of this subparagraph (Oct. 24, 1962) to the Administrator of Veterans' Affairs, be placed upon the appropriate emergency officers' retired list, and thereafter shall be entitled to all rights, privileges, and benefits of retired emergency officers of World War I.' CONTINUATION OF CERTAIN RIGHTS AND BENEFITS Pub. L. 85-857, Sec. 12, Sept. 2, 1958, 72 Stat. 1264, as amended by Pub. L. 89-50, Sec. 1(c), June 24, 1965, 79 Stat. 173; Pub. L. 91-24, Sec. 14(a), June 11, 1969, 83 Stat. 35, provided that: '(a) (Repealed by Pub. L. 91-24, effective June 11, 1969, except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder. Prior to such repeal, subsec. (a) read as follows: 'The repeal of part VIII, and paragraphs 10 and 11 of part VII, of Veterans Regulation Numbered 1(a), sections 3 and 4 of Public Law 16, Seventy-eighth Congress, and section 1507 of the Servicemen's Readjustment Act of 1944, shall not apply in the case of any veteran (1) who enlisted or reenlisted in a regular component of the Armed Forces after October 6, 1945, and before October 7, 1946, or (2) whose discharge or dismissal is changed, corrected, or modified before February 1, 1965, pursuant to section 1552 or 1553 of title 10, United States Code, or by other corrective action by competent authority.') '(b) Nothing in this Act or any amendment or repeal made by it, shall affect any right, liability, penalty, authorization or requirement pertaining to World War adjusted compensation authorized or prescribed under the provisions of the World War Adjusted Compensation Act, or the Adjusted Compensation Payment Act, 1936, or any related Act, which was in effect on December 31, 1958. '(c) (Repealed by Pub. 89-50, effective July 1, 1966. Prior to such repeal, subsec. (c) read as follows: 'Nothing in this Act, or any amendment or repeal made by it, shall deprive any person of benefits under the Mustering-Out Payment Act of 1944 to which he would have been entitled if this Act had not been enacted.') '(d) Nothing in this Act, or any amendment or repeal made by it, shall affect any right of any person based on a contract entered into before the effective date of this Act, or affect the manner in which such right could have been enforced or obtained but for this Act, or such amendment or repeal. '(e) Chapter 37 of title 38, United States Code, is a continuation and restatement of the provisions of title III of the Servicemen's Readjustment Act of 1944, and may be considered to be an amendment to such title III.' -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 5 section 8347; title 7 section 2012; title 10 sections 687, 1408, 1450, 1451, 3686, 8686; title 20 section 1070e-1; title 26 section 6103; title 29 section 1721; title 42 sections 410, 424a, 10008. PART I - GENERAL PROVISIONS Chap. Sec. 1. General 101 3. Veterans' Administration; Officers and Employees 201 PART II - GENERAL BENEFITS 11. Compensation for Service-Connected Disability or Death 301 13. Dependency and Indemnity Compensation for Service-Connected Deaths 401 15. Pension for Non-Service-Connected Disability or Death or for Service 501 17. Hospital, Nursing Home, Domiciliary, and Medical Care 601 19. Insurance 701 21. Specially Adapted Housing for Disabled Veterans 801 23. Burial Benefits 901 24. National Cemeteries and Memorials 1000 PART III - READJUSTMENT AND RELATED BENEFITS 30. All-Volunteer Force Educational Assistance Program 1401 31. Training and Rehabilitation for Veterans with Service-Connected Disabilities 1500 32. Post-Vietnam Era Veterans' Educational Assistance 1601 (33. Repealed.) 34. Veterans' Educational Assistance 1651 35. Survivors' and Dependents' Educational Assistance 1700 36. Administration of Educational Benefits 1770 37. Housing and Small Business Loans 1801 39. Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces 1901 41. Job Counseling, Training, and Placement Service for Veterans 2000 42. Employment and Training of Disabled and Vietnam Era Veterans 2011 43. Veterans' Reemployment Rights 2021 PART IV - GENERAL ADMINISTRATIVE PROVISIONS 51. Claims, Effective Dates, and Payments 3001 53. Special Provisions Relating to Benefits 3101 55. Minors, Incompetents, and Other Wards 3201 57. Records and Investigations 3301 59. Agents and Attorneys 3401 61. Penal and Forfeiture Provisions 3501 PART V - BOARDS AND DEPARTMENTS 71. Board of Veterans' Appeals 4001 72. Court of Veterans Appeals (FOOTNOTE 1) 4051 (FOOTNOTE 1) So in original. Does not conform to chapter heading. 73. Department of Medicine and Surgery 4101 75. Veterans' Canteen Service 4201 76. Health Professionals Educational Assistance Program 4301 -MISC8- PART VI - ACQUISITION AND DISPOSITION OF PROPERTY 81. Acquisition and Operation of Hospital and Domiciliary Facilities; Procurement and Supply 5001 82. Assistance in Establishing New State Medical Schools; Grants to Affiliated Medical Schools; Assistance to Health Manpower Training Institutions 5070 83. Acceptance of Gifts and Bequests 5101 85. Disposition of Deceased Veterans' Personal Property 5201 AMENDMENTS 1988 - Pub. L. 100-687, div. A, title I, Sec. 103(c)(1), title III, Sec. 301(b), Nov. 18, 1988, 102 Stat. 4107, 4121, substituted 'Claims' for 'Applications' in item for chapter 51 and added item for chapter 72. Pub. L. 100-322, title II, Sec. 216(e)(2), May 20, 1988, 102 Stat. 530, added item for chapter 76. 1984 - Pub. L. 98-525, title VII, Sec. 702(a)(2), Oct. 19, 1984, 98 Stat. 2563, added item for chapter 30. 1982 - Pub. L. 97-306, title III, Sec. 301(b)(2), Oct. 14, 1982, 96 Stat. 1437, substituted '2000' for '2001' in item for chapter 41. Pub. L. 97-295, Sec. 4(1)(A), Oct. 12, 1982, 96 Stat. 1304, substituted '1500' for '1,500' in item for chapter 31. Pub. L. 97-295, Sec. 4(1)(B), Oct. 12, 1982, 96 Stat. 1304, substituted '1651' for '1650' in item for chapter 34. Pub. L. 97-295, Sec. 4(1)(C), Oct. 12, 1982, 96 Stat. 1304, added item for chapter 82. 1981 - Pub. L. 97-72, title III, Sec. 302(b)(2), Nov. 3, 1981, 95 Stat. 1059, substituted 'Housing and Small Business Loans' for 'Home, Condominium, and Mobile Home Loans' in item for chapter 37. 1980 - Pub. L. 96-466, title I, Sec. 101(b), Oct. 17, 1980, 94 Stat. 2186, substituted 'Training and Rehabilitation for Veterans with Service-Connected Disabilities . . . . . 1,500' for 'Vocational Rehabilitation . . . . . 1501' in item for chapter 31. 1976 - Pub. L. 94-581, title II, Sec. 203(a), Oct. 21, 1976, 90 Stat. 2856, inserted 'Nursing Home,' in item for chapter 17. Pub. L. 94-502, title III, Sec. 309(b), Oct. 15, 1976, 90 Stat. 2391, substituted 'Survivors' and Dependents' Educational Assistance' for 'War Orphans' and Widows' Education Assistance' in item for chapter 35. Pub. L. 94-502, title IV, Sec. 405, Oct. 15, 1976, 90 Stat. 2397, added item for chapter 32. 1974 - Pub. L. 93-569, Sec. 7(d), Dec. 31, 1974, 88 Stat. 1866, substituted 'Home, Condominium, and Mobile Home Loans' for 'Home, Farm, and Business Loans' in item for chapter 37. Pub. L. 93-508, title IV, Sec. 404(b), Dec. 3, 1974, 88 Stat. 1600, added item for chapter 43. 1973 - Pub. L. 93-43, Sec. 2(b), June 18, 1973, 87 Stat. 78, added item for chapter 24. 1972 - Pub. L. 92-540, title V, Sec. 502(b), 503(b), Oct. 24, 1972, 86 Stat. 1097, 1098, substituted ', Training and' for 'and Employment' in item for chapter 41, and added item for chapter 42. 1971 - Pub. L. 91-666, Sec. 2(b), Jan. 11, 1971, 84 Stat. 2000, substituted 'Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces' for 'Automobiles for Disabled Veterans' in item for chapter 39. 1968 - Pub. L. 90-631, Sec. 2(h)(2), Oct. 23, 1968, 82 Stat. 1333, substituted 'War Orphans' and Widows' Educational Assistance. . . . .1700' for 'War Orphans' Educational Assistance. . . . .1701' in item for chapter 35. 