I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/21/93 at 10:01:06. Database: USCODE Search: (42:CITE) ------DocID 44765 Document 1 of 6259------ -CITE- 42 USC TITLE 42 -EXPCITE- TITLE 42 -HEAD- TITLE 42 - THE PUBLIC HEALTH AND WELFARE -MISC1- SECTIONS 1 TO 1399 APPEAR IN THIS VOLUME Chap. Sec. 1. The Public Health Service (See Chapter 6A) 1 1A. The Public Health Service; Supplemental Provisions (Transferred or Omitted) 71 2. Sanitation and Quarantine 81 3. Leprosy (Repealed) 121 3A. Cancer (Repealed) 137 4. Viruses, Serums, Toxins, Antitoxins, etc. (Repealed) 141 5. Maternity and Infancy Welfare and Hygiene (Repealed) 161 6. The Children's Bureau 191 6A. Public Health Service 201 7. Social Security 301 7A. Temporary Unemployment Compensation Program (Omitted) 1400 8. Low-Income Housing 1401 8A. Slum Clearance, Urban Renewal, and Farm Housing 1441 8B. Public Works or Facilities (Omitted) 1491 8C. Open-Space Land (Omitted) 1500 9. Housing of Persons Engaged in National Defense 1501 10. Federal Security Agency (Transferred or Omitted) 1601 11. Compensation for Disability or Death to Persons Employed at Military, Air, and Naval Bases Outside United States 1651 12. Compensation for Injury, Death, or Detention of Employees of Contractors with the United States Outside United States 1701 13. School Lunch Programs 1751 13A. Child Nutrition 1771 14. Development and Control of Atomic Energy (See Chapter 23) 1801 15. Disaster Relief (Repealed) 1851 15A. Reciprocal Fire Protection Agreements 1856 15B. Air Pollution Control (Transferred or Repealed) 1857 16. National Science Foundation 1861 16A. Grants for Support of Scientific Research (Repealed) 1891 16B. Contracts for Scientific and Technological Research 1900 17. Federal Employment Service (Transferred) 1901 18. Youth Medals 1921 19. Saline and Salt Waters (Repealed, Omitted, or Transferred) 1951 19A. Water Resources Research Program (Repealed) 1961 19B. Water Resources Planning 1962 20. Elective Franchise 1971 20A. Civil Rights Commission 1975 21. Civil Rights 1981 21A. Privacy Protection 2000aa 22. Indian Hospitals and Health Facilities 2001 23. Development and Control of Atomic Energy 2011 24. Disposal of Atomic Energy Communities 2301 25. Federal Flood Insurance 2401 26. National Space Program 2451 26A. National Space Grant College and Fellowship Program 2486 27. Loan Service of Captioned Films and Educational Media for Handicapped 2491 28. Area Redevelopment Program (Omitted or Repealed) 2501 29. Juvenile Delinquency and Youth Offenses Control (Omitted) 2541 30. Manpower Development and Training Program (Repealed) 2571 31. Public Works Acceleration Program 2641 32. Third Party Liability for Hospital and Medical Care 2651 33. Community Mental Health Centers (Omitted, Transferred, or Repealed) 2661 34. Economic Opportunity Program 2701 35. Programs for Older Americans 3001 35A. Community Service Employment for Older Americans (Repealed) 3061 36. Compensation of Condemnees in Development Programs (Repealed) 3071 37. Community Facilities and Advance Land Acquisition 3101 38. Public Works and Economic Development 3121 39. Solid Waste Disposal (Omitted or Repealed) 3251 40. Soil Information Assistance for Community Planning and Resource Development 3271 41. Demonstration Cities and Metropolitan Development Program 3301 42. Narcotic Addict Rehabilitation 3401 43. Department of Health and Human Services 3501 44. Department of Housing and Urban Development 3531 45. Fair Housing 3601 46. Justice System Improvement 3701 47. Juvenile Delinquency Prevention and Control (Omitted) 3801 48. Guarantees for Financing New Community Land Development (Repealed or Omitted) 3901 49. National Housing Partnerships 3931 50. National Flood Insurance 4001 51. Design and Construction of Public Buildings to Accommodate Physically Handicapped 4151 52. Intergovernmental Cooperation (Repealed) 4201 52A. Joint Funding Simplification (Repealed) 4251 53. Advisory Commission on Intergovernmental Relations 4271 54. Cabinet Committee on Opportunities for Spanish-Speaking People (Omitted) 4301 55. National Environmental Policy 4321 56. Environmental Quality Improvement 4371 57. Environmental Pollution Study 4391 58. Disaster Relief (Repealed or Transferred) 4401 59. National Urban Policy and New Community Development 4501 60. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Program 4551 61. Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs 4601 62. Intergovernmental Personnel Program 4701 63. Lead-Based Paint Poisoning Prevention 4801 64. Public Service Employment Programs (Omitted) 4871 65. Noise Control 4901 66. Domestic Volunteer Services 4951 67. Child Abuse Prevention and Treatment and Adoption Reform 5101 68. Disaster Relief 5121 69. Community Development 5301 70. Manufactured Home Construction and Safety Standards 5401 71. Solar Energy 5501 72. Juvenile Justice and Delinquency Prevention 5601 73. Development of Energy Sources 5801 74. Nonnuclear Energy Research and Development 5901 75. Programs for Persons With Developmental Disabilities 6000 76. Age Discrimination in Federally Assisted Programs 6101 77. Energy Conservation 6201 78. National Petroleum Reserve in Alaska 6501 79. Science and Technology Policy, Organization and Priorities 6601 80. Public Works Employment 6701 81. Energy Conservation and Resource Renewal 6801 82. Solid Waste Disposal 6901 83. Energy Extension Service 7001 84. Department of Energy 7101 85. Air Pollution Prevention and Control 7401 86. Earthquake Hazards Reduction 7701 87. Water Research and Development (Repealed or Transferred) 7801 88. Uranium Mill Tailings Radiation Control 7901 89. Congregate Housing Services 8001 90. Neighborhood and City Reinvestment, Self-Help and Revitalization 8101 91. National Energy Conservation Policy 8201 92. Powerplant and Industrial Fuel Use 8301 93. Emergency Energy Conservation 8501 94. Low-Income Energy Assistance 8601 95. United States Synthetic Fuels Corporation (Omitted) 8701 96. Biomass Energy and Alcohol Fuels 8801 97. Acid Precipitation Program and Carbon Dioxide Study 8901 98. Ocean Thermal Energy Conversion Research and Development 9001 99. Ocean Thermal Energy Conversion 9101 100. Wind Energy Systems 9201 101. Magnetic Fusion Energy Engineering 9301 102. Mental Health Systems 9401 103. Comprehensive Environmental Response, Compensation, and Liability 9601 104. Nuclear Safety Research, Development, and Demonstration 9701 105. Community Services Programs 9801 106. Community Services Block Grant Program 9901 107. Consumer-Patient Radiation Health and Safety 10001 108. Nuclear Waste Policy 10101 109. Water Resources Research 10301 110. Family Violence Prevention and Services 10401 111. Emergency Federal Law Enforcement Assistance 10501 112. Victim Compensation and Assistance 10601 113. State Justice Institute 10701 114. Protection and Advocacy for Mentally Ill Individuals 10801 115. Child Development Associate Scholarship Assistance Program 10901 116. Emergency Planning and Community Right-To-Know 11001 117. Encouraging Good Faith Professional Review Activities 11101 118. Alzheimer's Disease and Related Dementias Services Research 11201 119. Homeless Assistance 11301 120. Enterprise Zone Development 11501 121. International Child Abduction Remedies 11601 122. Native Hawaiian Health Care 11701 123. Drug Abuse Education and Prevention 11801 124. Public Housing Drug Elimination 11901 125. Renewable Energy and Energy Efficiency Technology Competitiveness 12001 126. Equal Opportunity for Individuals With Disabilities 12101 127. Coordinated Services for Children, Youth, and Families 12301 128. Hydrogen Research, Development, and Demonstration Program 12401 129. National and Community Service 12501 130. National Affordable Housing 12701 131. Housing Opportunities for Persons With AIDS 12901 132. Victims of Child Abuse 13001 133. Pollution Prevention 13101 ------DocID 45774 Document 2 of 6259------ -CITE- 42 USC Sec. 300ff-42 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIV Part C subpart i -HEAD- Sec. 300ff-42. Provision of services through medicaid providers -STATUTE- (a) In general Subject to subsection (b) of this section, the Secretary may not make a grant under section 300ff-41 of this title to a State unless, in the case of any service described in subsection (b) of such section that is available pursuant to the State plan approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) for the State - (1) the State will provide the service through a State entity, and the State entity has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or (2) the State will enter into an agreement with a public or nonprofit private entity under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments. (b) Waiver regarding certain secondary agreements (1) In general In the case of an entity making an agreement pursuant to subsection (a)(2) of this section regarding the provision of services, the requirement established in such subsection regarding a participation agreement shall be waived by the Secretary if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. (2) Acceptance of voluntary donations A determination by the Secretary of whether an entity referred to in paragraph (1) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations for the purpose of providing services to the public. -SOURCE- (July 1, 1944, ch. 373, title XXVI, Sec. 2642, as added Aug. 18, 1990, Pub. L. 101-381, title III, Sec. 301(a), 104 Stat. 599.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Social Security Act is classified generally to subchapter XIX (Sec. 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 300ff-64 of this title. ------DocID 47722 Document 3 of 6259------ -CITE- 42 USC CHAPTER 42 -EXPCITE- TITLE 42 CHAPTER 42 -HEAD- CHAPTER 42 - NARCOTIC ADDICT REHABILITATION -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 3401. Declaration of policy. 3402. State facilities and personnel for care and treatment; encouragement of adequate provision; benefit of experience of Surgeon General and Attorney General. SUBCHAPTER II - CIVIL COMMITMENT OF PERSONS NOT CHARGED WITH ANY CRIMINAL OFFENSE 3411. Definitions. 3412. Preliminary proceedings. (a) Petition for treatment. (b) Petition for confinement; consultations respecting availability of facilities. (c) Order for medical examination and hearing; personal service. 3413. Judicial proceedings; advisement of patient: counsel, retained physician's authority, treatment program of commitment, withdrawal, duration, confinement, postconfinement, and recommitment; examination of patient: appointment of physicians, order of commitment, conduct and report of examination, and copies to patient and counsel; return of patient for further proceedings. 3414. Hearings. (a) Discharge of patient and dismissal of proceedings; notice of time and place; service; issues of fact: demand for jury or judicial determination. (b) Evidence; patient's testimony; examinations and cross-examinations; judicial review of orders of commitment. (c) Detention of patient. (d) Witness fees and mileage. 