TITLE 8.-ALIENS AND NATIONALITY §§ 331 to 339. Repealed. Pub. L. 93-461, Oct. 20, 1974, 88 Section 331, R.S. § 2158, prohibited cooly trade. Section 332, R.S. § 2159; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167, related to forfeiture of vessels engaged in cooly trade. Section 333, R.S. § 2160, related to penalty for building vessels to engage in cooly trade. Section 334, R.S. § 2161, related to punishment for engaging in cooly trade. Section 335, R.S. § 2162, excepted the voluntary emigration of coolies from the prohibition. Section 336, act Mar. 3, 1875, ch. 141, § 1, 18 Stat. 477, related to inquiry and certification by consular officers. Section 337, R.S. § 2163, related to examination of vessels. Section 338, act Mar. 3, 1875, ch. 141, § 2, 18 Stat. 477, related to penalties for involuntary transportation of Chinese, Japanese, and others for purpose of holding to service. Section 339, act Mar. 3, 1875, ch. 141, § 4, 18 Stat. 477, related to punishment for contracting to supply cooly labor. Chapter 12.-IMMIGRATION AND NATIONALITY § 1101. Definitions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1151, 1152, 1153, 1154, 1181, 1182, 1184, 1184a, 1201, 1251, 1253, 1254, 1255, 1255b, 1257, 1258, 1282, 1303, 1481 of this title; title 18 section 613; title 22 sections 1474, 2395, 2508; title 26 sections 871, 872, 1441, 3121, 3231, 3306; title 42 section 410; title 45 sections 228a, 231, 351; title 50 app. sections 453, 456. § 1153. Allocation of immigrant visas. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 1382c. § 1182. Excludable aliens. SECTION REFERRED TO IN OTHER SECTIONS § 1257. Adjustment of status of certain resident aliens SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1184 of this title; title 50 app. section 456. § 1286. Discharge of alien crewmen; penalties. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1330 of this title; title 22 section 450. § 1401. Nationals and citizens of United States at birth. (b) Any person who is a national and citizen of the United States under paragraph (7) of subsection (a) of this section shall lose his nationality and citizenship unless (1) he shall come to the United States and be continuously physically present Page 327 therein for a period of not less than two years between the ages of fourteen years and twenty-eight years; or (2) the alien parent is naturalized while the child is under the age of eighteen years and the child begins to reside permanently in the United States while under the age of eighteen years. In the administration of this subsection absences from the United States of less than sixty days in the aggregate during the period for which continuous physical presence in the United States is required shall not break the continuity of such physical presence. (d) Nothing contained in subsection (b) of this section, as amended, shall be construed to alter or affect the citizenship of any person who has come to the United States prior to October 27, 1972, and who, whether before or after October 27, 1972, immediately following such coming complies or shall comply with the physical presence requirements for retention of citizenship specified in subsection (b) prior to October 27, 1972, and the repeal of section 1401b of this title. (As amended Oct. 27, 1972, Pub. L. 92-584, §§ 1, 3, 86 Stat. 1289.) AMENDMENTS 1972 Subsec. (b). Pub. L. 92-584, § 1, substituted provisions that nationals and citizens of the United States under subsec. (a) (7), lose such status unless they are present continuously in the United States for two years between the ages of fourteen and twenty eight years, or the alien parent is naturalized while the child is under the age of eighteen years and the child begins to reside permanently in the United States while under the age of eighteen years, and that absence from the United States of less than sixty days will not break the continuity of presence, for provisions that such status would be lost unless the nationals and citizens come to the United States prior to attaining twenty three years and be present continuously in the United States for five years, and that such presence should be between the age of fourteen and twenty eight years. Subsec. (d). Pub. L. 92-584, § 3, added subsec. (d). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1401a, 1408, 1409, 1452 of this title; title 26 sections 877, 2107, 2501. § 1401b. Repealed. Pub. L. 92-584, § 2, Oct. 27, 1972, 86 Stat. 1289. Section, Pub. L. 85-316, § 16, Sept. 11, 1957, 71 Stat. 644, provided that absence from the United States of less than twelve months would not break the continuity of presence in the administration of section 1401 (b) of this title, and is now covered by section 1401 (b) of this title. § 1425. Ineligibility to naturalization of deserters from the armed forces. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1433, 1434 of this title; title 50 app. section 455. § 1445. Petition for naturalization. SECTION REFERRED TO IN OTHER SECTIONS Chapter 13.-IMMIGRATION AND NATURALIZATION SERVICE § 1551 to 1557. TRANSFER OF FUNCTIONS All functions vested by law in the Attorney General, the Department of Justice, or any other officer or any agency of that Department, with respect to the inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving the United States, were transferred to the Secretary of the Treasury by 1973 Reorg. Plan No. 2, § 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5, Government Organization and Employees. TITLE 10.-ARMED FORCES This title was enacted by act Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 1 Subtitle A.-General Military Law Chapter 3.