I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:35:54. Database: USCODE Search: (47:CITE) ------DocID 54059 Document 1 of 303------ -CITE- 47 USC TITLE 47 -EXPCITE- TITLE 47 -HEAD- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS -MISC1- Chap. Sec. 1. Telegraphs 1 2. Submarine Cables 21 3. Radiotelegraphs (Repealed) 51 4. Radio Act of 1927 (Repealed or Omitted) 81 5. Wire or Radio Communication 151 6. Communications Satellite System 701 7. Campaign Communications (Repealed) 801 ------DocID 8215 Document 2 of 303------ -CITE- 5 USC CHAPTER 47 -EXPCITE- TITLE 5 PART III Subpart C CHAPTER 47 -HEAD- CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS -MISC1- Sec. 4701. Definitions. 4702. Research programs. 4703. Demonstration projects. 4704. Allocation of funds. 4705. Reports. 4706. Regulations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1103 of this title. ------DocID 10442 Document 3 of 303------ -CITE- 7 USC CHAPTER 47 -EXPCITE- TITLE 7 CHAPTER 47 -HEAD- CHAPTER 47 - INTERCHANGE OF DEPARTMENT OF AGRICULTURE AND STATE EMPLOYEES ------DocID 12125 Document 4 of 303------ -CITE- 10 USC CHAPTER 47 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 47 -HEAD- CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE -MISC1- Subchap. Sec. Art. --------------------------------------------------------------------- : : : --------------------------------------------------------------------- I. :General :801 :1 : Provisions : : II. :Apprehension :807 :7 : and Restraint : : III. :Non-Judicial :815 :15 : Punishment : : IV. :Court-Martial :816 :16 : Jurisdiction : : V. :Composition of :822 :22 : Courts-Martial: : VI. :Pre-Trial :830 :30 : Procedure : : VII. :Trial Procedure:836 :36 VIII. :Sentences :855 :55 IX. :Post-Trial :859 :59 : Procedure and : : : Review of : : : Courts-Martial: : X. :Punitive :877 :77 : Articles : : XI. :Miscellaneous :935 :135 : Provisions : : XII. :Court of :941 :141 : Military : : : Appeals : : ------------------------------- AMENDMENTS 1989 - Pub. L. 101-189, div. A, title XIII, Sec. 1304(a)(1), Nov. 29, 1989, 103 Stat. 1576, added item for subchapter XII. 1983 - Pub. L. 98-209, Sec. 5(h)(1), Dec. 6, 1983, 97 Stat. 1400, substituted 'IX. Post-Trial Procedure and Review of Courts-Martial' for 'IX. Review of Courts-Martial'. 1958 - Pub. L. 85-861, Sec. 33(a)(6), Sept. 2, 1958, 72 Stat. 1564, substituted 801, 807, 815, 816, 822, 830, 836, 855, 859, 877 and 935 for 1901, 1913, 1929, 1931, 1943, 1959, 1971, 2009, 2017, 2053 and 2169, respectively. -CROSS- CROSS REFERENCES Retirement benefits, forfeiture upon conviction of offenses described hereunder, see section 8312 of Title 5, Government Organization and Employees. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 951, 955, 1037, 1044a, 1094, 1552, 1553, 5148 of this title; title 5 sections 8312, 8313, 8331, 8401; title 18 sections 3551, 4247; title 28 section 535; title 37 section 559; title 42 sections 217, 10601; title 49 App. sections 1471, 1655; title 50 App. section 473. ------DocID 17084 Document 5 of 303------ -CITE- 14 USC Sec. 47 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 47. Vice Commandant; assignment; retirement -STATUTE- (a) The President may appoint, by and with the advice and consent of the Senate, one Vice Commandant who shall rank next after the Commandant, shall perform such duties as the Commandant may prescribe and shall act as Commandant during the absence or disability of the Commandant or in the event that there is a vacancy in the office of Commandant. The Vice Commandant shall be selected from the officers on the active duty promotion list serving above the grade of captain. The Commandant shall make recommendation for such appointment. The Vice Commandant shall, while so serving, have the grade of vice admiral with pay and allowances of that grade. The appointment of a Vice Commandant shall be effective on the date the officer assumes such duty, and shall terminate on the date he is detached from such duty. (b) A Vice Commandant, while so serving, who is retired for physical disability shall be placed on the retired list with the grade of vice admiral. (c) An officer who is retired while serving as Vice Commandant, or who, after serving at least two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the grade of vice admiral. (d) An officer who, after serving less than two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, shall be retired in his permanent grade. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 499; May 14, 1960, Pub. L. 86-474, Sec. 1(6), 74 Stat. 144; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(5), (6), 77 Stat. 175; June 9, 1966, Pub. L. 89-444, Sec. 1(6), (7), 80 Stat. 195; Oct. 2, 1972, Pub. L. 92-451, Sec. 1(4), 86 Stat. 755; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(2), 96 Stat. 1301; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(2), 100 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 11a, 12 (Apr. 16, 1908, ch. 145, Sec. 1, 2, 35 Stat. 61; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Jan. 12, 1923, ch. 25, Sec. 2, 42 Stat. 1130; May 24, 1939, ch. 148, Sec. 2, 3, 53 Stat. 757; June 6, 1940, ch. 257, Sec. 1(b), 3, 54 Stat. 246; July 23, 1947, ch. 301, Sec. 2, 61 Stat. 410; May 19, 1948, ch. 305, 62 Stat. 239). Said sections have been divided. The provisions of the proviso of title 14, U.S.C., 1946 ed., Sec. 11a, and the first proviso of title 14, U.S.C., 1946 ed., Sec. 12, are placed in section 48 of this title and the remainder is placed in this section. The provisions regarding appointment of the Assistant Commandant and Engineer in Chief are coordinated, inasmuch as these positions are about equal in the Coast Guard organization. The qualification that the Engineer in Chief be appointed from the active list of engineering officers is changed to the active list of officers who have qualified for engineering duty, because there is no longer any provision for a corps of engineering officers. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Subsecs. (b), (c). Pub. L. 99-348, Sec. 205(b)(2)(A), struck out 'and retired pay' after 'with the grade'. Subsec. (d). Pub. L. 99-348, Sec. 205(b)(2)(B), struck out 'and with the retired pay of that grade' after 'permanent grade'. 1982 - Subsec. (a). Pub. L. 97-295 substituted 'a' for 'an' before 'Vice Commandant'. 1972 - Subsec. (a). Pub. L. 92-451 substituted 'Vice Commandant' for 'Assistant Commandant' in four places, and 'above the grade of captain' for 'in the grade of captain or above' in second sentence. Subsec. (b). Pub. L. 92-451 substituted 'A Vice Commandant' for 'An Assistant Commandant'. Subsecs. (c), (d). Pub. L. 92-451 substituted 'Vice Commandant' for 'Assistant Commandant' wherever appearing. 1966 - Subsec. (c). Pub. L. 89-444, Sec. 1(6), struck out requirement that Assistant Commandant serve 2 1/2 years as Assistant Commandant before becoming eligible for retirement with the grade and pay of vice admiral. Subsec. (d). Pub. L. 89-444, Sec. 1(7), struck out provision that section 334 of this title, which covers cases of retirement when a higher grade has been held, shall not apply to an officer retiring within 2 1/2 years of the date of his original assignment as Assistant Commandant. 1963 - Subsec. (a). Pub. L. 88-130, Sec. 1(5), substituted 'officers on the active duty promotion list serving in the grade of captain or above' for 'active list of officers who hold a permanent commission as captain or above'. Subsec. (d). Pub. L. 88-130, Sec. 1(6), substituted 'section 334' for 'section 243'. 1960 - Pub. L. 86-474 amended section generally, and, among other changes, required Assistant Commandant to be appointed from the active list of officers who hold a permanent commission as captain or above, raised grade of Assistant Commandant from rear admiral to vice admiral, increased his pay and allowances from that of a rear admiral (upper half) to that of a vice admiral, struck out provisions which related to an Engineer in Chief, and added subsecs. (b) to (d). 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. EFFECTIVE DATE OF HIGHER GRADE AND INCREASED PAY AND ALLOWANCES The increased grade of vice admiral for the Vice Commandant, including the pay and allowances applicable to such grade, effective on the first day of the month following May 14, 1960, see section 2 of Pub. L. 86-474, set out as a note under section 44 of this title. ------DocID 17488 Document 6 of 303------ -CITE- 15 USC Sec. 47 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 47. Reference of suits under antitrust statutes to Commission -STATUTE- In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust Acts, the court may, upon the conclusion of the testimony therein, if it shall be then of opinion that the complainant is entitled to relief, refer said suit to the Commission, as a master in chancery, to ascertain and report an appropriate form of decree therein. The Commission shall proceed upon such notice to the parties and under such rules of procedure as the court may prescribe, and upon the coming in of such report such exceptions may be filed and such proceedings had in relation thereto as upon the report of a master in other equity causes, but the court may adopt or reject such report, in whole or in part, and enter such decree as the nature of the case may in its judgment require. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 7, 38 Stat. 722.) -REFTEXT- REFERENCES IN TEXT The words 'In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust Acts' have reference to actions under sections 4, 9, and 25 of this title. The antitrust Acts, referred to in text, are defined in section 44 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. ------DocID 17789 Document 7 of 303------ -CITE- 15 USC Sec. 80a-47 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-47. Violation of subchapter -STATUTE- (a) Procurement It shall be unlawful for any person, directly or indirectly, to cause to be done any act or thing through or by means of any other person which it would be unlawful for such person to do under the provisions of this subchapter or any rule, regulation, or order thereunder. (b) Obstructing compliance It shall be unlawful for any person without just cause to hinder, delay, or obstruct the making, filing, or keeping of any information, document, report, record, or account required to be made, filed, or kept under any provision of this subchapter or any rule, regulation, or order thereunder. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 48, 54 Stat. 846.) -CROSS- CROSS REFERENCES Liability of controlling persons under - Public Utility Holding Company Act of 1935, see section 79z-1 of this title. Securities Act of 1933, see section 77o of this title. Securities Exchange Act of 1934, see section 78t of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-64 of this title. ------DocID 18921 Document 8 of 303------ -CITE- 15 USC CHAPTER 47 -EXPCITE- TITLE 15 CHAPTER 47 -HEAD- CHAPTER 47 - CONSUMER PRODUCT SAFETY -MISC1- Sec. 2051. Congressional findings and declaration of purpose. 2052. Definitions. 2053. Consumer Product Safety Commission. (a) Establishment; Chairman. (b) Term; vacancies. (c) Restrictions on Commissioner's outside activities. (d) Quorum; seal; Vice Chairman. (e) Offices. (f) Functions of Chairman. (g) Executive Director; officers and employees. (h) Omitted. (i) Civil action against United States. (j) Agenda and priorities; establishment and comments. 2054. Product safety information and research. (a) Injury Information Clearinghouse; duties. (b) Research, investigation and testing of consumer products. (c) Grants and contracts for conduct of functions. (d) Availability to public of information. 2055. Public disclosure of information. (a) Disclosure requirements for manufacturers or private labelers; procedures applicable. (b) Additional disclosure requirements for manufacturers or private labelers; procedures applicable. (c) Communications with manufacturers. (d) 'Act' defined; coverage. (e) Disclosure of information regarding civil actions involving consumer product alleged to have caused death or injury. 2056. Consumer product safety standards. (a) Types of requirements. (b) Reliance of Commission upon voluntary standards. (c) Contribution of Commission to development cost. 2057. Banned hazardous products. 2057a. Banning of butyl nitrite. (a) In general. (b) Lawful purposes. (c) Definitions. (d) Effective date. 2057b. Banning of isopropal nitrite and other nitrites. (a) In general. (b) Lawful purposes. (c) 'Commercial purpose' defined. (d) Effective date. 2058. Procedure for consumer product safety rules. (a) Commencement of proceeding; publication of prescribed notice of proposed rulemaking; transmittal of notice. (b) Voluntary standard; publication as proposed rule; notice of reliance of Commission on standard. (c) Publication of proposed rule; preliminary regulatory analysis; contents; transmittal of notice. (d) Promulgation of rule; time. (e) Expression of risk of injury; consideration of available product data; needs of elderly and handicapped. (f) Findings; final regulatory analysis; judicial review of rule. (g) Effective date of rule or standard; stockpiling of product. (h) Amendment or revocation of rule. (i) Petition to initiate rulemaking. 2059. Repealed. 2060. Judicial review of consumer product safety rules. (a) Petition by persons adversely affected, consumers, or consumer organizations. (b) Additional data, views, or arguments. (c) Jurisdiction; costs and attorneys' fees; substantial evidence to support administrative findings. (d) Supreme Court review. (e) Other remedies. (f) Computation of reasonable fee for attorney. 2061. Imminent hazards. (a) Filing of action. (b) Relief; product condemnation and seizure. (c) Consumer product safety rule. (d) Jurisdiction and venue; process; subpena. (e) Employment of attorneys by Commission. (g) Cost-benefit analysis of compliance with relief ordered in action for judicial review of consumer product safety rule not required. 2062. Repealed. 2063. Product certification and labeling. (a) Certification accompanying product; products with more than one manufacturer. (b) Rules to establish reasonable testing programs. (c) Form and contents of labels. 2064. Substantial product hazards. (a) 'Substantial product hazard' defined. (b) Noncompliance with applicable consumer product safety rules; product defects; notice to Commission by manufacturer, distributor, or retailer. (c) Public notice of defect or failure to comply; mail notice. (d) Repair; replacement; refunds; action plan. (e) Reimbursement. (f) Hearing. (g) Preliminary injunction. (h) Cost-benefit analysis of notification or other action not required. 2065. Inspection and recordkeeping. 2066. Imported products. (a) Refusal of admission. (b) Samples. (c) Modification. (d) Supervision of modifications. (e) Product destruction. (f) Payment of expenses occasioned by refusal of admission. (g) Importation conditioned upon manufacturer's compliance. (h) Product surveillance program. 2067. Exemption of exports. (a) Risk of injury to consumers within United States. (b) Statement of exportation: filing period, information; notification of foreign country; petition for minimum filing period: good cause. 2068. Prohibited acts. (a) Designation. (b) Exception. 2069. Civil penalties. (a) Amount of penalty. (b) Relevant factors in determining amount of penalty. (c) Compromise of penalty; deductions from penalty. (d) 'Knowingly' defined. 2070. Criminal penalties. 2071. Injunctive enforcement and seizure. (a) Jurisdiction. (b) Products liable to proceeding. 2072. Suits for damages. (a) Persons injured; costs; amount in controversy. (b) Denial and imposition of costs. (c) Remedies available. 2073. Private enforcement. 2074. Private remedies. (a) Liability at common law or under State statute not relieved by compliance. (b) Evidence of Commission's inaction inadmissible in actions relating to consumer products. (c) Public information. 2075. State standards. (a) State compliance to Federal standards. (b) Consumer product safety requirements which impose performance standards more stringent than Federal standards. (c) Exemptions. 2076. Additional functions of Consumer Product Safety Commission. (a) Authority to conduct hearings or other inquiries. (b) Commission powers; orders. (c) Noncompliance with subpena or Commission order; contempt. (d) Disclosure of information. (e) Performance and technical data. (f) Purchase of consumer products by Commission. (g) Contract authority. (h) Research, development, and testing facilities. (i) Recordkeeping; audit. (j) Report to President and Congress. (k) Budget estimates and requests; legislative recommendations; testimony; comments on legislation. 2076a. Report on civil penalties. 2077. Chronic Hazard Advisory Panels. (a) Appointment; purposes. (b) Composition; membership. (c) Chairman and Vice Chairman; election; term. (d) Majority vote. (e) Administrative support services. (f) Compensation. (g) Requests for and disclosures of information. (h) Information from other Federal departments and agencies. 2078. Cooperation with States and other Federal agencies. (a) Programs to promote Federal-State cooperation. (b) Appropriateness of State and local programs. (c) Cooperation of Federal departments and agencies. (d) Utilization of National Institute of Standards and Technology. (e) Copies of accident or investigation reports to other agencies; conditions. 2079. Transfers of functions. (a) Hazardous substances and poisons. (b) Flammable fabrics. (c) Household refrigerators. (d) Regulation by Commission of consumer products in accordance with other provisions of law. (e) Transfer of personnel, property, records, etc.; continued application of orders, rules, etc. (f) 'Function' defined. 2080. Limitations on jurisdiction of Consumer Product Safety Commission. (a) Authority to regulate. (b) Certain notices of proposed rulemaking; duties of Chronic Hazard Advisory Panel. (c) Panel report; incorporation into advance notice and final rule. 2081. Authorization of appropriations. 2082. Interim cellulose insulation safety standard. (a) Applicability of specification of General Services Administration; authority and effect of interim standard; modifications; criteria; labeling requirements. (b) Scope of judicial review. (c) Enforcement; violations; promulgation of final standard; procedures applicable to promulgation; revision of interim standard; procedures applicable to revision. (d) Reporting requirements of other Federal departments, agencies, etc. of violations. (e) Reporting requirements of Commission to Congressional committees; contents, time of submission, etc. (f) Compliance with certification requirements; implementation; waiver; rules and regulations. (g) Authorization of appropriations. 2083. Congressional veto of consumer product safety rules. (a) Transmission to Congress. (b) Disapproval by concurrent resolution. (c) Presumptions from Congressional action or inaction. (d) Continuous session of Congress. 2084. Information reporting. (a) Notification of settlements or judgments. (b) Calculation of 24-month periods. (c) Information required to be reported. (d) Report not deemed an admission of liability. (e) Definitions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2055, 2219 of this title; title 42 section 300j-22. ------DocID 19685 Document 9 of 303------ -CITE- 16 USC Sec. 47 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47. Additional lands excluded from Yosemite National Park and added to Sierra National Forest -STATUTE- That portion of the Yosemite National Park lying between the boundary line described in section 46 of this title and the line next herein described is excluded from said park and the said portion so described added to and made a part of the Sierra National Forest, to wit: Beginning at the point on the line between sections 35 and 36, township 4 south, range 21 east, where same intersects the middle of the channel of the South Fork of the Merced River; thence north on section line to the southwest corner of section 25; thence west on section lines to the southwest corner of section 28; thence north on section line to the northwest corner of section 28; thence west on section line to the quarter-section corner between sections 20 and 29; thence north through the middle of section 20 to the center thereof; thence east through the middle of section 20 to the quarter-section corner between sections 20 and 21; thence north on section line to the quarter-section corner between sections 16 and 17; thence west through middle of section 17 to the center thereof; thence north through the middle of sections 17, 8, and 5 to the quarter-section corner of north boundary of section 5 on township boundary, all in township 4 south, range 21 east; thence north through the middle of section 32, township 3 south, range 21 east, to the center thereof; thence west through the middle of section 32, said township, and section 36, township 3 south, range 20 east, to the quarter-section corner between sections 35 and 36; thence north on section line to the quarter-section corner between sections 25 and 26; thence east through the middle of section 25 to the center thereof; thence north through the middle of sections 25 and 24 to the center of section 24; thence west through the middle of sections 24, 23, and 22 to the quarter-section corner between sections 21 and 22, township 3 south, range 20 east, on the present western boundary of the Yosemite National Park. The above-indicated portion of land so made a part of the Sierra National Forest shall be subject to all of the Acts of Congress with relation thereto. 