I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:09:00. Database: USCODE Search: (44:CITE) ------DocID 52336 Document 1 of 386------ -CITE- 44 USC TITLE 44 -EXPCITE- TITLE 44 -HEAD- TITLE 44 - PUBLIC PRINTING AND DOCUMENTS -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 90-620, SEC. 1, OCT. 22, 1968, 82 STAT. 1238 Chap. Sec. 1. Joint Committee on Printing 101 3. Government Printing Office 301 5. Production and Procurement of Printing and Binding 501 7. Congressional Printing and Binding 701 9. Congressional Record 901 11. Executive and Judiciary Printing and Binding 1101 13. Particular Reports and Documents 1301 15. Federal Register and Code of Federal Regulations 1501 17. Distribution and Sale of Public Documents 1701 19. Depository Library Program 1901 21. National Archives and Records Administration 2101 22. Presidential Records 2201 23. National Archives Trust Fund Board 2301 25. National Historical Publications and Records Commission 2501 27. Advisory Committee on the Records of Congress 2701 29. Records Management by the Archivist of the United States and by the Administrator of General Services 2901 31. Records Management by Federal Agencies 3101 33. Disposal of Records 3301 35. Coordination of Federal Information Policy 3501 37. Advertisements by Government Agencies 3701 39. Government Printing Office: Office of Inspector General 3901 AMENDMENTS 1990 - Pub. L. 101-509, title IV, Sec. 1(d)(2), Nov. 5, 1990, 104 Stat. 1419, added item 27. 1988 - Pub. L. 100-504, title II, Sec. 204, Oct. 18, 1988, 102 Stat. 2531, added item 39. 1984 - Pub. L. 98-497, title I, Sec. 102(c)(2), 107(b)(18)(B), Oct. 19, 1984, 98 Stat. 2283, 2290, substituted 'National Archives and Records Administration' for 'Archival Administration' in item 21, and inserted 'the Archivist of the United States and by the' in item 29. 1980 - Pub. L. 96-511, Sec. 2(b), Dec. 11, 1980, 94 Stat. 2825, substituted 'Information Policy' for 'Reporting Services' in item 35. 1978 - Pub. L. 95-591, Sec. 2(b)(1), Nov. 4, 1978, 92 Stat. 2528, added item 22. Pub. L. 95-378, Sec. 2(b), Sept. 22, 1978, 92 Stat. 723, struck out item 27 'Federal Records Council'. 1974 - Pub. L. 93-536, Sec. 2, Dec. 22, 1974, 88 Stat. 1735, substituted 'National Historical Publications and Records Commission' for 'National Historical Publications Commission' in item 25. Table Showing Disposition of All Sections of Former Title 44 --------------------------------------------------------------------- Title 44 Former Sections Title 44 New Sections --------------------------------------------------------------------- 1 101 2 102 4 103 5 509 6 510 7 511 8 512 9 513 10 514 11 515 12 516 13 517 14 504 15, 16 Rep. 31 301 32 304 33-35 Rep. 36 508 37, 38 Rep. 39 302 39a 303 40 305 41 306 42 307 43-46 Rep. 47 316 48 Elim. 49 313 50, 51 Rep. 51a Elim. 52 Elim. 52a 308 53 T. 18 Sec. 442 54-57 Rep. 58 505 59 312 60 Rep. 61 315 62 314 63 309 63a 309 64 311 71 1702 72 1705 72a 1708 73 308, 1702 74 1703 75 1704 76 1710 77 1711 78 1720 79 1707 80 1713 81 1712 81a 1901 81b 1902 81c 1914 82 1905 83 1904 84 1910 84a 1912 85 1903, 1906 85a 1913 86 1909 87 1907 87a Rep. 88 1908 89 Elim. 90 Rep. 91 1717 91a 1716 92 1119, 1911 93 1721 94 1709 95 1701 96 1722 111 501 111a 502 111b 503 111c Elim. 112, 113 Rep. 114 1706 115 506, 507 116 501, 1123 117 1103 118 1104 119 1120 120 Elim. 121 1111 131 701 132 702 133 703 134 702 135 705 136 714 137 704 138 715 139 1718 139a 1719 140 716 141 718 142 719 143 738 144 717 145 Elim. 146 734 147 713 148 720 149 721 150 722 151 723 152 724 153 725 154 726 155 727 156 1326 157 730 158 731 159 732 160 735 161 736 162 733 163 908 164 Rep. 165 739 166 740 167 741 168 737 169 Elim. 170 1333 181 901 182 902 182a 903 182b 904 182c 905 183 906 184 Rep. 185 907 186 Rep. 187 909 188 910 189 706 189a 707 190 708 191 709 191a 710 192 711 193 712 194-196 Rep. 196a 728 197 729 211 1101 212 (1st sent.) 1115 212 (2d sent.) 1114 213 (1st par.) 1102 213 (2d par., 1st sent.) 1116 213 (2d par., 2d sent., 1st cl.) 1302 213 (2d par., 2d, 3d sents.) 1308-1310, 1336 213 (3d par.) 1116 213a 1117 214 1107 215 1110 215a 1714 216 1105 217 1715 218 1106 219 1102, 1113 219a 1118 220 1108 221 Rep. 222 1112 223 Rep. 224 1109 225 1121 226 Rep. 227 1122 228, 229 Elim. 230 310 241 1301 242 Rep. 243 1303 244 Rep. 245 1304 246 1307 247 Rep. 248 1306 249 1328 250 1317 251, 252 Rep. 253 1313 254 1314 255, 256 Rep. 257 Elim. 258 1315 259 1316 260 1318 261 1319 262 1320 263 1312 265 1321 266 1322 267 Elim. 268 Rep. 269 1323 270 1324 271 1325 272 1327 273 1329 274 Rep. 275 1331 275a Rep. 275b 1332 276 Rep. 276a 1333 277 Rep. 278 1334 279 1335 279a Rep. 280, 280a Rep. 281, 282 Rep. 283 1337 283a Rep. 284 1338 285 1339 286, 287 Rep. 288 1340 289 1341 290 1342 291 1343 292 Elim. 293, 294 Rep. 295 1344 296 Rep. 296a 1305 297 1311 298 1330 300-300f Rep. 300f-1 Rep. 300g, 300h Rep. 300h-1 Rep. 300i-300k Rep. 300aa Rep. 300bb 2301 300cc 2305 300dd 2306 300ee 2307 300ff 2303 300gg 2308 300hh 2302 300ii 2304 300jj Rep. 301 1502 302 1503 303 1504 304 1501 305 1505 306 1506 307 1507 308 1508 309 1509 310, 310a Rep. 311 1510 311a Rep. 312 1511 313, 314 Rep. 321 3701 322 3703 323 Rep. 324 3702 325 3703 326 Rep. 351-365 Rep. 366 3301 367 3302 368 3303 369 3304 370 3305 371 3306 372 3307 373 3308 374 3309 375 3310 376 3311 377 Rep. 378 3312 379 3313 380 3314 391 1506, 2108, 2301, 2501, 2902 392 2903 393(a) 2501 393(b) 2502 393(c) 2503 393(d) 2504 393(e) 2505 393(f) 2504 nt. 393(g) 2506 393(h) 2507 394 2701 395(a) 2904 395(b) 2905 395(c) 2906 395(d) 2907 395(e) 2908 395(f) 2909 396(a) 3101 396(b) 3102 396(c) 3103 396(d) 3104 396(e) 3105 396(f) 3106 396(g) 3107 396a 2910 397(a) 2103 397(b) 2104 397(c) 2105 397(d) 2106 397(e) 2107 397(f) 2108 397(g) Rep. 397(h) 2109 397(i) 2110 397(j) 2101 398 2111 399 2112 400 2113 401 2901 402 2114 421 3501 422(a) 3503 422(b) 3504 422(c) 3505 422(d) 3506 422(e) 3507 423 3508 424 3509 425 3510 426 3502 427 3511 ------------------------------- ENACTING CLAUSE Section 1 of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1238, provided in part: 'That the general and permanent laws relating to public printing and documents are revised, codified, and enacted as title 44, United States Code, 'Public Printing and Documents', and may be cited as '44 U.S.C. Sec. XX' '. LEGISLATIVE PURPOSE; INCONSISTENT PROVISIONS Section 2(a) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305, provided that: 'The legislative purpose in enacting section 1 of this Act is to restate, without substantive change, the laws replaced by those sections on the effective date of this Act. Laws effective after January 14, 1968, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency.' REFERENCES TO OTHER LAWS Section 2(b) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305, provided that: 'A reference to a law replaced by section 1 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.' OUTSTANDING ORDERS, RULES, AND REGULATIONS Section 2(c) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305, provided that: 'An order, rule, or regulation in effect under a law replaced by section 1 of this Act shall continue in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.' SAVINGS PROVISION Section 2(d) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1305, provided that: 'An action taken or an offense committed under a law replaced by section 1 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.' LEGISLATIVE CONSTRUCTION Section 2(e) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1306, provided that: 'An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of its caption or catchline.' SEPARABILITY Section 2(f) of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1306, provided that: 'If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications.' REPEALS Section 3 of Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1306, repealed the sections or parts thereof of the Revised Statutes or Statutes at Large codified in this title, except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before October 22, 1968, and except as provided by section 2 of Pub. L. 90-620. -CROSS- CROSS REFERENCES Acts and resolutions: formalities of enactment, repeals, and sealing of instruments, see section 101 et seq. of Title 1, General Provisions. Administrative procedure, public information: agency rules, opinions, orders, records, and proceedings, see section 552 of Title 5, Government Organization and Employees. American Printing House for the Blind, see section 101 et seq. of Title 20, Education. Cataloging and standardization, coordination of Administrator of General Services and Secretary of Defense, see section 2456 of Title 10, Armed Forces. Code of Laws of United States and Supplements, District of Columbia Code and Supplements, see section 201 et seq. of Title 1, General Provisions; section 285b of Title 2, The Congress. Collections of Government Printing Office accessible to investigators and students, see section 91 of Title 20, Education. Congressional provisions: elections, organization, compensation, officers and employees, Library of Congress, and procedures, see generally Title 2, The Congress. Crimes - Printing contracts, see section 442 of Title 18, Crimes and Criminal Procedure. Printing obligations, securities, and postage stamps of United States and foreign countries, authorization notwithstanding counterfeiting and forgery prohibitions, see section 504 of Title 18. Public officers and employees, see section 1901 et seq. of Title 18. Records and reports, see section 2071 et seq. of Title 18. Employees: employment, retention and performance, see Title 5, Government Organization and Employees. Executive provisions generally, see Title 3, The President. Executive reorganization, general provisions and effective date and publication of reorganization plans, see chapter 9 of Title 5, Government Organization and Employees. Food stamp program, printing of coupons for, see section 2016 of Title 7, Agriculture. General Services Administration, see section 751 et seq. of Title 40, Public Buildings, Property, and Works. Library of Congress, see section 131 et seq. of Title 2, The Congress. Management and disposal of Government property, see chapter 10 of Title 40, Public Buildings, Property, and Works. Official territorial papers, see section 141 et seq. of Title 4, Flag and Seal, Seat of Government, and the States. Patent and Trademark Office library, see section 8 of Title 35, Patents. Prints defined under Foreign Agents Registration Act, see section 611 of Title 22, Foreign Relations and Intercourse. Standard reference data program, see section 201 et seq. of Title 15, Commerce and Trade. Walsh-Healey Act, see sections 35-45 of Title 41, Public Contracts. -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 30 section 1809; title 40 section 474. ------DocID 10411 Document 2 of 386------ -CITE- 7 USC CHAPTER 44 -EXPCITE- TITLE 7 CHAPTER 44 -HEAD- CHAPTER 44 - WOOL PROGRAM -MISC1- Sec. 1781. Congressional declaration of policy. 