[House Report 118-234] [From the U.S. Government Publishing Office] 118th Congress } { Report HOUSE OF REPRESENTATIVES 1st Session } { 118-234 ====================================================================== TO MAKE TECHNICAL AMENDMENTS TO UPDATE STATUTORY REFERENCES TO CERTAIN PROVISIONS CLASSIFIED TO TITLE 7, TITLE 20, AND TITLE 43, UNITED STATES CODE, AND TO CORRECT RELATED TECHNICAL ERRORS _______ September 29, 2023.--Referred to the House Calendar and ordered to be printed _______ Mr. Jordan, from the Committee on the Judiciary, submitted the following R E P O R T [To accompany H.R. 3506] [Including cost estimate of the Congressional Budget Office] The Committee on the Judiciary, to whom was referred the bill (H.R. 3506) to make technical amendments to update statutory references to certain provisions classified to title 7, title 20, and title 43, United States Code, and to correct related technical errors. CONTENTS Page Purpose and Summary.............................................. 1 Background and Need for the Legislation.......................... 2 Hearings......................................................... 2 Committee Consideration.......................................... 3 Committee Votes.................................................. 3 Committee Oversight Findings..................................... 3 New Budget Authority and Tax Expenditures........................ 3 Congressional Budget Office Cost Estimate........................ 3 Committee Estimate of Budgetary Effects.......................... 4 Duplication of Federal Programs.................................. 4 Performance Goals and Objectives................................. 4 Advisory on Earmarks............................................. 4 Federal Mandates Statement....................................... 5 Advisory Committee Statement..................................... 5 Applicability to Legislative Branch.............................. 5 Section-by-Section Analysis...................................... 5 Changes in Existing Law Made by the Bill, as Reported............ 5 Purpose and Summary H.R. 3506, introduced by Rep. Kevin Kiley (R-CA), makes technical amendments to update statutory references to certain provisions classified to title 7, title 20, and title 43 of the United States Code, and to correct related technical errors. The amendments are required because the provisions were reclassified editorially to improve the organization of the provisions in the Code. In the course of updating statutory references, the Office of the Law Revision Counsel found related technical errors. The bill also makes amendments to correct those errors. Background and Need for the Legislation The Committee on the Judiciary has jurisdiction over the ``[r]evision and codification of the statutes of the United States.''\1\ The Committee is assisted in this responsibility by the Office of the Law Revision Counsel (OLRC), an office of the House of Representatives tasked with ``develop[ing] and keep[ing] current an official and positive codification of the laws of the United States.\2\ OLRC fulfills this purpose by submitting, as necessary, bills to the Committee to add to, revise, or reclassify portions of the United States Code. --------------------------------------------------------------------------- \1\House Rule X(1)(l), 118th Cong. \2\2 U.S.C. Sec. 285a. --------------------------------------------------------------------------- In November 2016, part C of title IV of the Higher Education Act of 1965 (Public Law 89-329), which had been set out in the United States Code at 42 U.S.C. 2751 et seq., was editorially transferred to appear at 20 U.S.C. 1087-51 et seq. Part C of title IV of the Higher Education Act of 1065 originally had been enacted as part C of title I of the Economic Opportunity Act of 1964 and set out within chapter 34 of title 42 of the Code, along with the rest of that Act. Subsequently, Public Law 90-575 transferred part C of title I of the Economic Opportunity Act of 1964 to become part C of title IV of the Higher Education Act of 1965, but the location in the Code of the affected provisions was not changed. The editorial transfer was made in November 2016 in order to bring the structure of the Code into logical correspondence with the structure of the Higher Education Act of 1965 in title 20 of the Code and to simplify references to the Act. No statutory text was altered. In July 2017, two chapters containing miscellaneous provisions, located in two different titles of the United States code, were editorially reorganized. The chapters are chapter 17 (``Miscellaneous Matters'') of title 7, United States Code, and chapter 28 (``Miscellaneous Provisions Relating to Public Lands'') of title 43, United States Code. No statutory text was altered in this reorganization. The provisions were merely transferred from one place to another in the Code, primarily to other locations in title 7 and title 43, respectively. The changes described above were necessary to improve the organizational structure of the material in the United States Code. The Office of the Law Revision Counsel has prepared the bill and submitted it to the Committee on the Judiciary as part of the Office's ongoing responsibility under section 285b of title 2, United States Code, to maintain the United States Code and assist the Committee in the revision and codification of federal statutes. Hearings For the purposes of clause 3(c)(6)(A) of House rule XIII, the Committee states that no hearings were held to assist in the formulation of H.R. 3506. Committee Consideration On May 24, 2023, the Committee met in open session and ordered the bill, H.R. 3506, favorably reported by voice vote, a quorum being present. Committee Votes In compliance with clause 3(b) of House rule XIII, the Committee states that no recorded votes were taken during consideration of H.R. 3506. 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 rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. New Budget Authority and Tax Expenditures Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely submitted prior to filing of the report and is included in the report. Such a cost estimate is included in this report. Congressional Budget Office Cost Estimate With respect to the requirement of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the Committee has received the enclosed cost estimate for H.R. 3506 from the Director of the Congressional Budget Office:On May 24, 2023, the House Committee on the Judiciary ordered reported the following bills that would make technical changes to the United States Code:
H.R. 3496, a bill to make technical amendments to update statutory references to certain provisions which were formerly classified to chapters 14 and 19 of title 25, United States Code, and to correct related technical errors; H.R. 3506, a bill to make technical amendments to update statutory references to certain provisions classified to title 7, title 20, and title 43, United States Code, and to correct related technical errors; H.R. 3571, a bill to make technical amendments to update statutory references to certain provisions classified to title 2, United States Code, title 50, United States Code, and title 52, United States Code, and to correct related technical errors; and H.R. 3578, a bill to make technical amendments to update statutory references to provisions reclassified to title 34, United States Code, and to correct related technical errors. Because the bills would update statutory references, correct errors, and make other nonsubstantive changes to original laws, CBO estimates that enacting the bills would have no effect on the federal budget. The CBO staff contact for this estimate is Jon Sperl. The estimate was reviewed by H. Samuel Papenfuss, Deputy Director of Budget Analysis. Phillip L. Swagel, Director, Congressional Budget Office. Committee Estimate of Budgetary Effects With respect to the requirements of clause 3(d)(1) of rule XIII of the Rules of the House of Representatives, 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. Duplication of Federal Programs Pursuant to clause 3(c)(5) of House rule XIII, no provision of H.R. 3506 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. 3506 would make technical amendments to update statutory references to certain provisions classified to title 7, title 20, and title 43 of the United States Code, and to correct related technical errors. Advisory on Earmarks In accordance with clause 9 of House rule XXI, H.R. 3506 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clauses 9(d), 9(e), or 9(f) of House rule XXI. Federal Mandates Statement The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. Advisory Committee Statement No advisory committees within the meaning of section 5(b) of the Federal Advisory Committee Act were created by this legislation. Applicability to Legislative Branch The Committee finds that the legislation does not relate to the terms and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Pub. L. 104- 1). Section-by-Section Analysis Sec. 1. Title 5, United States Code. Section 1 updates statutory references in title 5. Sec. 2. Title 7, United States Code. Section 2 updates statutory references in title 7. Sec. 3. Title 11, United States Code. Section 3 updates statutory references in title 11. Sec. 4. Title 16, United States Code. Section 4 updates statutory references in title 16. Sec. 5. Title 20, United States Code. Section 5 updates statutory references in title 20. Sec. 6. Title 21, United States Code. Section 6 updates statutory references in title 21. Sec. 7. Title 26, United States Code. Section 7 updates statutory references in title 26. Sec. 8. Title 42, United States Code. Section 8 updates statutory references in title 42. Sec. 9. Title 43, United States Code. Section 9 updates statutory references in title 43. Sec. 10. Title 48, United States Code. Section 10 updates statutory references in title 48. Changes in Existing Law Made by the Bill, as Reported Changes in Existing Law Made by the Bill to Make Technical Amendments to Update Statutory References to Certain Provisions Classified to Title 7, Title 20, and Title 43, United States Code, and to Correct Related Technical Errors 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)] (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 (7 U.S.C. 3157), 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 ADMINISTRATIVE 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 (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 TO PHENOME 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)] (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 (7 U.S.C. 8351, 8352) and the last proviso in the 1st paragraph under the heading ``Animal and Plant Health Inspection Service'' in title I of the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1988 (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] (The Act of August 28, 1937 (43 U.S.C. 2601 et seq.)), and the Act of May 24, 1939 [(43 U.S.C. 1181a et seq.)] (43 U.S.C. 2621 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)] (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(43 U.S.C. 2601 note, 2605) , 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)] (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.)] (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(c)(2)(B), and 462(c)(2)(B) (20 U.S.C. 1070b- 3(c)(2)(B), 1087-52(c)(2)(B), 1087bb(c)(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(b)(5), (g) (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)] (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)] (43 U.S.C. 2601 et seq.), and May 24, 1939 [(53 Stat. 753)] (43 U.S.C. 2621 et seq.), 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)] (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)] (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)) GRAZING LEASES AND PERMITS 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)] (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)] (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)] (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 (43 U.S.C. 2631): * * * 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: