I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:49:05. Database: USCODE Search: (49:CITE) ------DocID 54868 Document 1 of 1105------ -CITE- 49 USC TITLE 49 -EXPCITE- TITLE 49 -HEAD- TITLE 49 - TRANSPORTATION -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 95-473, SEC. 1, OCT. 17, 1978, 92 STAT. 1337, AND PUB. L. 97-449, SEC. 1, JAN. 12, 1983, 96 STAT. 2413 Subtitle Sec. I. Department of Transportation 101 II. Transportation Programs 3101 III. (Reserved - Air Transportation) IV. Interstate Commerce 10101 V. (Reserved - Miscellaneous) Table Showing Disposition of Former Sections of Title 49 --------------------------------------------------------------------- Title 49 Former Sections Title 49 New Sections --------------------------------------------------------------------- 1(1) 10501 1(2) 10501 1(3) 10102 1(4) (related to standards) 10701 1(4) (2d sentence last cl.) 10702 1(4) (1st sentence related to 10703 through routes and 2d sentence less last cl.) 1(4) (1st sentence 14th-23d words) 11101 1(5)(a) 10701 1(5)(b) (7th and 8th sentences) 10700 1(5)(b) (less 7th and 8th 10701 sentences) 1(5)(c)(i) 10709 1(5)(c)(ii) 10102 1(5)(d) Rep. 1(5 1/2) 10749 1(6) (last sentence) 10750 1(6) (less last sentence) 10702 (See also 10701(a)) 1(7) (1st sentence, 32 words 10721 before 8th semicolon-9th semicolon) 1(7) (1st sentence words before 10722 2d semicolon, words between 5th semicolon and 21st word after 7th semicolon, 1st-18th words after 9th semicolon, 1st proviso (words before semicolon), 2d, and 3d provisos) 1(7) (1st sentence 1st-4th and 10723 13th-20th words after 2d semicolon and words between 3d and 5th semicolons) 1(7) (1st sentence 5th-12th and 10723 21st-29th words after 2d semicolon and last 11 words before 1st proviso) 1(7) (1st sentence 1st proviso, 10724 words between semicolon and colon) 1(7) (less 1st sentence) 11905 1(8) 10746 1(9) 11104 1(10) 10102 1(11) 11121 1(12) (3d sentence) 11902 1(12) (less 3d sentence) 11126 1(13) 11121 1(14)(a) 11122 1(14)(b) 11121 1(14)(c) 11105 1(15) (related to car service 11123 less last sentence) 1(15) (last sentence) 11128 1(15) (related to service less 11127 last sentence) 1(16) (related to traffic less 11124 (b)) 1(16) (related to service less 11127 (b)) 1(16)(b) 11125 1(17)(a) (1st sentence) 11121 1(17)(a) (last sentence less 11901 proviso) 1(17)(a) (last sentence proviso) 10501 1(17)(b) 11907 1(18)(a) 10901 1(18)(b) 10901 1(18)(c) 10902 1(18)(d) 10907 1(18)(e) (related to action by 11703 the Attorney General) 1(18)(e) (related to Commission 11702 action) 1(18)(e) 11901 1(18)(e) (related to State 11505 enforcement) 1(19)-(22) Rep. 1 note 10711 1a(1) (1st sentence) 10903 1a(1) (less 1st and last 10904 sentences) 1a(1) (last sentence) 10907 1a(2) 10904 1a(3) 10904 1a(4) 10903 1a(5) 10904 1a(6) 10905 1a(7) 10905 1a(8) Rep. 1a(9) (related to Commission 11702 action) 1a(9) (related to action by the 11703 Attorney General) 1a(9) (last sentence) 11901 1a(9) (related to State 11505 enforcement) 1a(10) 10906 1a(11) 10905 2 10741 3(1) 10741 3(1a) Rep. 3(2) (1st sentence) 10743 3(2) (less 1st sentence) 10744 3(3) 10744 3(4) (1st sentence 2d cl., 2d 10701 sentence related to standards) 3(4) (less 1st sentence 2d cl., 10742 and 2d sentence related to facilities) 3(5) 11103 4 10726 5(1) (words between semicolon and 11914 1st colon) 5(1) (less words between 11342 semicolon and 1st colon) 5(2)(a) 11343 5(2)(b)-(e) 11344 5(2)(f) 11347 5(2)(g) 11345 5(2)(h) 11345 5(3)(a)-(e) 11346 5(3)(f) (last sentence) 11346 5(3)(f) (less last sentence) 11350 5(3)(g) 11346 5(4) 11348 5(5) 11343 5(6) 11343 5(7) 11343 5(8) (last sentence) 11912 5(8) (less last sentence) 11701 5(9) 11702 5(10) 11351 5(11) 11343 5(12) 11341 5(13) Rep. 5(14) 11343 5(15) (words after semicolon) 11914 5(15) (less words after semicolon) 11321 5(16) 11321 5(17) 11321 5a Rep. 5b 10706 5c 10706 6(1) 10762 6(2) 10765 6(3) 10762 6(4) 10762 6(5) 10764 6(6) 10762 6(7) 10761 6(8) 11128 6(9) 10762 6(10) 11901 6(11) 10503 6(12) 10765 7 10745 8 11705 9 11705 10(1) 11914 10(2)-(4) 11904 11 10301 12(1)(a) (less 2d sentence words 10321 after semicolon and last sentence words after 1st semicolon and before last semicolon) 12(1)(a) (words after semicolon 10311 in 2d sentence) 12(1)(a) (last sentence less 11703 words before 1st semicolon and after last semicolon) 12(1)(b) 10505 12(2)-(7) 10321 13(1) 11701 13(2) (last sentence) 11502 13(2) (less last sentence) 11701 13(3) 11502 13(4) 11501 13(5) 11501 13(6) 10326 13a(1) 10908 13a(2) 10909 14(1) 10310 14(2) 10310 14(3) (last sentence) 10311 14(3) (less last sentence) 10310 15(1) 10704 15(2) 10324 15(3) 10705 15(4) 10705 15(5) 10748 15(6) 10748 15(7) 10708 15(8) 10707 15(9) 10709 15(10) 10763 15(11) 11710 15(12) 10753 15(13) 11910 15(14) 11910 15(15) 10747 15(16) 10321 15(17) 10727 15(18) 10728 15(19) 10729 15a(1)-(5) 10704 15a(6) Rep. 15b Rep. 16(1) 11705 16(2) 11705 16(3)(c) 11705 16(3)(g) 11705 16(3)(h) Rep. 16(3) (less (c), (g), and (h)) 11706 16(4) 11705 16(5) 10329 16(6) 10324 16(7) 11914 16(8) 11901 16(9) 11901 16(10) 11901 16(11) 10301 16(12) (related to Commission 11702 action) 16(12) (related to action by the 11703 Attorney General) 16(12) (related to action by 11705 private person) 16(12) (enforcement of money 11705 award) 16(13) 10303 16a Rep. 17(1) 10302 17(2) (1st sentence 80th-98th 10304 words and 2d sentence) 17(2) (less 80th-90th words in 10305 1st sentence, less 2d sentence) 17(3) (less 2d sentence and last 10306 42 words of 3d sentence) 17(3) (2d sentence) 10301 17(3) (last 42 words of 3d 10321 sentence) 17(4) (1st and 3d sentences) 10305 17(4) (2d sentence) 10303 17(5) 10322 17(6) 10323 17(7) 10323 17(8) 10324 17(9)(j) 10310 17(9) (less (j)) 10327 17(10) 10325 17(11) 10305 17(11) 10306 17(12) 10328 17(13) 10308 17(14)(a) 11701 17(14)(b) Rep. 17(15) 10309 17 note 10306 18(1) (1st and 3d sentences) 10301 18(1) (2d sentence) 10303 18(1) (4th sentence) 10307 18(1) (last sentence) 10321 18(2) 10301 19 10307 19a(a) (1st and last sentences) 10781 19a(a) (2d and 3d sentences) 10301 19a(b) 10782 19a(c) 10781 19a(d) Rep. 19a(e) 10783 19a(f) 10784 19a(g) 10784 19a(h) 10785 19a(i) 10785 19a(j) 10785 19a(k) (1st sentence) 10786 19a(k) (less 1st sentence) 11901 19a(l) 11703 20(1) 11145 20(2) 11145 20(3) (less (e)) 11142 20(3)(e) Rep. 20(4) 11143 20(5) 11144 20(6) (2d sentence, 1st cl.) 11144 20(6) (2d sentence, 2d cl.) 11145 20(6) (less 2d sentence) 11144 20(7)(a) 11901 20(7)(b) (proviso) 11144 20(7)(b) (less proviso) 11909 20(7)(c) 11901 20(7)(d) 11901 20(7)(e) 11901 20(7)(f) 11910 20(8) 11141 20(9) 11703 20(10) 10301 20(11) (2d sentence, 1st proviso) 10103 20(11) (less 1st sentence 2d 11707 proviso related to released value, 2d sentence less words before 2d proviso) 20(11) (1st sentence 2d proviso 10730 related to released value), 2d sentence (less 1st-5th provisos) 20(12) 11707 20a(1)-(10) 11301 20a(11) (2d and 3d sentences) 11709 20a(11) (less 2d, 3d, and 4th 11301 sentences) 20a(11) (last sentence) 11911 20a(12) (last sentence) 11911 20a(12) (less last sentence) 11322 20b(1) 11361 20b(2) (1st-3d sentences, 4th 11362 sentence less words between 8th comma and period, 9th sentence) 20b(2) (4th sentence, words 11363 between 8th comma and period, 8th comma and period, 8th sentence) 20b(2) (5th and 7th sentences) 11364 20b(2) (less 1st-9th sentences) 11365 20b(3) (1st and last sentences) 11362 20b(3) (less 1st and last 11363 sentences) 20b(4) 11365 20b(5) 11361 20b(6) 11366 20b(7) Rep. 20b(8) 11362 20b(9) 11367 20b(10) 10321 20b(11) 11367 20b(12) Rep. 20b(13) 11361 20c 11303 21 10311 22(1) (1st sentence 1st 26th and 10721 62d-76th words) 22(1) (1st sentence 77th-86th 10722 words and 2d proviso, 2d-4th sentences) 22(1) (1st sentence words between 10722 2d and 4th semicolons) 22(1) (1st sentence words between 10722 4th and 5th semicolons) 22(1) (1st sentence 27th-61st 10723 words and words between 1st and 2d semicolons) 22(1) (1st sentence words between 10723 6th semicolon and 1st proviso) 22(1) (last 2 sentences) 10724 22(1) (1st sentence words between 10103 5th and 6th semicolons) 22(1) (1st proviso 1st sentence) Rep. 22(2) (less 1st sentence proviso) 10721 22(2) (1st sentence proviso) Rep. 23 11703 25 Rep. 26(g) 501 26a 11504 26b 10381-10388 26c 11503 27 Rep. 41(1) (1st sentence) 11915 41(1) (less 1st sentence) 11903 41(2) (related to corporate 11903 violations) 41(2) (related to corporate 11915 violations) 41(2) (last sentence) 11916 41(3) 11902 42 Rep. 43 11703 44 T. 15 Sec. 28 45 T. 15 Sec. 29 46 11913 47, 48 Rep. 49 Elim. 50 (related to notice) 10329 50 (related to process) 10330 51 (related to ownership) 11321 51 (related to 49:6(11)) 10503 52 10783 53 Elim. 54-59 Rep. 60 11507 61-64 Rep. 65 10721 65a 10721 66 T. 31 Sec. 3726 67 Elim. 71-79 Rep. 80 T. 40 Sec. 316 141 Rep. 143 Rep. 151-157 Rep. 171-173a, 174-184 Rep. 201 Rep. 214 Rep. 241-244 T. 50 Sec. 151-154 245 T. 50 Sec. 156 246 Elim. 250-268 Rep. 301 Rep. 302(a) 10521 302(b)(1) 10521 302(b) (less (1)) 11506 302(c) 10523 303(a)(1) 10102 303(a)(2) 10342 303(a)(3) Rep. 303(a)(4) 10341 303(a)(5) Rep. 303(a)(6) Rep. 303(a)(7) Rep. 303(a)(8) 10102 303(a)(9) 10102 303(a)(10) (proviso) 10522 303(a)(10) (less proviso) 10521 303(a)(11) 10521, 10927 303(a)(12) 10102 303(a)(13) 10102 303(a)(14) (words before 2d comma) 10102 303(a)(14) (words after 2d comma) 10502 303(a)(15) 10102 303(a)(16) 10102 303(a)(17) 10102 303(a)(18) 10102 303(a)(19) 10102 303(a)(20) Rep. 303(a)(21) Rep. 303(a)(22), (23) 3101 303(b) 10526 303(c) (words between 6th and 7th 10521 commas) 303(c) (words before 'nor', less 10921 words between 6th and 7th commas) 303(c) (less words before 'nor') 10524 304(a) (matter preceding (1)) 10321 304(a)(1) (related to service) 11101 304(a)(1) (related to accounts) 11142 304(a)(1)-(2) (related to 3102 qualifications, hours of service, and safety) 304(a)(2) (less 'qualifications' 11142 through period) 304(a)(3) (1st sentence) 3102 304(a)(3) (last sentence) 502-507, 522, 523, 525, 526 (related to 'Secs. 304(c), 305, 320, 321, 322(a), (b), (d), (f), (g)') 304(a)(3) (last sentence) 525 (related to 'Sec. 305(d) (related to liability)') 304(a)(3) (last sentence) 3104 (related to 'Sec. 324') 304(a)(3a) (last sentence) 502-507, 522, 523, 525, 526 (related to 'Secs. 304(c), 305, 320, 321, 322(a), (b), (d), (f), (g)') 304(a)(3a) (1st sentence) 3102 304(a)(3a) (last sentence) 525 (related to 'Sec. 305(d) (related to liability)') 304(a)(3a) (last sentence) 3104 (related to 'Sec. 324'). 