Archive for November, 2009
15 U.S.C. no. 635 : US Code – Section 635: Deposit of moneys; depositaries, custodians, and fiscal agents; contributions to employees’ compensation funds
15 U.S.C. no. 635 : US Code – Section 635: Deposit of moneys; depositaries, custodians, and fiscal agents; contributions to employees’ compensation funds Section 635
(a) All moneys of the Administration not otherwise employed maybe deposited with the Treasury of the United States subject tocheck by authority of the Administration. The Federal Reserve banksare authorized and directed to act as depositaries, custodians, andfiscal agents for the Administration in the general performance ofits powers conferred by this chapter. Any banks insured by theFederal Deposit Insurance Corporation, when designated by theSecretary of the Treasury, shall act as custodians and financialagents for the Administration. Each Federal Reserve bank, whendesignated by the Administrator as fiscal agent for theAdministration, shall be entitled to be reimbursed for all expensesincurred as such fiscal agent.(b) The Administrator shall contribute to the employees’compensation fund, on the basis of annual billings as determined bythe Secretary of Labor, for the benefit payments made from suchfund on account of employees engaged in carrying out functionsfinanced by the revolving fund established by section 633(c) ofthis title. The annual billings shall also include a statement ofthe fair portion of the cost of the administration of such fund,which shall be paid by the Administrator into the Treasury asmiscellaneous receipts.
(Pub. L. 85-536, Sec. 2, July 18, 1958, 72 Stat. 387.)PRIOR PROVISIONSPrior similar provisions were contained in section 206 of actJuly 30, 1953, ch. 282, title II, 67 Stat. 235, which waspreviously classified to this section. See Codification note setout under section 631 of this title.
15 U.S.C. no. 78y : US Code – Section 78Y: Court review of orders and rules Section 78Y
(a) Final Commission orders; persons aggrieved; petition; record;findings; affirmance, modification, enforcement, or setting asideof orders; remand to adduce additional evidence(1) A person aggrieved by a final order of the Commission enteredpursuant to this chapter may obtain review of the order in theUnited States Court of Appeals for the circuit in which he residesor has his principal place of business, or for the District ofColumbia Circuit, by filing in such court, within sixty days afterthe entry of the order, a written petition requesting that theorder be modified or set aside in whole or in part.(2) A copy of the petition shall be transmitted forthwith by theclerk of the court to a member of the Commission or an officerdesignated by the Commission for that purpose. Thereupon theCommission shall file in the court the record on which the ordercomplained of is entered, as provided in section 2112 of title 28and the Federal Rules of Appellate Procedure.(3) On the filing of the petition, the court has jurisdiction,which becomes exclusive on the filing of the record, to affirm ormodify and enforce or to set aside the order in whole or in part.(4) The findings of the Commission as to the facts, if supportedby substantial evidence, are conclusive.(5) If either party applies to the court for leave to adduceadditional evidence and shows to the satisfaction of the court thatthe additional evidence is material and that there was reasonableground for failure to adduce it before the Commission, the courtmay remand the case to the Commission for further proceedings, inwhatever manner and on whatever conditions the court considersappropriate. If the case is remanded to the Commission, it shallfile in the court a supplemental record containing any newevidence, any further or modified findings, and any new order.(b) Commission rules; persons adversely affected; petition; record;affirmance, enforcement, or setting aside of rules; findings;transfer of proceedings(1) A person adversely affected by a rule of the Commissionpromulgated pursuant to section 78f, 78i(h)(2), 78k, 78k-1,78o(c)(5) or (6), 78o-3, 78q, 78q-1, or 78s of this title mayobtain review of this rule in the United States Court of Appealsfor the circuit in which he resides or has his principal place ofbusiness or for the District of Columbia Circuit, by filing in suchcourt, within sixty days after the promulgation of the rule, awritten petition requesting that the rule be set aside.(2) A copy of the petition shall be transmitted forthwith by theclerk of the court to a member of the Commission or an officerdesignated for that purpose. Thereupon, the Commission shall filein the court the rule under review and any documents referred totherein, the Commission’s notice of proposed rulemaking and anydocuments referred to therein, all written submissions and thetranscript of any oral presentations in the rulemaking, factualinformation not included in the foregoing that was considered bythe Commission in the promulgation of the rule or proffered by theCommission as pertinent to the rule, the report of any advisorycommittee received or considered by the Commission in therulemaking, and any other materials prescribed by the court.(3) On the filing of the petition, the court has jurisdiction,which becomes exclusive on the filing of the materials set forth inparagraph (2) of this subsection, to affirm and enforce or to setaside the rule.(4) The findings of the Commission as to the facts identified bythe Commission as the basis, in whole or in part, of the rule, ifsupported by substantial evidence, are conclusive. The court shallaffirm and enforce the rule unless the Commission’s action inpromulgating the rule is found to be arbitrary, capricious, anabuse of discretion, or otherwise not in accordance with law;contrary to constitutional right, power, privilege, or immunity; inexcess of statutory jurisdiction, authority, or limitations, orshort of statutory right; or without observance of procedurerequired by law.(5) If proceedings have been instituted under this subsection intwo or more courts of appeals with respect to the same rule, theCommission shall file the materials set forth in paragraph (2) ofthis subsection in that court in which a proceeding was firstinstituted. The other courts shall thereupon transfer all suchproceedings to the court in which the materials have been filed.For the convenience of the parties in the interest of justice thatcourt may thereafter transfer all the proceedings to any othercourt of appeals.