I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:59:27. Database: USCODE Search: (50:CITE) ------DocID 55939 Document 1 of 1268------ -CITE- 50 USC TITLE 50 -EXPCITE- TITLE 50 -HEAD- TITLE 50 - WAR AND NATIONAL DEFENSE -MISC1- Chap. Sec. 1. Council of National Defense 1 2. Board of Ordnance and Fortification (Repealed) 11 3. Alien Enemies 21 4. Espionage (Repealed or Transferred) 31 4A. Photographing, Sketching, Mapping, etc., Defensive Installations (Repealed) 45 4B. Disclosure of Classified Information (Repealed) 46 4C. Atomic Weapons and Special Nuclear Materials Information Rewards 47a 5. Arsenals, Armories, Arms, and War Material Generally 51 6. Willful Destruction, etc., of War or National-Defense Material (Repealed) 101 7. Interference with Homing Pigeons Owned by United States (Repealed) 111 8. Explosives; Manufacture, Distribution, Storage, Use, and Possession Regulated (Repealed) 121 9. Aircraft (Omitted, Repealed, or Transferred) 151 10. Helium Gas 161 11. Acquisition of and Expenditures on Land for National-Defense Purposes (Repealed, Omitted, or Transferred) 171 12. Vessels in Territorial Waters of United States 191 13. Insurrection 201 14. Wartime Voting by Land and Naval Forces (Repealed) 301 15. National Security 401 16. Defense Industrial Reserves 451 17. Arming American Vessels (Repealed) 481 18. Air-Warning Screen 491 19. Guided Missiles 501 20. Wind Tunnels 511 21. Abaca Production (Omitted) 541 22. Uniform Code of Military Justice (Repealed or Omitted) 551 22A. Representation of Armed Forces Personnel Before Foreign Judicial Tribunals (Repealed) 751 23. Internal Security 781 24. National Defense Facilities (Repealed) 881 25. Armed Forces Reserve (Repealed or Omitted) 901 26. Gifts for Defense Purposes (Repealed) 1151 27. Reserve Officer Personnel Program (Repealed or Omitted) 1181 28. Status of Armed Forces Personnel Appointed to Service Academies (Repealed) 1411 29. National Defense Contracts 1431 30. Federal Absentee Voting Assistance (Transferred) 1451 31. Advisory Commission on Intergovernmental Relations (Transferred) 1501 32. Chemical and Biological Warfare Program 1511 33. War Powers Resolution 1541 34. National Emergencies 1601 35. International Emergency Economic Powers 1701 36. Foreign Intelligence Surveillance 1801 RATIFICATION OF JAPANESE TREATY The Treaty of Peace with Japan, signed at San Francisco on Sept. 8, 1951, was ratified by the United States Senate on Mar. 20, 1952. For Resolution of Ratification, see Congressional Record, Vol. 98, No. 46, Thursday, Mar. 20, 1952, p. 2634. According to Proc. No. 2974, eff. Apr. 29, 1952, 17 F.R. 3813, 66 Stat. c31, terminating the national emergencies proclaimed on September 8, 1939, and May 27, 1941, and set out as a note preceding section 1 of the Appendix to this title, such treaty came into force on Apr. 28, 1952. -CROSS- CROSS REFERENCES Establishment of the National Security Council and the Central Intelligence Agency, see section 401 et seq. of this title. Lease of buildings in time of war, see sections 4780 and 9780 of Title 10, Armed Forces. Proclamations, etc., respecting war and neutrality, see notes preceding section 1 of Appendix to this title. ------DocID 10455 Document 2 of 1268------ -CITE- 7 USC CHAPTER 50 -EXPCITE- TITLE 7 CHAPTER 50 -HEAD- CHAPTER 50 - AGRICULTURAL CREDIT -MISC1- Sec. 1921. Congressional findings. SUBCHAPTER I - REAL ESTATE LOANS 1922. Persons eligible for loans. 1923. Purposes of loans. (a) Preferences. (b) Definitions. 1924. Additional purposes of loans. (a) Land and water development, use, and conservation financing. (b) Rural enterprise financing. (c) Waste pollution abatement facilities financing. (d) Soil and water conservation and protection. 1925. Limitation on amount of loan. 1926. Water and waste facility loans and grants. (a) Criteria; definitions; limitation on allowable uses of Federal funds; inclusion of interest or other income in gross income on sale of insured loan. (b) Curtailment or limitation of service prohibited. (c) Repealed. (d) Carryover of unused authorizations for appropriations. 1926-1. Water and waste facility financing. (a) Authority. (b) Limitation. (c) Priority. (d) Coordination. (e) Terms. (f) Private sector capital. (g) Appropriations. (h) Repayment. (i) Full use. (j) Replenishment of water and waste facility fund. 1926a. Emergency community water assistance grant program. (a) In general. (b) Priority. (c) Eligibility. (d) Uses. (e) Restrictions. (f) Maximum grants. (g) Full funding. (h) Application. (i) Authorization of appropriations. 1926b. Emergency community water assistance grant program. (a) In general. (b) Priority. (c) Eligibility. (d) Uses. (e) Restrictions. (f) Maximum grants. (g) Full funding. (h) Application. (i) Limitations on authorization of appropriations. 1926c. Water and waste facility loans and grants to alleviate health risks. (a) Loans and grants to persons other than individuals. (b) Loans and grants to individuals. (c) Preference. (d) 'Cooperative' defined. (e) Limitations on authorization of appropriations. 1927. Repayment requirements. (a) Period of repayment; interest rates. (b) Payment of charges; prepayment of taxes and insurance. (c) Mortgages, liens, and other security. (d) Mineral rights as collateral. (e) Additional collateral. 1927a. Loan interest rates charged by Farmers Home Administration; grant funds associated with loans. 1928. Insurance of loans, servicing and purchase of loans; retention of charges out of payments; full faith and credit of United States; incontestability. 1929. Agricultural Credit Insurance Fund. (a) Revolving fund. (b) Deposits of funds; investments; purchase of notes. (c) Notes; form and denominations; maturities; terms and conditions; interest rate; purchase by Treasury; public debt transaction. (d) Notes and security as part of fund; collection or sale of notes; deposit of net proceeds in fund. (e) Deposit in fund of portion of charge on outstanding principal obligations; availability of remainder of charge, and merger with appropriations, for administrative expenses. (f) Utilization of fund. (g) Transfer of funds from Farmers Home Administration direct loan account and Emergency Credit Revolving Fund; abolition of such account and fund; payments from Agricultural Credit Insurance Fund; interest. (h) Guaranteed loans. 1929a. Rural Development Insurance Fund (a) Creation; revolving fund; rural development loans. (b) Transfer of assets and liabilities. (c) Credits in the Treasury; investments; notes, purchasing authority of the Secretary. (d) Notes, issuing authority of the Secretary; use of funds; terms and conditions, form, denominations, maturities, and interest rate of notes; notes, purchasing authority of the Secretary of the Treasury; public debt transactions. (e) Notes and security as part of Insurance Fund; collection and sale of notes and other obligations; deposit of net proceeds in Insurance Fund. (f) Deposit of loan service charges in Insurance Fund. (g) Use of Insurance Fund. (h) Gross income; interest or other income on insured loans. 1929b. Purchase of guaranteed portions of loans; terms and conditions; exercise of authorities. 1930. Continued availability of appropriated funds for direct real estate loans to farmers and ranchers. 1931. Insured watershed and resource conservation and development loans. 1932. Rural industrialization assistance. (a) Loans for private business enterprises; pollution abatement and control; aquaculture; solar energy; loan guarantees. (b) Grants for pollution abatement and control projects; limitations. (c) Grants for private business enterprises; limitation. (d) Joint loans or grants for private business enterprises; restrictions; system of certification for expeditious processing of requests for assistance; prior approval of grant or loan; equity investment as condition for loan commitment; issuance of certificates of beneficial ownership of notes. (e) Construction or improvement of subterminal facilities. (f) Grants for centers of rural technology and cooperative development. (g) Prevention of excessive unemployment or underemployment. (h) Grants to defray administrative costs. (i) Loans for business telecommunications partnerships. 1933. Guaranteed rural housing loans; Hawaiian home lands. 1934. Low-income farm ownership loan program; eligibility; repayment requirements. SUBCHAPTER II - OPERATING LOANS 1941. Persons eligible for loans. (a) Requirements. (b) Rural youths in 4-H Clubs, Future Farmers of America, etc. (c) Restriction on eligibility. 1942. Purposes of loans; grants for pollution abatement and control projects, limitations; nonsupervised accounts. 1943. Limitations and prohibitions on loans. 1944. Soil conservation district loans; limitation; purchase of conservation equipment. 1945. Participating loans. 1946. Liability of borrower; determination of interest rates; payment period; consolidation and rescheduling of loans. 1947. Insured operating loans. SUBCHAPTER III - EMERGENCY LOANS 1961. Eligibility for loans. (a) Persons eligible. (b) Persons ineligible. (c) Family farm system. (d) Definitions. 1962. Loan determination factors; written credit declinations. 1963. Purpose and extent of loans. 1964. Loan limitation, interest rates and subsidies, and repayment; grant eligibility. (a) Limitation on loans. (b) Interest rates. (c) Interest subsidies. (d) Repayment; security; repayment period extension; review. (e) Grant eligibility. 1965. Repealed. 1966. Emergency Credit Revolving Fund utilization. 1967. Addition to Emergency Credit Revolving Fund of sums from liquidation of loans; authorization of appropriations. 1968. Insurance of loans. 1969. Repealed. 1970. Eligibility for assistance based on production loss. 1971. Repealed. SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS 1981. Farmers Home Administration; appointment and compensation of Administrator; transfer of powers, duties, and assets pertaining to agricultural credit; powers of Secretary of Agriculture. 1981a. Loan moratorium and policy on foreclosures. 1981b. Farm loan interest rates. 1981c. Oil and gas royalty payments on loans. 1981d. Notice of loan service programs. (a) Requirement. (b) Contents. (c) Contained in regulations. (d) Timing. (e) Consideration of borrowers for loan service programs. 1981e. Planting and production history guidelines. 1981f. Underwriting forms and standards. 1982. County committees. (a) Election and appointment; term; alternates; removal for cause; regulations. (b) Compensation; travel expenses. (c) Meetings; quorum; procedure; duties; supplies; personnel. (d) Training of committee members. 1983. Special conditions and limitations on loans. 