[House Report 117-188]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-188
======================================================================
TO MAKE TECHNICAL AMENDMENTS TO UPDATE STATUTORY REFERENCES TO CERTAIN
PROVISIONS CLASSIFIED TO TITLE 7, UNITED STATES CODE, TITLE 20, UNITED
STATES CODE, AND TITLE 43, UNITED STATES CODE
_______
November 30, 2021.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Nadler, from the Committee on the Judiciary,
submitted the following
R E P O R T
[To accompany H.R. 5679]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 5679) to make technical amendments to update
statutory references to certain provisions classified to title
7, United States Code, title 20, United States Code, and title
43, United States Code.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Committee Estimate of Budgetary Effects.......................... 4
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 4
Duplication of Federal Programs.................................. 4
Performance Goals and Objectives................................. 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
Following up on the Office of the Law Revision Counsel's
(OLRC) editorial reclassification of certain provisions
classified to titles 7, 20, and 43 of the United States Code
(the Code), H.R. 5679 would update statutory references to
those reclassified provisions in other Code titles.
Background and Need for the Legislation
The House has assigned to the Judiciary Committee
responsibility for the ``Revision and codification of the
Statutes of the United States.''\1\ In modern practice, this
responsibility entails periodically updating the United States
Code (``the Code''). Currently organized in 54 titles based on
subject matter, the Code contains all of the general and
permanent laws of the United States.
---------------------------------------------------------------------------
\1\Clause 1(l)(17) of House Rule X.
---------------------------------------------------------------------------
Congress created the Code in 1926 to compile federal laws
into a sensible, up-to-date collection that would spare people
the labor of searching for laws in the chronologically-
organized volumes of the Statutes at Large.\2\ To date, 27 of
these 54 titles have been enacted into ``positive law,'' which
means the text of these titles is itself the law,\3\ while the
remaining titles are ``non-positive,'' meaning that they
organize federal statutes for users' convenience, but do not
themselves have the force of law.\4\
---------------------------------------------------------------------------
\2\The Statutes at Large is the collection of laws passed in a
particular session of Congress, arranged in sequence by public law
number, https://www.archives.gov/federal-register/publications/
statutes.html. The content of the Statutes at Large is considered
``legal evidence of laws, concurrent resolutions, treaties,
international agreements other than treaties, proclamations by the
President, and proposed or ratified amendments to the Constitution of
the United States therein contained, in all the courts of the United
States, the several States, and the Territories and insular possessions
of the United States.'' 1 U.S.C. Sec. 112.
\3\For example, H.R. 2694 (117th Congress) proposes amending Title
18 (``Crimes and Criminal Procedure''), which is a positive title of
the U.S. Code, so it is drafted to directly amend a provision of that
title (``Section 4285 of title 18, United States Code, is amended in
the first sentence. . . .''). The content of positive-law Code titles
is considered ``legal evidence of the laws therein contained, in all
the courts of the United States, the several States, and the
Territories and insular possessions of the United States.'' 1 U.S.C.
Sec. 204.
\4\For example, H.R. 2922 (117th Congress) proposes amending
section 101(b) of the Elder Abuse Prevention and Prosecution Act, which
is compiled in Title 34 (``Crime Control and Law Enforcement''), a non-
positive title of the Code. In this situation, the bill amends the
underlying law and includes a parenthetical citation to its location in
Title 34 as a convenience (``Section 101(b) of the Elder Abuse
Prevention and Prosecution Act (34 U.S.C. 21711(b)) is amended to
read''). The contents of non-positive titles ``establish prima facie
the laws of the United States, general and permanent in their nature,
in force on the day preceding the commencement of the session following
the last session the legislation of which is included.'' 1 U.S.C. Sec.
204.
---------------------------------------------------------------------------
The entity responsible for updating the Code as Congress
passes new laws or amends existing ones is the Office of the
Law Revision Counsel (OLRC).\5\ Established within the House of
Representatives, OLRC's purpose is ``to develop and keep
current an official and positive codification of the laws of
the United States,'' while maintaining strict impartiality as
to issues of legislative policy.\6\ The Judiciary Committee
plays an essential role in two of OLRC's important functions.
---------------------------------------------------------------------------
\5\Office of the Law Revision Counsel (hereinafter OLRC), U.S.
Code, home page, https://uscode.house.gov/.
\6\H. Res. 988 (93d Congress), Sec. 205(c), as enacted into law by
Pub. L. 93-554 (2 U.S.C. Sec. 285a).
---------------------------------------------------------------------------
OLRC is required:
(1) To prepare, and submit to the Committee on the
Judiciary one title at a time, a complete compilation,
restatement, and revision of the general and permanent
laws of the United States which conforms to the
understood policy, intent, and purpose of the Congress
in the original enactments, with such amendments and
corrections as will remove ambiguities, contradictions,
and other imperfections both of substance and of form,
separately stated, with a view to the enactment of each
title as positive law.
The Judiciary Committee therefore plays a key role in
maintaining the accuracy of the U.S. Code. OLRC regularly
submits to the Committee proposed legislation that carries out
its mission to keep the Code current and correct. The Judiciary
Committee then considers and reports this legislation to the
House. If the legislation passes into law, OLRC implements the
changes in the Code.
H.R. 5679 is the result of several ``editorial
reclassification'' efforts that OLRC has undertaken in recent
years to better organize the Code's non-positive titles.
