dreamproit/uscode huggingface dataset:
22 U.S.C. § 4803 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4803. Designation of high risk, high threat posts
(a) Initial designation
Not later than 30 days after December 16, 2016, the Department of State shall submit to the appropriate congressional committees a report, in classified form, that contains a list of diplomatic and consular posts designated as high risk, high threat posts.
(b) Designations before opening or reopening posts
Before opening or reopening a diplomatic or consular post, the Secretary shall determine if such post should be designated as a high risk, high threat post.
(c) Designating existing posts
The Secretary shall regularly review existing diplomatic and consular posts to determine if any such post should be designated as a high risk, high threat post if conditions at such post or the surrounding security environment require such a designation.
(d) Definitions
In this section:
(1) Appropriate congressional committees
The term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(2) High risk, high threat post
The term “high risk, high threat post” means a United States diplomatic or consular post or other United States mission abroad, as determined by the Secretary, that, among other factors—
(A) is located in a country—
(i) with high to critical levels of political violence and terrorism; and
(ii) the government of which lacks the ability or willingness to provide adequate security; and
(B) has mission physical security platforms that fall below the Department of State’s established standards.
(Pub. L. 99–399, title I, § 104, as added Pub. L. 114–323, title I, § 101(a), Dec. 16, 2016, 130 Stat. 1907.)
heading: Prior Provisions
text: A prior section 4803, Pub. L. 99–399, title I, § 104(a), Aug. 27, 1986, 100 Stat. 856, established Bureau of Diplomatic Security in Department of State, prior to repeal by Pub. L. 103–236, title I, § 162(g)(3), Apr. 30, 1994, 108 Stat. 407.
A prior section 104 of Pub. L. 99–399, enacted this section, and amended former section 2652 of this title and section 5315 of Title 5, Government Organization and Employees, prior to repeal by Pub. L. 103–236, title I, § 162(g)(3), Apr. 30, 1994, 108 Stat. 407.
22 U.S.C. § 4866 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4866. Security training for personnel assigned to a high risk, high threat post
(a) In general
Individuals assigned permanently to or who are in long-term temporary duty status as designated by the Secretary of State at a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to prepare such individuals for living and working at such posts.
(b) Security training described
Security training referred to in subsection (a)—
(1) is training to improve basic knowledge and skills; and
(2) may include—
(A) an ability to recognize, avoid, and respond to potential terrorist situations, including a complex attack;
(B) conducting surveillance detection;
(C) providing emergency medical care;
(D) ability to detect the presence of improvised explosive devices;
(E) minimal firearms familiarization; and
(F) defensive driving maneuvers.
(c) Effective date
The requirements of this section shall take effect upon December 16, 2016.
(d) Definitions
In this section and section 4867 of this title:
(1) Complex attack
The term “complex attack” has the meaning given such term by the North Atlantic Treaty Organization, as follows: “An attack conducted by multiple hostile elements which employ at least two distinct classes of weapon systems (i.e., indirect fire and direct fire, improvised explosive devices, and surface to air fire).”.
(2) High risk, high threat post
The term “high risk, high threat post” has the meaning given such term in section 4803 of this title.
(Pub. L. 99–399, title IV, § 416, as added Pub. L. 114–323, title I, § 121(a), Dec. 16, 2016, 130 Stat. 1913.)
22 U.S.C. § 4867 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4867. Security management training for officials assigned to a high risk, high threat post
(a) In general
Officials described in subsection (c) who are assigned to a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to improve the ability of such officials to make security-related management decisions.
(b) Security training described
Security training referred to in subsection (a) may include—
(1) development of skills to better evaluate threats;
(2) effective use of security resources to mitigate such threats; and
(3) improved familiarity of available security resources.
(c) Officials described
Officials referred to in subsection (a) are the following:
(1) Members of the Senior Foreign Service appointed under section 3942(a)(1) or 3943 of this title or members of the Senior Executive Service (as such term is described in section 3132(a)(2) of title 5).
(2) Foreign Service officers appointed under section 3942(a)(1) of this title holding a position in classes FS–1 or FS–2.