1782. Price supports; time limitation. 1783. Payments as means of price support. (a) Use of payments. (b) Payment limitation. (c) Marketing assessments. 1784. Reimbursement to Commodity Credit Corporation. 1785. Determination of price support operations by Secretary. 1786. 'Marketing year' defined. 1787. Agreements; marketing cooperatives, trade associations, etc., approval; referendum. ------DocID 11479 Document 3 of 386------ -CITE- 8 USC Sec. 44, 45 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- Sec. 44, 45. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948 -MISC1- Section 44, act Mar. 1, 1875, ch. 114, Sec. 4, 18 Stat. 336, related to exclusion of jurors on account of race or color. See section 243 of Title 18, Crimes and Criminal Procedure. Section 45, acts Mar. 1, 1875, ch. 114, Sec. 3, 18 Stat. 336; May 28, 1896, ch. 252, Sec. 19, 29 Stat. 184, related to prosecutions for banning jurors because of race or color. See section 243 of Title 18. ------DocID 14637 Document 4 of 386------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 44 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS JUDICIAL CONFERENCE -HEAD- Rule 44. Judicial Conference -STATUTE- (a) Purpose. There shall be held annually, at such time and place as shall be designated by the Court, a conference for the purpose of considering the state of business of the Court and advising on ways and means of improving the administration of military justice. The conference shall be called 'the Judicial Conference of the United States Court of Military Appeals,' and may be held in conjunction with the Homer Ferguson Conference or otherwise. (b) Composition. In addition to the Judges, the following shall be invited to participate in the Conference: (1) The Senior Judges of the Court; (2) The Judge Advocates General; (3) The Director, Judge Advocate Division, U.S. Marine Corps; (4) The Chief Counsel, U.S. Coast Guard; (5) The General Counsel, Department of Defnese; (6) The General Counsels, Committees on Armed Services, United States Senate and House of Representatives; (7) The Chiefs, Military Justice Divisions, of each Armed Force; (8) The Chiefs, Appellate Defense and Appellate Government Divisions, of each Armed Force; (9) The Chief Judge of each Court of Military Review; (10) The Chief of the Trial Judiciary of each Armed Force, or his designee; (11) The Clerk of the Court; (12) The Central Legal Staff Director of the Court; (13) The Chairman, Rules Advisory Committee; (14) The deans of one or more approved law schools, or their designees; and (15) Members of the Bar of the Court invited by the Court. ------DocID 17008 Document 5 of 386------ -CITE- 13 USC Sec. 44 -EXPCITE- TITLE 13 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 44. Foreign cotton statistics -STATUTE- In addition to the information regarding cotton in the United States provided for in this subchapter, the Secretary shall compile, by correspondence or the use of published reports and documents, any available information concerning the production, consumption, and stocks of cotton in foreign countries, and the number of cotton-consuming spindles in such countries. Each report published by the Department of Commerce or agency or bureau thereof regarding cotton shall contain an abstract of the latest available information obtained under the provisions of this section, and the Secretary shall furnish the same to the Department of Agriculture for publication in connection with the reports of that department concerning cotton in the same manner as in the case of statistics relating to the United States. -SOURCE- (Aug. 31, 1954, ch. 1158, 68 Stat. 1016.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., Sec. 75 (Apr. 2, 1924, ch. 80, Sec. 5, 43 Stat. 32; June 18, 1929, ch. 28, Sec. 21, 46 Stat. 26). References to the Director of the Census were changed to references to the Secretary (of Commerce), and words 'Department of Commerce or agency or bureau thereof' were substituted for 'Bureau of the Census', to conform with 1950 Reorganization Plan No. 5, Sec. 1, 2, effective May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title. Changes were made in phraseology. ------DocID 17081 Document 6 of 386------ -CITE- 14 USC Sec. 44 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 44. Commandant; appointment -STATUTE- The President may appoint, by and with the advice and consent of the Senate, one Commandant for a period of four years, who may be reappointed for further periods of four years, who shall act as Chief of the Coast Guard. The Commandant shall be appointed from the officers on the active duty promotion list serving above the grade of captain who have completed at least ten years of active service as a commissioned officer in the Coast Guard. The Commandant while so serving shall have the grade of admiral. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 498; May 14, 1960, Pub. L. 86-474, Sec. 1(3), 74 Stat. 144; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(3), 77 Stat. 175; June 9, 1966, Pub. L. 89-444, Sec. 1(3), 80 Stat. 195; Oct. 2, 1972, Pub. L. 92-451, Sec. 1(3), 86 Stat. 755.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 11 (Apr. 16, 1908, ch. 145, Sec. 1, 2, 35 Stat. 61; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Jan. 12, 1923, ch. 25, Sec. 2, 42 Stat. 1130; Apr. 23, 1930, ch. 211, 46 Stat. 253; June 9, 1937, ch. 309, Sec. 1, 50 Stat. 252; June 6, 1940, ch. 257, Sec. 1(a), 54 Stat. 246). Said section has been divided. The provisions of the first proviso are placed in section 45 of this title, and the remainder is placed in this section. The grade of the Commandant is fixed as vice admiral rather than that prescribed for Bureau Chiefs of the Navy. The additional qualifications that an officer appointed Commandant must have at least 10 years commissioned service in the Coast Guard has been inserted. 81st Congress, House Report No. 557. AMENDMENTS 1972 - Pub. L. 92-451 substituted 'above the grade of captain' for 'in the grade of captain or above' in second sentence. 1966 - Pub. L. 89-444 struck out provision that the position of an officer appointed Commandant be filled by promotion according to law. 1963 - Pub. L. 88-130 substituted 'officers on the active duty promotion list serving in the grade of' for 'active list of officers who hold a permanent commission as', required qualifying period of 10 years commissioned service to be 'active' service, and struck out ', pay, and allowances' before 'of admiral'. 1960 - Pub. L. 86-474 substituted 'active list of officers' for 'active list of line officers', 'captain or above' for 'commander or above', and 'allowances of admiral' for 'allowances of vice admiral'. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as a note under section 290 of this title. EFFECTIVE DATE OF HIGHER GRADE AND INCREASED PAY AND ALLOWANCES Section 2 of Pub. L. 86-474 provided that: 'The increased grade of admiral for the Commandant and vice admiral for the Assistant Commandant (now Vice Commandant), including the pay and allowances applicable to such grades, shall be effective on the first day of the month following enactment of this Act (May 14, 1960).' SAVINGS PROVISION Section 3 of Pub. L. 86-474 provided that: 'Except as provided by section 2 (set out as a note under this section), the amendments by section 1 (amending sections 41, 42, 44, 46, 47, 186 to 191, 222, 247(c), 365, and 462 of this title, and repealing sections 45, 48, and 49 of this title) shall not operate to change or deprive the present incumbents serving as Commandant, Assistant Commandant (now Vice Commandant), and Engineer in Chief of any rights, benefits and privileges appertaining to such offices on the day preceding the date of enactment of this Act (May 14, 1960), nor to divest them of their offices for the terms appointed.' -CROSS- CROSS REFERENCES General powers of Commandant, see section 93 of this title. ------DocID 17484 Document 7 of 386------ -CITE- 15 USC Sec. 44 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 44. Definitions -STATUTE- The words defined in this section shall have the following meaning when found in this subchapter, to wit: 'Commerce' means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation. 'Corporation' shall be deemed to include any company, trust, so-called Massachusetts trust, or association, incorporated or unincorporated, which is organized to carry on business for its own profit or that of its members, and has shares of capital or capital stock or certificates of interest, and any company, trust, so-called Massachusetts trust, or association, incorporated or unincorporated, without shares of capital or capital stock or certificates of interest, except partnerships, which is organized to carry on business for its own profit or that of its members. 'Documentary evidence' includes all documents, papers, correspondence, books of account, and financial and corporate records. 'Acts to regulate commerce' means subtitle IV of title 49 and the Communications Act of 1934 (47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary thereto. 