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 sections concerning right-of-way over public lands. In the grant of any right-of-way for railway purposes across the lands placed under this measure within the Sierra National Forest it shall be stipulated that no logs or timber shall be hauled over the same without the consent of the Secretary of the Interior and under regulations to be promulgated by him. -SOURCE- (June 11, 1906, No. 27, Sec. 1, 34 Stat. 831; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.) -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 Section is derived from the second paragraph of section 1 of the Resolution of June 11, 1906. The second paragraph, aforesaid, originally began with the following words omitted here 'The south and west boundary lines of the Yosemite National Park are hereby changed as follows:' The first portion of this section before the colon was derived from a later portion of the original section reading as follows: 'And all that portion of the Yosemite National Park lying between the boundary line last above mentioned and the present boundary line of said national park is excluded from said park; and the said lands so excluded, and all thereof, are added to and made a part of the Sierra Forest Reserve, and shall hereafter form a part of said Sierra Forest Reserve, and shall be subject to all of the Acts of Congress with relation thereto:' The words of the first sentence of this section 'described in section 46 of this title' replace the words 'present boundary line' hereinbefore quoted. For the first paragraph of the Resolution of June 11, 1906, see section 48 of this title. '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. -CROSS- CROSS REFERENCES Permit or authorization for transmission lines, etc., within limits of national parks, see, also, section 797 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 49 of this title. ------DocID 19686 Document 10 of 303------ -CITE- 16 USC Sec. 47-1 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-1. Administrative site for Yosemite National Park -STATUTE- (a) Establishment of site To enable the Secretary of the Interior to preserve the extraordinary natural qualities of Yosemite National Park, notwithstanding its increasing use by the public, the Secretary is hereby authorized to provide in the manner hereinafter set forth an administrative site in the El Portal area adjacent to Yosemite National Park, in order that utilities, facilities, and services required in the operation and administration of Yosemite National Park may be located on such site outside the park. (b) Acquisition of land For said site the Secretary of the Interior is authorized to acquire by purchase or donation, or with donated funds, approximately twelve hundred acres, as shown on map numbered NP-YOS-7011, of non-Federal land, interests in land, and appurtenances thereto, and, to avoid severing parcels in private ownership which extend beyond the area so depicted, the Secretary of the Interior may acquire in their entirety such parcels of land or interests therein. (c) Transfers of jurisdiction The Secretaries of Agriculture and Interior are authorized to arrange and effect mutually satisfactory transfers of jurisdiction over land administered by each in the El Portal area. Land so transferred to the Secretary of the Interior shall thereupon be excluded from the national forest or forests involved and thereafter be administered by the Secretary of the Interior pursuant to this section as a part of said administrative site. Land transferred to the Secretary of Agriculture pursuant to this section shall thereupon become national forest land subject to all laws, rules, and regulations applicable to land acquired pursuant to the Week's law. (d) Pre-existing claim, location, or entry Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States, or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. (e) Status of acquired land Until further action by the Congress, the lands acquired by or transferred to the Secretary of the Interior hereunder shall not become a part of Yosemite National Park, nor be subject to the laws and regulations governing said park, but the Secretary of the Interior shall have supervision, management, and control of the area and shall make and publish such rules and regulations as he may deem necessary and proper for its use and management: Provided, That he may grant nonexclusive privileges, leases, and permits for the use of land in the area and enter into contracts relating to the same, subject to the limitations and conditions applying to the similar authority provided in section 3 of this title. (f) Availability of funds Funds now or hereafter appropriated or otherwise available for operating and capital programs in the areas administered by the National Park Service, including funds for acquisition of land and interests in land, are made available to acquire land, interests in land, and appurtenances thereto, within the administrative site, and to further the purpose of this section. -SOURCE- (Pub. L. 85-922, Sec. 1-6, Sept. 2, 1958, 72 Stat. 1772.) -REFTEXT- REFERENCES IN TEXT Week's law, referred to in subsec. (c), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, which is classified to sections 480, 500, 513 to 519, 521, 552 and 563 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. -COD- CODIFICATION Subsecs. (a) to (f) are based on sections 1 to 6, respectively, of Pub. L. 85-922. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 47-2 of this title. ------DocID 19687 Document 11 of 303------ -CITE- 16 USC Sec. 47-2 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-2. Leases for employee housing, community facilities, administrative offices, maintenance facilities, and commercial services at or on administrative site -STATUTE- In furtherance of the purposes of section 47-1 of this title, the Secretary of the Interior is authorized, notwithstanding any other provision of law, to lease lands within the El Portal administrative site for periods of not to exceed ninety-nine years to any individual, including an employee of the United States Government, to any operator of concession facilities in the park, or the administrative site, or its successor, or to any public or private corporation or organization (including a nonprofit corporation) for purposes of providing employee housing, community facilities, administrative offices, maintenance facilities, and commercial services. Such leases shall provide that if the lessee is a concessioner, corporation, or other organization (including a nonprofit corporation) such lessee may sublease the property to its employees, employees of the United States Government, or other individuals whose residence on the leased premises is solely in support of Yosemite National Park or the El Portal administrative site for terms not to exceed the remaining terms of such leases, and they shall be subject to such terms and conditions as the Secretary of the Interior may require to assure appropriate administration, protection, and development of the land for purposes incident to the provisions of facilities and services required in the operation and administration of the park: Provided, That the Secretary of the Interior shall grant such leases in consideration of payment to the United States of the fair rental value of the leased lands, as determined by him. -SOURCE- (Pub. L. 90-409, Sec. 1, July 21, 1968, 82 Stat. 393; Pub. L. 99-542, Sec. 1(1)-(3), Oct. 27, 1986, 100 Stat. 3037.) -COD- CODIFICATION Section formerly consisted of subsecs. (a) and (b) which were based on sections 1 and 2, respectively, of Pub. L. 90-409. Section 2 was renumbered section 3 of Pub. L. 90-409 and is classified to section 47-4 of this title. A new section 2 of Pub. L. 90-409 was added and is classified to section 47-3 of this title. -MISC3- AMENDMENTS 1986 - Pub. L. 99-542 substituted 'not to exceed ninety-nine years to any individual, including an employee of the United States Government, to any operator of concession facilities in the park, or the administrative site, or its successor, or to any public or private corporation or organization (including a nonprofit corporation) for purposes of providing employee housing, community facilities, administrative offices, maintenance facilities, and commercial services' for 'fifty-five years to any operator of concession facilities in the park, or its successor, for purposes of providing employee housing', substituted 'if the lessee is a concessioner, corporation, or other organization (including a nonprofit corporation) such lessee may sublease the property to its employees, employees of the United States Government, or other individuals whose residence on the leased premises is solely in support of Yosemite National Park or the El Portal administrative site' for 'the concessioner may sublease the property to its employees', struck out 'an annual' before 'payment' in proviso, and substituted a period for 'at the beginning of each calendar year' after 'him'. LIMITATION ON NEW SPENDING AUTHORITY Section 2 of Pub. L. 99-542 provided that: 'Any new spending authority (within the meaning of section 401 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 651)) which is provided under this Act (enacting sections 47-3 to 47-6 of this title and amending section 47-2 of this title) shall be effective for any fiscal year only to the extent or in such amounts as provided in appropriation Acts or to the extent that proceeds are available from any leases issued by the Secretary pursuant to the first section of this Act (probably means section 1 of Pub. L. 90-409, 16 U.S.C. 47-2).