1983a. Prompt approval of loans and loan guarantees. (a) Applications; time for action by Secretary; notice; statement of reasons. (b) Loan proceeds; time for receipt. (c) Reconsideration of applications; time for action by Secretary. (d) Approved lender designation applications; time for decision by Secretary. (e) Processing loan applications; personnel and other resources made available; use of authorities of law. 1983b. Appeals. (a) Regulations; notice of decision; opportunity for meeting and hearing. (b) Time for notice to appellant; minimization of formal appeals. (c) Appellant's rights; inspection and reproduction of personal file and payment of reasonable costs; representation. (d) National appeals division. (e) Hearing officers; hearings: recordation, transcript, and record. (f) Direction, control, and administrative support of hearing officers. (g) Resources, personnel, and funding of national appeals division. 1983c. Provision of information to borrowers. (a) In general. (b) Construction of section. 1984. Taxation. 1985. Security servicing; operation or lease of realty; disposition of surplus property; conveyance of complete interest of United States; easements; condemnations; farmland sales and leases: management contracts, installments, selection of purchasers, subdivisions, announcements, conservation practices, and adverse effects prohibition; normal security income; conservation easements on wetlands on inventoried property. 1986. Conflicts of interests. (a) Acceptance of fees, commissions, gifts, or other considerations prohibited. (b) Acquisition of interest in land by certain officers or employees of Department of Agriculture prohibited; 3-year period. (c) Certifications on loans to family members prohibited. (d) Penalties. 1987. Debt adjustment and credit counseling; 'summary period' defined; loan summary statements. 1988. Appropriations. (a) Authorization. (b) Notes; form and denominations; maturities; terms and conditions; interest rate; purchase by Treasury; public debt transaction. (c) Farmers Home Administration direct loan account; deposits; liabilities; obligations; expenditures; net expenditure basis of budgeting. (d) Sale of notes and mortgages. (e) Distribution of real estate loans among States. (f) Sale by lender and any holder of guaranteed portion of loan pursuant to regulations governing such sales; limitations; issuance of pool certificates representing ownership of guaranteed portion of guaranteed loan; terms and conditions, etc.; reporting requirements. 1989. Rules and regulations; delegation of powers. 1990. Transfer of lands to Secretary. 1991. Definitions. 1992. Loan limitations. 1993. Testimony before Congressional committees. 1994. Maximum amounts for loans authorized; long-term cost projections. (a) Maximum aggregate principal amounts for loans authorized. (b) Maximum amounts for loans under Agricultural Credit Insurance Fund for fiscal years 1991 through 1995. (c) Development of long-term cost projections for loan program authorizations. (d) Low-income, limited-resource borrowers. 1995. Participation and financial and technical assistance by other Federal departments, etc. to program participants. 1996. Loans to resident aliens. 1997. Conservation easements. (a) Definitions. (b) Duration; purposes. (c) Property requirements. (d) Terms and conditions. (e) Purchase; limitation upon cancellation or prepayment. (f) Consultations with Director of Fish and Wildlife Service. (g) Enforcement. (h) Loans made after December 23, 1985; cancellation not subject to easement provisions. 1998. Guaranteed farm loan programs. 1999. Interest rate reduction program. (a) Establishment and execution. (b) Contracts with lenders. (c) Payments to lenders. (d) Duration of contracts. (e) Agricultural Credit Insurance Fund use limitation. (f) List of approved lender participants in guaranteed loan program. (g) Foreclosure action provision in farm loan guarantees. (h) Demonstration project for purchase of System land. 2000. Homestead protection. (a) Definitions. (b) Occupancy of homestead upon foreclosure, bankruptcy, or liquidation; appraisal; period of occupancy. (c) Terms and conditions. (d) First right of refusal of reacquisition. (e) Value as measure of reacquisition payment of principal. (f) Contract authority. (g) Conflict between Federal and State law. 2001. Debt restructuring and loan servicing. (a) In general. (b) Eligibility. (c) Restructuring determinations. (d) Principal and interest write-down. (e) Shared appreciation arrangements. (f) Determination to restructure. (g) Prerequisites to foreclosure or liquidation. (h) Time limits for restructuring. (i) Notice of ineligibility for restructuring. (j) Independent appraisals. (k) Future creditworthiness of borrower determined without regard to restructuring. (l) Partial liquidations. (m) Disposition of normal income security. (n) Only 1 write-down or net recovery buy-out per borrower for loan made after January 6, 1988. (o) Liquidation of assets. (p) Lifetime limitation on debt forgiveness per borrower. 2001a. Debt restructuring and loan servicing for community facility loans. 2002. Transfer of inventory lands. 2003. Target participation rates. (a) Establishment. (b) Reservation and allocation. (c) Operating loans. (d) Report. (e) Definitions. 2004. Expedited clearing of title to inventory property. 2005. Payment of losses on guaranteed loans. (a) Payments to lenders. (b) Administration. 2006. Waiver of mediation rights by borrowers. 2006a. Borrower training. (a) In general. (b) Contract. (c) Eligibility for loans. (d) Guidelines and curriculum. (e) Payment. (f) Waivers. 2006b. Loan assessments. (a) In general. (b) Determinations. (c) Contract. (d) Review of loans. (e) Guidelines. 2006c. Supervised credit. 2006d. Market placement. 2006e. Prohibition on use of loans for certain purposes. 2006f. Rural development administration. (a) Establishment. (b) Administration. (c) Exceptions. (d) References. (e) Effect on pending proceedings and parties to such proceedings. (f) Compensation of Administrator. 2007. General provisions. (a) Application for participation. (b) Selection of States. (c) Duration of projects. (d) Effective date. 2007a. Definitions. 2007b. Rural Partnerships Investment Board. (a) Establishment. (b) Board of Directors. (c) Powers of Investment Board. 2007c. Establishment of investment fund. (a) Establishment. (b) Use. (c) Applications of eligible entities for lines of credit. (d) Limitation on authorization of appropriations. (e) Relocation and refinancing. 2007d. Local revolving funds. (a) Establishment. (b) Use of fund. (c) Decisions concerning funding. (d) Requirement of partnerships for loans or investments. (e) Investment size limits. (f) Subordinated interest of local revolving fund. (g) Other investors. (h) Additional capital. (i) Continuation of line of credit. (j) Continuation of business promotion activities. (k) Development of monitoring procedures. (l) Refund of funds. (m) Annual reports to Board. (n) Termination of Board. 2007e. Compliance and enforcement. (a) Revocation or cancellation of line of credit and refund. (b) Investigations and examinations. (c) Injunctions or other orders. (d) Unlawful acts and omissions by officers, directors, employees, or agents. (e) Penalties and forfeitures. (f) Jurisdiction and service of process. (g) Substitution of Secretary. (h) Revocation, suspension, or termination. 2008. System for delivery of certain rural development programs. (a) In general. (b) Definitions. (c) Duties of Secretary. (d) Official information. (e) Allocation of appropriated funds. (f) Inapplicability of Federal Advisory Committee Act. (g) No liability of members of State rural economic development review panels. (h) Eligibility for water and waste facility loans. 2008a. State rural economic development review panel. (a) In general. (b) Duties. (c) Membership. (d) Notification. (e) Qualifications of panel members appointed by Governor. (f) Vacancies. (g) Chairperson and vice chairperson. (h) No compensation for Federal members. (i) Rules governing panel meetings. 2008b. Limited transfer authority of loan amounts. (a) Transfer of funds. (b) Limitation on loan amounts transferred. 2008c. Allocation and transfer of loan guarantee authority. (a) Allocation of loan guarantee authority. (b) Transfer of loan guarantee authority. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 940, 2279 of this title; title 12 sections 2219d, 2279aa; title 15 section 636; title 16 sections 3811, 3821; title 21 section 889; title 38 section 1811; title 40 App. sections 204, 214; title 42 sections 8813, 9817. ------DocID 17086 Document 3 of 1268------ -CITE- 14 USC Sec. 50 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 50. Area commanders -STATUTE- (a) The President may appoint, by and with the advice and consent of the Senate, a Commander, Atlantic Area, and a Commander, Pacific Area, each of whom shall be an intermediate commander between the Commandant and the district commanders in his respective area and shall perform such duties as the Commandant may prescribe. The area commanders shall be appointed from officers on the active duty promotion list serving above the grade of captain. The Commandant shall make recommendations for such appointments. (b) An area commander shall, while so serving, have the grade of vice admiral with pay and allowances of that grade. The appointment of an area commander is effective on the date the officer assumes that duty, and terminates on the date he is detached from that duty. -SOURCE- (Added Pub. L. 92-451, Sec. 1(5), Oct. 2, 1972, 86 Stat. 755.) -MISC1- EFFECTIVE DATE Section 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 an Effective Date of 1972 Amendment note under section 290 of this title. ------DocID 17491 Document 4 of 1268------ -CITE- 15 USC Sec. 50 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 50. Offenses and penalties -STATUTE- Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry or to produce any documentary evidence, if in his power to do so, in obedience to an order of a district court of the United States directing compliance with the subpoena or lawful requirement of the Commission, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $1,000 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. Any person who shall willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under this subchapter, or who shall willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any person, partnership, or corporation subject to this subchapter, or who shall willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of such person, partnership, or corporation, or who shall willfully remove out of the jurisdiction of the United States, or willfully mutilate, alter, or by any other means falsify any documentary evidence of such person, partnership, or corporation, or who shall willfully refuse to submit to the Commission or to any of its authorized agents, for the purpose of inspection and taking copies, any documentary evidence of such person, partnership, or corporation in his possession or within his control, shall be deemed guilty of an offense against the United States, and shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not less than $1,000 nor more than $5,000, or to imprisonment for a term of not more than three years, or to both such fine and imprisonment. If any persons, partnership, or corporation required by this subchapter to file any annual or special report shall fail so to do within the time fixed by the Commission for filing the same, and such failure shall continue for thirty days after notice of such default, the corporation shall forfeit to the United States the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the case of a corporation or partnership in the district where the corporation or partnership has its principal office or in any district in which it shall do business, and in the case of any person in the district where such person resides or has his principal place of business. It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of the forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. Any officer or employee of the Commission who shall make public any information obtained by the Commission without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $5,000, or by imprisonment not exceeding one year, or by fine and imprisonment, in the discretion of the court. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 10, 38 Stat. 723; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Jan. 4, 1975, Pub. L. 93-637, title II, Sec. 203(c), 88 Stat. 2199; May 28, 1980, Pub. L. 96-252, Sec. 6, 94 Stat. 376.) -MISC1- AMENDMENTS 1980 - First par. Pub. L. 96-252 inserted 'any' after 'produce' and 'an order of a district court of the United States directing compliance with' after 'obedience to'. 1975 - Second par. Pub. L. 93-637, Sec. 203(c)(1), substituted 'person, partnership, or corporation' for 'corporation' wherever appearing. Third par. Pub. L. 93-637, Sec. 203(c)(2), substituted 'If any persons, partnership, or corporation' for 'If any corporation', and 'in the case of a corporation or partnership in the district where the corporation or partnership has its principal office or in any district in which it shall do business, and in the case of any person in the district where such person resides or has his principal place of business' for 'in the district where the corporation has its principal office or in any district in which it shall do business'. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorneys' for 'district attorneys'. See section 541 et seq. of Title 28, Judiciary and Judicial Procedure. -MISC4- EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-252 effective May 28, 1980, see section 23 of Pub. L. 96-252, set out as a note under section 45 of this title. -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 CRIMINAL PROCEDURE Subpoena, see rule 17, Title 18, Appendix, Crimes and Criminal Procedure. 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. Dissemination of false advertisements - Penalty for, see section 54 of this title. Unlawfulness of, see section 52 of this title. Fraud and false statements, see section 1001 et seq. of Title 18, Crimes and Criminal Procedure. Hearings and investigations under Fair Labor Standards Act, application, see section 209 of Title 29, Labor. Jurisdiction, powers and duties of Secretary of Agriculture in enforcing the provisions of the Packers and Stockyards Act, application of this section to, see section 222 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in 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, 1862, 2004; title 33 sections 907, 944; title 50 App. 1983. ------DocID 17792 Document 5 of 1268------ -CITE- 15 USC Sec. 80a-50 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-50. Separability -STATUTE- If any provision of this subchapter or any provision incorporated in this subchapter by reference, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this subchapter and the application of any such provision to person or circumstances other than those as to which it is held invalid shall not be affected thereby. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 51, 54 Stat. 846.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18999 Document 6 of 1268------ -CITE- 15 USC CHAPTER 50 -EXPCITE- TITLE 15 CHAPTER 50 -HEAD- CHAPTER 50 - CONSUMER PRODUCT WARRANTIES -MISC1- Sec. 2301. Definitions. 2302. Rules governing contents of warranties. (a) Full and conspicuous disclosure of terms and conditions; additional requirements for contents. (b) Availability of terms to consumer; manner and form for presentation and display of information; duration; extension of period for written warranty or service contract. (c) Prohibition on conditions for written or implied warranty; waiver by Commission. (d) Incorporation by reference of detailed substantive warranty provisions. (e) Applicability to consumer products costing more than $5. 2303. Designation of written warranties. (a) Full (statement of duration) or limited warranty. (b) Applicability of requirements, standards, etc., to representations or statements of customer satisfaction. (c) Exemptions by Commission. (d) Applicability to consumer products costing more than $10 and not designated as full warranties. 2304. Federal minimum standards for warranties. (a) Remedies under written warranty; duration of implied warranty; exclusion or limitation on consequential damages for breach of written or implied warranty; election of refund or replacement. (b) Duties and conditions imposed on consumer by warrantor. (c) Waiver of standards. (d) Remedy without charge. (e) Incorporation of standards to products designated with full warranty for purposes of judicial actions. 2305. Full and limited warranting of a consumer product. 2306. Service contracts; rules for full, clear and conspicuous disclosure of terms and conditions; addition to or in lieu of written warranty. 2307. Designation of representatives by warrantor to perform duties under written or implied warranty. 2308. Implied warranties. (a) Restrictions on disclaimers or modifications. (b) Limitation on duration. (c) Effectiveness of disclaimers, modifications, or limitations. 2309. Procedures applicable to promulgation of rules by Commission. (a) Oral presentation. (b) Warranties and warranty practices involved in sale of used motor vehicles. 2310. Remedies in consumer disputes. (a) Informal dispute settlement procedures; establishment; rules setting forth minimum requirements; effect of compliance by warrantor; review of informal procedures or implementation by Commission; application to existing informal procedures. (b) Prohibited acts. (c) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions; procedures; definitions. (d) Civil action by consumer for damages, etc.; jurisdiction; recovery of costs and expenses; cognizable claims. (e) Class actions; conditions; procedures applicable. (f) Warrantors subject to enforcement of remedies. 2311. Applicability to other laws. (a) Federal Trade Commission Act and Federal Seed Act. (b) Rights, remedies, and liabilities. (c) State warranty laws. (d) Other Federal warranty laws. 2312. Effective dates. (a) Effective date of chapter. (b) Effective date of section 2302(a). (c) Promulgation of rules. ------DocID 19700 Document 7 of 1268------ -CITE- 16 USC Sec. 50 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 50. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028 -MISC1- Section, Joint Res. June 11, 1906, No. 27, Sec. 3, 34 Stat. 832, related to disposition of revenues from privileges. ------DocID 21432 Document 8 of 1268------ -CITE- 16 USC Sec. 460uu-50 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-50. Authorization of appropriations -STATUTE- There is authorized to be appropriated $16,500,000 for the purposes of this subchapter, of which $10,000,000 shall be available for land acquisition in the national monument; $1 million shall be available for development within the national monument; $4 million shall be available for land acquisition within the conservation area; $1 million shall be available for development within the conservation area; and $500,000 shall be available for planning and development of the Masau Trail. -SOURCE- (Pub. L. 100-225, title V, Sec. 510, Dec. 31, 1987, 101 Stat. 1549.) ------DocID 23287 Document 9 of 1268------ -CITE- 16 USC CHAPTER 50 -EXPCITE- TITLE 16 CHAPTER 50 -HEAD- CHAPTER 50 - CHESAPEAKE BAY RESEARCH COORDINATION ------DocID 24180 Document 10 of 1268------ -CITE- 18 USC CHAPTER 50 -EXPCITE- TITLE 18 PART I CHAPTER 50 -HEAD- CHAPTER 50 - GAMBLING -MISC1- Sec. 1081. Definitions. 1082. Gambling ships. 1083. Transportation between shore and ship; penalties. 1084. Transmission of wagering information; penalties. HISTORICAL AND REVISION NOTES This section (section 23 of act May 24, 1949) inserts a new chapter 50 (secs. 1081-1083) in title 18, U.S.C., incorporating, with slight changes in phraseology, most of the provisions of act of April 27, 1948 (ch. 235, 62 Stat. 200), which was not incorporated in title 18 when the revision was enacted. Subsection (e) of section 1 of such act, defining 'United States', when used in a geographical sense, was omitted as covered by section 5 of such title 18. Section 4 of such act, which provided that nothing in such act 'shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof, or to preclude action, otherwise valid, by any State or Territory with respect to the navigable waters within the boundaries of such State or Territory', was omitted as surplusage and unnecessary. AMENDMENTS 1961 - Pub. L. 87-216, Sec. 3, Sept. 13, 1961, 75 Stat. 491, added item 1084. 1949 - Act May 24, 1949, ch. 139, Sec. 23, 63 Stat. 92, added chapter 50 and items 1081 to 1083. ------DocID 25141 Document 11 of 1268------ -CITE- 18 USC Rule 50 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 50. Calendars; Plans for Prompt Disposition -STATUTE- (a) Calendars. The district courts may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable. (b) Plans for Achieving Prompt Disposition of Criminal Cases. To minimize undue delay and to further the prompt disposition of criminal cases, each district court shall conduct a continuing study of the administration of criminal justice in the district court and before United States magistrates of the district and shall prepare plans for the prompt disposition of criminal cases in accordance with the provisions of Chapter 208 of Title 18, United States Code. -SOURCE- (As amended Apr. 24, 1972, eff. Oct. 1, 1972; Mar. 18, 1974, eff. July 1, 1974; Apr. 26 and July 8, 1976, eff. Aug. 1, 1976.