I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:29:18. Database: USCODE Search: (46:CITE) ------DocID 53139 Document 1 of 963------ -CITE- 46 USC TITLE 46 -EXPCITE- TITLE 46 -HEAD- TITLE 46 - SHIPPING -MISC1- This title was enacted by Pub. L. 98-89, Sec. 1, Aug. 26, 1983, 97 Stat. 500; Pub. L. 99-509, title V, subtitle B, Sec. 5101, Oct. 21, 1986, 100 Stat. 1913; Pub. L. 100-424, Sec. 6, Sept. 9, 1988, 102 Stat. 1591; and Pub. L. 100-710, Nov. 23, 1988, 102 Stat. 4735 Subtitle Sec. I. GENERAL 101 II. VESSELS AND SEAMEN 2101 III. MARITIME LIABILITY 30101 (BALANCE OF TITLE RESERVED) AMENDMENTS 1988 - Pub. L. 100-710, title I, Sec. 102(b), Nov. 23, 1988, 102 Stat. 4738, amended title analysis generally, substituting 'GENERAL' for '(Reserved - general)' in item I and adding item III. Table Showing Disposition of All Sections of Former Title 46 (Former sections of Title 46 that are not included in Title 46, Pub. L. 99-509, section 6 of Pub. L. 100-424, and Pub. L. 100-710 ar --------------------------------------------------------------------- Title 46 Former Sections Title 46 New Sections --------------------------------------------------------------------- 1 Rep. 2 2103 3 Rep. 4 2105 5, 6 Rep. 7 2107 8 2108 9 (less (c)) 3316 9(c) 46 App. 11, 12 Rep. 13, 14 46 App. 15-41 Rep. 42 46 App. 43-56 Rep. 57 46 App. 58 Rep. 59 46 App. 60-63 Rep. 65(1) 2101(10) 65(2) 2101(11) 65(3) 2101(34) 65a 12113 65b 12102 65c 12114 65d 12115 65e 12103 65f 12116 65g 12104 65h 12105 65i 12106 65j 12107 65k 12108 65l 12109 65m 12110 65n 12122 65o 12111 65p 12112 65q 12117 65r 12118 65s 12119 65t 12120 65u 2107, 12122(a) 65v(1) 2104 65v(2) 12121 65w 12101 71 12102, 14102, 14104, 14501, 14502, 14504, 14511, 14521, 14522 72 14503 73, 74 Rep. 75 14512 76 Rep. 77 14502, 14512 78, 79 Rep. 80 (See former 660-1) 81 14306 82 3101 83 14502, 14513 83a-83g 14513 83h 14102 83i 14702 83j 14701 83k 2107 85-85g Rep. 86 5114, 5115 86a 5101 86b 5102 86c 5102, 5103, 5104, 5106 86d 5107 86e 5108 86f 5109 86g 5112 86h 5113 86i 5116 88 5102 88a 5104, 5108 88b 5103, 5107 88c 5112 88d 5109 88e 5112 88f 5113 88g 5116 88h, 88i Rep. 91, 91a 46 App. 92 Rep. 93, 94 46 App. 95 Rep. 96-98 46 App. 99 Rep. 100-102 46 App. 103 Rep. 104 46 App. 105-109 Rep. 110-113 46 App. 121-135 46 App. 141-146 46 App. 151-162 Rep. 163 46 App. 170(14) 2106 170 3306(a)(5), Rep. in part 170a, 170b Rep. 171-175 Rep. 178, 179 Rep. 181-183 46 App. 183a Rep. 183b-196 46 App. 201 11301 202 11302 203 11303 211 8501(a) 212 8501(b) 213 8501(c), (e) 214 7101 214(c) 7106 215 8501(d), 8502 216(a) 9301(2) 216(b) 2101(34) 216(c) 9301(3) 216(d) 9301(1) 216(e), (f) Rep. 216a 9302(a), (b), (d) 216b(a)-(c) 9303 216b(d) 9305 216b(e) 9304 216c 9303 216d 9305 216e(a)-(c) 9308 216e(d) 2107 216e(e) 2106 216f 9302(c) 216g 9306 216h 9307 216i Rep. 221 8103 222 8101 223 8301 224 7101, 8101 224a 8303, 8304 224a(2) 7111 225 7106, 7109, 7113 226 7101, 7106, 7703 227 Rep. 228 7101, 7106, 7703 229 7101, 7106, 7703 229a 7101, 7103 229b 7101, 7103 229c 7106, 7108, 7318 229d Rep. 229e 7105 229f 7110 229g 7103, 7318 229h Rep. 230 7112 231 7105 232 7110 233 7109 234 3315 235 8104 236 8103 237, 238 Rep. 239 6101, 6301, 7703 239(d) 6303 239(e) 6304, 7705 239(f) 6304 239(g) 6305, 7701 239(i) 6306 239(j) 6301, 6307 239(k) 6305 239a(a) 7503(a), 7704(a) 239a(b) 2101(34) 239a(c) 7302 239b(a) 7503(b) 239b(b) 7704(b), (c) 240 7703 241 8304 242 7101, 7102, 8302(a)-(d) 243 7101, 7104, 7107, 7108 244 7101, 7105 245 8302(g), (h) 246(a) 8302(a)-(d) 246(b) Rep. 246(c) 7703 247 7101 248 8302 249-249c Rep. 251-251b 46 App. 252-261 Rep. 262 46 App. 263-273 Rep. 274 46 App. 275, 276 Rep. 277 46 App. 278-288 Rep. 289-293b 46 App. 294-305 Rep. 306-316 46 App. 317, 318 Rep. 319-324 46 App. 325 Rep. 326-328 46 App. 329, 330 Rep. 331 2110 332-335 Rep. 336 46 App. 351-355 46 App. 361 2101(16), (37) 362 2109, 3301(9), 3314 362(a) 3303 362(b) 3504 362(c) 3505 363 2109 364 8502 365 Rep. 366 3306 367 2101(16), (33), 2303, 3301(7), 3302 369 3305, 3306, 3316 369(b) 3503 369(e) 3318 371 Rep. 372 2103 373-374a Rep. 375 3306 376-382a-1 Rep. 382b 2104, 2111, 2112 382b-1 3317(b) 382c-385 Rep. 390 3302, 3304 390(a) 2101(21)(B) 390(b) 2101(35) 390(d) 2101(34) 390(e) 2101(13) 390(f) 2101(27) 390(g) 2101(30) 390(h) 2101(28) 390(i) 2101(29) 390a 3301(4), (5), (8), 3305 390a(a) 3307(2) 390a(b) 3317(a), 7114 390b 3306, 8901, 8902 390c 3303(a), 3309, 3311 390c(b), (c) 3313 390d 2106, 3318(a), 8906 390e-390g Rep. 391 3301(1), (4), (9), 3304, 3305 391(b) 3307(3) 391(c) 2101(22), 3307(1) 391(e) 3302 391a 3301(10), 3702, 8502 391a(2)(A) 2101(9) 391a(2)(B) 2101(12) 391a(2)(C) 2101(14) 391a(2)(D) 2101(15) 391a(2)(E) 2101(20) 391a(2)(F) 3701(4) 391a(2)(G) 2101(24) 391a(2)(H) 2101(5) 391a(2)(I) 2101(34) 391a(2)(J) 3701(5) 391a(2)(K) 3701(6) 391a(2)(L) 2101(46) 391a(2)(M) 2101(38) 391a(2)(N) 2101(8) 391a(2)(O) 2101(23) 391a(2)(P) 3701(2) 391a(2)(Q) 3701(3) 391a(2)(R) 3701(1) 391a(2)(S) 2101(7) 391a(3) 2101(39), 2301, 3303, 3702(a) 391a(4) 2109 391a(4)(B) 8703(c) 391a(5) 3702 391a(6) 3703 391a(7) 3704-3709 391a(8) 3309, 3313 391a(8)(A) 3710, 3712 391a(8)(B) 3711, 3712 391a(8)(C) 3711 391a(8)(D) 3710 391a(8)(E) 3710, 3711 391a(9) 9102 391a(10)(A) 8703(a) 391a(10)(B) 9101(b) 391a(10)(C) 7317, 8703(b) 391a(10)(D) Rep. See 7701 et seq. 391a(11) 9101(a) 391a(12) 3703 391a(13) 3713 391a(14) 2107, 3718 391a(14)(C) 2106 391a(15) 3714 391a(16) 3717 391a(17) 3715 391a(18) 3716 391b Rep. 392 3304-3306 392(b) 3307(3) 393, 394 Rep. 395 3301(6), 3305, 3311 395(d) 3309 395(e) 2101(32) 396, 397 Rep. 398 3318 399 3309, 3311, 3314 400 3312 401, 402 Rep. 403 3318 404 2101(13), (16), (17), 3301(1), 3302, 3306, 3307 404-1 3301(3), 3305, 3501 404-1(1) 2101(19) 404-1(4) 2101(21)(C) 404-1(6) 3307(2), (3) 404-1(8) 8301 404a Rep. 405 2101(40), 3301(9), 3305 405(b) 8104 405(b)(1)(A) 2101(34) 405(b)(2) 8904 405(b)(3) 8905(b) 406 3305 407 3305, 3318 408 3305, 3306, 3318 409 Rep. 410 3318 411, 412 3306 413 3318 414 3310, 7502 415 Rep. 416 2104, 3306 417 (See former 416) 418, 419 Rep. 420 3302, 3306 431-434 Rep. 435 3308, 3313 436 2106, 3318 437-440 Rep. 441 46 App. 441(1) 2101(18) 441(2) 2101(31) 442 3302 443 46 App. 444 8701 444 46 App. 445 2113, 3306 446-446c 46 App. 446d 8101 451 3501 452 3501(b), (c) 453 2113 454-457 T. 33 Sec. 1233-1236 458 Rep. 459 3306 460, 460a, 461 3502 462 2106, 3501, 3502 463, 463a, 464 Rep. 465 (See former 170) 466 Rep. 466a 3901 466b 3902 467-469 Rep. 470, 471 8102 472 Rep. 473 3306 474-476 Rep. 477-479 3306 480 2301 481 2106, 3306 481(a) 2101(34) 481(c) 2106 481(d) 3318 482, 483 3306 484-488 Rep. 489 3306 490 Rep. 491 46 App. 492 3506 493-496 Rep. 497 2106, 3318, 8502 498 Rep. 511-522 Rep. 526 2101(43) 526a-526d Rep. 526e 4102(b) 526f Rep. 526g 4102(a) 526h 4103 526i 4102(c) 526j 4102(d) 526k-526n Rep. 526o 2106, 2107, 4106 526p 2107, 3306, 4104 526q-526t Rep. 526u 4101 527-527h Rep. 531 10601 532 Rep. See 11501 533, 534 10602 541-542a Rep. 543 2104 544, 545 Rep. 546 10102 547-549 Rep. 561, 562 Rep. 563 11110 564 10301, 10302 565 10305 566 10301 567, 568 10321 569 10309 570 10308 571 10321 572, 573 Rep. 574 10301, 10501, 10502 575 10508 576 10509 577 10307 578 11107 579 Rep. 591 10313(a) 592 10313(b) 593 10313(b) 594 10313(c) 595 10313(d) 596 10313(e)-(i), 10504 597 2101(12), 10313(e)-(i), 10504 598 10313(e), 10504(a), (d), 10505(d) 599 2101(12), 10314, 10315, 10505, 10506 599(g) 10316 600 10317 601 11108, 11109 602 11111 603-608, 611 Rep. 621 10701, 10702 622 10703 623 10711 624 10704, 10705 625 10706 626 10707 627 10709 628 10708, 10710 641, 642 10310 643 8701, 8702, 10102(c), 10311, 10503 643(a) 7302, 7303, 7318 643(b) 7304 643(c) 7302, 10306 643(e) 10311 643(f) 7319, 7502 643(h) 7501 643(l) 7316, 10103 643a 8701 643b Rep. 644 10312(a), (b), (d)-(f) 645, 646, 651 Rep. 652 10312(c) 653 10901, 10902(a), 10907 654 10901, 10903(a), (b) 655 10901, 10904 656 10901, 10905 657 10905 658 10901, 10906, 10908 659 10903(c) 660 10903(d) 660-1 11101 660a 3305, 3308 660b 3308 661 10321 662 10902(b) 663 Rep. 664 10907 665 10321, 11106(b)-(d) 666 11102(a) 667 11102(b) 668, 669 Rep. 670, 671 11103 672 8701, 8702 672(a) 2101(34) 672(b) 7306 672(b)(1) 7307 672(b)(2) 7308 672(b)(3) 7309, 7310 672(b)(4) 7311 672(c) 7301, 7315 672(d) 8702(d) 672(e) 8702(b), (c) 672(f) 7312 672(g) 7313, 7314 672(h) 8103 672(i) 7302 672(j) 2106, 8702(e) 672-1, 672-2 Rep. 672a 8103 672b, 672b-1, 672c Rep. 673 8104 674-677 46 App. 678 11104(a) 679 11104(b)-(d) 680, 681 Rep. 682 10318, 10507 683 10318, 10507 684 11105 685 11106(a) 686, 687 Rep. 688 46 App. 689 2103, 2104 690 8103 691 Sec. 2(f) of Pub. L. 98-89 692 Rep. 701 11501 702 11502 703 11503 704 T. 18 Sec. 2196 705 11504 706 11505 707 10319 708 T. 18 Sec. 2279 709 Rep. 710 11506 710a Rep. 710b (See former 239a) 710c (See former 239b) 711 Rep. 712 11507 713 10101, 10303, 10304 721-727 46 App. 728 2304 729-731 46 App. 732-735 Rep. 738-738d 46 App. 740-752 46 App. 761, 762 46 App. 763 Rep. 763a-768 46 App. 781-790 46 App. 791-799 Rep. 801-804a 46 App. 805-807 Rep. 808 46 App. 808(4th par.) 31328 809-810a Rep. 811, 812 46 App. 813, 813a Rep. 814-817 46 App. 817a-817c Rep. 817d, 817e 46 App. 818-824 46 App. 825 Rep. 826 46 App. 827 Rep. 828-837 46 App. 838 31306 839 46 App. 840, 841 Rep. 841a 46 App. 841b Rep. 841c-845b 46 App. 846 Rep. 847, 848 46 App. 861 46 App. 862-864 Rep. 864, 864b 46 App. 865-869 46 App. 870-870d Rep. 871, 872 46 App. 873, 874 Rep. 875-877 46 App. 878-880 Rep. 881 3305, 3316, 12119 882 3304 883-885 46 App. 886 Rep. 887-889 46 App. 891 46 App. 891a