Archive for April, 2011
An Analysis of the U.N. Protect, Respect and Remedy Framework Guiding Principles, Part II–The Draft Guiding Principles: Section By Section Analysis
Part I: From Conception to Principle—The development of the Protect-Respect-Remedy Framework and the Drafting of the Guiding PrinciplesII. The Draft Guiding Principles: Section by Section AnalysisIII. Between Draft and Final Guiding Principles: Stakeholder Comments and Conceptual Issues.IV. The Final Guiding Principles: Section By Section Analysis
[i] GP Principles 1-11.
Five firms are advising various parties on a deal that will see Enterprise Products Partners reacquire former subsidiary Duncan Energy Partners.
María Pabón López, Robert Wilcox, and Stephen Mazza are all among the new law dean announcements coming fast and furious as the academic year draws to a close.
The Future Ed conference took place in New York on April 16 and drew more than 100 academics to discuss innovation in legal education, including how to best use tenured faculty.
The Health and Safety Executive (HSE) has successfully prosecuted a waste company for the death of a 61-year-old woman in 2007.
Brighton resident Anne Smith died after she was hit by a refuse vehicle reversing in Brighton city centre in the early hours of the morning.
An HSE investigation found that there were multiple breaches which led to the death. The refuse collection vehicle had reversed without a reversing assistant or banksman, contrary to the company’s policies.
The vehicle’s CCTV at the rear of the vehicle was also defective. And further, the audible reversing siren was turned off. HSE reports that the driver had believed that the use of this alarm was prohibited before 7.00am.
The company, Team Waste (Southern) Ltd of Turners Hill, Sussex, was found to have breached health and safety laws, leading to the tragic death.
Lewes Crown Court found that the company had failed to ensure that such control measures, which were in fact contained in their own risk assessment, were put into practice.
The company was found guilty of breaching section 3(1) of the Health and Safety at Work Act 1974. Section 3(1) of the Health and Safety at Work Act 1974 provides that every employer has a duty ‘to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.’
The company has been fined £250,000 and ordered to pay costs.
HSE’s Inspector Sharon Humphrey said: “This incident could have been prevented had simple, low-cost and readily available precautions been put in place. Detailed guidance freely available from HSE outlines the requirements of the law and provides advice on the practical measures to take.”
2 U.S.C. no. 46a : US Code – Section 46A: Stationery allowance for President of Senate Chapter 3
Effective April 1, 1975, and each fiscal year thereafter, theannual allowance for stationery for the President of the Senateshall be $8,000.
(July 1, 1941, ch. 268, 55 Stat. 450; June 13, 1945, ch. 189, 59Stat. 244; June 14, 1948, ch. 467, 62 Stat. 425; Oct. 11, 1951, ch.485, 65 Stat. 391; Aug. 1, 1953, ch. 304, title I, 67 Stat. 320;Aug. 5, 1955, ch. 568, 69 Stat. 504; Pub. L. 88-258, title IV, Jan.6, 1964, 77 Stat. 864; Pub. L. 90-21, title I, May 29, 1967, 81Stat. 38; Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 342; Pub. L. 92-51, July 9, 1971, 85 Stat. 128; Pub. L. 92-184, ch. IV, Dec. 15,1971, 85 Stat. 635; Pub. L. 92-607, ch. V, Sec. 506(k)(3), formerlySec. 