dreamproit/uscode huggingface dataset:
4 U.S.C. § 120 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 120. Procedure if no electronic database provided
(a) Safe Harbor.—
If neither a State nor designated database provider provides an electronic database under section 119, a home service provider shall be held harmless from any tax, charge, or fee liability in such State that otherwise would be due solely as a result of an assignment of a street address to an incorrect taxing jurisdiction if, subject to section 121, the home service provider employs an enhanced zip code to assign each street address to a specific taxing jurisdiction for each level of taxing jurisdiction and exercises due diligence at each level of taxing jurisdiction to ensure that each such street address is assigned to the correct taxing jurisdiction. If an enhanced zip code overlaps boundaries of taxing jurisdictions of the same level, the home service provider must designate one specific jurisdiction within such enhanced zip code for use in taxing the activity for such enhanced zip code for each level of taxing jurisdiction. Any enhanced zip code assignment changed in accordance with section 121 is deemed to be in compliance with this section. For purposes of this section, there is a rebuttable presumption that a home service provider has exercised due diligence if such home service provider demonstrates that it has—
(1) expended reasonable resources to implement and maintain an appropriately detailed electronic database of street address assignments to taxing jurisdictions;
(2) implemented and maintained reasonable internal controls to promptly correct misassignments of street addresses to taxing jurisdictions; and
(3) used all reasonably obtainable and usable data pertaining to municipal annexations, incorporations, reorganizations and any other changes in jurisdictional boundaries that materially affect the accuracy of such database.
(b) Termination of Safe Harbor.—
Subsection (a) applies to a home service provider that is in compliance with the requirements of subsection (a), with respect to a State for which an electronic database is not provided under section 119 until the later of—
(1) 18 months after the nationwide standard numeric code described in section 119(a) has been approved by the Federation of Tax Administrators and the Multistate Tax Commission; or
(2) 6 months after such State or a designated database provider in such State provides such database as prescribed in section 119(a).
(Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 628.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date; Application of Amendment
text: Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
4 U.S.C. § 121 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 121. Correction of erroneous data for place of primary use
(a) 1 In General.—
A taxing jurisdiction, or a State on behalf of any taxing jurisdiction or taxing jurisdictions within such State, may—
(1) determine that the address used for purposes of determining the taxing jurisdictions to which taxes, charges, or fees for mobile telecommunications services are remitted does not meet the definition of place of primary use in section 124(8) and give binding notice to the home service provider to change the place of primary use on a prospective basis from the date of notice of determination if—
(A) if the taxing jurisdiction making such determination is not a State, such taxing jurisdiction obtains the consent of all affected taxing jurisdictions within the State before giving such notice of determination; and
(B) before the taxing jurisdiction gives such notice of determination, the customer is given an opportunity to demonstrate in accordance with applicable State or local tax, charge, or fee administrative procedures that the address is the customer’s place of primary use;
(2) determine that the assignment of a taxing jurisdiction by a home service provider under section 120 does not reflect the correct taxing jurisdiction and give binding notice to the home service provider to change the assignment on a prospective basis from the date of notice of determination if—
(A) if the taxing jurisdiction making such determination is not a State, such taxing jurisdiction obtains the consent of all affected taxing jurisdictions within the State before giving such notice of determination; and
(B) the home service provider is given an opportunity to demonstrate in accordance with applicable State or local tax, charge, or fee administrative procedures that the assignment reflects the correct taxing jurisdiction.
(Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 629.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date; Application of Amendment
text: Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
4 U.S.C. § 122 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 122. Determination of place of primary use
(a) Place of Primary Use.—
A home service provider shall be responsible for obtaining and maintaining the customer’s place of primary use (as defined in section 124). Subject to section 121, and if the home service provider’s reliance on information provided by its customer is in good faith, a taxing jurisdiction shall—
(1) allow a home service provider to rely on the applicable residential or business street address supplied by the home service provider’s customer; and
(2) not hold a home service provider liable for any additional taxes, charges, or fees based on a different determination of the place of primary use for taxes, charges, or fees that are customarily passed on to the customer as a separate itemized charge.
