Bank Board, and after such study, investigation, and hearings (at which representatives of consumers groups shall be allowed to testify) as he deems appropriate, shall, not less than three years nor more than five years from the effective date of this chapter, report to the Congress on whether, in view of the implementation of the provisions of this chapter imposing certain requirements and prohibiting certain practices in connection with real estate settlements, there is any necessity for further legislation in this area.

(b) Scope of report; specific practices or problems and corrective measures; cost burden for real estate settlement services; Federal regulation of charges and regulatory scheme; local government recordation of land title information and Federal assistance for development of a model system. If the Secretary concludes that there is necessity for further legislation, he shall report to the Congress on the specific practices or problems that should be the subject of such legislation and the corrective measures that need to be taken. In addition, the Secretary shall include in his report

(1) recommendations on the desirability of requiring lenders of federally related mortgage loans to bear the costs of particular real estate settlement services that would otherwise be paid for by borrowers;

(2) recommendations on whether Federal regulation of the charges for real estate settlement services in federally related mortgage transactions is necessary and desirable, and, if he concludes that such regulation is necessary and desirable, a description and analysis of the regulatory scheme he believes Congress should adopt; and

(3) recommendations on the ways in which the Federal Government can assist and encourage local governments to modernize their methods for the recordation of land title information, including the feasibility of providing financial assistance or incentives to local governments that seek to adopt one of the model systems developed by the Secretary in accordance with the provisions of section 2611 of this title.

(Pub. L. 93-533, § 14, Dec. 22, 1974, 88 Stat. 1730.)

REFERENCES IN TEXT

For classification of "this chapter", referred to in subsec. (a), which read in the original "this Act", meaning the Real Estate Settlement Procedures Act of 1974, see Short Title note under section 2601 of this title.

EFFECTIVE DATE

Section effective 180 days after Dec. 22, 1974, see section 19 of Pub. L. 93-533, set out as a note under section 2601 of this title.

§ 2613. Demonstration to determine feasibility of including statements of settlement costs in special information booklets; report to Congress.

The Secretary shall, on a demonstration basis in selected housing market areas, have prepared and inIcluded in the special information booklets required to be furnished under section 2604 of this title. statements of the range of costs for specific settlement services in such areas. Not later than June 30, 1976, the Secretary shall transmit to the Congress a full report on the demonstration conducted under this

40-190 0 75 -Vol. 1- - 46

section. Such report shall contain the Secretary's assessment of the feasibility of preparing and including settlement cost range statements for all housing market areas in the special information booklets for such areas. (Pub. L. 93-533, § 15, Dec. 22, 1974, 88 Stat. 1730.)

EFFECTIVE DATE

Section effective 180 days after Dec. 22, 1974, see section. 19 of Pub. L. 93-533, set out as a note under section 2601 of this title.

§ 2614. Jurisdiction of courts; limitations.

Any action to recover damages pursuant to the provisions of section 2605, 2607, or 2608 of this title may be brought in the United States district court for the district in which the property involved is located, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation. (Pub. L. 93-533, § 16, Dec. 22, 1974, 88 Stat. 1731.)

EFFECTIVE DATE

Section effective 180 days after Dec. 22, 1974, see section 19 of Pub. L. 93-533, set out as a note under section 2601 of this title.

§ 2615. Contracts and liens; validity.

Nothing in this chapter shall affect the validity or enforceability of any sale or contract for the sale of real property or any loan, loan agreement, mortgage, or lien made or arising in connection with a federally related mortgage loan. (Pub. L. 93-533, $ 17, Dec. 22, 1974, 88 Stat. 1731.)

REFERENCES IN TEXT

For classification of "this chapter", which read in the original "this Act", meaning the Real Estate Settlement Procedures Act of 1974, see Short Title note under section 2601 of this title.

EFFECTIVE DATE

Section effective 180 days after Dec. 22, 1974, see section 19 of Pub. L. 93-533, set out as a note under section 2601 of this title.

§ 2616. State laws unaffected; inconsistent Federal and State provisions; good faith.

(a) This chapter does not annul, alter, or affect, or exempt any person subject to the provisions of this chapter from complying with, the laws of any State with respect to settlement practices, except to the extent that those laws are inconsistent with any provisions of this chapter, and then only to the extent of the inconsistency. The Secretary is authorized to determine whether such inconsistencies exist. The Secretary may not determine that any State law is inconsistent with any provision of this chapter if the Secretary determines that such law gives greater protection to the consumer. In making these determinations the Secretary shall consult with the appropriate Federal agencies.

(b) No provision of this chapter or of the laws of any State imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Secretary, notwithstanding that after such act or omission has occurred such rule, regulation, or interpretation is amended, rescinded, or determined

TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 5 section 552a.

Chapter 1.-ADMINISTRATION

§ 8. Certified copies of certain returns; other data; restriction on use; disposition of fees received.