According to OLRC, the purpose of editorial reclassification
is, ``to reorganize areas of law that have outgrown their
original boundaries, or to eliminate organizational units that
are no longer efficient.''\7\ Without altering any statutory
language, OLRC relocates and rearranges provisions to make the
organization of titles more logical and accessible. As a result
of these editorial classifications, statutory references in
other titles of the Code must also be updated.
---------------------------------------------------------------------------
\7\OLRC web site, Editorial Reclassification, https://
uscode.house.gov/editorialreclassification/reclassification.html.
---------------------------------------------------------------------------
In 2017, OLRC moved provisions from chapter 17
(``Miscellaneous Matters'') in title 7 (Agriculture) into other
sections in title 7 and, in a few cases, into titles 16
(Conservation) and 21 (Food and Drugs). OLRC also deleted a few
provisions from chapter 17 as obsolete.\8\
---------------------------------------------------------------------------
\8\ OLRC web site, Editorial Reclassification, Title 7, U.S. Code,
https://uscode.house.gov/editorialreclassification/t7/index.html.
---------------------------------------------------------------------------
In 2016, OLRC moved part C of title IV of the Higher
Education Act of 1965 from title 42 (The Public Health and
Welfare) to title 20 of the Code (Education) and made a few
more conforming changes to the structure of title 20.\9\ OLRC
explained that before this reorganization, it was ``awkward and
confusing'' to cite to the Higher Education Act and the portion
of the law appearing in title 42 was easily overlooked. It
continued:
\9\OLRC web site, Editorial Reclassification, Title 20, U.S. Code,
https://uscode.house.gov/editorialreclassification/t20/index.html.
Transferring part C of title IV of the Act from its
former location in Title 42 to its proper location in
Title 20 brought the structure of the Code into logical
correspondence with the structure of the Act and
simplified references to the Act.\10\
---------------------------------------------------------------------------
\10\Id.
In 2017, OLRC moved provisions from chapter 28
(``Miscellaneous Provisions Relating to Public Lands'') in
title 43 (Public Lands) into other sections in title 43 and, in
a few cases, into title 25 (Indians). OLRC also deleted a few
provisions from chapter 28 as obsolete.\11\
---------------------------------------------------------------------------
\11\OLRC web site, Editorial Reclassification, Title 43, U.S. Code,
https://uscode.house.gov/editorialreclassification/t43/index.html.
---------------------------------------------------------------------------
In the 115th Congress, the Judiciary Committee ordered
reported a bill (sponsored by Rep. King of Iowa) making the
necessary changes to cross-references in other titles of the
Code affected by these three editorial reclassification
efforts.\12\ H.R. 5679 is an updated version of this
legislation.
---------------------------------------------------------------------------
\12\H.R. 5283 (115th Cong.).
---------------------------------------------------------------------------
Hearings
The Committee did not hold any hearings related to H.R.
5679.
Committee Consideration
On November 3, 2021, the Committee met in open session and
ordered the bill, H.R. 5679, favorably reported without an
amendment, by a voice vote, a quorum being present.
Committee Votes
No roll call votes occurred during the Committee's
consideration of H.R. 5679.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House Rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House Rule X, are incorporated in the descriptive portions
of this report.
Committee Estimate of Budgetary Effects
Pursuant to clause 3(d)(1) of House Rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(2) of House Rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause (3)(c)(3) of House Rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of Congressional Budget
Office (CBO) a budgetary analysis and a cost estimate of this
bill. Based on CBO's analysis of a similar bill (H.R. 3239)
transmitted to the Committee on June 14, 2021, the Committee
estimates that H.R. 5679 would have no effect on the federal
budget.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House Rule XIII, no provision
of H.R. 5679 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House Rule XIII, H.R. 5679 would help implement editorial
reclassifications to portions of the United States Code, with
the goal of improving and modernizing the overall organization
of the Code.
Advisory on Earmarks
In accordance with clause 9 of House Rule XXI, H.R. 5679
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d),
9(e), or 9(f) of House Rule XXI.
Section-by-Section Analysis
Section 1 of the bill updates a statutory reference in
title 5, United States Code.
Section 2 of the bill updates statutory references in title
7, United States Code.
Section 3 of the bill updates a statutory reference in
title 11, United States Code.
Section 4 of the bill updates statutory references in title
16, United States Code.
Section 5 of the bill updates statutory references in title
20, United States Code.
Section 6 of the bill updates a statutory reference in
title 21, United States Code.
Section 7 of the bill updates a statutory reference in
title 26, United States Code.
Section 8 of the bill updates statutory references in title
42, United States Code.
Section 9 of the bill updates statutory references in title
43, United States Code.
Section 10 of the bill updates a statutory reference in
title 48, United States Code.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of House Rule XIII, changes
in existing law made by the bill, H.R. 5679, as reported, are
shown as follows:
Changes in Existing Law Made by the Bill
Set out below is a comparative print showing changes in
existing law proposed by the bill. Insertions are shown in
italic and omissions are surrounded by brackets.
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec. 5109(a)
Sec. 5109. Positions classified by statute
(a) The position held by an employee of the Department of
Agriculture while he, under section [section 450d of title 7]
section 2204-2 of title 7, is designated and vested with a
delegated regulatory function or part thereof shall be
classified in accordance with this chapter, but not lower than
GS-14.
TITLE 7--AGRICULTURE
Sec. 136w-7(a)(1) (Federal Insecticide, Fungicide, and Rodenticide Act,
Sec. 32(a)(1))
SEC. 32. DEPARTMENT OF AGRICULTURE MINOR USE PROGRAM.