506(h)(3), Oct. 31, 1972, 86 Stat. 1508, renumbered Sec.506(i)(3), Pub. L. 95-391, title I, Sec. 108(a), Sept. 30, 1978, 92Stat. 773, renumbered Sec. 506(j)(3), Pub. L. 96-304, title I, Sec.101(e), July 8, 1980, 94 Stat. 889, renumbered Sec. 506(k)(3), Pub.L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189; Pub. L. 94-32,title I, June 12, 1975, 89 Stat. 182; Pub. L. 108-7, div. H, titleI, Sec. 2(a), Feb. 20, 2003, 117 Stat. 349.)CODIFICATION Section is from Legislative Branch Appropriation Act, 1942, andsubsequent Legislative Branch Appropriation Acts.AMENDMENTS 2003 – Pub. L. 108-7 substituted “$8,000″ for “$4,500″.1975 – Pub. L. 94-32 substituted “Effective April 1, 1975, andeach fiscal year thereafter” for “Effective with the fiscal year1972 and thereafter” and “$4,500″ for “$3,600″.1972 – Pub. L. 92-607 repealed this section insofar as it relatedto Senators. For purposes of codification this entailedsubstituting a period for a comma following “President of theSenate shall be $3,600″ and striking out provisions which allowedSenators from $3,600 to $5,000 annually depending on the populationof the Senator’s home State. See section 58 of this title.1971 – Pub. L. 92-184 inserted provision for an increasedallowance for Senators from more populous States ranging from$3,800 for Senators from States of from 3,000,000 to 4,999,999population to $5,000 for Senators from States of 17,000,000population and over.Pub. L. 92-51 provided allowance for Senators from States havingpopulation of ten million or more inhabitants of $4,000 per annumeffective fiscal year 1972 and thereafter.1969 – Pub. L. 91-145 increased allowance from $3,000 to $3,600effective with fiscal year 1970.1967 – Pub. L. 90-21 increased allowance from $2,400 to $3,000effective with fiscal year 1967.1964 – Pub. L. 88-258 increased allowance from $1,800 to $2,400effective with fiscal year 1964.1955 – Act Aug. 5, 1955, increased allowance from $1,200 to$1,800.1953 – Act Aug. 1, 1953, increased allowance from $800 to $1,200effective with fiscal year 1954.1951 – Act Oct. 11, 1951, increased allowance from $500 to $800.1948 – Act June 14, 1948, increased allowance from $400 to $500.1945 – Act June 13, 1945, increased allowance from $200 to $400.EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-7, div. H, title I, Sec. 2(b), Feb. 20, 2003, 117Stat. 349, provided that: “The amendment made by this section[amending this section] shall apply to fiscal year 2003 and eachfiscal year thereafter.”EFFECTIVE DATE OF 1972 AMENDMENT Section 506(k), formerly Sec. 506(h), of Pub. L. 92-607,renumbered Sec. 506(i) by Pub. L. 95-391, title I, Sec. 108(a),Sept. 30, 1978, 92 Stat. 773, renumbered Sec. 506(j) by Pub. L. 96-304, title I, Sec. 101, July 8, 1980, 94 Stat. 889, and renumberedSec. 506(k) by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat.1189, provided that the amendment made by that section is effectiveJan. 1, 1973.ADDITIONAL ALLOWANCES The following acts authorized additional stationery allowancesfor each Senator and the President of the Senate:July 15, 1952, ch. 758, Ch. II, 66 Stat. 639.Sept. 27, 1950, ch. 1052, Ch. II, 64 Stat. 1047.Oct. 10, 1949, ch. 662, title I, 63 Stat. 738.May 10, 1948, ch. 270, 62 Stat. 213.May 1, 1947, ch. 49, title I, 61 Stat. 58.July 23, 1946, ch. 591, title I, 60 Stat. 602.Dec. 28, 1945, ch. 589, title I, 59 Stat. 633.
2 U.S.C. no. 72b : US Code – Section 72B: Regulations governing availability of appropriations for House committee employees
2 U.S.C. no. 72b : US Code – Section 72B: Regulations governing availability of appropriations for House committee employees Chapter 4
Appropriations for committee employees shall be available in suchamounts and under such regulations as may be approved by theCommittee on House Oversight for compensation of employees of thestanding committees of the House of Representatives, except theCommittee on Appropriations.