304(a)(4) 11142 304(a)(4a) 10525 304(a)(5) 3103 304(a)(6) 10321 304(a)(7) (words after semicolon) 10311 304(a)(7) (less words after 10321 semicolon) 304(b) 11102 304(c) 11701 304(d) (related to administration 10303 matters) 304(d) (related to reports) 10310 304(d) 10311 304(e) 11107 304(f) 11101 304a(1) 11706 304a(2) 11706 304a(3) 11706 304a(4) 11706 304a(5) 11705 304a(6) 11705 304a(7) Rep. 304a(8) 11706 305(a) (1st and 2d sentences) 10341 305(a) (3d sentence less proviso) 10342 305(a) (3d sentence proviso) 10344 305(a) (less 1st-3d sentences) 10343 305(b) (2d sentence, 1st 12 words) 10344 305(b) (1st, 3d, 5th, and 12th 10342 sentences) 305(b) (2d sentence 13th-37th 10341 words) 305(b) (4th and 6th sentences) 10342 305(b) (7th sentence) 10343 305(b) (8th sentence) 10343 305(b) (9th sentence) 10343 305(b) (10th sentence) 10342 305(b) (11th sentence) 10344 305(b) (less 1st-12th sentences) 10342 305(c) (related to the Commission) 10307 305(c) (related to joint boards) 10344 305(d) (related to Commission and 10321 employee board subpena power) 305(d) (related to joint boards) 10344 305(d) (related to liability) 11913 305(e) 10328 305(f) (4th sentence) 10344 305(f) (less 4th sentence) 11502 305(g) (proviso) Rep. 305(g) (less proviso) 11705, 11706 305(h) 10301-10306, 10308, 10309, 10321- 10325, 10328 305(i) (related to members of 10301 Commission) 305(i) (related to joint board) 10344 305(i) (related to examiner) 10306 305(j) 10301 305a 10344 note 306(a)(1) (word before proviso) 10921 306(a)(1) (words after colon) Rep. 306(a)(2) 10932 306(a)(3) Rep. 306(a)(4) Rep. 306(a)(5) Rep. 306(a)(6) 10931 306(a)(7) 10932 306(b) 10922 307 10922 308(a), (b) 10922 308(c), (d) 10932 309(a)(1) (words before 1st 10921 proviso) 309(a)(1) (words between 1st and Rep. last colons) 309(a)(1) (last proviso) 10526 309(a)(2) 10932 309(a)(3) Rep. 309(a)(4) Rep. 309(a)(5) Rep. 309(b) (last proviso) 10932 309(b) (less last proviso) 10923 310 10930 310a(a) 10928 310a(b) 11349 310a(c) 10928 310a(c) 11349 311(a) (words before 1st proviso) 10921 311(a) (words after 1st colon) 10924 311(b) 10924 311(c) (words before 2d comma) 10924 311(c) (words after 2d comma) 10927 311(d) 11144 312(a) 10925 312(b) 10926 312(c) Rep. 313 11304 314 (related to securities) 11302 314 (related to penalties) 11911 315 10927 316 (related to standards) 10701 316(a) (1st-24th, 45th-59th words) 10703 316(a) (60th-143d words) 10702 316(a) (25th-44th words) 11101 316(b) (related to standards) 10701 316(b) (16th-33d words) 11101 316(b) (less 16th-33d words) 10702 316(c) (less 2d sentence) 10703 316(c) (2d sentence) 10702 316(d) (1st sentence) 10701 316(d) (less 1st sentence) 10741 316(e) (2d sentence 2d cl.) 10705 316(e) (2d sentence less 2d cl. 10704 and less proviso) 316(e) (proviso) 10521 316(e) (less 2d sentence) 11701 316(f) 10705 316(g) (less proviso) 10708 316(g) (proviso) Rep. 316(h) 10701 316(i) 10704 316(j) 10103 317(a) 10762 317(b) (proviso) 10103, 10721-10724 317(b) (less proviso) 10761 317(c) 10762 317(d) 10761 318(a) (1st sentence related to 10701 standards) 318(a) (1st and 4th sentences, 10702 and 7th sentence proviso related to relief) 318(a) (2d, 5th, and 6th 10762 sentences, and 7th sentence proviso related to general requirements) 318(a) (3d sentence, 7th sentence 10761 less proviso, and 7th sentence proviso related to relief) 318(b) 10704 318(c) (proviso) Rep. 318(c) (less proviso) 10708 319 10730, 11707 320(a) (1st and 2d sentences) 11145 320(a) (less 1st and 2d sentences) 10764 320(b) 11145 320(c) 11143 320(d) 11144 320(e) 11141 320(f) 504 320(g) 11144 321(a) 10329 321(b) 10324 321(c) 10330 321(d) (related to orders) 10324 321(d) (related to notice) 10329 321(d) (related to process) 10330 322(a) 11914 322(b)(1) 11702 322(b) (less (1)) 11708 322(c) (related to rate 11904 violations) 322(c) (related to evasion of 11906 regulation) 322(d) 11910 322(e) 11910 322(f) 11910 322(g) 11909 322(h) 11901 323 (1st sentence) 10743 323 (less 1st sentence) 10744 324 11106 324a 10747 325 3103 325a 11504 326, 327 Rep. 901 Rep. 902(a) 10102 902(b) Rep. 902(c) 10102 902(d) (less exception) 10102 902(d) (words after 1st comma) 10502 902(e) (1st and 2d sentences) 10102 902(e) (3d-5th sentences) 10544 902(f) 10102 902(g) 10102 902(h) 10102 902(i) 10541 902(j)-(m) 10102 903(a) 10541 903(b) 10542 903(c) 10542 903(d) 10542 903(e)(i) 10544 903(e)(2) (last sentence) Rep. 903(e)(2) (less last sentence) 10544 903(e)(3) 10544 903(f) 10543 903(g) 10544 903(h) 10544 903(i) 10721 903(j) 10541 903(k) 10541 903(l) 10929 904(a) 10321 904(b) (words after last 10311 semicolon) 904(b) (less words after last 10321 semicolon) 904(c) 11102 904(d) 11108 904(e) 11701 905(a) (1st sentence related to 10701 standards and 2d sentence) 905(a) (1st sentence 1st cl.) 11101 905(a) (less 1st sentence 1st cl. 10702 and last sentence) 905(b) (4th sentence) 10701, 10702 905(b) (less 4th sentence) 10703 905(c) 10741 905(d) (1st sentence 2d cl., 2d 10701 sentence related to facilities) 905(d) (less 1st sentence 2d cl., 10742 2d sentence related to standards) 906(a) 10762 906(b) 10762 906(c) (proviso) 10103, 10721-10724 906(c) (less proviso) 10761 906(d) (1st sentence) 10761 906(d) (less 1st sentence) 10762 906(e) (1st sentence related to 10701 standards) 906(e) (1st sentence and 7th 10702 sentence proviso related to relief) 906(e) (2d, 4th, 5th, and 6th 10762 sentences, and 7th sentence provision, related to general requirements) 906(e) (3d sentence, and 7th 10761 sentence less proviso, and 7th sentence proviso related to relief) 907(a) 11701 907(b) 10704 907(c) 10701 907(d) 10705 907(e) 10705 907(f) 10704 907(g) (proviso) Rep. 907(g) (less proviso) 10708 907(h) 10704 907(i) (proviso) Rep. 907(i) (less proviso) 10708 908(a)-(e) 11705 908(f)(4) 11705 908(f) (less (4)) 11706 908(g) 11705 909(a) (words before 1st proviso) 10921 909(a) (words after 1st colon) Rep. 909(b) 10922 909(c) 10922 909(d) 10922 909(e) 10922 909(f) (words before 1st proviso) 10921 909(f) (words after 1st colon) Rep. 909(g) 10923 910 10930 911(a) 10928 911(b) 11349 912 10926 912a 10925 913(a) 11145 913(b) 10764 913(c) 11142 913(d) 11143 913(e) 11144 913(f) 11144 913(g) 11144 913 (less (a)-(g)) 11141 914 10747 915(a) 10329 915(b) 11701 915(c) 10324 915(d) 10324 915(e) 11914 916(a) 10301-10306, 10308, 10309, 10321- 10325, 10328, 11703, 11913 916(b) (related to Commission 11702 action) 916(b) (related to action by the 11703 Attorney General) 916(b) (related to action by 11705 private person) 916(c) 10310 916(d) 10303 917(a) 11914 917(b) 11904 917(c) 11904 917(d) 11909 917(e) 11910 917(f) (1st and 2d sentences) 11910 917 (less (a)-(e) and (f) (1st 11910 and 2d sentences)) 918 (1st sentence) 10743 918 (less 1st sentence) 10744 919 10301 920-922 Rep. 922a 11303 922b 11504 923 Rep. 1001 Rep. 1002(a)(2) Rep. 1002(a)(1), (3), (4), (5), (8) 10102 1002(a)(6), (7) 10561 1002(b) 10562 1002(c) 10562 1003(a) 10321 1003(b) 11101 1003(c) 10927 1003(d) 10927 1003(e) (words after last 10311 semicolon) 1003(e) (less words after last 10321 semicolon) 1003(f) 11701 1004(a) (1st cl.) 11101 1004(a) (related to standards) 10701 1004(a) (related to carrier 10702 authority) 1004(b) 10741 1004(c) 10741 1004(d) 10766 1005(a) 10762 1005(b) 10762 1005(c) (proviso) 10103, 10721-10724 1005(c) (less proviso) 10761 1005(d) 10762 1005(e) 10761 1006(a) 11701 1006(b) 10704 1006(c) 10701 1006(d) 10704 1006(e) (proviso) Rep. 1006(e) (less proviso) 10708 1006(f) (2d and 3d sentences) 10502 1006(f) (less 2d last sentences) 11502 1006(f) (4th and last sentences) 11501 1006a(5), (6) 11705 1006a (less (5), (6), (7)) 11706 1006a(7) Rep. 1007 10725 1008 10725 1009 10766 1010(a)(1) (words before 10921 semicolon) 1010(a) (less words before Rep. semicolon in par. (1)) 1010(b) 10923 1010(c) (less 2d sentence, words 10923 before semicolon) 1010(c) (2d sentence, words 10930 before semicolon) 1010(d) 10923 1010(e) 10923 1010(f) 10925 1010(g) 10926 1010(h) 10930 1010(i) (1st sentence) 10933 1010(i) (less 1st sentence and 2d 11908 sentence words before semicolon) 1010(i) (related to Commission 11702 action) 1010(i) (related to enforcement 11703 by the United States) 1010(i) (related to private 11704 enforcement) 1010(i) (related to State 11505 enforcement) 1011(a) 11323 1011(b) (last proviso) Rep. 1011(b) (less last proviso) 10930 1011(c) 11323 1011(d) 11701 1011(e) 11702 1011(f) 11701 1011(g) 11323 1012(a) (1st and 2d sentences) 11145 1012(a) (3d sentence) 11142 1012(a) (last sentence) 10764 1012(b) 11145 1012(c) 11144 1012(d) 11144 1012(e) 11144 1012(f) 11141 1013 (1st sentence related to 10730 released value) 1013 11707 1014 10743 1015 10747 1016(a) 10329 1016(b) 10324 1016(c) 10324 1016(d) 11914 1017(a) 10301-10306, 10308, 10309, 10311, 10321-10325, 10328, 11703, 11705, 11913 1017(b)(1) (related to Commission 11702 action) 1017(b)(1) (related to action by 11703 the Attorney General) 1017(b)(1) (related to action by 11705 private person) 1017(b) (less (1)) 11708 1017(c) 10310 1017(d) 10303 1018 10749 1019 Rep. 1020 (related to service) 11127 1020 (related to penalties) 11901 1021(a) 11914 1021(b) 11904 1021(c) 11904 1021(d) 11909 1021(e) 11910 1021(f) 11910 1021 (less (a)-(f)) 11703 1022 Rep. 1231-1240 Rep. 1341(a), (b) 106 1342 106 1343(a)(1), (2) (related to 324 cooperative agreements) 1343(a)(2) (related to Deputy 106 Administrator) 1343(b) 329 1343(d), (f), (g) (1st sentence 323 33d-43d words) 1343(g) (less 1st sentence 33d- 325 43d words) 1343(i) 322 1344(a) 322 1344(b) 331 1344(c)(1) 326 1344(d) (less words after 322 semicolon) 1344(d) (words after semicolon) (See T. 49 App. Sec. 1348(b).) 