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-3, 47-4, 47-6 of this title. ------DocID 19688 Document 12 of 303------ -CITE- 16 USC Sec. 47-3 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-3. Use of proceeds; administration of leases -STATUTE- (a) Notwithstanding any other provision of law, the proceeds from any leases issued by the Secretary pursuant to section 47-2 of this title may be credited to the appropriation bearing the cost of administering (directly or by contract) the leases and of constructing, improving, and maintaining roads, utilities, buildings, and other facilities within the El Portal administrative site. In the administration of the leases, the Secretary may contract for the management of the leases and of the leased premises, subject to such terms and conditions, including the right of the Secretary to purchase and sell the unexpired terms of leases and subleases, as will protect the interests of the United States. The Secretary may also contract for the use by him of any improvements to leased property for purposes of the El Portal administrative site or for purposes of Yosemite National Park, and he may use the proceeds from any leases for the purpose of making payments under any such contract. (b) The Secretary may at any time acquire the unexpired term of any lease or sublease issued or entered into pursuant to sections 47-2 to 47-6 of this title by purchase with funds available from the proceeds of leases, or with donated or appropriated funds, or by donation or exchange. -SOURCE- (Pub. L. 90-409, Sec. 2, as added Pub. L. 99-542, Sec. 1(4), Oct. 27, 1986, 100 Stat. 3037.) -MISC1- PRIOR PROVISIONS A prior section 2 of Pub. L. 90-409, which was classified to section 47-2(b) of this title, was renumbered section 3 of Pub. L. 90-409, and is classified to section 47-4 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-4, 47-6 of this title. ------DocID 19689 Document 13 of 303------ -CITE- 16 USC Sec. 47-4 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-4. Agreements to effectuate leases -STATUTE- The Secretary of the Interior may enter into agreements with other Federal agencies and with any concessioner or its successor in order to effectuate the purposes of sections 47-2 to 47-6 of this title. -SOURCE- (Pub. L. 90-409, Sec. 3, formerly Sec. 2, July 21, 1968, 82 Stat. 393; renumbered Sec. 3, Pub. L. 99-542, Sec. 1(4), Oct. 27, 1986, 100 Stat. 3037.) -COD- CODIFICATION Section was classified to section 47-2(b) of this title prior to renumbering by Pub. L. 99-542. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-3, 47-6 of this title. ------DocID 19690 Document 14 of 303------ -CITE- 16 USC Sec. 47-5 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-5. Regulations -STATUTE- After October 27, 1986, no lease may be issued for the purpose of providing housing or other facilities in the El Portal administrative site except in accordance with regulations promulgated by the Secretary of the Interior. Such regulations shall establish the qualifications of natural persons and corporations who may be eligible to acquire a lease and a sublease, the process to be used in establishing fees for such leases and subleases, and they shall set forth the circumstances under which the Secretary may elect to acquire any unexpired lease or sublease. Such regulations shall become effective only after sixty calendar days from the day on which they have been submitted to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. -SOURCE- (Pub. L. 90-409, Sec. 4, as added Pub. L. 99-542, Sec. 1(5), Oct. 27, 1986, 100 Stat. 3038.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-3, 47-4, 47-6 of this title. ------DocID 19691 Document 15 of 303------ -CITE- 16 USC Sec. 47-6 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 47-6. Conflicts of interest prohibited -STATUTE- In carrying out the provisions of sections 47-2 to 47-6 of this title, the Secretary shall take care that there be no opportunity for any personal influence by an employee of the Department of the Interior upon the availability of housing for other such employees or employees of persons in a contractual relationship with the Department. In the selection of lessees and sublessees, the issuance of leases and subleases, the establishment or (FOOTNOTE 1) rental values, and the acquisition of any unexpired term of any lease or sublease, the Secretary shall act through an agent or agents appointed by the Secretary from among associations, corporations, or natural persons having no material, financial, legal, or equitable interest in the action proposed, other than a reasonable fee for their services. (FOOTNOTE 1) So in original. Probably should be 'of'. -SOURCE- (Pub. L. 90-409, Sec. 5, as added Pub. L. 99-542, Sec. 1(5), Oct. 27, 1986, 100 Stat. 3038.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47-3, 47-4 of this title. ------DocID 21429 Document 16 of 303------ -CITE- 16 USC Sec. 460uu-47 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-47. Access -STATUTE- (a) Nonexclusive access by Indians for cultural and religious purposes In recognition of the past use of portions of the monument and the conservation area by Indian people for traditional cultural and religious purposes, the Secretary shall assure nonexclusive access to the monument and the conservation area by Indian people for traditional cultural and religious purposes, including the harvesting of pine nuts. Such access shall be consistent with the purpose and intent of the American Indian Religious Freedom Act of August 11, 1978 (42 U.S.C. 1996), and (with respect to areas designated as wilderness) the Wilderness Act (78 Stat. 890) (16 U.S.C. 1131 et seq.). (b) Recommendations from Indian leaders regarding access and protection of cultural and religious sites In preparing the plans for the monument and the conservation area pursuant to section 460uu-41 of this title, the Secretary shall request that the Governor of the Pueblo of Acoma and the chief executive officers of other appropriate Indian tribes make recommendations on methods of - (1) assuring access pursuant to subsection (a) of this section; (2) enhancing the privacy of traditional cultural and religious activities in the monument and the conservation area; and (3) protecting traditional cultural and religious sites in the monument and the conservation area. (c) Temporary closure to public of lands for protection of religious activities In order to implement this section and in furtherance of the American Indian Religious Freedom Act (42 U.S.C. 1996), the Secretary, upon the request of an appropriate Indian tribe, may from time to time temporarily close to general public use one or more specific portions of the monument or the conservation area in order to protect the privacy of religious activities in such areas by Indian people. Any such closure shall be made so as to affect the smallest practicable area for the minimum period necessary for such purposes. Not later than seven days after the initiation of any such closure, the Secretary shall provide written notification of such action to the Energy and Natural Resources Committee of the United States Senate and the Interior and Insular Affairs Committee of the House of Representatives. (d) Advisory committee; membership The Secretary is authorized to establish an advisory committee to advise the Secretary concerning the implementation of this section. Any such advisory committee shall include representatives of the Pueblo of Acoma, the Pueblo of Zuni, other appropriate Indian tribes and other persons or groups interested in the implementation of this section. -SOURCE- (Pub. L. 100-225, title V, Sec. 507, Dec. 31, 1987, 101 Stat. 1548.) -REFTEXT- REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (a), is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (Sec. 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. -MISC2- TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 23254 Document 17 of 303------ -CITE- 16 USC CHAPTER 47 -EXPCITE- TITLE 16 CHAPTER 47 -HEAD- CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS -MISC1- Sec. 2701. Establishment of program. 2702. Loans for feasibility studies. (a) Loan authority. (b) Cancellation. 2703. Loans for project costs. (a) Authority. (b) Preference. (c) Information. (d) Joint participation. 2704. Loan rates and repayment. (a) Interest. (b) Repayments. 2705. Simplified and expeditious licensing procedures. (a) Establishment of program. (b) Prerequisites. (c) Fish and wildlife facilities. (d) Exemptions from licensing requirements in certain cases. 2706. New impoundments. 2707. Authorizations. 2708. Definitions. ------DocID 23818 Document 18 of 303------ -CITE- 18 USC Sec. 47 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- Sec. 47. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes -STATUTE- (a) Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges shall be fined not more than $500, or imprisoned not more than six months, or both. (b) Whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, or maiming any of the animals referred to in subsection (a) of this section shall be fined not more than $500, or imprisoned not more than six months, or both. (c) As used in subsection (a) of this section - (1) The term 'aircraft' means any contrivance used for flight in the air; and (2) The term 'motor vehicle' includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land. -SOURCE- (Added Pub. L. 86-234, Sec. 1(a), Sept. 8, 1959, 73 Stat. 470.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1338a. ------DocID 24143 Document 19 of 303------ -CITE- 18 USC CHAPTER 47 -EXPCITE- TITLE 18 PART I CHAPTER 47 -HEAD- CHAPTER 47 - FRAUD AND FALSE STATEMENTS -MISC1- Sec. 1001. Statements or entries generally. 1002. Possession of false papers to defraud United States. 1003. Demands against the United States. 1004. Certification of checks. 1005. Bank entries, reports and transactions. 1006. Federal credit institution entries, reports and transactions. 1007. Federal Deposit Insurance Corporation transactions. (1008, 1009. Repealed). 1010. Department of Housing and Urban Development and Federal Housing Administration transactions. 1011. Federal land bank mortgage transactions. 1012. Department of Housing and Urban Development transactions. 1013. Farm loan bonds and credit bank debentures. 1014. Loan and credit applications generally; renewals and discounts; crop insurance. 1015. Naturalization, citizenship or alien registry. 1016. Acknowledgment of appearance or oath. 1017. Government seals wrongfully used and instruments wrongfully sealed. 1018. Official certificates or writings. 1019. Certificates by consular officers. 1020. Highway projects. 1021. Title records. 1022. Delivery of certificate, voucher, receipt for military or naval property. 1023. Insufficient delivery of money or property for military or naval service. 1024. Purchase or receipt of military, naval, or veterans' facilities property. 1025. False pretenses on high seas and other waters. 1026. Compromise, adjustment, or cancellation of farm indebtedness. 1027. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974. 1028. Fraud and related activity in connection with identification documents. 1029. Fraud and related activity in connection with access devices. 1030. Fraud and related activity in connection with computers. 1031. Major fraud against the United States. 1032. Concealment of assets from conservator, receiver, or liquidating agent of financial institution. AMENDMENTS 1990 - Pub. L. 101-647, title XXV, Sec. 2501(b), title XXXV, Sec. 3532, Nov. 29, 1990, 104 Stat. 4860, 4925, inserted a period after '1031' and added item 1032. 