(July 17, 1947, ch. 262, 61 Stat. 367; Pub. L. 104-186, title II,Sec. 204(12), Aug. 20, 1996, 110 Stat. 1731.)AMENDMENTS 1996 – Pub. L. 104-186 substituted “House Oversight” for “HouseAdministration”.CHANGE OF NAME Committee on House Oversight of House of Representatives changedto Committee on House Administration of House of Representatives byHouse Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
2 U.S.C. no. 31a-2c : US Code – Section 31A-2C: Transfer of funds from appropriations account of Majority and Minority Whips of Senate to appropriations account, Miscellaneous Items, within Senate contingent fund
2 U.S.C. no. 31a-2c : US Code – Section 31A-2C: Transfer of funds from appropriations account of Majority and Minority Whips of Senate to appropriations account, Miscellaneous Items, within Senate contingent fund Chapter 3
(a) Requests for transfersUpon the written request of the Majority or Minority Whip of theSenate, the Secretary of the Senate shall transfer during anyfiscal year, from the appropriations account appropriated under theheadings “Salaries, Officers and Employees” and “offices of themajority and minority whips”, such amount as either whip shallspecify to the appropriations account, within the contingent fundof the Senate, “miscellaneous items”.(b) Authority to incur expensesThe Majority and Minority Whips of the Senate are each authorizedto incur such expenses as may be necessary or appropriate. Expensesincurred by either such whip shall be paid from the amounttransferred pursuant to subsection (a) of this section by such whipand upon vouchers approved by such whip.(c) Authority to advance sumsThe Secretary of the Senate is authorized to advance such sums asmay be necessary to defray expenses incurred in carrying outsubsections (a) and (b) of this section.
(Pub. L. 105-55, title I, Sec. 2, Oct. 7, 1997, 111 Stat. 1180.)CODIFICATION Section is from the Congressional Operations Appropriations Act,1998, which is title I of the Legislative Branch AppropriationsAct, 1998.
2 U.S.C. no. 168a : US Code – Section 168A: Printing of Constitution Annotated as Senate documents Chapter 5
All hardbound revised editions and all cumulative pocket-partsupplements shall be printed as Senate documents.
(Pub. L. 91-589, Sec. 2, Dec. 24, 1970, 84 Stat. 1586.)
2 U.S.C. no. 107 : US Code – Section 107: Opening bids for Senate and House stationery; awarding contracts
2 U.S.C. no. 107 : US Code – Section 107: Opening bids for Senate and House stationery; awarding contracts Chapter 4
All such proposals shall be kept sealed until the day specifiedin such advertisement for opening the same, when the same shall beopened in the presence of at least two persons, and the contractshall be given to the lowest bidder, provided he shall givesatisfactory security to perform the same, under a forfeiture notexceeding double the contract price in case of failure; and in casethe lowest bidder shall fail to enter into such contract and givesuch security, within a time to be fixed in such advertisement,then the contract shall be given to the next lowest bidder, whoshall enter into such contract, and give such security. And in caseof failure by the person entering into such contract to perform thesame, he and his sureties shall be liable for the forfeiturespecified in such contract, as liquidated damages, to be sued forin the name of the United States.
(R.S. Sec. 67; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 316.)CODIFICATION R.S. Sec. 67 derived from Res. Mar. 3, 1815, No. 11, 3 Stat. 249.
7 U.S.C. no. 411b : US Code – Section 411B: Estimates of apple production Chapter 17
On and after October 18, 1986, no funds available to theDepartment of Agriculture shall be available to publish estimatesof apple production for other than the commercial crop.