(c) Objections not urged before Commission; stay of orders andrules; transfer of enforcement or review proceedings(1) No objection to an order or rule of the Commission, for whichreview is sought under this section, may be considered by the courtunless it was urged before the Commission or there was reasonableground for failure to do so.(2) The filing of a petition under this section does not operateas a stay of the Commission’s order or rule. Until the court’sjurisdiction becomes exclusive, the Commission may stay its orderor rule pending judicial review if it finds that justice sorequires. After the filing of a petition under this section, thecourt, on whatever conditions may be required and to the extentnecessary to prevent irreparable injury, may issue all necessaryand appropriate process to stay the order or rule or to preservestatus or rights pending its review; but (notwithstanding section705 of title 5) no such process may be issued by the court beforethe filing of the record or the materials set forth in subsection(b)(2) of this section unless: (A) the Commission has denied a stayor failed to grant requested relief, (B) a reasonable period hasexpired since the filing of an application for a stay without adecision by the Commission, or (C) there was reasonable ground forfailure to apply to the Commission.(3) When the same order or rule is the subject of one or morepetitions for review filed under this section and an action forenforcement filed in a district court of the United States undersection 78u(d) or (e) of this title, that court in which thepetition or the action is first filed has jurisdiction with respectto the order or rule to the exclusion of any other court, andthereupon all such proceedings shall be transferred to that court;but, for the convenience of the parties in the interest of justice,that court may thereafter transfer all the proceedings to any othercourt of appeals or district court of the United States, whether ornot a petition for review or an action for enforcement wasoriginally filed in the transferee court. The scope of review by adistrict court under section 78u(d) or (e) of this title is in allcases the same as by a court of appeals under this section.(d) Other appropriate regulatory agencies(1) For purposes of the preceding subsections of this section,the term “Commission” includes the agencies enumerated in section78c(a)(34) of this title insofar as such agencies are actingpursuant to this chapter and the Secretary of the Treasury insofaras he is acting pursuant to section 78o-5 of this title.(2) For purposes of subsection (a)(4) of this section and section706 of title 5, an order of the Commission pursuant to section78s(a) of this title denying registration to a clearing agency forwhich the Commission is not the appropriate regulatory agency orpursuant to section 78s(b) of this title disapproving a proposedrule change by such a clearing agency shall be deemed to be anorder of the appropriate regulatory agency for such clearing agencyinsofar as such order was entered by reason of a determination bysuch appropriate regulatory agency pursuant to section 78s(a)(2)(C)or 78s(b)(4)(C) of this title that such registration or proposedrule change would be inconsistent with the safeguarding ofsecurities or funds.
(June 6, 1934, ch. 404, title I, Sec. 25, 48 Stat. 901; June 7,1934, ch. 426, 48 Stat. 926; June 25, 1948, ch. 646, Sec. 32(a), 62Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L.85-791, Sec. 10, Aug. 28, 1958, 72 Stat. 945; Pub. L. 94-29, Sec.20, June 4, 1975, 89 Stat. 158; Pub. L. 99-571, title I, Sec.102(k), Oct. 28, 1986, 100 Stat. 3220; Pub. L. 101-432, Sec. 6(b),Oct. 16, 1990, 104 Stat. 975.)REFERENCES IN TEXTThis chapter, referred to in subsecs. (a)(1) and (d)(1), was inthe original “this title”. See References in Text note set outunder section 78a of this title.The Federal Rules of Appellate Procedure, referred to in subsec.(a)(2), are set out in the Appendix to Title 28, Judiciary andJudicial Procedure.AMENDMENTS1990 – Subsec. (b)(1). Pub. L. 101-432 inserted “78i(h)(2),”after “section 78f,”.1986 – Subsec. (d)(1). Pub. L. 99-571 inserted “and the Secretaryof the Treasury insofar as he is acting pursuant to section 78o-5of this title”.1975 – Subsec. (a). Pub. L. 94-29 revised existing provisionsinto five numbered paragraphs.Subsec. (b). Pub. L. 94-29 substituted provisions permittingpersons adversely affected by any rule promulgated by theCommission pursuant to sections 78f, 78k, 78k-1, 78o(c)(5) or (6),78o-3, 78q, 78q-1, or 78s of this title to obtain direct review inan appropriate Court of Appeals for provisions that commencement ofproceedings under subsec. (a) shall not, unless specificallyordered by the court, operate as a stay of the Commission’s order.Subsecs. (c), (d). Pub. L. 94-29 added subsecs. (c) and (d).1958 – Subsec. (a). Pub. L. 85-791, in second sentence,substituted “transmitted by the clerk of the court to” for “servedupon”, struck out “certify and” before “file in the court”, struckout “a transcript of” after “file in the court”, and inserted “asprovided in section 2112 of title 28″, and, in third sentence,substituted “petition” for “transcript”, and “jurisdiction, whichupon the filing of the record shall be exclusive” for “exclusivejurisdiction”.CHANGE OF NAMEAct June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24,1949, substituted “court of appeals” for “circuit court ofappeals”.Act June 7, 1934, substituted “United States Court of Appeals forthe District of Columbia” for “Court of Appeals for District ofColumbia”.EFFECTIVE DATE OF 1986 AMENDMENTAmendment by Pub. L. 99-571 effective 270 days after Oct. 28,1986, see section 401 of Pub. L. 99-571, set out as an EffectiveDate note under section 78o-5 of this title.EFFECTIVE DATE OF 1975 AMENDMENTAmendment by Pub. L. 94-29 effective June 4, 1975, see section31(a) of Pub. L. 94-29, set out as a note under section 78b of thistitle.TRANSFER OF FUNCTIONSFor transfer of functions of Securities and Exchange Commission,with certain exceptions, to Chairman of such Commission, see Reorg.Plan No. 10 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175,64 Stat. 1265, set out under section 78d of this title.