3415. Order of commitment for treatment to care and custody of Surgeon General; reports of Surgeon General. 3416. Period of commitment to care and custody of Surgeon General; patient subject to posthospitalization program; release from confinement. 3417. Release from confinement. (a) Notice and return to committing court; placing patient under care and custody of Surgeon General for posthospitalization treatment; recommendations of Surgeon General. (b) Return to committing court for recommitment and submission to posthospitalization treatment. 3418. Petition for inquiry into health and general condition and necessity for continuation of confinement; order for release from confinement and return to court; placing patient under posthospitalization treatment. 3419. Criminal conviction or criminal appellation from determination of being narcotic addict; criminal proceedings prohibited from using information gained in addiction inquiry. 3420. Evidence; examining physician a competent and compellable witness; physician-patient privilege. 3421. Subchapter inapplicable to persons with criminal charge pending, on probation, or with sentence unserved; consent to commitment of such persons by authority with power over their custody. 3422. Commitment to hospital of the Service dependent upon certification of availability of facilities or personnel for treatment. 3423. Compensation of physicians and counsel; source of funds. 3424. Authority of Surgeon General. (a) Delegation of functions. (b) Arrangements making available, on a reimbursable basis or otherwise, facilities or services of agencies or persons for examination or treatment. 3425. Penalties; escape or rescue from custody. 3426. Penalties; false statements. SUBCHAPTER III - REHABILITATION AND POSTHOSPITALIZATION CARE PROGRAMS AND ASSISTANCE TO STATES AND LOCALITIES 3441. Outpatient services; establishment. 3442. Repealed. ------DocID 14634 Document 4 of 6259------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 42 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS OPINIONS -HEAD- Rule 42. Filing, Reproduction, and Distribution -STATUTE- All opinions of the Court will be filed with the Clerk for preservation. The reproduction, printing, and distribution of all opinions will be under the supervision of the Clerk. ------DocID 15210 Document 5 of 6259------ -CITE- 12 USC Sec. 42 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 42. Territorial application -STATUTE- The provisions of all Acts of Congress relating to national banks shall apply in the several States, the District of Columbia, the several Territories and possessions of the United States, and the Commonwealth of Puerto Rico. -SOURCE- (Pub. L. 86-230, Sec. 14, Sept. 8, 1959, 73 Stat. 458.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 47-2508. ------DocID 16918 Document 6 of 6259------ -CITE- 12 USC CHAPTER 42 -EXPCITE- TITLE 12 CHAPTER 42 -HEAD- CHAPTER 42 - PREPAYMENT OF MORTGAGES INSURED UNDER NATIONAL HOUSING ACT -MISC1- Sec. 4101. General prepayment limitation. (a) Prepayment and termination. (b) Foreclosure. (c) Effect of unauthorized prepayment. 4102. Notice of intent. (a) Filing with Secretary. (b) Filing with State or local government, tenants, and mortgagee. (c) Ineligibility for filing. 4103. Appraisal and preservation value of eligible low-income housing. (a) Appraisal. (b) Preservation value. (c) Guidelines. 4104. Annual authorized return and preservation rents. (a) Annual authorized return. (b) Preservation rents. 4105. Federal cost limits and limitations on plans of action. (a) Determination of relationship to Federal cost limits. (b) Limitations on action pursuant to Federal cost limits. 4106. Information from Secretary. (a) Information to owners terminating affordability restrictions. (b) Information to owners extending low-income affordability restrictions. (c) Availability to tenants. (d) Second notice of intent. 4107. Plan of action. (a) Submission to Secretary. (b) Contents. (c) Revisions. 4108. Prepayment and voluntary termination. (a) Approval. (b) Disapproval. 4109. Incentives to extend low-income use. (a) Agreements by Secretary. (b) Permissible incentives. 4110. Incentives for transfer to qualified purchasers. (a) In general. (b) Right of first offer to priority purchasers. (c) Right of refusal for other qualified purchasers. (d) Assistance. 4111. Mandatory sale for housing exceeding Federal cost limits. (a) In general. (b) Right of first refusal to priority purchasers. (c) Right of refusal for other qualified purchasers. (d) Assistance. 4112. Criteria for approval of plan of action involving incentives. (a) In general. (b) Implementation. (c) Determination of remaining useful life. (d) Housing standards. (e) Windfall profits. 4113. Assistance for displaced tenants. (a) Section 8 (42 U.S.C. 1437f) assistance. (b) Relocation assistance. (c) Continued occupancy. (d) Required acceptance of section 8 (42 U.S.C. 1437f) assistance. (e) Regional pools. 4114. Permissible prepayment or voluntary termination and modification of commitments. (a) In general. (b) Section 8 (42 U.S.C. 1437f) rental assistance. 4115. Timetable for approval of plan of action. (a) Notification of deficiencies. (b) Notification of approval. (c) Delayed approval. 4116. Resident homeownership program. (a) Formation of resident council. (b) Other program requirements and limitations. 4117. Delegated responsibility to State agencies. (a) In general. (b) Approval. (c) Implementation agreements. 4118. Consultations with other interested parties. 4119. Definitions. 4120. Notice to tenants. 4121. Definitions of qualified and priority purchaser and related party rule. (a) Priority purchaser. (b) Qualified purchaser. (c) Related parties. (d) Management exception. 4122. Preemption of State and local laws. (a) In general. (b) Effect. 4123. Severability. 4124. Authorization of appropriations. (a) General. (b) Grants. 4125. State preservation project assistance. (1) In general. (2) Section 8 (42 U.S.C. 1437f). (3) Restriction. -COD- CODIFICATION Subtitles A and B of the Low-Income Housing Preservation and Resident Homeownership Act of 1990, Pub. L. 100-242, title II, as revised generally by Pub. L. 101-625, title VI, Sec. 601(a), Nov. 28, 1990, 104 Stat. 4249, comprise this chapter. Prior to the general revision by Pub. L. 101-625 subtitles A and B (Sec. 201-235) of the Emergency Low Income Housing Preservation Act of 1987, Pub. L. 100-242, title II, Feb. 5, 1988, 101 Stat. 1877, as amended by Pub. L. 100-628, title X, Sec. 1021-1027, Nov. 7, 1988, 102 Stat. 3270, 3271; Pub. L. 101-235, title II, Sec. 201, 202(a)-(c), 203(b), Dec. 15, 1989, 103 Stat. 2037, 2038; Pub. L. 101-402, Sec. 1, Oct. 1, 1990, 104 Stat. 866; Pub. L. 101-494, Sec. 1(c), 2(a), Oct. 31, 1990, 104 Stat. 1185, were set out as a note under section 1715l of this title and amended section 1715z-6 of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 4125 of this title. ------DocID 17006 Document 7 of 6259------ -CITE- 13 USC Sec. 42 -EXPCITE- TITLE 13 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 42. Contents of reports; number of bales of linter; distribution; publication by Department of Agriculture -STATUTE- (a) The statistics of the quantity of cotton ginned shall show the quantity ginned from each crop prior to August 1, September 1, September 15, October 1, October 15, November 1, November 15, December 1, December 15, January 1, January 15, February 1, and March 1; but the Secretary may limit the canvasses of August 1 and September 1 to those sections of the cotton-growing States in which cotton has been ginned. (b) The quantity of cotton consumed in manufacturing establishments, the quantity of baled cotton on hand, the number of active consuming cotton spindles, the number of active spindle-hours, and the statistics of cotton imported and exported shall relate to each month, and shall be published as soon as possible after the close of the month. (c) In collecting and publishing statistics of cotton on hand in warehouses and other storage establishments, and of cotton known as the 'carry-over' in the United States, the Secretary shall ascertain and publish as a separate item in the report of cotton statistics the number of bales of linters as distinguished from the number of bales of cotton. (d) The Secretary shall furnish to the Department of Agriculture, immediately prior to the publication of each report of that Department regarding the cotton crop, the latest available statistics hereinbefore mentioned, and the Department of Agriculture shall publish the same in connection with each of its reports concerning cotton. -SOURCE- (Aug. 31, 1954, ch. 1158, 68 Stat. 1016; June 30, 1972, Pub. L. 92-331, Sec. 4, 86 Stat. 400.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., Sec. 72, 72a (Apr. 2, 1924, ch. 80, Sec. 2, 43 Stat. 31; June 18, 1929, ch. 28, Sec. 21, 46 Stat. 26; June 27, 1930, ch. 639, 46 Stat. 821; June 28, 1949, ch. 256, Sec. 1, 63 Stat. 278). Section consolidates sections 72 and 72a of title 13, U.S.C., 1952 ed. '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. AMENDMENTS 1972 - Subsec. (a). Pub. L. 92-331 substituted 'September 1, September 15, October 1, October 15, November 1, November 15, December 1, December 15, January 1, January 15, February 1,' for 'August 16, September 1, September 16, October 1, October 18, November 1, November 14, December 1, December 13, January 16,' and 'September 1' for 'August 16'. -CROSS- CROSS REFERENCES Cotton crop reports, issuance by Secretary of Agriculture simultaneously with cotton-ginning reports of Bureau of the Census, see section 475 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 2276. ------DocID 17079 Document 8 of 6259------ -CITE- 14 USC Sec. 42 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 42. Number and distribution of commissioned officers -STATUTE- (a) The total number of commissioned officers, excluding commissioned warrant officers, on active duty in the Coast Guard shall not exceed 6,000. (b) The commissioned officers on the active duty promotion list shall be distributed in grade in the following percentages, respectively: rear admiral 0.375; rear admiral (lower half) 0.375; captain 6.0; commander 12.0; lieutenant commander 18.0. The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. The Secretary may, as the needs of the Coast Guard require, reduce the percentage applicable to any grade above lieutenant commander, and in order to compensate for such reduction increase correspondingly the percentage applicable to any lower grade. (c) The Secretary shall, at least once each year, make a computation to determine the number of officers on the active duty promotion list authorized to be serving in each grade. The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving on active duty on the date the computation is made. In making computations under this section the nearest whole number shall be regarded as the authorized number in any case where there is a fraction in the final result. (d) The numbers resulting from such computations shall be for all purposes the authorized number in each grade, except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason. (e) Officers who are not included on the active duty promotion list, officers serving as extra numbers in grade under sections 432 and 433 (FOOTNOTE 1) of this title, and officers serving with other departments or agencies on a reimbursable basis or excluded under the provisions of section 324(d) of title 49, shall not be counted in determining authorized strengths under subsection (c) and shall not count against those strengths. The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components shall be prescribed by the Secretary. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 497; July 20, 1956, ch. 647, Sec. 2, 70 Stat. 588; May 14, 1960, Pub. L. 86-474, Sec. 1(2), 74 Stat. 144; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(2), 77 Stat. 174; June 9, 1966, Pub. L. 89-444, Sec. 1(2), 80 Stat. 195; July 5, 1968, Pub. L. 90-385, 82 Stat. 293; Oct. 2, 1972, Pub. L. 92-451, Sec. 1(2), 86 Stat. 755; Dec. 5, 1973, Pub. L. 93-174, Sec. 1(2), 87 Stat. 692; June 13, 1979, Pub. L. 96-23, Sec. 4, 93 Stat. 68; Jan. 4, 1983, Pub. L. 97-417, Sec. 2(2), 96 Stat. 2085; Jan. 12, 1983, Pub. L. 97-449, Sec. 5(b), 96 Stat. 2442; Oct. 30, 1984, Pub. L. 98-557, Sec. 25(a)(1), 98 Stat. 2872; Nov. 8, 1985, Pub. L. 99-145, title V, Sec. 514(c)(1), 99 Stat. 629.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 6a (July 23, 1947, ch. 301, Sec. 1, 61 Stat. 409). The only change is in phraseology in the second sentence, it being necessary to include the extra numbers authorized by the act of July 23, 1947, in the figure given as the present number of extra numbers in the Coast Guard. 81st Congress, House Report No. 557. -REFTEXT- REFERENCES IN TEXT Section 433 of this title, referred to in subsec. (e), was repealed by Pub. L. 99-640, Sec. 10(a)(6)(A), Nov. 10, 1986, 100 Stat. 3549. -MISC2- AMENDMENTS 1985 - Subsec. (b). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore'. 1984 - Subsec. (b). Pub. L. 98-557 substituted '0.375' for '.375' in two places. 1983 - Subsec. (b). Pub. L. 97-417 substituted '.375; commodore .375;' for '0.75;' after 'rear admiral'. Subsec. (e). Pub. L. 97-449 substituted 'section 324(d) of title 49' for 'section 9(d)(1) of the Department of Transportation Act (80 Stat. 944; 49 U.S.C. 1657)'. 1979 - Subsec. (a). Pub. L. 96-23 substituted '6,000' for 'five thousand'. 1973 - Subsec. (e). Pub. L. 93-174 substituted 'Coast Guard Academy and of the' for 'Coast Guard Academy, of the' and struck out ', and of the Women's Reserve' after 'training and reserve components'. 1972 - Subsec. (e). Pub. L. 92-451 inserted provision that officers excluded under section 1657(d)(1) of Title 49 shall not be counted in determining authorized strengths. 1968 - Subsec. (a). Pub. L. 90-385 substituted 'five thousand' for 'four thousand'. 1966 - Subsec. (a). Pub. L. 89-444 substituted 'four thousand' for 'three thousand five hundred'. 1963 - Pub. L. 88-130 specified percentage of distribution of commissioned officers from rear admiral to lieutenant commander, authorized Secretary to prescribe percentages for lieutenant, lieutenant (junior grade), and ensign, required number in each grade to be computed by applying the applicable percentage to the total number of officers serving on active duty on the date the computation is made, provided that officers not on the active duty promotion list, officers serving as extra numbers in grade, and officers serving with other departments or agencies on a reimbursable basis shall not be counted in determining authorized strengths and that the number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy, of the Reserve, and of the Women's Reserve shall be prescribed by the Secretary, and struck out provisions which included in the number of commissioned officers the extra numbers in grade which increase the authorized number of line officers upon separation or retirement of the person holding such number, and the members of the permanent commissioned teaching staff of the Coast Guard Academy, distributed commissioned officers in grades in the same percentages as prescribed for the Navy, determined authorized number of officers in the various grades by the actual number on active duty, including permanent, temporary, and reserve officers, but not including extra numbers in the Coast Guard at the date of making the computation, and which provided that no officer be reduced in permanent grade or pay or removed from the active list as a result of any computation of the number of officers in grade. 1960 - Pub. L. 86-474 substituted 'three thousand five hundred' for 'three thousand'. 1956 - Act July 20, 1956, substituted 'three thousand' for 'two thousand two hundred and fifty' and inserted 'except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason'. 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 Navy, distribution of commissioned officers, see section 521 et seq. of Title 10, Armed Forces. Professors of Coast Guard Academy, number and appointment, see sections 187, 188 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 271 of this title. ------DocID 17482 Document 9 of 6259------ -CITE- 15 USC Sec. 42 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 42. Employees; expenses -STATUTE- Each commissioner shall receive a salary, payable in the same manner as the salaries of the judges of the courts of the United States. The commission shall appoint a secretary, who shall receive a salary, and it shall have authority to employ and fix the compensation of such attorneys, special experts, examiners, clerks, and other employees as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appropriated for by Congress. With the exception of the secretary, a clerk to each Commissioner, the attorneys, and such special experts and examiners as the Commission may from time to time find necessary for the conduct of its work, all employees of the Commission shall be a part of the classified civil service, and shall enter the service under such rules and regulations as may be prescribed by the Commission and by the Director of the Office of Personnel Management. All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners or by their employees under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Commission. Until otherwise provided by law, the Commission may rent suitable offices for its use. The General Accounting Office shall receive and examine all accounts of expenditures of the Commission. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 2, 38 Stat. 718; June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24; 1978 Reorg. Plan No. 2, Sec. 102, 43 F.R. 36037, 92 Stat. 3783.) -REFTEXT- REFERENCES IN TEXT The classified civil service, referred to in second par., means the 'competitive service', see section 2102 of Title 5, Government Organization and Employees. Rules and regulations of the Civil Service Commission for entry into the service are prescribed generally under authority of section 3301 et seq. of Title 5. -COD- CODIFICATION In the first par., provisions that fixed the salary of the commissioners have been omitted as obsolete. The positions of chairman and members of the commission are now under the Executive Schedule, see sections 5414 and 5315 of Title 5, Government Organization and Employees. Provisions that fixed the salary of the secretary of the commission, payable in like manner, have been omitted as obsolete. The position is now subject to chapter 51 and subchapter III of chapter 53 (relating to classification and General Schedule pay rates) and section 5504 (relating to biweekly pay periods) of Title 5. -TRANS- TRANSFER OF FUNCTIONS 'Director of the Office of Personnel Management' substituted in text for 'Civil Service Commission' pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in the United States Civil Service Commission to the Director of the Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. 'General Accounting Office' substituted in text for 'Auditor for the State and Other Departments' pursuant to act June 10, 1921, which transferred all powers and duties of the Comptroller, six auditors, and certain other employees of the Treasury to the General Accounting Office. See section 701 et seq. of Title 31, Money and Finance. ------DocID 17784 Document 10 of 6259------ -CITE- 15 USC Sec. 80a-42 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-42. Court review of orders -STATUTE- (a) Any person or party aggrieved by an order issued by the Commission under this subchapter may obtain a review of such order in the United States court of appeals within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within sixty days after the entry of such order, a written petition praying that the order of the Commission be modified or set aside in whole or in part. A copy of such petition shall be forthwith transmitted by the clerk of the court to any member of the Commission or any officer thereof designated by the Commission for that purpose, and thereupon the Commission shall file in the court the record upon which the order complained of was entered, as provided in section 2112 of title 28. Upon the filing of such petition such court shall have jurisdiction, which upon the filing of the record shall be exclusive, to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission or unless there were reasonable grounds for failure so to do. The findings of the Commission as to the facts, if supported by substantial evidence, shall be conclusive. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings as to the facts by reason of the additional evidence so taken, and it shall file with the court such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. (b) The commencement of proceedings under subsection (a) of this section to review an order of the Commission issued under section 80a-8(e) of this title shall operate as a stay of the Commission's order unless the court otherwise orders. The commencement of proceedings under subsection (a) of this section to review an order of the Commission issued under any provision of this subchapter other than section 80a-8(e) of this title shall not operate as a stay of the Commission's order unless the court specifically so orders. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 43, 54 Stat. 844; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Aug. 28, 1958, Pub. L. 85-791, Sec. 25, 72 Stat. 949; Dec. 14, 1970, Pub. L. 91-547, Sec. 21, 84 Stat. 1430.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-547 substituted reference to 'section 1254' for 'sections 346 and 347' of title 28. 