(b) Address Under Existing Agreements.—
Except as provided in section 121, a taxing jurisdiction shall allow a home service provider to treat the address used by the home service provider for tax purposes for any customer under a service contract or agreement in effect 2 years after the date of the enactment of the Mobile Telecommunications Sourcing Act as that customer’s place of primary use for the remaining term of such service contract or agreement, excluding any extension or renewal of such service contract or agreement, for purposes of determining the taxing jurisdictions to which taxes, charges, or fees on charges for mobile telecommunications services are remitted.
(Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 630.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of the Mobile Telecommunications Sourcing Act, referred to in subsec. (b), is the date of enactment of Pub. L. 106–252, which was approved July 28, 2000.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date; Application of Amendment
text: Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
4 U.S.C. § 123 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 123. Scope; special rules
(a) Act Does Not Supersede Customer’s Liability to Taxing Jurisdiction.—
Nothing in sections 116 through 126 modifies, impairs, supersedes, or authorizes the modification, impairment, or supersession of, any law allowing a taxing jurisdiction to collect a tax, charge, or fee from a customer that has failed to provide its place of primary use.
(b) Additional Taxable Charges.—
If a taxing jurisdiction does not otherwise subject charges for mobile telecommunications services to taxation and if these charges are aggregated with and not separately stated from charges that are subject to taxation, then the charges for nontaxable mobile telecommunications services may be subject to taxation unless the home service provider can reasonably identify charges not subject to such tax, charge, or fee from its books and records that are kept in the regular course of business.
(c) Nontaxable Charges.—
If a taxing jurisdiction does not subject charges for mobile telecommunications services to taxation, a customer may not rely upon the nontaxability of charges for mobile telecommunications services unless the customer’s home service provider separately states the charges for nontaxable mobile telecommunications services from taxable charges or the home service provider elects, after receiving a written request from the customer in the form required by the provider, to provide verifiable data based upon the home service provider’s books and records that are kept in the regular course of business that reasonably identifies the nontaxable charges.
(Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 630.)
heading: Editorial Notes
heading: References in Text
text: Act, referred to in subsec. (a), probably means the Mobile Telecommunications Sourcing Act, Pub. L. 106–252, July 28, 2000, 114 Stat. 626, which enacted sections 116 to 126 of this title and provisions set out as notes under sections 1 and 116 of this title. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 1 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date; Application of Amendment
text: Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
4 U.S.C. § 125 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 125. Nonseverability
If a court of competent jurisdiction enters a final judgment on the merits that—
(1) is based on Federal law;
(2) is no longer subject to appeal; and
(3) substantially limits or impairs the essential elements of sections 116 through 126 of this title,
then sections 116 through 126 of this title are invalid and have no legal effect as of the date of entry of such judgment.
(Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 632.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date; Application of Amendment
text: Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
4 U.S.C. § 126 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 126. No inference
(a) Internet Tax Freedom Act.—
Nothing in sections 116 through this section of this title shall be construed as bearing on Congressional intent in enacting the Internet Tax Freedom Act or to modify or supersede the operation of such Act.
(b) Telecommunications Act of 1996.—
Nothing in sections 116 through this section of this title shall limit or otherwise affect the implementation of the Telecommunications Act of 1996 or the amendments made by such Act.
(Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 632.)
heading: Editorial Notes
heading: References in Text
text: The Internet Tax Freedom Act, referred to in subsec. (a), is title XI of Pub. L. 105–277, div. C, Oct. 21, 1998, 112 Stat. 2681–719, which is set out as a note under section 151 of Title 47, Telecommunications.
The Telecommunications Act of 1996, referred to in subsec. (b), is Pub. L. 104–104, Feb. 8, 1996, 110 Stat. 56. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 609 of Title 47, Telecommunications, and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date; Application of Amendment
text: Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.