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule is a restatement of the inherent residual power of the court over its own calendars, although as a matter of practice in most districts the assignment of criminal cases for trial is handled by the United States attorney. Cf. Federal Rules of Civil Procedure, Rules 40 and 78 (28 U.S.C., Appendix). The direction that preference shall be given to criminal proceedings as far as practicable is generally recognized as desirable in the orderly administration of justice. NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT The addition to the rule proposed by subdivision (b) is designed to achieve the more prompt disposition of criminal cases. Preventing undue delay in the administration of criminal justice has become an object of increasing interest and concern. This is reflected in the Congress. See, e.g., 116 Cong.Rec. S7291-97 (daily ed. May 18, 1970) (remarks of Senator Ervin). Bills have been introduced fixing specific time limits. See S. 3936, H.R. 14822, H.R. 15888, 91st Cong., 2d Sess. (1970). Proposals for dealing with the problem of delay have also been made by the President's Commission on Law Enforcement and Administration of Justice, Task Force Report: The Courts (1967) especially pp. 84-90, and by the American Bar Association Project on Standards for Criminal Justice, Standards Relating to Speedy Trial (Approved Draft, 1968). Both recommend specific time limits for each stage in the criminal process as the most effective way of achieving prompt disposition of criminal cases. See also Note, Nevada's 1967 Criminal Procedure Law from Arrest to Trial: One State's Response to a Widely Recognized Need, 1969 Utah L.Rev. 520, 542 no. 114. Historically, the right to a speedy trial has been thought of as a protection for the defendant. Delay can cause a hardship to a defendant who is in custody awaiting trial. Even if afforded the opportunity for pretrial release, a defendant nonetheless is likely to suffer anxiety during a period of unwanted delay, and he runs the risk that his memory and those of his witnesses may suffer as time goes on. Delay can also adversely affect the prosecution. Witnesses may lose interest or disappear or their memories may fade thus making them more vulnerable to cross-examination. See Note, The Right to a Speedy Criminal Trial, 57 Colum.L.Rev. 846 (1957). There is also a larger public interest in the prompt disposition of criminal cases which may transcend the interest of the particular prosecutor, defense counsel, and defendant. Thus there is need to try to expedite criminal cases even when both prosecution and defense may be willing to agree to a continuance or continuances. It has long been said that it is the certain and prompt imposition of a criminal sanction rather than its severity that has a significant deterring effect upon potential criminal conduct. See Banfield and Anderson, Continuances in the Cook County Criminal Courts, 35 U.Chi.L.Rev. 259, 259-63 (1968). Providing specific time limits for each stage of the criminal justice system is made difficult, particularly in federal courts, by the widely varying conditions which exist between the very busy urban districts on the one hand and the far less busy rural districts on the other hand. In the former, account must be taken of the extremely heavy caseload, and the prescription of relatively short time limits is realistic only if there is provided additional prosecutorial and judicial manpower. In some rural districts, the availability of a grand jury only twice a year makes unrealistic the provision of short time limits within which an indictment must be returned. This is not to say that prompt disposition of criminal cases cannot be achieved. It means only that the achieving of prompt disposition may require solutions which vary from district to district. Finding the best methods will require innovation and experimentation. To encourage this, the proposed draft mandates each district court to prepare a plan to achieve the prompt disposition of criminal cases in the district. The method prescribed for the development and approval of the district plans is comparable to that prescribed in the Jury Selection and Service Act of 1968, 28 U.S.C. Sec. 1863(a). Each plan shall include rules which specify time limits and a means for reporting the status of criminal cases. The appropriate length of the time limits is left to the discretion of the individual district courts. This permits each district court to establish time limits that are appropriate in light of its criminal caseload, frequency of grand jury meetings, and any other factors which affect the progress of criminal actions. Where local conditions exist which contribute to delay, it is contemplated that appropriate efforts will be made to eliminate those conditions. For example, experience in some rural districts demonstrates that grand juries can be kept on call thus eliminating the grand jury as a cause for prolonged delay. Where manpower shortage is a major cause for delay, adequate solutions will require congressional action. But the development and analysis of the district plans should disclose where manpower shortages exist; how large the shortages are; and what is needed, in the way of additional manpower, to achieve the prompt disposition of criminal cases. The district court plans must contain special provision for prompt disposition of cases in which there is reason to believe that the pretrial liberty of a defendant poses danger to himself, to any other person, or to the community. Prompt disposition of criminal cases may provide an alternative to the pretrial detention of potentially dangerous defendants. See 116 Cong.Rec. S7291-97 (daily ed. May 18, 1970) (remarks of Senator Ervin). Prompt disposition of criminal cases in which the defendant is held in pretrial detention would ensure that the deprivation of liberty prior to conviction would be minimized. Approval of the original plan and any subsequent modification must be obtained from a reviewing panel made up of one judge from the district submitting the plan (either the chief judge or another active judge appointed by him) and the members of the judicial council of the circuit. The makeup of this reviewing panel is the same as that provided by the Jury Selection and Service Act of 1968, 28 U.S.C. Sec. 1863(a). This reviewing panel is also empowered to direct the modification of a district court plan. The Circuit Court of Appeals for the Second Circuit recently adopted a set of rules for the prompt disposition of criminal cases. See 8 Cr.L. 2251 (Jan. 13, 1971). These rules, effective July 5, 1971, provide time limits for the early trial of high risk defendants, for court control over the granting of continuances, for criteria to control continuance practice, and for sanction against the prosecution or defense in the event of noncompliance with prescribed time limits. NOTES OF ADVISORY COMMITTEE ON RULES - 1974 AMENDMENT The amendment designates the first paragraph of Rule 50 as subdivision (a) entitled 'Calendars,' in view of the recent addition of subdivision (b) to the rule. NOTES OF ADVISORY COMMITTEE ON RULES - 1976 AMENDMENT This amendment to rule 50(b) takes account of the enactment of The Speedy Trial Act of 1974, 18 U.S.C. Sec. 3152-3156, 3161-3174. As the various provisions of the Act take effect, see 18 U.S.C. Sec. 3163, they and the district plans adopted pursuant thereto will supplant the plans heretofore adopted under rule 50(b). The first such plan must be prepared and submitted by each district court before July 1, 1976. 18 U.S.C. Sec. 3165(e)(1). That part of rule 50(b) which sets out the necessary contents of district plans has been deleted, as the somewhat different contents of the plans required by the Act are enumerated in 18 U.S.C. Sec. 3166. That part of rule 50(b) which describes the manner in which district plans are to be submitted, reviewed, modified and reported upon has also been deleted, for these provisions now appear in 18 U.S.C. Sec. 3165(c) and (d). -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. -MISC4- EFFECTIVE DATE OF 1976 AMENDMENT Amendment of subd. (b) by the order of the United States Supreme Court of Apr. 26, 1976, effective Aug. 1, 1976, see section 1 of Pub. L. 94-349, July 8, 1976, 90 Stat. 822, set out as a note under section 3771 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Court calendars for jury and non-jury actions, see rule 79, Title 28, Appendix, Judiciary and Judicial Procedure. Trial calendar, see rule 40. ------DocID 25182 Document 12 of 1268------ -CITE- 19 USC Sec. 50, 51 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 50, 51. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 642, 645, 650 -MISC1- Section 50, acts Aug. 24, 1912, ch. 355, Sec. 8, 37 Stat. 487; June 6, 1939, ch. 185, 53 Stat. 810, authorized collectors of customs to administer oaths to expense accounts. Section 51, act Mar. 4, 1923, ch. 251, Sec. 7, 42 Stat. 1454, provided limitations on compensation. ADDITIONAL REPEAL Section 51 was additionally repealed by Pub. L. 91-271, title III, Sec. 321(j), June 2, 1970, 84 Stat. 293. ------DocID 26100 Document 13 of 1268------ -CITE- 20 USC Sec. 50 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 50. Reception and arrangement of specimens and objects of art -STATUTE- Whenever suitable arrangements can be made from time to time for their reception, all objects of art and of foreign and curious research, and all objects of natural history, plants, and geological and mineralogical specimens belonging to the United States, which may be in the city of Washington, in whosesoever custody they may be, shall be delivered to such persons as may be authorized by the Board of Regents to receive them, and shall be so arranged and classified in the building erected for the institution as best to facilitate the examination and study of them; and whenever new specimens in natural history, geology, or mineralogy are obtained for the museum of the institution, by exchanges of duplicate specimens, which the Regents may in their discretion make, or by donation, which they may receive, or otherwise, the Regents shall cause such new specimens to be appropriately classed and arranged. The minerals, books, manuscripts, and other property of James Smithson, which have been received by the Government of the United States, shall be preserved separate and apart from other property of the institution. -SOURCE- (R.S. Sec. 5586.) -COD- CODIFICATION R.S. Sec. 5586 derived from act Aug. 10, 1846, ch. 178, Sec. 6, 9 Stat. 105. -MISC3- EAST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY BUILDING Pub. L. 101-455, Oct. 24, 1990, 104 Stat. 1067, provided that: 'SECTION 1. ADDITIONAL SPACE IN NATIONAL MUSEUM OF NATURAL HISTORY. 'The Board of Regents of the Smithsonian Institution is authorized to plan, design, construct, and equip approximately 80,000 square feet of space in the East Court of the National Museum of Natural History building. 'SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 'There is authorized to be appropriated to the Smithsonian Institution for fiscal year 1991 not to exceed $30,000,000 to carry out this Act.' CHARLES MCC. MATHIAS, JR. LABORATORY FOR ENVIRONMENTAL RESEARCH Pub. L. 99-617, Sec. 1, Nov. 6, 1986, 100 Stat. 3488, provided that: '(a) Construction Authorization. - The Board of Regents of the Smithsonian Institution is authorized to construct the Charles McC. Mathias, Jr. Laboratory for Environmental Research. '(b) Location. - The Charles McC. Mathias, Jr. Laboratory for Environmental Research shall be located at the Smithsonian Environmental Research Center, a bureau of the Smithsonian Institution, located at Edgewater, Maryland. '(c) Authorization of Appropriations. - Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $1,000,000 to carry out the purposes of this section. '(d) Transfer of Funds. - Any portion of the sums appropriated to carry out the purposes of this section may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.' SMITHSONIAN ASTROPHYSICAL OBSERVATORY AND SMITHSONIAN TROPICAL RESEARCH INSTITUTE; AUTHORIZATION OF CONSTRUCTION AND APPROPRIATIONS Pub. L. 99-423, Sept. 30, 1986, 100 Stat. 963, provided: 'That the Board of Regents of the Smithsonian Institution is authorized to plan and construct facilities for the Smithsonian Astrophysical Observatory and the Smithsonian Tropical Research Institute. 