(Pub. L. 99-500, Sec. 101(a) [title I], Oct. 18, 1986, 100 Stat.1783, 1783-3, and Pub. L. 99-591, Sec. 101(a) [title I], Oct. 30,1986, 100 Stat. 3341, 3341-3.)CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500.PRIOR PROVISIONS Provisions similar to those in this section were contained in thefollowing prior appropriation acts:Pub. L. 99-190, Sec. 101(a) [H.R. 3037, title I], Dec. 19, 1985,99 Stat. 1185; Pub. L. 100-202, Sec. 106, Dec. 22, 1987, 101 Stat.1329-433.Pub. L. 97-370, title I, Dec. 18, 1982, 96 Stat. 1794.Pub. L. 97-103, title I, Dec. 23, 1981, 95 Stat. 1473.Pub. L. 96-528, title I, Dec. 15, 1980, 95 Stat. 3101.Pub. L. 96-108, title I, Nov. 9, 1979, 93 Stat. 827.Pub. L. 95-448, title I, Oct. 11, 1978, 92 Stat. 1079.Pub. L. 95-97, title I, Aug. 12, 1977, 91 Stat. 815.Pub. L. 94-351, title I, July 12, 1976, 90 Stat. 855.Pub. L. 94-122, title I, Oct. 21, 1975, 89 Stat. 648.Pub. L. 93-563, title I, Dec. 31, 1974, 88 Stat. 1826.Pub. L. 93-135, title I, Oct. 24, 1973, 87 Stat. 474.Pub. L. 92-399, title I, Aug. 22, 1972, 86 Stat. 596.Pub. L. 92-73, title I, Aug. 10, 1971, 85 Stat. 187.Pub. L. 91-566, title I, Dec. 22, 1970, 84 Stat. 1487.Pub. L. 91-127, title I, Nov. 26, 1969, 83 Stat. 250.Pub. L. 90-463, title I, Aug. 8, 1968, 82 Stat. 644.Pub. L. 90-113, title I, Oct. 24, 1967, 81 Stat. 325.Pub. L. 89-556, title I, Sept. 7, 1966, 80 Stat 694.Pub. L. 89-316, title I, Nov. 2, 1965, 79 Stat. 1170.Pub. L. 88-573, title I, Sept. 2, 1964, 78 Stat. 867.Pub. L. 88-250, title I, Dec. 30, 1963, 77 Stat. 825.Pub. L. 87-879, title I, Oct. 24, 1962, 76 Stat. 1208.Pub. L. 87-112, title I, July 26, 1961, 75 Stat. 231.Pub. L. 86-532, title I, June 29, 1960, 74 Stat. 237.Pub. L. 86-80, title I, July 8, 1959, 73 Stat. 172.Pub. L. 85-459, title I, June 13, 1958, 72 Stat. 193.Pub. L. 85-118, title I, Aug. 2, 1957, 71 Stat. 331.June 4, 1956, ch. 355, title I, 70 Stat. 234.May 23, 1955, ch. 43, title I, 69 Stat. 57.June 29, 1954, ch. 409, title I, 68 Stat. 313.July 28, 1953, ch. 251, title I, 67 Stat. 206.July 5, 1952, ch. 574, title I, 66 Stat. 336.Aug. 31, 1951, ch. 374, title I, 65 Stat. 226.Sept. 6, 1950, ch. 896, ch. VI, title I, 64 Stat. 658.June 29, 1949, ch. 280, title I, 63 Stat. 328.June 19, 1948, ch. 543, title I, 62 Stat. 512.July 30, 1947, ch. 356, title I, 61 Stat. 527.June 22, 1946, ch. 445, 60 Stat. 274.May 5, 1945, ch. 109, 59 Stat. 140.June 28, 1944, ch. 296, 58 Stat. 430.July 12, 1943, ch. 215, 57 Stat. 398.July 22, 1942, ch. 516, 56 Stat. 687.July 1, 1941, ch. 267, 55 Stat. 430.June 25, 1940, ch. 421, 54 Stat. 555.June 30, 1939, ch. 253, title I, 53 Stat. 968.