Rep. 891b, 891c 46 App. 891d-891r Rep. 891s, 891t Rep. 891u-891x 46 App. 891y Rep. 911(1), (2) 30101(1) 911(3) Rep. 911(4) 30101(1) 911(5) 31301(3) 921 31321(a)(1), (e) 922(a), (b) 31322(a)(1) 922(b) 31301(6)(A) 922(c), (d) Rep. 922(e), (f) 31322(c) 923 31324 924 31323(a), (b) 925 31343 925(b) 31321(f), (h) 926(a), (b) 31321(b) 926(c) Rep. 926(d) 31322(b) 927 31302(1), (2) 941(a) Rep. 941(b)(1st sentence) 31330(a), (c) 941(b)(last sentence) 31323(c) 941(c) 31304 951(1st par.) 31325(a), (b)(1), (c), (d) 951(2d par. less proviso) 31301(6)(B) 951(2d par. proviso) 31326(b)(2) 952(1st, 2d sentences) 31325(e) 952(last sentence) 31308 953(a) 31301(5) 953(b) 31326(a), (b)(1) 954(a) 31325(b)(2) 954(b) 31303 961(a) Rep. 961(b) 31327 961(c) 31326(a) 961(d), (e) 31328 961(f) 31329 971 31342 972 31341 973 31341(a) 974 31305 975 31307 981-984 Rep. 1011 Rep. 1012 31321(a)(2) 1013, 1014 Rep. 1101 46 App. 1111-1111a 46 App. 1111b Rep. 1112 46 App. 1113 Rep. 1114-1119 46 App. 1119a, 1119b Rep. 1120-1125a 46 App. 1126 Rep. 1126-1 46 App. 1126a, 1126a-1 Rep. 1126b, 1126b-1 Rep. 1126c, 1126d Rep. 1127-1128h Rep. 1131 46 App. 1132 8103 1132(a) 7102 1132(g) 8302 1141-1144 Rep. 1145 Rep. 1151-1155 46 App. 1155a Rep. 1156-1161 46 App. 1171-1181 46 App. 1182 Rep. 1183-1185 46 App. 1191-1205 46 App. 1206 Rep. 1211-1213 46 App. 1214 Rep. 1221 Rep. 1222, 1223 46 App. 1224, 1225 Rep. 1226-1228 46 App. 1241-1242 46 App. 1242-1 Rep. 1242a 46 App. 1243 Rep. 1244, 1245 46 App. 1246 Rep. 1247, 1248 46 App. 1251-1262 Rep. 1271-1275 46 App. 1276-1279 Rep. 1279a 46 App. 1279b Rep. 1279c-1295e 46 App. 1295f(a), (b) 46 App. 1295f(c) 2101(17), 3301(2), 3306, 3307(1) 1295f(d)(1) 46 App. 1295f(d)(2), (3) 3318(g) 1295g(a)-(d) 46 App. 1295g(e)(1) 2101(17) 1295g(e)(2)-(5) Rep. 1300-1315 46 App. 1331-1341 Rep. 1351-1364 Rep. 1381-1388 Rep. 1401-1413 Rep. 1451 Rep. 1452(1)(A), (B) 2101(25) 1452(1)(C) 2101(42) 1452(2) 2101(45) 1452(3) 2101(41) 1452(5) 2101(21)(D) 1452(7) 2101(26) 1452(8) 2101(1) 1452(9) 2101(34) 1452(10) 2102(2) 1452(11) 2102(1) 1452(12) 2102(4) 1452(13) 2102(5) 1452(14) 2102(3) 1453 4105, 4301 1454, 1455 4302 1456 4302(a)(3) 1457 4303 1458 4305 1459 4306 1460 4304, 4306 1461(a) 4307(a) 1461(b) 4311(f) 1461(c) 4307(b) 1461(d) 2302(a), (b) 1461(e) 8903 1461(f) 8903, 8905(a) 1462 4308 1463 4309 1464 4310 1464(g) 4302 1465 2303 1466 12301 1467 12302 1468 12303 1469 12304 1470 12305 1471 12306 1472 12307 1473 12308 1474 13101 1475 13102 1476 13103 1477 13104 1478 13105 1479 13106 1479a 13107 1480 13108 1481 13109 1482 13110 1483 2302(b), 4311(a), 12309(a) 1484(a) 4311(b) 1484(b) 2106, 2302(a), (c), 4311(c), 12309(b) 1484(c) 2107 1484(d) 4311(d), 12309(c) 1485 2305, 4311(e) 1486 6101, 6102 1487 Rep. 1488 4302 1489 4311(g) 1501-1507 46 App. 1508 Rep. 1601-1605 46 App. 1606 Rep. 1607-1610 46 App. ------------------------------- ENACTING CLAUSES Pub. L. 100-710, title I, Sec. 102(a), Nov. 23, 1988, 102 Stat. 4738, provided that: 'Certain general and permanent laws of the United States, related to definitions and maritime commercial instruments and liens, are revised, consolidated, and enacted by paragraph (3) of this subsection (probably means subsection (c) of this section) as subtitle III of title 46, United States Code, 'Shipping'.' Section 1 of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 500, provided in part that: 'Certain general and permanent laws of the United States, related to vessels and seamen, are revised, consolidated, and enacted as title 46, United States Code, 'Shipping' '. CONSTRUCTION Section 105 of Pub. L. 100-710, title I, Nov. 23, 1988, 102 Stat. 4751, provided that: '(a) A reference to a law replaced by section 102 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act. '(b) An order, rule, or regulation in effect under a law replaced by section 102 of this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded. '(c) An action taken or an offense committed under a law replaced by section 102 of this Act is deemed to have been taken or committed under the corresponding provision of this Act. '(d) An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by section 102 of this Act. '(e) If a provision of this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' Section 5103(a)-(f) of Pub. L. 99-509, title V, subtitle B, Oct. 21, 1986, 100 Stat. 1927, provided that: '(a) Laws effective after January 1, 1986, that are inconsistent with this subtitle supersede this subtitle to the extent of the inconsistency. '(b) A reference to a law replaced by this subtitle, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this subtitle. '(c) An order, rule, or regulation in effect under a law replaced by this subtitle continues in effect under the corresponding provision of this subtitle until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by this subtitle is deemed to have been taken or committed under the corresponding provision of this subtitle. '(e) An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by this subtitle. '(f) If a provision enacted by this subtitle is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this subtitle is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications.' Section 2(a)-(f) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 598, provided that: '(a) Laws effective after December 31, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. '(b) A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act. '(c) An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision of this Act. '(e) An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by this Act. '(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications.' CODIFICATION OF SHIPPING AND MARITIME LAWS BY FEDERAL MARITIME COMMISSION AND SECRETARY OF TRANSPORTATION Section 2(j) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, provided that: 'Within 2 years after the date of enactment of this Act (Aug. 26, 1983), the Federal Maritime Commission and the Secretary of Transportation each shall submit to Congress a proposed codification of the laws within their respective jurisdictions related to shipping and maritime matters.' REPEALS AND SAVINGS PROVISIONS Section 106(a) of Pub. L. 100-710, title I, Nov. 23, 1988, 102 Stat. 4752, provided that: 'The repeal of a law by this title may not be construed as a legislative implication that the provision was or was not in effect before its repeal.' Section 106(b) of Pub. L. 100-710, title I, Nov. 23, 1988, 102 Stat. 4752, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this title, which is Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100-710, set out as a note under section 30101 of this title. Section 5104(a) of Pub. L. 99-509, title V, subtitle B, Oct. 21, 1986, 100 Stat. 1928, provided that: 'The repeal of a law by this subtitle may not be construed as a legislative implication that the provision was or was not in effect before its repeal.' Section 5104(b) of Pub. L. 99-509, title V, subtitle B, Oct. 21, 1986, 100 Stat. 1928, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 21, 1986. Section 4(a) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, provided that: 'The repeal of a law by this Act may not be construed as a legislative implication that the provision was or was not in effect before its repeal.' Section 4(b) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Aug. 26, 1983, and except as provided by section 2 of Pub. L. 98-89, set out as notes above and notes under sections 3101, 3302, 3715, and 6301 of this title. -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 7 section 5602; title 19 section 1609; title 26 section 415; title 33 section 59aa; title 42 section 9607. ------DocID 54332 Document 2 of 963------ -CITE- 48 USC Sec. 46-1 to 46-3 -EXPCITE- TITLE 48 CHAPTER 2 -HEAD- Sec. 46-1 to 46-3. Omitted -COD- CODIFICATION Sections 46-1 to 46-3, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 46-1, act July 28, 1956, ch. 772, title I, Sec. 101, 70 Stat. 709, authorized territorial legislature to enact laws on subject of mental health. Section 46-2, act July 28, 1956, ch. 772, title I, Sec. 102, 70 Stat. 709, related to jurisdiction, functions and duties of commissioners and courts in carrying out section 46-1 of this title. Section 46-3, act July 28, 1956, ch. 772, title II, Sec. 202, 70 Stat. 711, prescribed a land-grant program for purpose of section 46-1 of this title. ------DocID 11480 Document 3 of 963------ -CITE- 8 USC Sec. 46 to 51 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- Sec. 46 to 51. Transferred -COD- CODIFICATION Sections 46 to 51 transferred to sections 1984 to 1987, 1989, and 1990, respectively, of Title 42, The Public Health and Welfare. ------DocID 17083 Document 4 of 963------ -CITE- 14 USC Sec. 46 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 46. Retirement of Commandant -STATUTE- (a) Any Commandant who is not reappointed shall, at the expiration of his term, be retired with the grade of admiral. (b) A Commandant who is retired for physical disability shall be placed on the retired list with the grade of admiral. (c) An officer who is retired prior to the expiration of his term, while serving as Commandant, may, in the discretion of the President, be retired with the grade of admiral. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 499; May 14, 1960, Pub. L. 86-474, Sec. 1(5), 74 Stat. 144; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(4), 77 Stat. 175; June 9, 1966, Pub. L. 89-444, Sec. 1(4), (5), 80 Stat. 195; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(1), 96 Stat. 1301; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(1), 100 Stat. 699.