'Sec. 2. Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution: '(a) $4,500,000 for the Smithsonian Astrophysical Observatory; and '(b) $11,100,000 for the Smithsonian Tropical Research Institute. 'Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.' FRED LAWRENCE WHIPPLE OBSERVATORY; PURCHASE OF LAND Pub. L. 98-73, Aug. 11, 1983, 97 Stat. 406, provided: 'That the Smithsonian Institution is authorized to purchase land in Santa Cruz County, Arizona, for the permanent headquarters of the Fred Lawrence Whipple Observatory. 'Sec. 2. Effective October 1, 1984, there is authorized to be appropriated $150,000 to carry out the purposes of this Act.' CONSTRUCTION OF NATIONAL MUSEUM OF AFRICAN ART, CENTER FOR EASTERN ART, AND STRUCTURES FOR RELATED EDUCATIONAL FACILITIES Pub. L. 97-203, June 24, 1982, 96 Stat. 129, provided: 'That the Board of Regents of the Smithsonian Institution is authorized to construct a building for the National Museum of African Art and a center for Eastern art together with structures for related educational activities in the area south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street Southwest, in the city of Washington. 'Sec. 2. Effective October 1, 1982, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $36,500,000 to carry out the purposes of this Act (this note). Except for funds obligated or expended for planning, administration, and management expenses, and architectural or other consulting services, no funds appropriated pursuant to this section shall be obligated or expended until such time as there is available to such Board, from private donations or from other non-Federal sources, a sum which, when combined with the funds so appropriated, is sufficient to carry out the purposes of this Act. 'Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act (this note) may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.' SMITHSONIAN INSTITUTION; DEVELOPMENT OF PROPERTY ADJACENT TO ORIGINAL BUILDING Pub. L. 96-36, July 20, 1979, 93 Stat. 94, provided: 'That the Board of Regents of the Smithsonian Institution is authorized to plan for the development of the area south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street, Southwest, in the city of Washington. 'Sec. 2. Effective October 1, 1979, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $500,000 to carry out the purposes of this Act. 'Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.' SMITHSONIAN INSTITUTION PLANS FOR AND CONSTRUCTION OF MUSEUM SUPPORT FACILITIES; APPROVAL OF PLANS AND SPECIFICATIONS; SITUS; TRANSFER OF LAND; APPROPRIATIONS; CONTRACTS BY GENERAL SERVICES ADMINISTRATION Pub. L. 94-98, Sept. 19, 1975, 89 Stat. 480, as amended by Pub. L. 95-569, Nov. 2, 1978, 92 Stat. 2444, provided: 'The Regents of the Smithsonian Institution are authorized to prepare plans for, and to construct, museum support facilities to be used for (1) the care, curation, conservation, deposit, preparation, and study of the national collections of scientific, historic, and artistic objects, specimens, and artifacts; (2) the related documentation of such collections of the Smithsonian Institution; and (3) the training of museum conservators. No appropriation shall be made to construct the facilities authorized by this Act until the Committee on Public Works and Transportation of the House of Representatives and the Committee on Rules and Administration of the Senate, by resolution approve the final plans and specifications of such facilities. 'Sec. 2. The museum support facilities referred to in section 1 shall be located on federally owned land within the metropolitan area of Washington, District of Columbia. Any Federal agency is authorized to transfer land under its jurisdiction to the Smithsonian Institution for such purposes without reimbursement. 'Sec. 3. There is authorized to be appropriated to the Smithsonian Institution $21,500,000 to carry out the purposes of this Act. Any portion of the sums appropriated for such purposes may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.' (Amendment of section 3 of this Act effective Oct. 1, 1979.) NATIONAL MUSEUM The National Museum was not created by any express statutory provision for that purpose. It was first mentioned in an appropriation for postage for 'the National Museum in the Smithsonian Institution,' contained in act June 20, 1874, ch. 328, Sec. 1, 18 Stat. 103. An appropriation for a building for the use of the National Museum was made by act Mar. 3, 1879, ch. 182, Sec. 1, 20 Stat. 397, and annual appropriations have continuously been made for expenses of heating, etc., such building. NATIONAL MUSEUM EXHIBIT Res. Feb. 28, 1922, ch. 86, 42 Stat. 399, authorized Secretary of State to transfer to custody of Secretary of Institution for safekeeping and exhibition in National Museum the sword of George Washington and the staff of Benjamin Franklin, presented by Samuel T. Washington, and the sword of Andrew Jackson, presented by family of General Robert Armstrong. TRANSPORTATION OF PROPERTY Quartermaster-General and his officers were required to receive and transport property for National Museum by a provision of act July 5, 1884, ch. 217, 23 Stat. 107. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title. ------DocID 27894 Document 14 of 1268------ -CITE- 20 USC CHAPTER 50 -EXPCITE- TITLE 20 CHAPTER 50 -HEAD- CHAPTER 50 - NATIONAL CENTER FOR THE STUDY OF AFRO-AMERICAN HISTORY AND CULTURE -MISC1- Sec. 3701. National Afro-American History and Culture Commission. (a) Establishment and membership. (b) Duties. (c) Acquisition and disposal of property. 3702. Organization of Commission. (a) Membership. (b) Terms of office. (c) Membership continuation. (d) Vacancies. (e) Quorum. (f) Voting. (g) Officers. (h) Meetings. (i) Seal; bylaws; rules and regulations. (j) Compensation. (k) Temporary services. (l) Personnel details. (m) Administrative support services. 3703. Report to Congress. ------DocID 28276 Document 15 of 1268------ -CITE- 21 USC Sec. 50 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 50. Regulations -STATUTE- The Secretary of Health and Human Services shall have the power to enforce the provisions of this chapter by appropriate regulations. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 10, 29 Stat. 607; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 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 'Secretary of Health and Human Services' substituted in text for 'Secretary of Health, Education, and Welfare' pursuant to section 509(b) of Pub. L. 96-88, which is classified to section 3508(b) of Title 20, Education. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare (now Health and Human Services), and of Food and Drug Administration to Federal Security Agency, see note set out under section 41 of this title. ------DocID 30736 Document 16 of 1268------ -CITE- 22 USC CHAPTER 50 -EXPCITE- TITLE 22 CHAPTER 50 -HEAD- CHAPTER 50 - INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION -MISC1- Sec. 3501. Congressional statement of policy. 3502. Purposes and establishment; policy guidelines and objectives. 3503. Functions. (a) Assistance, support, etc., activities in United States and developing countries. (b) Review of programs, projects, and other activities; objectives of review. (c) Presidential utilization of additional statutory authorities. (d) Consultation and cooperation with United States and foreign government agencies, and international organizations. (e) Presidential promulgation of coordination procedures concerning other governmental activities. 3504. General authorities; fiscal requirement for authorities. 3505. Director. (a) Appointment; compensation. (b) Exercise of Presidential authority; delegation of authority. 3506. Deputy Director. (a) Appointment; compensation. (b) Duties and powers. (c) Additional positions; establishment by President; compensation. 3507. Council on International Scientific and Technological Cooperation. (a) Establishment. (b) Functions. (c) Advice to Director concerning selection, termination, or change in activities, and transfer of government programs and projects to Institute; review and recommendations respecting new programs and initiatives. (d) Composition; Chairman; appointment, terms, etc., of members. (e) Compensation, reimbursement, status, etc., of nongovernmental members. (f) Executive and additional committees; membership, powers, etc., of Executive Committee. 3508. Fellowships. (a) Authorization; number; duration; renewal; criteria; foreign recipients; designation of recipients as Institute Fellows. (b) Activities of Institute Fellows. (c) Amount of awards; transportation, housing, etc., benefits. (d) Status of Institute Fellows. (e) Admission into United States of alien participants in program. 3509. Conflict of interest; personnel and activities covered. 3510. Authorization of appropriations. 3511. Repealed. 3512. Establishment within International Development Cooperation Agency. 