dreamproit/uscode huggingface dataset:
38 U.S.C. § 7109 (VETERANS’ BENEFITS)
[§ 7109. Repealed. Pub. L. 115–55, § 2(u)(1), Aug. 23, 2017, 131 Stat. 1113]
text: Section, added Pub. L. 87–671, § 1, Sept. 19, 1962, 76 Stat. 557, § 4009; amended Pub. L. 100–687, div. A, title I, § 103(b), Nov. 18, 1988, 102 Stat. 4107; renumbered § 7109, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405, related to advisory medical opinions from one or more independent medical experts who are not employees of the Department.
heading: Effective Date of Repeal
text: Repeal applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
38 U.S.C. § 7111 (VETERANS’ BENEFITS)
§ 7111. Revision of decisions on grounds of clear and unmistakable error
(a) A decision by the Board is subject to revision on the grounds of clear and unmistakable error. If evidence establishes the error, the prior decision shall be reversed or revised.
(b) For the purposes of authorizing benefits, a rating or other adjudicative decision of the Board that constitutes a reversal or revision of a prior decision of the Board on the grounds of clear and unmistakable error has the same effect as if the decision had been made on the date of the prior decision.
(c) Review to determine whether clear and unmistakable error exists in a case may be instituted by the Board on the Board’s own motion or upon request of the claimant.
(d) A request for revision of a decision of the Board based on clear and unmistakable error may be made at any time after that decision is made.
(e) Such a request shall be submitted directly to the Board and shall be decided by the Board on the merits.
(f) A claim filed with the Secretary that requests reversal or revision of a previous Board decision due to clear and unmistakable error shall be considered to be a request to the Board under this section, and the Secretary shall promptly transmit any such request to the Board for its consideration under this section.
(Added Pub. L. 105–111, § 1(b)(1), Nov. 21, 1997, 111 Stat. 2271; amended Pub. L. 115–55, § 2(v), Aug. 23, 2017, 131 Stat. 1113.)
heading: Amendments
text: 2017—Subsec. (e). Pub. L. 115–55 struck out “, without referral to any adjudicative or hearing official acting on behalf of the Secretary” after “merits”.
heading: Effective Date of 2017 Amendment
text: Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.
heading: Effective Date
text: Section applicable to any determination made before, on, or after Nov. 21, 1997, see section 1(c)(1) of Pub. L. 105–111, set out as a note under section 5109A of this title.
46 U.S.C. § 103 (SHIPPING)
§ 103. Boundary Line
In this title, the term “Boundary Line” means a line established under section 2(b) of the Act of February 19, 1895 (33 U.S.C. 151(b)).
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486; Pub. L. 114–120, title III, § 306(a)(1), Feb. 8, 2016, 130 Stat. 54.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
103
46:2101(3).
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–120 substituted “(33 U.S.C. 151(b)).” for “(33 U.S.C. 151).”
46 U.S.C. § 109 (SHIPPING)
§ 109. Foreign commerce or trade
(a) In General.—
In this title, the terms “foreign commerce” and “foreign trade” mean commerce or trade between a place in the United States and a place in a foreign country.
(b) Capital Construction Funds and Construction-Differential Subsidies.—
In the context of capital construction funds under chapter 535 of this title, and in the context of construction-differential subsidies under title V of the Merchant Marine Act, 1936, the terms “foreign commerce” and “foreign trade” also include, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in a manner that will permit bulk vessels of the United States to compete freely with foreign bulk vessels in their operation or competition for charters, subject to regulations prescribed by the Secretary of Transportation.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
109
46 App.:1244(a).
June 29, 1936, ch. 858, title IX, § 905(a), 49 Stat. 2016; June 23, 1938, ch. 600, § 39(a), 52 Stat. 964; Pub. L. 91–469, § 28, Oct. 21, 1970, 84 Stat. 1034; Pub. L. 92–402, § 2, Aug. 22, 1972, 86 Stat. 617; Pub. L. 97–31, § 12(133)(A), Aug. 6, 1981, 95 Stat. 165.
In subsection (a), the words “its Territories or possessions, or the District of Columbia” are omitted because of the definition of “United States” in this chapter.
heading: Editorial Notes
heading: References in Text
text: The Merchant Marine Act, 1936, referred to in subsec. (b), is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted provisions set out as notes under section 53101 of this title. For complete classification of this Act to the Code, see Short Title of 1936 Amendment note set out under section 101 of this title and Tables.