15 U.S.C. no. 2204 : US Code – Section 2204: United States Fire Administration Section 2204
(a) EstablishmentThere is hereby established in the Department of Commerce anagency which shall be known as the United States FireAdministration.(b) AdministratorThere shall be at the head of the Administration theAdministrator of the United States Fire Administration. TheAdministrator shall be appointed by the President, by and with theadvice and consent of the Senate, and shall be compensated at therate now or hereafter provided for level IV of the ExecutiveSchedule pay rates (5 U.S.C. 5315). The Administrator shall reportand be responsible to the Director.(c) Deputy AdministratorThere shall be in the Administration a Deputy Administrator ofthe United States Fire Administration who shall be appointed by thePresident, by and with the advice and consent of the Senate, andwho shall be compensated at the rate now or hereafter provided forlevel V of the Executive Schedule pay rates (5 U.S.C. 5316). TheDeputy Administrator shall perform such functions as theAdministrator shall from time to time assign or delegate, and shallact as Administrator during the absence or disability of theAdministrator or in the event of a vacancy in the office ofAdministrator.
(Pub. L. 93-498, Sec. 5, Oct. 29, 1974, 88 Stat. 1536; Pub. L. 95-422, Sec. 2(a)(1), Oct. 5, 1978, 92 Stat. 932; Pub. L. 106-503,title I, Sec. 110(a)(2)(B)(i), Nov. 13, 2000, 114 Stat. 2302.)AMENDMENTS2000 – Subsec. (b). Pub. L. 106-503 substituted “Director” for”Secretary”.1978 – Subsecs. (a) to (c). Pub. L. 95-422 substituted “UnitedStates Fire Administration” for “National Fire Prevention andControl Administration”.TRANSFER OF FUNCTIONSFor transfer of functions, personnel, assets, and liabilities ofthe Federal Emergency Management Agency, including the functions ofthe Director of the Federal Emergency Management Agency relatingthereto, to the Secretary of Homeland Security, and for treatmentof related references, see sections 313(1), 551(d), 552(d), and 557of Title 6, Domestic Security, and the Department of HomelandSecurity Reorganization Plan of November 25, 2002, as modified, setout as a note under section 542 of Title 6.Functions of National Fire Prevention and Control Administration[now United States Fire Administration] and National Academy forFire Prevention and Control generally transferred to FederalEmergency Management Agency. For further details see Transfer ofFunctions note set out under section 2202 of this title.RE-ESTABLISHMENT OF POSITION OF UNITED STATES FIRE ADMINISTRATORPub. L. 108-169, title I, Sec. 102, Dec. 6, 2003, 117 Stat. 2036,provided that: “Section 1513 of the Homeland Security Act of 2002(6 U.S.C. 553) does not apply to the position or office ofAdministrator of the United States Fire Administration, who shallcontinue to be appointed and compensated as provided by section5(b) of the Federal Fire Prevention and Control Act of 1974 (15U.S.C. 2204(b)).”TERMINATION OR PRIVATIZATION OF FUNCTIONSPub. L. 105-108, Sec. 4, Nov. 20, 1997, 111 Stat. 2264, providedthat:”(a) In General. – Not later than 60 days before the terminationor transfer to a private sector person or entity of any significantfunction of the United States Fire Administration, as described insubsection (b), the Administrator of the United States FireAdministration shall transmit to Congress a report providing noticeof that termination or transfer.”(b) Covered Terminations and Transfers. – For purposes ofsubsection (a), a termination or transfer to a person or entitydescribed in that subsection shall be considered to be atermination or transfer of a significant function of the UnitedStates Fire Administration if the termination or transfer -”(1) relates to a function of the Administration that requiresthe expenditure of more than 5 percent of the total amount offunds made available by appropriations to the Administration; or”(2) involves the termination of more than 5 percent of theemployees of the Administration.”NOTICE OF REPROGRAMMING OR REORGANIZATIONPub. L. 105-108, Sec. 5, Nov. 20, 1997, 111 Stat. 2265, providedthat:”(a) Major Reorganization Defined. – With respect to the UnitedStates Fire Administration, the term ‘major reorganization’ meansany reorganization of the Administration that involves thereassignment of more than 25 percent of the employees of theAdministration.”(b) Notice of Reprogramming. – If any funds appropriatedpursuant to the amendments made by this Act [see Short Title of1997 Amendment note set out under section 2201 of this title] aresubject to a reprogramming action that requires notice to beprovided to the Committees on Appropriations of the Senate and theHouse of Representatives, notice of that action shall concurrentlybe provided to the Committee on Commerce, Science, andTransportation of the Senate and the Committee on Science of theHouse of Representatives.”(c) Notice of Reorganization. – Not later than 15 days beforeany major reorganization of any program, project, or activity ofthe United States Fire Administration, the Administrator of theUnited States Fire Administration shall provide notice to theCommittees on Science and Appropriations of the House ofRepresentatives and the Committees on Commerce, Science, andTransportation and Appropriations of the Senate.”ABOLITION OF POSITION OF DEPUTY ADMINISTRATORPosition of Deputy Administrator of National Fire Prevention andControl Administration abolished by section 301 of ReorganizationPlan No. 3 of 1978, Sec. 301, 43 F.R. 41944, 92 Stat. 3789, set outas a note under section 2201 of this title.
Section 2056 (a) Types of requirementsThe Commission may promulgate consumer product safety standardsin accordance with the provisions of section 2058 of this title. Aconsumer product safety standard shall consist of one or more ofany of the following types of requirements:(1) Requirements expressed in terms of performancerequirements.(2) Requirements that a consumer product be marked with oraccompanied by clear and adequate warnings or instructions, orrequirements respecting the form of warnings or instructions.Any requirement of such a standard shall be reasonably necessary toprevent or reduce an unreasonable risk of injury associated withsuch product.(b) Reliance of Commission upon voluntary standards(1) The Commission shall rely upon voluntary consumer productsafety standards rather than promulgate a consumer product safetystandard prescribing requirements described in subsection (a) ofthis section whenever compliance with such voluntary standardswould eliminate or adequately reduce the risk of injury addressedand it is likely that there will be substantial compliance withsuch voluntary standards.(2) The Commission shall devise procedures to monitor compliancewith any voluntary standards -(A) upon which the Commission has relied under paragraph (1);(B) which were developed with the participation of theCommission; or(C) whose development the Commission has monitored.(c) Contribution of Commission to development costIf any person participates with the Commission in the developmentof a consumer product safety standard, the Commission may agree tocontribute to the person’s cost with respect to such participation,in any case in which the Commission determines that suchcontribution is likely to result in a more satisfactory standardthan would be developed without such contribution, and that theperson is financially responsible. Regulations of the Commissionshall set forth the items of cost in which it may participate, andshall exclude any contribution to the acquisition of land orbuildings. Payments under agreements entered into under thissubsection may be made without regard to section 3324(a) and (b) oftitle 31.