(3) Foreign Service Specialists appointed by the Secretary under section 3943 of this title holding a position in classes FS–1 or FS–2.
(4) Individuals holding a position in grades GS–14 or GS–15.
(5) Personal services contractors and other contractors serving in positions or capacities similar to the officials described in paragraphs (1) through (4).
(d) Effective date
The requirements of this section shall take effect beginning on the date that is 1 year after December 16, 2016.
(Pub. L. 99–399, title IV, § 417, as added Pub. L. 114–323, title I, § 121(a), Dec. 16, 2016, 130 Stat. 1913.)
22 U.S.C. § 4868 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4868. Assignment of personnel at high risk, high threat posts
The Secretary to the extent practicable shall station key personnel for sustained periods of time at high risk, high threat posts (as such term is defined in section 4803 of this title) in order to—
(1) establish institutional knowledge and situational awareness that would allow for a fuller familiarization of the local political and security environment in which such posts are located; and
(2) ensure that necessary security procedures are implemented.
(Pub. L. 114–323, title I, § 117, Dec. 16, 2016, 130 Stat. 1912.)
heading: References in Text
text: Section 4803 of this title, referred to in text, was in the original “section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as added by section 401 of this Act” and was translated as reading “section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as added by section 101(a) of this Act”, meaning section 104 of Pub. L. 99–399, as added by section 101(a) of Pub. L. 114–323, which is classified to section 4803 of this title.
heading: Codification
text: Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of the Diplomatic Security Act which comprises this chapter.
heading: Definitions
text: For definition of “Secretary” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
25 U.S.C. § 5633 (INDIANS)
§ 5633. Under Secretary for Indian Affairs
(a) Establishment of position
Notwithstanding any other provision of law, the Secretary may establish in the Department the position of Under Secretary for Indian Affairs, who shall report directly to the Secretary.
(b) Appointment
(1) In general
Except as provided in paragraph (2), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Exception
The individual serving as the Assistant Secretary for Indian Affairs on June 22, 2016, may assume the position of Under Secretary without appointment under paragraph (1), if—
(A) that individual was appointed as Assistant Secretary for Indian Affairs by the President, by and with the advice and consent of the Senate; and
(B) not later than 180 days after June 22, 2016, the Secretary approves the assumption.
(c) Duties
In addition to any other duties directed by the Secretary, the Under Secretary shall—
(1) coordinate with the Special Trustee for American Indians to ensure an orderly transition of the functions of the Special Trustee to one or more appropriate agencies, offices, or bureaus within the Department, as determined by the Secretary;
(2) to the maximum extent practicable, supervise and coordinate activities and policies of the BIA with activities and policies of—
(A) the Bureau of Reclamation;
(B) the Bureau of Land Management;
(C) the Office of Natural Resources Revenue;
(D) the National Park Service; and
(E) the United States Fish and Wildlife Service; and
(3) provide for regular consultation with Indians and Indian tribes that own interests in trust resources and trust fund accounts.
(d) Personnel provisions
(1) Appointments
The Under Secretary may appoint and fix the compensation of such officers and employees as the Under Secretary determines to be necessary to carry out any function transferred under this section.
(2) Requirements
Except as otherwise provided by law—
(A) any officer or employee described in paragraph (1) shall be appointed in accordance with the civil service laws;
(B) the compensation of such an officer or employee shall be fixed in accordance with title 5; and
(C) in appointing or otherwise hiring any employee, the Under Secretary shall give preference to Indians in accordance with section 5116 of this title.
(Pub. L. 114–178, title III, § 303, June 22, 2016, 130 Stat. 440.)
33 U.S.C. § 59c–3 (NAVIGATION AND NAVIGABLE WATERS)
§ 59c–3. Queens County, New York
(a) Description of nonnavigable area
Subject to subsections (b) and (c), the area of Long Island City, Queens County, New York, that—
(1) is not submerged;
(2) as of October 12, 1996, lies between the southerly high water line of Anable Basin (also known as the “11th Street Basin”) and the northerly high water line of Newtown Creek; and
(3) extends from the high water line (as of October 12, 1996) of the East River to the original high water line of the East River;
is declared to be nonnavigable waters of the United States.