1958 - Subsec. (a). Pub. L. 85-791, in second sentence, substituted 'transmitted by the clerk of the court to any member of the Commission or' for 'served upon any member of the Commission or upon', substituted 'file in the court' for 'certify and file in the court a transcript of', and inserted 'as provided in section 2112 of title 28' and, in third sentence, substituted 'petition' for 'transcript', and 'jurisdiction, which upon the filing of the record shall be exclusive' for 'exclusive jurisdiction'. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted 'court of appeals' for 'circuit court of appeals'. -MISC4- EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective Dec. 14, 1970, see section 30 of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Review of orders under - Investment Advisers Act of 1940, see section 80b-13 of this title. Public Utility Holding Company Act of 1935, see section 79x of this title. Securities Act of 1933, see section 77i of this title. Securities Exchange Act of 1934, see section 78y of this title. Trust Indenture Act of 1939, see section 77vvv of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-9, 80a-58 of this title. ------DocID 18784 Document 11 of 6259------ -CITE- 15 USC CHAPTER 42 -EXPCITE- TITLE 15 CHAPTER 42 -HEAD- CHAPTER 42 - INTERSTATE LAND SALES -MISC1- Sec. 1701. Definitions. 1702. Exemptions. (a) Sale or lease of lots generally. (b) Sale or lease of lots subject to other statutory registration and disclosure requirements. (c) Rules and regulations. 1703. Requirements respecting sale or lease of lots. (a) Prohibited activities. (b) Revocation of nonexempt contract or agreement at option of purchaser or lessee; time limit. (c) Revocation of contract or agreement at option of purchaser or lessee where required property report not supplied. (d) Additional authority for revocation of nonexempt contract or agreement at option of purchaser or lessee; time limit; applicability. (e) Repayment of purchaser or lessee upon revocation of all money paid under contract or agreement to seller or lessor. 1704. Registration of subdivisions. (a) Filing of statement of record. (b) Payment of fees; use by Secretary. (c) Filing deemed to have taken place upon receipt of statement of record accompanied by fee. (d) Availability of information to public. 1705. Information required in statement of record. 1706. Effective date of statements of record and amendments thereto. (a) Thirtieth day after filing or such earlier date as determined by Secretary; consolidation of subsequent statement with earlier recording. (b) Incomplete or inaccurate statements of record. (c) Amendment of statement of record. (d) Suspension of statement of record containing untrue statement or omission to state material fact; notice and hearing; termination of order of suspension. (e) Examination to determine issuance of order; access to records; order suspending statement of record upon failure to cooperate. (f) Service of notices. 1707. Property report. (a) Contents of report. (b) Promotional use. 1708. Certification of substantially equivalent State law. (a) Criteria; request by State. (b) Filing of State disclosure materials and related documentation for purposes of Federal statement of record and property report requirements; acceptance by Secretary. (c) Notice to State upon failure to meet requirements and remedial action necessary for certification. (d) Periodic review of certified States' laws, regulations, and administration; withdrawal of certification. (e) State and local governmental authorities affected; cooperation with State authorities. 1709. Civil liabilities. (a) Violations; relief recoverable. (b) Enforcement of rights by purchaser or lessee. (c) Amounts recoverable. (d) Contributions. 1710. Court review of orders. (a) Petition; jurisdiction; findings of Secretary; additional evidence; finality. (b) Stay of Secretary's order. 1711. Limitation of actions. (a) Section 1703(a) violations. (b) Section 1703(b) to (e) violations. 1712. Contrary stipulations void. 1713. Additional remedies. 1714. Investigations, injunctions, and prosecution of offenses. (a) Permanent or temporary injunction or restraining order; jurisdiction. (b) Investigations; publication of information concerning violations. (c) Oaths and affirmations; subpena power. (d) Contempt; court order requiring attendance and testimony of witnesses; jurisdiction. 1715. Administration. (a) Delegation of functions, duties, and powers; scope of delegations; appointment, etc., of delegates; right of appeal. (b) Hearings. (c) Procedures applicable. 1716. Unlawful representations. 1717. Penalties for violations. 1717a. Civil money penalties. (a) In general. (b) Agency procedures. (c) Judicial review of agency determination. (d) Action to collect penalty. (e) Settlement by Secretary. (f) 'Knowingly' defined. (g) Regulations. (h) Use of penalties for administration. 1718. Rules, regulations, and orders. 1719. Jurisdiction of offenses and suits. 1719a. Reports to Congress. 1720. Authorization of appropriations. ------DocID 19672 Document 12 of 6259------ -CITE- 16 USC Sec. 42 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 42. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028 -MISC1- Section, act July 1, 1916, ch. 209, Sec. 1, 39 Stat. 308, related to donations of lands or rights-of-way. For general provisions relating to donations of lands, etc., see section 6 of this title. ------DocID 21424 Document 13 of 6259------ -CITE- 16 USC Sec. 460uu-42 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-42. Acquisition of lands and interests -STATUTE- Within the monument and the conservation area, the Secretary is authorized to acquire lands and interests in lands by donation, purchase with donated or appropriated funds, exchange, or transfer from any other Federal agency, except that such lands or interests therein owned by the State of New Mexico or a political subdivision thereof may be acquired only by exchange. It is the sense of Congress that the Secretary is to complete the acquisition of non-Federal subsurface interests underlying the monument and the conservation area no later than three full fiscal years after the fiscal year of enactment of this subchapter. -SOURCE- (Pub. L. 100-225, title V, Sec. 502, Dec. 31, 1987, 101 Stat. 1544.) -REFTEXT- REFERENCES IN TEXT The fiscal year of enactment of this subchapter, referred to in text, is the fiscal year of the enactment of Pub. L. 100-225, which enacted this subchapter, and was approved Dec. 31, 1987. ------DocID 23164 Document 14 of 6259------ -CITE- 16 USC CHAPTER 42 -EXPCITE- TITLE 16 CHAPTER 42 -HEAD- CHAPTER 42 - EMERGENCY CONSERVATION PROGRAM -MISC1- Sec. 2201. Payments to agricultural producers for carrying out wind erosion control or rehabilitation measures; criteria. 2202. Payments to agricultural producers for carrying out water conservation or water enhancing measures; criteria. 2203. Undertaking of runoff retardation and soil-erosion preventive measures; cooperation with landowners and land users; criteria. 2204. Authorization of appropriations; availability of funds; implementation of provisions; limitations on expenditures. 2205. Regulations for implementation of provisions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 26 section 126. ------DocID 23814 Document 15 of 6259------ -CITE- 18 USC Sec. 42 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- Sec. 42. Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations -STATUTE- (a)(1) The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called 'flying foxes' or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act, insofar as such importation is subject to regulation under that Act. (2) As used in this subsection, the term 'wild' relates to any creatures that, whether or not raised in captivity, normally are found in a wild state; and the terms 'wildlife' and 'wildlife resources' include those resources that comprise wild mammals, wild birds, fish (including mollusks and crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent. (3) Notwithstanding the foregoing, the Secretary of the Interior, when he finds that there has been a proper showing of responsibility and continued protection of the public interest and health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammals, birds, fish, (including mollusks and crustacea), amphibia, and reptiles, or the offspring or eggs thereof, where such importation would be prohibited otherwise by or pursuant to this Act, and this Act shall not restrict importations by Federal agencies for their own use. (4) Nothing in this subsection shall restrict the importation of dead natural-history specimens for museums or for scientific collections, or the importation of domesticated canaries, parrots (including all other species of psittacine birds), or such other cage birds as the Secretary of the Interior may designate. (5) The Secretary of the Treasury and the Secretary of the Interior shall enforce the provisions of this subsection, including any regulations issued hereunder, and, if requested by the Secretary of the Interior, the Secretary of the Treasury may require the furnishing of an appropriate bond when desirable to insure compliance with such provisions. (b) Whoever violates this section, or any regulation issued pursuant thereto, shall be fined not more than $500 or imprisoned not more than six months, or both. (c) The Secretary of the Interior within one hundred and eighty days of the enactment of the Lacey Act Amendments of 1981 shall prescribe such requirements and issue such permits as he may deem necessary for the transportation of wild animals and birds under humane and healthful conditions, and it shall be unlawful for any person, including any importer, knowingly to cause or permit any wild animal or bird to be transported to the United States, or any Territory or district thereof, under inhumane or unhealthful conditions or in violation of such requirements. In any criminal prosecution for violation of this subsection and in any administrative proceeding for the suspension of the issuance of further permits - (1) the condition of any vessel or conveyance, or the enclosures in which wild animals or birds are confined therein, upon its arrival in the United States, or any Territory or district thereof, shall constitute relevant evidence in determining whether the provisions of this subsection have been violated; and (2) the presence in such vessel or conveyance at such time of a substantial ratio of dead, crippled, diseased, or starving wild animals or birds shall be deemed prima facie evidence of the violation of the provisions of this subsection. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 687; May 24, 1949, ch. 139, Sec. 2, 63 Stat. 89; Sept. 2, 1960, Pub. L. 86-702, Sec. 1, 74 Stat. 753; Nov. 16, 1981, Pub. L. 97-79, Sec. 9(d), 95 Stat. 1079; Nov. 29, 1990, Pub. L. 101-646, title I, Sec. 1208, 104 Stat. 4772.