dreamproit/uscode huggingface dataset:
33 U.S.C. § 2605 (NAVIGATION AND NAVIGABLE WATERS)
§ 2605. Enforcement
(a) General authority
The Secretary of Transportation shall enforce this chapter under section 89 1 of title 14. The Secretary may authorize other officers or employees of the United States Government to enforce this chapter under that section.
(b) Periodic examinations
The Secretary shall conduct periodic examinations of vessels operating under this chapter transporting municipal or commercial waste to determine that each of these vessels has a permit issued under section 2602 of this title.
(c) Refusal of clearance
The Secretary of the Treasury may refuse the clearance required by section 60105 of title 46, to any vessel subject to this chapter which does not have a permit required under section 2602 of this title.
(d) Denial of entry and detention
If a vessel does not comply with this chapter, the Secretary of Transportation may—
(1) deny entry to any place in the United States; and
(2) detain at the place in the United States from which it is about to depart.
(e) Persistent violators
The Administrator shall conduct an investigation of the owner or operator of a vessel or facility if the owner has 5 or more separate violations during a 6-month period.
(Pub. L. 100–688, title IV, § 4105, Nov. 18, 1988, 102 Stat. 4157.)
heading: References in Text
text: Section 89 of title 14, referred to in subsec. (a), was redesignated section 522 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and reference to section 89 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
heading: Codification
text: In subsec. (c), “section 60105 of title 46” substituted for “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.
33 U.S.C. § 3902 (NAVIGATION AND NAVIGABLE WATERS)
§ 3902. Authority to provide assistance
(a) In general
The Secretary and the Administrator may provide financial assistance under this chapter to carry out projects, which shall be selected to ensure a diversity of project types and geographical locations.
(b) Responsibility
(1) Secretary
The Secretary shall provide financial assistance to carry out all projects under this chapter that are eligible projects under section 3905(1) of this title.
(2) Administrator
The Administrator shall provide financial assistance to carry out all projects under this chapter that are eligible projects under paragraphs (2), (3), (4), (5), (6), (7), and (9) of section 3905 of this title.
(3) Other projects
The Secretary or the Administrator, as applicable, may carry out eligible projects under paragraph (8) or (10) of section 3905 of this title.
(Pub. L. 113–121, title V, § 5023, June 10, 2014, 128 Stat. 1333; Pub. L. 114–322, title IV, § 5008(a), (b)(2)(A), Dec. 16, 2016, 130 Stat. 1896, 1897; Pub. L. 115–270, title IV, § 4201(a)(1), Oct. 23, 2018, 132 Stat. 3877.)
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–270, § 4201(a)(1)(A), struck out “pilot” before “projects”.
Subsec. (b)(1). Pub. L. 115–270, § 4201(a)(1), substituted “provide financial assistance to carry out all projects” for “carry out all pilot projects”.
Subsec. (b)(2). Pub. L. 115–270, § 4201(a)(1)(A), struck out “pilot” after “all”.
2016—Subsec. (b)(2). Pub. L. 114–322, § 5008(b)(2)(A)(i), substituted “(7), and (9)” for “and (8)”.
Pub. L. 114–322, § 5008(a), substituted “provide financial assistance to carry out” for “carry out”.
Subsec. (b)(3). Pub. L. 114–322, § 5008(b)(2)(A)(ii), substituted “paragraph (8) or (10)” for “paragraph (7) or (9)”.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 4001a (NAVIGATION AND NAVIGABLE WATERS)
§ 4001a. Consultation required
In developing the assessments, reports, and plans under the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, the Task Force shall consult with the coastal States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and nongovernmental organizations with expertise in coastal zone science and management.
(Pub. L. 108–456, title I, § 102 (part), Dec. 10, 2004, 118 Stat. 3630; Pub. L. 115–423, § 9(f), Jan. 7, 2019, 132 Stat. 5463.)
heading: References in Text
text: The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, referred to in text, is title VI of Pub. L. 105–383, Nov. 13, 1998, 112 Stat. 3447, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note under section 4001 of this title and Tables.
heading: Codification
text: Section is comprised of part of section 102 of Pub. L. 108–456. Remainder of section 102 amended section 4001 of this title.