(a) In General.--The Secretary of Agriculture (hereinafter
in this section referred to as the ``Secretary'') shall assure
the coordination of the responsibilities of the Department of
Agriculture related to minor uses of pesticides, including--
(1) carrying out the Inter-Regional Project Number 4
(IR-4) as described in section 2 of Public Law 89-106
[(7 U.S.C. 450i(e))] (7 U.S.C. 3157(e)) and the
national pesticide resistance monitoring program
established under section 1651 of the Food,
Agriculture, Conservations, and Trade Act of 1990 (7
U.S.C. 5882);
Sec. 136w-8(b)(7)(E)(i) (Federal Insecticide, Fungicide, and
Rodenticide Act, Sec. 33(b)(7)(E)(i))
SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.
* * * * * * *
(b) Fees.--
* * * * * * *
(7) Waivers and reductions.--
* * * * * * *
(E) IR-4 waiver.--The Administrator shall
waive the registration service fee for an
application if the Administrator determines
that--
(i) the application is solely
associated with a tolerance petition
submitted in connection with the Inter-
Regional Project Number 4(IR-4) as
described in section 2 of Public Law
89-106 [(7 U.S.C. 450i(e))] (7 U.S.C.
3157(e)); and
Sec. 3202(b) (Food, Conservation, and Energy Act of 2008, title VII,
Sec. 7521(b))
SEC. 7521. RESEARCH AND EDUCATION GRANTS FOR THE STUDY OF ANTIBIOTIC-
RESISTANT BACTERIA.
* * * * * * *
(b) Administration.--Paragraphs (4), (7), (8), and (11)(B)
of subsection (b) of the Competitive, Special, and Facilities
Research Grant Act [(7 U.S.C. 450i)] (7 U.S.C. 3157(b)) shall
apply with respect to the making of grants under this section.
Sec. 3222(b)(3)(B) (National Agricultural Research, Extension, and
Teaching Policy Act of 1977, Sec. 1445(b)(3)(B))
AGRICULTURAL RESEARCH AT 1890 LAND GRANT COLLEGES, INCLUDING TUSKEGEE
UNIVERSITY
Sec. 1445.* * *
(b) Distribution of Funds.--
* * * * * * *
(3) Distributions.--
* * * * * * *
(B) Base amount.--Funds up to the total
amount made available to all eligible
institutions in the fiscal year ending
September 30, 1978, under section 2 of the Act
of August 4, 1965 [(79 Stat. 431; 7 U.S.C.
450i)] (79 Stat. 431; 7 U.S.C. 3157), shall be
allocated among the eligible institutions in
the same proportions as funds made available
under section 2 of the Act of August 4, 1965,
for the fiscal year ending September 30, 1978,
were allocated among the eligible institutions
as so designated as of that date.
Sec. 3311(c) (National Agricultural Research, Extension, and Teaching
Policy Act of 1977, Sec. 1463(c))
AUTHORIZATION FOR APPROPRIATIONS FOR EXISTING AND CERTAIN NEW
AGRICULTURAL RESEARCH PROGRAMS
Sec. 1463.* * *
(c) Notwithstanding any other provision of law effective
beginning October 1, 1983, not less than 25 per centum of the
total funds appropriated to the secretary in any fiscal year
for the conduct of the cooperative research program provided
for under the Act of March 2, 1887, commonly known as the Hatch
Act (7 U.S.C. 361a et seq.); the cooperative forestry research
program provided for under the Act of October 10, 1962,
commonly known as the McIntire-Stennis Act (16 U.S.C. 582a et
seq.); the special and competitive grants programs provided for
in sections 2(b) and 2(c) of the Act of August 4, 1965 [(7
U.S.C. 450i)] (7 U.S.C. 3157(b), (c)); the animal health
research program provided for under sections 1433(a) and 1434
of this title; * * *
Sec. 3315(a)(1) (National Agricultural Research, Extension, and
Teaching Policy Act of 1977, Sec. 1469(a)(1))
AUDITING, REPORTING, BOOKKEEPING, AND ADMINISTATIVE REQUIREMENTS
Sec. 1469. (a) In General.--Except as provided elsewhere in
this Act or any other Act of Congress--
(1) assistance provided under this title shall be
subject to the provisions of [sections 2(e), 2(f), and
2(h) of the Act of August 4, 1965 (79 Stat. 431; 7
U.S.C. 450i)] sections 2(f), 2(g), and 2(i) of the Act
of August 4, 1965 (79 Stat. 431; 7 U.S.C. 3157(f), (g),
(i)), as amended by section 1414 of this title;
Sec. 3319 (National Agricultural Research, Extension, and Teaching
Policy Act of 1977, Sec. 1473)
RESTRICTION ON TREATMENT OF INDIRECT COSTS AND TUITION REMISSION
Sec. 1473. Funds made available by the Secretary under
established Federal-State partnership arrangements to State
cooperative institutions under the Acts referred to in section
1404(18) of this title and funds made available under
subsection (c)(1)(B) of section 2 of the Act of August 4, 1965
[(7 U.S.C. 450i)] (7 U.S.C. 3157(c)(1)(B)) shall not be subject
to reduction for indirect costs or for tuition remission. No
indirect costs or tuition remission shall be charged against
funds in connection with cooperative agreements between the
Department of Agriculture and State cooperative institutions if
the cooperative program or project involved is of mutual
interest to all the parties and if all the parties contribute
to the cooperative agreement involved. The prohibition on the
use of such funds for the reimbursement of indirect costs shall
not apply to funds for international agricultural programs
conducted by a State cooperative institution and administered
by the Secretary or to funds provided by a Federal agency for
such cooperative program or project through a fund transfer,
advance, or reimbursement. The Secretary shall limit the amount
of such reimbursement to an amount necessary to carry out such
program or agreement.
Sec. 5924(d) (Food, Agriculture, Conservation, and Trade Act of 1990,
Sec. 1671(d))
SEC. 1671. AGRICULTURAL GENOME INITIATIVE.
* * * * * * *
(d) Administration.--Paragraphs (4), (7), (8), and (11)(B)
of subsection (b) of the Competitive, Special, and Facilities
Research Grant Act [(7 U.S.C. 450i)] (7 U.S.C. 3157(b)(4), (7),
(8), (11)(B)) shall apply with respect to the making of a grant
or cooperative agreement under this section.
Sec. 5925(b)(1), (e)(3) (Food, Agriculture, Conservation, and Trade Act
of 1990, Sec. 1672(b)(1), (e)(3))
SEC. 1672. HIGH PRIORITY RESEARCH AND EXTENSION INITIATIVES.
* * * * * * *
(b) Administration.--
(1) In general.--Except as otherwise provided in this
section, paragraphs (4), (7), (8), and 11(B) of
subsection (b) of the Competitive, Special, and
Facilities Research Grant Act [(7 U.S.C. 450i)] (7
U.S.C. 3157(b)(4), (7), (8), (11)(B)) shall apply with
respect to the making of grants under this section.
* * * * * * *
(e) Pulse Crop Health Initiative.--
* * * * * * *
(3) Administration.--Paragraphs (4), (7), (8), and
(11)(B) of subsection (b) of the Competitive, Special,
and Facilities Research Grant Act [(7 U.S.C. 450i(b))]
(7 U.S.C. 3157(b)(4), (7), (8), (11)(B)) shall apply
with respect to the making of a competitive grant under
this subsection.
Sec. 5925b(b) (Food, Agriculture, Conservation, and Trade Act of 1990,
Sec. 1672B(b))
SEC. 1672B. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
* * * * * * *
(b) Grant Types and Process, Prohibition on Construction.--
Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of the
Competitive, Special, and Facilities Research Grant Act [(7
U.S.C. 450i)] (7 U.S.C. 3157(b)(4), (7), (8), (11)(B)) shall
apply with respect to the making of grants under this section.
Sec. 5925f(c) (Food, Agriculture, Conservation, and Trade Act of 1990,
Sec. 1672D(c))
SEC. 1672D. FARM BUSINESS MANAGEMENT.
* * * * * * *
(c) Administration.--Paragraphs (4), (7), (8), and (11)(B)
of subsection (b) of the Competitive, Special, and Facilities
Research Grant Act [(7 U.S.C. 450i(b))] (7 U.S.C. 3157(b)(4),
(7), (8), (11)(B)) shall apply with respect to the making of
grants under this section.
Sec. 5926(b) (Food, Agriculture, Conservation, and Trade Act of 1990,
Sec. 1673(b))
SEC. 1673. CENTERS OF EXCELLENCE.
* * * * * * *
(b) Composition.--A center of excellence is composed of 1
or more of the eligible entities specified in subsection (b)(7)
of the Competitive, Special, and Facilities Research Grant Act
[(7 U.S.C. 450i(b)(7))] (7 U.S.C. 3157(b)(7)) that provide
financial or in-kind support to the center of excellence.
Sec. 6971(f)(1)(D)(i) (Department of Agriculture Reorganization Act of
1994, Sec. 251(f)(1)(D)(i))
SEC. 251. UNDER SECRETARY OF AGRICULTURE FOR RESEARCH, EDUCATION AND
ECONOMICS.
* * * * * * *
(f) National Institute of Food and Agriculture.--
(1) Definitions.--In this subsection:
* * * * * * *
(D) Competitive program.--The term
``competitive program'' means each of the
following agricultural research, extension,
education, and related programs for which the
Secretary has administrative or other authority
as of the day before the date of enactment of
the Food, Conservation, and Energy Act of 2008:
(i) The Agriculture and Food Research
Initiative established under section
2(b) of the Competitive, Special, and
Facilities Research Grant Act [(7
U.S.C. 450i(b))] (7 U.S.C. 3157(b)).
Sec. 7633(e)(2) (Agricultural Research, Extension, and Education Reform
Act of 1998, Sec. 413(e)(2))
SEC. 413. FOOD AND AGRICULTURE SERVICE LEARNING PROGRAM.
* * * * * * *
(e) Funding.--
* * * * * * *
(2) Administration.--Paragraphs (4), (7), (8), and
(11)(B) of subsection (b) of the Competitive, Special,
and Facilities Research Grant Act [(7 U.S.C. 450i(b))]
(7 U.S.C. 3157(b)(4), (7), (8), (11)(B)) shall apply
with respect to the making of a competitive grant under
this section.
Sec. 7655b(c)(3) (Agricultural Research, Extension, and Education
Reform Act of 1998, Sec. 617(c)(3))
SEC. 617. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.
* * * * * * *
(c) Grants.--
* * * * * * *
(3) Administration.--In making grants under this
section, the Secretary shall follow the requirements of
paragraphs (4), (7), (8), and 11(B) of subsection (b)
of the Competitive, Special, and Facilities Research
Grant Act [(7 U.S.C. 450i)] (7 U.S.C. 3157(b)(4), (7),
(8), (11)(B)).