-GENERAL POWERS § 126. Transfer of funds and employees. TRANSFER OF FUNCTIONS All functions vested by law (including reorganization plan) in the Bureau of the Budget or the director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume. § 131. Executive department. DEFENSE MANPOWER COMMISSION Pub. L. 93-155, title VII, §§ 701-708, Nov. 16, 1973, 87 Stat. 609-611, provided as follows: "Sec. 701 [Defense Manpower Commission; establishment; membership; restrictions]. (a) There is hereby established a commission to be known as the Defense Manpower Commission (hereinafter in this title referred to as the 'Commission'). "(b) The Commission shall be composed of seven members appointed as follows: "(1) One member to be appointed by the majority leader of the Senate; "(2) One member to be appointed by the minority leader of the Senate; "(3) One member to be appointed by the majority leader of the House of Representatives; "(4) One member to be appointed by the minority leader of the House of Representatives; and "(5) Three members to be appointed by the President. No person may be appointed to the Commission who is a civilian officer or employee of the Federal Government; and no person may be appointed who is serving on active duty with the Armed Forces of the United States. "(c) The Commission shall elect a Chairman and Vice Chairman from among its members. may not be appointed as a Deputy Secretary of Defense within ten years after relief from active duty as a commissioned officer of a regular component of an armed force. (b) The Deputy Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The Deputy Secretaries, in the order of precedence, designated by the President shall act for, and exercise the powers of, the Secretary when the Secretary is disabled or there is no Secretary of Defense. (c) The Deputy Secretaries take precedence in the Department of Defense immediately after the Secretary. (As amended Pub. L. 92-596, § 4(1), Oct. 27, 1972, 86 Stat. 1318.) AMENDMENTS 1972-Subsec. (a). Pub. L. 92-596 substituted "Deputy Secretaries" for "Deputy Secretary" in the catchline, and in subsec. (a) substituted "There are two Deputy Secretaries of Defense" for "There is a Deputy Secretary of Defense". Subsec. (b). Pub. L. 92-596 provided for the exercise of powers and duties consequent to the creation of a second Deputy Secretary. Subsec. (c). Pub. L. 92-596 substituted "The Deputy Secretaries take" for "The Deputy Secretary takes". § 135. Director of Defense Research and Engineering: appointment; powers and duties; precedence. (c) The Director takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretaries of Defense, and the Secretaries of the military departments. (As amended Pub. L. 92-596, § 4(2), Oct. 27, 1972, 86 Stat. 1318.) AMENDMENTS 1972 Subsec. (c). Pub. L. 92-596 substituted "Deputy Secretaries" for "Deputy Secretary". § 136. Assistant Secretaries of Defense: appointment; powers and duties; precedence. (a) There are nine Assistant Secretaries of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (e) The Assistant Secretaries take precedence in the Department of Defense after the Secretary, the Deputy Secretaries of Defense, the Secretaries of the military departments and the Director of Defense Research and Engineering. (As amended Pub. L. 92-215, § 1, Dec. 22, 1971, 85 Stat 777; Pub. L. 92-596, § 4(2), Oct. 27, 1972, 86 Stat. 1318.) AMENDMENTS 1972 Subsec. (e). Pub. L. 92-596 substituted "Deputy Secretaries" for "Deputy Secretary". 1971-Subsec. (a). Pub. L. 92-215 increased the number of Assistant Secretaries of Defense from eight to nine. § 138. Secretary of Defense: Annual authorization of appropriations for armed forces. (a) No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for (1) procurement of aircraft, missiles, or naval vessels; (2) any research, development, test, or evaluation, or procurement or production related thereto; (3) procurement of tracked combat vehicles; (4) procurement of other weapons; or (5) procurement of naval torpedoes and related support equipment; unless funds therefor have been specifically authorized by law. (b) Congress shall authorize the personnel strength of the Selected Reserve of each reserve component of the armed forces. No funds may be appropriated for any fiscal year for the pay and allowances of members of any reserve component of the armed forces unless the personnel strength of the Selected Reserve of that reserve component for that fiscal year has been authorized by law. (c) (1) Congress shall authorize the end strength as of the end of each fiscal year for active-duty personnel for each component of the armed forces. No funds may be appropriated for any fiscal year to or for the use of the active-duty personnel of any component of the armed forces unless the end strength for active-duty personnel of that component for that fiscal year has been authorized by law. (2) Congress shall authorize the end strength as of the end of each fiscal year for civilian personnel for each component of the Department of Defense. No funds may be appropriated for any fiscal year to or for the use of the civilian personnel of any component of the Department of Defense unless the end strength for civilian personnel of that component for that fiscal year has been authorized by law. (3) The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, recommending the annual active duty end strength level for each component of the armed forces for the next fiscal year and the annual civilian personnel end strength level for each component of the Department of Defense for the next fiscal year, and shall include in that report justification for the strength levels recommended and an explanation of the relationship between the personnel strength levels recommended for that fiscal year and the national security policies of the United States in effect at the time. The justification and explanation shall specify in detail for all military forces including each land force division, carrier and other major combatant vessel, air wing, and other comparable unit, the (A) unit mission and capability; (B) strategy which the unit supports; and (C) area of deployment and illustrative areas of potential deployment, including a description of any United States commitment to defend such areas. It shall also include a detailed discussion of (i) the manpower required for support and overhead functions within the armed forces and the Department of Defense, (ii) the relationship of the manpower required for support and overhead functions to the primary combat missions and support policies, and (iii) the manpower required to be stationed or assigned to duty in foreign countries and aboard vessels located outside the territorial limits of the United States, its territories, and possessions. |