I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 03:58:37. Database: USCODE Search: (41:CITE) ------DocID 44564 Document 1 of 261------ -CITE- 41 USC TITLE 41 -EXPCITE- TITLE 41 -HEAD- TITLE 41 - PUBLIC CONTRACTS -MISC1- Chap. Sec. 1. General Provisions 1 2. Termination of War Contracts 101 3. Procurement of Supplies and Services by Armed Services (Repealed) 151 4. Procurement Procedures 201 5. Judicial Review of Administrative Decisions 321 6. Service Contract Labor Standards 351 7. Office of Federal Procurement Policy 401 8. Federal Grants and Cooperative Agreements (Repealed) 501 9. Contract Disputes 601 10. Drug-Free Workplace 701 -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 12 section 1441a. ------DocID 44616 Document 2 of 261------ -CITE- 41 USC Sec. 41 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 41. 'Person' defined in Walsh-Healey provisions -STATUTE- Whenever used in sections 35 to 45 of this title, the word 'person' includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers. -SOURCE- (June 30, 1936, ch. 881, Sec. 7, 49 Stat. 2039; Nov. 6, 1978, Pub. L. 95-598, title III, Sec. 326, 92 Stat. 2679.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-598 substituted 'trustees in cases under title 11' for 'trustees in bankruptcy'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 43a of this title. ------DocID 8161 Document 3 of 261------ -CITE- 5 USC CHAPTER 41 -EXPCITE- TITLE 5 PART III Subpart C CHAPTER 41 -HEAD- CHAPTER 41 - TRAINING -MISC1- Sec. 4101. Definitions. 4102. Exceptions; Presidential authority. 4103. Establishment of training programs. 4104. Government facilities; use of. 4105. Non-Government facilities; use of. 4106. Non-Government facilities; amount of training limited. 4107. Non-Government facilities; restrictions. 4108. Employee agreements; service after training. 4109. Expenses of training. 4110. Expenses of attendance at meetings. 4111. Acceptance of contributions, awards, and other payments. 4112. Absorption of costs within funds available. 4113. Agency review of training needs; annual program reports. 4114. Non-Government facilities; review of training programs. 4115. Collection of training information. 4116. Training program assistance. 4117. Administration. 4118. Regulations. 4119. Training for employees under the Office of the Architect of the Capitol and the Botanic Garden. AMENDMENTS 1982 - Pub. L. 97-346, Sec. 1(b), Oct. 15, 1982, 96 Stat. 1647, added item 4119. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3381 of this title; title 18 section 209; title 26 section 4941; title 38 section 1781; title 49 App. sections 1354, 1903. ------DocID 10279 Document 4 of 261------ -CITE- 7 USC CHAPTER 41 -EXPCITE- TITLE 7 CHAPTER 41 -HEAD- CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE -MISC1- Sec. 1691. United States policy. 1691a. Global food aid needs. SUBCHAPTER I - BARTER 1692. Transferred. 1693 to 1697. Repealed. SUBCHAPTER II - TRADE AND DEVELOPMENT ASSISTANCE 1701. Trade and development assistance. (a) In general. (b) General authority. 1702. Eligible countries. (a) In general. (b) Priority. 1703. Terms and conditions of sales. (a) Payment. (b) Interest. (c) Duration. (d) Deferral of payments. (e) Delivery of commodities. 1704. Use of local currency payment. (a) In general. (b) Special account. (c) Activities. (d) Fiscal requirements regarding use of local currencies. 1704a. Agreements for use of foreign currencies; reports to Congress. 1704b. Repealed. 1704c. Payments by Secretary of Defense in liquidation of amount due for foreign currencies. 1705. Value-added foods. (a) Policy. (b) Partial waiver of repayment. (c) Minimize impact. 1706. Debt-for-health-and-protection swap. (a) 'Debt-for-health-and-protection swap' defined. (b) Assistance for commercial debt swap. (c) Eligible projects. (d) Terms and conditions of exchange. (e) Authorization of appropriations. 1707 to 1715. Omitted or Repealed. SUBCHAPTER III - EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS 1721. General authority. 1722. Provision of agricultural commodities. (a) Emergency assistance. (b) Non-emergency assistance. (c) Uses of assistance. (d) Eligible organizations. (e) Support for private voluntary organizations and cooperatives. (f) Effective use of commodities. (g) Labeling. 1723. Generation and use of foreign currencies by private voluntary organizations and cooperatives. (a) Local sale and barter of commodities. (b) Minimum level of local sales. (c) Description of intended uses. (d) Use. 1724. Levels of assistance. (a) Minimum levels. (b) Use of value-added commodities. 1725. Food Aid Consultative Group. (a) Establishment. (b) Membership. (c) Chairperson. (d) Consultations. (e) Advisory Committee Act. (f) Termination. 1726. Maximum level of expenditures. (a) Maximum expenditures. (b) Waiver by President. 1726a. Administration. (a) Proposals. (b) Notice and comment. (c) Regulations. (d) Deadline for submission of commodity orders. 1726b. Omitted. SUBCHAPTER III-A - FOOD FOR DEVELOPMENT 1727. Bilateral grant program. (a) In general. (b) General authority. 1727a. Eligible countries. (a) Least developed countries. (b) Indicators of food deficit countries. (c) Priority. 1727b. Grant programs. 1727c. Direct uses or sales of commodities. 1727d. Local currency accounts. (a) Retention of proceeds. (b) Ownership and programming of accounts. (c) Overall development strategy. 1727e. Use of local currency proceeds. (a) In general. (b) Support of indigenous nongovernmental organizations. (c) Investment of local currencies by nongovernmental organizations. (d) Support for certain educational institutions. 1727f, 1727g. Omitted. SUBCHAPTER III-B - EMERGENCY FOOD ASSISTANCE 1728. Findings regarding emergency food assistance. 1728a. President's Emergency Food Assistance Fund. (a) Establishment; authority of President to furnish assistance from Fund. (b) Types of assistance authorized. (c) Authorization of appropriations. (d) Authority of President. 1728b. Reports on emergency food assistance. SUBCHAPTER IV - GENERAL AUTHORITIES AND REQUIREMENTS 1731. Commodity determinations. (a) Available commodities. (b) Modification. (c) Commodities not available. (d) Policies for implementing chapter. (e) Ineligible commodities. (f) Market development activities. 1732. Definitions. 1733. General provisions. (a) Prohibition. (b) Consultations. (c) Transshipment. (d) Private trade channels and small business. (e) World prices. (f) Publicity. (g) Participation of private sector. (h) Safeguard usual marketings. (i) Military distribution of food aid. (j) Violations of human rights. (k) Abortion prohibition. 1734. Agreements. (a) In general. (b) Terms of agreement. (c) Multi-year agreements. (d) Review of agreements. 1735. Consultation. 1736. Use of Commodity Credit Corporation. (a) In general. (b) Included expenses. (c) Commodity Credit Corporation. (d) Availability of funds. 1736-1. Special Assistant for Agricultural Trade and Food Assistance. (a) Appointment by President. (b) Service in Executive Office of President. (c) Required functions. (d) Compensation. 1736a. Administrative provisions. (a) Subchapter II programs. (b) Reporting of fees. (c) Agents. (d) Subchapters III and III-A program. (e) Timing of shipments. (f) Deadline for agreements under Subchapters II and III-A of this chapter. (g) Annual reports. (h) World Food Day report. 1736b. Expiration date. 1736c. Regulations. 1736d. Independent evaluation of programs. (a) Subchapter II program. (b) Subchapter III program. (c) Subchapter III-A program. (d) Report to Congress. 1736e. Debt forgiveness. (a) Authority. (b) Request for debt relief by President. (c) Appropriations action required. (d) Limitation on new credit assistance. (e) Applicability. 1736f. Authorization of appropriations. (a) Reimbursement. (b) Limitations. (c) Transfer of funds. (d) Budget. (e) Value of commodities. 1736f-1. Food security wheat reserve. (a) Establishment by President. (b) Initial establishment by designation of wheat owned by Commodity Credit Corporation; replenishment by purchase or by designation of wheat acquired by Corporation. (c) Release of wheat stocks by President for emergency food assistance to developing countries. (d) Release of wheat to meet famine or other relief requirements. (e) Management of wheat in reserve to avoid spoilage. (f) Wheat in reserve as part of total domestic supply for purposes of other laws. (g) Use of Commodity Credit Corporation funds, facilities, and authorities; reimbursement of Corporation. (h) Finality of determinations by President or Secretary. (i) Expiration of authority to replenish stocks of wheat; disposal of remaining stocks. 1736g. Coordination of foreign assistance programs. 1736g-1. Assistance in furtherance of narcotics control objectives of United States. (a) Substantial injury. (b) Exception for narcotics control. 1736h. Congressional consultation on bilateral commodity supply agreements. 1736i to 1736k. Repealed. 1736l. Consultation on grain marketing. 1736m. Expansion of international markets for United States agricultural commodities and products; purposes; implementation authorities. 1736n. Increased usage of protein byproducts derived from alcohol fuel production. (a) Purposes. (b) Investigative authorities. (c) Additional investigative authorities. (d) Reporting requirements. 1736o. Food for progress. (a) Short title. (b) Agreements with developing countries and emerging democracies to furnish commodities. (c) 'Commodities' defined. (d) Considerations for agreements. (e) Availability of commodities; financing sale and exportation of commodities; payment of costs and charges. (f) Provision to developing countries on grant basis; minimum metric ton amount available; purchase of commodities by Commodity Credit Corporation; funds for implementation; cost of commodities and expenses. (g) Maximum amount of metric tons of commodities to be furnished. (h) Prohibition on resale of transshipment of commodities. (i) Agreements not to displace other sales of United States commodities. (j) Agreements for distribution or sale on multiyear basis. (k) Redesignated (j) (l) Effective and termination dates. (m) Additional assistance in administration of food assistance programs. 1736p. Trade policy declaration. (a) Congressional findings. (b) Congressional declaration of policy. 1736q. Trade liberalization. (a) Congressional findings. (b) Sense of Congress. 