7 U.S.C. no. 12 : US Code – Section 12: Public disclosure Chapter 1
(a) Investigations respecting operations of boards of trade andothers subject to this chapter; publication of results;restrictions; information received from foreign futuresauthorities; undercover operations; notice of investigations andenforcement actions(1) For the efficient execution of the provisions of thischapter, and in order to provide information for the use ofCongress, the Commission may make such investigations as it deemsnecessary to ascertain the facts regarding the operations of boardsof trade and other persons subject to the provisions of thischapter. The Commission may publish from time to time the resultsof any such investigation and such general statistical informationgathered therefrom as it deems of interest to the public: Provided,That except as otherwise specifically authorized in this chapter,the Commission may not publish data and information that wouldseparately disclose the business transactions or market positionsof any person and trade secrets or names of customers: Providedfurther, That the Commission may withhold from public disclosureany data or information concerning or obtained in connection withany pending investigation of any person. The Commission shall notbe compelled to disclose any information or data obtained from aforeign futures authority if – (A) the foreign futures authority has in good faith determinedand represented to the Commission that disclosure of suchinformation or data by that foreign futures authority wouldviolate the laws applicable to that foreign futures authority;and(B) the Commission obtains such information pursuant to – (i) such procedure as the Commission may authorize for use inconnection with the administration or enforcement of thischapter; or(ii) a memorandum of understanding with that foreign futuresauthority;except that nothing in this subsection shall prevent the Commissionfrom disclosing publicly any information or data obtained by theCommission from a foreign futures authority when such disclosure ismade in connection with a congressional proceeding, anadministrative or judicial proceeding commenced by the UnitedStates or the Commission, in any receivership proceeding commencedinvolving a receiver appointed in a judicial proceeding by theUnited States or the Commission, or in any proceeding under title11 in which the Commission has intervened or in which theCommission has the right to appear and be heard. Nothing in thissubsection shall be construed to authorize the Commission towithhold information or data from Congress. For purposes of section552 of title 5, this subsection shall be considered a statutedescribed in subsection (b)(3)(B) of section 552.(2) In conducting investigations authorized under this subsectionor any other provision of this chapter, the Commission shallcontinue, as the Commission determines necessary, to request theassistance of and cooperate with the appropriate Federal agenciesin the conduct of such investigations, including undercoveroperations by such agencies. The Commission and the Department ofJustice shall assess the effectiveness of such undercoveroperations and, within two years of October 28, 1992, shallrecommend to Congress any additional undercover or other authorityfor the Commission that the Commission or the Department of Justicebelieves to be necessary.(3) The Commission shall provide the Securities and ExchangeCommission with notice of the commencement of any proceeding and acopy of any order entered by the Commission against any futurescommission merchant or introducing broker registered pursuant tosection 6f(a)(2) of this title, any floor broker or floor traderexempt from registration pursuant to section 6f(a)(3) of thistitle, any associated person exempt from registration pursuant tosection 6k(6) (!1) of this title, or any board of trade designatedas a contract market pursuant to section 7b-1 of this title.(b) Business matters; congressional, administrative, judicial, andbankruptcy proceedingsThe Commission may disclose publicly any data or information thatwould separately disclose the market positions, businesstransactions, trade secrets, or names of customers of any personwhen such disclosure is made in connection with a congressionalproceeding, in an administrative or judicial proceeding broughtunder this chapter, in any receivership proceeding involving areceiver appointed in a judicial proceeding brought under thischapter, or in any bankruptcy proceeding in which the Commissionhas intervened or in which the Commission has the right to appearand be heard under title 11. This subsection shall not apply to thedisclosure of data or information obtained by the Commission from aforeign futures authority.(c) Reports respecting conduct of registered entities ortransactions of violators; contentsThe Commission may make or issue such reports as it deemsnecessary, or such opinions or orders as may be required underother provisions of law, relative to the conduct of any registeredentity or to the transactions of any person found guilty ofviolating the provisions of this chapter or the rules, regulations,or orders of the Commission thereunder in proceedings brought undersections 8, 9, 9a, 9b, 9c, 13b, and 15 of this title. In any suchreport or opinion, the Commission may set forth the facts as to anyactual transaction or any information referred to in subsection (b)of this section, if such facts or information have previously beendisclosed publicly in connection with a congressional proceeding,or in an administrative or judicial proceeding brought under thischapter.