4 U.S.C. § 141 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 141. Collection, preparation and publication
The Archivist of the United States, hereinafter referred to in this chapter as the “Archivist”, shall continue to completion the work of collecting, editing, copying, and suitably arranging for issuance as a Government publication, the official papers relating to the Territories from which States of the United States were formed, in the national archives, as listed in Parker’s “Calendar of Papers in Washington” Archives Relating to the Territories of the United States (to 1873)”, being publication numbered 148 of the Carnegie Institution of Washington, together with such additional papers of like character which may be found.
(Added Oct. 31, 1951, ch. 655, § 12, 65 Stat. 713; amended Pub. L. 98–497, title I, § 107(f), Oct. 19, 1984, 98 Stat. 2292.)
heading: Editorial Notes
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist of the United States” and “Archivist” for “Administrator of General Services” and “Administrator”, respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
heading: Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel
text: See note preceding this section.
4 U.S.C. § 142 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 142. Appointment of experts
For the purpose of carrying on the work prescribed by section 141 of this title, the Archivist, without regard to the Classification Act of 1949 and the civil service laws and regulations thereunder, may engage the services, either in or outside of the District of Columbia, of not to exceed five historical experts who are especially informed on the various phases of the territorial history of the United States and are especially qualified for the editorial work necessary in arranging such territorial papers for publication.
(Added Oct. 31, 1951, ch. 655, § 12, 65 Stat. 714; amended Pub. L. 98–497, title I, § 107(f), Oct. 19, 1984, 98 Stat. 2292.)
heading: Editorial Notes
heading: References in Text
text: The Classification Act of 1949, referred to in text, is act Oct. 28, 1949, ch. 782, 63 Stat. 954, which was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees.
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
heading: Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel
text: See note preceding section 141 of this title.
4 U.S.C. § 143 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 143. Employment and utilization of other personnel; cost of copy reading and indexing
(a) In carrying out his functions under this chapter, the Archivist may employ such clerical assistants as may be necessary.
(b) The work of copy reading and index making for the publication of the papers described in section 141 of this title shall be done by the regular editorial staff of the National Archives and Records Administration, and the cost of this particular phase of the work (prorated each month according to the number of hours spent and the annual salaries of the clerks employed) shall be charged against the annual appropriations made under section 146 of this title.
(Added Oct. 31, 1951, ch. 655, § 12, 65 Stat. 714; amended Pub. L. 98–497, title I, § 107(f), Oct. 19, 1984, 98 Stat. 2292.)
heading: Editorial Notes
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–497 substituted “Archivist” for “Administrator”.
Subsec. (b). Pub. L. 98–497 substituted “National Archives and Records Administration” for “General Services Administration”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
heading: Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel
text: See note preceding section 141 of this title.
4 U.S.C. § 144 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 144. Cooperation of departments and agencies
The heads of the several executive departments and independent agencies and establishments shall cooperate with the Archivist in the work prescribed by section 141 of this title by permitting access to any records deemed by him to be necessary to the completion of such work.
(Added Oct. 31, 1951, ch. 655, § 12, 65 Stat. 714; amended Pub. L. 98–497, title I, § 107(f), Oct. 19, 1984, 98 Stat. 2292.)
heading: Editorial Notes
heading: Amendments
text: 1984—Pub. L. 98–497 substituted “Archivist” for “Administrator”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
heading: Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel
text: See note preceding section 141 of this title.
4 U.S.C. § 146 (FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES)
§ 146. Authorization of appropriations
For the purposes of this chapter, there are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, sums of not more than $50,000 for any one fiscal year.
(Added Oct. 31, 1951, ch. 655, § 12, 65 Stat. 715.)
heading: Statutory Notes and Related Subsidiaries
heading: Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel
text: See note preceding section 141 of this title.
5 U.S.C. § 3328 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3328. Selective Service registration
(a) An individual—
(1) who was born after December 31, 1959, and is or was required to register under section 3 of the Military Selective Service Act (50 U.S.C. 3802) and
(2) who is not so registered or knowingly and willfully did not so register before the requirement terminated or became inapplicable to the individual,
shall be ineligible for appointment to a position in an Executive agency.