1736r. Agricultural trade consultations. (a) Effecutation of purposes by Secretary of Agriculture in coordination with United States Trade Representative. (b) Sense of Congress for objectives of consultations. (c) Reporting requirements. 1736s, 1736t. Repealed. 1736u. Cooperator market development program. (a) Sense of Congress. (b) Exemption from requirements of OMB circular. 1736v to 1736x. Repealed. 1736y. Contract sanctity and producer embargo protection. 1736z, 1736aa. Repealed. 1736bb. Agricultural aid and trade missions. (a) Establishment. (b) Composition. (c) Terms. (d) Compensation and travel expenses. 1736bb-1. Required and additional missions; eligible countries. (a) Required missions. (b) Additional missions. (c) Criteria. (d) Eligibility of Poland. 1736bb-2. Functions. 1736bb-3. Mission reports. 1736bb-4. Progress reports. 1736bb-5. Authorization of appropriations. 1736bb-6. Definitions. 1736cc. Repealed. SUBCHAPTER V - FARMER-TO-FARMER PROGRAM 1737. Farmer-to-farmer program. (a) In general. (b) Definitions. (c) Minimum funding. SUBCHAPTER VI - ENTERPRISE FOR THE AMERICAS INITIATIVE 1738. Establishment of Facility. 1738a. Purpose. 1738b. Eligibility for benefits under Facility. (a) Requirements. (b) Eligibility determination. 1738c. Reduction of certain debt. (a) Authority to reduce debt. (b) Limitation. (c) Exchange of obligations. 1738d. Repayment of principal. (a) Currency of payment. (b) Deposit of payments. 1738e. Interest of new obligations. (a) Rate of interest. (b) Currency of payment, deposits. (c) Interest previously paid. 1738f. Environmental framework agreements. (a) Authority. (b) Requirements. (c) Administering body. 1738g. Enterprise for the Americas environmental funds. (a) Establishment. (b) Investment. 1738h. Disbursement of environmental funds. 1738i. Environment for the Americas Board. (a) Establishment. (b) Membership and chairperson. (c) Responsibilities. 1738j. Oversight. 1738k. Eligible activities and grantees. (a) Eligible entities. (b) Regulation. (c) Setting of priorities. (d) Grants. (e) Priority. 1738l. Encouraging multilateral debt donations. (a) Encouraging donations from official creditors. (b) Encouraging donations from other sources. 1738m. Annual report to Congress. -CROSS- CROSS REFERENCES Dairy products and wheat from Commodity Credit Corporation stocks, costs of distribution to be in addition to levels of assistance programmed under this chapter, see section 1431(b) of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1431, 1446c-1, 1736f-1, 1736n, 1736o, 1765b, 5201, 5603, 5693, 5713 of this title; title 13 section 301; title 16 section 1537; title 22 sections 1922, 2151a, 2167, 2292n, 2353, 2354, 2362, 2370, 2371, 2394, 2455, 2775, 5413, 5425; title 46 App. section 1241f. ------DocID 11478 Document 5 of 261------ -CITE- 8 USC Sec. 41 to 43 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- Sec. 41 to 43. Transferred -COD- CODIFICATION Sections 41 to 43 transferred to sections 1981 to 1983, respectively, of Title 42, The Public Health and Welfare. ------DocID 12097 Document 6 of 261------ -CITE- 10 USC CHAPTER 41 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 41 -HEAD- CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES -MISC1- Sec. 711. Senior members of Military Staff Committee of United Nations: appointment. 711a. American National Red Cross: detail of commissioned officers. 712. Foreign governments: detail to assist. 713. State Department: assignment or detail as couriers and building inspectors. (714. Repealed.) 715. Reserve components: detail of members of regular and reserve components to assist. 716. Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service. 717. Members of the armed forces: participation in international sports. (718. Repealed.) 719. Department of Commerce: assignment or detail of members of the armed forces to National Oceanic and Atmospheric Administration. 720. Chief of Staff to President: appointment. AMENDMENTS 1986 - Pub. L. 99-433, title I, Sec. 110(a)(2), Oct. 1, 1986, 100 Stat. 1001, struck out item 718 'Secretary of Defense: detail of officers to assist'. 1983 - Pub. L. 98-94, title X, Sec. 1007(a)(2), Sept. 24, 1983, 97 Stat. 662, included reference to the Public Health Service in item 716. 1980 - Pub. L. 96-513, title V, Sec. 501(9)(B), 511(23)(C), Dec. 12, 1980, 94 Stat. 2908, 2922, substituted 'assignment or detail of members of the armed forces to National Oceanic and Atmospheric Administration' for 'assignment or detail to Environmental Science Services Administration' in item 719 and added item 720. Pub. L. 96-215, Sec. 2(b), Mar. 25, 1980, 94 Stat. 123, inserted 'and to and from National Oceanic and Atmospheric Administration' after 'between armed forces' in item 716. 1970 - Pub. L. 91-392, Sec. 2, Sept. 1, 1970, 84 Stat. 834, substituted 'armed forces' for 'Army, Navy, Air Force, and Marine Corps' in item 716. 1968 - Pub. L. 90-235, Sec. 4(a)(1)(B), Jan. 2, 1968, 81 Stat. 759, added item 711a. 1966 - Pub. L. 89-683, Sec. 1(2), Oct. 15, 1966, 80 Stat. 960, added item 719. 1962 - Pub. L. 87-651, title I, Sec. 103(b), title II, Sec. 205(b), Sept. 7, 1962, 76 Stat. 508, 519, redesignated item 716, relating to participation of members of the armed forces in international sports, as 717, and added item 718. 1960 - Pub. L. 86-533, Sec. 1(5)(B), June 29, 1960, 74 Stat. 246, repealed item 714 'Reports to Congress on length of tours of duty outside United States by members of Army and Air Force'. 1958 - Pub. L. 85-861, Sec. 1(18), Sept. 2, 1958, 72 Stat. 1442, added item 716, relating to participation of members of the armed forces in international sports. Pub. L. 85-599, Sec. 11(1), Aug. 6, 1958, 72 Stat. 521, added item 716, relating to transfers of commissioned officers. -CROSS- CROSS REFERENCES Particular provisions relating to special assignments, etc. - Air Force, see section 8541 et seq. of this title. Army, see section 3533 et seq. of this title. Coast Guard, see section 148 et seq. of Title 14, Coast Guard. National Guard, see section 316 of Title 32, National Guard. Navy, see section 5983 et seq. of this title. ------DocID 14632 Document 7 of 261------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 41 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS HEARINGS -HEAD- Rule 41. Photographing, Televising, or Broadcasting of Hearings -STATUTE- (a) The photographing, broadcasting, or televising of any session of the Court or other activity relating thereto is prohibited within the confines of the courthouse unless authorized by the Court. (b) Any violation of this rule will be deemed a contempt of this Court and, after due notice and hearing, may be punished accordingly. See 18 U.S.C. Sec. 401. ------DocID 15209 Document 8 of 261------ -CITE- 12 USC Sec. 41 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 41. Guam; extension of National Bank Act -STATUTE- The National Bank Act (12 U.S.C. 21 et seq.), and all other Acts of Congress relating to national banks, shall, insofar as not locally inapplicable after August 1, 1956, apply to Guam. -SOURCE- (Aug. 1, 1956, ch. 852, Sec. 2, 70 Stat. 908.) -REFTEXT- REFERENCES IN TEXT The National Bank Act, referred to in text, is 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. ------DocID 16907 Document 9 of 261------ -CITE- 12 USC CHAPTER 41 -EXPCITE- TITLE 12 CHAPTER 41 -HEAD- CHAPTER 41 - EXPEDITED FUNDS AVAILABILITY -MISC1- Sec. 4001. Definitions. 4002. Expedited funds availability schedules. (a) Next business day availability for certain deposits. (b) Permanent schedule. (c) Temporary schedule. (d) Time period adjustments. (e) Deposits at ATM. (f) Check return; notice of nonpayment. 4003. Safeguard exceptions. (a) New accounts. (b) Large or redeposited checks; repeated overdrafts. (c) Reasonable cause exception. (d) Emergency conditions. (e) Prevention of fraud losses. (f) Notice of exception; availability within reasonable time. 4004. Disclosure of funds availability policies. (a) Notice for new accounts. (b) Preprinted deposit slips. (c) Mailing of notice. (d) Posting of notice. (e) Notice of interest payment policy. (f) Model disclosure forms. 4005. Payment of interest. (a) In general. (b) Special rule for credit unions. (c) Exception for checks returned unpaid. 4006. Miscellaneous provisions. (a) After-hours deposits. (b) Availability at start of business day. (c) Effect on policies of depository institutions. (d) Prohibition on freezing certain funds in an account. (e) Employee training on and compliance with requirements of this chapter. 4007. Effect on State law. (a) In general. (b) Override on certain State laws. 4008. Regulations and reports by Board. (a) In general. (b) Regulations relating to improvement of check processing system. (c) Regulatory responsibility of Board for payment system. (d) Reports. (e) Consultation. (f) Electronic clearinghouse study. 4009. Administrative enforcement. (a) Administrative enforcement. (b) Additional powers. (c) Enforcement by Board. (d) Procedural rules. 4010. Civil liability. (a) Civil liability. (b) Class action awards. (c) Bona fide errors. (d) Jurisdiction. (e) Reliance on Board rulings. (f) Authority to establish rules regarding losses and liability among depository institutions. ------DocID 17005 Document 10 of 261------ -CITE- 13 USC Sec. 41 -EXPCITE- TITLE 13 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 41. Collection and publication -STATUTE- The Secretary shall collect and publish statistics concerning the - (1) amount of cotton ginned; (2) quantity of raw cotton consumed in manufacturing establishments of every character; (3) quantity of baled cotton on hand; (4) number of active consuming cotton spindles; (5) number of active spindle hours; and (6) quantity of cotton imported and exported, with the country of origin and destination. -SOURCE- (Aug. 31, 1954, ch. 1158, 68 Stat. 1016.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., Sec. 71 (Apr. 2, 1924, ch. 80, Sec. 1, 43 Stat. 31; June 18, 1929, ch. 28, Sec. 21, 46 Stat. 26). 'Secretary' was substituted for 'Director of the Census' to conform with 1950 Reorganization Plan No. 5, Sec. 1, 2, effective May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title. Changes were made in phraseology and arrangement. ------DocID 17077 Document 11 of 261------ -CITE- 14 USC Sec. 41 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 41. Grades and ratings -STATUTE- In the Coast Guard there shall be an admiral, vice admirals; rear admirals; rear admirals (lower half); captains; commanders; lieutenant commanders; lieutenants; lieutenants (junior grade); ensigns; chief warrant officers, W-4; chief warrant officers, W-3; chief warrant officers, W-2; cadets; warrant officers, W-1; and enlisted members. Enlisted members shall be distributed in ratings established by the Secretary. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 497; Aug. 10, 1956, ch. 1041, Sec. 6, 53, 70A Stat. 620, 679; May 14, 1960, Pub. L. 86-474, Sec. 1(1), 74 Stat. 144; Oct. 2, 1972, Pub. L. 92-451, Sec. 1(1), 86 Stat. 755; Jan. 4, 1983, Pub. L. 97-417, Sec. 2(1), 96 Stat. 2085; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(B), (C), 98 Stat. 2865; Nov. 8, 1985, Pub. L. 99-145, title V, Sec. 514(a)(2), 99 Stat. 628.) -MISC1- HISTORICAL AND REVISION NOTES 1949 ACT Based on title 14, U.S.C., 1946 ed., Sec. 5, 9, 21 (Apr. 12, 1902, ch. 501, Sec. 1, 32 Stat. 100; Jan. 28, 1915, ch. 20, Sec. 2, 38 Stat. 801; May 18, 1920, ch. 190, Sec. 8, 41 Stat. 603; June 5, 1920, ch. 235, Sec. 1, 41 Stat. 879; Jan. 12, 1923, ch. 25, Sec. 1, 2, 42 Stat. 1130; July 3, 1926, ch. 742, Sec. 3, 9, 10, 44 Stat. 815, 817). The grades of vice admiral and rear admiral are added to make provision for the commissioned officer personnel structure of the service as provided for in this revision. The entire rating structure for enlisted men is left to the administrative discretion of the Secretary, as in the past, for reasons of flexibility. The last two paragraphs of said section 5 are obsolete and have been omitted. Changes were made in phraseology. 81st Congress, House Report No. 557. 1956 Act --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 41 14:41. Aug. 4, 1949, ch. 393, Sec. 1(41), 63 Stat. 497. 34:135a(a) (less last May 29, 1954, ch. sentence, as 249, Sec. 3(a) (less applicable to 3d and last temporary sentences, as appointments). applicable to temporary appointments), 68 Stat. 157. ------------------------------- AMENDMENTS 1985 - Pub. L. 99-145 substituted 'rear admirals (lower half)' for 'commodores'. 1984 - Pub. L. 98-557 substituted 'members' for 'men' in two places. 1983 - Pub. L. 97-417 inserted 'commodores;' after 'rear admirals;'. 1972 - Pub. L. 92-451 substituted 'vice admirals' for 'a vice admiral'. 1960 - Pub. L. 86-474 inserted the grade of admiral. 1956 - Act Aug. 10, 1956, repealed and reenacted section by general amendment thereby substituting 'chief warrant officers, W-4; chief warrant officers, W-3; chief warrant officers, W-2' for 'commissioned warrant officers', and 'warrant officers, W-1' for 'warrant officers'. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as a note under section 290 of this title. -CROSS- CROSS REFERENCES Enlisted men, see section 350 et seq. of this title. Officers, see section 211 et seq. of this title. Pay and allowances of officers, see section 461 of this title. ------DocID 17481 Document 12 of 261------ -CITE- 15 USC Sec. 41 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 41. Federal Trade Commission established; membership; vacancies; seal -STATUTE- A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified. The President shall choose a chairman from the Commission's membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have an official seal, which shall be judicially noticed. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 1, 38 Stat. 717; Mar. 21, 1938, ch. 49, Sec. 1, 52 Stat. 111; 1950 Reorg. Plan No. 8, Sec. 3, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265.) -MISC1- AMENDMENTS 1938 - Act Mar. 21, 1938, inserted proviso clause to third sentence. -TRANS- TRANSFER OF FUNCTIONS Executive and administrative functions of Federal Trade Commission, with certain reservations, transferred to Chairman of such Commission by Reorg. Plan No. 8 of 1950, set out below. Functions of Federal Trade Commission (1) under Flammable Fabrics Act (section 1191 et seq. of this title) and under this subchapter to extent that such functions relate to administration of Flammable Fabrics Act, and (2) under Act of August 2, 1956, (section 1211 et seq. of this title), transferred to Consumer Product Safety Commission by section 30 of Act Oct. 27, 1972, Pub. L. 92-573 (section 2079 of this title). By section 3 of act Sept. 26, 1914, Bureau of Corporations abolished and all employees and functions of said Bureau transferred to Federal Trade Commission. REORGANIZATION PLAN NO. 8 OF 1950 EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1264 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). FEDERAL TRADE COMMISSION -MISC5- SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN (a) Subject to the provisions of subsection (b) of this section, there are hereby transferred from the Federal Trade Commission, hereinafter referred to as the Commission, to the Chairman of the Commission, hereinafter referred to as the Chairman, the executive and administrative functions of the Commission, including functions of the Commission with respect to (1) the appointment and supervision of personnel employed under the Commission, (2) the distribution of business among such personnel and among administrative units of the Commission, and (3) the use and expenditure of funds. (b)(1) In carrying out any of his functions under the provisions of this section the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (2) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission. (3) Personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chairman shall not be affected by the provisions of this reorganization plan. (4) There are hereby reserved to the Commission its functions with respect to revising budget estimates and with respect to determining upon the distribution of appropriated funds according to major programs and purposes. SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any function transferred to the Chairman by the provisions of this reorganization plan. SEC. 3. DESIGNATION OF CHAIRMAN The functions of the Commission with respect to choosing a Chairman from among the membership of the Commission are hereby transferred to the President. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 8 of 1950, prepared in accordance with the Reorganization Act of 1949 and providing for reorganizations in the Federal Trade Commission. My reasons for transmitting this plan are stated in any accompanying general message. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 8 of 1950 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. The taking effect of the reorganizations included in this plan may not in itself result in substantial immediate savings. However, many benefits in improved operations are probable during the next years which will result in a reduction in expenditures as compared with those that would be otherwise necessary. An itemization of these reductions in advance of actual experience under this plan is not practicable. Harry S. Truman. REORGANIZATION PLAN NO. 4 OF 1961 EFF. JULY 9, 1961, 26 F.R. 6191, 75 STAT. 837 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 9, 1961, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et seq.). FEDERAL TRADE COMMISSION SECTION 1. AUTHORITY TO DELEGATE (a) In addition to its existing authority, the Federal Trade Commission, hereinafter referred to as the 'Commission', shall have the authority to delegate, by published order or rule, any of its functions to a division of the Commission, an individual Commissioner, a hearing examiner, or an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business, or matter; Provided, however, That nothing herein contained shall be deemed to supersede the provisions of section 7(a) of the Administrative Procedure Act (60 Stat. 241), as amended (see 5 U.S.C. 556). (b) With respect to the delegation of any of its functions, as provided in subsection (a) of this section, the Commission shall retain a discretionary right to review the action of any such division of the Commission, individual Commissioner, hearing examiner, employee or employee board, upon its own initiative or upon petition of a party to or an intervenor in such action, within such time and in such manner as the Commission shall by rule prescribe: Provided, however, That the vote of a majority of the Commission less one member thereof shall be sufficient to bring any such action before the Commission for review. (c) Should the right to exercise such discretionary review be declined, or should no such review be sought within the time stated in the rules promulgated by the Commission, then the action of any such division of the Commission, individual Commissioner, hearing examiner, employee or employee board, shall, for all purposes, including appeal or review thereof, be deemed to be the action of the Commission. SEC. 2. TRANSFER OF FUNCTIONS TO THE CHAIRMAN In addition to the functions transferred by the provisions of Reorganization Plan No. 8 of 1950 (64 Stat. 1264) (set out as a note under this section), there are hereby transferred from the Commission to the Chairman of the Commission the functions of the Commission with respect to the assignment of Commission personnel, including Commissioners, to perform such functions as may have been delegated by the Commission to Commission personnel, including Commissioners, pursuant to section 1 of this reorganization plan. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 4 of 1961, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization in the Federal Trade Commission. This Reorganization Plan No. 4 of 1961 follows upon my message of April 13, 1961, to the Congress of the United States. It is believed that the taking effect of the reorganizations included in this plan will provide for greater efficiency in the dispatch of the business of the Federal Trade Commission. The plan provides for greater flexibility in the handling of the business before the Commission, permitting its disposition at different levels so as better to promote its efficient dispatch. Thus matters both of an adjudicatory and regulatory nature may, depending upon their importance and their complexity, be finally consummated by divisions of the Commission, individual Commissioners, hearing examiners, and, subject to the provisions of section 7(a) of the Administrative Procedure Act (60 Stat. 241), by other employees. This will relieve the Commissioners from the necessity of dealing with many matters of lesser importance and thus conserve their time for the consideration of major matters of policy and planning. There is, however, reserved to the Commission as a whole the right to review any such decision, report or certification either upon its own initiative or upon the petition of a party or intervenor demonstrating to the satisfaction of the Commission the desirability of having the matter reviewed at the top level. Provision is also made, in order to maintain the fundamental bipartisan concept explicit in the basic statute creating the Commission, for mandatory review of any such decision, report or certification upon the vote of a majority of the Commission less one member. Inasmuch as the assignment of delegated functions in particular cases and with reference to particular problems to divisions of the Commission, to Commissioners, to hearing examiners, to employees and boards of employees must require continuous and flexible handling, depending both upon the amount and nature of the business, that function is placed in the Chairman by section 2 of the plan. By providing sound organizational arrangements, the taking effect of the reorganizations included in the accompanying reorganization plan will make possible more economical and expeditious administration of the affected functions. It is, however, impracticable to itemize at this time the reductions of expenditures which it is probable will be brought about by such taking effect. After investigation, I have found and hereby declare that each reorganization included in the reorganization plan transmitted herewith is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I recommend that the Congress allow the reorganization plan to become effective. John F. Kennedy. -CROSS- CROSS REFERENCES Applicability of this subchapter to the insurance business, see section 1011 et seq. of this title. Compensation of Chairman and members, see sections 5314 and 5315 of Title 5, Government Organization and Employees. Jurisdiction of Commission in enforcement of Clayton Act, see section 21 of this title. Power of Commission under the Packers and Stockyards Act as restricted, see section 227 of Title 7, Agriculture. ------DocID 17783 Document 13 of 261------ -CITE- 15 USC Sec. 80a-41 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-41. Enforcement of subchapter -STATUTE- (a) Investigation The Commission may make such investigations as it deems necessary to determine whether any person has violated or is about to violate any provision of this subchapter or of any rule, regulation, or order hereunder, or to determine whether any action in any court or any proceeding before the Commission shall be instituted under this subchapter against a particular person or persons, or with respect to a particular transaction or transactions. The Commission shall permit any person to file with it a statement in writing, under oath or otherwise as the Commission shall determine, as to all the facts and circumstances concerning the matter to be investigated. (b) Administration of oaths and affirmations, subpena of witnesses, etc. For the purpose of any investigation or any other proceeding under this subchapter, any member of the Commission, or any officer thereof designated by it, is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, contracts, agreements, or other records which are relevant or material to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in any State or in any Territory or other place subject to the jurisdiction of the United States at any designated place of hearing. (c) Jurisdiction of courts of United States In case of contumacy by, or refusal to obey a subpena issued to, any person, the Commission may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, contracts, agreements, and other records. And such court may issue an order requiring such person to appear before the Commission or member or officer designated by the Commission, there to produce records, if so ordered, or to give testimony touching the matter under investigation or in question; any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found. Any person who without just cause shall fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, contracts, agreements, or other records, if in his or its power so to do, in obedience to the subpena of the Commission, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or both. (d) Action for injunction Whenever it shall appear to the Commission that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this subchapter, or of any rule, regulation, or order hereunder, it may in its discretion bring an action in the proper district court of the United States, or the proper United States court of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices and to enforce compliance with this subchapter or any rule, regulation, or order hereunder. Upon a showing that such person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction or decree or restraining order shall be granted without bond. In any proceeding under this subsection to enforce compliance with section 80a-7 of this title, the court as a court of equity may, to the extent it deems necessary or appropriate, take exclusive jurisdiction and possession of the investment company or companies involved and the books, records, and assets thereof, wherever located; and the court shall have jurisdiction to appoint a trustee, who with the approval of the court shall have power to dispose of any or all of such assets, subject to such terms and conditions as the court may prescribe. The Commission may transmit such evidence as may be available concerning any violation of the provisions of this subchapter or of any rule, regulation, or order thereunder, to the Attorney General, who, in his discretion, may institute the appropriate criminal proceedings under this subchapter. (e) Money penalties in civil actions (1) Authority of Commission Whenever it shall appear to the Commission that any person has violated any provision of this subchapter, the rules or regulations thereunder, or a cease-and-desist order entered by the Commission pursuant to section 80a-9(f) of this title, the Commission may bring an action in a United States district court to seek, and the court shall have jurisdiction to impose, upon a proper showing, a civil penalty to be paid by the person who committed such violation. (2) Amount of penalty (A) First tier The amount of the penalty shall be determined by the court in light of the facts and circumstances. For each violation, the amount of the penalty shall not exceed the greater of (i) $5,000 for a natural person or $50,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation. (B) Second tier Notwithstanding subparagraph (A), the amount of penalty for each such violation shall not exceed the greater of (i) $50,000 for a natural person or $250,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation, if the violation described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement. (C) Third tier Notwithstanding subparagraphs (A) and (B), the amount of penalty for each such violation shall not exceed the greater of (i) $100,000 for a natural person or $500,000 for any other person, or (ii) the gross amount of pecuniary gain to such defendant as a result of the violation, if - (I) the violation described in paragraph (1) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) such violation directly or indirectly resulted in substantial losses or created a significant risk of substantial losses to other persons. (3) Procedures for collection (A) Payment of penalty to Treasury A penalty imposed under this section shall be payable into the Treasury of the United States. (B) Collection of penalties If a person upon whom such a penalty is imposed shall fail to pay such penalty within the time prescribed in the court's order, the Commission may refer the matter to the Attorney General who shall recover such penalty by action in the appropriate United States district court. (C) Remedy not exclusive The actions authorized by this subsection may be brought in addition to any other action that the Commission or the Attorney General is entitled to bring. (D) Jurisdiction and venue For purposes of section 80a-43 of this title, actions under this paragraph shall be actions to enforce a liability or a duty created by this subchapter. (4) Special provisions relating to a violation of a cease-and-desist order In an action to enforce a cease-and-desist order entered by the Commission pursuant to section 80a-9(f) of this title, each separate violation of such order shall be a separate offense, except that in the case of a violation through a continuing failure to comply with the order, each day of the failure to comply shall be deemed a separate offense. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 42, 54 Stat. 842; Oct. 15, 1970, Pub. L. 91-452, title II, Sec. 215, 84 Stat. 929; Dec. 4, 1987, Pub. L. 100-181, title VI, Sec. 623, 101 Stat. 1262; Oct. 15, 1990, Pub. L. 101-429, title III, Sec. 302, 104 Stat. 945.) -MISC1- AMENDMENTS 1990 - Subsec. (e). Pub. L. 101-429 added subsec. (e). 1987 - Subsecs. (d), (e). Pub. L. 100-181 redesignated subsec. (e) as (d). 1970 - Subsec. (d). Pub. L. 91-452 struck out subsec. (d) which related to immunity from prosecution of any individual compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-429 effective Oct. 15, 1990, with provisions relating to civil penalties and accounting and disgorgement, see section 1(c)(1), (2) of Pub. L. 101-429, set out in a note under section 77g of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-452 effective on sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. SAVINGS PROVISION Amendment by Pub. L. 91-452 not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. -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- CROSS REFERENCES Enforcement under - Investment Advisers Act of 1940, see section 80b-9 of this title. Public Utility Holding Company Act of 1935, see section 79r of this title. Securities Act of 1933, see sections 77s, 77t, and 77v of this title. Securities Exchange Act of 1934, see section 78u of this title. Trust Indenture Act of 1939, see sections 77uuu and 77vvv of this title. Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 78u, 80a-6, 80a-58 of this title. ------DocID 18646 Document 14 of 261------ -CITE- 15 USC CHAPTER 41 -EXPCITE- TITLE 15 CHAPTER 41 -HEAD- CHAPTER 41 - CONSUMER CREDIT PROTECTION -MISC1- SUBCHAPTER I - CONSUMER CREDIT COST DISCLOSURE PART A - GENERAL PROVISIONS Sec. 1601. Congressional findings and declaration of purpose. (a) Informed use of credit. (b) Terms of personal property leases. 