3513. Expiration of statutory authorities. ------DocID 31523 Document 17 of 1268------ -CITE- 24 USC Sec. 48 to 50 -EXPCITE- TITLE 24 CHAPTER 2 -HEAD- Sec. 48 to 50. Repealed. Pub. L. 101-510, div. A, title XV, Sec. 1532(b)(1), (2), Nov. 5, 1990, 104 Stat. 1733 -MISC1- Section 48, act Mar. 3, 1883, ch. 130, Sec. 9, 22 Stat. 565, related to borrowing money on credit of Soldiers' Home. Section 49, R.S. Sec. 4814, 4821, related to persons entitled to membership in and benefits of Soldiers' Home. Section 50, R.S. Sec. 4822, related to persons excluded from benefits of Soldiers' Home. EFFECTIVE DATE OF REPEAL Repeal effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101-510, set out as an Effective Date note under section 401 of this title. ------DocID 31723 Document 18 of 1268------ -CITE- 25 USC Sec. 50 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 50. Repealed. Pub. L. 88-448, title IV, Sec. 402(a)(2), Aug. 19, 1964, 78 Stat. 492 -MISC1- Section, R.S. Sec. 2074, related to holding of two offices. See section 5533 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF REPEAL Repeal effective on first day of first month which begins later than the 90th day following Aug. 19, 1964, see section 403 of Pub. L. 88-448. ------DocID 33572 Document 19 of 1268------ -CITE- 26 USC Sec. 50 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart E -HEAD- Sec. 50. Other special rules -STATUTE- (a) Recapture in case of dispositions, etc. Under regulations prescribed by the Secretary - (1) Early disposition, etc. (A) General rule If, during any taxable year, investment credit property is disposed of, or otherwise ceases to be investment credit property with respect to the taxpayer, before the close of the recapture period, then the tax under this chapter for such taxable year shall be increased by the recapture percentage of the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this subpart with respect to such property. (B) Recapture percentage For purposes of subparagraph (A), the recapture percentage shall be determined in accordance with the following table: --------------------------------------------------------------------- --------------------------------------------------------------------- If the property ceases to be The recapture investment credit property percentage is: within - (i) One full year after placed in 100 service (ii) One full year after the 80 close of the period described in clause (i) (iii) One full year after the 60 close of the period described in clause (ii) (iv) One full year after the 40 close of the period described in clause (iii) (v) One full year after the close 20 of the period described in clause (iv) ------------------------------- (2) Property ceases to qualify for progress expenditures (A) In general If during any taxable year any building to which section 47(d) applied ceases (by reason of sale or other disposition, cancellation or abandonment of contract, or otherwise) to be, with respect to the taxpayer, property which, when placed in service, will be a qualified rehabilitated building, then the tax under this chapter for such taxable year shall be increased by an amount equal to the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero the credit determined under this subpart with respect to such building. (B) Certain excess credit recaptured Any amount which would have been applied as a reduction under paragraph (2) of section 47(b) but for the fact that a reduction under such paragraph cannot reduce the amount taken into account under section 47(b)(1) below zero shall be treated as an amount required to be recaptured under subparagraph (A) for the taxable year during which the building is placed in service. (C) Certain sales and leasebacks Under regulations prescribed by the Secretary, a sale by, and leaseback to, a taxpayer who, when the property is placed in service, will be a lessee to whom the rules referred to in subsection (c)(4) apply shall not be treated as a cessation described in subparagraph (A) to the extent that the amount which will be passed through to the lessee under such rules with respect to such property is not less than the qualified rehabilitation expenditures properly taken into account by the lessee under section 47(d) with respect to such property. (D) Coordination with paragraph (1) If, after property is placed in service, there is a disposition or other cessation described in paragraph (1), then paragraph (1) shall be applied as if any credit which was allowable by reason of section 47(d) and which has not been required to be recaptured before such disposition, cessation, or change in use were allowable for the taxable year the property was placed in service. (E) Special rules Rules similar to the rules of this paragraph shall apply in cases where qualified progress expenditures were taken into account under the rules referred to in section 48(a)(5)(A). (3) Carrybacks and carryovers adjusted In the case of any cessation described in paragraph (1) or (2), the carrybacks and carryovers under section 39 shall be adjusted by reason of such cessation. (4) Subsection not to apply in certain cases Paragraphs (1) and (2) shall not apply to - (A) a transfer by reason of death, or (B) a transaction to which section 381(a) applies. For purposes of this subsection, property shall not be treated as ceasing to be investment credit property with respect to the taxpayer by reason of a mere change in the form of conducting the trade or business so long as the property is retained in such trade or business as investment credit property and the taxpayer retains a substantial interest in such trade or business. (5) Definitions and special rules (A) Investment credit property For purposes of this subsection, the term 'investment credit property' means any property eligible for a credit determined under this subpart. (B) Transfer between spouses or incident to divorce In the case of any transfer described in subsection (a) of section 1041 - (i) the foregoing provisions of this subsection shall not apply, and (ii) the same tax treatment under this subsection with respect to the transferred property shall apply to the transferee as would have applied to the transferor. (C) Special rule Any increase in tax under paragraph (1) or (2) 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. (b) Certain property not eligible No credit shall be determined under this subpart with respect to - (1) Property used outside United States (A) In general Except as provided in subparagraph (B), no credit shall be determined under this subpart with respect to any property which is used predominantly outside the United States. (B) Exceptions Subparagraph (A) shall not apply to any property described in section 168(g)(4). (2) Property used for lodging No credit shall be determined under this subpart with respect to any property which is used predominantly to furnish lodging or in connection with the furnishing of lodging. The preceding sentence shall not apply to - (A) nonlodging commercial facilities which are available to persons not using the lodging facilities on the same basis as they are available to persons using the lodging facilities. (FOOTNOTE 1) (FOOTNOTE 1) So in original. The period probably should be a semicolon. (B) property used by a hotel or motel in connection with the trade or business of furnishing lodging where the predominant portion of the accommodations is used by transients; (C) a certified historic structure to the extent of that portion of the basis which is attributable to qualified rehabilitation expenditures; and (D) any energy property. (3) Property used by certain tax-exempt organization No credit shall be determined under this subpart with respect to any property used by an organization (other than a cooperative described in section 521) which is exempt from the tax imposed by this chapter unless such property is used predominantly in an unrelated trade or business the income of which is subject to tax under section 511. If the property is debt-financed property (as defined in section 514(b)), the amount taken into account for purposes of determining the amount of the credit under this subpart with respect to such property shall be that percentage of the amount (which but for this paragraph would be so taken into account) which is the same percentage as is used under section 514(a), for the year the property is placed in service, in computing the amount of gross income to be taken into account during such taxable year with respect to such property. If any qualified rehabilitated building is used by the tax-exempt organization pursuant to a lease, this paragraph shall not apply for purposes of determining the amount of the rehabilitation credit. (4) Property used by governmental units or foreign persons or entities (A) In general No credit shall be determined under this subpart with respect to any property used - (i) by the United States, any State or political subdivision thereof, any possession of the United States, or any agency or instrumentality of any of the foregoing, or (ii) by any foreign person or entity (as defined in section 168(h)(2)(C)), but only with respect to property to which section 168(h)(2)(A)(iii) applies (determined after the application of section 168(h)(2)(B)). (B) Exception for short-term leases This paragraph and paragraph (3) shall not apply to any property by reason of use under a lease with a term of less than 6 months (determined under section 168(i)(3)). (C) Exception for qualified rehabilitated buildings leased to governments, etc. If any qualified rehabilitated building is leased to a governmental unit (or a foreign person or entity) this paragraph shall not apply for purposes of determining the rehabilitation credit with respect to such building. (D) Special rules for partnerships, etc. For purposes of this paragraph and paragraph (3), rules similar to the rules of paragraphs (5) and (6) of section 168(h) shall apply. (E) Cross reference For special rules for the application of this paragraph and paragraph (3), see section 168(h). (c) Basis adjustment to investment credit property (1) In general For purposes of this subtitle, if a credit is determined under this subpart with respect to any property, the basis of such property shall be reduced by the amount of the credit so determined. (2) Certain dispositions If during any taxable year there is a recapture amount determined with respect to any property the basis of which was reduced under paragraph (1), the basis of such property (immediately before the event resulting in such recapture) shall be increased by an amount equal to such recapture amount. For purposes of the preceding sentence, the term 'recapture amount' means any increase in tax (or adjustment in carrybacks or carryovers) determined under subsection (a). (3) Special rule In the case of any energy credit or reforestation credit - (A) only 50 percent of such credit shall be taken into account under paragraph (1), and (B) only 50 percent of any recapture amount attributable to such credit shall be taken into account under paragraph (2). (4) Recapture of reductions (A) In general For purposes of sections 1245 and 1250, any reduction under this subsection shall be treated as a deduction allowed for depreciation. (B) Special rule for section 1250 For purposes of section 1250(b), the determination of what would have been the depreciation adjustments under the straight line method shall be made as if there had been no reduction under this section. (5) Adjustment in basis of interest in partnership or S corporation The adjusted basis of - (A) a partner's interest in a partnership, and (B) stock in an S corporation, shall be appropriately adjusted to take into account adjustments made under this subsection in the basis of property held by the partnership or S corporation (as the case may be). (d) Certain rules made applicable For purposes of this subpart, rules similar to the rules of the following provisions (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply: (1) Section 46(e) (relating to limitations with respect to certain persons). (2) Section 46(f) (relating to limitation in case of certain regulated companies). (3) Section 46(h) (relating to special rules for cooperatives). (4) Paragraphs (2) and (3) of section 48(b) (relating to special rule for sale-leasebacks). (5) Section 48(d) (relating to certain leased property). (6) Section 48(f) (relating to estates and trusts). (7) Section 48(r) (relating to certain 501(d) organizations). -SOURCE- (Added Pub. L. 101-508, title XI, Sec. 11813(a), Nov. 5, 1990, 104 Stat. 1388-546.