(Pub. L. 92-573, Sec. 7, Oct. 27, 1972, 86 Stat. 1212; Pub. L. 94-284, Secs. 6, 7, 8(a), May 11, 1976, 90 Stat. 505, 506; Pub. L. 95-631, Secs. 3, 4(a)-(c), 5, Nov. 10, 1978, 92 Stat. 3742-3744; Pub.L. 97-35, title XII, Sec. 1202, Aug. 13, 1981, 95 Stat. 703; Pub.L. 101-608, title I, Sec. 107(a), Nov. 16, 1990, 104 Stat. 3111.)CODIFICATIONIn subsec. (c), “section 3324(a) and (b) of title 31″ substitutedfor “section 3648 of the Revised Statutes of the United States (31U.S.C. 529)” on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,1982, 96 Stat. 1067, the first section of which enacted Title 31,Money and Finance.AMENDMENTS1990 – Subsec. (b). Pub. L. 101-608 designated existingprovisions as par. (1) and added par. (2).1981 – Subsec. (a). Pub. L. 97-35 amended subsec. (a) generally,and in the requirements for consumer product safety standards,struck out reference to composition, contents, design,construction, finish, or packaging of consumer products, and struckout provision that the requirements of the standards other thanrequirements relating to labeling, warnings, or instructions,shall, whenever, feasible, be expressed in terms of performancerequirements.Subsec. (b). Pub. L. 97-35 amended subsec. (b) generally,substituting provisions relating to the reliance by the Commissionupon voluntary standards for provisions prescribing procedure fordevelopment of consumer product safety standards.Subsec. (c). Pub. L. 97-35 amended subsec. (c) generally,substituting provisions relating to contribution by the Commissionto the development cost of consumer safety standards for provisionsrelating to publication of proposed safety rules developed fromexisting standards.Subsec. (d). Pub. L. 97-35 struck out subsec. (d) which relatedto the acceptance of offers to develop proposed standards and theCommission’s contribution to development costs.Subsec. (e). Pub. L. 97-35 struck out subsec. (e) which relatedto development of proposed safety rules by the Commission.Subsec. (f). Pub. L. 97-35 struck out subsec. (f) which providedfor termination of rule-making proceedings and a statement relatingto the reasons therefor.1978 – Subsec. (b). Pub. L. 95-631, Sec. 3, designated existingprovision as par. (1), and in par. (1) as so redesignated,redesignated pars. (1) to (4) as subpars. (A) and (D), in subpar.(D) as so redesignated, inserted provision including as a means ofcommencing a proceeding, a publication in the Federal Register of astatement that the Commission intends to develop the proposedconsumer product safety standard, added subpar. (E), struck outprovision that the period specified within which the offeror of anaccepted offer develops the proposed standard be a period ending150 days after the date the offer was accepted unless theCommission for good cause found, and included such finding in thenotice that a different period was appropriate, and added par. (2).Subsec. (c). Pub. L. 95-631, Sec. 5, amended subsec. (c)generally, inserting provisions relating to subsec. (b)(1)(D) andstriking out provisions for publication of a proposed consumerproduct safety rule, in lieu of acceptance of an offer undersubsec. (d), where a standard had been issued or adopted by anyFederal agency or by any other qualified agency, organization, orinstitution and the standard if promulgated under the chapter wouldeliminate or reduce the unreasonable risk of injury associated withthe product.Subsec. (d)(1). Pub. L. 95-631, Sec. 4(a)(1), inserted”subsection (b)(2) and by” after “as provided by” and substitutedreferences to subsec. (b)(1)(D)(ii)(I) for (b)(4)(B) of thissection and subsec. (b)(1)(E) for (b) of this section.Subsec. (d)(2). Pub. L. 95-631, Sec. 4(a)(2)(A)-(C), inserted infirst sentence “or if any person participates with the Commissionin the development of a consumer product safety standard undersubsection (b)(2)(A) or subsection (e) of this section” after”under this subsection”, “or the person’s cost with respect to suchparticipation” after “safety standards” and “or person” after”offeror”.Subsec. (d)(4). Pub. L. 95-631, Sec. 4(a)(3), added par. (4).Subsec. (e). Pub. L. 95-631, Sec. (4)(b), amended provisionsgenerally, and among other changes, substituted references tosubsec. (b)(1)(D)(ii)(I) of this section for prior references tosubsec. (b) of this section, and struck out par. (3) defining thedevelopment period, now covered in subsec. (b)(1)(E) of thissection.Subsec. (f). Pub. L. 95-631, Sec. 4(c), amended provisionsgenerally, and among other changes, reduced the period within whichto publish a proposed consumer product safety standard to forty-five days from 150 days and required the publication in theFederal Register of the reasons for not publishing the proposedstandard, including a statement indicative of the taking of otherapproaches such as a voluntary consumer safety standard adopted bypersons to be subject to the proposed standard.1976 – Subsec. (a). Pub. L. 94-284, Sec. 6, designated existingprovision as par. (1), redesignated as subpars. (A) and (B)existing pars. (1) and (2), and added par. (2).Subsec. (b). Pub. L. 94-284, Sec. 7(a), substituted “date theoffer is accepted” for “publication of notice” in provisionfollowing par. (4)(B).Subsec. (d)(2). Pub. L. 94-284, Sec. 8(a), inserted provisionwhich permits the Commission to advance public moneys without theneed of authorized appropriations as required by section 529 oftitle 31.Subsec. (e). Pub. L. 94-284, Sec. 7(b), permitted the Commissionto develop and publish a proposed consumer safety product rule ifthe development period as specified in par. (3) ends.Subsec. (f). Pub. L. 94-284, Sec. 7(c), provided that if within60 days after publication of notice for a proceeding for thedevelopment of a consumer product safety standard (or longer if theCommission so prescribe), no offer is submitted or none isacceptable, the Commission terminate the proceeding or developproposals of its own, which proposals be published as a rule within150 days after the expiration of the 60 day period or theproceeding then terminated, and that if an offer is accepted withinthe 60 day period, then within 210 days after acceptance, theCommission must publish the proposal as a rule or terminate theproceeding.EFFECTIVE DATE OF 1981 AMENDMENTAmendment by Pub. L. 97-35 applicable with respect to regulationsunder this chapter and chapters 25 and 30 of this title for whichnotices of proposed rulemaking are issued after Aug. 14, 1981, seesection 1215 of Pub. L. 97-35, set out as a note under section 2052of this title.AUTOMATIC GARAGE DOOR OPENERSSection 203 of Pub. L. 101-608 provided that:”(a) Consumer Product Safety Rule. – The provisions of subsection(b) shall be considered to be a consumer product safety rule issuedby the Consumer Product Safety Commission under section 9 of theConsumer Product Safety Act [15 U.S.C. 2058].”