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 161 (Jan. 12, 1923, ch. 25, Sec. 2, 42 Stat. 1130; June 25, 1936, ch. 808, 49 Stat. 1924; June 9, 1937, ch. 309, Sec. 1, 50 Stat. 252; June 6, 1940, ch. 257, Sec. 1(a), 54 Stat. 246). Provision is added for retirement of the Commandant with the grade and pay of vice admiral after 3 years service, in the discretion of the President, regardless of total length of service. Provision is also added for retirement with the grade and pay of vice admiral in case of physical disability. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-348 struck out 'and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant' after 'admiral' in subsecs. (a) to (c). 1982 - Subsec. (a). Pub. L. 97-295 substituted 'Commandant' for 'commandant'. 1966 - Subsec. (c). Pub. L. 89-444, Sec. 1(4), removed requirement that the Commandant serve 2 1/2 years as Commandant before being eligible for retirement with the grade of admiral and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant. Subsec. (d). Pub. L. 89-444, Sec. 1(5), repealed subsec. (d) which provided that a Commandant who retired within 2 1/2 years of the date of his original appointment as Commandant would retire in his permanent grade and with the retired pay of that grade. 1963 - Subsecs. (a) to (c). Pub. L. 88-130 substituted 'of admiral and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant' for 'and retired pay of admiral'. 1960 - Pub. L. 86-474 authorized any Commandant who is not reappointed at the expiration of his term to be retired with the grade and retired pay of admiral, directed placement on the retired list with the grade and retired pay of admiral for a Commandant who is retired for physical disability, reduced from three to two and one-half years the period that the Commandant must serve before he may voluntarily apply retirement without regard to total length of service, and provided that any Commandant who retires within two and one-half years of the date of his original appointment as Commandant shall retire in his permanent grade and with the retired pay of that grade. ------DocID 17486 Document 5 of 963------ -CITE- 15 USC Sec. 46 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 46. Additional powers of Commission -STATUTE- The Commission shall also have power - (a) Investigation of persons, partnerships, or corporations To gather and compile information concerning, and to investigate from time to time the organization, business, conduct, practices, and management of any person, partnership, or corporation engaged in or whose business affects commerce, excepting banks, savings and loan institutions described in section 57a(f)(3) of this title, Federal credit unions described in section 57a(f)(4) of this title, and common carriers subject to the Act to regulate commerce, and its relation to other persons, partnerships, and corporations. (b) Reports of persons, partnerships, and corporations To require, by general or special orders, persons, partnerships, and corporations, engaged in or whose business affects commerce, excepting banks, savings and loan institutions described in section 57a(f)(3) of this title, Federal credit unions described in section 57a(f)(4) of this title, and common carriers subject to the Act to regulate commerce, or any class of them, or any of them, respectively, to file with the Commission in such form as the Commission may prescribe annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the Commission such information as it may require as to the organization, business, conduct, practices, management, and relation to other corporations, partnerships, and individuals of the respective persons, partnerships, and corporations filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise, as the Commission may prescribe, and shall be filed with the Commission within such reasonable period as the Commission may prescribe, unless additional time be granted in any case by the Commission. (c) Investigation of compliance with antitrust decrees Whenever a final decree has been entered against any defendant corporation in any suit brought by the United States to prevent and restrain any violation of the antitrust Acts, to make investigation, upon its own initiative, of the manner in which the decree has been or is being carried out, and upon the application of the Attorney General it shall be its duty to make such investigation. It shall transmit to the Attorney General a report embodying its findings and recommendations as a result of any such investigation, and the report shall be made public in the discretion of the Commission. (d) Investigations of violations of antitrust statutes Upon the direction of the President or either House of Congress to investigate and report the facts relating to any alleged violations of the antitrust Acts by any corporation. (e) Readjustment of business of corporations violating antitrust statutes Upon the application of the Attorney General to investigate and make recommendations for the readjustment of the business of any corporation alleged to be violating the antitrust Acts in order that the corporation may thereafter maintain its organization, management, and conduct of business in accordance with law. (f) Publication of information; reports To make public from time to time such portions of the information obtained by it hereunder as are in the public interest; and to make annual and special reports to the Congress and to submit therewith recommendations for additional legislation; and to provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use: Provided, That the Commission shall not have any authority to make public any trade secret or any commercial or financial information which is obtained from any person and which is privileged or confidential, except that the Commission may disclose such information to officers and employees of appropriate Federal law enforcement agencies or to any officer or employee of any State law enforcement agency upon the prior certification of an officer of any such Federal or State law enforcement agency that such information will be maintained in confidence and will be used only for official law enforcement purposes. (g) Classification of corporations; regulations From time to time classify corporations and (except as provided in section 57a(a)(2) of this title) to make rules and regulations for the purpose of carrying out the provisions of this subchapter. (h) Investigations of foreign trade conditions; reports To investigate, from time to time, trade conditions in and with foreign countries where associations, combinations, or practices of manufacturers, merchants, or traders, or other conditions, may affect the foreign trade of the United States, and to report to Congress thereon, with such recommendations as it deems advisable. Provided, That the exception of 'banks, savings and loan institutions described in section 57a(f)(3) of this title, Federal credit unions described in section 57a(f)(4) of this title, and common carriers subject to the Act to regulate commerce' from the Commission's powers defined in clauses (a) and (b) of this section, shall not be construed to limit the Commission's authority to gather and compile information, to investigate, or to require reports or answers from, any person, partnership, or corporation to the extent that such action is necessary to the investigation of any person, partnership, or corporation, group of persons, partnerships, or corporations, or industry which is not engaged or is engaged only incidentally in banking, in business as a savings and loan institution, in business as a Federal credit union, or in business as a common carrier subject to the Act to regulate commerce. The Commission shall establish a plan designed to substantially reduce burdens imposed upon small businesses as a result of requirements established by the Commission under clause (b) relating to the filing of quarterly financial reports. Such plan shall (1) be established after consultation with small businesses and persons who use the information contained in such quarterly financial reports; (2) provide for a reduction of the number of small businesses required to file such quarterly financial reports; and (3) make revisions in the forms used for such quarterly financial reports for the purpose of reducing the complexity of such forms. The Commission, not later than December 31, 1980, shall submit such plan to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives. Such plan shall take effect not later than October 31, 1981. No officer or employee of the Commission or any Commissioner may publish or disclose information to the public, or to any Federal agency, whereby any line-of-business data furnished by a particular establishment or individual can be identified. No one other than designated sworn officers and employees of the Commission may examine the line-of-business reports from individual firms, and information provided in the line-of-business program administered by the Commission shall be used only for statistical purposes. Information for carrying out specific law enforcement responsibilities of the Commission shall be obtained under practices and procedures in effect on May 28, 1980, or as changed by law. Nothing in this section (other than the provisions of clause (c) and clause (d)) shall apply to the business of insurance, except that the Commission shall have authority to conduct studies and prepare reports relating to the business of insurance. The Commission may exercise such authority only upon receiving a request which is agreed to by a majority of the members of the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Energy and Commerce of the House of Representatives. The authority to conduct any such study shall expire at the end of the Congress during which the request for such study was made. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 6, 38 Stat. 721; Nov. 16, 1973, Pub. L. 93-153, title IV, Sec. 408(e), 87 Stat. 592; Jan. 4, 1975, Pub. L. 93-637, title II, Sec. 201(b), 202(b), 203(a), 88 Stat. 2193, 2198; July 23, 1979, Pub. L. 96-37, Sec. 1(b), 93 Stat. 95; Mar. 25, 1980, H. Res. 549; May 28, 1980, Pub. L. 96-252, Sec. 3-5(a), 94 Stat. 374, 375; Aug. 10, 1987, Pub. L. 100-86, title VII, Sec. 715(a), (b), 101 Stat. 655.) -REFTEXT- REFERENCES IN TEXT The Act to regulate commerce, referred to in subsecs. (a), (b), and the proviso following subsec. (h), is defined in section 44 of this title. The antitrust Acts, referred to in subsecs. (c) to (e), are defined in section 44 of this title. -MISC2- AMENDMENTS 1987 - Subsecs. (a), (b). Pub. L. 100-86, Sec. 715(a)(1), (2), inserted reference to Federal credit unions described in section 57a(f)(4) of this title. Pub. L. 100-86, Sec. 715(b), in proviso following subsec. (h), inserted reference to Federal credit unions described in section 57a(f)(4) of this title and reference to in business as a Federal credit union. 1980 - Subsec. (f). Pub. L. 96-252, Sec. 3(a), substituted 'as are' for ', except trade secrets and names of customers, as it shall deem expedient' and inserted proviso restricting Commission's authority to make public trade secrets or commercial or financial information which is obtained from any person and which is privileged or confidential. Pub. L. 96-252, Sec. 3(b)-5(a), inserted three undesignated paragraphs following subsec. (h) requiring the Commission to establish a plan to reduce burdens imposed upon small businesses by the quarterly financial reporting requirements under subsec. (b) of this section, prohibiting Commissioners and officers and employees of the Commission from publishing or disclosing information whereby line-of-business data furnished by particular establishments or individuals can be identified, and, with certain exceptions, making this section inapplicable to the business of insurance. 1979 - Subsecs. (a), (b). Pub. L. 96-37, Sec. 1(b)(1), (2), inserted reference to savings and loan institutions described in section 57a(f)(3) of this title. Pub. L. 96-37, Sec. 1(b)(3), in proviso following subsec. (h), inserted references to savings and loan institutions and to persons, partnerships, corporations, groups of persons, partnerships, or corporations or industries that are not engaged or are engaged only incidentally in business as savings and loan institutions. 1975 - Subsec. (a). Pub. L. 93-637, Sec. 201(b), 203(a)(1), substituted 'in or whose business affects commerce' for 'in commerce', 'person, partnership, or corporation' for 'corporation', and 'persons, partnerships, and corporations' for 'corporations and to individuals, associations, and partnerships'. Subsec. (b). Pub. L. 93-637, Sec. 201(b), 203(a)(2), substituted 'in or whose business affects commerce' for 'in commerce', 'special orders, persons, partnerships, and corporations, engaged in or whose business affects commerce, excepting' for 'special orders, corporations engaged in or whose business affects commerce, excepting', and 'respective persons, partnerships, and corporations' for 'respective corporations'. Subsec. (g). Pub. L. 93-637, Sec. 202(b), inserted '(except as provided in section 57a(a)(2) of this title)' before 'to make rules and regulations'. Pub. L. 93-637, Sec. 203(a)(3), in proviso following subsec. (h), substituted 'any person, partnership, or corporation to the extent that such action is necessary to the investigation of any person, partnership, or corporation, group of persons, partnerships, or corporations,' for 'any such corporation to the extent that such action is necessary to the investigation of any corporation, group of corporations,'. 1973 - Pub. L. 93-153 inserted proviso following subsec. (h) that the Commission's investigatory powers to gather and compile information, investigate, and require reports or answers is not curtailed as regards banks and common carriers when the investigation in question is an investigation of a corporation, group of corporations, or industry not engaged or engaged only incidentally in banking or in business as a common carrier subject to the Act to regulate commerce notwithstanding provisions excepting banks and common carriers subject to the Act from the exercise of the Commission's power to investigate and require reports from corporations. -CHANGE- CHANGE OF NAME Committee on Interstate and Foreign Commerce of House of Representatives changed to Committee on Energy and Commerce immediately prior to noon on Jan. 3, 1981, by House Resolution 549, Ninety-sixth Congress, Mar. 25, 1980. -MISC4- EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-252 effective May 28, 1980, see section 23 of Pub. L. 96-252, set out as a note under section 45 of this title. APPLICABILITY OF 1975 AMENDMENT TO SUBSECTION (G) OF THIS SECTION For applicability to rules promulgated or proposed under subsec. (g) of this section prior to Jan. 4, 1975, of amendment made to said subsec. (g) by section 202(b) of Act Jan. 4, 1975, see 'Applicability' provisions of section 202(c) of Act Jan. 4, 1975, set out as a note under section 57a of this title. -TRANS- TRANSFER OF FUNCTIONS 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. -MISC5- STUDY AND EVALUATION OF EFFECTIVENESS OF STATE POLICIES AND PROGRAMS RELATING TO REGULATION OF CERTAIN HEALTH INSURANCE POLICIES Section 5(b) of Pub. L. 96-252 provided that: 'The amendment made in subsection (a) (adding undesignated paragraph authorizing studies and reports relating to the business of insurance) shall not be construed to prohibit the Federal Trade Commission from participating with the Secretary of Health and Human Services in a comprehensive study and evaluation of the comparative effectiveness of various State policies and programs relating to the regulation of health insurance policies available for purchase by individuals who are eligible for benefits under the program of health insurance benefits established in title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).' -EXEC- EX. ORD. NO. 10544. INSPECTION OF INCOME TAX RETURNS BY FEDERAL TRADE COMMISSION Ex. Ord. No. 10544, July 12, 1954, 19 F.R. 4289, provided: By virtue of the authority vested in me by section 55(a) of the Internal Revenue Code (53 Stat. 29; 54 Stat. 1008; 55 Stat. 722) and in the interest of the internal management of the Government, it is hereby ordered that corporation income tax returns made for the year 1953 and subsequent years shall be open to inspection by the Federal Trade Commission as an aid in executing the powers conferred upon such Commission by the Federal Trade Commission Act of September 26, 1914, 38 Stat. 717, (this subchapter), such inspection to be in accordance and upon compliance with the rules and regulations prescribed by the Secretary of the Treasury in the Treasury decision relating to the inspection of returns by the Federal Trade Commission, approved by me this date (T.D. 6080, 19 F.R. 4308). This Executive Order shall be effective upon its filing for publication in the Federal Register. -CROSS- CROSS REFERENCES Enforcement by Federal Trade Commission of requirements imposed under section 1601 et seq. of this title, see section 1607 of this title. Jurisdiction, powers and duties of Secretary of Agriculture in enforcing the provisions of the Packers and Stockyards Act, application of this section to, see section 222 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57b-1, 57b-2, 57b-3 of this title; title 7 sections 222, 2146, 3807; title 13 section 91; title 21 sections 467d, 677, 1051. ------DocID 17788 Document 6 of 963------ -CITE- 15 USC Sec. 80a-46 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-46. Validity of contracts -STATUTE- (a) Waiver of compliance as void Any condition, stipulation, or provision binding any person to waive compliance with any provision of this subchapter or with any rule, regulation, or order thereunder shall be void. (b) Equitable results; rescission; severance (1) A contract that is made, or whose performance involves, a violation of this subchapter, or of any rule, regulation, or order thereunder, is unenforceable by either party (or by a nonparty to the contract who acquired a right under the contract with knowledge of the facts by reason of which the making or performance violated or would violate any provision of this subchapter or of any rule, regulation, or order thereunder) unless a court finds that under the circumstances enforcement would produce a more equitable result than nonenforcement and would not be inconsistent with the purposes of this subchapter. (2) To the extent that a contract described in paragraph (1) has been performed, a court may not deny rescission at the instance of any party unless such court finds that under the circumstances the denial of rescission would produce a more equitable result than its grant and would not be inconsistent with the purposes of this subchapter. (3) This subsection shall not apply (A) to the lawful portion of a contract to the extent that it may be severed from the unlawful portion of the contract, or (B) to preclude recovery against any person for unjust enrichment. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 47, 54 Stat. 845; Oct. 21, 1980, Pub. L. 96-477, title I, Sec. 104, 94 Stat. 2277.) -MISC1- AMENDMENTS 1980 - Subsec. (b). Pub. L. 96-477 provided that a contract whose terms violated this subchapter or any rule, regulation, or order thereunder would be unenforceable by either party or by a nonparty to the contract who acquired a right under such contract with knowledge of the facts by reason of which the making or performance of the contract would violate this subchapter, struck out provisions declaring such contracts void as regards the rights of the violators or nonparties to the contract with actual knowledge of its illegality, authorized the court to enforce such contracts where the court found that under the circumstances enforcement would produce a more equitable result than nonenforcement and such enforcement would not be inconsistent with the purposes of this subchapter, authorized the same two-part test to save from rescission any portions of such contracts which had been performed, and provided that subsec. (b) was not to apply to a lawful portion of a contract to the extent it could be severed from an unlawful portion of such contract, or to preclude recovery against any person for unjust enrichment. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18839 Document 7 of 963------ -CITE- 15 USC CHAPTER 46 -EXPCITE- TITLE 15 CHAPTER 46 -HEAD- CHAPTER 46 - MOTOR VEHICLE INFORMATION AND COST SAVINGS -MISC1- Sec. 1901. Definitions. SUBCHAPTER I - BUMPER STANDARDS 1911. Congressional findings and declaration of purpose. (a) Findings. (b) Purpose. 1912. Promulgation of bumper standards. (a) Authority of Secretary; applicability to passenger motor vehicles and equipment. (b) Criteria; conflict of standards with motor vehicle safety standards. (c) Exemptions; attachment of detachable hitches. (d) Effective date. (e) Rule making procedure; hearing. 1913. Judicial review of rules establishing bumper standards. (a) Filing of petition; time for filing; jurisdiction; venue; transmittal of copy of petition to Secretary; filing of record of proceedings by Secretary. (b) Additional evidence before Secretary; procedure; findings and recommendations of Secretary. (c) Applicability of sections 701 to 706 of title 5. (d) Review by Supreme Court. (e) Availability of other remedies. 1914. Powers of Secretary. (a) Conduct of hearings; subpena of witnesses and production of books, records, etc.; examination of relevant documentary evidence; orders requiring persons to file reports and answer specific questions; enforcement of subpenas and orders by district courts; contempt proceedings; payment of fees and mileage to witnesses. (b) Disclosure of confidential information. (c) Requests for information from other Federal departments, agencies, and instrumentalities; compliance; detail of personnel by head of other Federal departments, agencies, and instrumentalities. (d) Conduct of research. 1915. Determination of compliance by manufacturer with bumper standards. (a) Records, reports, and information from manufacturer; inspection and examination of vehicles and relevant documents; availability of vehicles and equipment for testing; negotiated price for test vehicles and equipment. (b) Entry into factory, warehouse, or establishment for reasonable inspection by duly designated officers, etc., of Secretary upon presentment to owner, operator, or agent in charge of credentials and written notice. (c) Certification by manufacturer or distributor to distributor or dealer at time of delivery of vehicle or item of equipment of conformance to applicable Federal bumper standards; form of certification; nonapplicability to exports. 1916. Prohibited acts. (a) Failure to comply with bumper standard, rule, recordkeeping, inspection, or certification requirements. (b) Exemptions from compliance with bumper standards; compliance of imported passenger motor vehicles or equipment with bumper standard; importation of passenger motor vehicle or equipment after first purchase in good faith for purpose other than resale. (c) Liability under statutory or common law not affected by compliance with bumper standard. 1917. Enforcement provisions. (a) Civil penalties; assessment and collection in civil action; separate nature of violations; maximum amount of penalties. (b) Violations by persons or corporations subsequent to receipt of notice of noncompliance; liability; amount of penalties. (c) Injunctive relief to restrain violations of bumper standards; petition; jurisdiction; notice by Secretary to person against whom action is contemplated to present views and achieve compliance; criminal contempt proceedings; venue; subpenas for witnesses. 1918. Civil action against manufacturer for failure to comply with bumper standards; persons entitled to bring suit; jurisdiction; venue; items of recovery; period of limitation. 1919. Public access to information. 1920. State and local bumper standards. (a) Establishment. (b) Enforcement; bumper standards for Federal, State, or locally owned vehicles. 1921. Authorization of appropriations. 1922. Annual report. SUBCHAPTER II - AUTOMOBILE CONSUMER INFORMATION STUDY 1941. Consumer information study by Secretary. (a) Scope of study. (b) Recommendations. (c) Dissemination of information to consumers. (d) Compilation and distribution of information. (e) Insurance premium rate comparisons; establishment of procedures requiring automobile dealers to distribute information to prospective purchasers. 1942. Appointment, compensation, etc., by Secretary of personnel, experts, consultants, and advisory committees to assist in study. 1943. Requests by Secretary for information from other Federal departments, etc. (a) Compliance. (b) Detail of personnel by head of other Federal departments, etc.; reimbursement. 1944. Powers of Secretary. (a) Conduct of hearings; subpena of witnesses and production of books, records, etc. (b) Examination of relevant documentary evidence. (c) Orders requiring persons to file reports and answer specific questions. (d) Enforcement of subpenas and orders by district courts; contempt proceedings. (e) Payment of fees and mileage to witnesses. (f) Disclosure of confidential information. 1945. Insurance reports and information. (a) Duty of insurers of passenger motor vehicles. (b) Scope of reports and information. (c) Considerations governing request by Secretary for reports and information. (d) Voluntary nature of compliance by insurer with request of Secretary. (e) Damage susceptibility, crashworthiness, and damage repair and personal injury cost information. (f) Dissemination of information by Secretary. (g) Time and manner of furnishing information. 1946. Prohibited acts. 1947. Injunctive relief to restrain violations of information requirements; petition; jurisdiction; notice by Secretary to person against whom action is contemplated for opportunity to present views and achieve compliance; venue; subpenas for witnesses. 1948. Civil penalties for violations of information requirements. (a) Separate nature of violations; maximum amount of penalties. (b) Compromise of penalty by Secretary; determination of amount of penalty or amount of compromised penalty; deduction of amount of penalty. (c) Venue; subpenas for witnesses. 1949. Authorization of appropriations. SUBCHAPTER III - DIAGNOSTIC INSPECTION DEMONSTRATION PROJECTS PART A - STATE PROGRAMS 1961. Powers of Secretary. (a) Establishment of demonstration projects; commencement of inspections. (b) Grants and technical assistance to States; consultations with Administrator of Environmental Protection Agency. (c) Conduct or supervision by States of demonstration projects; nonprofit performance of diagnostic inspection services; limitations on demonstration projects. 1962. Eligibility of States for grants or other assistance. (a) Application. (b) Requirements for demonstration projects. 1963. Implementation of grants or other assistance to States. (a) Time, manner, and contents of application. (b) Limitation on amount of grant; date for eligibility of inspection costs; retention of equipment by State; manner of payments. (c) Minimum use of grants for diagnostic inspection demonstration projects. PART B - SPECIAL DEMONSTRATION PROJECTS 1963a. Duties of Secretary. (a) Establishment of special demonstration project; purposes of motor vehicle inspection. (b) Evaluation of equipment available for use in small automotive repair establishments; report to Congress. (c) Participation of certain Federal Administrators. PART C - AUTHORIZATION OF APPROPRIATIONS 1964. Authorization of appropriations. SUBCHAPTER IV - ODOMETER REQUIREMENTS 1981. Congressional findings and declaration of purpose. 1982. Definitions. 1983. Devices causing odometer to register other than true mileage driven prohibited. 1984. Change of mileage indicated on odometer prohibited. 1985. Operation of motor vehicle with knowledge of disconnected or nonfunctional odometer prohibited. 1986. Conspiracy to violate odometer requirements. 