1344(e) 322 1352 329 1354(e) 308(b) 1601c 308(e) 1634 329 1651(a), (b)(1) 101 1651(b)(2) 303 1652(a)-(d) 102 1652(e) (related to FAA) 106 1652(e)(1) (related to FHWA) 104 1652(e)(1) (related to FRA) 103 1652(e)(3) (related to USCG) 108 1652(e)(3) (related to FHWA) 104 1652(e)(3) (related to FRA) 103 1652(e)(4) (related to FHWA) 104 1652(e)(4) (related to FRA) 103 1652a 103 1653(a) 301 1653(b) 302 1653(e) 307 1653(f) 303 1653(g) 304 1653 (note) 335 1654(a)-(e) 333 1654a 308(d) 1655(a)(1)(B), (C), (E)-(M), (4), (See Sec. 2 of Pub. L. 97-449.) (6)(B) 1655(a)(2)(A) (related to 49:1634) 329 1655(b)(1), (2) 108 1655(c)(1) (1st sentence proviso, 106 2d, last sentences) 1655(e)(5) (See Sec. 2 of Pub. L. 97-449.) 1655(e)(6)(B) 3103 1655(e)(6)(C) 3102, 3103 1655(e)(6)(D) (related to 'Sec. 503 321(a), (c)') 1655(e)(6)(D) (related to 'Sec. 3104 324') 1655(f)(2) 501, 502, 504-507, 521-526 1655(f)(3)(A), (C) (related to 103 FRA) 1655(f)(3)(B), (C) (related to 104 FHWA) 1655(g)(1)-(3), (4)(A), (B), (E), (See Sec. 2 of Pub. L. 97-449.) (5), (6) 1656(less (a) next-to-last par.) 305 1656(a) (next-to-last par.) (See T. 42 Sec. 1962a-2(a).) 1657(a), (b) 323 1657(c), (d) 324 1657(e)-(g) 322 1657(j) 327 1657(k) 102 1657(l) 331 1657(m) 326 1657(n) 329 1657(o) 325 1657(p) 324 1657(q)(1)-(3) 330 1657(r) 328 1657a 332 1658 308(a) 1660 335 ------------------------------- ENACTING CLAUSES Section 1(a) of Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2413, provided that: 'Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsection (b) of this section without substantive change as subtitle I and chapter 31 of subtitle II of title 49, United States Code, 'Transportation'. Those laws may be cited as '49 U.S.C. Sec. - - - - '.' Section 1 of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1337, provided in part: 'That certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted as (subtitle IV of) title 49, United States Code, 'Transportation'.' CLARIFICATION OF CONGRESSIONAL INTENT Pub. L. 100-561, title III, Sec. 308, Oct. 31, 1988, 102 Stat. 2817, provided that: 'The Act entitled 'An Act to revise, codify, and enact without substantive change the Interstate Commerce Act and related laws as subtitle IV of title 49, United States Code, 'Transportation' ', approved October 17, 1978 (92 Stat. 1337; Public Law 95-473) does not repeal and has no substantive effect on any rights, obligations, liabilities, or remedies of oil pipelines, including those arising under any provisions of the Interstate Commerce Act (49 U.S.C. App. 1 et seq.) or the Pomerene Bills of Lading Act (49 U.S.C. App. 81 et seq.), before any Federal department or agency or official thereof or a court of competent jurisdiction.' LEGISLATIVE PURPOSE AND CONSTRUCTION Section 5 of Pub. L. 98-216, Feb. 14, 1984, 98 Stat. 7, provided that: '(a) Sections 1-4 of this Act restate, without substantive change, laws enacted before April 1, 1983, that were replaced by those sections. Sections 1-4 may not be construed as making a substantive change in the laws replaced. Laws enacted after March 31, 1983, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. '(b) A reference to a law replaced by sections 1-4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. '(c) An order, rule, or regulation in effect under a law replaced by sections 1-4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by sections 1-4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. '(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision. '(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 any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' Section 6 of Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2443, provided that: '(a) Sections 1-5 of this Act restate, without substantive change, laws enacted before November 15, 1982, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after November 14, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. '(b) A reference to a law replaced by sections 1-5 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. '(c) An order, rule, or regulation in effect under a law replaced by sections 1-5 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by sections 1-5 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. '(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof. '(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 any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' Section 2 of Pub. L. 96-258, June 3, 1980, 94 Stat. 427, provided that: '(a) Section 1 of this Act (enacting section 11351 of this title and amending sections 10324, 10327, 10382, 10525, 10526, 10544, 10706, 10784, 10923, 11101, 11121, 11304, 11707, 11909, 11912, and 11914 of this title) restates, without substantive change, laws enacted before April 24, 1979, that were replaced by that section. That section may not be construed as making a substantive change in the laws replaced. Laws enacted after April 23, 1979, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency. '(b) A reference to a law replaced by section 1 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. '(c) An order, rule, or regulation in effect under a law replaced by section 1 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by section 1 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. '(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof. '(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 any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' Section 3 of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1466, provided that: '(a) Sections 1 and 2 of this Act restate, without substantive change, laws enacted before May 16, 1978, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after May 15, 1978, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency. '(b) A reference to a law replaced by sections 1 and 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. '(c) An order, rule, or regulation in effect under a law replaced by sections 1 and 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by sections 1 and 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. '(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof. '(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 any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' REPEALS AND SAVINGS PROVISIONS Section 6(a) of Pub. L. 98-216, Feb. 14, 1984, 98 Stat. 7, provided that: 'The repeal of a law enacted by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' Section 6(b) of Pub. L. 98-216, Feb. 14, 1984, 98 Stat. 7, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Feb. 14, 1984. Section 7(a) of Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2443, provided that: 'The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' Section 7(b) of Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2443, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Jan. 12, 1983. Section 3(a) of Pub. L. 96-258, June 3, 1980, 94 Stat. 427, provided that: 'The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' Section 3(b) of Pub. L. 96-258, June 3, 1980, 94 Stat. 427, repealed certain sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to applicability of such Act, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before June 3, 1980. Section 4(a) of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1466, provided that: 'The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.' Section 4(b) of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1466, repealed the sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to the applicability of such Act, except as provided in section 4(c) of Pub. L. 95-473 and except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 17, 1978. Section 4(c) of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1470, provided that: 'The laws specified in the schedule in subsection (b) of this section, as they existed on October 1, 1977, are not repealed to the extent - '(1) those laws (A) vested functions in the Interstate Commerce Commission, or in the chairman or members of the Commission, related to the transportation of oil by pipeline, and (B) vested functions and authority in the Commission, or an officer or component of the Commission, related to the establishment of rates or charges