(b) Requirements. -”(1) Effective on and after January 1, 1991, each automaticresidential garage door opener manufactured on or after that datefor sale in the United States shall conform to the entrapmentprotection requirements of the American National StandardsInstitute Underwriters Laboratories, Inc. Standards for Safety -UL 325, third edition, as revised May 4, 1988.”(2)(A) Effective on and after January 1, 1993, all residentialautomatic garage door openers manufactured on and after such datefor sale in the United States shall conform to any additionalentrapment protection requirements of the American NationalStandards Institute Underwriters Laboratories, Inc. Standards forSafety – UL 325, third edition, which were issued after the dateof the enactment of this Act [Nov. 16, 1990] to become effectiveon or before January 1, 1993.”(B) If, by June 1, 1992, the Underwriters Laboratories, Inc.,has not issued a revision to the May 4, 1988, Standards forSafety – UL 325, third edition, to require an entrapmentprotection feature or device in addition to that required by theMay 4, 1988, Standard, the Consumer Product Safety Commissionshall begin a rulemaking proceeding, to be completed no laterthan October 31, 1992, to require an additional such feature ordevice on all automatic residential garage door openersmanufactured on or after January 1, 1993, for sale in the UnitedStates. If such a revision is issued by the UnderwritersLaboratories, Inc. after the rulemaking has commenced, therulemaking shall be terminated and the revision shall beincorporated in the consumer product safety rule under subsection(a) unless the Commission has determined under subsection (c)that such revision does not carry out the purposes of subsection(b).”(c) Revision of Rule. – If, after June 1, 1992, or the date of arevision described in subsection (b)(2)(B) if later, theUnderwriters Laboratories, Inc. proposes to further revise theentrapment protection requirements of the American NationalStandards Institute Underwriters Laboratories, Inc. Standards forSafety – UL 325, third edition, the Laboratories shall notify theConsumer Product Safety Commission of the proposed revision and theproposed revision shall be incorporated in the consumer productsafety rule under subsection (a) unless, within 30 days of suchnotice, the Commission notifies the Laboratories that theCommission has determined that such revision does not carry out thepurposes of subsection (b).”(d) Labeling. – On and after January 1, 1991, a manufacturerselling or offering for sale in the United States an automaticresidential garage door opener manufactured on or after January 1,1991, shall clearly identify on any container of the system and onthe system the month or week and year the system was manufacturedand its conformance with the requirements of subsection (b). Thedisplay of the UL logo or listing mark, and compliance with thedate marking requirements of UL 325, on both the container and thesystem, shall satisfy the requirements of this subsection.”(e) Notification. – Effective on and after July 1, 1991, allmanufacturers of automatic residential garage door openers shall,in consultation with the Consumer Product Safety Commission, notifythe public of the potential for entrapment by garage doors equippedwith automatic garage door openers and advise the public to testtheir openers for the entrapment protection feature or devicerequired by subsection (b).”(f) Preemption. – In applying section 26(a) of the ConsumerProduct Safety Act (15 U.S.C. 2075) [15 U.S.C. 2075(a)] withrespect to the consumer product safety rule of the Consumer ProductSafety Commission under subsection (a), only those provisions oflaws of States or political subdivisions which relate to thelabeling of automatic residential garage door openers and thoseprovisions which do not provide at least the equivalent degree ofprotection from the risk of injury associated with automaticresidential garage door openers as the consumer product safety ruleprovides shall be subject to such section.”(g) Regulations. – Section 553 of title 5, United States Code,shall apply with respect to the issuance of any regulations by theConsumer Product Safety Commission to implement the requirements ofthis section and sections 7 and 9 of the Consumer Product SafetyAct [15 U.S.C. 2056, 2058] do not apply to such issuance. Anyadditional or revised requirement issued by the Commission shallprovide an adequate degree of protection to the public.”(h) Construction. – Nothing in this section shall affect ormodify in any way the obligations or liabilities of any personunder the common law or any Federal or State law.”",”15 U.S.C. no. 2056 : US Code – Section 2056: Consumer product safety standards
US Code – Subchapter III: National park foundation
16 U.S.C. no. 687 : US Code – Section 687: Grand Canyon Game Preserve included in park Section 687
Such parts of the Grand Canyon National Game Preserve, designatedunder authority of section 684 of this title, as are by this Actincluded with (!1) the Grand Canyon National Park are excluded andeliminated from said game preserve.