1966 - Pub. L. 89-358, Sec. 4(c), 6(b), Mar. 3, 1966, 80 Stat. 23, 27, substituted chapter '34. Veterans' Educational Assistance. . . . .1650' for chapter '33. Education of Korean Conflict Veterans. . . . .1601' and added chapter 36; and substituted 'Job Counseling and Employment Placement Service for Veterans' for 'Unemployment Benefits for Veterans' in item for chapter 41, respectively. 1965 - Pub. L. 89-50, Sec. 1(b), June 24, 1965, 79 Stat. 173, struck out item for chapter 43 which related to mustering out payments. ------DocID 43585 Document 2 of 965------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rule 38 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rule 38. Frivolous Appeals -STATUTE- If the Court determines that an appeal is frivolous, it may enter such order as it deems appropriate. ------DocID 12053 Document 3 of 965------ -CITE- 10 USC CHAPTER 38 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 38 -HEAD- CHAPTER 38 - JOINT OFFICER MANAGEMENT -MISC1- Sec. 661. Management policies for joint specialty officers. 662. Promotion policy objectives for joint officers. 663. Education. 664. Length of joint duty assignments. 665. Procedures for monitoring careers of joint officers. 666. Reserve officers not on the active-duty list. 667. Annual report to Congress. 668. Definitions. ------DocID 14628 Document 4 of 965------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 38 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PRACTICE BEFORE THE COURT -HEAD- Rule 38. Signatures -STATUTE- (a) General. Except for documents filed in propria persona and those provided for in subsection (b), all original pleadings or other papers filed in a case will bear the signature of at least one counsel who is a member of this Court's Bar and who is participating in the case. The name, address, telephone number, and rank, if any, of the person signing, together with the capacity in which such counsel signs the paper will be included. This signature will constitute a certificate that the statements made in the pleading or paper are true and correct to the best of the counsel's knowledge, information, or belief, and that the pleading or paper is filed in good faith and not for the purpose of unnecessary delay. A counsel who signs a pleading 'for' some other counsel whose name is typed under such signature must, in addition, affix their own signature in a separate signature block with their own name, address, telephone number, and rank, if any, typed thereunder. (b) Exception. If the counsel signing a pleading or paper presented to the Clerk's office for filing is not a member of the Bar of this Court, the pleading or paper shall nonetheless be received as if such counsel were a member. However, within 30 days of the filing of a pleading, such counsel shall, as a prerequisite to continuing in the case as counsel of record, apply for admission to the Bar of this Court or move to appear pro hac vice under Rule 13. -SOURCE- (As amended Oct. 1, 1987.) ------DocID 15206 Document 5 of 965------ -CITE- 12 USC Sec. 38 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 38. The National Bank Act -STATUTE- The Act entitled 'An Act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof,' approved June 3, 1864, shall be known as 'The National Bank Act.' -SOURCE- (June 20, 1874, ch. 343, Sec. 1, 18 Stat. 123.) -REFTEXT- REFERENCES IN TEXT The National Bank Act, referred to in text, is act June 3, 1864, ch. 106, 13 Stat. 99, as amended. The act was incorporated into the Revised Statutes as R.S. Sec. 324 to 331, 333, 380, 563, 629, 736, 884, 885, 3473, 3475, 3651, 5133 to 5154, 5156, 5158 to 5170, 5172, 5173, 5175, 5177, 5182 to 5184, 5187, 5189, 5190 to 5192, 5195 to 5204, 5206, 5209 to 5211, 5214 to 5217, 5219 to 5222, 5224 to 5242, 5417, which are classified to sections 1 to 4, 8, 11 to 14, 21, 22 to 24, 26 to 29, 35, 39, 51, 52, 53, 54, 56, 57, 59 to 63, 66, 71, 72 to 76, 81 to 91, 93, 94, 101a, 102, 104, 107, 109, 110, 123, 124, 131 to 138, 141 to 144, 161, 165, 168 to 175, 181 to 183, 185, 186, 192 to 196, 481 to 485, 541, 544 to 546, 548, 581 and 592 of this title, section 197 of Title 19, Customs Duties, and section 543 of former Title 31, Money and Finance. See, also, sections 8, 333, 334, 471, 472, 656, and 1005 of Title 18, Crimes and Criminal Procedure, and sections 507, 1348, 1394, and 1733 of Title 28, Judiciary and Judicial Procedure. ------DocID 16868 Document 6 of 965------ -CITE- 12 USC CHAPTER 38 -EXPCITE- TITLE 12 CHAPTER 38 -HEAD- CHAPTER 38 - MULTIFAMILY MORTGAGE FORECLOSURE -MISC1- Sec. 3701. Findings and purpose. 3702. Definitions. 3703. Applicability. 3704. Foreclosure commissioner; designation, duties, etc. 3705. Prerequisites to foreclosure. 3706. Notice of default and foreclosure sale; condition and term of sale. 3707. Commencement of foreclosure; powers and duties of foreclosure commissioner or substitute. 3708. Service of notice of default and foreclosure sale. 3709. Presale reinstatement. (a) Grounds. (b) Views of Secretary. (c) Mortgage subsequent to reinstatement. (d) Subsequent foreclosures. 3710. Foreclosure sale. (a) Time of sale; public auction; location. (b) Conduct of sale. (c) Adjournment or cancellation. 3711. Foreclosure costs. 3712. Disposition of sale proceeds. 3713. Transfer of title and possession. (a) Payment and delivery of deeds. (b) Quit claim deed. (c) Possession by purchaser; continuing interests. (d) Right of redemption, right of possession. (e) Imposition of tax on conveyance to the Secretary. 3714. Record of foreclosure and sale. 3715. Computation of time. 3716. Separability. 3717. Regulations. ------DocID 17780 Document 7 of 965------ -CITE- 15 USC Sec. 80a-38 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-38. Procedure for issuance of rules and regulations -STATUTE- Subject to the provisions of chapter 15 of title 44 and regulations prescribed under the authority thereof, the rules and regulations of the Commission under this subchapter, and amendments thereof, shall be effective upon publication in the manner which the Commission shall prescribe, or upon such later date as may be provided in such rules and regulations. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 39, 54 Stat. 842.) -COD- CODIFICATION 'Chapter 15 of title 44' substituted in text for 'the Federal Register Act' on authority of Pub. L. 90-620, Sec. 2(b), Oct. 22, 1968, 82 Stat. 1305, the first section of which enacted Title 44, Public Printing and Documents. -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 18536 Document 8 of 965------ -CITE- 15 USC CHAPTER 38 -EXPCITE- TITLE 15 CHAPTER 38 -HEAD- CHAPTER 38 - TRAFFIC AND MOTOR VEHICLE SAFETY -MISC1- Sec. 1381. Congressional declaration of purpose. SUBCHAPTER I - MOTOR VEHICLE SAFETY STANDARDS PART A - GENERAL PROVISIONS 1391. Definitions. 1392. Motor vehicle safety standards. (a) Establishment. (b) Applicability of administrative procedure provisions. (c) Effective date of orders. (d) Supremacy of Federal standards; allowable higher standards for vehicles used by Federal or State governments. (e) Amendment and revocation of standards. (f) Factors to be considered in prescribing standards. (g) Interstate motor carriers and carriers of explosives and other dangerous articles. (h) Issuance of initial Federal safety standards. (i) Schoolbus and schoolbus equipment safety standards; study and report to Congress. 1393. Repealed. 1394. Judicial review of orders establishing standards; additional evidence before Secretary; certified copy of transcript. (a) Review of safety standard orders. (b) Copies of transcripts. 1395. Research, testing, development, and training in traffic and vehicle safety. (a) Scope of research. (b) Grants for research. (c) Availability of developed data to the general public. 