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., Sec. 391, 394 (Mar. 4, 1909, ch. 321, Sec. 241, 244, 35 Stat. 1137, 1138; June 15, 1935, ch. 261, title II, Sec. 201, 49 Stat. 381; Reorg. Plan No. II, Sec. 4(f), 4 F.R. 2731, 53 Stat. 1433). This section consolidates the provisions of sections 391 and 394 of title 18, U.S.C., 1940 ed., as subsections (a) and (b), respectively. In subsection (a) the words 'Territory or District thereof' were omitted as unnecessary in view of the definition of the United States in section 5 of this title. In subsection (b) the words 'upon conviction thereof', were omitted as surplusage because punishment can only be imposed after conviction. The amount of the fine was reduced from $1,000 to $500, thus making the violation a petty offense as defined in section 1 of this title. (See also section 41 of this title which provides a similar punishment.) Minor verbal changes were also made. 1949 ACT This section (section 2) incorporates in section 42 of title 18, U.S.C., with slight changes in phraseology, the provisions of act of June 29, 1948 (ch. 716, 62 Stat. 1096), which became law subsequent to the enactment of the revision of title 18. -REFTEXT- REFERENCES IN TEXT The Public Health Service Act, referred to in subsec. (a)(1), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified generally to chapter 6A (Sec. 201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21, Foods and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. The Federal Plant Pest Act, referred to in subsec. (a)(1), is Pub. L. 85-36, title I, May 23, 1957, 71 Stat. 31, as amended, which is classified generally to chapter 7B (Sec. 150aa et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 150aa of Title 7 and Tables. This Act, referred to in subsec. (a)(3), probably refers to Pub. L. 86-702, which amended this section and section 43 of this title. The enactment of the Lacey Act Amendments of 1981, referred to in subsec. (c), means the date of enactment of Pub. L. 97-79, which was approved Nov. 16, 1981. -MISC2- AMENDMENTS 1990 - Subsec. (a)(1). Pub. L. 101-646 inserted 'of the zebra mussel of the species Dreissena polymorpha;' after 'Pteropus;'. 1981 - Subsec. (c). Pub. L. 97-79 substituted 'Secretary of the Interior within one hundred and eighty days of the enactment of the Lacey Act Amendments of 1981' for 'Secretary of the Treasury'. 1960 - Pub. L. 86-702 substituted 'Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia and reptiles; permits; specimens for museums; regulations' for 'Importation of injurious animals and birds; permits; specimens for museums' in section catchline. Subsec. (a)(1). Pub. L. 86-702 designated first sentence of subsec. (a) as par. (1), prohibited importation into the Commonwealth of Puerto Rico or any possession of the United States and shipments between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, described the mongoose and flying foxes by their scientific names, extended the provisions prohibiting importation or shipment to include wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, or their eggs or offspring, empowered the Secretary to prohibit importation or shipment if injurious to human beings, forestry, or to wildlife or wildlife resources, required prompt exportation or destruction at the expense of the importer or consignee, provided that this section shall not be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act and that it shall not authorize any action with respect to the importation of plant pests, and deleted provisions which required destruction of prohibited birds and animals or their return at the expense of the owner, and which prohibited the importation of the English sparrow and the starling. Subsec. (a)(2), (3). Pub. L. 86-702 added pars. (2) and (3). Subsec. (a)(4). Pub. L. 86-702 designated second sentence of subsec. (a) as par. (4), limited importation of natural-history specimens to dead ones, and included all species of psittacine birds. Subsec. (a)(5). Pub. L. 86-702 designated third sentence of subsec. (a) as par. (5), authorized enforcement by the Secretary of the Interior, and permitted the Secretary of the Treasury, if requested by the Secretary of the Interior, to require the furnishing of a bond. Subsec. (b). Pub. L. 86-702 included violations of regulations. 1949 - Subsec. (a). Act May 24, 1949, made section applicable to any Territory or district thereof as well as to the United States, and changed phraseology. Subsec. (b). Act May 24, 1949, reenacted subsec. (b) without change. Subsec. (c). Act May 24, 1949, added subsec. (c). EXOTIC ORGANISMS For provisions relating to restrictions on the introduction of exotic organisms into natural ecosystems of the United States, see Ex. Ord. No. 11987, May 24, 1977, 42 F.R. 26949, set out as a note under section 4321 of Title 42, The Public Health and Welfare. -CROSS- CROSS REFERENCES Preservation of game and wild birds; duties and powers of Secretary of the Interior; regulations as to hunting, see section 701 et seq. of Title 16, Conservation. Unlawful transportation or importation of migratory birds, see sections 705 and 707 of Title 16. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 19 section 1527. ------DocID 24092 Document 16 of 6259------ -CITE- 18 USC CHAPTER 42 -EXPCITE- TITLE 18 PART I CHAPTER 42 -HEAD- CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS -MISC1- Sec. 891. Definitions and rules of construction. 892. Making extortionate extensions of credit. 893. Financing extortionate extensions of credit. 894. Collection of extensions of credit by extortionate means. (895. Repealed.) 896. Effect on State laws. AMENDMENTS 1970 - Pub. L. 91-452, title II, Sec. 223(b), Oct. 15, 1970, 84 Stat. 929, struck out item 895 'Immunity of witnesses'. 1968 - Pub. L. 90-321, title II, Sec. 202(a), May 29, 1968, 82 Stat. 159, added chapter 42 and items 891 to 896. ------DocID 25132 Document 17 of 6259------ -CITE- 18 USC Rule 42 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS IX -HEAD- Rule 42. Criminal Contempt -STATUTE- (a) Summary Disposition. A criminal contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. The order of contempt shall recite the facts and shall be signed by the judge and entered of record. (b) Disposition Upon Notice and Hearing. A criminal contempt except as provided in subdivision (a) of this rule shall be prosecuted on notice. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the criminal contempt charged and describe it as such. The notice shall be given orally by the judge in open court in the presence of the defendant or, on application of the United States attorney or of an attorney appointed by the court for that purpose, by an order to show cause or an order of arrest. The defendant is entitled to a trial by jury in any case in which an act of Congress so provides. The defendant is entitled to admission to bail as provided in these rules. If the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing except with the defendant's consent. Upon a verdict or finding of guilt the court shall enter an order fixing the punishment. -SOURCE- (As amended Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES The rule-making power of the Supreme Court with respect to criminal proceedings was extended to proceedings to punish for criminal contempt of court by the Act of November 21, 1941 (55 Stat. 779), 18 U.S.C. 689 (see 3771, 3772). Note to Subdivision (a). This rule is substantially a restatement of existing law, Ex parte Terry, 128 U.S. 289; Cooke v. United States, 267 U.S. 517, 534. Note to Subdivision (b). 1. This rule is substantially a restatement of the procedure prescribed in 28 U.S.C. 386-390 (now 18 U.S.C. 401, 402, 3285, 3691), and 29 U.S.C. 111 (now 18 U.S.C. 3692). 2. The requirement in the second sentence that the notice shall describe the criminal contempt as such is intended to obviate the frequent confusion between criminal and civil contempt proceedings and follows the suggestion made in McCann v. New York Stock Exchange, 80 F.2d 211 (C.C.A. 2d). See also Nye v. United States, 313 U.S. 33, 42-43. 3. The fourth sentence relating to trial by jury preserves the right to a trial by jury in those contempt cases in which it is granted by statute, but does not enlarge the right or extend it to additional cases. The respondent in a contempt proceeding may demand a trial by jury as of right if the proceeding is brought under the Act of March 23, 1932, c. 90, sec. 11, 47 Stat. 72, 29 U.S.C. 111 (now 18 U.S.C. 3692) (Norris-La Guardia Act), or the Act of October 15, 1914, c. 323, sec. 22, 38 Stat. 738, 28 U.S.C. 387 (Clayton Act). 4. The provision in the sixth sentence disqualifying the judge affected by the contempt if the charge involves disrespect to or criticism of him, is based, in part, on 29 U.S.C. former Sec. 112 (Contempts; demand for retirement of judge sitting in proceeding) and the observations of Chief Justice Taft in Cooke v. United States, 267 U.S. 517, 539, 45 S.Ct. 390, 69 L.Ed. 767. 5. Among the statutory provisions defining criminal contempts are the following: U.S.C., Title 7: Section 499m (Perishable Agricultural Commodities Act; investigation of complaints; procedure; penalties; etc. - (c) Disobedience to subpenas; remedy; contempt) U.S.C., Title 9: Section 7 (Witnesses before arbitrators; fees, compelling attendance) U.S.C., Title 11: Section 69 (former) (Referees; contempts before) U.S.C., Title 15: Section 49 (Federal Trade Commission; documentary evidence; depositions; witnesses) Section 78u (Regulation of Securities Exchanges; investigation; injunctions and prosecution of offenses) Section 100 (Trademarks; destruction of infringing labels; service of injunction, and proceedings for enforcement) Section 155 (China Trade Act; authority of registrar in obtaining evidence) U.S.C., Title 17: Section 36 (now 502) (Injunctions; service and enforcement) U.S.C., Title 19: Section 1333 (Tariff Commission; testimony and production of papers - (b) Witnesses and evidence) U.S.C., Title 22: Section 270f (International Bureaus; Congresses, etc.; perjury; contempts; penalties) U.S.C., Title 28: Section 385 (now 459; 18 U.S.C. 401) (Administration of oaths; contempts) Section 386 (now 18 U.S.C. 402, 3691) (Contempts; when constituting also criminal offense) Section 387 (now 18 U.S.C. 402) (Same; procedure; bail; attachment; trial; punishment) (Clayton Act; jury trial; section) Section 388 (former) (Same; review of conviction) Section 389 (now 18 U.S.C. 402, 3691) (Same; not specifically enumerated) Section 390 (now 18 U.S.C. 3285) (Same; limitations) Section 390a (now 18 U.S.C. 402) ('Person' or 'persons' defined) Section 648 (now Rule 17(f), FRCP, 18 U.S.C., Appendix; Rule 45(d), FRCP, 28 U.S.C., Appendix) (Depositions under dedimus potestatem; witnesses; when required to attend) Section 703 (former) (Punishment of witness for contempt) Section 714 (now 1784) (Failure of witness to obey subpena; order to show cause in contempt proceedings) Section 715 (now 1784) (Direction in order to show cause for seizure of property of witness in contempt) Section 716 (now 