1989 - Pub. L. 101-73, title IX, Sec. 961(g)(2), 962(a)(4), Aug. 9, 1989, 103 Stat. 500, 502, struck out item 1008 'Federal Savings and Loan Insurance Corporation transactions' and item 1009 'Rumors regarding Federal Savings and Loan Insurance Corporation'. 1988 - Pub. L. 100-700, Sec. 2(c), Nov. 19, 1988, 102 Stat. 4632, added item 1031. 1984 - Pub. L. 98-473, title II, Sec. 1602(b), 2102(b), Oct. 12, 1984, 98 Stat. 2184, 2192, added items 1029 and 1030. 1982 - Pub. L. 97-398, Sec. 3, Dec. 31, 1982, 96 Stat. 2010, added item 1028. 1974 - Pub. L. 93-406, title I, Sec. 111(a)(2)(B)(iii), Sept. 2, 1974, 88 Stat. 852, substituted 'Employee Retirement Income Security Act of 1974' for 'Welfare and Pension Plans Disclosure Act' in item 1027. 1967 - Pub. L. 90-19, Sec. 24(e), May 25, 1967, 81 Stat. 28, included 'Department of Housing and Urban Development' in item 1010, and substituted the same for 'Public Housing Administration' in item 1012. 1962 - Pub. L. 87-420, Sec. 17(d), Mar. 20, 1962, 76 Stat. 42, added item 1027. 1951 - Act Oct. 31, 1951, ch. 655, Sec. 25, 65 Stat. 720, substituted 'Public Housing Administration' for 'United States Housing Authority' in item 1012. 1949 - Act May 24, 1949, ch. 139, Sec. 18, 19, 63 Stat. 92, corrected spelling in item 1012 and substituted 'officers' for 'offices' in item 1019. -CROSS- CROSS REFERENCES Alien registration, fraud and false statements, see section 1306 of Title 8, Aliens and Nationality. Carriers' reports to Interstate Commerce Commission, false entries, see section 11909 of Title 49, Transportation. China Trade, false or fraudulent statements prohibited, see section 158 of Title 15, Commerce and Trade. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 7 section 12a; title 15 sections 78o, 80b-3; title 29 section 1031. ------DocID 25138 Document 20 of 303------ -CITE- 18 USC Rule 47 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 47. Motions -STATUTE- An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by affidavit. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES 1. This rule is substantially the same as the corresponding civil rule (first sentence of Rule 7(b)(1), Federal Rules of Civil Procedure) (28 U.S.C., Appendix), except that it authorizes the court to permit motions to be made orally and does not require that the grounds upon which a motion is made shall be stated 'with particularity,' as is the case with the civil rule. 2. This rule is intended to state general requirements for all motions. For particular provisions applying to specific motions, see Rules 6(b)(2), 12, 14, 15, 16, 17(b) and (c), 21, 22, 29 and Rule 41(e). See also Rule 49. 3. The last sentence providing that a motion may be supported by affidavit is not intended to permit 'speaking motions' (e.g. motion to dismiss an indictment for insufficiency supported by affidavits), but to authorize the use of affidavits when affidavits are appropriate to establish a fact (e.g. authority to take a deposition or former jeopardy). -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Affidavits on motions, see rules 6 and 43, Title 28, Appendix, Judiciary and Judicial Procedure. Motion day, see rule 78. Notice of motion, see rules 6 and 7. CROSS REFERENCES Motion for order - Arrest of judgment, see rule 34. Consolidation of indictments and informations, see rule 13. Correct or reduce sentence, see rule 35. Dismiss, see rules 6, 12, and 48. Enforcement of surety liability, see rule 46. Enlargement of time, see rule 45. Inspect and copy seized evidence, see rule 16. New trial, see rule 33. Notice of hearing, see rule 45. Quash or modify subpoena, see rule 17. Return of property and suppress evidence, see rule 41. Separate trial, see rule 14. Severance, see rule 14. Transfer of proceedings from district or division for trial, see rule 21. Time for - Making motion raising defenses and objections before trial, see rule 12. Motion to transfer proceedings, see rule 22. ------DocID 25179 Document 21 of 303------ -CITE- 19 USC Sec. 46, 47 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 46, 47. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat. 1349 -MISC1- Sections, R.S. Sec. 2644 and 2645, respectively, related to rendition of monthly and quarterly estimates and accounts of certain collectors. ------DocID 26097 Document 22 of 303------ -CITE- 20 USC Sec. 47 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 47. Acting Secretary -STATUTE- The chancellor of the Smithsonian Institution may, by an instrument in writing filed in the office of the Secretary thereof, designate and appoint a suitable person to act as Secretary of the Institution when there shall be a vacancy in said office, and whenever the Secretary shall be unable from illness, absence, or other cause to perform the duties of his office; and in such case the person so appointed may perform all the duties imposed on the Secretary by law until the vacancy shall be filled or such inability shall cease. The said chancellor may change such designation and appointment from time to time as the interests of the Institution may in his judgment require. -SOURCE- (May 13, 1884, ch. 44, 23 Stat. 21.) -MISC1- PRIOR PROVISIONS Act May 13, 1884 is derived from act Jan. 24, 1879, ch. 21, 20 Stat. 264. ------DocID 27488 Document 23 of 303------ -CITE- 20 USC CHAPTER 47 -EXPCITE- TITLE 20 CHAPTER 47 -HEAD- CHAPTER 47 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS -MISC1- SUBCHAPTER I - BASIC PROGRAMS DIVISION 1 - FINANCIAL ASSISTANCE TO MEET SPECIAL EDUCATIONAL NEEDS OF CHILDREN Sec. 2701. Declaration of policy and statement of purpose. (a) Declaration of policy. (b) Statement of purpose. PART A - BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES SUBPART 1 - ALLOCATIONS 2711. Basic grants. (a) Amount of grants. (b) Minimum number of children to qualify. (c) Children to be counted. (d) Program for Indian children. (e) State minimum. (g) Duration of assistance. 2712. Grants for local educational agencies in counties with especially high concentrations of children from low-income families. (a) Eligibility for and amount of special grants. (b) Payments; use of funds. (c) Reservation of funds. (d) Ratable reduction rule. 2713. Authorization of appropriations; assistance of otherwise lower fiscal year allotment levels. SUBPART 2 - BASIC PROGRAM REQUIREMENTS 2721. Uses of funds. (a) Program description. (b) Innovation projects. 2722. Assurances and applications. (a) State educational agency assurances. (b) Local applications. (c) Local assurances. 2723. Eligible schools. (a) General provisions. (b) Local educational agency discretion. (c) Allocations. 2724. Eligible children. (a) General provisions. (b) Assessment of educational need. (c) Local educational agency discretion. (d) Special rules. 2725. Schoolwide projects. (a) Use of funds for schoolwide projects. (b) Designation of schools. (c) Approval of plan; operation of project. (d) Use of funds. (e) Accountability. 2726. Parental involvement. (a) Findings; general requirement. (b) Goals of parental involvement. (c) Mechanisms for parental involvement. (d) Coordination with Adult Education Act. (e) Accessibility requirement. 2727. Participation of children enrolled in private schools. (a) General requirements. (b) Bypass provision. (c) Prior determination. (d) Capital expenses. 2728. Fiscal requirements. (a) Maintenance of effort. (b) Federal funds to supplement, not supplant regular non-Federal funds. (c) Comparability of services. (d) Exclusion of special State and local program funds. 2729. Evaluations. (a) Local evaluation. (b) State evaluations. (c) Special condition. 2730. State educational program improvement plan. (a) Plan requirements. (b) Dissemination and availability of plan. (c) Availability of funds. 2731. Program improvement. (a) Local review. (b) School program improvement. (c) Discretionary assistance. (d) State assistance to local educational agencies. (e) Local conditions. (f) Student program improvement. (g) Program improvement assistance. (h) Further action. (i) Mutual agreement. PART B - EVEN START PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES 2741. Statement of purpose. 2742. Program authorization. (a) Grants by the Secretary. (b) State grant program. (c) 'State' defined. 2743. Allocation. (a) Reservation for migrant programs. (b) State allocation. (c) State minimum. 2744. Uses of funds. (a) In general. (b) Program elements. (c) Federal share limitation. 2745. Eligible participants. 2746. Applications. (a) Submission. (b) Required documentation. (c) Plan. 2747. Award of grants. (a) Selection process. (b) Review panel. (c) Equitable distribution of assistance. (d) Duration. 2748. Evaluation. (a) Independent annual evaluation. (b) Criteria. (c) Report to Congress and dissemination. 2749. Authorization of appropriations. PART C - SECONDARY SCHOOL PROGRAMS FOR BASIC SKILLS IMPROVEMENT AND DROPOUT PREVENTION AND REENTRY 2761. Purpose. 2762. Allocation. (a) Reservations. (b) State allocation. (c) State minimum. (d) Local educational agency allocation. (e) State administration. 2763. Uses of funds. (a) General rule. (b) Basic skills for secondary schools. (c) Uses of funds for school dropout prevention and reentry projects. (d) Within-State allocation. 2764. Applications. (a) Application required. (b) Contents of application. (c) Special rule. (d) Time for submission of applications. 2765. Award of grants. (a) General authority. (b) Priorities for grants to community-based organizations. 2765a. Reports; development of information base. (a) Reports to States. (b) Reports to Secretary. (c) Development of information base. 2765b. Coordination and dissemination. (a) Grants to regional laboratories. (b) Activities of National Diffusion Network. 2766. Fiscal requirements and coordination provisions. (a) General rule. (b) Special rule. 2867. Evaluation. 2767a. Definition of secondary school completion rate. 2768. Authorization of appropriations. PART D - PROGRAMS OPERATED BY STATE AGENCIES SUBPART 1 - PROGRAMS FOR MIGRATORY CHILDREN 2781. Grants - Entitlement and amount. (a) Entitlement. (b) Amount of grant. 2782. Program requirements. (a) Requirements for approval of application. (b) Continuation of migrant status. (c) Definitions. (d) Bypass provision. 2783. Coordination of migrant education activities. (a) Activities authorized. (b) Availability of funds. SUBPART 2 - PROGRAMS FOR HANDICAPPED CHILDREN 2791. Amount and eligibility. (a) Eligibility for grant. (b) State educational agency application. (c) Amount of grant. (d) Counting of children transferring from State to local programs. (e) Special requirement. 2792. Program requirements. (a) General requirements. (b) Services. (c) Demonstration of benefit. 2793. Uses of funds. (a) General rule. (b) Prohibition. 