1396. Cooperation of Secretary with governmental and private agencies in developing standards. 1397. Prohibition against manufacture, sale, delivery, or importation of substandard vehicles and against rendering inoperative certain devices, elements of design or motor vehicle equipment. (a) Access to records; certificate; notification of defect; 'motor vehicle repair business' defined; exemptions from inoperation restriction; exemption of safety belt interlocks and continuous buzzers. (b) Sale or delivery of used vehicles; Federal standards for used vehicles; good faith failure to conform to Federal safety standards. (c) Motor vehicles in violation to be refused entry; exceptions; bond; fees; registration of importers; certification of compliance. (d) Defect or failure to comply imputed to certain imported motor vehicles; registered importer treated as manufacturer; evidence of financial responsibility. (e) Manufacturing completion exemption. (f) Documented personal use exemption. (g) 'Grandfather' exemption. (h) Temporary basis for personal use exemption. (i) Superannuated exemption. (j) Specified exemptions. (k) Continuation of common law liability. 1398. Civil penalties; Secretary's authority to compromise. (a) Amount of penalties. (b) Compromise of penalties. 1399. Jurisdiction of United States district courts. (a) Restraining violations of motor vehicle standards; injunction; notice; opportunity to achieve compliance. (b) Criminal contempt; trial by jury. (c) Venue. (d) Subpoenas. (e) Designation by manufacturers offering vehicle for importation of agent for service of process. 1400. Noncompliance with safety standards. (a) Repurchase from distributor or dealer of vehicle not meeting standards. (b) Civil action against manufacturer or distributor refusing to repurchase substandard vehicles; period of limitation. (c) Determination of reimbursements for required installations. 1401. Inspection and investigation: enforcement of this subchapter and rules, regulations, or orders thereunder; motor vehicle accidents. (a)(1) Results of investigations given to Secretary of Treasury or Attorney General for action; cooperation with non-Federal officials. (2) Entry into factory, warehouse, manufacturing establishment, or premises with motor vehicles or vehicular equipment; impoundment of motor vehicles; inspection with reasonable promptness. (3) Compensation to vehicle owner; 'motor vehicle accident' defined. (b) Records from manufacturers; reports from manufacturers, dealers, or distributors; inspections and examination of relevant documents; records from distributors or dealers. (c) Procedure; hearings; testimony; sessions; places; subpenas; access to and copies of documentary evidence; general or special orders for reports or answers to specific questions; contempt of court; witnesses fees and mileage; information from other Federal agencies; limitations of authority to provide information unaffected; detail of personnel. (d) Performance and technical data; supplying data to each prospective purchaser and to first purchaser. (e) Confidential information and trade secrets. 1402. Cost information. (a) Submission and evaluation. (b) Availability to public; publication in Federal Register; confidentiality of trade secrets and other confidential matter; information to committees of Congress. (c) 'Cost information' defined. (d) Rules and regulations. (e) Authority of Secretary under other provisions unaffected. 1403. Certification of conformity with motor vehicle safety standards; form and placement of certification. 1404. Omitted. 1405. Effect upon antitrust laws. 1406. Use of testing and research facilities of public agencies. 1407. Rules and regulations. 1408. Annual report to Congress; contents; recommendations. (a) Contents of report. (b) Recommendations for legislation. 1409. Authorization of appropriations. 1410. Exemption from safety standards of motor vehicles. (a) Eligibility; procedure; criteria for temporary exemption or renewal of exemption; publication of notice of decision in Federal Register. (b) Permanent labeling of exempted motor vehicle; contents; notification of dealer and first purchaser of exemption. (c) Limitation periods for exemption or renewal; reapplication for renewal. (d) Manufacturers eligible for exemptions. (e) Applications for exemptions; contents. (f) Promulgation of regulations for applications; disclosure of information contained in application. (g) 'Low-emission motor vehicle' defined. 1410a. Petitions of interested persons. (a) Requests for Secretary's commencement of proceedings. (b) Contents; factual statement; description of relief. (c) Public hearings or appropriate investigation or proceeding. (d) Time of determination; commencement of proceedings upon grant of petition; publication in Federal Register of reasons for denial of petition. (e) Additional remedies. 1410b. Occupant restraint systems. (a) Amendment of Federal motor vehicle safety standard numbered 208; effective date. (b) Federal motor vehicle safety standard requirements. (c) Federal motor vehicle safety standard promulgation procedure; rulemaking requirement; data, views or arguments: presentation opportunity; transcript; notification of Congressional committees; data, views, or arguments of Members of Congress; transmittal of standard to Congress and Congressional committees. (d) Concurrent resolution of disapproval during prescribed period; Federal motor vehicle safety standard effective upon expiration of such period. (e) Judicial review of Federal motor vehicle safety standard. (f) Definitions. PART B - DISCOVERY, NOTIFICATION, AND REMEDY OF MOTOR VEHICLE DEFECTS 1411. Notification respecting manufacturer's finding of defect or failure to comply. 1412. Notification respecting Secretary's finding of defect or failure to comply; publication in Federal Register; data, views, and arguments: presentation opportunity. (a) Notice to manufacturer of noncompliance. (b) Notice by manufacturer to public; remedy of defects. 1413. Notification respecting motor vehicle defect or failure to comply. (a) Contents of notification. (b) Time for notification. (c) Method of notification. 1414. Remedy for defect or failure to comply. (a) Manner of remedying defect or failure to comply. (b) Failure to adequately repair defect or failure to comply. (c) Filing of program for remedying defect or failure to comply with Secretary. 1415. Enforcement of notification and remedy orders. (a) Civil actions; venue; change of venue; consolidation. (b) Notification contents; liability of manufacturer. (c) Civil actions for non-notification of owners or purchasers; liability of manufacturer. (d) Orders of Secretary against manufacturer; conditions for issuance. 1416. Reasonableness of notification and remedy; hearing. 1417. Exemption for inconsequential defect or failure to comply; notice in Federal Register; data, views, and arguments: presentation opportunity. 1418. Information, disclosure, and recordkeeping; confidential information. (a) Disclosure of defects; trade secrets. (b) Purchaser records. 1419. Definitions. 1420. Effect on other laws. SUBCHAPTER II - TIRE SAFETY 1421. Labeling for pneumatic tires; required contents of label. 1422. Standards for original equipment tires; maximum permissible load standards to be met. 1423. Uniform quality grading system for motor vehicle tires; elimination of deceptive and confusing tire nomenclature. 1424. Regrooved tires. (a) Restrictions. (b) Penalties. (c) 'Regrooved tire' defined. 1425. Conflicts with orders of Federal Trade Commission. 1426. Safety standards for retreaded tires. SUBCHAPTER III - RESEARCH AND TEST FACILITIES 1431. Facilities for research and testing in traffic safety. (a) Authorization to construct; approval of plans. (b) Costs. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1920, 1988, 2002 of this title; title 18 sections 511, 512; title 42 sections 4905, 7590; title 49 section 105; title 49 App. sections 1652, 1655. ------DocID 19664 Document 9 of 965------ -CITE- 16 USC Sec. 38 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 38. Exchange for State or private lands authorized -STATUTE- The Secretary of Agriculture is authorized in his discretion to accept, on behalf of the United States, title to any lands held in private or State ownership within the townships described in section 37 of this title, and in exchange therefor may patent not to exceed an equal value of national forest land in the State of Montana, surveyed and nonmineral in character, or the Secretary of Agriculture may authorize the grantor to cut and remove not to exceed an equal value of timber within the national forests of said State, the values in each case to be determined by the Secretary of Agriculture: Provided, That before any such exchange is effected, notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in exchange shall be cut and removed from national forests under the laws and regulations relating to the national forests and under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture. -SOURCE- (May 26, 1926, ch. 399, Sec. 2, 44 Stat. 655; June 11, 1960, Pub. L. 86-509, Sec. 1(f), 74 Stat. 205.) -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Interior under this section, with respect to exchanges of lands held in private or State ownership for national forest lands or timber in Montana, transferred to Secretary of Agriculture, see Pub. L. 86-509, June 11, 1960, 74 Stat. 205, set out as a note under section 2201 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 37, 39, 40 of this title. ------DocID 23092 Document 10 of 965------ -CITE- 16 USC CHAPTER 38 -EXPCITE- TITLE 16 CHAPTER 38 -HEAD- CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT -MISC1- SUBCHAPTER I - GENERALLY Sec. 1801. Findings, purposes and policy. (a) Findings. (b) Purposes. (c) Policy. 1802. Definitions. SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES 1811. United States sovereign rights to fish and fishery management authority. (a) In the exclusive economic zone. (b) Beyond the exclusive economic zone. 1812. Highly migratory species. 1813. Omitted. SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS 1821. Foreign fishing. (a) In general. (b) Existing international fishery agreements. (c) Governing international fishery agreements. (d) Total allowable level of foreign fishing. (e) Allocation of allowable level. (f) Foreign allocation report. (g) Reciprocity. (h) Preliminary fishery management plans. (i) Full observer coverage program. (j) Recreational fishing. 1822. International fishery agreements. (a) Negotiations. (b) Treaty renegotiation. (c) International fishery agreements. (d) Boundary negotiations. (e) Highly migratory species agreements. (f) Nonrecognition. 1823. Congressional oversight of governing international fishery agreements. (a) In general. (b) Referral to committees. (c) Computation of 60-day period. (d) Congressional procedures. 1824. Permits for foreign fishing. (a) In general. (b) Applications and permits under governing international fishery agreements. (c) Registration permits. 1825. Import prohibitions. (a) Determinations by Secretary of State. (b) Prohibitions. (c) Removal of prohibition. (d) Definitions. 1826. Large-scale driftnet fishing. (a) Short title. (b) Findings. (c) Policy. (d) International agreements. (e) Report. (f) Certification. (g) Effect on sovereign rights. (h) 'Living marine resources' defined. 1827. Observer program regarding certain foreign fishing. (a) Definitions. (b) Observer program. (c) Functions of observers. (d) Fees. (e) Fund. (f) Prohibited acts. (g) Regulations. SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM 1851. National standards for fishery conservation and management. (a) In general. (b) Guidelines. 1852. Regional Fishery Management Councils. (a) Establishment. (b) Voting members. (c) Nonvoting members. (d) Compensation and expenses. (e) Transaction of business. (f) Staff and administration. (g) Committees and panels. (h) Functions. (i) Fishery habitat concerns. (j) Procedural matters. (k) Disclosure of financial interest. 1853. Contents of fishery management plans. (a) Required provisions. (b) Discretionary provisions. (c) Proposed regulations. (d) Confidentiality of statistics. (e) Data collection programs. (f) Restriction on use of certain data. 1854. Action by Secretary. (a) Action by Secretary after receipt of plan. (b) Review by Secretary. (c) Preparation by Secretary. (d) Establishment of fees. (e) Fisheries research. (f) Fisheries under authority of more than one Council. (g) Incidental harvest research. 1855. Implementation of fishery management plans. (a) Implementation. (b) Judicial review. (c) Emergency actions. (d) Responsibility of Secretary. (e) Effect of certain laws on certain time requirements. 1856. State jurisdiction. (a) In general. (b) Exception. (c) Exception regarding foreign fish processing in internal waters. 1857. Prohibited acts. 1858. Civil penalties and permit sanctions. (a) Assessment of penalty. (b) Review of civil penalty. (c) Action upon failure to pay assessment. (d) In rem jurisdiction. (e) Compromise or other action by Secretary. (f) Subpenas. (g) Permit sanctions. 1859. Criminal offenses. (a) Offenses. (b) Punishment. (c) Jurisdiction. 1860. Civil forfeitures. (a) In general. (b) Jurisdiction of district courts. (c) Judgment. (d) Procedure. (e) Rebuttable presumptions. 1861. Enforcement. (a) Responsibility. (b) Powers of authorized officers. (c) Issuance of citations. (d) Jurisdiction of courts. (e) Payment of storage, care, and other costs. (f) Definitions. 1862. North Pacific fisheries research plan. (a) In general. (b) Standards. (c) Action by Secretary. (d) Fishery Observer Fund. (e) Special provisions regarding observers. SUBCHAPTER V - MISCELLANEOUS PROVISIONS 1881. Repealed. 1882. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 917, 971d, 1432, 1827, 3125, 3373, 3377, 3601, 3607, 3631, 4102 of this title; title 22 section 1980; title 33 section 1321; title 42 sections 9601, 9603. ------DocID 25127 Document 11 of 965------ -CITE- 18 USC Rule 38 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS (VIII -HEAD- Rule 38. Stay of Execution -STATUTE- (a) Death. A sentence of death shall be stayed if an appeal is taken from the conviction or sentence. (b) Imprisonment. A sentence of imprisonment shall be stayed if an appeal is taken from the conviction or sentence and the defendant is released pending disposition of the appeal pursuant to Rule 9(b) of the Federal Rules of Appellate Procedure. If not stayed, the court may recommend to the Attorney General that the defendant be retained at, or transferred to, a place of confinement near the place of trial or the place where an appeal is to be heard, for a period reasonably necessary to permit the defendant to assist in the preparation of an appeal to the court of appeals. (c) Fine. A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by the district court or by the court of appeals upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs in the registry of the district court, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating such defendant's assets. (d) Probation. A sentence of probation may be stayed if an appeal from the conviction or sentence is taken. If the sentence is stayed, the court shall fix the terms of the stay. (e) Criminal Forfeiture, Notice to Victims, and Restitution. A sanction imposed as part of the sentence pursuant to 18 U.S.C. 3554, 3555, or 3556 may, if an appeal of the conviction or sentence is taken, be stayed by the district court or by the court of appeals upon such terms