Section was enacted as part of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, and not as part of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 which comprises this chapter.
Section was formerly set out as a note under section 1451 of Title 16, Conservation.
heading: Amendments
text: 2019—Pub. L. 115–423 substituted “the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998” for “the amendments made by this title”.
41 U.S.C. § 102 (PUBLIC CONTRACTS)
§ 102. Commercial component
In this subtitle, the term “commercial component” means a component that is a commercial item.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3678; Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(A), Aug. 13, 2018, 132 Stat. 1860.)
heading: Amendment of Section
text: Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(A), (h), Aug. 13, 2018, 132 Stat. 1860, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, this section is amended by striking “commercial item” and inserting “commercial product”. See 2018 Amendment note below.
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
102
41:259(c)(13).
June 30, 1949, ch. 288, title III, § 309(c)(13), as added Pub. L. 98–369, title VII, § 2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, § 504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, § 1551, Oct. 13, 1994, 108 Stat. 3299.
41:264a (“commercial component”).
June 30, 1949, ch. 288, title III, § 314A (“commercial component”), as added Pub. L. 103–355, title VIII, § 8202, Oct. 13, 1994, 108 Stat. 3394.
41:403(15).
Pub. L. 93–400, § 4(15), as added Pub. L. 103–355, title VIII, § 8001(a), Oct. 13, 1994, 108 Stat. 3386.
heading: Amendments
text: 2018—Pub. L. 115–232 substituted “commercial product” for “commercial item”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 104 (PUBLIC CONTRACTS)
§ 104. Commercially available off-the-shelf item
In this subtitle, the term “commercially available off-the-shelf item”—
(1) means an item that—
(A) is a commercial item (as described in section 103(1) of this title);
(B) is sold in substantial quantities in the commercial marketplace; and
(C) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace; but
(2) does not include bulk cargo, as defined in section 40102(4) of title 46, such as agricultural products and petroleum products.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3679; Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(B), Aug. 13, 2018, 132 Stat. 1860.)
heading: Amendment of Paragraph (1)(A)
text: Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(B), (h), Aug. 13, 2018, 132 Stat. 1860, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, paragraph (1)(A) of this section is amended by striking “commercial item” and inserting “commercial product”. See 2018 Amendment note below.
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
104
41:431(c).
Pub. L. 93–400, § 35(c), as added Pub. L. 104–106, title XLII, § 4203(a), Feb. 10, 1996, 110 Stat. 655.
In paragraph (2), the words “section 40102(4) of title 46” are substituted for “section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)” because of section 18(c) of Public Law 109–304 (46 U.S.C. note prec. 101).
heading: Amendments
text: 2018—Par. (1)(A). Pub. L. 115–232, which directed substitution of “commercial product” for “commercial item” in section 104(1)(A), without specifying the Code title to be amended, was executed by making the substitution in par. (1)(A) of this section, to reflect the probable intent of Congress.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 110 (PUBLIC CONTRACTS)
§ 110. Nondevelopmental item
In this subtitle, the term “nondevelopmental item” means—
(1) a commercial item;
(2) a previously developed item of supply that is in use by a department or agency of the Federal Government, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement;
(3) an item of supply described in paragraph (1) or (2) that requires only minor modification or modification of the type customarily available in the commercial marketplace to meet the requirements of the procuring department or agency; or
(4) an item of supply currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item is not yet in use.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3680; Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(C), Aug. 13, 2018, 132 Stat. 1860.)
heading: Amendment of Paragraph (1)
text: Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(C), (h), Aug. 13, 2018, 132 Stat. 1860, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, paragraph (1) of this section is amended by striking “commercial item” and inserting “commercial product”. See 2018 Amendment note below.
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
110
41:259(c)(12).
June 30, 1949, ch. 288, title III, § 309(c)(12), as added Pub. L. 98–369, title VII, § 2711(a)(3), July 18, 1984, 98 Stat. 1180; Pub. L. 98–577, title V, § 504(a)(4), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 103–355, title I, § 1551, Oct. 13, 1994, 108 Stat. 3299.
41:264a (“nondevelopmental item”).