Sec. 8114(c)(1)(A)(i) (Food, Conservation, and Energy Act of 2008,
Sec. 7526(c)(1)(A)(i))
SEC. 7526. SUN GRANT PROGRAM.
* * * * * * *
(c) Use of Funds.--
(1) Competitive grants.--
(A) In general.--A sun grant center or
subcenter shall use 75 percent of the funds
described in subsection (b) to provide
competitive grants to entities that are--
(i) eligible to receive grants under
subsection (b)(7) of the Competitive,
Special, and Facilities Research Grant
Act [(7 U.S.C. 450i(b)(7))] (7 U.S.C.
3157(b)(7)); and
Sec. 8351 note (H.R. 3037, 99th Congress, title I, enacted into law by
Public Law 100-202, Sec. 106)
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
* * * That effective upon the date of enactment of this Act and
notwithstanding any other provision of law, the authorities of
the Secretary of Agriculture under the Act of March 2, 1931
[(46 Stat. 1468; 7 U.S.C. 426-426b)] (46 Stat. 1468; 7 U.S.C.
8351, 8352), (transferred to the Secretary of the Interior
pursuant to section 4(f) of 1939 Reorganization Plan No. II)
and all personnel, property, records, unexpended balances of
appropriations, allocations and other funds of the Fish and
Wildlife Service, United States Department of the Interior
used, held, available or to be made available in connection
with the administration of such Act, are hereby transferred
from the Secretary of the Interior to the Secretary of
Agriculture, and this appropriation shall be available to carry
out such authorities.
Sec. 8354 (Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations
Act, 2006, Sec. 749)
Sec. 749. Hereafter, notwithstanding any other provision of
law, the Secretary of Agriculture may use appropriations
available to the Secretary for activities authorized under
[sections 426-426c of title 7, United States Code] the Act of
March 2, 1931 (46 Stat. 1468; 7 U.S.C. 8351, 8352) and the 7th
proviso in the first paragraph under the heading ``ANIMAL AND
PLANT HEALTH INSPECTION SERVICE'' in title I of the Rural
Development, Agriculture, and Related Agencies Appropriations
Act, 1988 (101 Stat. 1329-331; 7 U.S.C. 8353), under this or
any other Act, to enter into cooperative agreements, with a
State, political subdivision, or agency thereof, a public or
private agency, organization, or any other person, to lease
aircraft if the Secretary determines that the objectives of the
agreement will: (1) serve a mutual interest of the parties to
the agreement in carrying out the programs administered by the
Animal and Plant Health Inspection Service, Wildlife Services;
and (2) all parties will contribute resources to the
accomplishment of these objectives; award of a cooperative
agreement authorized by the Secretary may be made for an
initial term not to exceed 5 years.
TITLE 11--BANKRUPTCY
Sec. 541(b)(3)
Sec. 541. Property of the estate
* * * * * * *
(b) Property of the estate does not include--
* * * * * * *
(3) any eligibility of the debtor to participate in
programs authorized under the Higher Education Act of
1965 [(20 U.S.C. 1001 et seq.; 42 U.S.C. 2751 et seq.)]
(20 U.S.C. 1001 et seq.), or any accreditation status
or State licensure of the debtor as an educational
institution;
TITLE 16--CONSERVATION
Sec. 528 note (Department of the Interior and Related Agencies
Appropriations Act, 2000, div. B, Sec. 1000(a)(3)
[title III, Sec. 339])
Sec. 339. PILOT PROGRAM OF CHARGES AND FEES FOR HARVEST OF
FOREST BOTANICAL PRODUCTS.
* * * * * * *
(f) Deposit and Use of Funds.--
* * * * * * *
(4) Treatment of fees.--Funds collected under
subsection (c) shall not be taken into account for the
purposes of the following laws:
* * * * * * *
(D) [The Act of August 8, 1937, and the Act
of May 24, 1939 (43 U.S.C. 1181a et seq.)] The
Act of August 28, 1937, and the Act of May 24,
1939 (43 U.S.C. 2601 et seq.).
Sec. 753 (Interior Department Appropriation Act, 1943)
FEDERAL AID IN WILDLIFE RESTORATION
* * * * * * *
Total, Fish and Wildlife Service, $5,911,570, and in
addition thereto funds made available under the Migratory Bird
Conservation Fund, of which amounts not to exceed $921,505 may
be expended for personal service in the District of Columbia,
and not to exceed $65,300 shall be available for the purchase
of motor-propelled passenger-carrying vehicles necessary in the
conduct of field work outside the District of Columbia: * * *
Provided further, That hereafter cooperative work conducted by
the Fish and Wildlife Service shall be subject to the
provisions of the Act of July 24, 1919 [(5 U.S.C. 563-564)] (7
U.S.C. 2279i, 2220):
Sec. 2103c(c) (Cooperative Forestry Assistance Act of 1978, Sec. 7(c))
SEC. 7. FOREST LEGACY PROGRAM.
* * * * * * *
(c) Interests in Land.--In addition to the authorities
granted under section 6 of the Act of March 1, 1911 (16 U.S.C.
515), and section 11(a) of the Department of Agriculture
Organic Act of 1956 [(7 U.S.C. 428a(a))] (7 U.S.C. 2268a(a)),
the Secretary may acquire from willing landowners lands and
interests therein, including conservation easements and rights
of public access, for Forest Legacy Program purposes. The
Secretary shall not acquire conservation easements with title
held in common ownership with any other entity.