as the court finds appropriate. The court may issue such orders as may be reasonably necessary to ensure compliance with the sanction upon disposition of the appeal, including the entering of a restraining order or an injunction or requiring a deposit in whole or in part of the monetary amount involved into the registry of the district court or execution of a performance bond. (f) Disabilities. A civil or employment disability arising under a Federal statute by reason of the defendant's conviction or sentence, may, if an appeal is taken, be stayed by the district court or by the court of appeals upon such terms as the court finds appropriate. The court may enter a restraining order or an injunction, or take any other action that may be reasonably necessary to protect the interest represented by the disability pending disposition of the appeal. -SOURCE- (As amended Dec. 27, 1948, eff. Jan. 1, 1949; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Apr. 24, 1972, eff. Oct. 1, 1972; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 215(c), 98 Stat. 2016; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule substantially continues existing law except that it provides that in case an appeal is taken from a judgment imposing a sentence of imprisonment, a stay shall be granted only if the defendant so elects, or is admitted to bail. Under the present rule the sentence is automatically stayed unless the defendant elects to commence service of the sentence pending appeal. The new rule merely changes the burden of making the election. See Rule V of the Criminal Appeals Rules, 1933, 292 U.S. 661. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT A defendant sentenced to a term of imprisonment is committed to the custody of the Attorney General who is empowered by statute to designate the place of his confinement. 18 U.S.C. Sec. 4082. The sentencing court has no authority to designate the place of imprisonment. See, e.g., Hogue v. United States, 287 F.2d 99 (5th Cir. 1961), cert. den., 368 U.S. 932 (1961). When the place of imprisonment has been designated, and notwithstanding the pendency of an appeal, the defendant is usually transferred from the place of his temporary detention within the district of his conviction unless he has elected 'not to commence service of the sentence.' This transfer can be avoided only if the defendant makes the election, a course sometimes advised by counsel who may deem it necessary to consult with the defendant from time to time before the appeal is finally perfected. However, the election deprives the defendant of a right to claim credit for the time spent in jail pending the disposition of the appeal because 18 U.S.C. Sec. 3568 provides that the sentence of imprisonment commences, to run only from 'the date on which such person is received at the penitentiary, reformatory, or jail for service of said sentence.' See, e.g., Shelton v. United States, 234 F.2d 132 (5th Cir. 1956). The amendment eliminates the procedure for election not to commence service of sentence. In lieu thereof it is provided that the court may recommend to the Attorney General that the defendant be retained at or transferred to a place of confinement near the place of trial or the place where the appeal is to be heard for the period reasonably necessary to permit the defendant to assist in the preparation of his appeal to the court of appeals. Under this procedure the defendant would no longer be required to serve dead time in a local jail in order to assist in preparation of his appeal. NOTES OF ADVISORY COMMITTEE ON RULES - 1968 AMENDMENT Subdivisions (b) and (c) of this rule relate to appeals, the provisions of which are transferred to and covered by the Federal Rules of Appellate Procedure. See Advisory Committee Note under rule 37. NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Rule 38(a)(2) is amended to reflect rule 9(b), Federal Rules of Appellate Procedure. The criteria for the stay of a sentence of imprisonment pending disposition of an appeal are those specified in rule 9(c) which incorporates 18 U.S.C. Sec. 3148 by reference. The last sentence of subdivision (a)(2) is retained although easy access to the defendant has become less important with the passage of the Criminal Justice Act which provides for compensation to the attorney to travel to the place at which the defendant is confined. Whether the court will recommend confinement near the place of trial or place where the appeal is to be heard will depend upon a balancing of convenience against the possible advantage of confinement at a more remote correctional institution where facilities and program may be more adequate. The amendment to subdivision (a)(4) gives the court discretion in deciding whether to stay the order placing the defendant on probation. It also makes mandatory the fixing of conditions for the stay if a stay is granted. The court cannot release the defendant pending appeal without either placing him on probation or fixing the conditions for the stay under the Bail Reform Act, 18 U.S.C. Sec. 3148. Former rule 38(a)(4) makes mandatory a stay of an order placing the defendant on probation whenever an appeal is noted. The court may or may not impose conditions upon the stay. See rule 46, Federal Rules of Criminal Procedure; and the Bail Reform Act, 18 U.S.C. Sec. 3148. Having the defendant on probation during the period of appeal may serve the objectives of both community protection and defendant rehabilitation. In current practice, the order of probation is sometimes stayed for an appeal period as long as two years. In a situation where the appeal is unsuccessful, the defendant must start under probation supervision after so long a time that the conditions of probation imposed at the time of initial sentencing may no longer appropriately relate either to the defendant's need for rehabilitation or to the community's need for protection. The purposes of probation are more likely to be served if the judge can exercise discretion, in appropriate cases, to require the defendant to be under probation during the period of appeal. The American Bar Association Project on Standards for Criminal Justice takes the position that prompt imposition of sentence aids in the rehabilitation of defendants, ABA Standards Relating to Pleas of Guilty Sec. 1.8(a)(i), Commentary p. 40 (Approved Draft, 1968). See also Sutherland and Cressey, Principles of Criminology 336 (1966). Under 18 U.S.C. Sec. 3148 the court now has discretion to impose conditions of release which are necessary to protect the community against danger from the defendant. This is in contrast to release prior to conviction, where the only appropriate criterion is insuring the appearance of the defendant. 18 U.S.C. Sec. 3146. Because the court may impose conditions of release to insure community protection, it seems appropriate to enable the court to do so by ordering the defendant to submit to probation supervision during the period of appeal, thus giving the probation service responsibility for supervision. A major difference between probation and release under 18 U.S.C. Sec. 3148 exists if the defendant violates the conditions imposed upon his release. In the event that release is under 18 U.S.C. Sec. 3148, the violation of the condition may result in his being placed in custody pending the decision on appeal. If the appeal were unsuccessful, the order placing him on probation presumably would become effective at that time, and he would then be released under probation supervision. If the defendant were placed on probation, his violation of a condition could result in the imposition of a jail or prison sentence. If the appeal were unsuccessful, the jail or prison sentence would continue to be served. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Appellate Procedure, referred to in subd. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 1984 AMENDMENT Pub. L. 98-473, Sec. 215(c)(1), substituted 'Stay of Execution' for 'Stay of Execution, and Relief Pending Review' in rule catchline. Subd. (a). Pub. L. 98-473, Sec. 215(c)(1), struck out subd. heading '(a) Stay of Execution'. Pub. L. 98-473, Sec. 215(c)(3), (4), redesignated subd. (a)(1) as (a), and inserted 'from the conviction or sentence' after 'is taken'. Subd. (b). Pub. L. 98-473, Sec. 215(c)(3), (5), redesignated subd. (a)(2) as (b), and inserted 'from the conviction or sentence' after 'is taken'. Pub. L. 98-473, Sec. 215(c)(2), struck out subd. (b) relating to bail, which had been abrogated Dec. 4, 1967, eff. July 1, 1968. Subd. (c). Pub. L. 98-473, Sec. 215(c)(3), redesignated subd. (a)(3) as (c). Pub. L. 98-473, Sec. 215(c)(2), struck out subd. (c) relating to application for relief pending review, which had been abrogated Dec. 4, 1967, eff. July 1, 1968. Subd. (d). Pub. L. 98-473, Sec. 215(c)(3), (6), redesignated subd. (a)(4) as (d) and amended it generally. Prior to amendment, subd. (a)(4) read as follows: 'An order placing the defendant on probation may be stayed if an appeal is taken. If not stayed, the court shall specify when the term of probation shall commence. If the order is stayed the court shall fix the terms of the stay.' Subds. (e), (f). Pub. L. 98-473, Sec. 215(c)(7), added subds. (e) and (f). -MISC2- 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. -CROSS- CROSS REFERENCES Bail, generally, see rule 46. ------DocID 25174 Document 12 of 965------ -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 26719 Document 13 of 965------ -CITE- 20 USC Sec. 1070d-38 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-38. Stipends and scholarship conditions -STATUTE- (a) Amount of award Each student awarded a scholarship under this subpart shall receive a stipend of $1,500 for the academic year of study for which the scholarship is awarded. (b) Use of award The State educational agency shall establish procedures to assure that a scholar awarded a scholarship under this subpart pursues a course of study at an institution of higher education. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419H, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1345.) -MISC1- PRIOR PROVISIONS A prior section 1070d-38, Pub. L. 89-329, title IV, Sec. 419H, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2902, related to stipends and scholarship conditions for students receiving scholarships under Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99-498. ------DocID 27229 Document 14 of 965------ -CITE- 20 USC CHAPTER 38 -EXPCITE- TITLE 20 CHAPTER 38 -HEAD- CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS -MISC1- Sec. 1681. Sex. (a) Prohibition against discrimination; exceptions. (1) Classes of educational institutions subject to prohibition. (2) Educational institutions commencing planned change in admissions. (3) Educational institutions of religious organizations with contrary religious tenets. (4) Educational institutions training individuals for military services or merchant marine. (5) Public educational institutions with traditional and continuing admissions policy. (6) Social fraternities or sororities; voluntary youth service organizations. (7) Boy or Girl conferences. (8) Father-son or mother-daughter activities at educational institutions. (9) Institution of higher education scholarship awards in 'beauty' pageants. (b) Preferential or disparate treatment because of imbalance in participation or receipt of Federal benefits; statistical evidence of imbalance. (c) 'Educational institution' defined. 1682. Federal administrative enforcement; report to Congressional committees. 1683. Judicial review. 1684. Blindness or visual impairment; prohibition against discrimination. 1685. Authority under other laws unaffected. 1686. Interpretation with respect to living facilities. 1687. Interpretation of 'program or activity'. 1688. Neutrality with respect to abortion. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1132f-1, 1232, 3041, 3042 of this title; title 29 sections 206, 1577; title 42 sections 290cc-33, 300w-7, 300x-7, 708, 1988, 2000d-7, 10406, 12635. ------DocID 29034 Document 15 of 965------ -CITE- 22 USC Sec. 277d-38 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-38. Acquired land, addition to State; State jurisdiction -STATUTE- Land acquired or to be acquired by the United States of America in accordance with the provisions of the treaty, including the tract provided for in section 277d-39 of this title, shall become a geographical part of the State to which it attaches and shall be under the civil and criminal jurisdiction of such State, without affecting the ownership of such land. The addition of land and the ceding of jurisdiction to a State shall take effect upon acceptance by such State. -SOURCE- (Pub. L. 92-549, title I, Sec. 105, Oct. 25, 1972, 86 Stat. 1162.) ------DocID 30478 Document 16 of 965------ -CITE- 22 USC CHAPTER 38 -EXPCITE- TITLE 22 CHAPTER 38 -HEAD- CHAPTER 38 - DEPARTMENT OF STATE -MISC1- Sec. 2651. Establishment of Department. 2652. Deputy Secretary of State; Under Secretary of State for Political Affairs; Under Secretary of State for Economic and Agricultural Affairs; Under Secretary of State for Management; Assistant Secretaries of State. 2652a. Assistant Secretary of State for International Narcotics Matters. 2653. Appointment and rank of officers. 2654. Legal adviser; establishment of office; appointment. 2655. Counselor of Department of State; appointment. 2655a. Bureau of Oceans and International Environmental and Scientific Affairs within Department of State; Assistant Secretary of State as head of Bureau. 2656. Management of foreign affairs. 2656a. Congressional declaration of findings of major significance of modern scientific and technological advances in foreign policy. 2656b. Congressional declaration of policy regarding consequences of science and technology on conduct of foreign policy. 2656c. Responsibilities of President. (a) Identification, evaluation and initiation of scientific and technological developments. (b) Report to Congress; recommendations. (c) Disclosure of sensitive information. (d) Availability to United States Trade Representative of information and recommendations. 2656d. Responsibilities of Secretary of State. (a) Coordination and oversight over science and technology agreements between United States and foreign countries, etc. (b) Long-term contracts, grants, to obtain studies, etc., with respect to application of science and technology to foreign policy. (c) Long-term and short-term contracts, grants, to train officers and employees in application of science and technology to problems of foreign policy. (d) Detached service for graduate studies. 2656e. Terrorism-related travel advisories. 2656f. Annual country reports on terrorism. (a) Requirement of annual country reports on terrorism. (b) Provisions to be included in report. (c) Classification of report. (d) Definitions. (e) Reporting period. 2657. Custody of seals and property. 2658. Rules and regulations; promulgation by Secretary; delegation of authority. 2659. State statutes to be procured. 2660. Copies of treaties furnished to Public Printer. 2661. Procurement of information for corporations, firms and individuals; expense of cablegrams and telephone service involved; appropriation. 2661a. Foreign contracts or arrangements; discrimination. 2662. Establishment, maintenance, and operation of passport and despatch agencies. 2663. Omitted. 2664. Distribution of duties of officers, clerks, and employees. 