June 30, 1949, ch. 288, title III, § 314A (“nondevelopmental item”), as added Pub. L. 103–355, title VIII, § 8202, Oct. 13, 1994, 108 Stat. 3394.
41:403(13).
Pub. L. 93–400, § 4(13), as added Pub. L. 103–355, title VIII, § 8001(a), Oct. 13, 1994, 108 Stat. 3385.
heading: Amendments
text: 2018—Par. (1). Pub. L. 115–232 substituted “commercial product” for “commercial item”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 3505 (PUBLIC CONTRACTS)
§ 3505. Submission of other information
(a) Authority To Require Submission.—
When certified cost or pricing data are not required to be submitted under this chapter for a contract, subcontract, or modification of a contract or subcontract, the contracting officer shall require submission of data other than certified cost or pricing data to the extent necessary to determine the reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract. Except in the case of a contract or subcontract covered by the exceptions in section 3503(a)(1) of this title, the contracting officer shall require that the data submitted include, at a minimum, appropriate information on the prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price for the procurement.
(b) Limitations on Authority.—
The Federal Acquisition Regulation shall include the following provisions regarding the types of information that contracting officers may require under subsection (a):
(1) Reasonable limitations.—
Reasonable limitations on requests for sales data relating to commercial items.
(2) Limitation on scope of request.—
A requirement that a contracting officer limit, to the maximum extent practicable, the scope of any request for information relating to commercial items from an offeror to only that information that is in the form regularly maintained by the offeror in commercial operations.
(3) Information not to be disclosed.—
A statement that any information received relating to commercial items that is exempt from disclosure under section 552(b) of title 5 shall not be disclosed by the Federal Government.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3767; Pub. L. 115–232, div. A, title VIII, § 836(b)(13), Aug. 13, 2018, 132 Stat. 1863.)
heading: Amendment of Subsection (b)
text: Pub. L. 115–232, div. A, title VIII, § 836(b)(13), (h), Aug. 13, 2018, 132 Stat. 1863, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, subsection (b) of this section is amended by striking “commercial items” each place it appears and inserting “commercial products or commercial services”. See 2018 Amendment note below.
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3505
41:254b(d).
June 30, 1949, ch. 288, title III, § 304A(d), as added Pub. L. 103–355, title I, § 1251(a)(2), Oct. 13, 1994, 108 Stat. 3281; Pub. L. 104–106, title XLII, §§ 4201(b)(1), 4321(e)(4), Feb. 10, 1996, 110 Stat. 652, 675; Pub. L. 105–261, div. A, title VIII, § 808(b), Oct. 17, 1998, 112 Stat. 2085.
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items” wherever appearing.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 3509 (PUBLIC CONTRACTS)
§ 3509. Notification of violations of Federal criminal law or overpayments
(a) Definition.—
In this section, the term “covered contract” means any contract in an amount greater than $5,000,000 and more than 120 days in duration.
(b) Federal Acquisition Regulation.—
The Federal Acquisition Regulation shall include, pursuant to FAR Case 2007–006 (as published at 72 Fed. Reg. 64019, November 14, 2007) or any follow-on FAR case, provisions that require timely notification by Federal contractors of violations of Federal criminal law or overpayments in connection with the award or performance of covered contracts or subcontracts, including those performed outside the United States and those for commercial items.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3770; Pub. L. 115–232, div. A, title VIII, § 836(b)(14), Aug. 13, 2018, 132 Stat. 1864.)
heading: Amendment of Subsection (b)
text: Pub. L. 115–232, div. A, title VIII, § 836(b)(14), (h), Aug. 13, 2018, 132 Stat. 1864, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, subsection (b) of this section is amended by striking “commercial items” and inserting “commercial products or commercial services”. See 2018 Amendment note below.
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3509
41:251 note.
Pub. L. 110–252, title VI, §§ 6102, 6103, June 30, 2008, 122 Stat. 2386, 2387.
In subsection (b), the words “shall include” are substituted for “shall be amended” and “to include” to reflect the permanence of the provision. The words “within 180 days after the date of the enactment of this Act” are omitted as obsolete.