(Feb. 26, 1919, ch. 44, Sec. 9, 40 Stat. 1178.)REFERENCES IN TEXTThis Act, referred to in text, is act Feb. 26, 1919, ch. 44, 40Stat. 1175, as amended, which is classified principally tosubchapter XXIV (Sec. 221 et seq.) of chapter 1 of this title. Forcomplete classification of this Act to the Code, see Tables.(!1) So in original. Probably should be “within”.
US Code – Subchapter CXXIII: Land between the lakes protection Subchapter CXXIII
Ken Starr, Duane and Kelly Roberts Dean of the School of Law, will argue the case Ward v. NFL at the United States Court of Appeals, Fourth Circuit in Richmond, Virginia, on December 1.
15 U.S.C. no. 6409 : US Code – Section 6409: Pricing Section 6409
In all cases, the price of propane shall be determined by marketforces. Consistent with the antitrust laws, the Council may take noaction, nor may any provision of this chapter be interpreted asestablishing an agreement to pass along to consumers the cost ofthe assessment provided for in section 6405 of this title.
(Pub. L. 104-284, Sec. 10, Oct. 11, 1996, 110 Stat. 3375.)REFERENCES IN TEXTThe antitrust laws, referred to in text, are classified generallyto chapter 1 (Sec. 1 et seq.) of this title.
15 U.S.C. no. 643 : US Code – Section 643: Fair charge for use of Government-owned property Section 643
To the fullest extent the Administration deems practicable, itshall make a fair charge for the use of Government-owned propertyand make and let contracts on a basis that will result in arecovery of the direct costs incurred by the Administration.
(Pub. L. 85-536, Sec. 2, July 18, 1958, 72 Stat. 395.)PRIOR PROVISIONSPrior similar provisions were contained in section 220 of actJuly 30, 1953, ch. 282, title II, 67 Stat. 240, which waspreviously classified to section 649 of this title. The provisionsof section 214 of act July 30, 1953, formerly classified to thissection, were transferred to section 2 of Pub. L. 85-536, andare classified to section 644 of this title. See Codification noteset out under section 631 of this title.
15 U.S.C. no. 1530 : US Code – Section 1530: Awarding of contracts for performance of commercial activity by National Oceanic and Atmospheric Administration
15 U.S.C. no. 1530 : US Code – Section 1530: Awarding of contracts for performance of commercial activity by National Oceanic and Atmospheric Administration Section 1530
The Administration may not award any contract for the performanceof any “commercial activity”, as defined by paragraph 6.a. of theOffice of Management and Budget Circular Memorandum A-76, which isperformed by Administration employees until at least 30 calendardays after the Administrator of the Administration has presented,in writing, to the President of the Senate, the Speaker of theHouse of Representatives, the Committee on Commerce, Science, andTransportation of the Senate, and the Committee on Merchant Marineand Fisheries and the Committee on Science, Space, and Technologyof the House of Representatives, a full and complete description ofsuch proposed contract, together with supporting documentation.Such documentation shall include -(1) a comparison of the cost of such activity as performed byemployees of the Administration and the cost of such activity asperformed under the proposed contract;(2) a comparison of the services performed by employees of theAdministration and the services to be performed under theproposed contract; and(3) an assessment of the benefits to the Federal Government ofproceeding with the proposed contract.
(Pub. L. 99-272, title VI, Sec. 6083, Apr. 7, 1986, 100 Stat. 135;Pub. L. 103-437, Sec. 5(b)(3), Nov. 2, 1994, 108 Stat. 4582.)AMENDMENTS1994 – Pub. L. 103-437 in introductory provisions substituted”Committee on Science, Space, and Technology” for “Committee onScience and Technology” before “of the House”.CHANGE OF NAMECommittee on Science, Space, and Technology of House ofRepresentatives treated as referring to Committee on Science ofHouse of Representatives by section 1(a) of Pub. L. 104-14, set outas a note preceding section 21 of Title 2, The Congress.ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIESCommittee on Merchant Marine and Fisheries of House ofRepresentatives abolished and its jurisdiction transferred by HouseResolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Fortreatment of references to Committee on Merchant Marine andFisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a notepreceding section 21 of Title 2, The Congress.
15 U.S.C. no. 1293 : US Code – Section 1293: Intercollegiate and interscholastic football contest limitations
15 U.S.C. no. 1293 : US Code – Section 1293: Intercollegiate and interscholastic football contest limitations Section 1293
The first sentence of section 1291 of this title shall not applyto any joint agreement described in such section which permits thetelecasting of all or a substantial part of any professionalfootball game on any Friday after six o’clock postmeridian or onany Saturday during the period beginning on the second Friday inSeptember and ending on the second Saturday in December in any yearfrom any telecasting station located within seventy-five miles ofthe game site of any intercollegiate or interscholastic footballcontest scheduled to be played on such a date if -(1) such intercollegiate football contest is betweeninstitutions of higher learning both of which confer degrees uponstudents following completion of sufficient credit hours to equala four-year course, or(2) in the case of an interscholastic football contest, suchcontest is between secondary schools, both of which areaccredited or certified under the laws of the State or States inwhich they are situated and offer courses continuing through thetwelfth grade of the standard school curriculum, or theequivalent, and(3) such intercollegiate or interscholastic football contestand such game site were announced through publication in anewspaper of general circulation prior to August 1 of such yearas being regularly scheduled for such day and place.
(Pub. L. 87-331, Sec. 3, Sept. 30, 1961, 75 Stat. 732; Pub. L. 89-800, Sec. 6(b)(3), Nov. 8, 1966, 80 Stat. 1515.)AMENDMENTS1966 – Pub. L. 89-800 substituted “The first sentence of section1291 of this title” for “Section 1291 of this title” at beginningof section, extended limitation granted for football contests ongame sites located within 75 miles of telecasting stations toinclude interscholastic contests, redesignated cl. (2) as (3),added a new cl. (2), and, in cl. (3) as so redesignated,substituted “newspaper of general circulation prior to August 1″for “daily newspaper of general circulation prior to March 1″ asdescription of the type newspaper required for the announcement ofthe game site of intercollegiate or interscholastic football games.