Sec. 2909(3) (Fish and Wildlife Conservation Act of 1980, Sec. 10(3))
SEC. 10. DISCLAIMERS.
Nothing in this Act shall be construed as affecting--
* * * * * * *
(3) the authority of the Secretary of Agriculture
under the Act of March 2, 1931 [(46 Stat. 1468-1469; 7
U.S.C. 426-426b)] (46 Stat. 1468, 1469; 7 U.S.C. 8351,
8352).
Sec. 6813(b)(5) (Federal Lands Recreation Enhancement Act,
Sec. 814(b)(5))
SEC. 814. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.
* * * * * * *
(b) Relation to Revenue Allocation Laws.--Amounts collected
under this Act, and the existence of a fee management agreement
with a governmental entity under section 6(a), may not be taken
into account for the purposes of any of the following laws:
* * * * * * *
(5) Title II of the Act of [August 8, 1937] August
28, 1937, and the Act of May 24, 1939 [(43 U.S.C. 1181f
et seq.)] (43 U.S.C. 2621 et seq.).
Sec. 7102(10) (Secure Rural Schools and Community Self-Determination
Act of 2000, Sec. 3(10))
SEC. 3. DEFINITIONS.
In this Act:
* * * * * * *
(10) 50-percent payment.--The term ``50-percent
payment'' means the payment that is the sum of the 50-
percent share otherwise paid to a county pursuant to
title II of the Act of August 28, 1937 [(chapter 876;
50 Stat. 875; 43 U.S.C. 1181f)] (chapter 876; 50 Stat.
875; 43 U.S.C. 2605), and the payment made to a county
pursuant to the Act of May 24, 1939 [(chapter 144; 53
Stat. 753; 43 U.S.C. 1181f-1 et seq.)] (chapter 144; 53
Stat. 753; 43 U.S.C. 2621 et seq.).
TITLE 20--EDUCATION
Sec. 1087-51 note (Higher Education Amendments of 1968, Sec. 131(c))
SEC. 131.
TRANSFER OF WORK-STUDY PROVISIONS TO HIGHER EDUCATION ACT OF 1965
Sec. 131. * * *
(c) Any reference to any provision of part C of title I of
the Economic Opportunity Act of 1964 in any law of the United
States shall be deemed to be a reference to the corresponding
provision of part C of title IV of the Higher Education Act of
1965 (20 U.S.C. 1087-51 et seq.) as amended by this section.
Sec. 1087kk note (Higher Education Amendments of 1986, Sec. 406(b)(3))
SEC. 406. ADDITION OF A NEW PART F RELATING TO NEED ANALYSIS FOR
STUDENT ASSISTANCE.
* * * * * * *
(b) Effective Dates for Need Analysis Provisions.--
* * * * * * *
(3) For purposes of [sections 413D(d)(2)(B),
442(d)(2)(B) and 462(d)(2)(B)] sections 413D(c)(2)(B),
442(d)(2)(B), and 462(d)(2)(B) (20 U.S.C. 1070b-
3(c)(2)(B), 1087-52(d)(2)(B), 1087bb(d)(2)(B)) for any
academic year preceding academic year 1988-1989, the
Secretary shall, in lieu of average expected family
contribution, use the procedures for sampling expected
family contribution within income categories that was
employed for academic year 1986-1987, adjusted to
reflect changes in data.
TITLE 21--FOOD AND DRUGS
Sec. 113a (Act of May 29, 1884, ch. 60, Sec. 12)
Sec. 12. The Secretary of Agriculture is authorized to
establish research laboratories, including the acquisition of
necessary land, buildings, or facilities, and also the making
of research contracts under the authority contained in section
10(a) of the Bankhead-Jones Act of 1935 (7 U.S.C. 3105(a)), as
amended by the Research and Marketing Act of 1946, for research
and study, in the United States or elsewhere, of foot-and-mouth
disease which in the opinion of the Secretary constitute a
threat to the livestock industry of the United States: * * *
TITLE 26--INTERNAL REVENUE CODE
Sec. 117(c)(2)(C)
SEC. 117. QUALIFIED SCHOLARSHIPS.
* * * * * * *
(c) Limitation.--
* * * * * * *
(2) Exceptions.--Paragraph (1) shall not apply to any
amount received by an individual under--
* * * * * * *
(C) a comprehensive student work-learning-
service program (as defined in section 448(e)
of the Higher Education Act of 1965 (20 U.S.C.
1087-58(e)) operated by a work college (as
defined in such section).
TITLE 42--THE PUBLIC HEALTH AND WELFARE
Sec. 8852(a) (Biomass Energy and Alcohol Fuels Act of 1980,
Sec. 257(a))
Sec. 257. (a) The Secretary of Agriculture shall coordinate
the applied research and extension programs conducted under
this subtitle and under the amendments made by this subtitle to
section 1419 and subtitle B of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977, section 1
of the Bankhead-Jones Act (7 U.S.C. 3104), section 3 of the
Forest and Rangeland Renewable Resources Research Act of 1978,
and sections 1 and 2 of the Smith-Lever Act with the programs
of Department of Energy.
Sec. 12561 (National and Community Service Act of 1990, Sec. 118)
SEC. 118. HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE.