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 3901 (PUBLIC CONTRACTS)
§ 3901. Contracts awarded using procedures other than sealed-bid procedures
(a) Authorized Types.—
Except as provided in section 3905 of this title, contracts awarded after using procedures other than sealed-bid procedures may be of any type which in the opinion of the agency head will promote the best interests of the Federal Government.
(b) Required Warranty.—
(1) Content.—
Every contract awarded after using procedures other than sealed-bid procedures shall contain a suitable warranty, as determined by the agency head, by the contractor that no person or selling agency has been employed or retained to solicit or secure the contract on an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or bona fide established commercial or selling agencies the contractor maintains to secure business.
(2) Remedy for breach or violation.—
For the breach or violation of the warranty, the Federal Government may annul the contract without liability or deduct from the contract price or consideration the full amount of the commission, percentage, brokerage, or contingent fee.
(3) Nonapplication.—
Paragraph (1) does not apply to a contract for an amount that is not greater than the simplified acquisition threshold or to a contract for the acquisition of commercial items.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3774; Pub. L. 115–232, div. A, title VIII, § 836(b)(16), Aug. 13, 2018, 132 Stat. 1864.)
heading: Amendment of Subsection (b)(3)
text: Pub. L. 115–232, div. A, title VIII, § 836(b)(16), (h), Aug. 13, 2018, 132 Stat. 1864, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, subsection (b)(3) of this section is amended by striking “commercial items” and inserting “commercial products or commercial services”. See 2018 Amendment note below.
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3901
41:254(a).
June 30, 1949, ch. 288, title III, § 304(a), 63 Stat. 395; Pub. L. 98–369, div. B, title VII, § 2714(a)(3)(A), (B), July 18, 1984, 98 Stat. 1184; Pub. L. 103–355, title IV, § 4103(c), title VIII, § 8204(b), Oct. 13, 1994, 108 Stat. 3341, 3396.
In subsection (b)(2), the words “in its discretion” are omitted as unnecessary.
heading: Amendments
text: 2018—Subsec. (b)(3). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 4301 (PUBLIC CONTRACTS)
§ 4301. Definitions
In this chapter:
(1) Compensation.—
The term “compensation”, for a fiscal year, means the total amount of wages, salary, bonuses, and deferred compensation for the fiscal year, whether paid, earned, or otherwise accruing, as recorded in an employer’s cost accounting records for the fiscal year.
(2) Covered contract.—
The term “covered contract” means a contract for an amount in excess of $500,000 that is entered into by an executive agency, except that the term does not include a fixed-price contract without cost incentives or any firm fixed-price contract for the purchase of commercial items.
(3) Fiscal year.—
The term “fiscal year” means a fiscal year established by a contractor for accounting purposes.
(4) Senior executive.—
The term “senior executive”, with respect to a contractor, means the 5 most highly compensated employees in management positions at each home office and each segment of the contractor.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3784; Pub. L. 115–232, div. A, title VIII, § 836(b)(17), Aug. 13, 2018, 132 Stat. 1864.)
heading: Amendment of Paragraph (2)
text: Pub. L. 115–232, div. A, title VIII, § 836(b)(17), (h), Aug. 13, 2018, 132 Stat. 1864, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, paragraph (2) of this section is amended by striking “commercial items” and inserting “commercial products or commercial services”. See 2018 Amendment note below.
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
4301(1)
41:256(m)(1).
June 30, 1949, ch. 288, title III, § 306(m), as added Pub. L. 105–85, title VIII, § 808(b)(2), Nov. 18, 1997, 111 Stat. 1836; Pub. L. 105–261, title VIII, § 804(b), Oct. 17, 1998, 112 Stat. 2083.
4301(2)
41:256(l)(1).
June 30, 1949, ch. 288, title III, § 306(l)(1), as added Pub. L. 100–700, § 8(a)(1), Nov. 19, 1988, 102 Stat. 4634; Pub. L. 103–355, title II, § 2151, Oct. 13, 1994, 108 Stat. 3315.
4301(3)
41:256(m)(3).
4301(4)
41:256(m)(2).
heading: Amendments
text: 2018—Par. (2). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.