(b) Requirement that area be improved
(1) In general
The declaration of nonnavigability under subsection (a) shall apply only to those portions of the area described in subsection (a) that are, or will be, bulkheaded, filled, or otherwise occupied by permanent structures or other permanent physical improvements (including parkland).
(2) Applicability of Federal law
Improvements described in paragraph (1) shall be subject to applicable Federal laws, including—
(A) sections 401 and 403 of this title;
(B) section 1344 of this title;
(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Expiration date
The declaration of nonnavigability under subsection (a) shall expire with respect to a portion of the area described in subsection (a), if the portion—
(1) is not bulkheaded, filled, or otherwise occupied by a permanent structure or other permanent physical improvement (including parkland) in accordance with subsection (b) by the date that is 20 years after October 12, 1996; or
(2) requires an improvement described in subsection (b)(2) that is subject to a permit under an applicable Federal law, and the improvement is not commenced by the date that is 5 years after the date of issuance of the permit.
(Pub. L. 104–303, title V, § 556, Oct. 12, 1996, 110 Stat. 3782.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
33 U.S.C. § 59k (NAVIGATION AND NAVIGABLE WATERS)
§ 59k. Wicomico River, Maryland
(a) If the Secretary of the Army acting through the Chief of Engineers, finds that the proposed project in Salisbury, Maryland, to be undertaken at the locations to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structures, in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], then those portions of the South Prong of the Wicomico River in Wicomico County, State of Maryland, bounded and described as follows, are declared to be not a navigable water of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given, consistent with subsection (b) of this section, to the filling in of a part thereof or the erection of permanent pile-supported structures thereon: That portion of the South Prong of the Wicomico River in Salisbury, Maryland, bounded on the east by the west side of United States Route 13; on the west by the west side of the Mill Street Bridge; on the south by a line five feet landward from the present water’s edge at high tide extending the entire length of the South Prong from the east boundary at United States Route 13 to the west boundary at the Mill Street Bridge; and on the north by a line five feet landward from the present water’s edge at high tide extending the entire length of the South Prong from the east boundary at United States Route 13 to the west boundary at the Mill Street Bridge.
(b) This declaration shall apply only to the portions of the areas described in subsection (a) which are bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Such bulkheaded and filled areas or areas occupied by permanent pile-supported structures shall not reduce the existing width of the Wicomico River to less than sixty feet and a minimum depth of five feet shall be maintained within such sixty-foot width of the Wicomico River. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section.
(Pub. L. 93–251, title I, § 97, Mar. 7, 1974, 88 Stat. 40.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
33 U.S.C. § 59v (NAVIGATION AND NAVIGABLE WATERS)
§ 59v. Middle River, Maryland
(a) Description
That portion of the waterway in which is located Dark Head Creek in the community of Middle River, Baltimore County, Maryland, lying northwest of a line extending south 68 degrees 37 minutes 56 seconds west from a point (227.50 feet from the northeast corner of the existing bulkhead and pier line) whose coordinates in the Maryland State Coordinate System are north 544967.24 and east 962701.05 (latitude north 39 degrees 19 minutes 42 seconds and longitude west 76 degrees 25 minutes 29.5 seconds) and thence south 44 degrees 48 minutes 20 seconds west, 350.12 feet to a point (at the southwest corner of the existing bulkhead and pier line) whose coordinates in the Maryland State Coordinate System are north 544635.94 and east 962242.46 (latitude north 39 degrees 19 minutes 39 seconds and longitude west 76 degrees 25 minutes 35.4 seconds), is declared to be a nonnavigable water of the United States for purposes of the navigation servitude.
(b) Pierhead and bulkhead line of Dark Head Creek
The line described in subsection (a) shall be established as a combined pierhead and bulkhead line of Dark Head Creek.
(c) Previously authorized projects
Any project heretofore authorized by any Act of Congress, insofar as such project is within the boundaries of Dark Head Creek as described in subsection (a), is not authorized after November 17, 1986.
