dreamproit/uscode huggingface dataset:
15 U.S.C. § 6755 (COMMERCE AND TRADE)
§ 6755. Bylaws, standards, and disciplinary actions
(a) Adoption and amendment of bylaws and standards
(1) Procedures
The Association shall adopt procedures for the adoption of bylaws and standards that are similar to procedures under subchapter II of chapter 5 of title 5 (commonly known as the “Administrative Procedure Act”).
(2) Copy required to be filed
The Board shall submit to the President, through the Department of the Treasury, and the States (including State insurance regulators), and shall publish on the website of the Association, all proposed bylaws and standards of the Association, or any proposed amendment to the bylaws or standards of the Association, accompanied by a concise general statement of the basis and purpose of such proposal.
(3) Effective date
Any proposed bylaw or standard of the Association, and any proposed amendment to the bylaws or standards of the Association, shall take effect, after notice under paragraph (2) and opportunity for public comment, on such date as the Association may designate, unless suspended under section 6759(c) of this title.
(4) Rule of construction
Nothing in this section shall be construed to subject the Board or the Association to the requirements of subchapter II of chapter 5 of title 5 (commonly known as the “Administrative Procedure Act”).
(b) Disciplinary action by the Association
(1) Specification of charges
In any proceeding to determine whether membership shall be denied, suspended, revoked, or not renewed, or to determine whether a member of the Association should be placed on probation (referred to in this section as a “disciplinary action”) or whether to assess fines or monetary penalties, the Association shall bring specific charges, notify the member of the charges, give the member an opportunity to defend against the charges, and keep a record.
(2) Supporting statement
A determination to take disciplinary action shall be supported by a statement setting forth—
(A) any act or practice in which the member has been found to have been engaged;
(B) the specific provision of this subchapter or standard of the Association that any such act or practice is deemed to violate; and
(C) the sanction imposed and the reason for the sanction.
(3) Ineligibility of private sector representatives
Board members appointed pursuant to section 6754(c)(3) of this title may not—
(A) participate in any disciplinary action or be counted toward establishing a quorum during a disciplinary action; and
(B) have access to confidential information concerning any disciplinary action.
(Pub. L. 106–102, title III, § 325, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 23.)
heading: Prior Provisions
text: Provisions similar to this section were contained in section 6758 of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.
A prior section 6755, Pub. L. 106–102, title III, § 325, Nov. 12, 1999, 113 Stat. 1424, related to membership in the Association, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6753 of this title.
15 U.S.C. § 6756 (COMMERCE AND TRADE)
§ 6756. Powers
In addition to all the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act, the Association shall have the power to—
(1) establish and collect such membership fees as the Association finds necessary to impose to cover the costs of its operations;
(2) adopt, amend, and repeal bylaws, procedures, or standards governing the conduct of Association business and performance of its duties;
(3) establish procedures for providing notice and opportunity for comment pursuant to section 6755(a) of this title;
(4) enter into and perform such agreements as necessary to carry out the duties of the Association;
(5) hire employees, professionals, or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of this subchapter, and determine their qualification;
(6) establish personnel policies of the Association and programs relating to, among other things, conflicts of interest, rates of compensation, where applicable, and qualifications of personnel;
(7) borrow money; and
(8) secure funding for such amounts as the Association determines to be necessary and appropriate to organize and begin operations of the Association, which shall be treated as loans to be repaid by the Association with interest at market rate.
(Pub. L. 106–102, title III, § 326, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 24.)
heading: References in Text
text: The District of Columbia Nonprofit Corporation Act, referred to in text, is Pub. L. 87–569, Aug. 6, 1962, 76 Stat. 265, which is not classified to the Code.
heading: Prior Provisions
text: A prior section 6756, Pub. L. 106–102, title III, § 326, Nov. 12, 1999, 113 Stat. 1426, related to board of directors, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6754 of this title.
15 U.S.C. § 6757 (COMMERCE AND TRADE)
§ 6757. Report by the Association
(a) In general
As soon as practicable after the close of each fiscal year, the Association shall submit to the President, through the Department of the Treasury, and the States (including State insurance regulators), and shall publish on the website of the Association, a written report regarding the conduct of its business, and the exercise of the other rights and powers granted by this subchapter, during such fiscal year.
(b) Financial statements
Each report submitted under subsection (a) with respect to any fiscal year shall include audited financial statements setting forth the financial position of the Association at the end of such fiscal year and the results of its operations (including the source and application of its funds) for such fiscal year.