1784) (Service of order to show cause) Section 717 (now 1784) (Hearing on order to show cause; judgment; satisfaction) Section 750 (now 2405) (Garnishees in suits by United States against a corporation; garnishee failing to appear) U.S.C., Title 29: Section 111 (now 18 U.S.C. 3692) (Contempts; speedy and public trial; jury) (Norris-La Guardia Act) Section 112 (now Rule 42, FRCP, 18 U.S.C., Appendix) (Contempts; demands for retirement of judge sitting in proceeding) Section 160 (Prevention of unfair labor practices - (h) Jurisdiction of courts unaffected by limitations prescribed in sections 101-115 of Title 29) Section 161 (Investigatory powers of Board - (2) Court aid in compelling production of evidence and attendance of witnesses) Section 209 (Fair Labor Standards Act; attendance of witnesses) U.S.C., Title 33: Section 927 (Longshoremen's and Harbor Workers' Compensation Act; powers of deputy commissioner) U.S.C., Title 35: Section 56 (now 24) (Failing to attend or testify) U.S.C., Title 47: Section 409 (Federal Communications Commission; hearing; subpenas; oaths; witnesses; production of books and papers; contempts; depositions; penalties) U.S.C., Title 48: Section 1345a (Canal Zone; general jurisdiction of district court; issue of process at request of officials; witnesses; contempt) U.S.C., Title 49: Section 12 (now 10321(c)(3)) (Interstate Commerce Commission; authority and duties of commission; witnesses; depositions - (3) Compelling attendance and testimony of witnesses, etc.) Federal Rules of Civil Procedure: Rule 45 (Subpoena) subdivision (f) (Contempt) NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. TAFT-HARTLEY INJUNCTIONS Former section 112 of Title 29, Labor, upon which subd. (b) of this rule is in part based, as inapplicable to injunctions issued under the Taft-Hartley Act, see section 178 of said Title 29. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Rule 45 (Subpena) subdivision (f) (Contempt). CROSS REFERENCES Admission to bail, see rule 46. Criminal contempt constituting an offense, see section 402 of this title. Jury trial - Criminal contempt, see section 3691 of this title. Labor dispute contempt, see section 3692 of this title. Power of court to punish for criminal contempt, see section 401 of this title. -SECREF- RULE REFERRED TO IN U.S. CODE This rule is referred to in title 15 section 1267. ------DocID 25178 Document 18 of 6259------ -CITE- 19 USC Sec. 42 to 45 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 42 to 45. Repealed. Aug. 8, 1953, ch. 397, Sec. 2(a), 67 Stat. 507 -MISC1- Sections, R.S. Sec. 2639 to 2641, 2643, related to various accounting duties of collectors, comptrollers, and surveyors of customs. Those provisions are covered generally in chapters 33 and 35 of Title 31, Money and Finance. Section 42 was amended by act July 31, 1894, ch. 174, Sec. 19, 28 Stat. 210. EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Repeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953. ------DocID 26091 Document 19 of 6259------ -CITE- 20 USC Sec. 42 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 42. Board of Regents; members -STATUTE- The business of the Institution shall be conducted at the city of Washington by a Board of Regents, named the Regents of the Smithsonian Institution, to be composed of the Vice President, the Chief Justice of the United States, three Members of the Senate, three Members of the House of Representatives, and nine other persons, other than Members of Congress, two of whom shall be resident in the city of Washington, and seven of whom shall be inhabitants of some State, but no two of them of the same State. -SOURCE- (R.S. Sec. 5580; Mar. 12, 1894, ch. 36, 28 Stat. 41; Dec. 15, 1970, Pub. L. 91-551, Sec. 1(a), 84 Stat. 1439.) -COD- CODIFICATION R.S. Sec. 5580 derived from acts Aug. 10, 1846, ch. 178, Sec. 3, 9 Stat. 103; Jan. 10, 1865, ch. 11, 13 Stat. 420; Mar. 20, 1871, ch. 1, 17 Stat. 1. -MISC3- AMENDMENTS 1970 - Pub. L. 91-551 authorized three additional persons on the Board of Regents. 1894 - Act Mar. 12, 1894, struck out 'the governor of the District of Columbia' after 'the Chief Justice of the United States,'. -CROSS- CROSS REFERENCES National Zoological Park, administration by Regents of Smithsonian Institution, see section 81 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title. ------DocID 27298 Document 20 of 6259------ -CITE- 20 USC CHAPTER 42 -EXPCITE- TITLE 20 CHAPTER 42 -HEAD- CHAPTER 42 - HARRY S TRUMAN MEMORIAL SCHOLARSHIPS -MISC1- Sec. 2001. Congressional statement of findings. 2002. Definitions. 2003. Other Federal memorials prohibited. 2004. Harry S Truman Scholarship Foundation. (a) Establishment. (b) Board of Trustees; membership. (c) Term of office. (d) Compensation. 2005. Truman scholars. (a) Basis for award. (b) Maximum period of award. (c) Recipient's choice of institution. (d) Encouragement of recipient to pursue public service career. 2006. Selection of scholars. (a) Nationwide competition. (b) Procedures. 2007. Stipends. 2008. Scholarship conditions. (a) Satisfactory proficiency and devotion of full time to study or research; unapproved employment. (b) Reports; certification by official of institution. 2009. Harry S Truman Memorial Scholarship Trust Fund. (a) Establishment. (b) Investment in interest bearing obligations. (c) Sale and redemption of obligations. (d) Credit to the fund of interest and proceeds of sale or redemption. 2010. Expenditures and audit of Trust Fund. (a) Authorization of funding. (b) Access to books, records, etc. by General Accounting Office. 2011. Executive Secretary of Foundation. (a) Appointment; functions. (b) Compensation. 2012. Administrative provisions. (a) Powers of Foundation. (b) Annual report to Congress. 2013. Authorization of appropriations. ------DocID 28267 Document 21 of 6259------ -CITE- 21 USC Sec. 42 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 42. Board of experts; appointment; term; vacancies; compensation -STATUTE- On or before February 15 of each year, the Secretary of Health and Human Services shall appoint a board, to consist of seven members, each of whom shall be an expert in teas, and who shall prepare and submit to him standard samples of tea. The persons so appointed shall be at all times subject to removal by the said Secretary, and shall serve for the term of one year. Vacancies in the said board occurring by removal, death, resignation, or any other cause shall be forthwith filled by the Secretary of Health and Human Services by appointment, such appointee to hold for the unexpired term. Said board shall appoint a presiding officer, who shall be the medium of all communications to or from such board. Each member of said board shall receive as compensation the sum of $50 per annum, which, together with all necessary expenses while engaged upon the duty herein provided, shall be paid by the Secretary. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 2, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; July 12, 1943, ch. 221, title II, 57 Stat. 500; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695.) -MISC1- AMENDMENTS 1943 - Act July 12, 1943, provided that the Administrator should pay the salaries and expenses of the board members. -CHANGE- CHANGE OF NAME 'Secretary of Health and Human Services' substituted in text for 'Secretary of Health, Education, and Welfare' pursuant to section 509(b) of Pub. L. 96-88, which is classified to section 3508(b) of Title 20, Education. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare (now Health and Human Services), and of Food and Drug Administration to Federal Security Agency, see Transfer of Functions note set out under section 41 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 43, 45 of this title. ------DocID 29038 Document 22 of 6259------ -CITE- 22 USC Sec. 277d-42 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-42. Construction, operation, and maintenance of flood control works; authorization of appropriations; restrictions -STATUTE- If an agreement is concluded pursuant to section 277d-41 of this title, the Commissioner is authorized to construct, operate, and maintain flood control works located in the United States having substantially the characteristics described in 'Report on the Flood Control Project Rio Grande, Presidio Valley, Texas', prepared by the United States section, International Boundary and Water Commission, United States and Mexico; and there are hereby authorized to be appropriated to the Department of State for the use of the United States section of the Commission such sums as may be necessary to carry out the provisions of title II of this Act. No part of any appropriation under this section shall be expended for flood control works on any land, site, or easement unless such land, site, or easement has been acquired under the treaty for other purposes or by donation and, in the case of a donation, the title thereto has been approved in accordance with existing rules and regulations of the Attorney General of the United States. -SOURCE- (Pub. L. 92-549, title II, Sec. 202, Oct. 25, 1972, 86 Stat. 1163.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 92-549, Oct. 25, 1972, 86 Stat. 1161, known as the 'American-Mexican Boundary Treaty Act of 1972'. Title II of this Act enacted sections 277d-41 and 277d-42 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 277d-34 of this title and Tables. ------DocID 30629 Document 23 of 6259------ -CITE- 22 USC CHAPTER 42 -EXPCITE- TITLE 22 CHAPTER 42 -HEAD- CHAPTER 42 - INTERNATIONAL ECONOMIC POLICY ------DocID 31714 Document 24 of 6259------ -CITE- 25 USC Sec. 42 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 42. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632 -MISC1- Section, R.S. Sec. 2068, provided for interpreters for Indian agencies under Department of the Interior. ------DocID 33555 Document 25 of 6259------ -CITE- 26 USC Sec. 42 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart D -HEAD- Sec. 42. Low-income housing credit -STATUTE- (a) In general For purposes of section 38, the amount of the low-income housing credit determined under this section for any taxable year in the credit period shall be an amount equal to - (1) the applicable percentage of (2) the qualified basis of each qualified low-income building. (b) Applicable percentage: 70 percent present value credit for certain new buildings; 30 percent present value credit for certain other buildings For purposes of this section - (1) Building placed in service during 1987 In the case of any qualified low-income building placed in service by the taxpayer during 1987, the term 'applicable percentage' means - (A) 9 percent for new buildings which are not federally subsidized for the taxable year, or (B) 4 percent for - (i) new buildings which are federally subsidized for the taxable year, and (ii) existing buildings. (2) Buildings placed in service after 1987 (A) In general In the case of any qualified low-income building placed in service by the taxpayer after 1987, the term 'applicable percentage' means the appropriate percentage prescribed by the Secretary for the earlier of - (i) the month in which such building is placed in service, or (ii) at the election of the taxpayer - (I) the month in which the taxpayer and the housing credit agency enter into an agreement with respect to such building (which is binding on such agency, the taxpayer, and all successors in interest) as to the housing credit dollar amount to be allocated to such building, or (II) in the case of any building to which subsection (h)(4)(B) applies, the month in which the tax-exempt obligations are issued. A month may be elected under clause (ii) only if the election is made not later than the 5th day after the close of such month. Such an election, once made, shall be irrevocable. (B) Method of prescribing percentages The percentages prescribed by the Secretary for any month shall be percentages which will yield over a 10-year period amounts of credit under subsection (a) which have a present value equal to - (i) 70 percent of the qualified basis of a building described in paragraph (1)(A), and (ii) 30 percent of the qualified basis of a building described in paragraph (1)(B). (C) Method of discounting The present value under subparagraph (B) shall be determined - (i) as of the last day of the 1st year of the 10-year period referred to in subparagraph (B), (ii) by using a discount rate equal to 72 percent of the average of the annual Federal mid-term rate and the annual Federal long-term rate applicable under section 1274(d)(1) to the month applicable under clause (i) or (ii) of subparagraph (A) and compounded annually, and (iii) by assuming that the credit allowable under this section for any year is received on the last day of such year. (3) Cross references (A) For treatment of certain rehabilitation expenditures as separate new buildings, see subsection (e). (B) For determination of applicable percentage for increases in qualified basis after the 1st year of the credit period, see subsection (f)(3). (C) For authority of housing credit agency to limit applicable percentage and qualified basis which may be taken into account under this section with respect to any building, see subsection (h)(7). (c) Qualified basis; qualified low-income building For purposes of this section - (1) Qualified basis (A) Determination The qualified basis of any qualified low-income building for any taxable year is an amount equal to - (i) the applicable fraction (determined as of the close of such taxable year) of (ii) the eligible basis of such building (determined under subsection (d)(5)). (B) Applicable fraction For purposes of subparagraph (A), the term 'applicable fraction' means the smaller of the unit fraction or the floor space fraction. (C) Unit fraction For purposes of subparagraph (B), the term 'unit fraction' means the fraction - (i) the numerator of which is the number of low-income units in the building, and (ii) the denominator of which is the number of residential rental units (whether or not occupied) in such building. (D) Floor space fraction For purposes of subparagraph (B), the term 'floor space fraction' means the fraction - (i) the numerator of which is the total floor space of the low-income units in such building, and (ii) the denominator of which is the total floor space of the residential rental units (whether or not occupied) in such building. (E) Qualified basis to include portion of building used to provide supportive services for homeless In the case of a qualified low-income building described in subsection (i)(3)(B)(iii), the qualified basis of such building for any taxable year shall be increased by the lesser of - (i) so much of the eligible basis of such building as is used throughout the year to provide supportive services designed to assist tenants in locating and retaining permanent housing, or (ii) 20 percent of the qualified basis of such building (determined without regard to this subparagraph). (2) Qualified low-income building The term 'qualified low-income building' means any building - (A) which is part of a qualified low-income housing project at all times during the period - (i) beginning on the 1st day in the compliance period on which such building is part of such a project, and (ii) ending on the last day of the compliance period with respect to such building, and (B) to which the amendments made by section 201(a) of the Tax Reform Act of 1986 apply. Such term does not include any building with respect to which moderate rehabilitation assistance is provided, at any time during the compliance period, under section 8(e)(2) (FOOTNOTE 1) of the United States Housing Act of 1937 (other than assistance under the Stewart B. McKinney Homeless Assistance Act of 1988 (as in effect on the date of the enactment of this sentence)). (FOOTNOTE 1) See References in Text note below. (d) Eligible basis For purposes of this section - (1) New buildings The eligible basis of a new building is its adjusted basis as of the close of the 1st taxable year of the credit period. (2) Existing buildings (A) In general The eligible basis of an existing building is - (i) in the case of a building which meets the requirements of subparagraph (B), its adjusted basis as of the close of the 1st taxable year of the credit period, and (ii) zero in any other case. (B) Requirements A building meets the requirements of this subparagraph if - (i) the building is acquired by purchase (as defined in section 179(d)(2)), (ii) there is a period of at least 10 years between the date of its acquisition by the taxpayer and the later of - (I) the date the building was last placed in service, or (II) the date of the most recent nonqualified substantial improvement of the building, (iii) the building was not previously placed in service by the taxpayer or by any person who was a related person with respect to the taxpayer as of the time previously placed in service, and (iv) except as provided in subsection (f)(5), a credit is allowable under subsection (a) by reason of subsection (e) with respect to the building. (C) Adjusted basis For purposes of subparagraph (A), the adjusted basis of any building shall not include so much of the basis of such building as is determined by reference to the basis of other property held at any time by the person acquiring the building. (D) Special rules for subparagraph (B) (i) Nonqualified substantial improvement For purposes of subparagraph (B)(ii) - (I) In general The term 'nonqualified substantial improvement' means any substantial improvement if section 167(k) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) was elected with respect to such improvement or section 168 (as in effect on the day before the date of the enactment of the Tax Reform Act of 1986) applied to such improvement. (II) Date of substantial improvement The date of a substantial improvement is the last day of the 24-month period referred to in subclause (III). (III) Substantial improvement The term 'substantial improvement' means the improvements added to capital account with respect to the building during any 24-month period, but only if the sum of the amounts added to such account during such period equals or exceeds 25 percent of the adjusted basis of the building (determined without regard to paragraphs (2) and (3) of section 1016(a)) as of the 1st day of such period. (ii) Special rules for certain transfers For purposes of determining under subparagraph (B)(ii) when a building was last placed in service, there shall not be taken into account any placement in service - (I) in connection with the acquisition of the building in a transaction in which the basis of the building in the hands of the person acquiring it is determined in whole or in part by reference to the adjusted basis of such building in the hands of the person from whom acquired, (II) by a person whose basis in such building is determined under section 1014(a) (relating to property acquired from a decedent), (III) by any governmental unit or qualified nonprofit organization (as defined in subsection (h)(5)) if the requirements of subparagraph (B)(ii) are met with respect to the placement in service by such unit or organization and all the income from such property is exempt from Federal income taxation, (IV) by any person who acquired such building by foreclosure (or by instrument in lieu of foreclosure) of any purchase-money security interest held by such person if the requirements of subparagraph (B)(ii) are met with respect to the placement in service by such person and such building is resold within 12 months after the date such building is placed in service by such person after such foreclosure, or (V) of a single-family residence by any individual who owned and used such residence for no other purpose than as his principal residence. (iii) Related person, etc. (I) Application of section 179 For purposes of subparagraph (B)(i), section 179(d) shall be applied by substituting '10 percent' for '50 percent' in section (FOOTNOTE 2) 267(b) and 707(b) and in section 179(b)(7). (FOOTNOTE 2) So in original. Probably should be 'sections'. (II) Related person For purposes of subparagraph (B)(iii), a person (hereinafter in this subclause referred to as the 'related person') is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), '10 percent' shall be substituted for '50 percent'. (3) Eligible basis reduced where disproportionate standards for units (A) In general Except as provided in subparagraph (B), the eligible basis of any building shall be reduced by an amount equal to the portion of the adjusted basis of the building which is attributable to residential rental units in the building which are not low-income units and which are above the average quality standard of the low-income units in the building. (B) Exception where taxpayer elects to exclude excess costs (i) In general Subparagraph (A) shall not apply with respect to a residential rental unit in a building which is not a low-income unit if - (I) the excess described in clause (ii) with respect to such unit is not greater than 15 percent of the cost described in clause (ii)(II), and (II) the taxpayer elects to exclude from the eligible basis of such building the excess described in clause (ii) with respect to such unit. (ii) Excess The excess described in this clause with respect to any unit is the excess of - (I) the cost of such unit, over (II) the amount which would be the cost of such unit if the average cost per square foot of low-income units in the building were substituted for the cost per square foot of such unit. The Secretary may by regulation provide for the determination of the excess under this clause on a basis other than square foot costs. (4) Special rules relating to determination of adjusted basis For purposes of this subsection - (A) In general Except as provided in subparagraph (B), the adjusted basis of any