1987. Lawful service, repair, or replacement of odometer; adjustment of mileage and notice of adjustment; failure to adjust mileage or affix notice of adjustment and removal or alteration of notice with fraudulent intent prohibited. (a) Adjustment of mileage and notice of adjustment. (b) Failure to adjust mileage or affix notice; fraudulent removal or alteration. 1988. Disclosure requirements upon transfer of ownership of motor vehicle. (a) Promulgation of rules. (b) Violations of rules and giving false statements to transferees prohibited. (c) Acceptance of incomplete written disclosure by transferees acquiring ownership for resale prohibited. (d) Statement by transferor of mileage disclosure prior to licensing by transferee. (e) Written disclosure regarding mileage by lessee to lessor upon lessor's transfer of ownership of leased motor vehicle. (f) State alternate motor vehicle mileage disclosure requirements. (g) Recordkeeping requirements for auction company where motor vehicle sold at auction. 1989. Civil actions to enforce liability for violations of odometer requirements. (a) Amount of damages. (b) Jurisdiction; period of limitation. 1990. Injunctive relief to restrain violations. (a) Jurisdiction; venue; service of process. (b) Subpenas for witnesses. 1990a. State action to restrain violation or recover damages. (a) Action by chief law enforcement officer. (b) Period of limitation; jurisdiction. 1990b. Civil penalty. (a) Maximum amounts. (b) Assessment; collection; compromise. 1990c. Criminal penalties. (a) Maximum amounts. (b) Liability of director, etc., of corporation. 1990d. Inspections and investigations. (a) Authorization of Secretary; cooperation with State and local officials; power of designated officers or employees to enter, impound, and inspect; compensation for impounding of motor vehicles or equipment. (b) Recordkeeping requirements. (c) Administrative proceedings; access to and copying of documentary evidence; written reports and answers; judicial enforcement of subpoenas or orders; witness fees and mileage. (d) Disclosure of confidential information. 1990e. Administrative warrants. (a) Necessity. (b) Issuance and execution; inventory of impounded property; filing of papers. 1990f. Compliance with inspection and investigation requirements. 1990g. Authorization of appropriations. 1991. State odometer requirements. SUBCHAPTER V - IMPROVING AUTOMOTIVE EFFICIENCY 2001. Definitions. 2002. Average fuel economy standards. (a) Standards for passenger vehicles manufactured after 1977; review of standards; report to Congress; standards for passenger automobiles manufactured from 1981 through 1984; amendment of standards. (b) Standards for other than passenger automobiles. (c) Exemptions for manufacturers of limited number of cars. (d) Application for modification of standards. (e) Determination of maximum feasible average fuel economy. (f) Amendment of average fuel economy standards. (g) Exemption of emergency vehicles from fuel economy standards. (h) Application of other laws. (i) Consultation with Secretary of Energy; impact of proposed standards upon conservation goals; comments. (j) Notification of Secretary of Energy; comments. (k) Adjustments or relief regarding standards for other than passenger automobiles. (l) Credits for exceeding average fuel economy standards. 2003. Calculation of average fuel economy. (a) Method of calculation. (b) Automobile categories. (c) 'Automobiles manufactured' defined. (d) Testing and calculation procedures. (e) Rounding off of measurements of fuel economy. (f) Consultation and coordination by Administrator with Secretary. 2004. Judicial review. (a) Review of rules in courts of appeals. (b) Additional submissions. (c) Finality of determination; review by United States Supreme Court. (d) Remedy in addition to other remedies provided by law. 2005. Information and reports. (a) Reports by manufacturers; time; contents. (b) Hearings; evidence. (c) Tests, reports, etc., which may be required of manufacturers. (d) Disclosure of information to public. 2006. Labeling. (a) Label required on automobile; contents. (b) Booklet containing fuel economy data; distribution by administrator. (c) Violations. (d) Creation of warranties. (e) Consultation by Administrator with other agency personnel. 2007. Unlawful conduct. (a) Designation. (b) Exception. 2008. Civil penalty. (a) Penalty for violations; credit against penalty. (b) Amount of penalty; compromise or modification. (c) Review of penalty by interested person. (d) Prescription of additional amount by rule. (e) Publication of proposed rule; hearing; evidence; publication of final rule; judicial review. 2009. State laws. (a) Fuel economy standards. (b) Fuel economy disclosures. (c) State or political subdivision automobiles. 2010. Use of fuel efficient passenger automobiles by Federal Government. (a) Rules. (b) Definitions. 2011. Retrofit devices. (a) Examination of fuel economy representations. (b) Evaluation of retrofit devices. (c) Results of tests; publication in Federal Register. (d) Rules establishing tests and procedures for evaluation of retrofit devices. (e) Definitions. 2012. Reports to Congress. (a) Fuel flow instrument requirement. (b) Inclusion of electric vehicles under provisions of this subchapter. (c) Effects of exemption granted. 2013. Manufacturing incentives for automobiles. (a) Alcohol powered automobile. (b) Dual energy automobile. (c) Natural gas powered automobile. (d) Natural gas dual energy automobile. (e) Fuel economy calculation. (f) Applicability. (g) Maximum increase. (h) Definitions. SUBCHAPTER VI - THEFT PREVENTION 2021. Definitions. 2022. Theft prevention standards. (a) Authority to promulgate. (b) Criteria. (c) Proposed and final rules establishing standard. (d) Required identification. (e) Recordkeeping requirements. 2023. Designation of high theft vehicle lines and parts. (a) Categories. (b) Determination of theft rate. (c) Need for manufacturer information. (d) Power of Secretary. 2024. Cost limitation. (a) Maximum cost to manufacturer. (b) Computation of manufacturer's costs. (c) Adjustment of costs. 2025. Exemption for vehicles with antitheft devices. (a) Grounds. (b) Procedure. (c) Time of determination. (d) Rescission of exemption. (e) 'Antitheft device' defined. 2026. Determination of compliance of manufacturer. (a) Recordkeeping requirements. (b) Notice and inspection. (c) Certificate of compliance. (d) Notice of error. 2027. Prohibited acts. 2028. Enforcement provisions; maximum penalties; injunctive relief. 2029. Confidentiality of information. 2030. Judicial review. 2031. Coordination with State and local law. 2032. Insurance reports and information. (a) Required information. (b) Periodic compilations. (c) Consultation with State and insurance regulatory agencies. (d) Reduced claims payment. (e) Prescribed form for information. (f) 'Motor vehicle' defined. 2033. Voluntary vehicle identification standards. (a) Authority to promulgate. (b) Criteria. (c) Voluntary compliance. (d) Relief from requirements. 2034. Three-year and five-year studies regarding motor vehicle theft. (a) Three-year report. (b) Five-year report. (c) Bases of reports. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2512 of this title; title 18 section 511. ------DocID 19684 Document 8 of 963------ -CITE- 16 USC Sec. 46 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 46. Yosemite National Park; lands segregated from and included in Sierra National Forest; rights-of-way over -STATUTE- All those tracts or parcels of ground described in section 471c of this title, but not included within the metes and bounds of the land hereinafter described are included and made a part of the Sierra National Forest, namely: The tracts of land in the State of California known and described as follows: Beginning at the point where the middle of the channel of the South Fork of the Merced River intersects the line between sections 3 and 4, township 4 south, range 20 east, Mount Diablo base and meridian; thence northerly along section lines through the middle of townships 3 and 4 south, range 20 east, to the northwest corner of section 3, township 3 south, range 20 east; thence westerly along township line to the southwest corner of section 33, township 2 south, range 20 east; thence northerly along section lines to the northwest corner of section 21, said township; thence westerly along section lines to the southwest corner of section 18, said township; thence southerly along range line to the southeast corner of the northeast quarter of section 24, township 2 south, range 19 east; thence westerly to the southwest corner of the northeast quarter of section 24, said township; thence southerly to the southeast corner of the southwest quarter of section 24, said township; thence westerly along section lines to the southwest corner of section 23, said township; thence northerly along section lines to the northwest corner of the southwest quarter of section 14, said township; thence easterly to the northeast corner of the southeast quarter of section 14, said township; thence northerly along section line to the northwest corner of section 13, said township; thence easterly along section line to the northeast corner of section 13, said township; thence northerly along range line to the northwest corner of the southwest quarter of section 7, township 2, south, range 20 east; thence easterly to the northeast corner of the southeast quarter of section 7, said township; thence southerly along section line to the northwest