'Antitrust Acts' means the Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890; also sections 73 to 77, inclusive, of an Act entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes', approved August 27, 1894; also the Act entitled 'An Act to amend sections 73 and 76 of the Act of August 27, 1894, entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes' ', approved February 12, 1913; and also the Act entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 4, 38 Stat. 719; Mar. 21, 1938, ch. 49, Sec. 2, 52 Stat. 111.) -REFTEXT- REFERENCES IN TEXT The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables. The Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies,' approved July 2, 1890, referred to in the text, is known as the Sherman Act, and is classified to sections 1 to 7 of this title. Sections 73 to 77, inclusive, of an Act entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes', approved August 27, 1894, referred to in text, are known as the Wilson Tariff Act. Sections 73 to 76 are classified to sections 8 to 11 of this title, and section 77 was not classified to the Code. Act February 12, 1913, is set out as amendments to sections 8 and 11 of this title. The Act entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914, referred to in text, is the Clayton Act. For classification of the Act to the Code, see References in Text note set out under section 12 of this title. -COD- CODIFICATION 'Subtitle IV of title 49' substituted in text for 'the Act entitled 'An Act to regulate commerce', approved February 14, 1887, and all Acts amendatory thereof and supplementary thereto' on authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV of Title 49, Transportation. -MISC3- AMENDMENTS 1938 - Act Mar. 21, 1938, amended section generally. -CROSS- CROSS REFERENCES Additional definitions, see sections 45 and 55 of this title. ------DocID 17786 Document 8 of 386------ -CITE- 15 USC Sec. 80a-44 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-44. Disclosure of information filed with Commission; copies -STATUTE- (a) The information contained in any registration statement, application, report, or other document filed with the Commission pursuant to any provision of this subchapter or of any rule or regulation thereunder (as distinguished from any information or document transmitted to the Commission) shall be made available to the public, unless and except insofar as the Commission, by rules and regulations upon its own motion, or by order upon application, finds that public disclosure is neither necessary nor appropriate in the public interest or for the protection of investors. Except as provided in section 78x(c) of this title, it shall be unlawful for any member, officer, or employee of the Commission to use for personal benefit, or to disclose to any person other than an official or employee of the United States or of a State, for official use, or for any such official or employee to use for personal benefit, any information contained in any document so filed or transmitted, if such information is not available to the public. (b) Photostatic or other copies of information contained in documents filed with the Commission under this subchapter and made available to the public shall be furnished any person at such reasonable charge and under such reasonable limitations as the Commission shall prescribe. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 45, 54 Stat. 845; Nov. 15, 1990, Pub. L. 101-550, title II, Sec. 202(b)(1), 104 Stat. 2715.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-550 substituted 'Except as provided in section 78x(c) of this title, it shall be unlawful' for 'It shall be unlawful'. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18812 Document 9 of 386------ -CITE- 15 USC CHAPTER 44 -EXPCITE- TITLE 15 CHAPTER 44 -HEAD- CHAPTER 44 - PROTECTION OF HORSES -MISC1- Sec. 1821. Definitions. 1822. Congressional statement of findings. 1823. Horse shows and exhibitions. (a) Disqualification of horses. (b) Prohibited activities. (c) Appointment of inspectors; manner of inspections. (d) Recordkeeping and reporting requirements; availability of records. (e) Inspection by Secretary or duly appointed representative. 1824. Unlawful acts. 1825. Violations and penalties. (a) Criminal acts and penalties. (b) Civil penalties; review and enforcement. (c) Disqualification of offenders; orders; civil penalties applicable; enforcement procedures. (d) Production of witnesses and books, papers, and documents; depositions; fees; presumptions; jurisdiction. (e) Detention of horses; seizure and condemnation of equipment. 1826. Notice of violations to Attorney General. 1827. Utilization of personnel of Department of Agriculture and officers and employees of consenting States; technical and other nonfinancial assistance to State. (a) Assistance from Department of Agriculture and States. (b) Assistance to States. 1828. Rules and regulations. 1829. Preemption of State laws; concurrent jurisdiction; prohibition on certain State action. 1830. Report to the Congress. 1831. Authorization of appropriations. ------DocID 19674 Document 10 of 386------ -CITE- 16 USC Sec. 44, 45 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 44, 45. Transferred -COD- CODIFICATION Section 44, act Oct. 1, 1890, ch. 1263, Sec. 1, 26 Stat. 650, was transferred to section 471c of this title. Section 45, act Oct. 1, 1890, ch. 1263, Sec. 3, 26 Stat. 651, was transferred to section 471d of this title. ------DocID 21426 Document 11 of 386------ -CITE- 16 USC Sec. 460uu-44 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-44. Mineral exchanges -STATUTE- (a) Authorization; matters considered The Secretary is authorized and directed to exchange the Federal mineral interests in the lands described in subsection (b) of this section for the private mineral interests in the lands described in subsection (c) of this section, if - (1) the owner of such private mineral interests has made available to the Secretary all information requested by the Secretary as to the respective values of the private and Federal mineral interests to be exchanged; and (2) on the basis of information obtained pursuant to paragraph (1) and any other information available, the Secretary has determined that the mineral interests to be exchanged are of approximately equal value; and (3) the Secretary has determined - (A) that except insofar as otherwise provided in this section, the exchange is not inconsistent with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (B) that the exchange is in the public interest. (b) Location of Federal mineral interests The Federal mineral interests to be exchanged under this section underlie the lands, comprising approximately 15,008 acres, depicted as 'Proposed for transfer to Santa Fe Pacific' on the map referenced in subsection (d) of this section. (c) Location of private mineral interests The private mineral interests to be exchanged pursuant to this section underlie the lands, comprising approximately 15,141 acres, depicted as 'Proposed for transfer to U.S.' on the map referenced in subsection (d) of this section. (d) Identification of mineral interests; legal description (1) The mineral interests identified in this section underlie those lands depicted as 'Proposed for transfer to Santa Fe Pacific' and as 'Proposed for transfer to U.S.' on a map entitled 'El Malpais Leg. Boundary, HR3684/S56', revised 5-8-87. (2) As soon as practicable after December 31, 1987, the Secretary shall file a legal description of the mineral interest areas designated under this section with the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Such legal description shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographical errors in such legal description. The legal description shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management, Department of the Interior. (e) Time of completion of exchanges It is the sense of the Congress that all exchanges pursuant to this section shall be completed no later than three years after December 31, 1987. -SOURCE- (Pub. L. 100-225, title V, Sec. 504, Dec. 31, 1987, 101 Stat. 1545.) -REFTEXT- REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(3)(A), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (Sec. 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. ------DocID 23177 Document 12 of 386------ -CITE- 16 USC CHAPTER 44 -EXPCITE- TITLE 16 CHAPTER 44 -HEAD- CHAPTER 44 - ANTARCTIC CONSERVATION -MISC1- Sec. 2401. Congressional findings and declaration of purpose. (a) Findings. (b) Purpose. 2402. Definitions. 2403. Prohibited acts. (a) In general. (b) Exception. 2404. Permits. (a) In general. (b) Applications for permits. (c) Action by appropriate Secretaries on certain permit applications. (d) Issuance of permits. (e) Terms and conditions of permits. (e) Judicial review. (f) Modification, suspension, and revocation. (g) Permit fees. 2405. Regulations. (a) In general. (b) Specific regulations. 2406. Notification of travel to Antarctica. 2407. Civil penalties. (a) Assessment of penalties. (b) Hearings. (c) Review. (d) Penalties under other laws. 2408. Criminal offenses. (a) Offenses. (b) Punishment. (c) Offenses under other laws. 2409. Enforcement. (a) Responsibility. (b) Powers of authorized officers. (c) Seizure. (d) Forfeiture. (e) Application of customs laws. (f) Regulations. 2410. Jurisdiction of district courts. 2411. Federal agency cooperation. 2412. Relationship to existing treaties. ------DocID 23815 Document 13 of 386------ -CITE- 18 USC Sec. 43, 44 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- (Sec. 43, 44. Repealed. Pub. L. 97-79, Sec. 9(b)(2), Nov. 16, 1981, 95 Stat. 1079) -MISC1- Section 43, acts June 25, 1948, ch. 645, 62 Stat. 687; Sept. 2, 1960, Pub. L. 86-702, Sec. 2, 74 Stat. 754; Dec. 5, 1969, Pub. L. 91-135, Sec. 7(a), 83 Stat. 279, related to transportation of wildlife taken in violation of state, national, or foreign law, the receipt of such wildlife, and the making of false records in relation thereto. See section 3372(a) of Title 16, Conservation. Section 44, acts June 25, 1948, ch. 645, 62 Stat. 687; Dec. 5, 1969, Pub. L. 91-135, Sec. 8, 83 Stat. 281, related to marking of packages or containers used in the shipment of fish and wildlife. See section 3372(b) of Title 16. ------DocID 24107 Document 14 of 386------ -CITE- 18 USC CHAPTER 44 -EXPCITE- TITLE 18 PART I CHAPTER 44 -HEAD- CHAPTER 44 - FIREARMS -MISC1- Sec. 921. Definitions. 922. Unlawful acts. 923. Licensing. 924. Penalties. 925. Exceptions: Relief from disabilities. 926. Rules and regulations. 926A. Interstate transportation of firearms. 927. Effect on State law. 928. Separability. 929. Use of restricted ammunition. 930. Possession of firearms and dangerous weapons in Federal facilities. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3523, Nov. 29, 1990, 104 Stat. 4924, struck out 'clause' after 'Separability' in item 928. 1988 - Pub. L. 100-690, title VI, Sec. 6215(b), Nov. 18, 1988, 102 Stat. 4362, added item 930. 1986 - Pub. L. 99-308, Sec. 107(b), May 19, 1986, 100 Stat. 460, added item 926A. 1984 - Pub. L. 98-473, title II, Sec. 1006(b), Oct. 12, 1984, 98 Stat. 2139, added item 929. 1968 - Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82 Stat. 1214, reenacted chapter analysis without change. Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat. 226, added chapter 44 and items 921 to 928. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 922 of this title; title 26 section 4182; title 42 section 3795. ------DocID 25135 Document 15 of 386------ -CITE- 18 USC Rule 44 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 44. Right to and Assignment of Counsel -STATUTE- (a) Right to Assigned Counsel. Every defendant who is unable to obtain counsel shall be entitled to have counsel assigned to represent that defendant at every stage of the proceedings from initial appearance before the federal magistrate or the court through appeal, unless that defendant waives such appointment. (b) Assignment Procedure. The procedures for implementing the right set out in subdivision (a) shall be those provided by law and by local rules of court established pursuant thereto. (c) Joint Representation. Whenever two or more defendants have been jointly charged pursuant to Rule 8(b) or have been joined for trial pursuant to Rule 13, and are represented by the same retained or assigned counsel or by retained or assigned counsel who are associated in the practice of law, the court shall promptly inquire with respect to such joint representation and shall personally advise each defendant of the right to the effective assistance of counsel, including separate representation. Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect each defendant's right to counsel. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 30, 1979, eff. Dec. 1, 1980; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES 1. This rule is a restatement of existing law in regard to the defendant's constitutional right of counsel as defined in recent judicial decisions. The Sixth Amendment provides: 'In all criminal prosecutions, the accused shall enjoy the right * * * to have the Assistance of Counsel for his defense.' 28 U.S.C. former Sec. 394 (now Sec. 1654) provides: 'In all the courts of the United States the parties may plead and manage their own causes personally, or by the assistance of such counsel or attorneys at law as, by the rules of the said courts, respectively, are permitted to manage and conduct causes therein.' 18 U.S.C. former Sec. 563 (now Sec. 3005), which is derived from the act of April 30, 1790 (1 Stat. 118), provides: 'Every person who is indicted of treason or other capital crime, shall be allowed to make his full defense by counsel learned in the law; and the court before which he is tried or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, and they shall have free access to him at all seasonable hours.' The present extent of the right of counsel has been defined recently in Johnson v. Zerbst, 304 U.S. 458; Walker v. Johnston, 312 U.S. 275; and Glasser v. United States, 315 U.S. 60. The rule is a restatement of the principles enunciated in these decisions. See, also, Holtzoff, 20 N.Y.U.L.Q.R. 1. 2. The rule is intended to indicate that the right of the defendant to have counsel assigned by the court relates only to proceedings in court and, therefore, does not include preliminary proceedings before a committing magistrate. Although the defendant is not entitled to have counsel assigned to him in connection with preliminary proceedings, he is entitled to be represented by counsel retained by him, if he so chooses, Rule 5(b) (Proceedings before the Commissioner; Statement by the Commissioner) and Rule 40(b)(2) (Commitment to Another District; Removal - Arrest in Distant District - Statement by Commissioner or Judge). As to defendant's right of counsel in connection with the taking of depositions, see Rule 15(c) (Depositions - Defendant's Counsel and Payment of Expenses). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT A new rule is provided as a substitute for the old to provide for the assignment of counsel to defendants unable to obtain counsel during all stages of the proceeding. The Supreme Court has recently made clear the importance of providing counsel both at the earliest possible time after arrest and on appeal. See Crooker v. California, 357 U.S. 433 (1958); Cicenia v. LaGay, 357 U.S. 504 (1958); White v. Maryland, 373 U.S. 59 (1963); Gideon v. Wainwright, 372 U.S. 335 (1963); Douglas v. California, 372 U.S. 353 (1963). See also Association of the Bar of the City of New York, Special Committee to Study the Defender System, Equal Justice for the Accused (1959); Report of the Attorney General's Committee on Poverty and the Administration of Justice (1963); Beaney, Right to Counsel Before Arraignment, 45 Minn.L.Rev. 771 (1961); Boskey, The Right to Counsel in Appellate Proceedings, 45 Minn.L.Rev. 783 (1961); Douglas, The Right to Counsel - A Foreword, 45 Minn.L.Rev. 693 (1961); Kamisar, The Right to Counsel and the Fourteenth Amendment; A Dialogue on 'The Most Pervasive Right' of an Accused, 30 U.Chi.L.Rev. 1 (1962); Kamisar, Betts v. Brady Twenty Years Later: The Right to Counsel and Due Process Values, 61 Mich.L.Rev. 219 (1962); Symposium, The Right to Counsel, 22 Legal Aid Briefcase 4-48 (1963). Provision has been made by law for a Legal Aid Agency in the District of Columbia which is charged with the duty of providing counsel and courts are admonished to assign such counsel 'as early in the proceeding as practicable.' D.C. Code Sec. 2-2202. Congress has now made provision for assignment of counsel and their compensation in all of the districts. Criminal Justice Act of 1964 (78 Stat. 552). Like the original rule the amended rule provides a right to counsel which is broader in two respects than that for which compensation is provided in the Criminal Justice Act of 1964: (1) the right extends to petty offenses to be tried in the district courts, and (2) the right extends to defendants unable to obtain counsel for reasons other than financial. These rules do not cover procedures other than those in the courts of the United States and before United States commissioners. See Rule 1. Hence, the problems relating to the providing of counsel prior to the initial appearance before a court or commissioner are not dealt with in this rule. Cf. Escobedo v. United States, 378 U.S. 478 (1964); Enker and Elsen, Counsel for the Suspect: Massiah v. United States and Escobedo v. Illinois, 49 Minn.L.Rev. 47 (1964). Subdivision (a). - This subdivision expresses the right of the defendant unable to obtain counsel to have such counsel assigned at any stage of the proceedings from his initial appearance before the commissioner or court through the appeal, unless he waives such right. The phrase 'from his initial appearance before the commissioner or court' is intended to require the assignment of counsel as promptly as possible after it appears that the defendant is unable to obtain counsel. The right to assignment of counsel is not limited to those financially unable to obtain counsel. If a defendant is able to compensate counsel but still cannot obtain counsel, he is entitled to the assignment of counsel even though not to free counsel. Subdivision (b). - This new subdivision reflects the adoption of the Criminal Justice Act of 1964. See Report of the Judicial Conference of the United States on the Criminal Justice Act of 1964, 36 F.R.D. 277 (1964). NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Subdivision (a) is amended to reflect the Federal Magistrates Act of 1968. The phrase 'federal magistrate' is defined in rule 54. NOTES OF ADVISORY COMMITTEE ON RULES - 1979 AMENDMENT Note to Subdivision (c). Rule 44(c) establishes a procedure for avoiding the occurrence of events which might otherwise give rise to a plausible post-conviction claim that because of joint representation the defendants in a criminal case were deprived of their Sixth Amendment right to the effective assistance of counsel. Although 'courts have differed with respect to the scope and nature of the affirmative duty of the trial judge to assure that criminal defendants are not deprived of their right to the effective assistance of counsel by joint representation of conflicting interests,' Holloway v. Arkansas, 98 S.Ct. 1173 (1978) (where the Court found it unnecessary to reach this issue), this amendment is generally consistent with the current state of the law in several circuits. As held in United States v. Carrigan, 543 F.2d 1053 (2d Cir. 1976): When a potential conflict of interest arises, either where a court has assigned the same counsel to represent several defendants or where the same counsel has been retained by co-defendants in a criminal case, the proper course of action for the trial judge is to conduct a hearing to determine whether a conflict exists to the degree that a defendant may be prevented from receiving advice and assistance sufficient to afford him the quality of representation guaranteed by the Sixth Amendment. The defendant should be fully advised by the trial court of the facts underlying the potential conflict and be given the opportunity to express his views. See also United States v. Lawriw, 568 F.2d 98 (8th Cir. 1977) (duty on trial judge to make inquiry where joint representation by appointed or retained counsel, and 'without such an inquiry a finding of knowing and intelligent waiver will seldom, if ever, be sustained by this Court'); Abraham v. United States, 549 F.2d 236 (2d Cir. 1977); United States v. Mari, 526 F.2d 117 (2d Cir. 1975); United States v. Truglio, 493 F.2d 574 (4th Cir. 1974) (joint representation should cause trial judge 'to inquire whether the defenses to be presented in any way conflict'); United States v. DeBerry, 487 F.2d 488 (2d Cir. 1973); United States ex rel. Hart v. Davenport, 478 F.2d 203 (3d Cir. 1973) (noting there 'is much to be said for the rule . . . which assumes prejudice and nonwaiver if there has been no on-the-record inquiry by the court as to the hazards to defendants from joint representation'; United States v. Alberti, 470 F.2d 878 (2d Cir. 1973); United States v. Foster, 469 F.2d 1 (1st Cir. 1972) (lack of sufficient inquiry shifts the burden of proof on the question of prejudice to the government); Campbell v. United States, 352 F.2d 359 (D.C. Cir. 1965) (where joint representation, court 'has a duty to ascertain whether each defendant has an awareness of the potential risks of that course and nevertheless has knowingly chosen it'). Some states have taken a like position; see, e.g., State v. Olsen, - - Minn. - - , 258 N.W.2d 898 (1977). This procedure is also consistent with that recommended in the ABA Standards Relating to the Function of the Trial Judge (Approved Draft, 1972), which provide in Sec. 3.4(b): Whenever two or more defendants who have been jointly charged, or whose cases have been consolidated, are represented by the same attorney, the trial judge should inquire into potential conflicts which may jeopardize the right of each defendant to the fidelity of his counsel. Avoiding a conflict-of-interest situation is in the first instance a responsibility of the attorney. If a lawyer represents 'multiple clients having potentially differing interests, he must weigh carefully the possibility that his judgment may be impaired or his loyalty divided if he accepts or continues the employment,' and he is to 'resolve all doubts against the propriety of the representation.' Code of Professional Responsibility, Ethical Consideration 5-15. See also ABA Standards Relating to the Defense Function Sec. 3.5(b) (Approved Draft, 1971), concluding that the 'potential for conflict of interest in representing multiple defendants is so grave that ordinarily a lawyer should decline to act for more than one of several co-defendants except in unusual situations when, after careful investigation, it is clear that no conflict is likely to develop and when the several defendants give an informed consent to such multiple representation.' It by no means follows that the inquiry provided for by rule 44(c) is unnecessary. For one thing, even the most diligent attorney may be unaware of facts giving rise to a potential conflict. Often 'counsel must operate somewhat in the dark and feel their way uncertainly to an understanding of what their clients may be called upon to meet upon a trial' and consequently 'are frequently unable to foresee developments which may require changes in strategy.' United States v. Carrigan, supra (concurring opinion). 