46 U.S.C. § 305 (SHIPPING)
§ 305. Regulations
The Federal Maritime Commission may prescribe regulations to carry out its duties and powers.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
305
46 App.:1111(c) (related to rules and regulations).
June 29, 1936, ch. 858, title II, § 201(c) (related to rules and regulations), 49 Stat. 1986.
46 App.:1716.
Pub. L. 98–237, § 17, Mar. 20, 1984, 98 Stat. 84.
The words “to carry out its duties and powers” are substituted for “in regard to its procedure and the conduct of its business” in 46 App. U.S.C. 1111(c) and “to carry out this chapter” in 46 App. U.S.C. 1716(a) for consistency in the revised title. The text of 46 App. U.S.C. 1716(b) is omitted as executed and obsolete.
heading: Statutory Notes and Related Subsidiaries
heading: Transparency in Unfinished Regulatory Proceedings
text: Pub. L. 115–282, title VII, § 712, Dec. 4, 2018, 132 Stat. 4298, provided that:
“(a) In General.—
Beginning not later than 60 days after the date of enactment of this Act [Dec. 4, 2018], the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives biannual reports that describe the Commission’s progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline.
“(b) Format of Reports.—
Each report under subsection (a) shall, among other things, clearly identify for each unfinished regulatory proceeding—
“(1) the popular title;
“(2) the current stage of the proceeding;
“(3) an abstract of the proceeding;
“(4) what prompted the action in question;
“(5) any applicable statutory, regulatory, or judicial deadline;
“(6) the associated docket number;
“(7) the date the rulemaking was initiated;
“(8) a date for the next action; and
“(9) if a date for next action identified in the previous report is not met, the reason for the delay.”
46 U.S.C. § 306 (SHIPPING)
§ 306. Annual report
(a) In General.—
Not later than April 1 of each year, the Federal Maritime Commission shall submit a report to Congress. The report shall include the results of its investigations, a summary of its transactions, the purposes for which all of its expenditures were made, and any recommendations for legislation.
(b) Report on Foreign Laws and Practices.—
The Commission shall include in its annual report to Congress—
(1) a list of the 20 foreign countries that generated the largest volume of oceanborne liner cargo for the most recent calendar year in bilateral trade with the United States;
(2) an analysis of conditions described in section 42302(a) of this title being investigated or found to exist in foreign countries;
(3) any actions being taken by the Commission to offset those conditions;
(4) any recommendations for additional legislation to offset those conditions;
(5) a list of petitions filed under section 42302(b) of this title that the Commission rejected and the reasons for each rejection; and
(6) an analysis of the impacts on competition for the purchase of certain covered services by alliances of ocean common carriers acting pursuant to an agreement under this part 1 between or among ocean common carriers, including a summary of actions, including corrective actions, taken by the Commission to promote such competition.
(c) Definition of Certain Covered Services.—
In this section, the term “certain covered services” has the meaning given the term in section 40102.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489; Pub. L. 115–282, title VII, § 703, Dec. 4, 2018, 132 Stat. 4294.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
306(a)
46 App.:1118 (related to Commission).
June 29, 1936, ch. 858, title II, § 208 (related to Commission), 49 Stat. 1988; Pub. L. 94–273, § 36, Apr. 21, 1976, 90 Stat. 380; Pub. L. 97–31, § 12(65), Aug. 6, 1981, 95 Stat. 159.
306(b)
46 App.:1710a(g).
Pub. L. 100–418, title X, § 10002(g), Aug. 23, 1988, 102 Stat. 1572.
In subsection (a), the words “a statement of all receipts under this chapter” are omitted as inapplicable to the Commission.
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (b)(6). Pub. L. 115–282, § 703(1), added par. (6).
Subsec. (c). Pub. L. 115–282, § 703(2), added subsec. (c).
46 U.S.C. § 307 (SHIPPING)
§ 307. Expenditures
(a) In General.—
The Federal Maritime Commission may make such expenditures as are necessary in the performance of its functions from funds appropriated or otherwise made available to it, which appropriations are authorized.