16 U.S.C. no. 698h : US Code – Section 698H: Right of use and occupancy of improved property on Big Cypress Preserve and Addition
16 U.S.C. no. 698h : US Code – Section 698H: Right of use and occupancy of improved property on Big Cypress Preserve and Addition Section 698H
(a) Election of right of use and occupancy; payment of fair marketvalue; termination of rightThe owner of an improved property on the date of its acquisitionby the Secretary may, as a condition of such acquisition, retainfor himself and his heirs and assigns a right of use of andoccupancy of the improved property for a definite term of not morethan twenty-five years or, in lieu thereof, for a term ending atthe death of the owner or the death of his spouse, whichever islater. The owner shall elect the term to be reserved. Unless thisproperty is wholly or partially donated to the United States, theSecretary shall pay the owner the fair market value of the propertyon the date of acquisition less the fair market value, on thatdate, of the right retained by the owner. A right retained pursuantto this section shall be subject to termination by the Secretaryupon his determination that it is being exercised in a mannerinconsistent with the purposes of sections 698f to 698m-4 of thistitle, which shall include the exercise of such right in violationof any applicable State or local laws and ordinances, and it shallterminate by operation of law upon the Secretary’s notifying theholder of the right of such determination and tendering to him anamount equal to the fair market value of that portion of the rightwhich remains unexpired.(b) “Improved property” definedAs used in sections 698f to 698m-4 of this title, the term”improved property” means:(i) a detached one family dwelling, construction of which wasbegun before November 23, 1971, with respect to the preserve andJanuary 1, 1986, with respect to the Addition which is used fornoncommercial residential purposes, together with not to exceedthree acres of land on which the dwelling is situated and suchadditional lands as the Secretary deems reasonably necessary foraccess thereto, such land being in the same ownership as thedwelling, and together with any structures accessory to thedwelling which are situated on such lands and(ii) any other building, construction of which was begun beforeNovember 23, 1971, with respect to the preserve and January 1,1986, with respect to the Addition which was constructed and isused in accordance with all applicable State and local laws andordinances, together with as much of the land on which thebuilding is situated, such land being in the same ownership asthe building, as the Secretary shall designate to be reasonablynecessary for the continued enjoyment and use of the building inthe same manner and to the same extent as existed in November 23,1971, or January 1, 1986, as the case may be, together with anystructures accessory to the building which are situated on thelands so designated. In making such designation the Secretaryshall take into account the manner of use in which the building,accessory structures, and lands were customarily enjoyed prior toNovember 23, 1971 or January 1, 1986, as the case may be.(!1)(c) Waiver of right to relocation assistance by election of rightof use and occupancyWhenever an owner of property elects to retain a right of use andoccupancy as provided in this section, such owner shall be deemedto have waived any benefits or rights accruing under sections 4623,4624, 4625, and 4626 of title 42, and for the purposes of suchsections such owner shall not be considered a displaced person asdefined in section 4601(6) of title 42.
(Pub. L. 93-440, Sec. 3, Oct. 11, 1974, 88 Stat. 1259; Pub. L. 100-301, Sec. 4(f), Apr. 29, 1988, 102 Stat. 445.)AMENDMENTS1988 – Subsec. (b)(i). Pub. L. 100-301, Sec. 4(f)(1), inserted”with respect to the preserve and January 1, 1986, with respect tothe Addition” after “November 23, 1971,”.Subsec. (b)(ii). Pub. L. 100-301, Sec. 4(f)(2)(A), inserted “withrespect to the preserve and January 1, 1986, with respect to theAddition” after “November 23, 1971,”.Pub. L. 100-301, Sec. 4(f)(2)(B), which directed insertion of “orJanuary 1, 1986, as the case may be,” after “November 23, 1971,”the second and third places it appears, was executed by making theinsertion after “November 23, 1971,” the second place it appearsand after “November 23, 1971″ preceding the period as the probableintent of Congress.(!1) See 1988 Amendment note below.
These summaries are prepared by the Office of Public Information solely to help news reporters determine if they want to cover the arguments. The summaries are not part of the case record and are not considered by the Court at any point during its deliberations.
15 U.S.C. no. 78jjj : US Code – Section 78JJJ: Prohibited acts Section 78JJJ
(a) Failure to pay assessment, etc.If a member of SIPC shall fail to file any report or informationrequired pursuant to this chapter, or shall fail to pay when dueall or any part of an assessment made upon such member pursuant tothis chapter, and such failure shall not have been cured, by thefiling of such report or information or by the making of suchpayment, together with interest and penalty thereon, within fivedays after receipt by such member of written notice of such failuregiven by or on behalf of SIPC, it shall be unlawful for suchmember, unless specifically authorized by the Commission, to engagein business as a broker or dealer. If such member denies that itowes all or any part of the amount specified in such notice, it mayafter payment of the full amount so specified commence an actionagainst SIPC in the appropriate United States district court torecover the amount it denies owing.(b) Engaging in business after appointment of trustee or initiationof direct payment procedureIt shall be unlawful for any broker or dealer for whom a trusteehas been appointed pursuant to this chapter or for whom a directpayment procedure has been initiated to engage thereafter inbusiness as a broker or dealer, unless the Commission otherwisedetermines in the public interest. The Commission may by order baror suspend for any period, any officer, director, general partner,owner of 10 per centum or more of the voting securities, orcontrolling person of any broker or dealer for whom a trustee hasbeen appointed pursuant to this chapter or for whom a directpayment procedure has been initiated from being or becomingassociated with a broker or dealer, if after appropriate notice andopportunity for hearing, the Commission shall determine such bar orsuspension to be in the public interest.(c) Concealment of assets; false statements or claims(1) Specific prohibited actsAny person who, directly or indirectly, in connection with orin contemplation of any liquidation proceeding or direct paymentprocedure -(A) employs any device, scheme, or artifice to defraud;(B) engages in any act, practice, or course of business whichoperates or would operate as a fraud or deceit upon any person;or(C) fraudulently or with intent to defeat this chapter -(i) conceals or transfers any property belonging to theestate of a debtor;(ii) makes a false statement or account;(iii) presents or uses any false claim for proof againstthe estate of a debtor;(iv) receives any material amount of property from adebtor;(v) gives, offers, receives, transfers, or obtains anymoney or property, remuneration, compensation, reward,advantage, other consideration, or promise thereof, foracting or forebearing to act;(vi) conceals, destroys, mutilates, falsifies, makes afalse entry in, or otherwise falsifies any document affectingor relating to the property or affairs of a debtor; or(vii) withholds, from any person entitled to itspossession, any document affecting or relating to theproperty or affairs of a debtor,shall be fined not more than $50,000 or imprisoned for not morethan five years, or both.(2) Fraudulent conversionAny person who, directly or indirectly steals, embezzles, orfraudulently, or with intent to defeat this chapter, abstracts orconverts to his own use or to the use of another any of themoneys, securities, or other assets of SIPC, or otherwisedefrauds or attempts to defraud SIPC or a trustee by any means,shall be fined not more than $50,000 or imprisoned not more thanfive years, or both.