1602. Definitions and rules of construction. 1603. Exempted transactions. 1604. Disclosure guidelines. (a) Promulgation, contents, etc., of regulations. (b) Model disclosure forms and clauses; publication, criteria, compliance, etc. (c) Procedures applicable for adoption of model forms and clauses. (d) Effective dates of regulations containing new disclosure requirements. 1605. Determination of finance charge. (a) 'Finance charge' defined. (b) Life, accident, or health insurance premiums included in finance charge. (c) Property damage and liability insurance premiums included in finance charge. (d) Items exempted from computation of finance charge in all credit transactions. (e) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property. 1606. Determination of annual percentage rate. (a) 'Annual percentage rate' defined. (b) Computation of rate of finance charges for balances within a specified range. (c) Allowable tolerances for purposes of compliance with disclosure requirements. (d) Use of rate tables or charts having allowable variance from determined rates. (e) Authorization of tolerances in determining annual percentage rates. 1607. Administrative enforcement. (a) Enforcing agencies. (b) Violations of this subchapter deemed violations of pre-existing statutory requirements; additional agency powers. (c) Federal Trade Commission as overall enforcing agency. (d) Rules and regulations. (e) Adjustment of finance charges; procedures applicable, coverage, criteria, etc. 1608. Views of other agencies. 1609. Repealed. 1610. Effect on other laws. (a) Inconsistent provisions; procedures applicable for determination. (b) State credit charge statutes. (c) Disclosure as evidence. (d) Contract or other obligations under State or Federal law. (e) Certain credit and charge card application and solicitation disclosure provisions. 1611. Criminal liability for willful and knowing violation. 1612. Effect on government agencies. (a) Consultation requirements respecting compliance of credit instruments issued to participating creditor. (b) Inapplicability of Federal civil or criminal penalties to Federal, State, and local agencies. (c) Inapplicability of Federal civil or criminal penalties to participating creditor where violating instrument issued by United States. (d) Applicability of State penalties to violations by participating creditor. 1613. Annual reports to Congress by Board. 1614. Repealed. PART B - CREDIT TRANSACTIONS 1631. Disclosure requirements. (a) Duty of creditor or lessor respecting one or more than one obligor. (b) Creditor or lessor required to make disclosure. (c) Estimates as satisfying statutory requirements. (d) Tolerances for numerical disclosures. 1632. Form of disclosure; additional information. (a) Information clearly and conspicuously disclosed; 'annual percentage rate' and 'finance charge'; order of disclosures and use of different terminology. (b) Optional information by creditor or lessor. (c) Tabular format required for certain disclosures under section 1637(c). 1633. Exemption for State-regulated transactions. 1634. Effect of subsequent occurrence. 1635. Right of rescission as to certain transactions. (a) Disclosure of obligor's right to rescind. (b) Return of money or property following rescission. (c) Rebuttable presumption of delivery of required disclosures. (d) Modification and waiver of rights. (e) Exempted transactions; reapplication of provisions. (f) Time limit for exercise of right. (g) Additional relief. 1636. Repealed. 1637. Open end consumer credit plans. (a) Required disclosures by creditor. (b) Statement required with each billing cycle. (c) Disclosure in credit and charge card applications and solicitations. (d) Disclosure prior to renewal. (e) Other rules for disclosures under subsections (c) and (d). (f) Disclosure of range of certain fees which vary by State allowed. (g) Insurance in connection with certain open end credit card plans. 1637a. Disclosure requirements for open end consumer credit plans secured by consumer's principal dwelling. (a) Application disclosures. (b) Time and form of disclosures. (c) Third party applications. (d) 'Principal dwelling' defined. (e) Pamphlet. 1638. Transactions other than under an open end credit plan. (a) Required disclosures by creditor. (b) Form and timing of disclosures; residential mortgage transaction requirements. (c) Timing of disclosures on unsolicited mailed or telephone purchase orders or loan requests. (d) Timing of disclosure in cases of an addition of a deferred payment price to an existing outstanding balance. 1639. Repealed. 1640. Civil liability. (a) Individual or class action for damages; amount of award; factors determining amount of award. (b) Correction of errors. (c) Unintentional violations; bona fide errors. (d) Liability in transaction or lease involving multiple obligors. (e) Jurisdiction of courts; limitations on actions. (f) Good faith compliance with rule, regulation, or interpretation of Board or with interpretation or approval of duly authorized official or employee of Federal Reserve System. (g) Recovery for multiple failures to disclose. (h) Offset from amount owed to creditor or assignee; rights of defaulting consumer. 1641. Liability of assignees. (a) Prerequisites. (b) Proof of compliance with statutory provisions. (c) Right of rescission by consumer unaffected. 1642. Issuance of credit cards. 1643. Liability of holder of credit card. (a) Limits on liability. (b) Burden of proof. (c) Liability imposed by other laws or by agreement with issuer. (d) Exclusiveness of liability. 1644. Fraudulent use of credit cards; penalties. (a) Use, attempt or conspiracy to use card in transaction affecting interstate or foreign commerce. (b) Transporting, attempting or conspiring to transport card in interstate commerce. (c) Use of interstate commerce to sell or transport card. (d) Receipt, concealment, etc., of goods obtained by use of card. (e) Receipt, concealment, etc., of tickets for interstate or foreign transportation obtained by use of card. (f) Furnishing of money, etc., through use of card. 1645. Business credit cards; limits on liability of employees. 1646. Dissemination of credit card information. (a) Annual percentage rates. (b) Credit card price and availability information. (c) Implementation. 1647. Home equity plans. (a) Index requirement. (b) Grounds for acceleration of outstanding balance. (c) Change in terms. (d) Terms changed after application. (e) Additional requirements relating to refunds and imposition of nonrefundable fees. PART C - CREDIT ADVERTISING 1661. Catalogs and mutiple-page advertisements. 1662. Advertising of down payments and installments. 1663. Advertising of open end credit plans. 1664. Advertising of credit other than open end plans. (a) Exclusion of open end credit plans. (b) Advertisements of residential real estate. (c) Rate of finance charge expressed as annual percentage rate. (d) Requisite disclosures in advertisement. 1665. Nonliability of advertising media. 1665a. Use of annual percentage rate in oral disclosures; exceptions. 1665b. Advertising of open end consumer credit plans secured by consumer's principal dwelling. (a) In general. (b) Tax deductibility. (c) Certain terms prohibited. (d) Discounted initial rate. (e) Balloon payment. (f) 'Balloon payment' defined. PART D - CREDIT BILLING 1666. Correction of billing errors. (a) Written notice by obligor to creditor; time for and contents of notice; procedure upon receipt of notice by creditor. (b) Billing error. (c) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. (d) Restricting or closing by creditor of account regarded by obligor to contain a billing error. (e) Effect of noncompliance with requirements by creditor. 1666a. Regulation of credit reports. (a) Reports by creditor on obligor's failure to pay amount regarded as billing error. (b) Reports by creditor on delinquent amounts in dispute; notification of obligor of parties notified of delinquency. (c) Reports by creditor of subsequent resolution of delinquent amounts. 1666b. Length of billing period in credit statement for imposition of finance charge; effect of failure of timely mailing or delivery of statement. (a) Additional finance charge. (b) Excusable cause. 1666c. Prompt crediting of payments; imposition of finance charge. 1666d. Treatment of credit balances. 1666e. Notification of credit card issuer by seller of return of goods, etc., by obligor; credit for account of obligor. 1666f. Inducements to cardholders by sellers of cash discounts for payments by cash, check or similar means; credit card surcharge prohibition; finance charge for sales transactions involving cash discounts. (a) Cash discounts. (b) Finance charge. 1666g. Tie-in services prohibited for issuance of credit card. 1666h. Offset of cardholder's indebtedness by issuer of credit card with funds deposited with issuer by cardholder; remedies of creditors under State law not affected. (a) Offset against consumer's funds. (b) Attachments and levies. 1666i. Assertion by cardholder against card issuer of claims and defenses arising out of credit card transaction; prerequisites; limitation on amount of claims or defenses. (a) Claims and defenses assertable. (b) Amount of claims and defenses assertable. 1666j. Applicability of State laws. (a) Consistency of provisions (b) Exemptions by Board from credit billing requirements. (c) Finance charge or other charge for credit for sales transactions involving cash discounts. PART E - CONSUMER LEASES 1667. Definitions. 1667a. Consumer lease disclosures. 1667b. Lessee's liability on expiration or termination of lease. (a) Estimated residual value of property as basis; presumptions; action by lessor for excess liability; mutually agreeable final adjustment. (b) Penalties and charges for delinquency, default, or early termination. (c) Independent professional appraisal of residual value of property at termination of lease; finality. 1667c. Consumer lease advertising; liability of advertising media. (a) Contents of lease advertisements. (b) Liability of advertising media. 1667d. Civil liability of lessors. (a) Grounds for maintenance of action. (b) Additional grounds for maintenance of action; 'creditor' defined. (c) Jurisdiction of courts; time limitation. 