SECTION REFERRED TO IN OTHER SECTIONS This title is referred to in title 5 section 552a.

Chapter 3.-COLLECTION AND PUBLICATION OF STATISTICS

§ 42. Contents of reports; number of bales of linter; distribution; publication by Department of Agriculture.

(a) The statistics of the quantity of cotton ginned shall show the quantity ginned from each crop prior to August 1, September 1, September 15, October 1, October 15, November 1, November 15, December 1, December 15, January 1, January 15, February 1, and March 1; but the Secretary may limit the canvasses of August 1 and September 1 to those sections of the cotton growing States in which cotton has been ginned.

(As amended June 30, 1972, Pub. L. 92-331, § 4, 86 Stat. 400.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-331 substituted "September 1, September 15, October 1, October 15, November 1, November 15, December 1, December 15, January 1, January 15, February 1," for "August 16, September 1, September 16, October 1, October 18, November 1, November 14, December 1, December 13, January 16," and "September 1" for "August 16".

§ 43. Records and reports of cotton ginners.

Every cotton ginner shall keep a record of the county or parish in which each bale of cotton ginned by him is grown and report at the completion of the ginning season, but not later than the March canvass, of each year a segregation of the total number of bales ginned by counties or parishes in which grown. (As amended Oct. 15, 1971, Pub. L. 92-143, 85 Stat. 393.)

AMENDMENTS

1971-Pub. L. 92-143 inserted "completion of the ginning season, but not later than the."

§ 45. Simultaneous publication of cotton reports.

The reports of cotton ginned to the dates as of which the Department of Agriculture is also required to issue cotton crop reports shall be issued simultaneously with the cotton crop reports of that department, the two reports to be issued from the same place at 3 o'clock postmeridian on or before the 12th day of the month to which the respective rePage 683

ports relate. (As amer.ded June 30, 1972, Pub. L. 92331, § 3, 86 Stat. 400.)

AMENDMENTS

1972-Pub. L. 92-331 substituted provisions requiring the two reports to be issued from the same place at 3 o'clock postmeridian on or before the 12th day of the month to which the respective reports relate for provisions requiring the two reports to be issued from the same place at 11 o'clock antemeridian on the 8th day following that on which the respective reports relate, and struck out provisions setting forth the date of release in the event the original release date falls on a Sunday, legal holiday, or other nonworkday in the Department of Commerce at Washington.

Chapter 5.-CENSUSES

§ 142. Agriculture, irrigation, and drainage.

1974 AGRICULTURAL CENSUS; SUBMISSION ΤΟ CONGRESS WITHIN 30 DAYS FROM AUGUST 10, 1973 OF ESTIMATE OF FUNDS NEEDED FOR CENSUS.

Pub. L. 91-524, Title VIII, § 818, as added by Pub. L. 93-86, § 1(27) (B), Aug. 10, 1973, 87 Stat. 241, provided that: "Notwithstanding any other provision of law, the Secretary of Commerce shall conduct a census of agriculture in 1974 as required by section 142 of title 13, United States Code [this section], and shall submit to the Congress within thirty days after the date of enactment of the Agriculture and Consumer Protection Act of 1973 [Aug. 10, 1973], an estimate of the funds needed to conduct such census.' "

Chapter 9.-COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE STATISTICS

§ 301. Collection and publication.

(a) The Secretary is authorized to collect information from all persons exporting from, or importing into, the United States and the noncontiguous areas over which the United States exercises sovereignty, jurisdiction, or control, and from all persons engaged in trade between the United States and such noncontiguous areas and between those areas, or from the owners, or operators of carriers engaged in such foreign commerce or trade, and shall compile and publish such information pertaining to exports, imports, trade, and transportation relating thereto, as he deems necessary or appropriate to enable him to foster, promote, develop, and further the commerce, domestic and foreign, of the United States and for other lawful purposes.

(b) The Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, on quarterly and cumulative bases, statistics on United States imports for consumption and United States exports by country and by product. Statistics on United States imports shall be submitted in accordance with the Tariff Schedules of the United States

Annotated and general statistical headnote 1 thereof, in detail as follows:

(1) net quantity;

(2) United States customs value;
(3) purchase price or its equivalent;
(4) equivalent of arm's length value;

(5) aggregate cost from port of exportation to United States port of entry;

(6) a United States port of entry value comprised of (5) plus (4), if applicable, or, if not applicable, (5) plus (3); and

(7) for transactions where (3) and (4) are equal, the total value of such transactions. The data for paragraphs (1), (2), (3), (5), and (6) shall be reported separately for nonrelated and related party transactions, and shall also be reported as a total of all transactions.

(c) In submitting any information under subsection (b) with respect to exports, the Secretary shall state separately from the total value of all exports—

(1) (A) the value of agricultural commodities exported under the Agricultural Trade Development and Assistance Act of 1954, as amended; and (B) the total amount of all export subsidies paid to exporters by the United States under such Act for the exportation of such commodities; and

(2) the value of goods exported under the Foreign Assistance Act of 1961.

