dreamproit/uscode huggingface dataset:
4 U.S.C. § 122 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 122. Determination of place of primary use
(a) Place of Primary Use.—
A home service provider shall be responsible for obtaining and maintaining the customer’s place of primary use (as defined in section 124). Subject to section 121, and if the home service provider’s reliance on information provided by its customer is in good faith, a taxing jurisdiction shall—
(1) allow a home service provider to rely on the applicable residential or business street address supplied by the home service provider’s customer; and
(2) not hold a home service provider liable for any additional taxes, charges, or fees based on a different determination of the place of primary use for taxes, charges, or fees that are customarily passed on to the customer as a separate itemized charge.
(b) Address Under Existing Agreements.—
Except as provided in section 121, a taxing jurisdiction shall allow a home service provider to treat the address used by the home service provider for tax purposes for any customer under a service contract or agreement in effect 2 years after the date of the enactment of the Mobile Telecommunications Sourcing Act as that customer’s place of primary use for the remaining term of such service contract or agreement, excluding any extension or renewal of such service contract or agreement, for purposes of determining the taxing jurisdictions to which taxes, charges, or fees on charges for mobile telecommunications services are remitted.
(Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 630.)
heading: References in Text
text: The date of the enactment of the Mobile Telecommunications Sourcing Act, referred to in subsec. (b), is the date of enactment of Pub. L. 106–252, which was approved July 28, 2000.
heading: Effective Date; Application of Amendment
text: Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
4 U.S.C. § 123 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 123. Scope; special rules
(a) Act Does Not Supersede Customer’s Liability to Taxing Jurisdiction.—
Nothing in sections 116 through 126 modifies, impairs, supersedes, or authorizes the modification, impairment, or supersession of, any law allowing a taxing jurisdiction to collect a tax, charge, or fee from a customer that has failed to provide its place of primary use.
(b) Additional Taxable Charges.—
If a taxing jurisdiction does not otherwise subject charges for mobile telecommunications services to taxation and if these charges are aggregated with and not separately stated from charges that are subject to taxation, then the charges for nontaxable mobile telecommunications services may be subject to taxation unless the home service provider can reasonably identify charges not subject to such tax, charge, or fee from its books and records that are kept in the regular course of business.
(c) Nontaxable Charges.—
If a taxing jurisdiction does not subject charges for mobile telecommunications services to taxation, a customer may not rely upon the nontaxability of charges for mobile telecommunications services unless the customer’s home service provider separately states the charges for nontaxable mobile telecommunications services from taxable charges or the home service provider elects, after receiving a written request from the customer in the form required by the provider, to provide verifiable data based upon the home service provider’s books and records that are kept in the regular course of business that reasonably identifies the nontaxable charges.
(Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 630.)
heading: References in Text
text: Act, referred to in subsec. (a), probably means the Mobile Telecommunications Sourcing Act, Pub. L. 106–252, July 28, 2000, 114 Stat. 626, which enacted sections 116 to 126 of this title and provisions set out as notes under sections 1 and 116 of this title. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 1 of this title and Tables.
heading: Effective Date; Application of Amendment
text: Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
4 U.S.C. § 125 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 125. Nonseverability
If a court of competent jurisdiction enters a final judgment on the merits that—
(1) is based on Federal law;
(2) is no longer subject to appeal; and
(3) substantially limits or impairs the essential elements of sections 116 through 126 of this title,
then sections 116 through 126 of this title are invalid and have no legal effect as of the date of entry of such judgment.
(Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 632.)
heading: Effective Date; Application of Amendment
text: Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
4 U.S.C. § 126 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 126. No inference
(a) Internet Tax Freedom Act.—
Nothing in sections 116 through this section of this title shall be construed as bearing on Congressional intent in enacting the Internet Tax Freedom Act or to modify or supersede the operation of such Act.
(b) Telecommunications Act of 1996.—
Nothing in sections 116 through this section of this title shall limit or otherwise affect the implementation of the Telecommunications Act of 1996 or the amendments made by such Act.
(Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 632.)
heading: References in Text
text: The Internet Tax Freedom Act, referred to in subsec. (a), is title XI of Pub. L. 105–277, div. C, Oct. 21, 1998, 112 Stat. 2681–719, which is set out as a note under section 151 of Title 47, Telecommunications.
The Telecommunications Act of 1996, referred to in subsec. (b), is Pub. L. 104–104, Feb. 8, 1996, 110 Stat. 56. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 609 of Title 47, Telecommunications, and Tables.
heading: Effective Date; Application of Amendment
text: Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
4 U.S.C. § 141 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 141. Collection, preparation and publication
The Archivist of the United States, hereinafter referred to in this chapter as the “Archivist”, shall continue to completion the work of collecting, editing, copying, and suitably arranging for issuance as a Government publication, the official papers relating to the Territories from which States of the United States were formed, in the national archives, as listed in Parker’s “Calendar of Papers in Washington” Archives Relating to the Territories of the United States (to 1873)”, being publication numbered 148 of the Carnegie Institution of Washington, together with such additional papers of like character which may be found.