2664a. Protection of Civil Service employees. (a) Findings. (b) Equitable reduction of budget. (c) Establishment of Office of the Ombudsman for Civil Service Employees. (d) 'Civil Service employees' defined. 2665. Personal services other than those provided for. 2665a. Foreign Service fellowships. 2666, 2667. Repealed. 2668. Requisitions for advances to pay lawful obligations. (a) Authorization; accounting. (b) Removal of outstanding charges. (c) Financial liability of disbursing agent or official. 2668a. Disposition of trust funds received from foreign governments for citizens of United States. 2669. Printing and binding outside continental United States; settlement and payment of claims by foreign governments; employment of aliens; official functions and courtesies; purchase of uniforms; payment of tort claims; payment of assumed obligations in Germany; telecommunications services; security. 2670. Insurance on motor vehicles in foreign countries; tie lines and teletype equipment; ice and drinking water; excise taxes on negotiable instruments; remains of deceased persons; relief, protection, and burial of seamen; acknowledgment of services of foreign vessels and aircraft; rentals and leases. 2671. Emergency expenditures. (a) Delegation of authority pertaining to certification of expenditures. (b) Activities subject to expenditures. (c) Annual confidential audit and report. (d) Repatriation loan program. 2672. Participation in international activities; restriction; expenses. 2672a. Alternate United States Commissioners for international fisheries commissions. 2672b. Compensation of Alternate United States Commissioners; travel expenses and other allowances. 2673. International Civil Aviation Organization; availability of funds for participation. 2674. Availability of exchange allowances or proceeds derived from exchange or sale of motor vehicles. 2675. Allocation or transfer to other agencies of funds appropriated to Department of State; authority for expenditure of funds. 2676. Contracts in foreign countries. 2677. Availability of funds for travel expenses and transportation of personal effects, household goods, or automobiles. 2678. Reduction in earmarks if appropriations are less than authorizations. 2679. Maximum rates of per diem in lieu of subsistence payable to foreign participants in exchange of persons program or in program of furnishing technical information and assistance. 2679a. Procurement contracts. (a) Funding for periods not in excess of five years; conditions. (b) Cancellation of contracts. 2680. Appropriations for State Department; information to Congressional committees. 2680a. Compensation for disability or death. 2681. International broadcasting facilities; transfer to Department of State; acquisition of property. 2682. Liquidation and disposal of broadcasting facilities. 2683. Assumption of obligations of operation of broadcasting facilities. 2684. Capital fund for Department of State to centralize reproduction, editorial, data processing, audiovisual and other services; maximum amount; operation of fund. (a) Establishment of fund. (b) Charges to fund; credit to appropriations. 2685. Reimbursement for detailed State Department personnel. 2686. Review of world-wide supply, demand, and price of basic raw and processed materials. 2687. Use of appropriated funds for unusual expenses of United States Representative to Organization of American States. 2688. Ambassadors; criteria regarding selection and confirmation. 2689. American Sections, International Joint Commission, United States and Canada; funds for representation expenses and official entertainment within the United States. 2690. Foreign gifts; audit; reports to Congress. 2691. Repealed. 2692. Compensation for persons participating in State Department proceedings; availability of funds. 2693. Repealed. 2694. Limitation on purchase of gifts for foreign individuals; report to Speaker of the House and chairman of the Committee on Foreign Relations of the Senate. 2695. Agreements for consolidation of administrative services. 2696. Nondiscretionary personnel costs, currency fluctuations, and other contingencies. (a) Additional appropriations. (b) Appropriations authorization based on currency fluctuations. (c) Availability of appropriations until expended. (d) Accounts subject to percentage limitation. (e) Availability of funds for twelve-month contracts to be performed in two fiscal years. 2697. Acceptance of gifts on behalf of United States. (a) Unconditional and conditional gifts. (b) Disposition. (c) Evidences of unconditional gift of intangible personal property. (d) Use of real property or tangible personal property received unconditionally. (e) Taxation. (f) Availability of statutory authorities to Directors of other agencies. 2698. Procurement of legal services. 2699. Employment opportunities for family members. 2700. Use of vehicles. 2701. Educational facilities. 2702. Malpractice protection. (a) Exclusiveness of designated remedies. (b) Defense of civil actions by United States; delivery of process; furnishing of copies of pleadings. (c) Removal of actions; remand or dismissal; suspension of limitations. (d) Compromise or settlement of claims. (e) Inapplicability of section 2680(h) of title 28. (f) Holding harmless or providing for liability insurance. (g) Medical care or related service within scope of employment. 2703. Services and facilities for employees at posts abroad. (a) Non-Government-operated services; applicability of other provisions of law. (b) Emergency commissary and mess services. (c) Availability; duplication of facilities and services. (d) Charges. (e) Child care facilities. 2704. Subsistence expenses. 2705. Documentation of citizenship. 2706. Reprograming of funds; notice requirements. 2707. International communications and information policy; assignment of responsibility; Office of the Coordinator for International Communications and Information Policy; establishment, etc. 2708. Reward; information; international terrorism. (a) Authorization of reward. (b) Rewards for information relating to international narcoterrorism and drug trafficking. (c) Reward limitation; Presidential approval. (d) Advice; consultation; Attorney General. (e) Certification; payment. (f) Officers or employees of government ineligible for reward. (g) Authorization of appropriations. (h) Report to Congress. (i) Definitions. 2709. Special agents. (a) General authority. (b) Agreement with Attorney General and firearms regulations. (c) Secret Service not affected. (d) Transmission of regulations to Congress. 2710. Expenses relating to participation in arbitrations of certain disputes. (a) International agreements. (b) Contracts abroad. 2711. Counterterrorism Protection Fund. (a) Authority. (b) Authorization of appropriations. (c) Designation of Fund. 2712. Authority to control certain terrorism-related services. (a) Authority. (b) Services subject to control. (c) Persons subject of controls. (d) Licenses. (e) Definitions. (f) Violations. (g) Congressional oversight. (h) Relationship to other laws. 2713. Protection of historic and artistic furnishings of reception areas of the Department of State Building. (a) In general. (b) Disposition of historic and artistic items. (c) 'Reception areas' defined. 2714. Denial of passports to certain convicted drug traffickers. (a) Ineligibility for passport. (b) Drug law offenses. (c) Period of ineligibility. (d) Emergency and humanitarian exceptions. (e) Definitions. 2715. Procedures regarding major disasters and incidents abroad affecting United States citizens. 2716. Debt collection. (a) Contract authority. (b) Disclosure of delinquent debt to credit reporting agencies. 2717. Munitions control registration fees. (a) Munitions control registration fees. (b) Budget Act compliance. 