'Because the conflicts are often subtle it is not enough to rely upon counsel, who may not be totally disinterested, to make sure that each of his joint clients has made an effective waiver.' United States v. Lawriw, supra. Moreover, it is important that the trial judge ascertain whether the effective and fair administration of justice would be adversely affected by continued joint representation, even when an actual conflict is not then apparent. As noted in United States v. Mari, supra (concurring opinion): Trial court insistence that, except in extraordinary circumstances, codefendants retain separate counsel will in the long run . . . prove salutary not only to the administration of justice and the appearance of justice but the cost of justice; habeas corpus petitions, petitions for new trials, appeals and occasionally retrials . . . can be avoided. Issues as to whether there is an actual conflict of interest, whether the conflict has resulted in prejudice, whether there has been a waiver, whether the waiver is intelligent and knowledgeable, for example, can all be avoided. Where a conflict that first did not appear subsequently arises in or before trial, . . . continuances or mistrials can be saved. Essentially by the time a case . . . gets to the appellate level the harm to the appearance of justice has already been done, whether or not reversal occurs; at the trial level it is a matter which is so easy to avoid. A rule 44(c) inquiry is required whether counsel is assigned or retained. It 'makes no difference whether counsel is appointed by the court or selected by the defendants; even where selected by the defendants the same dangers of potential conflict exist, and it is also possible that the rights of the public to the proper administration of justice may be affected adversely.' United States v. Mari, supra (concurring opinion). See also United States v. Lawriw, supra. When there has been 'no discussion as to possible conflict initiated by the court,' it cannot be assumed that the choice of counsel by the defendants 'was intelligently made with knowledge of any possible conflict.' United States v. Carrigan, supra. As for assigned counsel, it is provided by statute that ' the court shall appoint separate counsel for defendants having interests that cannot properly be represented by the same counsel, or when other good cause is shown.' 18 U.S.C. Sec. 3006(A)(b). Rule 44(c) is not intended to prohibit the automatic appointment of separate counsel in the first instance, see Ford v. United States, 379 F.2d 123 (D.C. Cir. 1967); Lollar v. United States, 376 F.2d 243 (D.C. Cir. 1967), which would obviate the necessity for an inquiry. Under rule 44(c), an inquiry is called for when the joined defendants are represented by the same attorney and also when they are represented by attorneys 'associated in the practice of law.' This is consistent with Code of Professional Responsibility, Disciplinary Rule 5-105(D) (providing that if 'a lawyer is required to decline employment or to withdraw from employment' because of a potential conflict, 'no partner or associate of his or his firm may accept or continue such employment'); and ABA Standards Relating to the Defense Function Sec. 3.5(b) (Approved Draft, 1971) (applicable to 'a lawyer or lawyers who are associated in practice'). Attorneys representing joined defendants should so advise the court if they are associated in the practice of law. The rule 44(c) procedure is not limited to cases expected to go to trial. Although the more dramatic conflict situations, such as when the question arises as to whether the several defendants should take the stand, Morgan v. United States, 396 F.2d 110 (2d Cir. 1968), tend to occur in a trial context, serious conflicts may also arise when one or more of the jointly represented defendants pleads guilty. The problem is that even where as here both codefendants pleaded guilty there are frequently potential conflicts of interest . . . (T)he prosecutor may be inclined to accept a guilty plea from one codefendant which may harm the interests of the other. The contrast in the dispositions of the cases may have a harmful impact on the codefendant who does not initially plead guilty; he may be pressured into pleading guilty himself rather than face his codefendant's bargained-for testimony at a trial. And it will be his own counsel's recommendation to the initially pleading codefendant which will have contributed to this harmful impact upon him . . . (I)n a given instance it would be at least conceivable that the prosecutor would be willing to accept pleas to lesser offenses from two defendants in preference to a plea of guilty by one defendant to a greater offense. United States v. Mari, supra (concurring opinion). To the same effect is ABA Standards Relating to the Defense Function at 213-14. It is contemplated that under rule 44(c) the court will make appropriate inquiry of the defendants and of counsel regarding the possibility of a conflict of interest developing. Whenever it is necessary to make a more particularized inquiry into the nature of the contemplated defense, the court should 'pursue the inquiry with defendants and their counsel on the record but in chambers' so as 'to avoid the possibility of prejudicial disclosures to the prosecution.' United States v. Foster, supra. It is important that each defendant be 'fully advised of the facts underlying the potential conflict and is given an opportunity to express his or her views.' United States v. Alberti, supra. The rule specifically requires that the court personally advise each defendant of his right to effective assistance of counsel, including separate representation. See United States v. Foster, supra, requiring that the court make a determination that jointly represented defendants 'understand that they may retain separate counsel, or if qualified, may have such counsel appointed by the court and paid for by the government.' Under rule 44(c), the court is to take appropriate measures to protect each defendant's right to counsel unless it appears 'there is good cause to believe no conflict of interest is likely to arise' as a consequence of the continuation of such joint representation. A less demanding standard would not adequately protect the Sixth Amendment right to effective assistance of counsel or the effective administration of criminal justice. Although joint representation 'is not per se violative of constitutional guarantees of effective assistance of counsel, Holloway v. Arkansas, supra, it would not suffice to require the court to act only when a conflict of interest is then apparent, for it is not possible 'to anticipate with complete accuracy the course that a criminal trial may take.' Fryar v. United States, 404 F.2d 1071 (10th Cir. 1968). This is particularly so in light of the fact that if a conflict later arises and a defendant thereafter raises a Sixth Amendment objection, a court must grant relief without indulging 'in nice calculations as to the amount of prejudice arising from its denial.' Glasser v. United States, 315 U.S. 60 (1942). This is because, as the Supreme Court more recently noted in Holloway v. Arkansas, supra, 'in a case of joint representation of conflicting interests the evil . . . is in what the advocate finds himself compelled to refrain from doing,' and this makes it 'virtually impossible' to assess the impact of the conflict. Rule 44(c) does not specify what particular measures must be taken. It is appropriate to leave this within the court's discretion, for the measures which will best protect each defendant's right to counsel may well vary from case to case. One possible course of action is for the court to obtain a knowing, intelligent and voluntary waiver of the right to separate representation, for, as noted in Holloway v. Arkansas, supra, 'a defendant may waive his right to the assistance of an attorney unhindered by a conflict of interests.' See United States v. DeBerry, supra, holding that defendants should be jointly represented only if 'the court has ascertained that . . . each understands clearly the possibilities of a conflict of interest and waives any rights in connection with it.' It must be emphasized that a 'waiver of the right to separate representation should not be accepted by the court unless the defendants have each been informed of the probable hazards; and the voluntary character of their waiver is apparent.' ABA Standards Relating to the Function of the Trial Judge at 45. United States v. Garcia, supra, spells out in significant detail what should be done to assure an adequate waiver: As in Rule 11 procedures, the district court should address each defendant personally and forthrightly advise him of the potential dangers of representation by counsel with a conflict of interest. The defendant must be at liberty to question the district court as to the nature and consequences of his legal representation. Most significantly, the court should seek to elicit a narrative response from each defendant that he has been advised of his right to effective