(d) Reservation of rights
The right to alter, amend, or repeal this section is hereby expressly reserved.
(Pub. L. 99–662, title XI, § 1160, Nov. 17, 1986, 100 Stat. 4257.)
33 U.S.C. § 59x (NAVIGATION AND NAVIGABLE WATERS)
§ 59x. Exemption from General Bridge Act of 1946
(a) Waters declared nonnavigable
The waters described in subsection (b) are declared to be nonnavigable waters of the United States for purposes of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.).
(b) Waters described
The waters referred to in subsection (a) are a drainage canal which—
(1) is an unnamed tributary of the creek known as Newton Creek, located at block 641 (formerly designated as block 860) in the city of Camden, New Jersey;
(2) originates at the north bank of Newton Creek approximately 1,200 feet east of the confluence of Newton Creek and the Delaware River; and
(3) terminates at drainage culverts on the west side of Interstate Highway 676.
(Pub. L. 100–448, § 16, Sept. 28, 1988, 102 Stat. 1845; Pub. L. 100–457, title III, § 325, Sept. 30, 1988, 102 Stat. 2150.)
heading: References in Text
text: The General Bridge Act of 1946, referred to in subsec. (a), is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is classified generally to subchapter III (§ 525 et seq.) of chapter 11 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables.
heading: Codification
text: Pub. L. 100–448 and Pub. L. 100–457 enacted identical sections.
33 U.S.C. § 59bb (NAVIGATION AND NAVIGABLE WATERS)
§ 59bb. Declaration of nonnavigability for portions of Lake Erie
(a) Area to be declared nonnavigable; public interest
Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries of Lake Erie described in Committee Print 101–48 of the Committee on Public Works and Transportation of the House of Representatives, dated July 1990, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of Lake Erie, bounded and described in such Committee print, are declared to be nonnavigable waters of the United States.
(b) Limits on applicability; regulatory requirements
The declaration under subsection (a) shall apply only to those parts of the areas described in the Committee print referred to in subsection (a) which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations including, but not limited to, sections 401 and 403 of this title, section 1344 of this title, and the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].
(c) Expiration date
If, 20 years from November 28, 1990, any area or part thereof described in the Committee print referred to in subsection (a) is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in subsection (b), or if work in connection with any activity permitting 1 in subsection (b) is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire.
(Pub. L. 101–640, title IV, § 408, Nov. 28, 1990, 104 Stat. 4647.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
heading: Change of Name
text: Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 59bb–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 59bb–1. Declaration of nonnavigability for Lake Erie, New York
(a) Area to be declared nonnavigable; public interest
Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries in the portion of Erie County, New York, described in subsection (b), are not in the public interest then, subject to subsection (c), those portions of such county that were once part of Lake Erie and are now filled are declared to be nonnavigable waters of the United States.
(b) Boundaries
The portion of Erie County, New York, referred to in subsection (a) is all that tract or parcel of land, situated in the town of Hamburg and the city of Lackawanna, Erie County, New York, being part of Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of the Ogden Gore Tract and part of Lots 23, 24, and 36 of the Buffalo Creek Reservation, Township 10, Range 8 of the Holland Land Company’s Survey and more particularly bounded and described as follows:
[Omitted.]
(c) Limits on applicability; regulatory requirements
The declaration under subsection (a) shall apply to those parts of the areas described in subsection (b) that are filled portions of Lake Erie. Any work on these filled portions shall be subject to all applicable Federal statutes and regulations, including sections 401 and 403 of this title, section 1344 of this title, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Expiration date
If, 20 years from December 11, 2000, any area or part thereof described in subsection (a) is not occupied by permanent structures in accordance with the requirements set out in subsection (c), or if work in connection with any activity permitted in subsection (c) is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire.
(Pub. L. 106–541, title III, § 346, Dec. 11, 2000, 114 Stat. 2614.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
heading: Codification
text: The provisions of subsec. (b) of this section, which contain the text of the boundary descriptions, have been omitted. Such provisions appear at 114 Stat. 2614 to 2618.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–541, set out as a note under section 2201 of this title.