(Pub. L. 106–102, title III, § 327, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 24.)
heading: Prior Provisions
text: Provisions similar to this section were contained in section 6762(c) of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.
A prior section 6757, Pub. L. 106–102, title III, § 327, Nov. 12, 1999, 113 Stat. 1427, related to officers of the Association, prior to the general amendment of this subchapter by Pub. L. 114–1.
15 U.S.C. § 6758 (COMMERCE AND TRADE)
§ 6758. Liability of the Association and the Board members, officers, and employees of the Association
(a) In general
The Association shall not be deemed to be an insurer or insurance producer within the meaning of any State law, rule, regulation, or order regulating or taxing insurers, insurance producers, or other entities engaged in the business of insurance, including provisions imposing premium taxes, regulating insurer solvency or financial condition, establishing guaranty funds and levying assessments, or requiring claims settlement practices.
(b) Liability of Board members, officers, and employees
No Board member, officer, or employee of the Association shall be personally liable to any person for any action taken or omitted in good faith in any matter within the scope of their responsibilities in connection with the Association.
(Pub. L. 106–102, title III, § 328, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 25.)
heading: Prior Provisions
text: Provisions similar to this section were contained in section 6761 of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.
A prior section 6758, Pub. L. 106–102, title III, § 328, Nov. 12, 1999, 113 Stat. 1427, related to bylaws, rules, and disciplinary action, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6755 of this title.
15 U.S.C. § 6759 (COMMERCE AND TRADE)
§ 6759. Presidential oversight
(a) Removal of Board
If the President determines that the Association is acting in a manner contrary to the interests of the public or the purposes of this subchapter or has failed to perform its duties under this subchapter, the President may remove the entire existing Board for the remainder of the term to which the Board members were appointed and appoint, in accordance with section 6754 of this title and with the advice and consent of the Senate, in accordance with the procedures established under Senate Resolution 116 of the 112th Congress, new Board members to fill the vacancies on the Board for the remainder of the terms.
(b) Removal of Board member
The President may remove a Board member only for neglect of duty or malfeasance in office.
(c) Suspension of bylaws and standards and prohibition of actions
Following notice to the Board, the President, or a person designated by the President for such purpose, may suspend the effectiveness of any bylaw or standard, or prohibit any action, of the Association that the President or the designee determines is contrary to the purposes of this subchapter.
(Pub. L. 106–102, title III, § 329, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 25.)
heading: References in Text
text: Senate Resolution 116 of the 112th Congress, referred to in subsec. (a), which was agreed to June 29, 2011, provided for expedited Senate consideration of certain nominations subject to advice and consent.
heading: Prior Provisions
text: Provisions similar to this section were contained in section 6762(b)(2)(C) of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.
A prior section 6759, Pub. L. 106–102, title III, § 329, Nov. 12, 1999, 113 Stat. 1430, related to assessments, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6756(1) of this title.
15 U.S.C. § 6761 (COMMERCE AND TRADE)
§ 6761. Coordination with Financial Industry Regulatory Authority
The Association shall coordinate with the Financial Industry Regulatory Authority in order to ease any administrative burdens that fall on members of the Association that are subject to regulation by the Financial Industry Regulatory Authority, consistent with the requirements of this subchapter and the Federal securities laws.
(Pub. L. 106–102, title III, § 331, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 26.)
heading: Prior Provisions
text: Provisions similar to this section were contained in section 6764(b) of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.
A prior section 6761, Pub. L. 106–102, title III, § 331, Nov. 12, 1999, 113 Stat. 1430, related to liability of the Association and the directors, officers, and employees of the Association, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6758 of this title.
15 U.S.C. § 6762 (COMMERCE AND TRADE)
§ 6762. Right of action
(a) Right of action
Any person aggrieved by a decision or action of the Association may, after reasonably exhausting available avenues for resolution within the Association, commence a civil action in an appropriate United States district court, and obtain all appropriate relief.
(b) Association interpretations
In any action under subsection (a), the court shall give appropriate weight to the interpretation of the Association of its bylaws and standards and this subchapter.
(Pub. L. 106–102, title III, § 332, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 26.)
heading: Prior Provisions
text: Provisions similar to this section were contained in section 6765 of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.