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsec. (d), is the date of enactment of Pub. L. 101-508, which was approved Nov. 5, 1990. -MISC2- PRIOR PROVISIONS A prior section 50, Pub. L. 92-178, title I, Sec. 101(a), Dec. 10, 1971, 85 Stat. 498, which related to restoration of credit for investment in certain depreciable property, 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. EFFECTIVE DATE Section 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 an Effective Date of 1990 Amendment note under section 29 of this title. SAVINGS PROVISION For provisions that nothing in this section be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101-508, set out as a note under section 29 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 29, 47, 49, 55, 196, 312, 1371, 1503 of this title. ------DocID 35931 Document 20 of 1268------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 50 -EXPCITE- TITLE 26 APPENDIX TITLE V -HEAD- Rule 50. General Requirements -STATUTE- (a) Form and Content of Motion: An application to the Court for an order shall be by motion in writing, which shall state with particularity the grounds therefor and shall set forth the relief or order sought. The motion shall show that prior notice thereof has been given to each other party or counsel for each other party and shall state whether there is any objection to the motion. If a motion does not include such a statement, the Court will assume that there is an objection to the motion. Unless the Court directs otherwise, motions made during a hearing or trial need not be in writing. The rules applicable to captions, signing, and other matters of form and style of pleadings apply to all written motions. See Rules 23, 32, and 33. (b) Disposition of Motions: A motion may be disposed of in one or more of the following ways, in the discretion of the Court: (1) The Court may take action after directing that a written response be filed. In that event, the motion shall be served upon the opposing party, who shall file such response within such period as the Court may direct. Written response to a motion shall conform to the same requirements of form and style as apply to motions. (2) The Court may take action after directing a hearing, which normally will be held in Washington, D.C. The Court may, on its own motion or upon the written request of any party to the motion, direct that the hearing be held at some other location which serves the convenience of the parties and the Court. (3) The Court may take such action as the Court in its discretion deems appropriate, on such prior notice, if any, which the Court may consider reasonable. The action of the Court may be taken with or without written response, hearing, or attendance of a party to the motion at the hearing. (c) Attendance at Hearings: If a motion is noticed for hearing, then a party to the motion may, prior to or at the time for such hearing, submit a written statement of such party's position together with any supporting documents. Such statement may be submitted in lieu of or in addition to attendance at the hearing. (d) Defects in Pleading: Where the motion or order is directed to defects in a pleading, prompt filing of a proper pleading correcting the defects may obviate the necessity of a hearing thereon. (e) Postponement of Trial: The filing of a motion shall not constitute cause for postponement of a trial. With respect to motions for continuance, see Rule 134. (f) Service of Motions: The rules applicable to service of pleadings apply to service of motions. See Rule 21. ------DocID 36484 Document 21 of 1268------ -CITE- 28 USC (CHAPTER 50 -EXPCITE- TITLE 28 PART III (CHAPTER 50 -HEAD- (CHAPTER 50 - OMITTED) -COD- CODIFICATION Chapter 50, consisting of sections 771 to 775, which was added by Pub. L. 95-598, title II, Sec. 233(a), Nov. 6, 1978, 92 Stat. 2665, and which related to bankruptcy courts, did not become effective pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. ------DocID 37096 Document 22 of 1268------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 50 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VI -HEAD- Rule 50. Motion for a Directed Verdict and for Judgment Notwithstanding the Verdict -STATUTE- (a) Motion for Directed Verdict: When Made; Effect. A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury. (b) Motion for Judgment Notwithstanding the Verdict. Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. Not later than 10 days after entry of judgment, a party who has moved for a directed verdict may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with the party's motion for a directed verdict; or if a verdict was not returned such party, within 10 days after the jury has been discharged, may move for judgment in accordance with the party's motion for a directed verdict. A motion for a new trial may be joined with this motion, or a new trial may be prayed for in the alternative. If a verdict was returned the court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as if the requested verdict had been directed. If no verdict was returned the court may direct the entry of judgment as if the requested verdict had been directed or may order a new trial. (c) Same: Conditional Rulings on Grant of Motion. (1) If the motion for judgment notwithstanding the verdict, provided for in subdivision (b) of this rule, is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for the new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. In case the motion for a new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the appellee on appeal may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court. (2) The party whose verdict has been set aside on motion for judgment notwithstanding the verdict may serve a motion for a new trial pursuant to Rule 59 not later than 10 days after entry of the judgment notwithstanding the verdict. (d) Same: Denial of Motion. If the motion for judgment notwithstanding the verdict is denied, the party who prevailed on that motion may, as appellee, assert grounds entitling the party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment notwithstanding the verdict. If the appellate court reverses the judgment, nothing in this rule precludes it from determining that the appellee is entitled to a new trial, or from directing the trial court to determine whether a new trial shall be granted. -SOURCE- (As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). The present federal rule is changed to the extent that the formality of an express reservation of rights against waiver is no longer necessary. See Sampliner v. Motion Picture Patents Co., 254 U.S. 233, 41 S.Ct. 79, 65 L.Ed. 240 (1920); Union Indemnity Co. v. United States, 74 F.2d 645 (C.C.A.6th, 1935). The requirement that specific grounds for the motion for a directed verdict must be stated settles a conflict in the federal cases. See Simkins, Federal Practice (1934) Sec. 189. Note to Subdivision (b). For comparable state practice upheld under the conformity act, see Baltimore and Carolina Line v. Redman, 295 U.S. 654, 55 S.Ct. 890, 79 L.Ed. 1636 (1935); compare Slocum v. New York Life Ins. Co., 228 U.S. 364, 33 S.Ct. 523, 57 L.Ed. 879, Ann.Cas. 1914D, 1029 (1913). See Northern Ry. Co. v. Page, 274 U.S. 65, 47 S.Ct. 491, 71 L.Ed. 929 (1927), following the Massachusetts practice of alternative verdicts, explained in Thorndike, Trial by Jury in United States Courts, 26 Harv.L.Rev. 732 (1913). See also Thayer, Judicial Administration, 63 U. of Pa.L.Rev. 585, 600-601, and note 32 (1915); Scott, Trial by Jury and the Reform of Civil Procedure, 31 Harv.L.Rev. 669, 685 (1918); Comment, 34 Mich.L.Rev. 93, 98 (1935). NOTES OF ADVISORY COMMITTEE ON RULES - 1963 AMENDMENT Subdivision (a). The practice, after the court has granted a motion for a directed verdict, of requiring the jury to express assent to a verdict they did not reach by their own deliberations serves no useful purpose and may give offense to the members of the jury. See 2B Barron & Holtzoff, Federal Practice and Procedure Sec. 1072, at 367 (Wright ed. 1961); Blume, Origin and Development of the Directed Verdict, 48 Mich.L.Rev. 555, 582-85, 589-90 (1950). The final sentence of the subdivision, added by amendment, provides that the court's order granting a motion for a directed verdict is effective in itself, and that no action need be taken by the foreman or other members of the jury. See Ariz.R.Civ.P. 50(c); cf. Fed.R.Crim.P. 29 (a). No change is intended in the standard to be applied in deciding the motion. To assure this interpretation, and in the interest of simplicity, the traditional term, 'directed verdict,' is retained. Subdivision (b). A motion for judgment notwithstanding the verdict will not lie unless it was preceded by a motion for a directed verdict made at the close of all the evidence. The amendment of the second sentence of this subdivision sets the time limit for making the motion for judgment n.o.v. at 10 days after the entry of judgment, rather than 10 days after the reception of the verdict. Thus the time provision is made consistent with that contained in Rule 59(b) (time for motion for new trial) and Rule 52(b) (time for motion to amend findings by the court). Subdivision (c) deals with the situation where a party joins a motion for a new trial with his motion for judgment n.o.v. or prays for a new trial in the alternative, and the motion for judgment n.o.v. is granted. The procedure to be followed in making rulings on the motion for the new trial, and the consequences of the rulings thereon, were partly set out in Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 253, 61 S.Ct. 189, 85 L.Ed. 147 (1940), and have been further elaborated in later cases. See Cone v. West Virginia Pulp & Paper Co., 330 U.S. 212, 67 S.Ct. 752, 91 L.Ed. 849 (1947); Globe Liquor Co., Inc. v. San Roman, 332 U.S. 571, 68 S.Ct. 246, 92 L.Ed. 177 (1948); Fountain v. Filson, 336 U.S. 681, 69 S.Ct. 754, 93 L.Ed. 971 (1949); Johnson v. New York, N.H. & H.R.R. Co., 344 U.S. 48, 73 S.Ct. 125, 97 L.Ed. 77 (1952). However, courts as well as counsel have often misunderstood the procedure, and it will be helpful to summarize the proper practice in the text of the rule. The amendments do not alter the effects of a jury verdict or the scope of appellate review. In the situation mentioned, subdivision (c)(1) requires that the court make a 'conditional' ruling on the new-trial motion, i.e., a ruling which goes on the assumption that the motion for judgment n.o.v. was erroneously granted and will be reversed or vacated; and the court is required to state its grounds for the conditional ruling. Subdivision (c)(1) then spells out the consequences of a reversal of the judgment in the light of the conditional ruling on the new-trial motion. If the motion for new trial has been conditionally granted, and the judgment is reversed, 'the new trial shall proceed unless the appellate court has otherwise ordered.' The party against whom the judgment n.o.v. was entered below may, as appellant, besides seeking to overthrow that