* * * * * * *
(b) General Authority.--The Corporation, in consultation
with the Secretary of Education, is authorized to make grants
to, and enter into contracts with, institutions of higher
education (including a consortium of such institutions), and
partnerships comprised of such institutions and of other public
or private nonprofit organizations, to pay for the Federal
share of the cost of--
* * * * * * *
(5) supplementing the funds available to carry out
work-study programs under part C of title IV of the
Higher Education Act of 1965 [(42 U.S.C. 2751 et seq.)]
(20 U.S.C. 1087-51 et seq.) to support service-learning
and community service through the community service
program;
* * * * * * *
(g) Federal Work Study.--To be eligible for assistance
under this part, an institution of higher education shall
demonstrate that it meets the minimum requirements under
section 443(b)(2)(A) of the Higher Education Act of 1965 [(42
U.S.C. 2753(b)(2)(A))] (20 U.S.C. 1087-53(b)(2)(A)) relating to
the participation of students employed under part C of title IV
of the Higher Education Act of 1965 [(42 U.S.C. 2751 et seq.)]
(20 U.S.C. 1087-51 et seq.) (relating to Federal Work-Study
Programs) in community service activities, or has received a
waiver of those requirements from the Secretary of Education.
Sec. 12561a(b)(2) (National and Community Service Act of 1990,
Sec. 118A(b)(2))
SEC. 118A. CAMPUSES OF SERVICE.
* * * * * * *
(b) Applications for Nomination.--
* * * * * * *
(2) Contents.--At a minimum, the application shall
include information specifying--
* * * * * * *
(B) the percentage of undergraduate students
engaging in and, if applicable, the percentage
of graduate students engaging in activities
providing community services, as defined in
section 441(c) of the Higher Education Act of
1965 [(42 U.S.C. 2751(c))] (20 U.S.C. 1087-
51(c)), during such preceding academic year,
the quality of such activities, and the average
amount of time spent, per student, engaged in
such activities;
(C) for such preceding academic year, the
percentage of Federal work-study funds made
available to the institution under part C of
title IV of the Higher Education Act of 1965
[(42 U.S.C. 2751 et seq.)] (20 U.S.C. 1087-51
et seq.) that is used to compensate students
employed in providing community services, as so
defined, and a description of the efforts the
institution undertakes to make available to
students opportunities to provide such
community services and be compensated through
such work-study funds;
Sec. 12572(c)(1)(C)(i) (National and Community Service Act of 1990,
Sec. 122(c)(1)(C)(i))
SEC. 122. NATIONAL SERVICE PROGRAMS ELIGIBLE FOR PROGRAM ASSISTANCE.
* * * * * * *
(c) Program Models for Service Corps.--
(1) In general.--In addition to any activities
described in subparagraph (B) of paragraphs (1) through
(5) of subsection (a), and subsection (b)(2), a
recipient of a grant under section 121(a) and a Federal
agency operating or supporting a national service
program under section 121(b) may directly or through
grants or subgrants to other entities carry out a
national service corps program through the following
program models:
* * * * * * *
(C) A campus-based program that is designed
to provide substantial service in a community
during the school term and during summer or
other vacation periods through the use of--
(i) students who are attending an
institution of higher education,
including students participating in a
work-study program assisted under part
C of title IV of the Higher Education
Act of 1965 [(42 U.S.C. 2751 et seq.)]
(20 U.S.C. 1087-51 et seq.);
Sec. 12594(a)(3) (National and Community Service Act of 1990,
Sec. 140(a)(3))
SEC. 140. LIVING ALLOWANCES FOR NATIONAL SERVICE PARTICIPANTS.
(a) Provision of Living Allowance.--
* * * * * * *
(3) Federal work study students.--The living
allowance that may be provided under paragraph (1) to
an individual whose term of service includes hours for
which the individual receives a Federal work-study
award under part C of title IV of the Higher Education
Act of 1965 [(42 U.S.C. 2751 et seq.)] (20 U.S.C. 1087-
51 et seq.) shall be reduced by the amount of the
individual's Federal work study award.
TITLE 43--PUBLIC LANDS
Sec. 869-4 (Act of June 14, 1926, ch. 578, Sec. 6)
Sec. 6. All moneys received from or on account of any
revested Oregon and California Railroad grant lands or
reconveyed Coos Bay Wagon Road grant lands under this Act shall
be deposited respectively in the Oregon and California land-
grant fund and the Coos Bay Wagon Road grant fund, and shall be
applied in the manner prescribed respectively by title II of
the Act of August 28, 1937 (50 Stat. 875), as amended [(43
U.S.C. 1181f)] (43 U.S.C. 2605), and by the Act of May 24, 1939
[(53 Stat. 753)] (53 Stat. 753; 43 U.S.C. 2621 et seq.).
Sec. 1701 note (Federal Land Policy and Management Act of 1976, title
VII, Sec. 701(b))
EFFECT ON EXISTING RIGHTS
Sec. 701.* * *
(b) Notwithstanding any provision of this Act, in the event
of conflict with or inconsistency between this Act and the Acts
of August 28, 1937 [(50 Stat. 874; 43 U.S.C. 1181a-1181j)] (50
Stat. 874; 43 U.S.C. 2601 et seq.), and May 24, 1939 (53 Stat.
753), insofar as they relate to management of timber resources,
and disposition of revenues from lands and resources, the
latter Acts shall prevail.
* * * * * * *
Sec. 1735(b) (Federal Land Policy and Management Act of 1976, title
III, Sec. 305(b))
DEPOSITS AND FORFEITURES
Sec. 305. * * *
(b) Any moneys collected under this Act in connection with
lands administered under the Act of August 28, 1937 [(50 Stat.