A prior section 6762, Pub. L. 106–102, title III, § 332, Nov. 12, 1999, 113 Stat. 1431, related to elimination of NAIC oversight, prior to the general amendment of this subchapter by Pub. L. 114–1. See sections 6757 and 6759 of this title.
15 U.S.C. § 6763 (COMMERCE AND TRADE)
§ 6763. Federal funding prohibited
The Association may not receive, accept, or borrow any amounts from the Federal Government to pay for, or reimburse,1 the Association for, the costs of establishing or operating the Association.
(Pub. L. 106–102, title III, § 333, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 27.)
heading: Prior Provisions
text: A prior section 6763, Pub. L. 106–102, title III, § 333, Nov. 12, 1999, 113 Stat. 1432, related to relationship to State law, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6760 of this title.
38 U.S.C. § 1709B (VETERANS’ BENEFITS)
§ 1709B. Evaluations of mental health care and suicide prevention programs
(a) Evaluations.—
(1) Not less frequently than once during each period specified in paragraph (3), the Secretary shall provide for the conduct of an evaluation of the mental health care and suicide prevention programs carried out under the laws administered by the Secretary.
(2) Each evaluation conducted under paragraph (1) shall—
(A) use metrics that are common among and useful for practitioners in the field of mental health care and suicide prevention;
(B) identify the most effective mental health care and suicide prevention programs conducted by the Secretary, including such programs conducted at a Center of Excellence;
(C) identify the cost-effectiveness of each program identified under subparagraph (B);
(D) measure the satisfaction of patients with respect to the care provided under each such program; and
(E) propose best practices for caring for individuals who suffer from mental health disorders or are at risk of suicide, including such practices conducted or suggested by other departments or agencies of the Federal Government, including the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services.
(3) The periods specified in this paragraph are the following:
(A) The period beginning on the date on which the Secretary awards the contract under paragraph (4) and ending on September 30, 2018.
(B) Each fiscal year beginning on or after October 1, 2018.
(4) Not later than 180 days after the date of the enactment of this section, the Secretary shall seek to enter into a contract with an independent third party unaffiliated with the Department of Veterans Affairs to conduct evaluations under paragraph (1).
(5) The independent third party that is awarded the contract under paragraph (4) shall submit to the Secretary each evaluation conducted under paragraph (1).
(b) Annual Submission.—
Not later than December 1, 2018, and each year thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that contains the following:
(1) The most recent evaluations submitted to the Secretary under subsection (a)(5) that the Secretary has not previously submitted to such Committees.
(2) Any recommendations the Secretary considers appropriate.
(Added Pub. L. 114–2, § 2(a)(1), Feb. 12, 2015, 129 Stat. 30.)
heading: References in Text
text: The date of the enactment of this section, referred to in subsec. (a)(4), is the date of enactment of Pub. L. 114–2, which was approved Feb. 12, 2015.
10 U.S.C. § 142 (ARMED FORCES)
§ 142. Chief Information Officer
(a) There is a Chief Information Officer of the Department of Defense.
(b)
(1) The Chief Information Officer of the Department of Defense—
(A) is the Chief Information Officer of the Department of Defense for the purposes of sections 3506(a)(2) and 3544(a)(3) of title 44;
(B) has the responsibilities and duties specified in section 11315 of title 40;
(C) has the responsibilities specified for the Chief Information Officer in sections 2222, 2223(a), and 2224 of this title; and
(D) exercises authority, direction, and control over the Information Assurance Directorate of the National Security Agency.
(2) The Chief Information Officer shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe.
(c) The Chief Information Officer takes precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(4) of this title. The officials serving in positions specified in section 131(b)(4) and the Chief Information Officer of the Department of Defense take precedence among themselves in the order prescribed by the Secretary of Defense.
(Added and amended Pub. L. 113–291, div. A, title IX, § 901(b)(1), (j)(1)(B), Dec. 19, 2014, 128 Stat. 3463, 3467.)
heading: Amendment of Section
text: Pub. L. 113–291, div. A, title IX, § 901(j)(1)(B), Dec. 19, 2014, 128 Stat. 3467, provided that, effective Feb. 1, 2017, this section is amended by striking subsection (c). See 2014 Amendment note below.
heading: Prior Provisions
text: A prior section 142 of this title was renumbered section 138d of this title and subsequently repealed.