representation, that he understands the details of his attorney's possible conflict of interest and the potential perils of such a conflict, that he has discussed the matter with his attorney or if he wishes with outside counsel, and that he voluntarily waives his Sixth Amendment protections. It is, of course, vital that the waiver be established by 'clear, unequivocal, and unambiguous language.' . . . Mere assent in response to a series of questions from the bench may in some circumstances constitute an adequate waiver, but the court should nonetheless endeavor to have each defendant personally articulate in detail his intent to forego this significant constitutional protection. Recordation of the waiver colloque between defendant and judge, will also serve the government's interest by assisting in shielding any potential conviction from collateral attack, either on Sixth Amendment grounds or on a Fifth or Fourteenth Amendment 'fundamental fairness' basis. See also Hyman, Joint Representation of Multiple Defendants in a Criminal Trial: The Court's Headache, 5 Hofstra L.Rev. 315, 334 (1977). Another possibility is that the court will order that the defendants be separately represented in subsequent proceedings in the case. Though the court must remain alert to and take account of the fact that 'certain advantages might accrue from joint representation,' Holloway v. Arkansas, supra, it need not permit the joint representation to continue merely because the defendants express a willingness to so proceed. That is, there will be cases where the court should require separate counsel to represent certain defendants despite the expressed wishes of such defendants. Indeed, failure of the trial court to require separate representation may . . . require a new trial, even though the defendants have expressed a desire to continue with the same counsel. The right to effective representation by counsel whose loyalty is undivided is so paramount in the proper administration of criminal justice that it must in some cases take precedence over all other considerations, including the expressed preference of the defendants concerned and their attorney. United States v. Carrigan, supra (concurring opinion). See also United States v. Lawriw, supra; Abraham v. United States, supra; ABA Standards Relating to the Defense Function at 213, concluding that in some circumstances 'even full disclosure and consent of the client may not be an adequate protection.' As noted in United States v. Dolan, 570 F.2d 1177 (3d Cir. 1978), such an order may be necessary where the trial judge is not satisfied that the waiver is proper. For example, a defendant may be competent enough to stand trial, but not competent enough to understand the complex, subtle, and sometimes unforeseeable dangers inherent in multiple representation. More importantly, the judge may find that the waiver cannot be intelligently made simply because he is not in a position to inform the defendant of the foreseeable prejudices multiple representation might entail for him. As concluded in Dolan, 'exercise of the court's supervisory powers by disqualifying an attorney representing multiple criminal defendants in spite of the defendants' express desire to retain that attorney does not necessarily abrogate defendant's sixth amendment rights'. It does not follow from the absolute right of self-representation recognized in Faretta v. California, 422 U.S. 806 (1975), that there is an absolute right to counsel of one's own choice. Thus, when a trial court finds an actual conflict of interest which impairs the ability of a criminal defendant's chosen counsel to conform with the ABA Code of Professional Responsibility, the court should not be required to tolerate an inadequate representation of a defendant. Such representation not only constitutes a breach of professional ethics and invites disrespect for the integrity of the court, but it is also detrimental to the independent interest of the trial judge to be free from future attacks over the adequacy of the waiver or the fairness of the proceedings in his own court and the subtle problems implicating the defendant's comprehension of the waiver. Under such circumstances, the court can elect to exercise its supervisory authority over members of the bar to enforce the ethical standard requiring an attorney to decline multiple representation. United States v. Dolan, supra. See also Geer, Conflict of Interest and Multiple Defendants in a Criminal Case: Professional Responsibilities of the Defense Attorney, 62 Minn.L.Rev. 119 (1978); Note, Conflict of Interests in Multiple Representation of Criminal Co-Defendants, 68 J.Crim.L.&C. 226 (1977). The failure in a particular case to conduct a rule 44(c) inquiry would not, standing alone, necessitate the reversal of a conviction of a jointly represented defendant. However, as is currently the case, a reviewing court is more likely to assume a conflict resulted from the joint representation when no inquiry or an inadequate inquiry was conducted. United States v. Carrigan, supra; United States v. DeBerry, supra. On the other hand, the mere fact that a rule 44(c) inquiry was conducted in the early stages of the case does not relieve the court of all responsibility in this regard thereafter. The obligation placed upon the court by rule 44(c) is a continuing one, and thus in a particular case further inquiry may be necessary on a later occasion because of new developments suggesting a potential conflict of interest. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. EFFECTIVE DATE OF 1979 AMENDMENT Amendment of this rule by addition of subd. (c) by order of the United States Supreme Court of Apr. 30, 1979, effective Dec. 1, 1980, see section 1(1) of Pub. L. 96-42, July 31, 1979, 93 Stat. 326, set out as a note under section 3771 of this title. -CROSS- CROSS REFERENCES Appearance personally or by counsel, see section 1654 of Title 28, Judiciary and Judicial Procedure. Arrest in distant district, informing defendant of right to retain counsel, see rule 40. Assignment of counsel in treason or other capital offenses, see section 3005 of this title. Assistance of counsel, see Const. Amend. VI. Magistrate to inform defendant of right to retain counsel in preliminary examination, see rule 5. ------DocID 26093 Document 16 of 386------ -CITE- 20 USC Sec. 44 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 44. Organization of board; expenses; gratuitous services -STATUTE- The Board of Regents shall meet in the city of Washington and elect one of their number as chancellor, who shall be the presiding officer of the Board of Regents, and called the chancellor of the Smithsonian Institution, and a suitable person as Secretary of the institution, who shall also be the secretary of the Board of Regents. The board shall also elect three of their own body as an executive committee, and shall fix the time for the regular meetings of the board; and, on application of any three of the regents to the Secretary of the institution, it shall be his duty to appoint a special meeting of the Board of Regents, of which he shall give notice, by letter, to each of the members; and, at any meeting of the board, eight shall constitute a quorum to do business. Each member of the board shall be paid his necessary traveling and other actual expenses, in attending meetings of the board, which shall be audited by the executive committee, and recorded by the Secretary of the board; but his service as regent shall be gratuitous. -SOURCE- (R.S. Sec. 5582; Dec. 15, 1970, Pub. L. 91-551, Sec. 1(d), 84 Stat. 1440.) -COD- CODIFICATION R.S. Sec. 5582 derived from act Aug. 10, 1846, ch. 178, Sec. 3, 9 Stat. 103. -MISC3- AMENDMENTS 1970 - Pub. L. 91-551 increased number of members required to constitute a quorum from five to eight. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title. ------DocID 27320 Document 17 of 386------ -CITE- 20 USC CHAPTER 44 -EXPCITE- TITLE 20 CHAPTER 44 -HEAD- CHAPTER 44 - VOCATIONAL EDUCATION -MISC1- Sec. 2301. Statement of purpose. 2302. Authorization of appropriations. (a) In general. (b) Subchapter I. (c) Basic programs. (d) Special programs. (e) National programs. (f) Other national programs. 2303. Interdepartmental Task Force on Vocational Education and Related Programs. (a) Establishment. (b) Membership. (c) Duties. (d) Report to Congress. SUBCHAPTER I - VOCATIONAL EDUCATION ASSISTANCE TO THE STATES PART A - ALLOTMENT AND ALLOCATION 2311. Allotment. (a) Allotment formula; minimum allotment. (b) Reallotments. (c) Allotment ratios. (d) 'State' defined. 2311a. The Territories. (a) The Territories. (b) Remainder. (c) Limitation. 2312. Within State allocation. (a) Programs other than State grants. (b) Matching requirement. (c) Hold harmless provision. 2313. Indian and Hawaiian natives programs. (a) Definitions; authority of Secretary to contract. (b) Indian tribes; fund expenditure plans; Bureau of Indian Affiars deemed State board. (c) Hawaiian natives. PART B - STATE ORGANIZATIONAL AND PLANNING RESPONSIBILITIES 2321. State administration. (a) Establishment of board; administrative responsibilities; delegation of functions. (b) Assignment of personnel by State; functions of personnel; implementing funds; 'State' defined. (c) Review of plans with respect to students with handicaps. (d) Needs of economically disadvantaged students. (e) Needs of students of limited English proficiency. (f) Program listing; availability to private industry councils. (g) Technical committees; procedures established by State board; membership. 2322. State council on vocational education. (a) Establishment; membership. (b) Certification requirements of establishment and membership. (c) Meetings; chairperson; rules for operating procedure and staffing. (d) Functions and duties. (e) Employment of professional, technical, and clerical personnel; contracts for employment of personnel for implementation of evaluation functions; comment statement. (f) Authorization of appropriations for grants to councils; amounts of grants; expenditure of funds. 2323. State plan. (a) In general. (b) Contents. (c) Amendments to State plan. 2324. State plan approval. (a) In general. (b) Time for submission; approval. 2325. State and local standards and measures. (a) General authority. (b) Requirements. (c) Consistency with other programs. (d) Information provided by State board. (e) Technical assistance. (f) Report. 2326. State assessment. (a) In general. (b) Deadline for assessment. 2327. Program evaluation and improvement. (a) Annual evaluation. (b) Local program improvement plan. (c) State and local joint plan. (d) Further action. 