(d) Investigations respecting marketing conditions of commoditiesand commodity products and byproducts; reportsThe Commission, upon its own initiative or in cooperation withexisting governmental agencies, shall investigate the marketingconditions of commodities and commodity products and byproducts,including supply and demand for these commodities, cost to theconsumer, and handling and transportation charges. It shall alsocompile and furnish to producers, consumers, and distributors, bymeans of regular or special reports, or by such other methods as itdeems most effective, information respecting the commodity markets,together with information on supply, demand, prices, and otherconditions in this and other countries that affect the markets.(e) Names and addresses of traders of boards of trade previouslydisclosed; disclosure to Congress and agencies or departments ofStates or foreign governments or foreign futures authorityThe Commission may disclose and make public, where suchinformation has previously been disclosed publicly in accordancewith the provisions of this section, the names and addresses of alltraders on the boards of trade on the commodity markets withrespect to whom the Commission has information, and any otherinformation in the possession of the Commission relating to theamount of commodities purchased or sold by each such trader. Uponthe request of any committee of either House of Congress, actingwithin the scope of its jurisdiction, the Commission shall furnishto such committee the names and addresses of all traders on suchboards of trade with respect to whom the Commission hasinformation, and any other information in the possession of theCommission relating to the amount of any commodity purchased orsold by each such trader. Upon the request of any department oragency of the Government of the United States, acting within thescope of its jurisdiction, the Commission may furnish to suchdepartment or agency any information in the possession of theCommission obtained in connection with the administration of thischapter. However, any information furnished under this subsectionto any Federal department or agency shall not be disclosed by suchdepartment or agency except in any action or proceeding under thelaws of the United States to which it, the Commission, or theUnited States is a party. Upon the request of any department oragency of any State or any political subdivision thereof, actingwithin the scope of its jurisdiction, any foreign futuresauthority, or any department or agency of any foreign government orany political subdivision thereof, acting within the scope of itsjurisdiction, the Commission may furnish to such foreign futuresauthority, department or agency any information in the possessionof the Commission obtained in connection with the administration ofthis chapter. Any information furnished to any department or agencyof any State or political subdivision thereof shall not bedisclosed by such department or agency except in connection with anadjudicatory action or proceeding brought under this chapter or thelaws of such State or political subdivision to which such State orpolitical subdivision or any department or agency thereof is aparty. The Commission shall not furnish any information to aforeign futures authority or to a department or agency of a foreigngovernment or political subdivision thereof unless the Commissionis satisfied that the information will not be disclosed by suchforeign futures authority, department or agency except inconnection with an adjudicatory action or proceeding brought underthe laws of such foreign government or political subdivision towhich such foreign government or political subdivision or anydepartment or agency thereof, or foreign futures authority.(!2) isa party.(f) Compliance with subpoena after notice to informant;congressional subpoenas and requests for information exceptedThe Commission shall disclose information in its possessionpursuant to a subpoena or summons only if – (1) a copy of the subpoena or summons has been mailed to thelast known home or business address of the person who submittedthe information that is the subject of the subpoena or summons,if the address is known to the Commission, or, if such mailingwould be unduly burdensome, the Commission provides otherappropriate notice of the subpoena or summons to such person, and(2) at least fourteen days have expired from the date of suchmailing of the subpoena or summons, or such other notice.This subsection shall not apply to congressional subpoenas orcongressional requests for information.(g) Requests for information by State agencies or subdivisions;volunteering of information by CommissionThe Commission shall provide any registration informationmaintained by the Commission on any registrant upon reasonablerequest made by any department or agency of any State or anypolitical subdivision thereof. Whenever the Commission determinesthat such information may be appropriate for use by any departmentor agency of a State or political subdivision thereof, theCommission shall provide such information without request.(h) Omitted(i) Review and audits by Comptroller GeneralThe Comptroller General of the United States shall conductreviews and audits of the Commission and make reports thereon. Forthe purpose of conducting such reviews and audits, the ComptrollerGeneral shall be furnished such information regarding the powers,duties, organizations, transactions, operations, and activities ofthe Commission as the Comptroller General may require and theComptroller General and the duly authorized representatives of theComptroller General shall, for the purpose of securing suchinformation, have access to and the right to examine any books,documents, papers, or records of the Commission, except that inreports the Comptroller General shall not include data andinformation that would separately disclose the businesstransactions of any person and trade secrets or names of customers,although such data shall be provided upon request by any committeeof either House of Congress acting within the scope of itsjurisdiction.
(Sept. 21, 1922, ch. 369, Sec. 8, 42 Stat. 1003; June 15, 1936, ch.545, Sec. 2, 49 Stat. 1491; Pub. L. 90-258, Sec. 19(a), Feb. 19,1968, 82 Stat. 32; Pub. L. 93-463, title I, Sec. 103(a), (e), Oct.23, 1974, 88 Stat. 1392; Pub. L. 95-405, Sec. 16, Sept. 30, 1978,92 Stat. 873; Pub. L. 97-444, title II, Sec. 222, Jan. 11, 1983, 96Stat. 2309; Pub. L. 102-546, title II, Sec. 205, title III, Secs.304, 305, title IV, Sec. 402(7), Oct. 28, 1992, 106 Stat. 3600,3623, 3624; Pub. L. 106-554, Sec. 1(a)(5) [title I, Sec.123(a)(18), title II, Sec. 253(a)], Dec. 21, 2000, 114 Stat. 2763,2763A-410, 2763A-449.)CODIFICATION Section is based on section 8 of Act Sept. 21, 1922, as amendedgenerally by Pub. L. 95-405, Sec. 16. Prior to such generalamendment, section was comprised of the first paragraph of section8, and the second, third, and fourth pars. of section 8 wereclassified to sections 12-1, 12-2, and 12-3 of this title,respectively.Subsection (h), which required the Commodity Futures TradingCommission to submit an annual report to Congress detailing theoperations of the Commission, terminated, effective May 15, 2000,pursuant to section 3003 of Pub. L. 104-66, as amended, set out asa note under section 1113 of Title 31, Money and Finance. See,also, page 158 of House Document No. 103-7.AMENDMENTS 2000 – Subsec. (a)(3). Pub. L. 106-554, Sec. 1(a)(5) [title II,Sec. 253(a)], added par. (3).Subsec. (c). Pub. L. 106-554, Sec. 1(a)(5) [title I, Sec.123(a)(18)], in first sentence, substituted “registered entity” for”board of trade”.1992 – Subsec. (a). Pub. L. 102-546, Secs. 205, 304(1),designated existing provisions as par. (1), inserted provisions atend relating to disclosure of information received from foreignfutures authorities, and added par. (2).Subsec. (b). Pub. L. 102-546, Sec. 304(2), inserted at end “Thissubsection shall not apply to the disclosure of data or informationobtained by the Commission from a foreign futures authority.”Subsec. (e). Pub. L. 102-546, Sec. 305, inserted references toforeign futures authority in fifth and last sentences.Subsec. (f). Pub. L. 102-546, Sec. 402(7), substituted “subpoena”for “subpena” wherever appearing and “subpoenas” for “subpenas” inlast sentence.1983 – Subsec. (a). Pub. L. 97-444, Sec. 222(1), inserted provisoauthorizing Commission to withhold from public disclosure any dataor information concerning or obtained in connection with anypending investigation of any person.Subsec. (b). Pub. L. 97-444, Sec. 222(2), inserted references toreceivership proceedings involving a receiver appointed in ajudicial proceeding brought under this chapter and to bankruptcyproceedings in which the Commission has intervened or in whichCommission has right to appear and be heard under title 11.Subsec. (e). Pub. L. 97-444, Sec. 222(3), struck out “of theExecutive Branch” after “Upon the request of any department oragency” and inserted “Upon the request of any department or agencyof any State or any political subdivision thereof, acting withinthe scope of its jurisdiction, or any department or agency of anyforeign government or any political subdivision thereof, actingwithin the scope of its jurisdiction, the Commission may furnish tosuch department or agency any information in the possession of theCommission obtained in connection with the administration of thischapter. Any information furnished to any department or agency ofany State or political subdivision thereof shall not be disclosedby such department or agency except in connection with anadjudicatory action or proceeding brought under this chapter or thelaws of such State or political subdivision to which such State orpolitical subdivision or any department or agency thereof is aparty. The Commission shall not furnish any information to adepartment or agency of a foreign government or politicalsubdivision thereof unless the Commission is satisfied that theinformation will not be disclosed by such department or agencyexcept in connection with an adjudicatory action or proceedingbrought under the laws of such foreign government or politicalsubdivision to which such foreign government or politicalsubdivision or any department or agency thereof is a party.”Subsecs. (f), (g). Pub. L. 97-444, Sec. 222(5), added subsecs.