(Added Oct. 31, 1951, ch. 655, § 12, 65 Stat. 713; amended Pub. L. 98–497, title I, § 107(f), Oct. 19, 1984, 98 Stat. 2292.)
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist of the United States” and “Archivist” for “Administrator of General Services” and “Administrator”, respectively.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
heading: Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel
text: See note preceding this section.
4 U.S.C. § 142 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 142. Appointment of experts
For the purpose of carrying on the work prescribed by section 141 of this title, the Archivist, without regard to the Classification Act of 1949 and the civil service laws and regulations thereunder, may engage the services, either in or outside of the District of Columbia, of not to exceed five historical experts who are especially informed on the various phases of the territorial history of the United States and are especially qualified for the editorial work necessary in arranging such territorial papers for publication.
(Added Oct. 31, 1951, ch. 655, § 12, 65 Stat. 714; amended Pub. L. 98–497, title I, § 107(f), Oct. 19, 1984, 98 Stat. 2292.)
heading: References in Text
text: The Classification Act of 1949, referred to in text, is act Oct. 28, 1949, ch. 782, 63 Stat. 954, which was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees.
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator”.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
heading: Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel
text: See note preceding section 141 of this title.
4 U.S.C. § 143 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 143. Employment and utilization of other personnel; cost of copy reading and indexing
(a) In carrying out his functions under this chapter, the Archivist may employ such clerical assistants as may be necessary.
(b) The work of copy reading and index making for the publication of the papers described in section 141 of this title shall be done by the regular editorial staff of the National Archives and Records Administration, and the cost of this particular phase of the work (prorated each month according to the number of hours spent and the annual salaries of the clerks employed) shall be charged against the annual appropriations made under section 146 of this title.
(Added Oct. 31, 1951, ch. 655, § 12, 65 Stat. 714; amended Pub. L. 98–497, title I, § 107(f), Oct. 19, 1984, 98 Stat. 2292.)
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–497 substituted “Archivist” for “Administrator”.
Subsec. (b). Pub. L. 98–497 substituted “National Archives and Records Administration” for “General Services Administration”.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
heading: Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel
text: See note preceding section 141 of this title.
4 U.S.C. § 144 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 144. Cooperation of departments and agencies
The heads of the several executive departments and independent agencies and establishments shall cooperate with the Archivist in the work prescribed by section 141 of this title by permitting access to any records deemed by him to be necessary to the completion of such work.
(Added Oct. 31, 1951, ch. 655, § 12, 65 Stat. 714; amended Pub. L. 98–497, title I, § 107(f), Oct. 19, 1984, 98 Stat. 2292.)
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator”.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
heading: Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel
text: See note preceding section 141 of this title.
4 U.S.C. § 145 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 145. Printing and distribution
(a) The Public Printer shall print and bind each volume of the official papers relating to the Territories of the United States as provided for in this chapter, of which—
(1) four hundred and twenty copies shall be delivered to the Superintendent of Documents, Government Printing Office, for distribution, on the basis of one copy each, and as directed by the Archivist, to those historical associations, commissions, museums, or libraries and other nondepository libraries, not to exceed eight in number within each State, Territory, or Possession, which have been or may be designated by the Governor thereof to receive such copies;
(2) one hundred copies shall be delivered to the National Archives and Records Administration for the use of that Administration; and
(3) one hundred copies shall be delivered to the Superintendent of Documents for distribution in such manner and number as may be authorized and directed by the Joint Committee on Printing.
(b) The historical associations, commissions, museums, or libraries and other nondepository libraries within each State, Territory, or Possession which have been or may be designated by the Governor thereof to receive the publications referred to in subsection (a) of this section, shall, during their existence, receive the succeeding volumes, the distribution of which shall be made by the Superintendent of Documents in accordance with lists of designations transmitted to him by the Archivist. A new designation may be made to the Archivist by the Governor only when a designated association, commission, museum, or library shall cease to exist, or when authorized by law.
(Added Oct. 31, 1951, ch. 655, § 12, 65 Stat. 714; amended Pub. L. 98–497, title I, § 107(f), Oct. 19, 1984, 98 Stat. 2292.)
heading: Amendments
text: 1984—Subsec. (a)(1). Pub. L. 98–497 substituted “Archivist” for “Administrator”.
Subsec. (a)(2). Pub. L. 98–497 substituted “National Archives and Records Administration” for “General Services Administration”.
Subsec. (b). Pub. L. 98–497 substituted “Archivist” for “Administrator” in two places.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
heading: Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel
text: See note preceding section 141 of this title.
4 U.S.C. § 146 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 146. Authorization of appropriations
For the purposes of this chapter, there are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, sums of not more than $50,000 for any one fiscal year.
(Added Oct. 31, 1951, ch. 655, § 12, 65 Stat. 715.)
heading: Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel
text: See note preceding section 141 of this title.
5 U.S.C. § 102 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 102. Military departments
The military departments are:
The Department of the Army.
The Department of the Navy.
The Department of the Air Force.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.)
heading: Historical and Revision Notes
text: The section is supplied to avoid the necessity for defining “military departments” each time it is used in this title. See section 101(7) of title 10.