(b) Subsection (a) shall not apply to an individual—
(1) who is a veteran;
(2) who provides evidence of active duty service to the Executive agency in which the individual seeks an appointment; and
(3) for whom the requirement to register under section 3 of the Military Selective Service Act (50 U.S.C. 3802) has terminated or is now inapplicable due to age.
(c) The Office of Personnel Management, in consultation with the Director of the Selective Service System, shall prescribe regulations to carry out this section. Such regulations shall include provisions prescribing procedures for the adjudication of determinations of whether a failure to register was knowing and willful. Such procedures shall require that such a determination may not be made if the individual concerned shows by a preponderance of the evidence that the failure to register was neither knowing nor willful. Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined.
(d) In this section, the terms “active duty” and “veteran” have the meaning given those terms in section 101 of title 38.
(Added Pub. L. 99–145, title XVI, § 1622(a)(1), Nov. 8, 1985, 99 Stat. 777; amended Pub. L. 100–180, div. A, title XII, § 1249, Dec. 4, 1987, 101 Stat. 1167; Pub. L. 118–159, div. A, title XI, § 1108, Dec. 23, 2024, 138 Stat. 2089.)
heading: Editorial Notes
heading: Amendments
text: 2024—Subsec. (a)(1). Pub. L. 118–159, § 1108(1), substituted “(50 U.S.C. 3802)” for “(50 U.S.C. App. 453)”.
Subsecs. (b), (c). Pub. L. 118–159, § 1108(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).
Subsec. (d). Pub. L. 118–159, § 1108(4), added subsec. (d).
1987—Subsec. (b). Pub. L. 100–180 struck out “within the Office” after “for the adjudication” in second sentence and inserted at end “Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined.”
6 U.S.C. § 1119 (DOMESTIC SECURITY)
§ 1119. Voluntary use of credentialing
(a) In general
An applicable individual who is subject to credentialing or a background investigation may satisfy that requirement by obtaining a valid transportation security card.
(b) Issuance of cards
The Secretary of Homeland Security—
(1) shall expand the transportation security card program, consistent with section 70105 of title 46, to allow an applicable individual who is subject to credentialing or a background investigation to apply for a transportation security card; and
(2) may charge reasonable fees, in accordance with section 469(a) of this title, for providing the necessary credentialing and background investigation.
(c) Vetting
The Administrator shall develop and implement a plan to utilize, in addition to any background check required for initial issue, the Federal Bureau of Investigation’s Rap Back Service and other vetting tools as appropriate, including the No-Fly and Selectee lists, to get immediate notification of any criminal activity relating to any person with a valid transportation security card.
(d) Definitions
In this section:
(1) Applicable individual who is subject to credentialing or a background investigation
The term “applicable individual who is subject to credentialing or a background investigation” means only an individual who—
(A) because of employment is regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard and is required to have a background records check to obtain a hazardous materials endorsement on a commercial driver’s license issued by a State under section 5103a of title 49; or
(B) is required to have a credential and background records check under section 622(d)(2) 1 of this title at a facility with activities that are regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard.
(2) Valid transportation security card
The term “valid transportation security card” means a transportation security card that is—
(A) issued under section 70105 of title 46;
(B) not expired;
(C) shows 2 no signs of tampering; and
(D) bears 2 a photograph of the individual representing such card.
(Pub. L. 115–254, div. K, title I, § 1977, Oct. 5, 2018, 132 Stat. 3617.)
heading: Editorial Notes
heading: References in Text
text: Section 622 of this title, referred to in subsec. (d)(1)(B), was omitted from the Code.
heading: Codification
text: Section was enacted as part of the TSA Modernization Act and also as part of the FAA Reauthorization Act of 2018, and not as part of the Implementing Recommendations of the 9/11 Commission Act of 2007 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definition
text: For definition of “Administrator” as used in this section, see section 1902 of Pub. L. 115–254, set out as a note under section 101 of Title 49, Transportation.