2328. Criteria for services and activities for individuals who are members of special populations. (a) Assurances of equal access for members of special populations. (b) Provision of information. (c) Assurances. (d) Participatory planning. SUBCHAPTER II - BASIC STATE GRANTS FOR VOCATIONAL EDUCATION PART A - STATE PROGRAMS 2331. State programs and State leadership. (a) General authority. (b) Required uses of funds. (c) Authorized activities. PART B - OTHER STATE-ADMINISTERED PROGRAMS SUBPART 1 - PROGRAMS TO PROVIDE SINGLE PARENTS, DISPLACED HOMEMAKERS, AND SINGLE PREGNANT WOMEN WITH MARKETABLE SKILLS AND TO PROMOTE ELIMINATION OF SEX BIAS 2335. Programs for single parents, displaced homemakers, and single pregnant women. (a) General authority. (b) Settings. 2335a. Sex equity programs. (a) General authority. (b) Waiver of age limit. 2335b. Competitive award of amounts; evaluation of programs. SUBPART 2 - CORRECTIONS EDUCATION 2336. Programs for criminal offenders. (a) Designation of State corrections educational agency. (b) Duties of State corrections educational agency. PART C - SECONDARY, POSTSECONDARY, AND ADULT VOCATIONAL EDUCATION PROGRAMS SUBPART 1 - WITHIN-STATE ALLOCATION 2341. Distribution of funds to secondary school programs. (a) General rule. (b) Minimum grant amount. (c) Limited jurisdiction agencies. (d) Allocations to area vocational education schools and intermediate educational agencies. 2341a. Distribution of funds to postsecondary and adult programs. (a) General rule. (b) Waiver for more equitable distribution. (c) Minimum grant amount. (d) Definitions. 2341b. Special rule for minimal allocation. (a) General authority. (b) Minimal amount. 2341c. Reallocation. (a) In general. (b) Reallocation of amounts returned late in academic year. SUBPART 2 - USES OF FUNDS 2342. Uses of funds. (a) General authority. (b) Priority. (c) Requirements for uses of funds. SUBPART 3 - LOCAL APPLICATION 2343. Local application. SUBCHAPTER III - SPECIAL PROGRAMS PART A - STATE ASSISTANCE FOR VOCATIONAL EDUCATION SUPPORT PROGRAMS BY COMMUNITY-BASED ORGANIZATIONS 2351. Applications. 2352. Uses of funds. (a) Financial assistance; joint programs of eligible recipients and community-based organizations; special services and activities. (b) Programs eligible for funding. PART B - CONSUMER AND HOMEMAKING EDUCATION 2361. Consumer and homemaking education grants. 2362. Use of funds from consumer and homemaking education grants. (a) Areas for which grants may be used. (b) Program development and improvement; support services and activities. (c) Expending grants in economically depressed areas with high rates of unemployment. 2363. Information dissemination and leadership. (a) Sharing experience with administrators; program planning; home economic education. (b) Limitation on use of funds. PART C - COMPREHENSIVE CAREER GUIDANCE AND COUNSELING PROGRAMS 2381. Grants for career guidance and counseling. 2382. Use of funds from career guidance and counseling grants. (a) Programs eligible for funding. (b) Goals for programs. (c) Minimum level of funding. 2383. Information dissemination and leadership. (a) Sharing of information with administrators. (b) Limitation on use of funds. PART D - BUSINESS-LABOR-EDUCATION PARTNERSHIP FOR TRAINING 2391. Findings and purpose. 2392. Authorization of grants. (a) Authority of Secretary to make grants. (b) Use of grants; accordance with State plans containing assurances to Secretary. (c) Business and industrial share; fair valuation; Federal share; demonstration of lack of capability to provide non-Federal share of costs. (d) Secretary to prescribe policies; allowable expenses. 2393. Use of funds. (a) Limitation on programs and projects. (b) Approval by State board; special considerations. (c) Limitation on expenditure of funds. (d) Covered programs. PART E - TECH-PREP EDUCATION 2394. Findings and purpose. (a) Findings. (b) Purpose. 2394a. Program authorized. (a) Discretionary amounts. (b) State grants. 2394b. Tech-prep education programs. (a) General authority. (b) Contents of program. (c) Additional authorized activities. 2394c. Applications. (a) In general. (b) Three-year plan. (c) Approval. (d) Special consideration. (e) Equitable distribution of assistance. (f) Notice. 2394d. Reports. (a) Report to Secretary. (b) Report to Congress. 2394e. Definitions. PART F - SUPPLEMENTARY STATE GRANTS FOR FACILITIES AND EQUIPMENT AND OTHER PROGRAM IMPROVEMENT ACTIVITIES 2395. Statement of purpose. 2395a. Allotment to States. 2395b. Allocation to local educational agencies. (a) Distribution of all grant amounts. (b) Grant amounts. 2395c. Uses of funds. 2395d. State applications. (a) In general. (b) Period of application. 2395e. Local applications. PART G - COMMUNITY EDUCATION EMPLOYMENT CENTERS AND VOCATIONAL EDUCATION LIGHTHOUSE SCHOOLS SUBPART 1 - COMMUNITY EDUCATION EMPLOYMENT CENTERS 2396. Purpose. 2396a. Program authorized. (a) In general. (b) Grant period. 2396b. Program requirements. 2396c. Support services requirements. 2396d. Parental and community participation. (a) In general. (b) Functions of Council. 2396e. Professional staff. (a) In general. (b) Teachers. 2396f. Eligibility. 2396g. Application. (a) Application required. (b) Contents of application. 2396h. Evaluation and report. (a) Local evaluation. (b) Report. 2396i. Definitions. SUBPART 2 - VOCATIONAL EDUCATION LIGHTHOUSE SCHOOLS 2396m. Vocational education lighthouse schools. (a) Program authorized. (b) Use of funds. PART H - TRIBALLY CONTROLLED POSTSECONDARY VOCATIONAL INSTITUTIONS 2397. Purpose. 2397a. Grants authorized. (a) General authority. (b) Use of grants. 2397b. Eligible grant recipients. 2397c. Grants to tribally controlled postsecondary vocational institutions. (a) Applications. (b) Initial grants. (c) Consultation. (d) Limitation. 2397d. Amount of grants. (a) Allowable expenses. (b) Payments. (c) Accounting. (d) Additional grants authorized. 2397e. Effect on other programs. (a) In general. (b) Prohibition on alteration of grant amount. (c) Prohibition on contract denial. 2397f. Grant adjustments. (a) Allocation. (b) Needs estimate. 2397g. Report on facilities and facilities improvement. (a) Study of training and housing needs. (b) Long-term study of facilities. (c) Construction and renovation grants. 2397h. Definitions. SUBCHAPTER IV - NATIONAL PROGRAMS PART A - RESEARCH AND DEVELOPMENT 2401. Research objectives. 2402. Research activities. (a) Conduct by Secretary; methods and strategies included. (b) Additional research activities. (c) Dissemination. (d) Preference; public and postsecondary institutions. (e) Program improvement activities. 2403. National assessment of vocational education programs. (a) In general. (b) Contents. (c) Consultation. (d) Study. 2404. National Center or Centers for Research in Vocational Education. (a) General authority. (b) Activities. (c) Dissemination and training. (d) Authorization of other research. PART B - DEMONSTRATION PROGRAMS 2411. Programs authorized. (a) In general. (b) Priority. 2412. Materials development in telecommunications. (a) General authority. (b) Federal share. (c) Use of funds. (d) Priority. 2413. Demonstration centers for training of dislocated workers. (a) General authority. (b) Evaluation. (c) Dissemination of information. (d) Eligible organizations. 2414. Professional development. (a) Training and study grants. (b) Leadership development awards. (c) Vocational educator training fellowships. (d) Internships for gifted and talented students. 2415. Blue Ribbon Vocational Education Programs. (a) Information dissemination. (b) Standards of excellence. (c) Awards. (d) Consultation. 2416. Development of business and education standards. (a) Findings. (b) General authority. (c) Matching requirement. (d) Application. 2417. Educational programs for Federal correctional institutions. (a) Program authorized. (b) Use of funds. 2418. Dropout prevention. (a) Program authorized. (b) Use of funds. (c) Priority. 2419. Model programs of regional training for skilled trades. (a) Program authorized. (b) Use of funds. (c) Special rule. 2420. Demonstration projects for integration of vocational and academic learning. (a) Program authorized. (b) Requirements relating to grant awards. 2420a. Cooperative demonstration programs. (a) Program authorized. (b) Types of programs included; recipient's contribution. (c) Program criteria. (d) Dissemination of program results. PART C - VOCATIONAL EDUCATION AND OCCUPATIONAL INFORMATION DATA SYSTEMS 2421. Data systems authorized. (a) Establishment of system. (b) Functions of system. (c) Contents of system. (d) Assessment of international competitiveness. (e) Use of and compatibility with other data collection systems. (f) Reports. (g) Vocational Education Advisory Task Force. (h) Assessment of educational progress activities. 2422. National Occupational Information Coordinating Committee. (a) Establishment of National Occupational Information Coordinating Committee; membership; functions. (b) State occupational information coordinating committees; membership; functions. (c) Demonstration program to monitor educational outcomes. (d) Use of funds. 2423. Information base for vocational education data system. (a) Information relating to students with handicaps. (b) Information relating to students who have completed secondary school. 2424. Miscellaneous provisions. (a) Collection of information at reasonable cost. (b) Cooperation of States. PART D - NATIONAL COUNCIL ON VOCATIONAL EDUCATION 2431. Repealed. PART E - BILINGUAL VOCATIONAL TRAINING 2441. Program authorized. (a) Authority of Secretary; institutions serving individuals with limited English proficiency; uses of grants and contracts. (b) Instructor training; preservice or inservice training; fellowships or traineeships; limitation on grant authority of Secretary. (c) Instructional and curriculum materials; methods; techniques; research and training. (d) Submission of application to Secretary; contents; Secretary to consult with State board; approval of application. (e) Consultation with Secretary of Labor; programs in Puerto Rico; gathering and dissemination of information. (f) Minimum funding for grants and contracts. PART F - GENERAL PROVISIONS 2451. Distribution of assistance. (a) In general. (b) Hold harmless. SUBCHAPTER V - GENERAL PROVISIONS PART A - FEDERAL ADMINISTRATIVE PROVISIONS 2461. Payments. (a) Federal share of costs of carrying out State plan. (b) State councils. 2462. Repealed. 