(d) To assist the Secretary to carry out the provisions of subsections (b) and (c) —

(1) the Secretary of Agriculture shall furnish information to the Secretary concerning the value of agricultural commodities exported under provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended, and the total amounts of all export subsidies paid to exporters by the United States under such Act for the exportation of such commodities; and

(2) the Secretary of State shall furnish information to the Secretary concerning the value of goods exported under the provisions of the Foreign Assistance Act of 1961, as amended. (As amended Pub. L. 93-618, title VI, § 609 (a), Jan. 3, 1975, 88 Stat. 2075.)

REFERENCES IN TEXT

The Tariff Schedules of the United States, referred to in subsec. (b), are set out in section 1202 of Title 19, Customs Duties.

The Agricultural Trade Development and Assistance Act of 1954, as amended, referred to in subsec. (c) (1) (A), (d) (2), is classified to section 1691 et seq. of Title 7, Agriculture.

The Foreign Assistance Act of 1961, referred to in subsec. (c) (2), (d) (2), is classified to section 2151 et seq. of Title 22, Foreign Relations and Intercourse.

AMENDMENTS

1975-Pub. L. 93-618 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).

EFFECTIVE DATE OF 1975 AMENDMENT

Section 609 (b) of Pub. L. 93-618 provided that: "The amendments made by subsection (a) [enacting subsecs. (b) to (d)] shall take effect on January 1, 1975."

TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 10 sections 1006, 3814a.

Chapter 1.-ESTABLISHMENT AND DUTIES § 2. Primary duties.

The Coast Guard shall enforce or assist in the enforcement of all applicable Federal laws on and under the high seas and waters subject to the jurisdiction of the United States; shall administer laws and promulgate and enforce regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States covering all matters not specifically delegated by law to some other executive department; shall develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, icebreaking facilities, and rescue facilities for the promotion of safety on, under, and over the high seas and waters subject to the jurisdiction of the United States; shall, pursuant to international agreements, develop, establish, maintain, and operate icebreaking facilities on, under, and over waters other than the high seas and waters subject to the jurisdiction of the United States; shall engage in oceanographic research of the high seas and in waters subject to the jurisdiction of the United States; and shall maintain a state of readiness to function as a specialized service in the Navy in time of war. (Aug. 4, 1949, ch. 393, 63 Stat. 496, amended Oct. 5, 1961, Pub. L. 87-396, § 1, 75 Stat. 827; June 12, 1970, Pub. L. 91-278, § 1(1), 84 Stat. 304; Dec. 13, 1974, Pub. L. 93-519, 88 Stat. 1659.)

AMENDMENTS

1974-Pub. L. 93-519 added the provision requiring the Coast Guard to develop, establish, maintain and operate, pursuant to international agreements, icebreaking facilities in waters other than those subject to the jurisdiction of the United States.

Chapter 3.-COMPOSITION AND ORGANIZATION

Sec.

47. Vice Commandant; assignment; retirement. 50. Area commanders.

51. Retirement.

AMENDMENTS

1972-Pub. L. 92-451, § 1(8), Oct. 2, 1972, 86 Stat. 756 substituted "Vice Commandant" for "Assistant Commandant" in item 47 and added items 50 and 51.

§ 41. Grades and ratings.

In the Coast Guard there shall be an admiral, vice admirals; rear admirals; captains; commanders; lieutenant commanders; lieutenants; lieutenants (junior grade); ensigns; chief warrant officers, W-4; chief warrant officers, W-3; chief warrant officers, W-2; cadets; warrant officers, W-1; and enlisted men. Enlisted men shall be distributed in ratings Page 685

established by the Secretary. (As amended Oct. 2, 1972, Pub. L. 92-451, § 1(1), 86 Stat. 755.)

AMENDMENTS

1972-Pub. L. 92-451 substituted "vice admirals" for "a vice admiral".

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as a note under section 290 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 46 section 1481.

§ 41a. Active duty promotion list.

(a) The Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Retired officers and officers of the permanent commissioned teaching staff of the Coast Guard Academy shall not be included on the active duty promotion list. Reserve officers on extended active duty, other than those serving in connection with organizing, administering, recruiting, instructing, or training the Reserve components or assigned to the Selective Service System, shall be included on the active duty promotion list.

(e) Officers who are not included on the active duty promotion list, officers serving as extra numbers in grade under sections 432 and 433 of this title, and officers serving with other departments or agencies on a reimbursable basis or excluded under the provisions of section 9(d)(1) of the Department of Transportation Act (80 Stat. 944; 49 U.S.C. 1657), shall not be counted in determining authorized strengths under subsection (c) and shall not count against those strengths. The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components shall be prescribed by the Secretary. (As amended Oct. 2, 1972, Pub. L. 92-451, § 1(2), 86