United States Code

“ The White House,
January 7, 2002.
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7103 (b) (1) of title 5, United States Code, and in order to exempt certain subdivisions of the Department of Justice from coverage under the Federal Labor-Management Relations Program, it is hereby ordered as follows:
Section 1.⁠ Determinations. ”

“ IN GENERAL.—Section 714 of title 31, United States Code, is amended— (A) in subsection (d) (3) , by striking “or (f) ” each place such term appears; (B) in subsection (e) , by striking “the third undesignated paragraph of section 13” and inserting “section 13 (3) ” ”

“ This category includes documents subject to codification, general policy statements concerning regulations, interpretations of agency regulations, statements of organization and function, and documents that affect other documents previously published in the rules and regulations section. (c) Proposed rules. This category contains each notice of proposed rulemaking submitted pursuant to section 553 of title 5, United States Code, or any other law, which if promulgated as a rule, would have general applicability and legal effect. ”

“ SEC. 23. JUDICIAL REVIEW. Section 635 of the Communications Act of 1934 (47 U.S.C. 555) is amended by adding at the end the following new subsection: ' (c) (1) Notwithstanding any other provision of law, any civil action challenging the constitutionality of section 614 or 615 of this Act or any provision thereof shall be heard by a district court of three judges convened pursuant to the provisions of section 2284 of title 28, United States Code. ”

“ Sections 5 and 6 of Public Law 87-293, 75 Stat. 613, 615, as amended (22 U.S.C. 2504 and 2505) ; (f) Section 15 of Public Law 90-202, as added by section 28 (b) (2) of Public Law 93-259, 88 Stat. 74, and as amended (29 U.S.C. 633a) ; (g) Sections 235 and 4105 of title 38, United States Code; (h) Section 203 of the Act of July 1, 1944, c.373, 58 Stat. 683, as amended (42 U.S.C. 204) ; and (i) Civil Service Rules VII and VIII (5 C.F.R. parts 7 and 8) . 3. ”

“ Civil judicial enforcement The Administrator shall, as appropriate, in the case of any person that is the owner or operator of an affected source, a major emitting facility, or a major stationary source, and may, in the case of any other person, commence a civil action for a permanent or temporary injunction, or to assess and recover a civil penalty of not more than $25,000 per day for each violation, or both, in any of the following instances:
(1) Whenever such person has violated, or is in violation of, any requirement or prohibition of an applicable implementation plan or permit. ”

“ Any action respecting a violation by a stationary source of an emission standard or limitation or an order respecting such standard or limitation may be brought only in the judicial district in which such source is located. (2) In any action under this section, the Administrator, if not a party, may intervene as a matter of right at any time in the proceeding. A judgment in an action under this section to which the United States is not a party shall not, however, have any binding effect upon the United States. ”

“ The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except— (1) a substantive rule which grants or recognizes an exemption or relieves a restriction; (2) interpretative rules and statements of policy; or (3) as otherwise provided by the agency for good cause found and published with the rule. (e) Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule. ”

“ Governed by the laws of the States whence they were severed, the two shores of the Potomac within the ten miles square have different penal codes--not the present codes of Virginia and Maryland, but such as existed in those States at the time of the cession to the United States. As Congress will not form a new code, and as the people of the District can not make one for themselves, they are virtually under two governments. Is it not just to allow them at least a Delegate in Congress, if not a local legislature, to make laws for the District, subject to the approval or rejection of Congress? ”

“ The definition encompasses the United States, a State, Commonwealth, District, Territory, municipality, or foreign state, and a department, agency, or instrumentality of any of those entities. "Department, agency, or instrumentality" does not include an entity that owes its existence to State action, such as the granting of a charter or a license but that has no other connection with a State or local government or the Federal Government. ”

“ Exclusions This part shall not apply to any provision in a bill, joint resolution, amendment, motion, or conference report before Congress that—
(1) enforces constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government ”

“ Document having general applicability and legal effect means any document issued under proper authority prescribing a penalty or course of conduct, conferring a right, privilege, authority, or immunity, or imposing an obligation, and relevant or applicable to the general public, members of a class, or persons in a locality, as distinguished from named individuals or organizations ”

“ Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for the aggregation of certain requests by the same requestor, or by a group of requestors acting in concert, if the agency reasonably believes that such requests actually constitute a single request, which would otherwise satisfy the unusual circumstances specified in this subparagraph, and the requests involve clearly related matters. ”

“ The Commission shall promulgate a regulation under which a person required to file a designation, statement, or report under this Act— (i) is required to maintain and file a designation, statement, or report for any calendar year in electronic form accessible by computers if the person has, or has reason to expect to have, aggregate contributions or expenditures in excess of a threshold amount determined by the Commission ”

“ Specific Powers.—The Office—
(1) shall adopt and use a seal of the Office, which shall be judicially noticed and with which letters patent, certificates of trademark registrations, and papers issued by the Office shall be authenticated; (2) may establish regulations, not inconsistent with law, which— (A) shall govern the conduct of proceedings in the Office; (B) shall be made in accordance with section 553 of title 5 ”

“ USE IN CERTAIN PROCEEDINGS.—Returns and return information disclosed to a Federal agency under subparagraph (A) may be used in an action or proceeding (or in preparation for such action or proceeding) brought under section 625 of the American Jobs Creation Act of 2004 for the collection of any unpaid assessment or penalty arising under such Act.’’. (2) CONFORMING AMENDMENT.—Section 6103 (p) (4) of such Code is amended by striking ‘‘ (o) (1) ’’ both places it appears and inserting ‘‘ (o) (1) (A) ’’. ”

“ Provided, however, That nothing herein shall preclude any State or local government from enacting and enforcing complementary oversight, liability, and regulatory systems, procedures, and requirements, so long as such systems, procedures, and requirements govern only intrastate services and do not result in the imposition of inconsistent rights, duties or obligations on the provision of interstate services. ”

“ This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301 (2) (E) , 5372, and 7521 of this title, and the provisions of section 5335 (a) (B) of this title that relate to administrative law judges, do not limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, requirements or privileges relating to evidence or procedure apply equally to agencies and persons. Each agency is granted the authority necessary to comply with the requirements of this subchapter through the issuance of rules or otherwise. ”

“ It does not create any right or benefit, substantive or procedural, enforceable in law or equity except as may be identified in existing laws and regulations, by a party against the United States, its agencies, its officers or employees, or any other person. ”

“ Repeals as evidence of prior effectiveness No inference shall be raised by the enactment of the Act of March 3, 1933 (ch. 202, 47 Stat. 1431) , that the sections of the Revised Statutes repealed by such Act were in force or effect at the time of such enactment: Provided, however, That any rights or liabilities existing under such repealed sections shall not be affected by their repeal. ”

“ To classify newly enacted provisions of law to their proper positions in the Code where the titles involved have not yet been enacted into positive law. (5) To prepare and submit periodically such revisions in the titles of the Code which have been enacted into positive law as may be necessary to keep such titles current. ”

“ Subpart B—Citations of Authority
21.40 General requirements: Authority citations. Each section in a document subject to codification must include, or be covered by, a complete citation of the authority under which the section is issued, including—
(a) General or specific authority delegated by statute; and (b) Executive delegations, if any, necessary to link the statutory authority to the issuing agency. [50 FR 12468, Mar. 28, 1985]
21.41 Agency responsibility. (a) Each issuing agency is responsible for the accuracy and integrity of the citations of authority in the documents it issues. ”

“ Not later than the date one year after August 7, 1977, each applicable implementation plan shall contain requirements that—
(1) any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders under this chapter, and (2) any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed. ”

“ The ability of any district judge or other officer or employee of a district court to exercise any of the authority or responsibilities conferred upon the court under this title shall be determined by reference to the provisions relating to such judge, officer, or employee set forth in title 28. This subsection shall not be interpreted to exclude bankruptcy judges and other officers or employees appointed pursuant to chapter 6 of title 28 from its operation. ”

“ Assessment and collection (1) (A) Not later than 6 months after August 7, 1977, and after notice and opportunity for a public hearing, the Administrator shall promulgate regulations requiring the assessment and collection of a noncompliance penalty against persons referred to in paragraph (2) (A) . (B) (i) Each State may develop and submit to the Administrator a plan for carrying out this section in such State. If the Administrator finds that the State plan meets the requirements of this section, he may delegate to such State any authority he has to carry out this section. ”

“ Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law— (A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation, and (B) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. ”