dreamproit/uscode huggingface dataset:
16 U.S.C. § 5602 (CONSERVATION)
§ 5602. Requests for scientific advice
(a) Restriction
A Representative may not make a request or specification described in paragraph (1) or (2) of subsection (b), respectively, unless the Representative has first—
(1) consulted with the appropriate Regional Fishery Management Councils; and
(2) received the consent of the Commissioners for that action.
(b) Requests and terms of reference described
The requests and specifications referred to in subsection (a) are, respectively—
(1) any request, under Article VII(10)(b) of the Convention, that the Scientific Council consider and report on a question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and
(2) any specification, under Article VII(11) of the Convention, of the terms of reference for the consideration of a question referred to the Scientific Council pursuant to Article VII(10)(b) of the Convention.
(Pub. L. 104–43, title II, § 203, Nov. 3, 1995, 109 Stat. 378; Pub. L. 114–327, title V, § 503, Dec. 16, 2016, 130 Stat. 1995.)
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–327, § 503(1), in introductory provisions, substituted “A Representative may” for “The Representatives may”, “described in paragraph (1) or (2) of subsection (b)” for “described in subsection (b)(1) or (2), and “the Representative has” for “the Representatives have”.
Subsec. (b)(1). Pub. L. 114–327, § 503(2), substituted “VII(10)(b)” for “VII(1)”.
Subsec. (b)(2). Pub. L. 114–327, § 503(2),(3), substituted “VII(11)” for “VIII(2)” and “VII(10)(b)” for “VII(1)”.
16 U.S.C. § 5603 (CONSERVATION)
§ 5603. Authorities of Secretary of State with respect to Convention
The Secretary of State may, on behalf of the Government of the United States—
(1) receive and transmit reports, requests, recommendations, proposals, and other communications of and to the Organization and its subsidiary organs;
(2) object, or withdraw an objection, to the proposal of the Commission consistent with the procedures detailed in Articles XIV and XV of the Convention;
(3) give or withdraw notice of intent not to be bound by a measure of the Commission consistent with the procedures detailed in Articles XIV and XV of the Convention;
(4) object or withdraw an objection to an amendment to the Convention; and
(5) act upon, or refer to any other appropriate authority, any other communication referred to in paragraph (1).
(Pub. L. 104–43, title II, § 204, Nov. 3, 1995, 109 Stat. 379; Pub. L. 114–327, title V, § 504, Dec. 16, 2016, 130 Stat. 1996.)
heading: Amendments
text: 2016—Pars. (2), (3). Pub. L. 114–327 substituted “Commission consistent with the procedures detailed in Articles XIV and XV of the Convention” for “Fisheries Commission”.
16 U.S.C. § 5604 (CONSERVATION)
§ 5604. Interagency cooperation
(a) Authorities of the Secretary
In carrying out the provisions of the Convention and this chapter, the Secretary may arrange for cooperation with—
(1) any department, agency, or instrumentality of the United States;
(2) a State;
(3) a Council; or
(4) a private institution or an organization.
(b) Other agencies
The head of any Federal agency may—
(1) cooperate in the conduct of scientific and other programs, and furnish facilities and personnel, for the purposes of assisting the Organization in carrying out its duties under the Convention; and
(2) accept reimbursement from the Organization for providing such services, facilities, and personnel.
(Pub. L. 104–43, title II, § 205, Nov. 3, 1995, 109 Stat. 379; Pub. L. 114–327, title V, § 505, Dec. 16, 2016, 130 Stat. 1996.)
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–327 amended subsec. (a) generally. Prior to amendment, text read as follows: “In carrying out the provisions of the Convention and this chapter, the Secretary may arrange for cooperation with other agencies of the United States, the States, the New England and the Mid-Atlantic Fishery Management Councils, and private institutions and organizations.”
16 U.S.C. § 5606 (CONSERVATION)
§ 5606. Prohibited acts and enforcement
(a) Prohibition
It is unlawful for any person or vessel that is subject to the jurisdiction of the United States—
(1) to violate any regulation issued under this chapter or any measure that is legally binding on the United States under the Convention;
(2) to refuse to permit any authorized enforcement officer to board a fishing vessel that is subject to the person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this chapter, any regulation issued under this chapter, or any measure that is legally binding on the United States under the Convention;
(3) forcibly to assault, resist, oppose, impede, intimidate, or interfere with any authorized enforcement officer in the conduct of any search, investigation, or inspection described in paragraph (2);
(4) to resist a lawful arrest for any act prohibited by this section;
(5) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fishery resources taken or retained in violation of this section; or
(6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other person has committed an act prohibited by this section.
(b) Additional prohibitions and enforcement
For additional prohibitions relating to this chapter and enforcement of this chapter, see section 1826g of this title.
(Pub. L. 104–43, title II, § 207, Nov. 3, 1995, 109 Stat. 379; Pub. L. 105–384, title II, § 201(b)(1), Nov. 13, 1998, 112 Stat. 3451; Pub. L. 114–81, title I, § 111, Nov. 5, 2015, 129 Stat. 659; Pub. L. 114–327, title V, § 506, Dec. 16, 2016, 130 Stat. 1996.)
heading: Amendments
text: 2016—Subsec. (a)(5). Pub. L. 114–327 substituted “fishery resources” for “fish”.
2015—Pub. L. 114–81, § 111(1), in section catchline, substituted “and enforcement” for “and penalties”.
Subsec. (a)(2), (3). Pub. L. 114–81, § 111(2), (3), inserted “, investigation,” before “or inspection”.
Subsecs. (b) to (f). Pub. L. 114–81, § 111(4), added subsec. (b) and struck out former subsecs. (b) to (f), which related to civil penalty, criminal penalty, civil forfeitures, enforcement, and jurisdiction of courts.
1998—Subsec. (e). Pub. L. 105–384 substituted “section” for “sections”.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
16 U.S.C. § 5607 (CONSERVATION)
§ 5607. Consultative committee
(a) Establishment
The Secretary of State and the Secretary, shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention.
(b) Membership
(1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean.
(2) Terms and Reappointment.—
Each member of the consultative committee shall serve for a term of 2 years and shall be eligible for reappointment.
(c) Duties of committee
Members of the consultative committee may attend—
(1) all public meetings of the Commission;
(2) any other meetings to which they are invited by the Commission; and
(3) all nonexecutive meetings of the United States Commissioners.
(d) Relationship to other law
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the consultative committee established under this section.
(Pub. L. 104–43, title II, § 208, Nov. 3, 1995, 109 Stat. 380; Pub. L. 114–327, title V, § 507, Dec. 16, 2016, 130 Stat. 1996.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (d), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 2016—Subsec. (b)(2). Pub. L. 114–327, § 507(1), substituted “2” for “two”.
Subsec. (c)(1), (2). Pub. L. 114–327, § 507(2), struck out “General Council or the Fisheries” before “Commission;”.
16 U.S.C. § 5610 (CONSERVATION)
§ 5610. Authorization of appropriations
There are authorized to be appropriated to carry out this chapter, including to pay the United States contribution to the Organization as provided in Article IX of the Convention, $500,000 for each fiscal year through fiscal year 2021.
(Pub. L. 104–43, title II, § 211, Nov. 3, 1995, 109 Stat. 382; Pub. L. 105–384, title II, § 201(a), Nov. 13, 1998, 112 Stat. 3451; Pub. L. 107–372, title III, § 305, Dec. 19, 2002, 116 Stat. 3096; Pub. L. 109–479, title III, § 302(i), Jan. 12, 2007, 120 Stat. 3625; Pub. L. 114–327, title V, § 509, Dec. 16, 2016, 130 Stat. 1998.)
heading: Amendments
text: 2016—Pub. L. 114–327 substituted “including to pay the United States contribution to the Organization as provided in Article IX of the Convention” for “including use for payment as the United States contribution to the Organization as provided in Article XVI of the Convention” and “2021” for “2012”.
2007—Pub. L. 109–479 substituted “2012” for “2006”.
2002—Pub. L. 107–372 substituted “2006” for “2001”.
1998—Pub. L. 105–384 substituted “for each fiscal year through fiscal year 2001” for “for each of the fiscal years 1995, 1996, 1997, and 1998”.
16 U.S.C. § 6909a (CONSERVATION)
§ 6909a. United States conservation, management, and enforcement objectives
The Secretary, in consultation with the Secretary of State, in the course of negotiations, shall seek—
(1) to minimize any disadvantage to United States fishermen in relation to other members of the Commission;
(2) to maximize the opportunities for fishing vessels of the United States to harvest fish stocks on the high seas in the Convention area, recognizing that such harvests may be restricted if the Commission, based on the best available scientific information provided by the Scientific Committee, determines it is necessary to achieve the conservation objective set forth in Article 2 of the Convention;
(3) to prevent any requirement for the transfer to other nations or foreign entities of the fishing capacity, fishing capacity rights, or fishing vessels of the United States or its territories, unless any such requirement is voluntary and market-based; and
(4) to ensure that conservation and management measures take into consideration traditional fishing patterns of fishing vessels of the United States and the operating requirements of the fisheries covered by the Western and Central Pacific Convention.
(Pub. L. 109–479, title V, § 511, as added Pub. L. 114–327, title III, § 301(a)(2), Dec. 16, 2016, 130 Stat. 1994.)
heading: Prior Provisions
text: A prior section 511 of Pub. L. 109–479 was renumbered section 512 and is classified to section 6910 of this title.
16 U.S.C. § 7805 (CONSERVATION)
§ 7805. Enforcement
(a) Responsibility
This chapter, and any regulations or permits issued under this chapter, shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries shall, and the head of any Federal or State agency that has entered into an agreement with either such Secretary under this section may (if the agreement so provides), authorize officers to enforce this chapter or any regulation promulgated under this chapter. Any officer so authorized may enforce this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861) were incorporated into and made a part of this chapter.
(b) Administration and enforcement
The Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of this chapter. Any person that violates this chapter shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same manner and by the same means as though sections 308 through 311 of that Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of this chapter.
(c) District court jurisdiction
(1) In general
The district courts of the United States shall have jurisdiction over any actions arising under this section.
(2) Hawaii and Pacific insular areas
Notwithstanding subsection (b), for the purpose of this section, for Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that—
(A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and
(B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands.
(3) Construction
Each violation shall be a separate offense and the offense is deemed to have been committed not only in the district where the violation first occurred, but also in any other district as authorized by law. Any offenses not committed in any district are subject to the venue provisions of section 3238 of title 18.
(Pub. L. 114–327, title II, § 205, Dec. 16, 2016, 130 Stat. 1990.)
heading: References in Text
text: The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
22 U.S.C. § 276c–4 (FOREIGN RELATIONS AND INTERCOURSE)
§ 276c–4. Employment of United States citizens by certain international organizations
Not later than 180 days after December 16, 2016, and annually thereafter for 3 years, the Secretary of State shall submit to Congress a report that provides—
(1) for each international organization that had a geographic distribution formula in effect on January 1, 1991, an assessment of whether that organization—
(A) is taking good faith steps to increase the staffing of United States citizens, including, as appropriate, as assessment of any additional steps the organization could be taking to increase such staffing; and
(B) has met the requirements of its geographic distribution formula; and
(2) an assessment of United States representation among professional and senior-level positions at the United Nations, including—
(A) an assessment of the proportion of United States citizens employed at the United Nations Secretariat and at all United Nations specialized agencies, funds, and programs relative to the total employment at the United Nations Secretariat and at all such agencies, funds, and programs;
(B) an assessment of compliance by the United Nations Secretariat and such agencies, funds, and programs with any applicable geographic distribution formula; and
(C) a description of any steps taken or planned to be taken by the United States to increase the staffing of United States citizens at the United Nations Secretariat and such agencies, funds and programs.
(Pub. L. 102–138, title I, § 181, Oct. 28, 1991, 105 Stat. 682; Pub. L. 114–323, title III, § 308, Dec. 16, 2016, 130 Stat. 1923.)
heading: Amendments
text: 2016—Pub. L. 114–323 amended section generally. Prior to amendment, text read as follows: “Not less than 180 days after October 28, 1991, and each year thereafter, the Secretary of State shall submit a report to the Congress concerning each international organization which had a geographic distribution formula in effect on January 1, 1991, of whether each such organization—
“(1) is taking good faith steps to increase the staffing of United States citizens; and
“(2) has met its geographic distribution formula.”
22 U.S.C. § 287b–1 (FOREIGN RELATIONS AND INTERCOURSE)
§ 287b–1. Additional report on other United States contributions to the United Nations
(a) In general
Not later than 90 days after December 16, 2016, and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress a report on all assessed and voluntary contributions with a value greater than $100,000, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year.
(b) Content
The report required under subsection (a) shall include the following elements:
(1) The total amount of all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year.
(2) The approximate percentage of United States Government contributions to each United Nations affiliated agency or body in such fiscal year when compared with all contributions to each such agency or body from any source in such fiscal year.
(3) For each such United States Government contribution—
(A) the amount of each such contribution;
(B) a description of each such contribution (including whether assessed or voluntary);
(C) the department or agency of the United States Government responsible for each such contribution;
(D) the purpose of each such contribution; and
(E) the United Nations or its affiliated agency or related body receiving the contribution.
(c) Scope of initial report
The first report required under subsection (a) shall include the information required under this section for the previous 3 fiscal years.
(d) Public availability of information
Not later than 14 days after submitting a report required under subsection (a), the Director of the Office of Management and Budget shall post a public version of such report on a text-based, searchable, and publicly available Internet Web site.
(Pub. L. 114–323, title III, § 312, Dec. 16, 2016, 130 Stat. 1925.)
heading: Codification
text: Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of act Dec. 20, 1945, ch. 583, 59 Stat. 619, known as the United Nations Participation Act of 1945, which comprises this subchapter.
22 U.S.C. § 303 (FOREIGN RELATIONS AND INTERCOURSE)
§ 303. Repealed. Pub. L. 114–323, title VII, § 715(a)(1), Dec. 16, 2016, 130 Stat. 1946
text: Section, act May 7, 1926, ch. 250, § 12, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2215, Oct. 21, 1998, 112 Stat. 2681–814, required Secretary of State to submit annual report on overseas surplus properties.
22 U.S.C. § 304 (FOREIGN RELATIONS AND INTERCOURSE)
§ 304. Annual report on embassy construction costs
(a) In general
Not later than 180 days after December 16, 2016, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a comprehensive report regarding all ongoing embassy construction projects and major embassy security upgrade projects.
(b) Contents
Each report required under subsection (a) shall include the following with respect to each ongoing embassy construction projects and major embassy security upgrade projects:
(1) The initial cost estimate.
(2) The amount expended on the project to date.
(3) The projected timeline for completing the project.
(4) Any cost overruns incurred by the project.
(c) Initial report
The first report required under subsection (a) shall include an annex regarding all embassy construction projects and major embassy security upgrade projects completed during the 10-year period ending on December 16, 2016, including, for each such project, the following:
(1) The initial cost estimate.
(2) The amount actually expended on the project.
(3) Any additional time required to complete the project beyond the initial timeline.
(4) Any cost overruns incurred by the project.
(Pub. L. 114–323, title I, § 118, Dec. 16, 2016, 130 Stat. 1912.)
heading: Codification
text: Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
heading: Definitions
text: For definitions of “Secretary” and “appropriate congressional committees” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
22 U.S.C. § 2679d (FOREIGN RELATIONS AND INTERCOURSE)
§ 2679d. Exemption from certain procurement protest procedures for noncompetitive contracting in emergency circumstances
A determination by the Department to use procedures other than competitive procedures under section 3304 of title 41 in order to meet emergency security requirements, as determined by the Secretary or the Secretary’s designee, including physical security upgrades, protective equipment, and other immediate threat mitigation projects, shall not be subject to challenge by protest under either subchapter V of chapter 35 of title 31 or section 1491 of title 28.
(Pub. L. 114–323, title I, § 115, Dec. 16, 2016, 130 Stat. 1911.)
heading: Definitions
text: For definitions of “Department” and “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.