judgment, also attack the conditional grant of the new trial. And the appellate court, if it reverses the judgment n.o.v., may in an appropriate case also reverse the conditional grant of the new trial and direct that judgment be entered on the verdict. See Bailey v. Slentz, 189 F.2d 406 (10th Cir. 1951); Moist Cold Refrigerator Co. v. Lou Johnson Co., 249 F.2d 246 (9th Cir. 1957), cert. denied, 356 U.S. 968, 78 S.Ct. 1008, 2 L.Ed.2d 1074 (1958); Peters v. Smith, 221 F.2d 721 (3d Cir.1955); Dailey v. Timmer, 292 F.2d 824 (3d Cir. 1961), explaining Lind v. Schenley Industries, Inc., 278 F.2d 79 (3d Cir.), cert. denied, 364 U.S. 835, 81 S.Ct. 58, 5 L.Ed.2d 60 (1960); Cox v. Pennsylvania R.R., 120 A.2d 214 (D.C.Mun.Ct.App. 1956); 3 Barron & Holtzoff, Federal Practice and Procedure Sec. 1302.1 at 346-47 (Wright ed. 1958); 6 Moore's Federal Practice 59.16 at 3915 n. 8a (2d ed. 1954). If the motion for a new trial has been conditionally denied, and the judgment is reversed, 'subsequent proceedings shall be in accordance with the order of the appellate court.' The party in whose favor judgment n.o.v. was entered below may, as appellee, besides seeking to uphold that judgment, also urge on the appellate court that the trial court committed error in conditionally denying the new trial. The appellee may assert this error in his brief, without taking a cross-appeal. Cf. Patterson v. Pennsylvania R.R., 238 F.2d 645, 650 (6th Cir. 1956); Hughes v. St. Louis Nat. L. Baseball Club, Inc., 359 Mo. 993, 997, 224 S.W.2d 989, 992 (1949). If the appellate court concludes that the judgment cannot stand, but accepts the appellee's contention that there was error in the conditional denial of the new trial, it may order a new trial in lieu of directing the entry of judgment upon the verdict. Subdivision (c)(2), which also deals with the situation where the trial court has granted the motion for judgment n.o.v., states that the verdict-winner may apply to the trial court for a new trial pursuant to Rule 59 after the judgment n.o.v. has been entered against him. In arguing to the trial court in opposition to the motion for judgment n.o.v., the verdict-winner may, and often will, contend that he is entitled, at the least, to a new trial, and the court has a range of discretion to grant a new trial or (where plaintiff won the verdict) to order a dismissal of the action without prejudice instead of granting judgment n.o.v. See Cone v. West Virginia Pulp & Paper Co., supra, 330 U.S. at 217, 218 67 S.Ct. at 755, 756, 91 L.Ed. 849. Subdivision (c)(2) is a reminder that the verdict-winner is entitled, even after entry of judgment n.o.v. against him, to move for a new trial in the usual course. If in these circumstances the motion is granted, the judgment is superseded. In some unusual circumstances, however, the grant of the new-trial motion may be only conditional, and the judgment will not be superseded. See the situation in Tribble v. Bruin, 279 F.2d 424 (4th Cir. 1960) (upon a verdict for plaintiff, defendant moves for and obtains judgment n.o.v.; plaintiff moves for a new trial on the ground of inadequate damages; trial court might properly have granted plaintiff's motion, conditional upon reversal of the judgment n.o.v.). Even if the verdict-winner makes no motion for a new trial, he is entitled upon his appeal from the judgment n.o.v. not only to urge that that judgment should be reversed and judgment entered upon the verdict, but that errors were committed during the trial which at the least entitle him to a new trial. Subdivision (d) deals with the situation where judgment has been entered on the jury verdict, the motion for judgment n.o.v. and any motion for a new trial having been denied by the trial court. The verdict-winner, as appellee, besides seeking to uphold the judgment, may urge upon the appellate court that in case the trial court is found to have erred in entering judgment on the verdict, there are grounds for granting him a new trial instead of directing the entry of judgment for his opponent. In appropriate cases the appellate court is not precluded from itself directing that a new trial be had. See Weade v. Dichmann, Wright & Pugh, Inc., 337 U.S. 801, 69 S.Ct. 1326, 93 L.Ed. 1704 (1949). Nor is it precluded in proper cases from remanding the case for a determination by the trial court as to whether a new trial should be granted. The latter course is advisable where the grounds urged are suitable for the exercise of trial court discretion. Subdivision (d) does not attempt a regulation of all aspects of the procedure where the motion for judgment n.o.v. and any accompanying motion for a new trial are denied, since the problems have not been fully canvassed in the decisions and the procedure is in some respects still in a formative stage. It is, however, designed to give guidance on certain important features of the practice. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Motions for directed verdict abolished in criminal cases, see rule 29, Title 18, Appendix, Crimes and Criminal Procedure. CROSS REFERENCES Grounds for new trial, see rule 59. Involuntary dismissal at end of plaintiff's case, see rule 41. ------DocID 37481 Document 23 of 1268------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 50 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE VI -HEAD- Rule 50. Motion for a Directed Verdict and for Judgment Notwithstanding the Verdict -STATUTE- (a) Motion for Directed Verdict - When Made - Effect. A party who moves for a directed verdict at the close of evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury. (b) Motion for Judgment Notwithstanding the Verdict. Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. Not later than 30 days after entry of judgment, a party who has moved for a directed verdict may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with the party's motion for a directed verdict; or if a verdict was not returned such party, within 10 days after the jury has been discharged, may move for judgment in accordance with the party's motion for a directed verdict. A motion for a new trial may be joined with this motion, or a new trial may be prayed for in the alternative. If a verdict was returned the court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as if the requested verdict had been directed. If no verdict was returned the court may direct the entry of judgment as if the requested verdict had been directed or may order a new trial. (c) Motion for Judgment Notwithstanding the Verdict - Conditional Rulings on Grant of Motion. (1) If the motion for judgment notwithstanding the verdict, provided for in subdivision (b) of this rule, is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for the new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. In case the motion for a new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the appellee on appeal may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court. (2) The party whose verdict has been set aside on motion for judgment notwithstanding the verdict may serve a motion for a new trial pursuant to Rule 59 not later than 30 days after entry of the judgment notwithstanding the verdict. (d) Motion for Judgment Notwithstanding the Verdict - Denial of Motion. If the motion for judgment notwithstanding the verdict is denied, the party who prevailed on that motion may, as appellee, assert grounds entitling the party to a new trial in the event the appellate court concludes that this court erred in denying the motion for judgment notwithstanding the verdict. If the appellate court reverses the judgment, nothing in this rule precludes it from determining that the appellee is entitled to a new trial, or from directing this court to determine whether a new trial shall be granted. -SOURCE- (As amended July 28, 1988, eff. Nov. 1, 1988.) -MISC1- PRACTICE COMMENT Rule 50(b) permits a party simultaneously to move for a new trial and for judgment notwithstanding the verdict. The time for filing a motion for a new trial in the court, 30 days, is governed by 28 U.S.C. Sec. 2646. To avoid confusion and inefficiency, Rule 50(b) provides the same 30-day filing period for any motion filed thereunder. In contrast, Rule 50(b) of the Federal Rules of Civil Procedure provides a 10-day period. However, motions for new trials in courts in which the Federal Rules of Civil Procedure apply are not subject to 28 U.S.C. Sec. 2646. Rule 50(c)(2) provides a 30-day period within which to move for a new trial pursuant to Rule 59. The corresponding period provided by Rule 50(c)(2) of the Federal Rules of Civil Procedure is 10 days. The lengthier period to file such a motion in the court is mandated by 28 U.S.C. Sec. 2646. ------DocID 37623 Document 24 of 1268------ -CITE- 29 USC Sec. 50 -EXPCITE- TITLE 29 CHAPTER 4C -HEAD- Sec. 50. Promotion of labor standards of apprenticeship -STATUTE- The Secretary of Labor is authorized and directed to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, and to cooperate with the Secretary of Education in accordance with section 17 of title 20. For the purposes of this chapter the term 'State' shall include the District of Columbia. -SOURCE- (Aug. 16, 1937, ch. 663, Sec. 1, 50 Stat. 664; 1939 Reorg. Plan No. I, Sec. 201, 204, 206, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, 1425; July 12, 1943, ch. 221, title VII, 57 Stat. 518; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 204(h), 87 Stat. 784; Oct. 17, 1979, Pub. L. 96-88, title III, Sec. 301(a)(1), 93 Stat. 677.) -REFTEXT- REFERENCES IN TEXT Section 17 of title 20, referred to in text, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643. -COD- CODIFICATION Words 'with the National Youth Administration' were omitted from text in view of abolition of National Youth Administration by act July 12, 1943. -MISC3- AMENDMENTS 1973 - Pub. L. 93-198 inserted provision that 'State' includes the District of Columbia. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-198 effective July 1, 1974, see section 771(b) of Pub. L. 93-198, set out in part as a note under section 49b of this title. SHORT TITLE The act of Aug. 16, 1937, ch. 663, 50 Stat. 664, which enacted this chapter, is popularly known as the 'National Apprenticeship Act'. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Education' substituted in text for 'Office of Education under the Department of Health, Education, and Welfare', pursuant to section 301(a)(1) of Pub. L. 96-88, which is classified to section 3441(a)(1) of Title 20, Education, and which transferred all functions of Office of Education to Secretary of Education. Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Reorg. Plan No. I of 1939, consolidated National Youth Administration and Office of Education, with other agencies, into Federal Security Agency under supervision and direction of Federal Security Administrator. ------DocID 38522 Document 25 of 1268------ -CITE- 30 USC Sec. 50 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 50. Grants to States or corporations not to include mineral lands -STATUTE- No