(b) Prohibition.—
Notwithstanding subsection (a), the Federal Maritime Commission may not expend any funds appropriated or otherwise made available to it to a non-Federal entity to issue an award, prize, commendation, or other honor that is not related to the purposes set forth in section 40101.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1490; Pub. L. 114–120, title IV, § 403, Feb. 8, 2016, 130 Stat. 67.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
307
46 App.:1111(d) (related to Commission).
June 29, 1936, ch. 858, title II, § 201(d) (related to Commission), 49 Stat. 1986; Pub. L. 97–31, § 12(58)(B), Aug. 6, 1981, 95 Stat. 158.
The words “by this chapter”, “after June 29, 1936”, and “further” are omitted as unnecessary.
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–120 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
46 U.S.C. § 308 (SHIPPING)
§ 308. Authorization of appropriations
There is authorized to be appropriated to the Federal Maritime Commission $28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019 for the activities of the Commission authorized under this chapter and subtitle IV.
(Added Pub. L. 114–120, title IV, § 401(a), Feb. 8, 2016, 130 Stat. 67; amended Pub. L. 115–282, title VII, § 702, Dec. 4, 2018, 132 Stat. 4294.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 substituted “$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019” for “$24,700,000 for each of fiscal years 2016 and 2017”.
46 U.S.C. § 2102 (SHIPPING)
§ 2102. Limited definitions
In chapters 33, 45, 51, 81, and 87 of this title, “Aleutian trade” means the transportation of cargo (including fishery related products) for hire on board a fish tender vessel to or from a place in Alaska west of 153 degrees west longitude and east of 172 degrees east longitude, if that place receives weekly common carrier service by water, to or from a place in the United States (except a place in Alaska).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 505; Pub. L. 98–369, div. A, title X, § 1011(a), July 18, 1984, 98 Stat. 1013; Pub. L. 99–509, title V, § 5102(b)(2), Oct. 21, 1986, 100 Stat. 1926; Pub. L. 101–595, title VI, § 602(a), Nov. 16, 1990, 104 Stat. 2990; Pub. L. 109–304, §§ 15(3), 16(a), Oct. 6, 2006, 120 Stat. 1702, 1705.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2102
46:1452(10)–(14)
Section 2102 contains a number of definitions that are limited to recreational vessels in Chapter 43 of Part B and the numbering of these vessels in Chapter 123 of Part H.
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–304 redesignated subsec. (b) as entire section, substituted “west” for “West” and “east” for “East”, and struck out subsec. (a) which defined “eligible State”, “State”, “United States”, and “State recreational boating safety program” in chapters 37, 43, 51, and 123 of this title and part I of this subtitle.
1990—Pub. L. 101–595 designated existing provisions as subsec. (a) and added subsec. (b).
1986—Pub. L. 99–509 inserted reference to chapters 37 and 51.
1984—Par. (1). Pub. L. 98–369, § 1011(a)(1), struck out “and facilities improvement” after “recreational boating safety”.
Par. (3). Pub. L. 98–369, § 1011(a)(2), (3), redesignated par. (5) as (3) and struck out former par. (3) which defined a State recreational boating facilities improvement program.
Par. (4). Pub. L. 98–369, § 1011(a)(2), struck out par. (4) which defined State recreational boating safety and facilities improvement program.
Par. (5). Pub. L. 98–369, § 1011(a)(3), redesignated par. (5) as (3).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to apply with respect to fiscal years beginning after Sept. 30, 1984, see section 1013 of Pub. L. 98–369, set out as a note under section 13101 of this title.
46 U.S.C. § 2103 (SHIPPING)
§ 2103. Superintendence of the merchant marine
The Secretary has general superintendence over the merchant marine of the United States and of merchant marine personnel insofar as the enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another official of the United States Government. In the interests of marine safety and seamen’s welfare, the Secretary shall enforce this subtitle and shall carry out correctly and uniformly administer this subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 99–307, § 9, May 19, 1986, 100 Stat. 447.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2103
46:2
46:372
46:689
Section 2103 provides the Secretary with the authority to superintend the merchant marine and those involved personnel insofar as the vessels and personnel are not subject, under other laws, to the supervision of another official. The Secretary has the duty to enforce the laws with respect to vessels and seamen and to carry out correctly and uniformly these laws and regulations. The term “superintendence” is used to indicate the Secretary’s broad responsibility for overseeing maritime safety and seamen’s welfare, including employment, shipping, navigation, and protection of the marine environment.
heading: Editorial Notes
heading: Amendments
text: 1986—Pub. L. 99–307 substituted “subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle” for “subtitle and regulations prescribed under this subtitle”.