corner of section 17, said township; thence easterly along section lines to the northeast corner of section 16, said township; thence northerly along section lines to the northwest corner of section 3, said township; thence westerly along township line to the southwest corner of section 33, township 1 south, range 20 east; thence northerly along section lines to the northwest corner of section 21, said township; thence westerly along section lines to the southwest corner of section 18, said township; thence northerly along range line to the northwest corner of section 6, said township; thence westerly along Mount Diablo base line to the southwest corner of section 34, township 1 north, range 19 east; thence northerly along section lines through the middle of townships 1 and 2 north, range 19 east, to the point of intersection with the summit of the divide between Cherry Creek on the west and Eleanor and Fall Creeks on the east; thence along the summit of said divide in a northeasterly direction to the summit of the Sierra Nevada Mountains; thence southeasterly along the summit of the Sierra Nevada Mountains to the divide between the Merced and San Joaquin Rivers; thence southwesterly along said divide to the point of intersection with the south boundary of township 4 south, range 23 east, Mount Diablo base and meridian; thence westerly along township line to the point of intersection with the middle of the channel of the South Fork of the Merced River; thence westerly down the middle of said river to the place of beginning. The lands above described are reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and set apart as reserved forest lands, subject to all the provisions of sections 55, 61, 471c and 471d of this title. The Secretary of the Interior may require the payment of such price as he may deem proper for privileges on the land herein segregated from the Yosemite National Park and made a part of the Sierra National Forest accorded under section 79 of this title, relating to rights of way over certain parks, reservations, and other lands, and other acts concerning rights of way over public lands; and the moneys received from the privileges accorded on the lands herein segregated and included in the Sierra National Forest shall be paid into the Treasury of the United States as provided by law. The forest lands herein set aside and reserved shall be known as the 'Yosemite National Park.' -SOURCE- (Feb. 7, 1905, ch. 547, Sec. 1, 33 Stat. 702; Mar. 4, 1907, ch. 2907, 34 Stat. 1279.) -REFTEXT- REFERENCES IN TEXT Section 79 of this title, referred to in text, was in the original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790. For further details, see Codification note set out under section 79 of this title. -COD- CODIFICATION 'Sierra National Forest' substituted in text for 'Sierra Forest Reserve' on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. -MISC3- ADDITIONS TO YOSEMITE NATIONAL PARK The following provisions authorized the addition of lands to Yosemite National Park: Pub. L. 98-425, title I, Sec. 105(a)(2), (d), Sept. 28, 1984, 98 Stat. 1626. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 48, 49 of this title. ------DocID 21428 Document 9 of 963------ -CITE- 16 USC Sec. 460uu-46 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-46. Exchanges and acquisitions generally; withdrawal -STATUTE- (a) Exchanges on basis of equal value; cash equalization; exceptions All exchanges pursuant to this subchapter shall be made in a manner consistent with applicable provisions of law, including this subchapter, and unless otherwise specified in this subchapter shall be on the basis of equal value; either party to an exchange may pay or accept cash in order to equalize the value of the property exchange, except that if the parties agree to an exchange and the Secretary determines it is in the public interest, such exchange may be made for other than equal value. (b) 'Public lands' defined For purposes of this subchapter, the term 'public lands' shall have the same meaning as such term has when used in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (c) Incorporation and management of after-acquired lands Except as otherwise provided in section 460uu-45 of this title, any lands or interests therein within the boundaries of the monument or conservation area which after December 31, 1987, may be acquired by the United States shall be incorporated into the monument or conservation area, as the case may be, and managed accordingly, and all provisions of this subchapter and other laws applicable to the monument or the conservation area, as the case may be, shall apply to such incorporated lands. (d) Prohibition on transfer of lands out of Federal ownership; withdrawal of lands from all forms of entry (1) Except as otherwise provided in this subchapter, no federally-owned lands located within the boundaries of the monument or the conservation area shall be transferred out of Federal ownership, or be placed in trust for any Indian tribe or group, by exchange or otherwise. (2) Except as otherwise provided in this subchapter, and subject to valid existing rights, all Federal lands within the monument and the conservation area and all lands and interests therein which are acquired on and after December 31, 1987, by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry and patent under the mining laws, and from operation of the mineral leasing and geothermal leasing laws and all amendments thereto. (e) Discrepancies in citation of acreage; maps as controlling The acreages cited in this subchapter are approximate, and in the event of discrepancies between cited acreages and the lands depicted on referenced maps, the maps shall control. (f) Acceptance of lands proposed for donation The Secretary is authorized to accept any lands contiguous to the boundaries of the Pecos National Monument (as such boundaries were established on December 31, 1987) which may be proposed for donation to the United States. If acceptance of such lands proposed for donation would be in furtherance of the purposes for which the Pecos National Monument was established, the Secretary shall accept such lands, and upon such acceptance such lands shall be incorporated into such monument and managed accordingly. (g) Redesignation and revision of boundaries of Capulin Mountain National Monument (1) Capulin Mountain National Monument is hereby redesignated as Capulin Volcano National Monument. (2) Any reference in any record, map, or other document of the United States of America to Capulin Mountain National Monument shall hereafter be deemed to be a reference to Capulin Volcano National Monument. (3) Section 1 of the Act of September 5, 1962 (76 Stat. 436) is hereby amended by striking the remaining portion of section 1 after 'boundaries of the monument' and inserting 'shall include the lands and interests in lands as generally depicted on the map entitled 'Capulin Volcano National Monument Boundary Map' which is numbered 125-80,014 and dated January 1987.'. (4) Jurisdiction over federally-owned lands within the revised boundaries of the monument is hereby transferred to the National Park Service, without monetary consideration, for administration as part of the monument. -SOURCE- (Pub. L. 100-225, title V, Sec. 506, Dec. 31, 1987, 101 Stat. 1546.) -REFTEXT- REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (b), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (Sec. 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. The public land laws, referred to in subsec. (d)(2), are classified generally to Title 43. The mining laws, referred to in subsec. (d)(2), are classified generally to Title 30, Mineral Lands and Mining. Mineral leasing laws, referred to in subsec. (d)(2), have been defined in sections 351, 505, 530, and 541e of Title 30, to mean acts Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44 Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is known as the Mineral Leasing Act and is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified generally to subchapter VIII (Sec. 271 et seq.) of chapter 3A of Title 30. The act of Feb. 7, 1927, is classified principally to subchapter IX (Sec. 281 et seq.) of chapter 3A of Title 30. For complete classification of these Acts to the Code, see Tables. Geothermal leasing laws, referred to in subsec. (d)(2), are classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30. Section 1 of the Act of September 5, 1962, referred to in subsec. (g)(3), is section 1 of Pub. L. 87-635, Sept. 5, 1962, 76 Stat. 436, which is not classified to the Code. ------DocID 23227 Document 10 of 963------ -CITE- 16 USC CHAPTER 46 -EXPCITE- TITLE 16 CHAPTER 46 -HEAD- CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES -MISC1- Sec. 2601. Findings. 2602. Definitions. 2603. Relationship to antitrust laws. SUBCHAPTER I - RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES 2611. Purposes. 2612. Coverage. (a) Volume of total retail sales. (b) Exclusion of wholesale sales. (c) List of covered utilities. 2613. Federal contracts. SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES 2621. Consideration and determination respecting certain ratemaking standards. (a) Consideration and determination. (b) Procedural requirements for consideration and determination. (c) Implementation. (d) Establishment. 2622. Obligations to consider and determine. (a) Request for consideration and determination. (b) Time limitations. (c) Failure to comply. 