(Pub. L. 91-598, Sec. 14, formerly Sec. 10, Dec. 30, 1970, 84 Stat.1655; renumbered Sec. 14 and amended Pub. L. 95-283, Secs. 9, 13,May 21, 1978, 92 Stat. 260, 269.)REFERENCES IN TEXTThis chapter, referred to in subsecs. (a), (b), and (c)(1)(C),(2), was in the original “this Act”, meaning Pub. L. 91-598, Dec.30, 1970, 84 Stat. 1636. For complete classification of this Act tothe Code, see Tables.AMENDMENTS1978 – Subsec. (a). Pub. L. 95-283, Sec. 13(a), inserted “andpenalty” after “interest”, and substituted “it” for “he” whereverappearing.Subsec. (b). Pub. L. 95-283, Sec. 13(b), in heading inserted “orinitiation of direct payment procedure” after “trustee”, and intext inserted references to initiation of direct payment procedurein two places.Subsec. (c). Pub. L. 95-283, Sec. 13(c), in heading substituted”Concealment of assets; false statements or claims” for”Embezzlement, etc., of assets of SIPC”, added par. (1), anddesignated existing provisions as par. (2) and, as so designated,inserted references to direct or indirect acts, and provisionscovering defrauding or attempts to defraud SIPC or a trustee, andsubstituted provisions covering activities constituting fraudulent,or with intent to defeat this chapter, abstracts or conversions,for provisions covering activities constituting unlawfullyabstracting or unlawfully and willfully converting moneys, etc.
Pepperdine University’s Nootbaar Fellow John Napier (JD ’09) was featured in the Daily Journal’s New Lawyer publication on November 24. The article, “Pepperdine Grad Takes Mediation to the World,” tells the story of John Napier, who embarked on a yearlong fellowship in Kampala, Uganda, upon graduating from the School of Law in May.
Najwa Nabti, the 2006-07 Orrick International Law Fellow, discussed working in the ICJ Traineeship Programme during a lunch talk at the Law School on Monday. Professor Deena Hurwitz also discussed applying for the fellowship.
Pepperdine University School of Law took gold at the Chicago Bar Association Constitutional Law Moot Court Competition on Nov. 21, in Chicago, Illinois. Second-year students Janelle White and Dustin May advanced to the final four and won Second Place Brief. Third-year Melissa Thornsberry and second-year Will Glaser were the champions.
US Code – Subchapter IV: The madrid protocol Subchapter IV
15 U.S.C. no. 720e : US Code – Section 720E: Judicial review Section 720E
(a) Exclusive jurisdictionExcept for review by the Supreme Court on writ of certiorari, theUnited States Court of Appeals for the District of Columbia Circuitshall have original and exclusive jurisdiction to determine -(1) the validity of any final order or action (including afailure to act) of any Federal agency or officer under thischapter;(2) the constitutionality of any provision of this chapter, orany decision made or action taken under this chapter; or(3) the adequacy of any environmental impact statement preparedunder the National Environmental Policy Act of 1969 (42 U.S.C.4321 et seq.) with respect to any action under this chapter.(b) Deadline for filing claimA claim arising under this chapter may be brought not later than60 days after the date of the decision or action giving rise to theclaim.(c) Expedited considerationThe United States Court of Appeals for the District of ColumbiaCircuit shall set any action brought under subsection (a) forexpedited consideration, taking into account the national interestof enhancing national energy security by providing access to thesignificant gas reserves in Alaska needed to meet the anticipateddemand for natural gas.
(Pub. L. 108-324, div. C, Sec. 107, Oct. 13, 2004, 118 Stat. 1261.)REFERENCES IN TEXTThis chapter, referred to in subsecs. (a) and (b), was in theoriginal “this division”, meaning division C of Pub. L. 108-324,Oct. 13, 2004, 118 Stat. 1255, which is classified principally tothis chapter. For complete classification of division C to theCode, see Short Title note set out under section 720 of this titleand Tables.The National Environmental Policy Act of 1969, referred to insubsec. (a)(3), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, asamended, which is classified generally to chapter 55 (Sec. 4321 etseq.) of Title 42, The Public Health and Welfare. For completeclassification of this Act to the Code, see Short Title note setout under section 4321 of Title 42 and Tables.CODIFICATIONSection is comprised of section 107 of Pub. L. 108-324. Subsec.(d) of section 107 of Pub. L. 108-324 amended section 719h of thistitle.