2794. Service and program applications. (a) Application required. (b) Requirements. (c) Application assurances. (d) Letter of request. 2795. Eligible children. 2796. Federal monitoring requirement. SUBPART 3 - PROGRAMS FOR NEGLECTED AND DELINQUENT CHILDREN 2801. Amount and entitlement. (a) Entitlement to grants. (b) Amount of grant. 2802. Program requirements. (a) Use of payments. (b) Compliance. (c) Three-year projects. (d) Evaluation. 2803. Transition services. (a) Transition services. (b) Conduct of projects. (c) Limitation. 2804. Definitions. SUBPART 4 - GENERAL PROVISIONS FOR STATE OPERATED PROGRAMS 2811. Reservation of funds for territories. 2812. Dual eligibility for programs. PART E - PAYMENTS 2821. Payment methods. 2822. Amount of payments to local educational agencies. 2823. Adjustments where necessitated by appropriations. (a) Adjustment allocation. (b) Additional funds allocation. 2824. Payments for State administration. (a) In general. (b) Limitation on indirect costs. 2825. Funds for implementation of school improvement programs. (a) General authority. (b) Limitations. 2826. Limitation on grant to the Commonwealth of Puerto Rico. PART F - GENERAL PROVISIONS SUBPART 1 - FEDERAL ADMINISTRATION 2831. Federal regulations. (a) In general. (b) Procedure. (c) Special rule. (d) Limitation. 2832. Availability of appropriations. (a) General provision. (b) Carryover and waiver. 2833. Withholding of payments. (a) Withholding. (b) Notice to public. 2834. Judicial review. (a) Filing appeals. (b) Basis of review. (c) Judicial appeals. 2835. Evaluation. (a) National standards. (b) Reports. 2836. Coordination of Federal, State, and local administration. (a) Policy manual. (b) Contents of policy manual. (c) Response to inquiries. (d) Technical assistance. (e) Federal dissemination of exemplary programs. (f) Federal review of State and local administration. 2837. Authorization of appropriations for evaluation and technical assistance. 2838. Application of General Education Provisions Act. (a) General rule. (b) Supersession rule. (c) Exclusion rule. 2839. National Commission on Migrant Education. (a) Establishment. (b) Membership. (c) Study. (d) Reports. (e) Special study on Migrant Student Records Transfer System. (f) Compensation. (f) Staff. (g) Administration. (h) Termination. (i) Authorization of appropriations. SUBPART 2 - STATE ADMINISTRATION 2851. State regulations. (a) In general. (b) Review by committee of practitioners. (c) Identification as State requirement. 2852. Records and information. 2853. Assignment of personnel. (a) Limitations. (b) Use in State programs. 2854. Prohibition regarding State aid. SUBPART 3 - RURAL EDUCATIONAL OPPORTUNITIES 2861. Program authorized. (a) General authority. (b) Functions of regional rural assistance programs. 2862. Application priority requirements. 2863. Coordination, dissemination, and report. (a) Coordination. (b) Dissemination and report. 2864. Authorization of appropriations. SUBPART 4 - STUDIES 2881. Report on State and local evaluations. 2882. National study on effect of programs on children. (a) National longitudinal study. (b) Follow-up. (c) Report. 2883. Authorization of appropriations. SUBPART 5 - DEFINITIONS 2891. Definitions. SUBPART 6 - MISCELLANEOUS PROVISIONS 2901. Transition provisions. (a) Regulations. (b) Effect on pending proceedings. (c) Transition. DIVISION 2 - FEDERAL, STATE, AND LOCAL PARTNERSHIP FOR EDUCATIONAL IMPROVEMENT 2911. Findings and statement of purpose. (a) Findings. (b) Statement of purpose. (c) State and local responsibility. 2912. Authorization of appropriations; duration of assistance. (a) Authorization. (b) Duration of assistance. PART A - STATE AND LOCAL PROGRAMS SUBPART 1 - GENERAL PROVISIONS 2921. Allotment to States. (a) Reservations. (b) Allotment. (c) Definitions. 2922. Allocation to local educational agencies. (a) Distribution rule. (b) Calculation of enrollments. (c) Payment of allocations. SUBPART 2 - STATE PROGRAMS 2931. State uses of funds. (a) Authorized activities. (b) Limitations and requirements. 2932. State applications. (a) Application requirements. (b) Period of application. (c) Audit rule. SUBPART 3 - LOCAL TARGETED ASSISTANCE PROGRAMS 2941. Targeted use of funds. (a) General rule. (b) Targeted assistance. 2942. Authorized activities. (a) In general. (b) Administrative authority. 2943. Local applications. (a) Contents of application. (b) Period of application. (c) Local educational agency discretion. SUBPART 4 - EFFECTIVE SCHOOLS PROGRAMS 2951. Establishment. 2952. Effective schools. PART B - NATIONAL PROGRAMS AND ACTIVITIES 2961. General authority. (a) Authorization. (b) Priority funding. 2962. National Diffusion Network activities. (a) Purposes. (b) Responsibilities of Secretary. (c) Eligible recipients of grants and contracts. (d) Funding criteria. 2963. Inexpensive book distribution program for reading motivation. (a) Authorization. (b) Requirements of contract. (c) Restriction on payments. (d) 'Federal share' defined. 2964. Arts in Education program. 2965. Law-related education program. (a) Authorization. (b) 'Law-related education' defined. (c) Authorized activities. 2966. Blue Ribbon Schools program. (a) General authority. (b) Selection process. (c) Administrative provisions. PART C - GENERAL ADMINISTRATIVE PROVISIONS 2971. Maintenance of effort; Federal funds supplementary. (a) Maintenance of effort. (b) Federal funds supplementary. 2972. Participation of children enrolled in private schools. (a) Participation on equitable basis. (b) Equal expenditures. (c) Funds. (d) State prohibition waiver. (e) Waiver and provision of services. (f) Determination. (g) Payment from State allotment. (h) Review. (i) Prior determination. 2973. Evaluations and reporting. (a) Local educational agencies. (b) State educational agencies. (c) Reports. 2974. Federal administration. (a) Technical assistance. (b) Rulemaking. (c) Availability of appropriations. (d) Special rule. 2975. Application of General Education Provisions Act. (a) General rule. (b) Applicability. (c) Special rule. 2976. Transition provisions. (a) Regulations. (b) Effect on pending proceedings. (c) Transition. SUBCHAPTER II - CRITICAL SKILLS IMPROVEMENT PART A - DWIGHT D. EISENHOWER MATHEMATICS AND SCIENCE EDUCATION ACT 2981. Short title. 2982. Statement of purpose. SUBPART 1 - STATE GRANTS AND NATIONAL PROGRAMS 2983. Program authorized. (a) Grants. (b) Authorization of appropriations. 2984. Allocation of funds. (a) In general. (b) Reallotment of unused funds. 2985. In-State apportionment. (a) Elementary and secondary education programs. (b) Higher education programs. (c) Limitation. 2986. Elementary and secondary education programs. (a) In general. (b) Local educational agencies. (c) Demonstration and exemplary programs. (d) Priority for teacher training. (e) Technical assistance and administrative costs. 2987. Higher education programs. (a) In general. (b) Grants to institutions of higher education. (c) Cooperative programs. (d) Assessment and administrative costs. 2988. State application. (a) Application. (b) Contents of application. (c) Informational requirements. (d) Description of assisted activities. (e) Approval. 2989. Local application. (a) Application. (b) Contents of application. (c) Renewal of payments. 2990. Participation of children and teachers from private schools. (a) Participation of private school students. (b) Participation of private school teachers. (c) Waiver. 2991. Federal administration. (a) Technical assistance and evaluation procedures. (b) Summary. (c) Model reporting standards. 2992. National programs. (a) Amount available. (b) Eligible grantees. (c) Programs for training and retraining teachers. (d) National clearinghouse for science, mathematics, and technology education materials. (e) Model programs for instruction and training in use of computers. (f) Dissemination of information. 2993. Transferred. SUBPART 2 - REGIONAL MATHEMATICS AND SCIENCE EDUCATION CONSORTIUMS 2994. Program established. (a) In general. (b) Grant term and review. (c) Amount. 2994a. Use of funds. 2994b. Application and review. (a) In general. (b) Approval of application. 2994c. Regional boards. (a) In general. (b) Prohibition on use of Federal funds. 2994d. Payments; Federal share; non-Federal share. (a) Payments. (b) Federal share. (c) Non-Federal share. 2994e. Evaluation. (a) Evaluation required. (b) Assessment. (c) Report. 2994f. Definitions. 2994g. Authorization of appropriations. SUBPART 3 - GENERAL PROVISIONS 2996. Definitions. PART B - FOREIGN LANGUAGES ASSISTANCE 3001. Short title. 3002. Findings. 3003. Program authorized. (a) General authority. (b) Application. (c) Federal share. (d) Participation of private schools. 3004. Allotments. (a) General rule. (b) Availability of funds. 3005. Definitions. (a) General rule. (b) Special rule. 3006. Authorization of appropriations. PART C - PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE IN FOREIGN LANGUAGES 3011. Presidential awards. (a) General authority. (b) Limitations. 3012. Administrative provisions. (a) In general. (b) Availability. SUBCHAPTER III - MAGNET SCHOOLS ASSISTANCE 3021. Authorization of appropriations; reservation. (a) Authorization. (b) Availability of funds for grants to agencies not previously assisted. 3022. Eligibility. 3023. Statement of purpose. 3024. Program authorized. 3025. 'Magnet school' defined. 3026. Uses of funds. 3027. Applications and requirements. (a) Application. (b) Requirements certified. (c) Special rule. 3028. Special consideration. (a) Priority. (b) Special consideration. 3029. Prohibitions. 3030. Limitation on payments. (a) Limitation on duration and progress. (b) Limitation on planning funds. (c) Special rule on division 2 funds. 3031. Payments. (a) General rule. (b) Award requirement. 3032. Withholding. SUBCHAPTER IV - SPECIAL PROGRAMS PART A - WOMEN'S EDUCATIONAL EQUITY 3041. Short title; findings and statement of purpose. (a) Short title. (b) Findings and statement of purpose. 3042. Program authorized. (a) Authorization. (b) Limitation. 3043. Application; participation. (a) Application. (b) Special rule. (c) Limitation. 3044. Challenge grants. (a) Purpose. (b) Grant recipients. 3045. Criteria and priorities. 3046. Reports, evaluation, and dissemination. (a) Reports. (b) Evaluation and dissemination. 3047. Authorization of appropriations. PART B - GIFTED AND TALENTED CHILDREN 3061. Short title. 3062. Findings and purposes. (a) Findings. (b) Statement of purpose. 3063. Definitions. 3064. Authorized programs. (a) Establishment of program. (b) Uses of funds. (c) Establishment of National Center. (d) Limitation. 3065. Program priorities. (a) General priority. (b) Service priority. 3066. Participation of private school children and teachers. 3067. Administration. 