for the transportation of oil by pipeline or the valuation of any such pipeline; and '(2) those functions and authority were transferred by sections 306 and 402(b) of the Department of Energy Organization Act (91 Stat. 581, 584, 42 U.S.C. 7155, 7172(b)).' EFFECTIVE DATE OF CERTAIN REPEALS Section 4(d) of Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1470, as amended by Pub. L. 97-449, Sec. 4(b)(3), Jan. 12, 1983, 96 Stat. 2441, provided that: 'The repeals, by subsection (b) of this section, of section 1(a)(25), (26) of the Act of July 3, 1952, chapter 570, the Act of June 30, 1953, chapter 165, and the Act of July 31, 1953, chapter 292, are effective on September 14, 1978.' -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 42 section 9607. ------DocID 55207 Document 2 of 1105------ -CITE- 49 USC TITLE 49, APPENDIX -EXPCITE- TITLE 49, APPENDIX -HEAD- TITLE 49, APPENDIX - TRANSPORTATION -MISC1- This Appendix consists of sections of former Title 49 that were not included in Title 49 as enacted by Pub. L. 95-473 and Pub. L. 97-449, and certain laws related to transportation that were enacted after Pub. L. 95-473. Sections from former Title 49 retain the same section numbers in this Appendix. For disposition of all sections of former Title 49, see Table at beginning of Title 49, Transportation. Chap. Sec. 1. Interstate Commerce Act, Part I; General Provisions and Railroad and Pipe Line Carriers 1 2. Legislation Supplementary to 'Interstate Commerce Act' (Repealed, Transferred, or Omitted) 41 3. Termination of Federal Control (Repealed or Transferred) 71 4. Bills of Lading 81 5. Inland Waterways Transportation 141 6. Air Commerce 171 7. Coordination of Interstate Railroad Transportation (Repealed) 250 8. Interstate Commerce Act, Part II; Motor Carriers (Repealed or Transferred) 301 9. Civil Aeronautics (Repealed, Omitted, or Transferred) 401 10. Training of Civil Aircraft Pilots (Omitted or Repealed) 751 11. Seizure and Forfeiture of Carriers Transporting, etc., Contraband Articles 781 12. Interstate Commerce Act, Part III; Water Carriers (Repealed) 901 13. Interstate Commerce Act, Part IV; Freight Forwarders (Repealed) 1001 14. Federal Aid for Public Airport Development (Repealed or Transferred) 1101 15. International Aviation Facilities 1151 16. Development of Commercial Aircraft (Omitted) 1181 17. Medals of Honor for Acts of Heroism 1201 18. Airways Modernization (Repealed) 1211 19. Interstate Commerce Act, Part V; Loan Guaranties (Repealed) 1231 20. Federal Aviation Program 1301 21. Urban Mass Transportation 1601 22. High-Speed Ground Transportation (Omitted or Repealed) 1631 23. Department of Transportation 1651 24. Natural Gas Pipeline Safety 1671 25. Aviation Facilities Expansion and Improvement 1701 26. Hazardous Materials Transportation Control (Repealed) 1761 27. Hazardous Materials Transportation 1801 28. National Transportation Safety Board 1901 29. Hazardous Liquid Pipeline Safety 2001 30. Abatement of Aviation Noise 2101 30A. Aviation Noise Policy 2151 31. Airport and Airway Improvement 2201 32. Commercial Motor Vehicles 2301 33. Public Airports 2401 34. Motor Carrier Safety 2501 35. Commercial Space Launch 2601 36. Commercial Motor Vehicle Safety 2701 37. Sanitary Food Transportation 2801 ------DocID 55257 Document 3 of 1105------ -CITE- 49 USC APPENDIX - TRANSPORTATION Sec. 49 -EXPCITE- TITLE 49, APPENDIX CHAPTER 2 -HEAD- Sec. 49. Transferred -COD- CODIFICATION Section, acts Feb. 4, 1887, ch. 104, pt. I, Sec. 23, formerly Mar. 2, 1889, ch. 382, Sec. 10, 25 Stat. 862; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167, renumbered May 16, 1942, ch. 318, Sec. 5, 56 Stat. 301, which related to mandamus to obtain equal facilities for shippers, was transferred to section 23 of this Appendix pursuant to renumbering by act May 16, 1942. ------DocID 17085 Document 4 of 1105------ -CITE- 14 USC Sec. 48, 49 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- (Sec. 48, 49. Repealed. Pub. L. 86-474, Sec. 1(7), May 14, 1960, 74 Stat. 145) -MISC1- Section 48, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to permanent grade of that Assistant Commandant and Engineer in Chief on expiration of term. Section 49, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to grade and retired pay upon retirement of Assistant Commandant or Engineer in Chief. ------DocID 17490 Document 5 of 1105------ -CITE- 15 USC Sec. 49 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 49. Documentary evidence; depositions; witnesses -STATUTE- For the purposes of this subchapter the Commission, or its duly authorized agent or agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person, partnership, or corporation being investigated or proceeded against; and the Commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation. Any member of the Commission may sign subpoenas, and members and examiners of the Commission may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpoena the Commission may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, partnership, or corporation issue an order requiring such person, partnership, or corporation to appear before the Commission, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. Upon the application of the Attorney General of the United States, at the request of the Commission, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person, partnership, or corporation to comply with the provisions of this subchapter or any order of the Commission made in pursuance thereof. The Commission may order testimony to be taken by deposition in any proceeding or investigation pending under this subchapter at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 9, 38 Stat. 722; Oct. 15, 1970, Pub. L. 91-452, title II, Sec. 211, 84 Stat. 929; Jan. 4, 1975, Pub. L. 93-637, title II, Sec. 203(b), 88 Stat. 2198.) -MISC1- AMENDMENTS 1975 - First par. Pub. L. 93-637, Sec. 203(b)(1), substituted 'person, partnership, or corporation' for 'corporation'. Third par. Pub. L. 93-637, Sec. 203(b)(2), substituted 'person, partnership, or corporation' for 'corporation or other person' wherever appearing. Fourth par. Pub. L. 93-637, Sec. 203(b)(3), substituted 'person, partnership, or corporation' for 'person or corporation'. 1970 - Seventh par. Pub. L. 91-452 struck out provisions which granted immunity from prosecution for any natural person testifying or producing evidence, documentary or otherwise, before the commission in obedience to a subpoena issued by it. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-452 effective on sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. SAVINGS PROVISION Amendment by Pub. L. 91-452 not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of 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. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Application of rules to this section, see notes by Advisory Committee under rules 45 and 81, Title 28, Appendix, Judiciary and Judicial Procedure. Mandamus as abolished and manner of obtaining relief heretofore available, see rule 81. Subpoena, see rule 45. FEDERAL RULES OF CRIMINAL PROCEDURE Application of rule 42 to this section, see note by Advisory Committee under rule 42, Title 18, Appendix, Crimes and Criminal Procedure. Criminal contempt, see rule 42. Subpoena, see rule 17. CROSS REFERENCES Administrator of Wages and Hour Division, Secretary of Labor, and the industry committees under Fair Labor Standards Act, application of this section to, see section 209 of Title 29, Labor. Contempts - Contempts constituting crimes, see section 402 of Title 18, Crimes and Criminal Procedure. Jury trial of criminal contempts, see section 3691 of Title 18. Limitation of prosecution, see section 3285 of Title 18. Power of court, see section 401 of Title 18. Power of Supreme Court to prescribe rules of procedure, see section 2072 et seq. of Title 28, Judiciary and Judicial Procedure. Witness in foreign country failing to appear pursuant to subpoena, see section 1784 of Title 28. Hearings and investigations under Fair Labor Standards Act, application to, see section 209 of Title 29, Labor. Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. 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. Per diem and mileage of witnesses, see section 1821 of Title 28, Judiciary and Judicial Procedure. Writs, issuance of, see section 1651 of Title 28. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 57b-1 of this title; title 7 sections 222, 610, 2146, 3807; title 21 sections 467d, 677, 1051; title 26 section 5274; title 27 section 202; title 29 sections 177, 209, 521, 1134, 1573, 1862, 2004; title 33 sections 907, 944; title 42 section 7255; title 50 App. section 1983. ------DocID 17791 Document 6 of 1105------ -CITE- 15 USC Sec. 80a-49 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-49. Construction with other laws -STATUTE- Except where specific provision is made to the contrary, nothing in this subchapter shall affect (1) the jurisdiction of the Commission under the Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.), the Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), or subchapter II of this chapter, over any person, security, or transaction, or (2) the rights, obligations, duties, or liabilities of any person under such Acts; nor shall anything in this subchapter affect the jurisdiction of any other commission, board, agency, or officer of the United States or of any State or political subdivision of any State, over any person, security, or transaction, insofar as such jurisdiction does not conflict with any provision of this subchapter or of any rule, regulation, or order hereunder. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 50, 54 Stat. 846.) -REFTEXT- REFERENCES IN TEXT The Securities Act of 1933, referred to in text, is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is classified generally to subchapter I (Sec. 77a et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77a of this title and Tables. The Securities Exchange Act of 1934, referred to in text, is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified generally to 2B (Sec. 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables. The Public Utility Holding Company Act of 1935, referred to in text, is act Aug. 26, 1935, ch. 687, title I, 49 Stat. 838, as amended, which is classified generally to chapter 2C (Sec. 79 et seq.) of this title. For complete classification of this Act to the Code, see section 79 of this title and Tables. The Trust Indenture Act of 1939, referred to in text, is title III of act May 27, 1933, ch. 38, as added Aug. 3, 1939, ch. 411, 53 Stat. 1149, and amended, which is classified generally to subchapter III (Sec. 77aaa et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77aaa of this title and Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18966 Document 7 of 1105------ -CITE- 15 USC CHAPTER 49 -EXPCITE- TITLE 15 CHAPTER 49 -HEAD- CHAPTER 49 - FIRE PREVENTION AND CONTROL -MISC1- Sec. 2201. Congressional findings. 2202. Declaration of purpose. 2203. Definitions. 2204. United States Fire Administration. (a) Establishment. (b) Administrator. (c) Deputy Administrator. 2205. Public education. 2206. National Academy for Fire Prevention and Control. (a) Establishment. (b) Superintendent. (c) Powers of Superintendent. (d) Program of the Academy. (e) Technical assistance. (f) Assistance to State and local fire service training programs. (g) Site selection. (h) Construction costs. (i) Educational and professional assistance. (j) Board of Visitors. (k) Accreditation. (l) Admission. 2207. Fire technology. (a) Development. (b) Limitation on manufacture and sale of equipment. (c) Management studies. (d) Rural assistance. (e) Coordination. 2208. National Fire Data Center. (a) Functions. (b) Methods. (c) Dissemination of fire data. 2209. Master plans. (a) Encouragement by Administrator. (b) Report to Congress. (c) 'Master plan' defined. 2210. Reimbursement for costs of firefighting on Federal property. (a) Filing of claims. (b) Determination. (c) Payment. (d) Adjudication. 2211. Review of fire prevention codes. 2212. Fire safety effectiveness statements. 2213. Annual conference. 2214. Public safety awards. (a) Establishment. (b) Description. (c) Selection. (d) Limitation on number of awards. (e) Award. (f) Regulations. (g) 'Public safety officer' defined. 2215. Reports to Congress and President. 2216. Authorization of appropriations. 2217. Public access to information. 2218. Administrative provisions. (a) Assistance to Administrator. (b) Powers of Administrator. (c) Audit. (d) Inventions and discoveries. (e) Coordination. 2219. Assistance to Consumer Product Safety Commission. 2220. Arson prevention, detection, and control. (a) Duties of Administrator. (b) Report to Congress on manner of assistance to States and local jurisdictions. 2221. Repealed. 2222. Effectiveness study concerning smoke detectors, heat detectors, and sprinkler suppression systems. (a) Authorization; considerations. (b) Recommendations by Administrator. (c) Legislative proposals. (d) Availability of information, data, estimates, etc., from Federal departments. 2223. Firefighter safety study. (a) Contents. (b) Submission to Congress. 2223a. Review. 2223b. Working group. 2223c. Report and recommendations. 2223d. Annual revision of recommendations. 2223e. 'Emergency response personnel' defined. 2224. Listings of certified places of public accommodation. (a) Submissions by States. (b) Compilation and distribution of master list. 2225. Fire prevention and control guidelines for places of public accommodation. (a) Contents of guidelines. (b) Effect on State and local law. (c) Definitions. 2225a. Prohibiting Federal funding of conferences held at non-certified places of public accommodation. (a) In general. (b) Waiver. (c) Notice requirements. (d) Effective date. 2226. Dissemination of fire prevention and control information. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 section 2106. ------DocID 19699 Document 8 of 1105------ -CITE- 16 USC Sec. 49 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 49. Rights of claimants and owners of lands included; laws and regulations applicable within park -STATUTE- None of the lands patented and in private ownership in the area included under sections 46 and 47 of this title in the Sierra National Forest shall have the privileges of the lieu-land scrip provisions of the land laws, but otherwise to be in all respects under the laws and regulations affecting the national forests. All laws, rules, and regulations affecting national forests, including the right to change the boundaries thereof by Executive proclamation, shall take effect and be in force within the limits of the territory excluded by sections 46 and 47 of this title from the Yosemite National Park, except as otherwise provided. -SOURCE- (Feb. 7, 1905, ch. 547, Sec. 2, 33 Stat. 703; June 11, 1906, No. 27, Sec. 2, 34 Stat. 832; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.) -COD- CODIFICATION 'Sierra National Forest' and 'national forests' substituted in text for 'Sierra Forest Reserve' and for 'forest reserves' and 'forest reservations', respectively, on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. ------DocID 21431 Document 9 of 1105------ -CITE- 16 USC Sec. 460uu-49 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-49. Water rights -STATUTE- (a) Reservation to United States of minimum amount of water required Congress expressly reserves to the United States the minimum amount of water required to carry out the purposes for which the national monument, the conservation area, and the wilderness areas are designated under this subchapter. The priority date of such reserved rights shall be December 31, 1987. (b) Effect on existing valid or vested water rights Nothing in this section shall affect any existing valid or vested water right, or applications for water rights which are pending as of December 31, 1987, and which are subsequently granted: Provided, That nothing in this subsection shall be construed to require the National Park Service to allow the drilling of ground water wells within the boundaries of the national monument. (c) Construction of section as precedent with regard to future designations Nothing in this section shall be construed as establishing a precedent with regard to any future designations, nor shall it affect the interpretation of any other Act or any designation made pursuant thereto. -SOURCE- (Pub. L. 100-225, title V, Sec. 509, Dec. 31, 1987, 101 Stat. 1549.) ------DocID 23274 Document 10 of 1105------ -CITE- 16 USC CHAPTER 49 -EXPCITE- TITLE 16 CHAPTER 49 -HEAD- CHAPTER 49 - FISH AND WILDLIFE CONSERVATION -MISC1- Sec. 2901. Congressional findings and declaration of purpose. (a) Findings. (b) Purpose. 2902. Definitions. 2903. Conservation plans. 2904. Approval of conservation plans and certain nongame fish and wildlife conservation actions. (a) Approval by Secretary of plans. (b) Effect of approval of plans. (c) Conservation actions. (d) Nongame conservation actions in the absence of an approved plan. 2905. Reimbursement of State cost for developing, revising, and implementing conservation plans and implementing certain nongame fish and wildlife conservation actions. (a) In general. (b) Applications. (c) Eligibility. (d) Reimbursement. (e) Limitations. 2906. Terms and conditions of reimbursement. 2907. Allocation of funds for administration and reimbursement of States. (a) In general. (b) Allocation formula. (c) Treatment of amounts allocated but not used for any fiscal year. 2908. Other Federal assistance and actions. 2909. Disclaimers. 2910. Authorization of appropriations. 2911. Study on most equitable and effective mechanism for funding State conservation plans; report to Congressional committees. 2912. Federal conservation of migratory nongame birds. (a) Conservation activities. (b) Reports. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 4402 of this title. ------DocID 24175 Document 11 of 1105------ -CITE- 18 USC CHAPTER 49 -EXPCITE- TITLE 18 PART I CHAPTER 49 -HEAD- CHAPTER 49 - FUGITIVES FROM JUSTICE -MISC1- Sec. 1071. Concealing person from arrest. 1072. Concealing escaped prisoner. 1073. Flight to avoid prosecution or giving testimony. 1074. Flight to avoid prosecution for damaging or destroying any building or other real or personal property. AMENDMENTS 1960 - Pub. L. 86-449, title II, Sec. 202, May 6, 1960, 74 Stat. 87, added item 1074. ------DocID 25140 Document 12 of 1105------ -CITE- 18 USC Rule 49 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 49. Service and Filing of Papers -STATUTE- (a) Service: When Required. Written motions other than those which are heard ex parte, written notices, designations of record on appeal and similar papers shall be served upon each of the parties. (b) Service: How Made. Whenever under these rules or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party personally is ordered by the court. Service upon the attorney or upon a party shall be made in the manner provided in civil actions. (c) Notice of Orders. Immediately upon the entry of an order made on a written motion subsequent to arraignment the clerk shall mail to each party a notice thereof and shall make a note in the docket of the mailing. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted by Rule 4(b) of the Federal Rules of Appellate Procedure. (d) Filing. Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in civil actions. (e) Filing of Dangerous Offender Notice. A filing with the court pursuant to 18 U.S.C. Sec. 3575(a) or 21 U.S.C. Sec. 849(a) shall be made by filing the notice with the clerk of the court. The clerk shall transmit the notice to the chief judge or, if the chief judge is the presiding judge in the case, to another judge or United States magistrate in the district, except that in a district having a single judge and no United States magistrate, the clerk shall transmit the notice to the court only after the time for disclosure specified in the aforementioned statutes and shall seal the notice as permitted by local rule. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). This rule is substantially the same as Rule 5(a) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix) with such adaptations as are necessary for criminal cases. Note to Subdivision (b). The first sentence of this rule is in substance the same as the first sentence of Rule 5(b) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). The second sentence incorporates by reference the second and third sentences of Rule 5(b) of the Federal Rules of Civil Procedure. Note to Subdivision (c). This rule is an adaptation for criminal proceedings of Rule 77(d) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). No consequence attaches to the failure of the clerk to give the prescribed notice, but in a case in which the losing party in reliance on the clerk's obligation to send a notice failed to file a timely notice of appeal, it was held competent for the trial judge, in the exercise of sound discretion, to vacate the judgment because of clerk's failure to give notice and to enter a new judgment, the term of court not having expired. Hill v. Hawes, 320 U.S. 520. Note to Subdivision (d). This rule incorporates by reference Rule 5(d) and (e) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Subdivision (a). - The words 'adverse parties' in the original rule introduced a question of interpretation. When, for example, is a co-defendant an adverse party? The amendment requires service on each of the parties thus avoiding the problem of interpretation and promoting full exchange of information among the parties. No restriction is intended, however, upon agreements among co-defendants or between the defendants and the government restricting exchange of papers in the interest of eliminating unnecessary expense. Cf. the amendment made effective July 1, 1963, to Civil Rule 5(a). Subdivision (c). - The words 'affected thereby' are deleted in order to require notice to all parties. Cf. the similar change made effective July 1, 1963, to Civil Rule 77(d). The sentence added at the end of the subdivision eliminates the possibility of extension of the time to appeal beyond the provision for a 30 day extension on a showing or 'excusable neglect' provided in Rule 37(a)(2). Cf. the similar change made in Civil Rule 77(d) effective in 1948. The question has arisen in a number of cases whether failure or delay in giving notice on the part of the clerk results in an extension of the time for appeal. The 'general rule' has been said to be that in the event of such failure or delay 'the time for taking an appeal runs from the date of later actual notice or receipt of the clerk's notice rather than from the date of entry of the order.' Lohman v. United States, 237 F.2d 645, 646 (6th Cir. 1956). See also Rosenbloom v. United States, 355 U.S. 80 (1957) (permitting an extension). In two cases it has been held that no extension results from the failure to give notice of entry of judgments (as opposed to orders) since such notice is not required by Rule 49(d). Wilkinson v. United States, 278 F.2d 604 (10th Cir. 1960), cert. den. 363 U.S. 829; Hyche v. United States, 278 F.2d 915 (5th Cir. 1960), cert. den. 364 U.S. 881. The excusable neglect extension provision in Rule 37(a)(2) will cover most cases where failure of the clerk to give notice of judgments or orders has misled the defendant. No need appears for an indefinite extension without time limit beyond the 30 day period. NOTES OF ADVISORY COMMITTEE ON RULES - 1968 AMENDMENT The amendment corrects the reference to Rule 37(a)(2), the pertinent provisions of which are contained in Rule 4(b) of the Federal Rules of Appellate Procedure. NOTES OF ADVISORY COMMITTEE ON RULES - 1985 AMENDMENT 18 U.S.C. Sec. 3575(a) and 21 U.S.C. Sec. 849(a), dealing respectively with dangerous special offender sentencing and dangerous special drug offender sentencing, provide for the prosecutor to file notice of such status 'with the court' and for the court to 'order the notice sealed' under specified circumstances, but also declare that disclosure of this notice shall not be made 'to the presiding judge without the consent of the parties' before verdict or plea of guilty or nolo contendere. It has been noted that these provisions are 'regrettably unclear as to where, in fact, such notice is to be filed' and that possibly filing with the chief judge is contemplated. United States v. Tramunti, 377 F.Supp. 6 (S.D.N.Y. 1974). But such practice has been a matter of dispute when the chief judge would otherwise have been the presiding judge in the case, United States v. Gaylor, No. 80-5016 (4th Cir. 1981), and 'it does not solve the problem in those districts where there is only one federal district judge appointed,' United States v. Tramunti, supra. The first sentence of subdivision (e) clarifies that the filing of such notice with the court is to be accomplished by filing with the clerk of the court, which is generally the procedure for filing with the court; see subdivision (d) of this rule. Except in a district having a single judge and no United States magistrate, the clerk will then, as provided in the second sentence, transmit the notice to the chief judge or to some other judge or a United States magistrate if the chief judge is scheduled to be the presiding judge in the case, so that the determination regarding sealing of the notice may be made without the disclosure prohibited by the aforementioned statutes. But in a district having a single judge and no United States magistrate this prohibition means the clerk may not disclose the notice to the court at all until the time specified by statute. The last sentence of subdivision (e) contemplates that in such instances the clerk will seal the notice if the case falls within the local rule describing when 'a public record may prejudice fair consideration of a pending criminal matter,' the determination called for by the aforementioned statutes. The local rule might provide, for example, that the notice is to be sealed upon motion by any party. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Appellate Procedure, referred to in subd. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -CHANGE- CHANGE OF NAME Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Notice of entry of judgments or orders, see rule 77, Title 28, Appendix, Judiciary and Judicial Procedure. Service and filing of papers, see rule 5. CROSS REFERENCES Affidavits used on motions, see rule 47. Application for order by motion, see rule 47. Enlargement of time for taking appeal not permitted, see rule 45. Service of notice of motion and affidavits, see rule 45. ------DocID 25181 Document 13 of 1105------ -CITE- 19 USC Sec. 49 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 49. Repealed. Aug. 26, 1935, ch. 689, Sec. 1, 49 Stat. 864 -MISC1- Section, R.S. Sec. 1790, related to restriction on payment for services of officers or other persons in customs service. ------DocID 26099 Document 14 of 1105------ -CITE- 20 USC Sec. 49 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 49. Statement of expenditures -STATUTE- The Secretary shall submit to Congress annually at the beginning of each regular session thereof a detailed statement of the expenditures of the preceding fiscal year, under appropriations for 'International Exchanges,' 'North American Ethnology,' and the 'National Museum.' -SOURCE- (Oct. 2, 1888, ch. 1069, 25 Stat. 529.) -CROSS- CROSS REFERENCES Annual report of salaries, see section 58 of this title. Printing and distribution of reports of Smithsonian Institution, see section 1341 of Title 44, Public Printing and Documents. ------DocID 27882 Document 15 of 1105------ -CITE- 20 USC CHAPTER 49 -EXPCITE- TITLE 20 CHAPTER 49 -HEAD- CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL -MISC1- Sec. 3601. Congressional statement of findings and purposes. 3602. Asbestos Hazards School Safety Task Force. (a) Establishment; composition; membership; chairman; appointment; vacancies. (b) Meetings; quorum; hearings. (c) Compensation; travel expenses. (d) Availability of Department of Education personnel; use of mails. (e) Duties. (f) Termination. 