2718. Fees received for use of Blair House. (a) Use of fees. (b) Compliance with Budget Act. 2719. Grants for training and education in international affairs. ------DocID 31709 Document 17 of 965------ -CITE- 25 USC Sec. 38 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 38. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028 -MISC1- Section, R.S. Sec. 2061, related to visits to Washington, D.C., by agents in California. ------DocID 33551 Document 18 of 965------ -CITE- 26 USC Sec. 38 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart D -HEAD- Sec. 38. General business credit -STATUTE- (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of - (1) the business credit carryforwards carried to such taxable year, (2) the amount of the current year business credit, plus (3) the business credit carrybacks carried to such taxable year. (b) Current year business credit For purposes of this subpart, the amount of the current year business credit is the sum of the following credits determined for the taxable year: (1) the investment credit determined under section 46, (2) the targeted jobs credit determined under section 51(a), (3) the alcohol fuels credit determined under section 40(a), (4) the research credit determined under section 41(a), (5) the low-income housing credit determined under section 42(a), (6) the enhanced oil recovery credit under section 43(a), plus (7) in the case of an eligible small business (as defined in section 44(b)), the disabled access credit determined under section 44(a). (c) Limitation based on amount of tax (1) In general The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of the taxpayer's net income tax over the greater of - (A) the tentative minimum tax for the taxable year, or (B) 25 percent of so much of the taxpayer's net regular tax liability as exceeds $25,000. For purposes of the preceding sentence, the term 'net income tax' means the sum of the regular tax liability and the tax imposed by section 55, reduced by the credits allowable under subparts A and B of this part, and the term 'net regular tax liability' means the regular tax liability reduced by the sum of the credits allowable under subparts A and B of this part. (2) Special rules (A) Married individuals In the case of a husband or wife who files a separate return, the amount specified under subparagraph (B) of paragraph (1) shall be $12,500 in lieu of $25,000. This subparagraph shall not apply if the spouse of the taxpayer has no business credit carryforward or carryback to, and has no current year business credit for, the taxable year of such spouse which ends within or with the taxpayer's taxable year. (B) Controlled groups In the case of a controlled group, the $25,000 amount specified under subparagraph (B) of paragraph (1) shall be reduced for each component member of such group by apportioning $25,000 among the component members of such group in such manner as the Secretary shall by regulations prescribe. For purposes of the preceding sentence, the term 'controlled group' has the meaning given to such term by section 1563(a). (C) Limitations with respect to certain persons In the case of a person described in subparagraph (A) or (B) of section 46(e)(1) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990), the $25,000 amount specified under subparagraph (B) of paragraph (1) shall equal such person's ratable share (as determined under section 46(e)(2) (as so in effect) of such amount. (D) Estates and trusts In the case of an estate or trust, the $25,000 amount specified under subparagraph (B) of paragraph (1) shall be reduced to an amount which bears the same ratio to $25,000 as the portion of the income of the estate or trust which is not allocated to beneficiaries bears to the total income of the estate or trust. (d) Ordering rules For purposes of any provision of this title where it is necessary to ascertain the extent to which the credits determined under any section referred to in subsection (b) are used in a taxable year or as a carryback or carryforward - (1) In general The order in which such credits are used shall be determined on the basis of the order in which they are listed in subsection (b) as of the close of the taxable year in which the credit is used. (2) Components of investment credit The order in which the credits listed in section 46 are used shall be determined on the basis of the order in which such credits are listed in section 46 as of the close of the taxable year in which the credit is used. (3) Credits no longer listed For purposes of this subsection - (A) the credit allowable by section 40, as in effect on the day before the date of the enactment of the Tax Reform Act of 1984, (relating to expenses of work incentive programs) and the credit allowable by section 41(a), as in effect on the day before the date of the enactment of the Tax Reform Act of 1986, (relating to employee stock ownership credit) shall be treated as referred to in that order after the last paragraph of subsection (b), and (B) the credit determined under section 46 - (i) to the extent attributable to the employee plan percentage (as defined in section 46(a)(2)(E) as in effect on the day before the date of the enactment of the Tax Reform Act of 1984) shall be treated as a credit listed after paragraph (1) of section 46, and (ii) to the extent attributable to the regular percentage (as defined in section 46(b)(1) as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall be treated as the first credit listed in section 46. -SOURCE- (Added and amended Pub. L. 98-369, div. A, title IV, Sec. 473, title VI, Sec. 612(e)(1), July 18, 1984, 98 Stat. 827, 912; Pub. L. 99-514, title II, Sec. 221(a), 231(d)(1), (3)(B), 252(b), title VII, Sec. 701(c)(4), title XI, Sec. 1171(b)(1), (2), Oct. 22, 1986, 100 Stat. 2173, 2178, 2179, 2205, 2341, 2513; Pub. L. 100-647, title I, Sec. 1002(e)(8)(A), 1007(g)(2), (8), Nov. 10, 1988, 102 Stat. 3368, 3434, 3435; Pub. L. 101-508, title XI, Sec. 11511(b)(1), 11611(b)(1), 11813(b)(2), Nov. 5, 1990, 104 Stat. 1388-485, 1388-503, 1388-551.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsecs. (c)(2)(C) and (d)(3)(B)(ii), is the date of enactment of Pub. L. 101-508, which was approved Nov. 5, 1990. The date of the enactment of the Tax Reform Act of 1984, referred to in subsec. (d)(3)(A), (B)(i), is the date of enactment of Pub. L. 98-369, which was approved July 18, 1984. The date of the enactment of the Tax Reform Act of 1986, referred to in subsec. (d)(3)(A), is the date of enactment of Pub. L. 99-514, which was approved Oct. 22, 1986. -MISC2- PRIOR PROVISIONS A prior section 38, added Pub. L. 87-834, Sec. 2(a), Oct. 16, 1962, 76 Stat. 962, and amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, which related to investment in certain depreciable property, was repealed by Pub. L. 98-369, div. A, title IV, Sec. 474(m)(1), July 18, 1984, 98 Stat. 833. Another prior section 38 was renumbered section 35 of this title. AMENDMENTS 1990 - Subsec. (b)(1). Pub. L. 101-508, Sec. 11813(b)(2)(A), substituted 'section 46' for 'section 46(a)'. Subsec. (b)(4). Pub. L. 101-508, Sec. 11511(b)(1), struck out 'plus' at end. Subsec. (b)(5). Pub. L. 101-508, Sec. 11611(b)(1), struck out 'plus' at end. Pub. L. 101-508, Sec. 11511(b)(1), substituted ', plus' for period at end. Subsec. (b)(6). Pub. L. 101-508, Sec. 11611(b)(1), substituted ', plus' for period at end. Pub. L. 101-508, Sec. 11511(b)(1), added par. (6). Subsec. (b)(7). Pub. L. 101-508, Sec. 11611(b)(1), added par. (7). Subsec. (c)(2). Pub. L. 101-508, Sec. 11813(b)(2)(B), redesignated par. (3) as (2) and struck out former par. (2) which permitted an offset of regular investment tax credit against 25 percent of minimum tax. Subsec. (c)(2)(C). Pub. L. 101-508, Sec. 11813(b)(2)(C), inserted '(as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990)' after '46(e)(1)' and '(as so