46 U.S.C. § 2104 (SHIPPING)
§ 2104. Delegation
(a) The Secretary may delegate the duties and powers conferred by this subtitle to any officer, employee, or member of the Coast Guard, and may provide for the subdelegation of those duties and powers.
(b) When this subtitle authorizes an officer or employee of the Customs Service to act in place of a Coast Guard official, the Secretary may designate that officer or employee subject to the approval of the Secretary of the Treasury.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2104
46:65v(1)
46:382b
46:416
46:543
46:689
Section 2104 provides the Secretary with authority to delegate duties and powers to others. It also contains the authority to designate an officer or employee of the United States Customs Service to act in the place of a Coast Guard official.
heading: Statutory Notes and Related Subsidiaries
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.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
46 U.S.C. § 2106 (SHIPPING)
§ 2106. Liability in rem
When a vessel is made liable in rem under this subtitle, the vessel may be libeled and proceeded against in the district court of the United States for any district in which the vessel is found.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 109–304, § 15(4), Oct. 6, 2006, 120 Stat. 1702.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2106
46:170(14)
46:216e(e)
46:390d
46:391a(14)(C)
46:436
46:462
46:481(c)
46:497
46:526o
46:672(j)
46:1484(b)
Section 2106 provides that when a vessel is made liable in rem the vessel may be libeled and proceeded against in a United States district court.
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–304 substituted “the district court of the United States for any district” for “a district court of the United States”.
46 U.S.C. § 2107 (SHIPPING)
§ 2107. Civil penalty procedures
(a) After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or subtitle VII or a regulation prescribed under this subtitle or subtitle VII for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle or subtitle VII until the assessment is referred to the Attorney General.
(c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 109–241, title III, § 306(b), July 11, 2006, 120 Stat. 528.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2107
33:364
46:7
46:65u
46:216e(d)
46:391a(14)
46:526o
46:526p
46:1484(c)
Section 2107 provides for standard procedures for the handling of civil penalties for infractions of law or regulation. Some changes were made to increase some antiquated and inadequate penalties.
The assessment of civil penalties under this section should not require an “on the record” hearing within the meaning of the Administrative Procedures Act (APA). It is intended that these civil penalties be assessed in a fair manner. However, the Committee recognizes that statutes passed in the last decade have involved the Coast Guard in tens of thousands of civil penalty enforcement cases and that it is necessary that the penalties be assessed efficiently. The Coast Guard’s procedural regulations for assessing civil penalties ensure that the essential elements of due process, notice, and opportunity to be heard, are provided to alleged violators (see 33 CFR Subpart 1.07). The more rigid and time-consuming procedures applicable to APA adjudications are unwarranted in the case of Coast Guard civil penalty assessment procedures and would seriously hamper the orderly enforcement of these administrative penalties.
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–241 substituted “this subtitle or subtitle VII” for “this subtitle” in two places in subsec. (a) and in one place in subsec. (b).
46 U.S.C. § 2109 (SHIPPING)
§ 2109. Public vessels
Except as otherwise provided, this subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a Saint Lawrence Seaway Development Corporation vessel) owned or operated by the Department of Transportation or by any corporation organized or controlled by the Department.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99–509, title V, § 5102(b)(3), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 109–241, title IX, § 902(e)(1), July 11, 2006, 120 Stat. 567; Pub. L. 111–281, title IX, § 903(a)(5)(A), Oct. 15, 2010, 124 Stat. 3010.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2109
46:362
46:363
46:391a(4)
Section 2109 exempts public vessels from the applicability of the maritime safety and seamen’s welfare laws of this subtitle although some public vessels are inspected under interagency voluntary agreements.
heading: Editorial Notes
heading: Amendments
text: 2010—Pub. L. 111–281 amended directory language of Pub. L. 109–241, § 902(e)(1). See 2006 Amendment note below.
2006—Pub. L. 109–241, § 902(e)(1), as amended by Pub. L. 111–281, struck out “a Coast Guard or” after “(except”.
1986—Pub. L. 99–509 substituted “Except as otherwise provided, this” for “This”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2010 Amendment
text: Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(5)(A) is effective with enactment of Pub. L. 109–241.