5 U.S.C. § 103 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 103. Government corporation
For the purpose of this title—
(1) “Government corporation” means a corporation owned or controlled by the Government of the United States; and
(2) “Government controlled corporation” does not include a corporation owned by the Government of the United States.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.)
heading: Historical and Revision Notes
text: The section is supplied to avoid the necessity for defining “Government corporation” and “Government controlled corporation” each time it is used in this title.
5 U.S.C. § 104 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 104. Independent establishment
For the purpose of this title, “independent establishment” means—
(1) an establishment in the executive branch (other than the United States Postal Service or the Postal Regulatory Commission) which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment; and
(2) the Government Accountability Office.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 91–375, § 6(c)(2), Aug. 12, 1970, 84 Stat. 775; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–435, title VI, § 604(b), Dec. 20, 2006, 120 Stat. 3241.)
heading: Historical and Revision Notes
text: The section is supplied to avoid the necessity for defining “independent establishment” each time it is used in this title.
Certain agencies are not independent establishments under the definition since they are constituent agencies or parts of an independent establishment. However, these agencies would continue to be subject to the provisions of this title applicable to the independent establishment of which they are a constituent or part. Also, the definition does not expand or abridge any rights or authority possessed by these agencies as no substantive changes are intended, see section 7(a) of the bill.
heading: Amendments
text: 2006—Par. (1). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
2004—Par. (2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
1970—Par. (1). Pub. L. 91–375 inserted “(other than the United States Postal Service or the Postal Rate Commission)” after “executive branch”.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
5 U.S.C. § 105 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 105. Executive agency
For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.)
heading: Historical and Revision Notes
text: The section is supplied to avoid the necessity for defining “Executive agency” each time it is used in this title.
5 U.S.C. § 302 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 302. Delegation of authority
(a) For the purpose of this section, “agency” has the meaning given it by section 5721 of this title.
(b) In addition to the authority to delegate conferred by other law, the head of an agency may delegate to subordinate officials the authority vested in him—
(1) by law to take final action on matters pertaining to the employment, direction, and general administration of personnel under his agency; and
(2) by section 3702 of title 44 to authorize the publication of advertisements, notices, or proposals.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 94–183, § 2(1), Dec. 31, 1975, 89 Stat. 1057.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 22a.
Aug. 2, 1946, ch. 744, § 12, 60 Stat. 809.
Clause (2) of former section 22a is omitted because of the repeal of R.S. § 3683 (31 U.S.C. 675) by the Act of Sept. 12, 1950, ch. 946, § 301(76), 64 Stat. 843.
The word “agency” is substituted for “department” and defined to conform to the definition of “department” in section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.
In subsection (b), the words “In addition to the authority to delegate conferred by other law,” are added for clarity and in recognition of the various reorganization plans which generally have transferred all functions of the departments and agencies to the heads thereof and have authorized them to delegate the functions to subordinates.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1975—Subsec. (b)(2). Pub. L. 94–183 substituted “3702” for “324”.
5 U.S.C. § 303 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 303. Oaths to witnesses
(a) An employee of an Executive department lawfully assigned to investigate frauds on or attempts to defraud the United States, or irregularity or misconduct of an employee or agent of the United States, may administer an oath to a witness attending to testify or depose in the course of the investigation.
(b) An employee of the Department of Defense lawfully assigned to investigative duties may administer oaths to witnesses in connection with an official investigation.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 94–213, Feb. 13, 1976, 90 Stat. 179.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 93.
R.S. § 183.
Mar. 2, 1901, ch. 809, § 3, 31 Stat. 951.
Feb. 13, 1911, ch. 43, 36 Stat. 898.
The word “employee” is substituted for “officer or clerk” in view of the definition in section 2105. The words “Executive department” are substituted for “departments” as the definition of “department” applicable to this section is coextensive with the definition of “Executive department” in section 101. So much as related to the Armed Forces is omitted as superseded by section 636 of title 14 and section 936(b) of title 10.
This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (formerly 5 U.S.C. 171–1), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1976—Pub. L. 94–213 designated existing provisions as subsec. (a) and added subsec. (b).
5 U.S.C. § 501 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 501. Advertising practice; restrictions
An individual, firm, or corporation practicing before an agency of the United States may not use the name of a Member of either House of Congress or of an individual in the service of the United States in advertising the business.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 381.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 101.
Apr. 27, 1916, ch. 89, § 1, 39 Stat. 54.
The words “may not” are substituted for “It shall be unlawful for”. The words “agency of the United States” are substituted for “any department or office of the Government”. The words “an individual in the service of the United States” are substituted for “officer of the Government” in view of the definitions in sections 2104 and 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 502 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 502. Administrative practice; Reserves and National Guardsmen
Membership in a reserve component of the armed forces or in the National Guard does not prevent an individual from practicing his civilian profession or occupation before, or in connection with, an agency of the United States.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 381.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 30r(c) (2d sentence).
Aug. 10, 1956, ch. 1041, § 29(c) (2d sentence), 70A Stat. 632.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.