3603. State plan. (a) Submission by State educational agency receiving administrative funds for programs; contents. (b) Reporting requirements respecting plan implementation. 3604. Asbestos hazards detection program. (a) Grants to local and State educational agencies for Federal share; duration of granting authority; amount of Federal share. (b) Application for grants; procedures applicable for approval; programs completed before January 1, 1976; determinations respecting amount of grant. (c) Reporting requirements for recipients. (d) Availability of appropriated funds for education and technical assistance programs. 3605. Asbestos Hazards Control Loan Program. (a) Establishment; administration; loans to local educational agencies for share of project costs; project criteria; increase in amount of loans. (b) Loan agreements; required terms; additional terms and conditions. (c) Application for loans; procedures applicable for approval; projects completed before January 1, 1976. (d) Reporting requirements for Secretary. 3606. Standards and safety procedures. (a) Establishment and distribution to designated State agency or unit; establishment of criteria for loan program eligibility. (b) Establishment of regulations. (c) Avoidance of duplication of similar activities of Environmental Protection Agency. 3607. Recovery of costs by United States. (a) Suit by United States on behalf of grant or loan recipient for recovery of costs of activities of recipient; proceeds of judgment. (b) Investigation and report by Attorney General respecting feasibility of recovery of costs from any person determined by Attorney General to be liable. (c) Expeditious proceedings by Attorney General. 3608. Employee protection. 3609. Retained rights. 3610. Definitions. 3611. Authorization of appropriations. (a) Sums available during obligation period for asbestos detection and asbestos hazards control loan programs. (b) Programs automatically eligible for contingent extension. (c) Greatest financial need as basis for approval of applications in case of insufficient funds. (d) Authority of Secretary dependent on specific appropriations. -CROSS- CROSS REFERENCES Abatement of asbestos hazards in schools, see section 4011 et seq. of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3489 of this title. ------DocID 28275 Document 16 of 1105------ -CITE- 21 USC Sec. 49 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 49. Reimporting rejected teas; forfeiture -STATUTE- No imported teas which have been rejected by a customs examiner or by the United States Board of Tea Appeals, and exported under the provisions of this chapter, shall be reimported into the United States under the penalty of forfeiture for a violation of this prohibition. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 9, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712.) ------DocID 30718 Document 17 of 1105------ -CITE- 22 USC CHAPTER 49 -EXPCITE- TITLE 22 CHAPTER 49 -HEAD- CHAPTER 49 - SUPPORT OF PEACE TREATY BETWEEN EGYPT AND ISRAEL -MISC1- SUBCHAPTER I - POLITICAL, ECONOMIC, AND TECHNOLOGICAL SUPPORT Sec. 3401. Congressional findings and declaration of policy. (a) Policy of support for peace treaty. (b) Findings. (c) Other agreements, understandings, or commitments. 3402. Supplemental authorization of foreign military sales loan guaranties for Egypt and Israel. (a) Congressional findings; use of Arms Export Control Act procedures. (b) Authorization of appropriation. (c) Principal amounts of guaranteed loans. (d) Repayment schedule. (e) Modification of terms of guaranteed loans. 3403. Supplemental authorization of economic support for Egypt. 3404. Transfer of facilities of United States Sinai Field Mission to Egypt. 3405. Contributions by other countries to support peace in the Middle East. (a) Presidential consultations with other countries. (b) Repealed. 3406. Trilateral scientific and technological cooperation by Egypt, Israel, and United States. (a) Preparation for United States participation. (b) Plan development. 3407. Repealed. 3408. Non-proliferation of nuclear weapons. SUBCHAPTER II - MULTINATIONAL FORCE AND OBSERVERS PARTICIPATION 3421. Congressional declaration of policy. 3422. Participation of United States personnel in the Multinational Force and Observers. (a) Participation by United States Armed Forces; maximum limit on the number of members. (b) Participation by civilian personnel. (c) Status of United States personnel. 3423. United States contributions to costs. (a) United States share of the costs. (b) Authorization of appropriations. (c) Reimbursements to the United States. 3424. Nonreimbursed costs. (a) Administrative and technical support and services. (b) Costs to be kept at minimum level. (c) Military training of armed forces of other countries. 3425. Reports to Congress. (a) Initial report. (b) Annual report; content. (c) Description, detail, and accuracy of reports. 3426. Statements of Congressional intent. (a) Disclaimer of Congressional approval of other agreements, understandings, or commitments. (b) Limitations on United States participation. (c) War Powers Resolution. 3427. Definitions. ------DocID 31722 Document 18 of 1105------ -CITE- 25 USC Sec. 49 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 49. Repealed. June 30, 1932, ch. 317, 47 Stat. 421 -MISC1- Section, act May 25, 1918, ch. 86, Sec. 1, 40 Stat. 565, related to qualifications of farmers. ------DocID 33571 Document 19 of 1105------ -CITE- 26 USC Sec. 49 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart E -HEAD- Sec. 49. At-risk rules -STATUTE- (a) General rule (1) Certain nonrecourse financing excluded from credit base (A) Limitation The credit base of any property to which this paragraph applies shall be reduced by the nonqualified nonrecourse financing with respect to such credit base (as of the close of the taxable year in which placed in service). (B) Property to which paragraph applies This paragraph applies to any property which - (i) is placed in service during the taxable year by a taxpayer described in section 465(a)(1), and (ii) is used in connection with an activity with respect to which any loss is subject to limitation under section 465. (C) Credit base defined For purposes of this paragraph, the term 'credit base' means - (i) the portion of the basis of any qualified rehabilitated building attributable to qualified rehabilitation expenditures, (ii) the basis of any energy property, and (iii) the amortizable basis of any qualified timber property. (D) Nonqualified nonrecourse financing (i) In general For purposes of this paragraph and paragraph (2), the term 'nonqualified nonrecourse financing' means any nonrecourse financing which is not qualified commercial financing. (ii) Qualified commercial financing For purposes of this paragraph, the term 'qualified commercial financing' means any financing with respect to any property if - (I) such property is acquired by the taxpayer from a person who is not a related person, (II) the amount of the nonrecourse financing with respect to such property does not exceed 80 percent of the credit base of such property, and (III) such financing is borrowed from a qualified person or represents a loan from any Federal, State, or local government or instrumentality thereof, or is guaranteed by any Federal, State, or local government. Such term shall not include any convertible debt. (iii) Nonrecourse financing For purposes of this subparagraph, the term 'nonrecourse financing' includes - (I) any amount with respect to which the taxpayer is protected against loss through guarantees, stop-loss agreements, or other similar arrangements, and (II) except to the extent provided in regulations, any amount borrowed from a person who has an interest (other than as a creditor) in the activity in which the property is used or from a related person to a person (other than the taxpayer) having such an interest. In the case of amounts borrowed by a corporation from a shareholder, subclause (II) shall not apply to an interest as a share-holder. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably should not be hyphenated. (iv) Qualified person For purposes of this paragraph, the term 'qualified person' means any person which is actively and regularly engaged in the business of lending money and which is not - (I) a related person with respect to the taxpayer, (II) a person from which the taxpayer acquired the property (or a related person to such person), or (III) a person who receives a fee with respect to the taxpayer's investment in the property (or a related person to such person). (v) Related person For purposes of this subparagraph, the term 'related person' has the meaning given such term by section 465(b)(3)(C). Except as otherwise provided in regulations prescribed by the Secretary, the determination of whether a person is a related person shall be made as of the close of the taxable year in which the property is placed in service. (E) Application to partnerships and S corporations For purposes of this paragraph and paragraph (2) - (i) In general Except as otherwise provided in this subparagraph, in the case of any partnership or S corporation, the determination of whether a partner's or shareholder's allocable share of any financing is nonqualified nonrecourse financing shall be made at the partner or shareholder level. (ii) Special rule for certain recourse financing of S corporation A shareholder of an S corporation shall be treated as liable for his allocable share of any financing provided by a qualified person to such corporation if - (I) such financing is recourse financing (determined at the corporate level), and (II) such financing is provided with respect to qualified business property of such corporation. (iii) Qualified business property For purposes of clause (ii), the term 'qualified business property' means any property if - (I) such property is used by the corporation in the active conduct of a trade or business, (II) during the entire 12-month period ending on the last day of the taxable year, such corporation had at least 3 full-time employees who were not owner-employees (as defined in section 465(c)(7)(E)(i)) and substantially all the services of whom were services directly related to such trade or business, and (III) during the entire 12-month period ending on the last day of such taxable year, such corporation had at least 1 full-time employee substantially all of the services of whom were in the active management of the trade or business. (iv) Determination of allocable share The determination of any partner's or shareholder's allocable share of any financing shall be made in the same manner as the credit allowable by section 38 with respect to such property. (F) Special rules for energy property Rules similar to the rules of subparagraph (F) of section 46(c)(8) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. (2) Subsequent decreases in nonqualified nonrecourse financing with respect to the property (A) In general If, at the close of a taxable year following the taxable year in which the property was placed in service, there is a net decrease in the amount of nonqualified nonrecourse financing with respect to such property, such net decrease shall be taken into account as an increase in the credit base for such property in accordance with subparagraph (C). (B) Certain transactions not taken into account For purposes of this paragraph, nonqualified nonrecourse financing shall not be treated as decreased through the surrender or other use of property financed by nonqualified nonrecourse financing. (C) Manner in which taken into account (i) Credit determined by reference to taxable year property placed in service For purposes of determining the amount of credit allowable under section 38 and the amount of credit subject to the early disposition or cessation rules under section 50(a), any increase in a taxpayer's credit base for any property by reason of this paragraph shall be taken into account as if it were property placed in service by the taxpayer in the taxable year in which the property referred to in subparagraph (A) was first placed in service. (ii) Credit allowed for year of decrease in nonqualified nonrecourse financing Any credit allowable under this subpart for any increase in qualified investment by reason of this paragraph shall be treated as earned during the taxable year of the decrease in the amount of nonqualified nonrecourse financing. (b) Increases in nonqualified nonrecourse financing (1) In general If, as of the close of the taxable year, there is a net increase with respect to the taxpayer in the amount of nonqualified nonrecourse financing (within the meaning of subsection (a)(1)) with respect to any property to which subsection (a)(1) applied, then the tax under this chapter for such taxable year shall be increased by an amount equal to the aggregate decrease in credits allowed under section 38 for all prior taxable years which would have resulted from reducing the credit base (as defined in subsection (a)(1)(C)) taken into account with respect to such property by the amount of such net increase. For purposes of determining the amount of credit subject to the early disposition or cessation rules of section 50(a), the net increase in the amount of the nonqualified nonrecourse financing with respect to the property shall be treated as reducing the property's credit base in the year in which the property was first placed in service. (2) Transfers of debt more than 1 year after initial borrowing not treated as increasing nonqualified nonrecourse financing For purposes of paragraph (1), the amount of nonqualified nonrecourse financing (within the meaning of subsection (a)(1)(D)) with respect to the taxpayer shall not be treated as increased by reason of a transfer of (or agreement to transfer) any evidence of any indebtedness if such transfer occurs (or such agreement is entered into) more than 1 year after the date such indebtedness was incurred. (3) Special rules for certain energy property Rules similar to the rules of section 47(d)(3) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. (4) Special rule Any increase in tax under paragraph (1) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit allowable under subpart A, B, D, or G. -SOURCE- (Added Pub. L. 99-514, title II, Sec. 211(a), Oct. 22, 1986, 100 Stat. 2166, and amended Pub. L. 100-647, title I, Sec. 1002(e)(1)-(3), (8)(B), Nov. 10, 1988, 102 Stat. 3367, 3369; Pub. L. 101-508, title XI, Sec. 11813(a), Nov. 5, 1990, 104 Stat. 1388-543.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsecs. (a)(1)(F) and (b)(3), is the date of enactment of Pub. L. 101-508, which was approved Nov. 5, 1990. -MISC2- PRIOR PROVISIONS A prior section 49, Pub. L. 91-172, title VII, Sec. 703(a), Dec. 30, 1969, 83 Stat. 660; Pub. L. 92-178, title I, Sec. 101(b)(1)-(4), Dec. 10, 1971, 85 Stat. 498, 499, which related to termination of rules for computing credit for investment in certain depreciable property for period beginning Apr. 19, 1969, and ending during 1971, was repealed by Pub. L. 95-600, title III, Sec. 312(c)(1), Nov. 6, 1978, 92 Stat. 2826, applicable to taxable years ending after Dec. 31, 1978. AMENDMENTS 1990 - Pub. L. 101-508, Sec. 11813(a), amended section generally, substituting section catchline for one which read: 'Termination of regular percentage' and in text substituting present provisions for provisions relating to the nonapplicability of the regular percentage to any property placed in service after Dec. 31, 1985, for purposes of determining the investment tax credit, exceptions to such rule, the 35 percent reduction in credit for taxable years after 1986, the full basis adjustment in determining investment tax credit, and the definition of transition property and treatment of progress expenditures. 1988 - Subsec. (c)(4)(B). Pub. L. 100-647, Sec. 1002(e)(2), substituted 'years' for 'year' in heading and amended text generally. Prior to amendment, text read as follows: 'The amount of the reduction of the regular investment credit under paragraph (3) - '(i) may not be carried back to any taxable year, but '(ii) shall be added to the carryforwards from the taxable year before applying paragraph (2).' Subsec. (c)(5)(B)(i). Pub. L. 100-647, Sec. 1002(e)(3), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: 'The term 'regular investment credit' has the meaning given such term by section 48(o)'. Subsec. (c)(5)(C). Pub. L. 100-647, Sec. 1002(e)(8)(B), struck out subpar. (C) which related to portion of credits attributable to regular investment credit. Subsec. (d)(1). Pub. L. 100-647, Sec. 1002(e)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'In the case of periods after December 31, 1985, section 48(q) (relating to basis adjustment to section 38 property) shall be applied with respect to transaction property - '(A) by substituting '100 percent' for '50 percent' in paragraph (1), and '(B) without regard to paragraph (4) thereof (relating to election of reduced credit in lieu of basis adjustment).' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 applicable to property placed in service after Dec. 31, 1990, but not applicable to any transition property (as defined in section 49(e) of this title), any property with respect to which qualified progress expenditures were previously taken into account under section 46(d) of this title, and any property described in section 46(b)(2)(C) of this title, as such sections were in effect on Nov. 4, 1990, see section 11813(c) of Pub. L. 101-508, set out as a note under section 29 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 1002(e)(1)-(3) of Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. Amendment by section 1002(e)(8)(B) of Pub. L. 100-647 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 1002(e)(8)(C) of Pub. L. 100-647, set out as a note under section 38 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Section 211(e) of Pub. L. 99-514, as amended by Pub. L. 100-647, title I, Sec. 1002(e)(4)-(7), Nov. 10, 1988, 102 Stat. 3367, 3368, provided that: '(1) In general. - Except as provided in this subsection, the amendments made by this section (enacting this section and provisions set out below) shall apply to property placed in service after December 31, 1985, in taxable years ending after such date. Section 49(c) of the Internal Revenue Code of 1986 (as added by subsection (a)) shall apply to taxable years ending after June 30, 1987, and to amounts carried to such taxable years. '(2) Exceptions for certain films. - For purposes of determining whether any property is transition property within the meaning of section 49(e) of the Internal Revenue Code of 1986 - '(A) in the case of any motion picture or television film,