1667e. Applicability of State laws; exemptions by Board from leasing requirements. SUBCHAPTER II - RESTRICTIONS ON GARNISHMENT 1671. Congressional findings and declaration of purpose. (a) Disadvantages of garnishment. (b) Necessity for regulation. 1672. Definitions. 1673. Restriction on garnishment. (a) Maximum allowable garnishment. (b) Exceptions. (c) Execution or enforcement of garnishment order or process prohibited. 1674. Restriction on discharge from employment by reason of garnishment. (a) Termination of employment. (b) Penalties. 1675. Exemption for State-regulated garnishments. 1676. Enforcement by Secretary of Labor. 1677. Effect on State laws. SUBCHAPTER III - CREDIT REPORTING AGENCIES 1681. Congressional findings and statement of purpose. (a) Accuracy and fairness of credit reporting. (b) Reasonable procedures. 1681a. Definitions; rules of construction. 1681b. Permissible purposes of consumer reports. 1681c. Reporting of obsolete information prohibited. (a) Prohibited items. (b) Exempted cases. 1681d. Disclosure of investigative consumer reports. (a) Disclosure of fact of preparation. (b) Disclosure on request of nature and scope of investigation. (c) Limitation on liability upon showing of reasonable procedures for compliance with provisions. 1681e. Compliance procedures. (a) Identity and purposes of credit users. (b) Accuracy of report. 1681f. Disclosures to governmental agencies. 1681g. Disclosures to consumers. (a) Information on file; sources; report recipients. (b) Exempt information. 1681h. Conditions of disclosure to consumers. (a) Times and notice. (b) Identification of consumer. (c) Trained personnel. (d) Persons accompanying consumer. (e) Limitation of liability. 1681i. Procedure in case of disputed accuracy. (a) Dispute; reinvestigation. (b) Statement of dispute. (c) Notification of consumer dispute in subsequent consumer reports. (d) Notification of deletion of disputed information. 1681j. Charges for disclosures. 1681k. Public record information for employment purposes. 1681l. Restrictions on investigative consumer reports. 1681m. Requirements on users of consumer reports. (a) Adverse action based on reports of consumer reporting agencies. (b) Adverse action based on reports of persons other than consumer reporting agencies. (c) Reasonable procedures to assure compliance. 1681n. Civil liability for willful noncompliance. 1681o. Civil liability for negligent noncompliance. 1681p. Jurisdiction of courts; limitation of actions. 1681q. Obtaining information under false pretenses. 1681r. Unauthorized disclosures by officers or employees. 1681s. Administrative enforcement. (a) Federal Trade Commission; powers. (b) Other administrative bodies. (c) Enforcement under other authority. 1681t. Relation to State laws. SUBCHAPTER IV - EQUAL CREDIT OPPORTUNITY 1691. Scope of prohibition. (a) Activities constituting discrimination. (b) Activities not constituting discrimination. (c) Additional activities not constituting discrimination. (d) Reason for adverse action; procedure applicable; 'adverse action' defined. 1691a. Definitions; rules of construction. 1691b. Promulgation of regulations by Board; establishment of Consumer Advisory Council by Board; duties, membership, etc., of Council. (a) Regulations. (b) Consumer Advisory Council. 1691c. Administrative enforcement. (a) Enforcing agencies. (b) Violations of subchapter deemed violations of pre-existing statutory requirements; additional agency powers. (c) Overall enforcement authority of Federal Trade Commission. (d) Rules and regulations by enforcing agencies. 1691d. Applicability of other laws. (a) Requests for signature of husband and wife for creation of valid lien, etc. (b) State property laws affecting creditworthiness. (c) State laws prohibiting separate extension of consumer credit to husband and wife. (d) Combining credit accounts of husband and wife with same creditor to determine permissible finance charges or loan ceilings under Federal or State laws. (e) Election of remedies under subchapter or State law; nature of relief determining applicability. (f) Compliance with inconsistent State laws; determination of inconsistency. (g) Exemption by regulation of credit transactions covered by State law; failure to comply with State law. 1691e. Civil liability. (a) Individual or class action for actual damages. (b) Recovery of punitive damages in individual and class action for actual damages; exemptions; maximum amount of punitive damages in individual actions; limitation on total recovery in class actions; factors determining amount of award. (c) Action for equitable and declaratory relief. (d) Recovery of costs and attorney fees. (e) Good faith compliance with rule, regulation, or interpretation of Board or interpretation or approval by an official or employee of Federal Reserve System duly authorized by Board. (f) Jurisdiction of courts; time for maintenance of action; exceptions. (g) Request by responsible enforcement agency to Attorney General for civil action. (h) Authority for Attorney General to bring civil action; jurisdiction. (i) Recovery under both subchapter and fair housing enforcement provisions prohibited for violation based on same transaction. (j) Discovery of creditor's granting standards. 1691f. Annual reports to Congress; contents. SUBCHAPTER V - DEBT COLLECTION PRACTICES 1692. Congressional findings and declaration of purpose. (a) Abusive practices. (b) Inadequacy of laws. (c) Available non-abusive collection methods. (d) Interstate commerce. (e) Purposes. 1692a. Definitions. 1692b. Acquisition of location information. 1692c. Communication in connection with debt collection. (a) Communication with the consumer generally. (b) Communication with third parties. (c) Ceasing communication. (d) 'Consumer' defined. 1692d. Harassment or abuse. 1692e. False or misleading representations. 1692f. Unfair practices. 1692g. Validation of debts. (a) Notice of debt; contents. (b) Disputed debts. (c) Admission of liability. 1692h. Multiple debts. 1692i. Legal actions by debt collectors. (a) Venue. (b) Authorization of actions. 1692j. Furnishing certain deceptive forms. 1692k. Civil liability. (a) Amount of damages. (b) Factors considered by court. (c) Intent. (d) Jurisdiction. (e) Advisory opinions of Commission. 1692l. Administrative enforcement. (a) Federal Trade Commission. (b) Applicable provisions of law. (c) Agency powers. (d) Rules and regulations. 1692m. Reports to Congress by the Commission; views of other Federal agencies. 1692n. Relation to State laws. 1692o. Exemption for State regulation. SUBCHAPTER VI - ELECTRONIC FUND TRANSFERS 1693. Congressional findings and declaration of purpose. (a) Rights and liabilities undefined. (b) Purposes. 1693a. Definitions. 1693b. Regulations. (a) Prescription by Board. (b) Issuance of model clauses. (c) Criteria; modification of requirements. (d) Availability of disclosures, protections, responsibilities, and remedies created by this subchapter. 1693c. Terms and conditions of transfers. (a) Disclosures; time; form; contents. (b) Notification of changes to consumer. (c) Time for disclosures respecting accounts accessible prior to effective date of this subchapter. 1693d. Documentation of transfers. (a) Availability of written documentation to consumer; contents. (b) Notice of credit to consumer. (c) Periodic statement; contents. (d) Consumer passbook accounts. (e) Accounts other than passbook accounts. (f) Documentation as evidence. 1693e. Preauthorized transfers. 1693f. Error resolution. (a) Notification to financial institution of error. (b) Correction of error; interest. (c) Provisional recredit of consumer's account. (d) Absence of error; finding; explanation. (e) Treble damages. (f) Acts constituting error. 1693g. Consumer liability. (a) Unauthorized electronic fund transfers; limit. (b) Burden of proof. (c) Determination of limitation on liability. (d) Restriction on liability. (e) Scope of liability. 1693h. Liability of financial institutions. (a) Action or failure to act proximately causing damages. (b) Acts of God and technical malfunctions. (c) Intent. 1693i. Issuance of cards or other means of access. (a) Prohibition; proper issuance. (b) Exceptions. (c) Validation. 1693j. Suspension of obligations. 1693k. Compulsory use of electronic fund transfers. 1693l. Waiver of rights. 1693m. Civil liability. (a) Individual or class action for damages; amount of award. (b) Factors determining amount of award. (c) Unintentional violations; bona fide error. (d) Good faith compliance with rule, regulation, or interpretation of Board or approval of duly authorized official or employee of Federal Reserve System. (e) Notification to consumer prior to action; adjustment of consumer's account. (f) Action in bad faith or for harassment; attorney's fees. (g) Jurisdiction of courts; time for maintenance of action. 1693n. Criminal liability. (a) Violations respecting giving of false or inaccurate information, failure to provide information, and failure to comply with provisions of this subchapter. (b) Violations affecting interstate or foreign commerce. (c) 'Debit instrument' defined. 1693o. Administrative enforcement. (a) Enforcing agencies. (b) Violations of subchapter deemed violations of pre-existing statutory requirements; additional powers. (c) Overall enforcement authority of Federal Trade Commission. 1693p. Reports to Congress. 1693q. Relation to State laws. 1693r. Exemption for State regulation. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 11 section 523. ------DocID 19671 Document 15 of 261------ -CITE- 16 USC Sec. 41 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 41. Sequoia National Park -STATUTE- The tract of land in the State of California known and described as township numbered 18 south, of range numbered 30 east, also township 18 south, range 31 east; and sections 31, 32, 33, and 34, township 17 south, range 30 east, all east of Mount Diablo meridian, is reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart as a public park, or pleasure ground, for the benefit and enjoyment of the people; and all persons who shall locate or settle upon, or occupy the same or any part thereof except as provided in section 43 of this title, shall be considered trespassers and removed therefrom. -SOURCE- (Sept. 25, 1890, ch. 926, Sec. 1, 26 Stat. 478.) -CROSS- CROSS REFERENCES Revision of boundaries of park, see section 45a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 45f, 471d of this title. ------DocID 21423 Document 16 of 261------ -CITE- 16 USC Sec. 460uu-41 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-41. Management plans -STATUTE- (a) Development and transmittal to Congress; contents Within three full fiscal years following the fiscal year of enactment of this subchapter, the Secretary shall develop and transmit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, separate general management plans for the monument and the conservation area which shall describe the appropriate uses and development of the monument and the conservation area consistent with the purposes of this subchapter. The plans shall include but not be limited to each of the following: (1) implementation plans for a continuing program of interpretation and public education about the resources and values of the monument and the conservation area; (2) proposals for public facilities to be developed for the conservation area or the monument, including a visitors center in the vicinity of Bandera Crater and a multiagency orientation center, to be located in or near Grants, New Mexico, and adjacent to Interstate 40, to accommodate visitors to western New Mexico; (3) natural and cultural resources management plans for the monument and the conservation area, with a particular emphasis on the preservation and long-term scientific use of archeological resources, giving high priority to the enforcement of the provisions of the Archeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the monument and the conservation area. The natural and cultural resources management plans shall be prepared in close consultation with the Advisory Council on Historic Preservation, the New Mexico State Historic Preservation Office, and the local Indian people and their traditional cultural and religious authorities; and such plans shall provide for long-term scientific use of archaeological resources in the monument and the conservation area, including the wilderness areas designated by this subchapter; and (4) wildlife resources management plans for the monument and the conservation area prepared in close consultation with appropriate departments of the State of New Mexico and using previous studies of the area. (b) Review and recommendation of suitability or nonsuitability of specific lands (1) The general management plan for the conservation area shall review and recommend the suitability or nonsuitability for preservation as wilderness of those lands comprising approximately 17,468 acres, identified as 'Wilderness Study Area' (hereafter in this part referred to as the 'WSA') on the map referenced in section 460uu of this title. (2) Pending submission of a recommendation and until otherwise directed by an Act of Congress, the Secretary, acting through the Director of the Bureau of Land Management, shall manage the lands within the WSA so as to maintain their potential for inclusion within the National Wilderness Preservation System. (c) Review and recommendation of suitability or nonsuitability of roadless lands (1) The general management plan for the monument shall review and recommend the suitability or nonsuitability for preservation as wilderness of all roadless lands within the boundaries of the monument as established by this subchapter except those lands within the areas identified as 'potential development areas' on the map referenced in section 460uu of this title. (2) Pending the submission of a recommendation and until otherwise directed by Act of Congress, the Secretary, through the Director of the National Park Service, shall manage all roadless lands within the boundaries of the monument so as to maintain their potential for inclusion in the National Wilderness Preservation System, except those lands within the areas identified as 'potential development areas' on the map referenced in section 460uu of this title. -SOURCE- (Pub. L. 100-225, title V, Sec. 501, Dec. 31, 1987, 101 Stat. 1543.) -REFTEXT- REFERENCES IN TEXT The fiscal year of enactment of this subchapter, referred to in subsec. (a), is the fiscal year of the enactment of Pub. L. 100-225, which enacted this subchapter, and was approved Dec. 31, 1987. The Archaeological Resources Protection Act of 1979, referred to in subsec. (a)(3), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721, which is classified generally to chapter 1B (Sec. 470aa et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 470aa of this title and Tables. The National Historic Preservation Act, referred to in subsec. (a)(3), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which is classified generally to subchapter II (Sec. 470 et seq.) of chapter 1A of this title. For complete classification of this Act to the Code, see section 470 of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 460uu-47, 460uu-48 of this title. ------DocID 23145 Document 17 of 261------ -CITE- 16 USC CHAPTER 41 -EXPCITE- TITLE 16 CHAPTER 41 -HEAD- CHAPTER 41 - COOPERATIVE FORESTRY ASSISTANCE -MISC1- Sec. 2101. Findings, purpose, and policy. (a) Findings. (b) Purpose. (c) Policy. (d) Construction. 2102. Rural forestry assistance. (a) Assistance to forest landowners and others. (b) State forestry assistance. (c) Implementation. (d) Authorization of appropriations. 2103. Forestry incentives program. (a) Development and implementation; statement of purposes. (b) 'Private forest land' defined. (c) Eligibility of landowners for cost sharing; exception; limitation on approval of cost sharing. (d) Administration. (e) Individual forest management plans as basis for agreements between landowners and Secretary; preparation of plans. (f) Cost sharing for implementation of appropriate forestry practices and measures set forth in agreement; apportionment; maximum amount. (g) Prerequisites for distribution of funds available for cost sharing. (h) Use of advertising and bid procedure in determining lands to be covered by agreements; prerequisites. (i) Applicability of other Federal authorities in implementation of provisions. (j) Authorization of appropriations. (k) Termination of program. 2103a. Forest Stewardship Program. (a) Establishment. (b) Goal. (c) 'Nonindustrial private forest lands' defined. (d) Implementation. (e) Eligibility. (f) Duties of owners. (g) Stewardship recognition. (h) Authorization of appropriations. 2103b. Stewardship Incentive Program. (a) Establishment. (b) Eligibility. (c) Reimbursement of eligible activities. (d) Recapture. (e) Distribution. (f) Authorization of appropriations. 2103c. Forest Legacy Program. (a) Establishment and purpose. (b) State and regional forest legacy programs. (c) Interests in land. (d) Implementation. (e) Eligibility. (f) Application. (g) State consent. (h) Forest management activities. (i) Duties of owners. (j) Compensation and cost sharing. (k) Easements. (l) Appropriation. 2104. Forest health protection. (a) In general. (b) Activities. (c) Consent of entity. (d) Contribution by entity. (e) Allotments to other agencies. (f) Limitation on use of appropriations. (g) Partnerships. (h) Authorization of appropriations. (i) Integrated pest management. 2105. Urban and community forestry assistance. (a) Findings. (b) Purposes. (c) General authority. (d) Program of education and technical assistance. (e) Procurement of plant materials. (f) Challenge cost-share program. (g) Forestry Advisory Council. (h) Definitions. (i) Authorization of appropriations. 2106. Rural fire prevention and control. (a) Congressional findings. (b) Implementation of provisions. (c) Encouragement of use of excess personal property by State and local fire forces receiving assistance; cooperation and assistance of Administrator of General Services. (d) Coordination of assistance with assistance of Secretary of Commerce under Federal fire prevention and control provisions. (e) Authorization of appropriations for implementation of provisions. (f) Special rural fire disaster fund; establishment, appropriations, etc. (g) Definitions. 2106a. Emergency reforestation assistance. (a) In general. (b) Form of assistance. (c) Conditions. (d) Definitions. (e) Retroactive assistance. 2107. Financial, technical, and related assistance to States. (a) Development of State organizations for protection and management of non-Federal forest lands; scope of assistance; request by officials. (b) Assembly, analysis, display, and reporting of State forest resources data, resources planning, etc.; scope of assistance; other statutory provisions unaffected. (c) Technology implementation program; scope of program; availability of funds; use of forest resources planning committees. (d) Authorization of appropriations. 2108. Consolidation of payments. (a) Request by State; excluded funds. (b) State forest resources programs as basis. (c) Amount of payments. (d) Certification requirement by State forester or equivalent State official for Federal payment. (e) Administration of consolidated payments program not to adversely affect, etc., other programs. (f) Total annual amount of financial assistance to participating State; financial assistance for special projects not to be included in determining base amount. 2109. General provisions. (a) Cooperative and coordinating requirements for implementation of programs, etc. (b) Availability of appropriations. (c) Consultation requirements for implementation of programs, etc. (d) Definitions. (e) Rules and regulations. (f) Granting, etc., authorities. (g) Construction of statutory provisions. (h) Additional assistance. 2110. Statement of limitation. 2111. Other Federal programs. (a) Repeal of statutory authorities. (b) Force and effect of contracts and cooperative and other agreements under cooperative forestry programs executed under authority of repealed statutes. (c) Availability of funds appropriated under authority of repealed statutes for cooperative forestry assistance programs. 2112. Cooperative national forest products marketing program. (a) Findings and purposes. (b) Program authority. (c) Limitations. (d) Authorization for appropriations. (e) Program report. 2113. Federal, State, and local coordination and cooperation. (a) Department of Agriculture Coordinating Committee. (b) State Coordinating Committees. 2114. Administration. (a) In general. (b) Guidelines. (c) Existing mechanisms. (d) Land grant universities. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1606, 2106a of this title; title 7 section 6614. ------DocID 23813 Document 18 of 261------ -CITE- 18 USC Sec. 41 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- Sec. 41. Hunting, fishing, trapping; disturbance or injury on wildlife refuges -STATUTE- Whoever, except in compliance with rules and regulations promulgated by authority of law, hunts, traps, captures, willfully disturbs or kills any bird, fish, or wild animal of any kind whatever, or takes or destroys the eggs or nest of any such bird or fish, on any lands or waters which are set apart or reserved as sanctuaries, refuges or breeding grounds for such birds, fish, or animals under any law of the United States or willfully injures, molests, or destroys any property of the United States on any such lands or waters, shall be fined not more than $500 or imprisoned not more than six months, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 686.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 145 and Sec. 676, 682, 683, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., Conservation (Jan. 24, 1905, ch. 137, Sec. 2, 33 Stat. 614; June 29, 1906, ch. 3593, Sec. 2, 34 Stat. 607; Mar. 4, 1909, ch. 321, Sec. 84, 35 Stat. 1104; Aug. 11, 1916, ch. 313, 39 Stat. 476; June 5, 1920, ch. 247, Sec. 2, 41 Stat. 986; Apr. 15, 1924, ch. 108, 43 Stat. 98; Feb. 28, 1925, ch. 376, 43 Stat. 1091; July 3, 1926, ch. 744, Sec. 6, 44 Stat. 821; July 3, 1926, ch. 776, Sec. 3, 44 Stat. 889; June 28, 1930, ch. 709, Sec. 2, 46 Stat. 828; Mar. 10, 1934, ch. 54, Sec. 2, 48 Stat. 400; Reorg. Plan No. II, Sec. 4(f), 4 F.R. 2731, 53 Stat. 1433). This revised section condenses, consolidates, and simplifies similar provisions of sections 676, 682, 683, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., with section 145 of title 18, U.S.C., 1940 ed., with such changes of phraseology as make clear the intent of Congress to protect all wildlife within Federal sanctuaries, refuges, fish hatcheries, and breeding grounds. Irrelevant provisions of such sections in title 16 are to be retained in that title. Because of the general nature of this consolidated section, no specific reference is made to rules and regulations issued by the Secretary of the Interior or any other personage, but only to rules and regulations 'promulgated by authority of law'. The punishment provided by the sections consolidated varied from a fine not exceeding $100 or imprisonment not exceeding 6 months, or both, in section 694a of title 16, U.S.C., 1940 ed., to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both, in sections 676, 685, and 688 of such title 16. The revised section adopts the punishment provisions of the other five sections. The references to 'misdemeanor' in sections 676, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., were omitted as unnecessary in view of definition of 'misdemeanor' in section 1 of this title, and also to conform with policy followed by codifiers of the 1909 Criminal Code, as stated in Senate Report 10, part 1, pages 12, 13, 14, Sixtieth Congress, first session, to accompany S. 2982. Words 'upon conviction', contained in sections 676, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., were omitted as surplusage, because punishment can be imposed only after conviction. Words 'in any United States court of competent jurisdiction', in sections 676, 685, and 688 of title 16, U.S.C., 1940 ed., words 'in any United States court', in sections 689b, 692a, and 694a of such title 16, and words 'in the discretion of the court', in said sections 676, 685, 688, and 689b, were likewise omitted as surplusage. -CROSS- CROSS REFERENCES Game and bird preserves, see section 671 et seq. of Title 16, Conservation. Protection of migratory game and birds, see section 701 et seq. of Title 16. ------DocID 24082 Document 19 of 261------ -CITE- 18 USC CHAPTER 41 -EXPCITE- TITLE 18 PART I CHAPTER 41 -HEAD- CHAPTER 41 - EXTORTION AND THREATS -MISC1- Sec. 871. Threats against President and successors to the Presidency. 872. Extortion by officers or employees of the United States. 873. Blackmail. 874. Kickbacks from public works employees. 875. Interstate communications. 876. Mailing threatening communications. 877. Mailing threatening communications from foreign country. 878. Threats and extortion against foreign officials, official guests, or internationally protected persons. 879. Threats against former Presidents and certain other persons protected by the Secret Service. AMENDMENTS 1982 - Pub. L. 97-297, Sec. 1(b), Oct. 12, 1982, 96 Stat. 1317, added item 879. 1976 - Pub. L. 94-467, Sec. 9, Oct. 8, 1976, 90 Stat. 2001, added item 878. 1962 - Pub. L. 87-829, Sec. 2, Oct. 15, 1962, 76 Stat. 956, substituted 'and successors to the Presidency' for ', President-elect, and Vice President' in item 871. 1955 - Act June 1, 1955, ch. 115, Sec. 2, 69 Stat. 80, inserted 'President-elect, and Vice President' in item 871. -CROSS- CROSS REFERENCES Wire or oral communications, authorization for interception, to provide evidence of extortion, see section 2516 of this title. ------DocID 25131 Document 20 of 261------ -CITE- 18 USC Rule 41 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS IX -HEAD- Rule 41. Search and Seizure -STATUTE- (a) Authority To Issue Warrant. Upon the request of a federal law enforcement officer or an attorney for the government, a search warrant authorized by this rule may be issued (1) by a federal magistrate, or a state court of record within the federal district, for a search of property or for a person within the district and (2) by a federal magistrate for a search of property or for a person either within or outside the district if the property or person is within the district when the warrant is sought but might move outside the district before the warrant is executed. (b) Property or Persons Which May Be Seized With a Warrant. A warrant may be issued under this rule to search for and seize any (1) property that constitutes evidence of the commission of a criminal offense; or (2) contraband, the fruits of crime, or things otherwise criminally possessed; or (3) property designed or intended for use or which is or has been used as the means of committing a criminal offense; or (4) person for whose arrest there is probable cause, or who is unlawfully restrained. (c) Issuance and Contents. (1) Warrant Upon Affidavit. A warrant other than a warrant upon oral testimony under paragraph (2) of this subdivision shall issue only on an affidavit or affidavits sworn to before the federal magistrate or state judge and establishing the grounds for issuing the warrant. If the federal magistrate or state judge is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, that magistrate or state judge shall issue a warrant identifying the property or person to be seized and naming or describing the person or place to be searched. The finding of probable cause may be based upon hearsay evidence in whole or in part. Before ruling on a request for a warrant the federal magistrate or state judge may require the affiant to appear personally and may examine under oath the affiant and any witnesses the affiant may produce, provided that such proceeding shall be taken down by a court reporter or recording equipment and made part of the affidavit. The warrant shall be directed to a civil officer of the United States authorized to enforce or assist in enforcing any law thereof or to a person so authorized by the President of the United States. It shall command the officer to search, within a specified period of time not to exceed 10 days, the person or place named for the property or person specified. The warrant shall be served in the daytime, unless the issuing authority, by appropriate provision in the warrant, and for reasonable cause shown, authorizes its execution at times other than daytime. It shall designate a federal magistrate to whom it shall be returned. (2) Warrant Upon Oral Testimony. (A) General Rule. If the circumstances make it reasonable to dispense with a written affidavit, a Federal magistrate may issue a warrant based upon sworn oral testimony communicated by telephone or other appropriate means. (B) Application. The person who is requesting the warrant shall prepare a document to be known as a duplicate original warrant and shall read such duplicate original warrant, verbatim, to the Federal magistrate. The Federal magistrate shall enter, verbatim, what is so read to such magistrate on a document to be known as the original warrant. The Federal magistrate may direct that the warrant be modified. (C) Issuance. If the Federal magistrate is satisfied that the circumstances are such as to make it reasonable to dispense with a written affidavit and that grounds for the application exist or that there is probable cause to believe that they exist, the Federal magistrate shall order the issuance of a warrant by directing the person requesting the warrant to sign the Federal magistrate's name on the duplicate original warrant. The Federal magistrate shall immediately sign the original warrant and enter on the face of the original warrant the exact time when the warrant was ordered to be issued. The finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit. (D) Recording and Certification of Testimony. When a caller informs the Federal magistrate that the purpose of the call is to request a warrant, the Federal magistrate shall immediately place under oath each person whose testimony forms a basis of the application and each person applying for that warrant. If a voice recording device is available, the Federal magistrate shall record by means of such device all of the call after the caller informs the Federal magistrate that the purpose of the call is to request a warrant. Otherwise a stenographic or longhand verbatim record shall be made. If a voice recording device is used or a stenographic record made, the Federal magistrate shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. If a longhand verbatim record is made, the Federal magistrate shall file a signed copy with the court. (E) Contents. The contents of a warrant upon oral testimony shall be the same as the contents of a warrant upon affidavit. (F) Additional Rule for Execution. The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant. (G) Motion To Suppress Precluded. Absent a finding of bad faith, evidence obtained pursuant to a warrant issued under this paragraph is not subject to a motion to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with a written affidavit. (d) Execution and Return With Inventory. The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was take