874; 43 U.S.C. 1181a-1181j)] (50 Stat. 874; 43 U.S.C. 2601 et
seq.), shall be expended for the benefit of such land only.
Sec. 1751(b)(1) (Federal Land Policy and Management Act of 1976, title
IV, Sec. 401(b)(1))
GRAZING FEES
Sec. 401. * * *
(b)(1) Congress finds that a substantial amount of the
Federal range lands is deteriorating in quality, and that
installation of additional range improvements could arrest much
of the continuing deterioration and could lead to substantial
betterment of forage conditions with resulting benefits to
wildlife, watershed protection, and livestock production.
Congress therefore directs that 50 per centum or 10,000,000 per
annum, whichever is greater of all moneys received by the
United States as fees for grazing domestic livestock on public
lands (other than from ceded Indian lands) under the Taylor
Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.) and the Act
of August 28, 1937 [(50 Stat. 874; 43 U.S.C. 1181d)] (50 Stat.
874; 43 U.S.C. 2603), and on lands in National Forests in the
sixteen contiguous Western States under the provisions of this
section shall be credited to a separate account in the
Treasury, one-half of which is authorized to be appropriated
and made available for use in the district, region, or national
forest from which such moneys were derived, as the respective
Secretary may direct after consultation with district,
regional, or national forest user representatives, for the
purpose of on-the-ground range rehabilitation, protection, and
improvements on such lands, and the remaining one-half shall be
sued for the on-the ground range rehabilitation, protection,
and improvements as the Secretary concerned directs. * * *
Sec. 1752(a) (Federal Land Policy and Management Act of 1976, title IV,
Sec. 402(a))
Sec. 402. (a) Except as provided in subsection (b) of this
section, permits and leases for domestic livestock grazing on
public lands issued by the Secretary under the Act of June 28,
1934 (48 Stat. 1269, as amended; 43 U.S.C. 315 et seq.) or the
Act of August 28, 1937 [(50 Stat. 874, as amended; 43 U.S.C.
1181a-1181j)] (50 Stat. 874, as amended; 43 U.S.C. 2601 et
seq.), or by the Secretary of Agriculture, with respect to
lands within National Forests in the sixteen contiguous Western
States, shall be for a term of ten years subject to such terms
and conditions the Secretary concerned deems appropriate and
consistent with the governing law, including, but not limited
to, the authority of the Secretary concerned to cancel,
suspend, or modify a grazing permit or lease, in whole or in
part, pursuant to the terms and conditions thereof, or to
cancel or suspend a grazing permit or lease for any violation
of a grazing regulation or of any term or condition of such
grazing permit or lease.
Sec. 2624 (Act of May 24, 1939, ch. 144, Sec. 4)
Sec. 4. Not to exceed 25 per centum of the annual receipts
shall be available, in such amounts as the congress shall from
time to time appropriate for the administration of the Act of
August 28, 1937 [(50 Stat. 874)] (50 Stat. 874; 43 U.S.C. 2601
et seq.), insofar as it applies to the Coos Bay Wagon Road
grant lands. Any balance not used for administrative purposes
shall be covered into the general fund of the Treasury of the
United States.
Sec. 2633 (Act of June 24, 1954, ch. 357, Sec. 3)
Sec. 3. For the purpose of consolidating and thereby
facilitating administration and accounting the Secretary of
Agriculture is authorized to designate in the several counties
in which the lands described in section 1 of this Act (43
U.S.C. 2631) are situated (such designation to be published in
the Federal Register), an area of national-forest land of a
value substantially equal to the value of the lands in such
county from which all revenues shall be disposed of in
accordance with the provisions of title II of the Act of August
28, 1937 ([(50 Stat. 874)] (50 Stat. 875; 43 U.S.C. 2605), and
upon such designation the provisions of that Act (43 U.S.C.
2601 et seq.) shall be applicable to the lands so designated in
lieu of the lands described in section 1 of this Act: * * *
TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
Sec. 1921d(f)(1)(B)(iii) (Compact of Free Association Amendments Act of
2003, Sec. 105(f)(1)(B)(iii))
SEC. 105. SUPPLEMENTAL PROVISIONS.
* * * * * * *
(f) Continuing Programs and Laws.--
(1) Federated states of micronesia and republic of
the marshall islands.--In addition to the programs and
services set forth in section 221 of the Compact, and
pursuant to section 222 of the Compact, the programs
and services of the following agencies shall be made
available to the Federated States of Micronesia and to
the Republic of the Marshall Islands:
* * * * * * *
(B) Treatment of additional programs.--
* * * * * * *
(iii) Supplemental education
grants.--In lieu of eligibility for
appropriations under part A of title I
of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311
et seq.), titles I (other than subtitle
C) and II of the Workforce Innovation
and Opportunity Act, title I of the
Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2321
et seq.), the Head Start Act (42 U.S.C.
9831 et seq.), and subpart 3 of part A,
and part C, of title IV of the Higher
Education Act of 1965 [(20 U.S.C. 1070b
et seq., 42 U.S.C. 2751 et seq.)] (20
U.S.C. 1070b et seq., 1087-51 et seq.),
there are authorized to be appropriated
to the Secretary of Education to
supplement the education grants under
section 211(a)(1) of the U.S.-FSM
Compact and section 211(a)(1) of the
U.S.-RMI Compact, respectively, the
following amounts:
[all]