3068. Authorization of appropriations. PART C - ALLEN J. ELLENDER FELLOWSHIP PROGRAM 3081. Findings. SUBPART 1 - PROGRAM FOR SECONDARY SCHOOL STUDENTS AND TEACHERS 3091. Establishment. (a) General authority. (b) Use of funds. 3092. Applications. (a) Application required. (b) Contents of application. SUBPART 2 - PROGRAMS FOR OLDER AMERICANS AND RECENT IMMIGRANTS 3101. Establishment. (a) General authority. (b) Use of funds. 3102. Applications. (a) Application required. (b) Contents of application. SUBPART 3 - GENERAL PROVISIONS 3111. Administrative provisions. (a) General rule. (b) Audit rule. 3112. Authorization of appropriations. (a) Authorization for subpart 1. (b) Authorization for subpart 2. PART D - IMMIGRANT EDUCATION 3121. Short title. 3122. Definitions. 3123. Authorizations and allocation of appropriations. (a) Authorizations of appropriations. (b) Allocation of appropriations. 3124. State administrative costs. 3125. Withholding. 3126. State entitlements. (a) Payments. (b) Entitlements. (c) Determinations of number of children. (d) Reallocation. 3127. Uses of funds. (a) Supplementary educational services and costs. (b) Kinds of services and costs. 3128. Applications. (a) Submission. (b) Approval of application. 3129. Payments. (a) Amount. (b) Services to children enrolled in nonpublic schools. 3130. Reports. (a) Biennial report. (b) Report to Congress. PART E - TERRITORIAL ASSISTANCE 3141. General assistance for the Virgin Islands. 3142. Territorial teacher training assistance. PART F - SECRETARY'S FUND FOR INNOVATION IN EDUCATION 3151. Program authorized. (a) General authority. (b) Administrative authority. 3152. Optional tests for academic excellence. (a) Test of academic excellence authorized. (b) Preparation and conduct of tests. (c) Certificate. (d) Report. 3153. Technology education. (a) General authority. (b) Uses of funds. (c) 'Telecommunications' defined. 3154. Programs for computer-based instruction. (a) General authority. (b) Uses of funds. (c) Special rule. (d) Planning requirement. 3155. Programs for the improvement of comprehensive school health education. (a) General authority. (b) Uses of funds. (c) Office of comprehensive school health education. 3156. Alternative curriculum schools. (a) Statement of purpose. (b) Eligibility. (c) Uses of funds. (d) Applications. (e) Unused amounts. (f) Special evidentiary rule. 3156-1. Innovative alcohol abuse education programs. (a) Programs for children of alcoholics. (b) Training programs for educators. 3156a. National Geography Studies Centers. (a) Program authorized. (b) Requirements of contract. (c) Establishment of Centers. (d) Functions of Centers. (e) Federal share. 3157. Authorization of appropriations. SUBCHAPTER V - DRUG EDUCATION 3171. Short title. 3172. Findings. 3173. Purpose. PART A - FINANCIAL ASSISTANCE FOR DRUG ABUSE EDUCATION AND PREVENTION PROGRAMS 3181. Authorization of appropriations. (a) In general. (b) Availability. 3182. Reservations and State allotments. (a) Reservations. (b) State allotments. (c) Distribution of appropriations. (d) 'State' defined. PART B - STATE AND LOCAL PROGRAMS 3191. Use of allotments by States. (a) State program. (b) Within State distribution; administrative costs. (c) Use of additional amounts. 3192. State programs. (a) In general. (b) Innovative programs. (c) Limitation on use of funds. (d) Drug testing programs. (c) Drug abuse resistance education programs. (d) Replication of successful drug education programs. (e) Eligibility. (f) Application. 3193. State applications. (a) In general. (b) Contents of applications. 3194. Responsibilities of State educational agencies. (a) Grants to local and intermediate educational agencies. (b) State programs. 3195. Local drug abuse education and prevention programs. (a) In general. (b) Eligibility. 3196. Local applications. (a) In general. (b) Progress reports. 3197. Reports. (a) State reports. (b) Local reports. PART C - TRAINING OF TEACHERS, COUNSELORS, AND SCHOOL PERSONNEL 3201. Grants for training of teachers. (a) In general. (b) Use of funds. 3202. Grants for training of counselors. (a) In general. (b) Use of funds. 3203. Applications. (a) In general. (b) Contents. PART D - NATIONAL PROGRAMS 3211. Grants to institutions of higher education. (a) In general. (b) Grants for model demonstration programs. (c) Grants for programs of drug abuse education and prevention. 3212. Federal activities. (a) Use of reserved funds. (b) Federal drug abuse education and prevention activities. (c) Studies. 3213. Programs for Indian youth. (a) Use of reserved funds. (b) Financial arrangements. (c) Grant and contract authority. (d) Additional programs. 3214. Programs for Hawaiian natives. (a) General authority. (b) 'Hawaiian native' defined. 3215. Regional centers. 3216. Emergency grants. (a) Program authorized. (b) Eligible agencies. (c) Amount of grants. (d) Fiscal year 1990. 3217. Drug-free school zones demonstration program. (a) Establishment of demonstration program for drug-free school zones. (b) Evaluations. (c) Authorization of appropriations. PART E - GENERAL PROVISIONS 3221. Definitions. (a) General rule. (b) Specific definitions. 3222. Functions of Secretary of Education. (a) Administration. (b) Model criteria and forms. (c) Applicability of General Education Provisions Act. 3223. Participation of children and teachers from private nonprofit schools. (a) Participation of private school children. (b) Participation of private school teachers. (c) Provision of services by Secretary and State educational agencies. 3224. Materials. 3224a. Certification of drug and alcohol abuse prevention programs. (a) In general. (b) Dissemination of information. (c) Certification to Secretary. (d) Regulations. (e) Procedures applicable upon termination of financial assistance. 3224b. Dissemination of information and technical assistance. (a) Dissemination of information and technical assistance. (b) Authorization of appropriations. 3225. Establishment of National Trust for Drug-Free Youth. (a) Establishment; purpose. (b) Board of Directors; duties and functions; composition. (c) Principal office; venue. (d) Powers of Trust generally. (e) Issuance of shares or stock; declaration or payment of dividends; loan of funds to officers or directors. (f) Annual report and independent audit. PART F - DEVELOPMENT OF EARLY CHILDHOOD EDUCATION DRUG ABUSE PREVENTION MATERIALS 3227. Program authorized. (a) General authority. (b) Reservation. PART G - MISCELLANEOUS PROVISIONS 3231. Indian education programs. (a) Pilot programs. (b) Use of funds. 3232. Transition. 3233. Identification of federally assisted programs. SUBCHAPTER VI - PROJECTS AND PROGRAMS DESIGNED TO ADDRESS SCHOOL DROPOUT PROBLEMS AND TO STRENGTHEN BASIC SKILLS INSTRUCTION PART A - ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS 3241. Short title. 3242. Purpose. 3243. Authorization of appropriations. (a) In general. (b) Nonduplication of assistance to secondary schools already receiving assistance under program for basic skills improvement and dropout prevention and reentry. 3244. Grants to local educational agencies. (a) Allotment to categories of local educational agencies. (b) Special treatment of educational partnerships. (c) Award of grant. (d) Use of funds when not fully needed for educational partnerships. (e) Use of funds when not fully allotted to categories under subsection (a). (f) Federal share. 3245. Application. (a) In general. (b) Contents of application. (c) Priority. (d) Special consideration. 3246. Authorized activities. (a) In general. (b) Activities for educational partnerships. 3247. Distribution of assistance; limitation on costs. (a) Distribution of assistance. (b) Administrative costs. PART B - ASSISTANCE TO PROVIDE BASIC SKILLS IMPROVEMENT 3261. Short title. 3262. Purpose. 3263. Authorization of appropriations. 3264. Grants to local educational agencies. (a) General authority. (b) Community-based organizations rule. (c) Eligible students. 3265. Authorized activities. (a) In general. (b) Limitation. 3266. Application. (a) In general. (b) Contents of application. (c) Approval of applications. (d) Administrative costs. PART C - GENERAL PROVISIONS 3271. General provisions. (a) Definition of school dropout. (b) Timely award of grants. (c) Grants must supplement other funds. (d) Evaluation. (e) Coordination and dissemination. (f) Audit. (g) Withholding payments. 3272. Definitions. SUBCHAPTER VII - BILINGUAL EDUCATION PROGRAMS 3281. Short title. 3282. Policy; appropriations. (a) Policy. (b) Authorization. 3283. Definitions; regulations. (a) General rule. (b) Regulation requirement. (c) Special information rule. PART A - FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION PROGRAMS 3291. Bilingual education programs. (a) Uses of funds. (b) Applications. (c) Content of application. (d) Duration of grants. (e) Application requirements. (f) Approval of applications. (g) Priority consideration of grants. (h) Priority for programs serving underserved children. (i) Limitation on the assignment of students. (j) Programs in Puerto Rico. (k) Bypass provision. 3292. Indian children in schools. (a) Eligible entities. (b) Bureau of Indian Affairs schools. (c) Annual report. PART B - DATA COLLECTION, EVALUATION, AND RESEARCH 3301. Use of funds. 3302. Grants for State programs. (a) Data collection and dissemination. (b) Report to Secretary. (c) Other uses of funds. (d) Payments. (e) Supplement not supplant. 3303. Program evaluation requirements. 3304. Evaluation assistance centers. 3305. Research. (a) Research and development. (b) Authorized activities. (c) Consultation and delegation of authority. (d) Publication of proposals. (e) Limitation of authority. 3306. Coordination of research. 3307. Education statistics. (a) Data collection. (b) Use of data. PART C - TRAINING AND TECHNICAL ASSISTANCE 3321. Use of funds. (a) Use of funds. (b) Applications. (c) Application requirement for training programs. (d) Training program requirements. (e) Preference in assistance and purpose of training. 3322. Multifunctional resource centers. (a) Establishment. (b) Required services. 3323. Fellowships. (a) Authorization. (b) Fellowship requirements. 3324. Priority. 3325. Stipends. PART D - ADMINISTRATION 3331. Office of Bilingual Education and Minority Languages Affairs. (a) Establishment. (b) Director. (c) Coordination with related programs. (d) Staffing requirement. (e) Reading and scoring applications. 3332. Limitation of authority. PART E - TRANSITION 3341. Transition. SUBCHAPTER X - GENERAL PROVISIONS 3381. Definitions. 3382. Federal administration. 3383. Waiver of requirements for certain jurisdictions. (a) Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (b) Puerto Rico. 3384. Prohibition against use of funds for religious worship or instruction. 