building shall be determined without regard to the adjusted basis of any property which is not residential rental property. (B) Basis of property in common areas, etc., included The adjusted basis of any building shall be determined by taking into account the adjusted basis of property (of a character subject to the allowance for depreciation) used in common areas or provided as comparable amenities to all residential rental units in such building. (C) No reduction for depreciation The adjusted basis of any building shall be determined without regard to paragraphs (2) and (3) of section 1016(a). (5) Special rules for determining eligible basis (A) Eligible basis reduced by Federal grants If, during any taxable year of the compliance period, a grant is made with respect to any building or the operation thereof and any portion of such grant is funded with Federal funds (whether or not includible in gross income), the eligible basis of such building for such taxable year and all succeeding taxable years shall be reduced by the portion of such grant which is so funded. (B) Eligible basis not to include expenditures where section 167(k) elected The eligible basis of any building shall not include any portion of its adjusted basis which is attributable to amounts with respect to which an election is made under section 167(k) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (C) Increase in credit for buildings in high cost areas (i) In general In the case of any building located in a qualified census tract or difficult development area which is designated for purposes of this subparagraph - (I) in the case of a new building, the eligible basis of such building shall be 130 percent of such basis determined without regard to this subparagraph, and (II) in the case of an existing building, the rehabilitation expenditures taken into account under subsection (e) shall be 130 percent of such expenditures determined without regard to this subparagraph. (ii) Qualified census tract (I) In general The term 'qualified census tract' means any census tract which is designated by the Secretary of Housing and Urban Development and, for the most recent year for which census data are available on household income in such tract, in which 50 percent or more of the households have an income which is less than 60 percent of the area median gross income for such year. If the Secretary of Housing and Urban Development determines that sufficient data for any period are not available to apply this clause on the basis of census tracts, such Secretary shall apply this clause for such period on the basis of enumeration districts. (II) Limit on MSA's designated The portion of a metropolitan statistical area which may be designated for purposes of this subparagraph shall not exceed an area having 20 percent of the population of such metropolitan statistical area. (III) Determination of areas For purposes of this clause, each metropolitan statistical area shall be treated as a separate area and all nonmetropolitan areas in a State shall be treated as 1 area. (iii) Difficult development areas (I) In general The term 'difficult development areas' means any area designated by the Secretary of Housing and Urban Development as an area which has high construction, land, and utility costs relative to area median gross income. (II) Limit on areas designated The portions of metropolitan statistical areas which may be designated for purposes of this subparagraph shall not exceed an aggregate area having 20 percent of the population of such metropolitan statistical areas. A comparable rule shall apply to nonmetropolitan areas. (iv) Special rules and definitions For purposes of this subparagraph - (I) population shall be determined on the basis of the most recent decennial census for which data are available, (II) area median gross income shall be determined in accordance with subsection (g)(4), (III) the term 'metropolitan statistical area' has the same meaning as when used in section 143(k)(2)(B), and (IV) the term 'nonmetropolitan area' means any county (or portion thereof) which is not within a metropolitan statistical area. (6) Credit allowable for certain federally-assisted buildings acquired during 10-year period described in paragraph (2)(B)(ii) (A) In general On application by the taxpayer, the Secretary (after consultation with the appropriate Federal official) may waive paragraph (2)(B)(ii) with respect to any federally-assisted building if the Secretary determines that such waiver is necessary - (i) to avert an assignment of the mortgage secured by property in the project (of which such building is a part) to the Department of Housing and Urban Development or the Farmers Home Administration, or (ii) to avert a claim against a Federal mortgage insurance fund (or such Department or Administration) with respect to a mortgage which is so secured. The preceding sentence shall not apply to any building described in paragraph (7)(B). (B) Federally-assisted building For purposes of subparagraph (A), the term 'federally-assisted building' means any building which is substantially assisted, financed, or operated under - (i) section 8 of the United States Housing Act of 1937, (ii) section 221(d)(3) or 236 of the National Housing Act, or (iii) section 515 of the Housing Act of 1949, as such Acts are in effect on the date of the enactment of the Tax Reform Act of 1986. (C) Low-income buildings where mortgage may be prepaid A waiver may be granted under subparagraph (A) (without regard to any clause thereof) with respect to a federally-assisted building described in clause (ii) or (iii) of subparagraph (B) if - (i) the mortgage on such building is eligible for prepayment under subtitle B of the Emergency Low Income Housing Preservation Act of 1987 or under section 502(c) of the Housing Act of 1949 at any time within 1 year after the date of the application for such a waiver, (ii) the appropriate Federal official certifies to the Secretary that it is reasonable to expect that, if the waiver is not granted, such building will cease complying with its low-income occupancy requirements, and (iii) the eligibility to prepay such mortgage without the approval of the appropriate Federal official is waived by all persons who are so eligible and such waiver is binding on all successors of such persons. (D) Buildings acquired from insured depository institutions in default A waiver may be granted under subparagraph (A) (without regard to any clause thereof) with respect to any building acquired from an insured depository institution in default (as defined in section 3 of the Federal Deposit Insurance Act) or from a receiver or conservator of such an institution. (E) Appropriate Federal official For purposes of subparagraph (A), the term 'appropriate Federal official' means - (i) the Secretary of Housing and Urban Development in the case of any building described in subparagraph (B) by reason of clause (i) or (ii) thereof, and (ii) the Secretary of Agriculture in the case of any building described in subparagraph (B) by reason of clause (iii) thereof. (7) Acquisition of building before end of prior compliance period (A) In general Under regulations prescribed by the Secretary, in the case of a building described in subparagraph (B) (or interest therein) which is acquired by the taxpayer - (i) paragraph (2)(B) shall not apply, but (ii) the credit allowable by reason of subsection (a) to the taxpayer for any period after such acquisition shall be equal to the amount of credit which would have been allowable under subsection (a) for such period to the prior owner referred to in subparagraph (B) had such owner not disposed of the building. (B) Description of building A building is described in this subparagraph if - (i) a credit was allowed by reason of subsection (a) to any prior owner of such building, and (ii) the taxpayer acquired such building before the end of the compliance period for such building with respect to such prior owner (determined without regard to any disposition by such prior owner). (e) Rehabilitation expenditures treated as separate new building (1) In general Rehabilitation expenditures paid or incurred by the taxpayer with respect to any building shall be treated for purposes of this section as a separate new building. (2) Rehabilitation expenditures For purposes of paragraph (1) - (A) In general The term 'rehabilitation expenditures' means amounts chargeable to capital account and incurred for property (or additions or improvements to property) of a character subject to the allowance for depreciation in connection with the rehabilitation of a building. (B) Cost of acquisition, etc, (FOOTNOTE 3) not included (FOOTNOTE 3) So in original. Probably should be 'etc.,'. Such term does not include the cost of acquiring any building (or interest therein) or any amount not permitted to be taken into account under paragraph (3) or (4) of subsection (d). (3) Minimum expenditures to qualify (A) In general Paragraph (1) shall apply to rehabilitation expenditures with respect to any building only if - (i) the expenditures are allocable to 1 or more low-income units or substantially benefit such units, and (ii) the amount of such expenditures during any 24-month period meets the requirements of whichever of the following subclauses requires the greater amount of such expenditures: (I) The requirement of this subclause is met if such amount is not less than 10 percent of the adjusted basis of the building (determined as of the 1st day of such period and without regard to paragraphs (2) and (3) of section 1016(a)). (II) The requirement of this subclause is met if the qualified basis attributable to such amount, when divided by the number of low-income units in the building, is $3,000 or more. (B) Exception from 10 percent rehabilitation In the case of a building acquired by the taxpayer from a governmental unit, at the election of the taxpayer, subparagraph (A)(ii)(I) shall not apply and the credit under this section for such rehabilitation expenditures shall be determined using the percentage applicable under subsection (b)(2)(B)(ii). (C) Date of determination The determination under subparagraph (A) shall be made as of the close of the 1st taxable year in the credit period with respect to such expenditures. (4) Special rules For purposes of applying this section with respect to expenditures which are treated as a separate building by reason of this subsection - (A) such expenditures shall be treated as placed in service at the close of the 24-month period referred to in paragraph (3)(A), and (B) the applicable fraction under subsection (c)(1) shall be the applicable fraction for the building (without regard to paragraph (1)) with respect to which the expenditures were incurred. Nothing in subsection (d)(2) shall prevent a credit from being allowed by reason of this subsection. (5) No double counting Rehabilitation expenditures may, at the election of the taxpayer, be