(f) and (g). Former subsecs. (f) and (g) were redesignated (h) and(i), respectively.Subsecs. (h), (i). Pub. L. 97-444, Sec. 222(4), redesignatedformer subsecs. (f) and (g) as (h) and (i), respectively.1978 – Pub. L. 95-405 consolidated under this section provisionsformerly contained in this section and sections 12-1, 12-2, and 12-3 of this title, generally revised provisions thus consolidated toclarify and expand disclosure to public of traders and theirpositions on boards of trade, and divided provisions thusconsolidated and revised into subsecs. (a) to (g).1974 – Pub. L. 93-463 substituted “Commission” for “Secretary ofAgriculture”, “it” for “he”, “its” for “his”, and “It” for “He”.1968 – Pub. L. 90-258 authorized investigations to ascertainfacts regarding operations of other persons subject to anyprovisions of this chapter.1936 – Act June 15, 1936, substituted “commodity” for “grain”wherever appearing.EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section239 of Pub. L. 97-444, set out as a note under section 2 of thistitle.EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section28 of Pub. L. 95-405, set out as a note under section 2 of thistitle.EFFECTIVE DATE OF 1974 AMENDMENT For effective date of amendment by Pub. L. 93-463, see section418 of Pub. L. 93-463, set out as a note under section 2 of thistitle.EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-258 effective 120 days after Feb. 19,1968, see section 28 of Pub. L. 90-258, set out as a note undersection 2 of this title.EFFECTIVE DATE OF 1936 AMENDMENT Amendment by act June 15, 1936, effective 90 days after June 15,1936, see section 13 of act June 15, 1936, set out as a note undersection 1 of this title.(!1) So in original. Probably should refer to the second par. (5) ofsection 6k.(!2) So in original. The period probably should be a comma.
7 U.S.C. no. 56 : US Code – Section 56: Establishment of cotton standards; furnishing copies of established standards sold
7 U.S.C. no. 56 : US Code – Section 56: Establishment of cotton standards; furnishing copies of established standards sold Chapter 2
The Secretary of Agriculture is authorized to establish from timeto time standards for the classification of cotton by which itsquality or value may be judged or determined for commercialpurposes which shall be known as the official cotton standards ofthe United States. Any such standard or change or replacementthereof shall become effective only on and after a date specifiedin the order of the Secretary of Agriculture establishing the same,which date shall be not less than one year after the date of suchorder: Provided, That the official cotton standards established,effective August 1, 1923, under the United States Cotton FuturesAct shall be at the same time the official cotton standards for thepurpose of this chapter unless and until changed or replaced underthis chapter. Whenever any standard or change or replacementthereof shall become effective under this chapter, it shall also,when so specified in the order of the Secretary of Agriculture,become effective for the purposes of the United States CottonFutures Act and supersede any inconsistent standard establishedunder said Act. Whenever the official cotton standards of theUnited States established under this chapter shall be representedby practical forms the Department of Agriculture shall furnishcopies thereof, upon request, to any person, and the cost thereof,as determined by the Secretary of Agriculture, shall be paid by theperson making the request. The Secretary of Agriculture may causesuch copies to be certified under the seal of the Department ofAgriculture and may attach such conditions to the purchase and usethereof, including provision for the inspection, condemnation, andexchange thereof by duly authorized representatives of theDepartment of Agriculture as he may find to be necessary to theproper application of the official cotton standards of the UnitedStates.
(Mar. 4, 1923, ch. 288, Sec. 6(a), formerly Sec. 6, 42 Stat. 1518;renumbered Sec. 6(a), Sept. 21, 1944, ch. 412, Sec. 401(b), 58Stat. 738.)REFERENCES IN TEXT The United States Cotton Futures Act, referred to in text, ispart A of act Aug. 11, 1916, ch. 313, 39 Stat. 476, as amended,which was repealed by section 4 of act Feb. 10, 1939, ch. 2, 53Stat. 1. For complete classification of this Act to the Code priorto its repeal, see Tables.CODIFICATION Section is composed of the first five sentences of subsec. (a) ofsection 6 of act Mar. 4, 1923, as renumbered by section 401(b), ofact Sept. 21, 1944. Last sentence of subsec. (a) of section 6 isclassified to section 57 of this title. Subsec. (b) of section 6 isclassified to section 57a of this title.
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