3385 to 3385b. Repealed. 3386. Open meetings of educational agencies. -COD- CODIFICATION The Elementary and Secondary Education Act of 1965, comprising this chapter, was originally enacted as Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, amended by Pub. L. 89-750, Nov. 3, 1966, 80 Stat. 1191; Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 783; Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92-318, June 23, 1972, 86 Stat. 235; Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95-112, Aug. 24, 1977, 91 Stat. 911, and classified to sections 241a et seq., 242 et seq., 331 et seq., 821 et seq., and 1801 et seq. of this title. The Act was subsequently extensively revised and restated by Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, and amended by Pub. L. 96-46, Aug. 6, 1979, 93 Stat. 338; Pub. L. 96-88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 96-374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 96-470, Oct. 19, 1980, 94 Stat. 2237; Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 98-211, Dec. 8, 1983, 97 Stat. 1412; Pub. L. 98-511, Oct. 19, 1984, 98 Stat. 2366; Pub. L. 98-524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 99-159, Nov. 22, 1985, 99 Stat. 887; Pub. L. 99-570, Oct. 27, 1986, 100 Stat. 3207. The Act is shown, herein, however, as having been added by Pub. L. 100-297 without reference to such intervening amendments because of the extensive amendments, renumbering, reorganization of subject matter, and expansion of the basic 1965 Act's provisions by Pub. L. 100-297. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3441 of this title; title 42 section 2000d-5. ------DocID 28273 Document 24 of 303------ -CITE- 21 USC Sec. 47 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 47. United States Board of Tea Appeals; permit for delivery; exportation or destruction of inferior grades -STATUTE- In case the collector, importer, or consignee shall protest against the finding of the examiner, the matter in dispute shall be referred for decision to the United States Board of Tea Appeals, to consist of three employees of the Department of Health and Human Services, to be designated by the Secretary of Health and Human Services. If such board shall, after due examination, find the tea in question to be equal in purity, quality, and fitness for consumption to the proper standards, a permit shall be issued by the collector for its release and delivery to the importer; but if upon such final reexamination by such board the tea shall be found to be inferior in purity, quality, and fitness for consumption to the said standards, the importer or consignee shall give a bond, with security satisfactory to the collector, to export said tea, or merchandise described as tea, out of the limits of the United States within a period of six months after such final reexamination; and if the same shall not have been exported within the time specified, the collector, at the expiration of that time, shall cause the same to be destroyed. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 6, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, 713; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 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.) -CHANGE- CHANGE OF NAME 'Department of Health and Human Services' substituted in text for 'Department of Health, Education, and Welfare' and 'Secretary of Health and Human Services' substituted 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 note set out under section 41 of this title. For abolition of the offices of the collector of customs, see note set out under section 44 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 45 of this title. ------DocID 30679 Document 25 of 303------ -CITE- 22 USC CHAPTER 47 -EXPCITE- TITLE 22 CHAPTER 47 -HEAD- CHAPTER 47 - NUCLEAR NON-PROLIFERATION -MISC1- Sec. 3201. Congressional declaration of policy. 3202. Congressional statement of purpose. 3203. Definitions. SUBCHAPTER I - UNITED STATES INITIATIVES TO PROVIDE ADEQUATE NUCLEAR FUEL SUPPLY 3221. Congressional declaration of policy. 3222. Uranium enrichment capacity. 3223. International undertakings. (a) Development of international approaches for meeting future worldwide nuclear fuel needs; international nuclear fuel authority. (b), (c) Omitted. (d) Adherence of nations to policies designed to prevent proliferation. (e) Report on progress of negotiations. (f) Congressional approval of non-treaty international undertakings; submission of proposals. 3224. Reevaluation of nuclear fuel cycle. 3224a. Studies and agreements by Secretary of Energy on multinational or international basis concerning spent fuel storage facilities and transportation systems; Congressional consent; authorization of appropriations; limitations on use of funds; exceptions; special nuclear material for India. SUBCHAPTER II - UNITED STATES INITIATIVES TO STRENGTHEN THE INTERNATIONAL SAFEGUARDS SYSTEM 3241. Congressional declaration of policy. 3242. Training program. 3243. Negotiations. 3244. Actions to combat international nuclear terrorism. (a) Actions to be taken by President. (b) Reports to Congress. SUBCHAPTER III - UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES 3261. Congressional declaration of policy; Presidential report to Congress. 3262. Programs. (a) Energy development programs. (b) Energy assessments and cooperative projects. (c) Exchange of scientists, technicians, and energy experts. (d) Authorization of appropriations. (e) Coordination with related United States activities abroad. SUBCHAPTER IV - EXECUTIVE REPORTING 3281. Annual Presidential report to Congress on governmental efforts to prevent proliferation. (a) Review of Government activities; description of progress; assessment of impact of progress; determinations regarding non-nuclear-weapon states; counterproductiveness of policies. (b) Analysis of civil agreements for cooperation. 3282. Reports by departments and agencies. (a) Reports by Nuclear Regulatory Commission and Department of Energy. (b) Additional reporting requirements. (c) Committees on Foreign Relations and Governmental Affairs of Senate and Committee on Foreign Affairs of House of Representatives to be kept informed. (d) Classified portions of reports. (e) Omitted. (f) Access by Secretary of Defense to information regarding nuclear proliferation matters; applicability. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2778a, 3303, 3408, 5057 of this title; title 42 sections 2153c, 2153d, 2153e-1, 2153f. ------DocID 31522 Document 26 of 303------ -CITE- 24 USC Sec. 47 -EXPCITE- TITLE 24 CHAPTER 2 -HEAD- Sec. 47. Repealed. Pub. L. 101-189, div. A, title III, Sec. 347(3), Nov. 29, 1989, 103 Stat. 1422 -MISC1- Section, acts Jan. 16, 1891, ch. 74, 26 Stat. 718; May 29, 1920, ch. 214, 41 Stat. 655, related to custodian of funds and transfer of funds for outdoor relief. ------DocID 31719 Document 27 of 303------ -CITE- 25 USC Sec. 47 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 47. Employment of Indian labor and purchase of products of Indian industry -STATUTE- So far as may be practicable Indian labor shall be employed, and purchases of the products (including, but not limited to printing, notwithstanding any other law) of Indian industry may be made in open market in the discretion of the Secretary of the Interior. -SOURCE- (Apr. 30, 1908, ch. 153, 35 Stat. 71; June 25, 1910, ch. 431, Sec. 23, 36 Stat. 861; Nov. 1, 1988, Pub. L. 100-581, title II, Sec. 206, 102 Stat. 2940.) -COD- CODIFICATION Section is based on proviso of first sentence of section 23 of act of June 25, 1910. Remainder of first sentence of section 23 was classified to section 93 of this title prior to repeal by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1112. -MISC3- AMENDMENTS 1988 - Pub. L. 100-581 inserted '(including, but not limited to printing, notwithstanding any other law)' after 'products'. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Standards for Indians appointed to Indian Office, see section 472 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47a, 353, 406, 564h, 697, 747, 1616a, 1633 of this title; title 23 section 204. ------DocID 33569 Document 28 of 303------ -CITE- 26 USC Sec. 47 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart E -HEAD- Sec. 47. Rehabilitation credit -STATUTE- (a) General rule For purposes of section 46, the rehabilitation credit for any taxable year is the sum of - (1) 10 percent of the qualified rehabilitation expenditures with respect to any qualified rehabilitated building other than a certified historic structure, and (2) 20 percent of the qualified rehabilitation expenditures with respect to any certified historic structure. (b) When expenditures taken into account (1) In general Qualified rehabilitation expenditures with respect to any qualified rehabilitated building shall be taken into account for the taxable year in which such qualified rehabilitated building is placed in service. (2) Coordination with subsection (d) The amount which would (but for this paragraph) be taken into account under paragraph (1) with respect to any qualified rehabilitated building shall be reduced (but not below zero) by any amount of qualified rehabilitation expenditures taken into account under subsection (d) by the taxpayer or a predecessor of the taxpayer (or, in the case of a sale and leaseback described in section 50(a)(2)(C), by the lessee), to the extent any amount so taken into account has not been required to be recaptured under section 50(a). (c) Definitions For purposes of this section - (1) Qualified rehabilitated building (A) In general The term 'qualified rehabilitated building' means any building (and its structural components) if - (i) such building has been substantially rehabilitated, (ii) such building was placed in service before the beginning of the rehabilitation, (iii) in the case of any building other than a certified historic structure, in the rehabilitation process - (I) 50 percent or more of the existing external walls of such building are retained in place as external walls, (II) 75 percent or more of the existing external walls of such building are retained in place as internal or external walls, and (III) 75 percent or more of the existing internal structural framework of such building is retained in place, and (iv) depreciation (or amortization in lieu of depreciation) is allowable with respect to such building. (B) Building must be first placed in service before 1936 In the case of a building other than a certified historic structure, a building shall not be a qualified rehabilitated building unless the building was first placed in service before 1936. (C) Substantially rehabilitated defined (i) In general For purposes of subparagraph (A)(i), a building shall be tre