Another prior section 142 of this title was contained in chapter 5 of this title, prior to amendment by Pub. L. 99–433. See note preceding section 151 of this title.
heading: Amendments
text: 2014—Subsec. (c). Pub. L. 113–291, § 901(j)(1)(B), struck out subsec. (c) which read as follows: “The Chief Information Officer takes precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(4) of this title. The officials serving in positions specified in section 131(b)(4) and the Chief Information Officer of the Department of Defense take precedence among themselves in the order prescribed by the Secretary of Defense.”
heading: Effective Date of 2014 Amendment
text: Pub. L. 113–291, div. A, title IX, § 901(j)(1), Dec. 19, 2014, 128 Stat. 3467, provided that the amendment made by section 901(j)(1)(B) is effective on the effective date specified in section 901(a)(1) of Pub. L. 113–291, which is Feb. 1, 2017.
10 U.S.C. § 223a (ARMED FORCES)
§ 223a. Ballistic missile defense programs: procurement
(a) Budget Justification Materials.—
In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall specify, for each ballistic missile defense system element for which the Missile Defense Agency is engaged in planning for production and initial fielding, the following information:
(1) The production rate capabilities of the production facilities planned to be used for production of that element.
(2) The potential date of availability of that element for initial fielding.
(3) The estimated date on which the administration of the acquisition of that element is to be transferred from the Director of the Missile Defense Agency to the Secretary of a military department.
(b) Future-Years Defense Program.—
The Secretary of Defense shall include in the future-years defense program submitted to Congress each year under section 221 of this title an estimate of the amount necessary for procurement for each ballistic missile defense system element, together with a discussion of the underlying factors and reasoning justifying the estimate.
(c) Performance Criteria.—
The Director of the Missile Defense Agency shall include in the performance criteria prescribed for planned development phases of the ballistic missile defense system and its elements a description of the intended effectiveness of each such phase against foreign adversary capabilities.
(Added Pub. L. 108–136, div. A, title II, § 223(a)(1), Nov. 24, 2003, 117 Stat. 1420; amended Pub. L. 113–291, div. A, title X, § 1060(a)(1), Dec. 19, 2014, 128 Stat. 3502.)
heading: Amendments
text: 2014—Subsec. (d). Pub. L. 113–291 struck out subsec. (d). Text read as follows: “The Director of Operational Test and Evaluation shall make available for review by the congressional defense committees the developmental and operational test plans established to assess the effectiveness of the ballistic missile defense system and its elements with respect to the performance criteria described in subsection (c).”
heading: Implementation of Requirement for Availability of Test Plans
text: Pub. L. 108–136, div. A, title II, § 223(b), Nov. 24, 2003, 117 Stat. 1420, directed that subsec. (d) of this section was to be implemented not later than Mar. 1, 2004.
10 U.S.C. § 496 (ARMED FORCES)
§ 496. Consideration of expansion of nuclear forces of other countries
(a) Report and Certification.—
Not later than 60 days before the President recommends any reductions to the nuclear forces of the United States—
(1) the President shall transmit to the appropriate congressional committees a report detailing, for each country with nuclear weapons, the high-, medium-, and low- confidence assessment of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) with respect to—
(A) the number of each type of nuclear weapons possessed by such country;
(B) the modernization plans for such weapons of such country;
(C) the production capacity of nuclear warheads and strategic delivery systems (as defined in section 495(e)(2) of this title) of such country;
(D) the nuclear doctrine of such country; and
(E) the impact of such recommended reductions on the deterrence and extended deterrence capabilities of the United States; and
(2) the Commander of the United States Strategic Command shall certify to the appropriate congressional committees whether such recommended reductions in the nuclear forces of the United States will—
(A) impair the ability of the United States to address—
(i) unplanned strategic or geopolitical events; or
(ii) technical challenge; or
(B) degrade the deterrence or assurance provided by the United States to friends and allies of the United States.
(b) Form.—
The reports required by subsection (a)(1) shall be submitted in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.—
In this section, the term “appropriate congressional committees” means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(Added Pub. L. 112–239, div. A, title X, § 1036(a), Jan. 2, 2013, 126 Stat. 1924; amended Pub. L. 113–291, div. A, title X, § 1071(c)(10), Dec. 19, 2014, 128 Stat. 3509.)
heading: Amendments
text: 2014—Subsec. (a)(1). Pub. L. 113–291 substituted “(50 U.S.C. 3003(4))” for “(50 U.S.C. 401a(4))” in introductory provisions.