2623. Adoption of certain standards. (a) Adoption of standards. (b) Establishment. (c) Procedural requirements. 2624. Lifeline rates. (a) Lower rates. (b) Determination. (c) Prior proceedings. 2625. Special rules for standards. (a) Cost of service. (b) Time-of-day rates. (c) Load management techniques. (d) Master metering. (e) Automatic adjustment clauses. (f) Information to consumers. (g) Procedures for termination of electric service. (h) Advertising. 2626. Reports respecting standards. (a) State authorities and nonregulated utilities. (b) Secretary. 2627. Relationship to State law. (a) Revenue and rate of return. (b) State authority. (c) Federal agencies. SUBCHAPTER III - INTERVENTION AND JUDICIAL REVIEW 2631. Intervention in proceedings. (a) Authority to intervene and participate. (b) Access to information. (c) Effective date; procedures. 2632. Consumer representation. (a) Compensation for costs of participation or intervention. (b) Alternative means. (c) Transcripts. (d) Federal agencies. (e) Rights under other authority. 2633. Judicial review and enforcement. (a) Limitation of Federal jurisdiction. (b) Enforcement of intervention right. (c) Review and enforcement. (d) Other authority of Secretary. 2634. Prior and pending proceedings. SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS 2641. Voluntary guidelines. 2642. Responsibilities of Secretary. (a) Authority. (b) Technical assistance. (c) Appropriations. 2643. Gathering information on costs of service. (a) Information required to be gathered. (b) Commission rules. (c) Filing and publication. (d) Enforcement. 2644. Relationship to other authority. 2645. Utility regulatory institute. (a) Matching grants. (b) Federal share. (c) Restrictions. (d) Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 10 section 2483; title 42 sections 6807, 7375. ------DocID 23817 Document 11 of 963------ -CITE- 18 USC Sec. 46 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- Sec. 46. Transportation of water hyacinths -STATUTE- (a) Whoever knowingly delivers or receives for transportation, or transports, in interstate commerce, alligator grass (alternanthera philoxeroides), or water chestnut plants (trapa natans) or water hyacinth plants (eichhornia crassipes) or the seeds of such grass or plants; or (b) Whoever knowingly sells, purchases, barters, exchanges, gives, or receives any grass, plant, or seed which has been transported in violation of subsection (a); or (c) Whoever knowingly delivers or receives for transportation, or transports, in interstate commerce, an advertisement, to sell, purchase, barter, exchange, give, or receive alligator grass or water chestnut plants or water hyacinth plants or the seeds of such grass or plants - Shall be fined not more than $500, or imprisoned not more than six months, or both. -SOURCE- (Added Aug. 1, 1956, ch. 825, Sec. 1, 70 Stat. 797.) ------DocID 24140 Document 12 of 963------ -CITE- 18 USC CHAPTER 46 -EXPCITE- TITLE 18 PART I CHAPTER 46 -HEAD- CHAPTER 46 - FORFEITURE -MISC1- Sec. 981. Civil forfeiture. 982. Criminal forfeiture. AMENDMENTS 1988 - Pub. L. 100-690, title VII, Sec. 7069, Nov. 18, 1988, 102 Stat. 4405, substituted 'forfeiture' for 'Forfeiture' in items 981 and 982. ------DocID 25137 Document 13 of 963------ -CITE- 18 USC Rule 46 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 46. Release From Custody -STATUTE- (a) Release Prior to Trial. Eligibility for release prior to trial shall be in accordance with 18 U.S.C. Sec. 3142 and 3144. (b) Release During Trial. A person released before trial shall continue on release during trial under the same terms and conditions as were previously imposed unless the court determines that other terms and conditions or termination of release are necessary to assure such person's presence during the trial or to assure that such person's conduct will not obstruct the orderly and expeditious progress of the trial. (c) Pending Sentence and Notice of Appeal. Eligibility for release pending sentence or pending notice of appeal or expiration of the time allowed for filing notice of appeal, shall be in accordance with 18 U.S.C. Sec. 3143. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant. (d) Justification of Sureties. Every surety, except a corporate surety which is approved as provided by law, shall justify by affidavit and may be required to describe in the affidavit the property by which the surety proposes to justify and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by the surety and remaining undischarged and all the other liabilities of the surety. No bond shall be approved unless the surety thereon appears to be qualified. (e) Forfeiture. (1) Declaration. If there is a breach of condition of a bond, the district court shall declare a forfeiture of the bail. (2) Setting aside. The court may direct that a forfeiture be set aside in whole or in part, upon such conditions as the court may impose, if a person released upon execution of an appearance bond with a surety is subsequently surrendered by the surety into custody or if it otherwise appears that justice does not require the forfeiture. (3) Enforcement. When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon. By entering into a bond the obligors submit to the jurisdiction of the district court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors to their last known addresses. (4) Remission. After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in paragraph (2) of this subdivision. (f) Exoneration. When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody. (g) Supervision of Detention Pending Trial. The court shall exercise supervision over the detention of defendants and witnesses within the district pending trial for the purpose of eliminating all unnecessary detention. The attorney for the government shall make a biweekly report to the court listing each defendant and witness who has been held in custody pending indictment, arraignment or trial for a period in excess of ten days. As to each witness so listed the attorney for the government shall make a statement of the reasons why such witness should not be released with or without the taking of a deposition pursuant to Rule 15(a). As to each defendant so listed the attorney for the government shall make a statement of the reasons why the defendant is still held in custody. (h) Forfeiture of Property. Nothing in this rule or in chapter 207 of title 18, United States Code, shall prevent the court from disposing of any charge by entering an order directing forfeiture of property pursuant to 18 U.S.C. 3142(c)(2)(K) if the value of the property is an amount that would be an appropriate sentence after conviction of the offense charged and if such forfeiture is authorized by statute or regulation. -SOURCE- (As amended Apr. 9, 1956, eff. July 8, 1956; Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 209(d), 98 Stat. 1987; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a)(1). This rule is substantially a restatement of existing law, 18 U.S.C. 596, 597 (now 3141). Note to Subdivision (a)(2). This rule is substantially a restatement of Rule 6 of Criminal Appeals Rules, with the addition of a reference to bail pending certiorari. This rule does not supersede 18 U.S.C. 682 (now 3731) (Appeals; on behalf of the United States; rules of practice and procedure), which provides for the admission of the defendant to bail on his own recognizance pending an appeal taken by the Government. Note to Subdivision (b). This rule is substantially a restatement of existing law, 28 U.S.C. (former) 657. Note to Subdivision (d). This rule is a restatement of existing practice, and is based in part on 6 U.S.C. 15 (now 31 U.S.C. 9103) (Bonds or notes of United States in lieu of recognizance, stipulation, bond, guaranty, or undertaking; place of deposit; return to depositor; contractors' bonds). Note to Subdivision (e). This rule is similar to Sec. 79 of A.L.I. Code of Criminal Procedure introducing, however, an element of flexibility. Corporate sureties are regulated by 6 U.S.C. 6-14 (now 31 U.S.C. 9304-9308). Note to Subdivision (f). 1. With the exception hereafter noted, this rule is substantially a restatement of existing law in somewhat greater detail than contained in 18 U.S.C. (former) 601 (Remission of penalty of recognizance). 2. Subdivision (f)(2) changes existing law in that it increases the discretion of the court to set aside a forfeiture. The present power of the court is limited to cases in which the defendant's default had not been willful. 3. The second sentence of paragraph (3) is similar to Rule 73(f) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). This paragraph also substitutes simple motion procedure for enforcing forfeited bail bonds for the procedure by scire facias, which was abolished by Rule 81(b) of the Federal Rules of Civil Procedure. Note to Subdivision (g). This rule is a restatement of existing law and practice. It is based in part on 18 U.S.C. 599 (now 3142) (Surrender by bail). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Subdivision (c). - The more inclusive word 'terms' is substituted for 'amount' in view of the amendment to subdivision (d) authorizing releases without security on such conditions as are necessary to insure the appearance of the defendant. The phrase added at the end of this subdivision is designed to encourage commissioners and judges to set the terms of bail so as to eliminate unnec