2463. Maintenance of effort. (a) Limitation on payments; determination by Secretary. (b) Waiver of requirements. 2464, 2465. Repealed. 2466. Authority to make payments. 2466a. Regional meetings and negotiated rulemaking. (a) In general. (b) Draft regulations. (c) Special rule. (d) Applicability of Federal Advisory Committee Act. (e) Reservation of amounts. 2466b. Requirements relating to reports, plans, and regulations. 2466c. Federal laws guaranteeing civil rights. 2466d. Student assistance and other Federal programs. (a) Attendance costs not treated as income or resources. (b) Attendance costs. 2466e. Federal monitoring. PART B - STATE ADMINISTRATIVE PROVISIONS 2468. Joint funding. (a) General authority. (b) Applicable programs. (c) Issuance of regulations. (d) Use of funds as matching funds. 2468a. Review of regulations. (a) Establishment of Review Committee. (b) Limited exception. 2468b. Identification of State-imposed requirements. 2468c. Prohibition on use of funds to induce out-of-State relocation of businesses. 2468d. State administrative costs. 2468e. Additional administrative provisions. (a) In general. (b) Limitation. (c) Permissible services and activities. (d) Academic credit. PART C - DEFINITIONS 2471. Definitions. -COD- CODIFICATION The Carl D. Perkins Vocational and Applied Technology Education Act, comprising this chapter, was originally enacted as part A of Pub. L. 88-210, Dec. 18, 1963, 77 Stat. 403, known as the Vocational Education Act of 1963, and classified to sections 35 to 35n of this title. Because of the extensive amendments, reorganization of the subject matter, and expansion of the Act by the acts summarized below, the Act is shown, herein, as having been added by Pub. L. 98-524 or Pub. L. 101-392 without reference to intervening amendments. Part A of Pub. L. 88-210 was redesignated as title I and amended generally and reorganized by Pub. L. 90-576, title I, Sec. 101, Oct. 16, 1968, 82 Stat. 1064, and reclassified to chapter 32 (Sec. 1241 to 1393f) of this title. Title I of Pub. L. 88-210 was amended generally and reorganized by Pub. L. 94-482, title II, Sec. 202(a), Oct. 12, 1976, 90 Stat. 2169, and reclassified to this chapter (Sec. 2301 to 2461). Pub. L. 88-210 was amended by Pub. L. 98-524, Sec. 1, Oct. 19, 1984, 98 Stat. 2435, by striking out all after the enacting clause and inserting in lieu therof titles I to V (Sec. 1-521), to be cited as the Carl D. Perkins Vocational Education Act. Title II of Pub. L. 88-210 as added by Pub. L. 98-524 and amended, comprised subchapter II (Sec. 2331 et seq.) of this chapter. Such title is shown herein, however, as having been added by Pub. L. 101-392, title II, Sec. 201, Sept. 25, 1990, 104 Stat. 776, without reference to intervening amendments because of the extensive revision of the title's provisions by Pub. L. 101-392. Pub. L. 101-392, which made further extensive amendments to Pub. L. 88-210, amended section 1 of Pub. L. 88-210 to provide that the Act be cited as the Carl D. Perkins Vocational and Applied Technology Education Act, which comprises this chapter. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1013, 1203a, 1206a, 1425, 2764, 3266, 5066, 5103 of this title; title 8 section 1255a; title 29 sections 49f, 721, 1533, 1535, 1604, 1661c, 1697, 1751, 1754, 2308; title 40 App. sections 211, 214; title 42 sections 683, 3056a. ------DocID 28269 Document 18 of 386------ -CITE- 21 USC Sec. 44 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 44. Bonds of importers; examination; importations at ports having no examiner -STATUTE- On making entry at the customhouse of all teas, or merchandise described as tea, imported into the United States, the importer or consignee shall give a bond to the collector of the port that such merchandise shall not be removed from the warehouse until released by the collector, after it shall have been duly examined with reference to its purity, quality, and fitness for consumption. For the purpose of such examination samples of each line in every invoice of tea shall be submitted by the importer or consignee to the examiner, together with the sworn statement of such importer or consignee that such samples represent the true quality of each and every part of the invoice and accord with the specifications therein contained; or in the discretion of the Secretary of Health and Human Services, such samples shall be obtained by the examiner and compared by him with the standards established by this chapter. In cases where said tea, or merchandise described as tea, is entered at ports where there is no qualified examiner as provided in section 46 of this title, the consignee or importer shall in the manner aforesaid furnish under oath a sample of each line of tea to the collector or other revenue officer to whom is committed the collection of duties, and said officer shall also draw or cause to be drawn samples of each line in every invoice and shall forward the same to a duly qualified examiner as provided in said section. The bond required by this section shall also be conditioned for the payment of all customhouse charges which may attach to such merchandise prior to its being released or destroyed (as the case may be) under the provisions of this chapter. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 4, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 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 Transfer of Functions note set out under section 41 of this title. All offices of collector of customs in Bureau of Customs of Department of the Treasury ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, also set out in the Appendix to Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 45, 46 of this title. ------DocID 30646 Document 19 of 386------ -CITE- 22 USC CHAPTER 44 -EXPCITE- TITLE 22 CHAPTER 44 -HEAD- CHAPTER 44 - JAPAN-UNITED STATES FRIENDSHIP -MISC1- Sec. 2901. Congressional statement of findings and declaration of purpose. 2902. Japan-United States Friendship Trust Fund. (a) Establishment. (b) Use of amounts in Fund for promotion of scholarly, cultural, and artistic activities between Japan and United States. (c) Use of amounts in Fund for administrative expenses of Japan-United States Friendship Commission. (d) Authorization of appropriations; source of amounts. (e) Additional authorization of appropriations; source of amounts; subsequent use of unappropriated portion of amounts authorized to be appropriated. 2903. Japan-United States Friendship Commission. (a) Establishment; composition. (b) Compensation and travel expenses. (c) Chairman; quorum; meetings. 2904. Functions of Commission. (a) Promotion of scholarly, cultural, and artistic activities; grants. (b) Annual report. 2905. Administrative powers of Commission. 2906. Management of the Friendship Trust Fund. (a) Constituent amounts. (b) Investments by Secretary of Treasury in authorized obligations; issuance of obligations and special obligations; conditions of acquisition. (c) Sale of obligations; redemption of special obligations. (d) Credit to Fund of interest on, and proceeds from sale or redemption of, any obligations held in Fund. (e) Payments for implementation of programs and necessary expenses of Commission, appropriation of amounts; exceptions. ------DocID 31517 Document 20 of 386------ -CITE- 24 USC Sec. 44 -EXPCITE- TITLE 24 CHAPTER 2 -HEAD- Sec. 44. Repealed. Pub. L. 101-189, div. A, title III, Sec. 347(1), Nov. 29, 1989, 103 Stat. 1422 -MISC1- Section, R.S. Sec. 4818; Sept. 24, 1980, Pub. L. 96-357, Sec. 7(a), 94 Stat. 1183, related to funds for support of the Soldiers' and Airmen's Home. See section 2772 of Title 10, Armed Forces. ------DocID 31716 Document 21 of 386------ -CITE- 25 USC Sec. 44 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 44. Employment of Indians -STATUTE- In the Indian Service Indians shall be employed as herders, teamsters, and laborers, and where practicable in all other employments in connection with the agencies and the Indian Service. And it shall be the duty of the Secretary of the Interior and the Commissioner of Indian Affairs to enforce this provision. -SOURCE- (Aug. 15, 1894, ch. 290, Sec. 10, 28 Stat. 313.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Standards for Indians appointed to office, see section 472 of this title. ------DocID 33557 Document 22 of 386------ -CITE- 26 USC Sec. 44 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart D -HEAD- Sec. 44. Expenditures to provide access to disabled individuals -STATUTE- (a) General rule For purposes of section 38, in the case of an eligible small business, the amount of the disabled access credit determined under this section for any taxable year shall be an amount equal to 50 percent of so much of the eligible access expenditures for the taxable year as exceed $250 but do not exceed $10,250. (b) Eligible small business For purposes of this section, the term 'eligible small business' means any person if - (1) either - (A) the gross receipts of such person for the preceding taxable year did not exceed $1,000,000, or (B) in the case of a person to which subparagraph (A) does not apply, such person employed not more than 30 full-time employees during the preceding taxable year, and (2) such person elects the application of this section for the taxable year. For purposes of paragraph (1)(B), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 20 or more calendar weeks in the taxable year. (c) Eligible access expenditures For purposes of this section - (1) In general The term 'eligible access expenditures' means amounts paid or incurred by an eligible small business for the purpose of enabling such eligible small business to comply with applicable requirements under the Americans With Disabilities Act of 1990 (as in effect on the date of the enactment of this section). (2) Certain expenditures included The term 'eligible access expenditures' includes amounts paid or incurred - (A) for the purpose of removing architectural, communication, physical, or transportation barriers which prevent a business from being accessible to, or usable by, individuals with disabilities, (B) to provide qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments, (C) to provide qualified readers, taped texts, and other effective methods of making visually delivered materials available to individuals with visual impairments, (D) to acquire or modify equipment or devices for individuals with disabilities, or (E) to provide other similar services, modifications, materials, or equipment. (3) Expenditures must be reasonable Amounts paid or incurred for the purposes described in para