§ 80a-18. Capital structure of investment companies. * (k) The provisions of subparagraphs (A) and (B) of paragraph (1) of subsection (a) of this section shall not apply to investment companies operating under this chapter, and the provisions of paragraph (2) of said subsection shall not apply to such companies so long as such class of senior security shall be held or guaranted by the Small Business Administration. (As amended Pub. L. 85-699, title III, § 319, as added Pub. L. 92-595, § 2(g), Oct. 27, 1972, 86 Stat. 1316.) AMENDMENTS 1972 Subsec. (k). Section 319 of Pub. L. 85-699, as added by Pub. L. 92-595, added provision that subsec. (a)(2) shall not apply to companies operating under this chapter, so long as such class of senior security shall be held or guaranteed by the Small Business Administration. § 80a-27. Periodic payment plans. (f) Charges, statement; rules; surrender of certificates; regulations. With respect to any periodic payment plan (other than a plan under which the amount of sales load deducted from any payment thereon does not exceed 9 per centum of such payment), the custodian bank for such plan shall mail to each certificate holder, within sixty days after the issuance of the certificate, a statement of charges to be deducted from the projected payments on the certificate and a notice of his right of withdrawal as specified in this section. The Commission may make rules specifying the method, form, and contents of the notice required by this subsection. The certificate holder may within forty-five days of the mailing of the notice specified in this subsection surrender his certificate and receive in payment thereof, in cash, the sum of (1) the value of his account, and (2) an amount, from the underwriter or depositor, equal to the difference between the gross payments made and the net amount invested. The Commission may make rules and regulations applicable to underwriters and depositors of companies issuing any such certificate specifying Page 251 such reserve requirements as it deems necessary or appropriate in order for such underwriters and depositors to carry out the obligations to refund sales charges required by this subsection. (As amended Nov. 23, 1971, Pub. L. 92-165, 85 Stat. 487.) AMENDMENTS 1971-Subsec. (f). Pub. L. 92-165 inserted the parenthetical text "(other than a plan under which the amount of sales load deducted from any payment thereon does not exceed 9 per centum of such payment)". Chapter 6.-WEIGHTS AND MEASURES AND STANDARD TIME § 260a. Advancement of time or changeover dates. (a) Duration of period; State exemption. During the period commencing at 2 o'clock antemeridian on the last Sunday of April of each year and ending at 2 o'clock antemeridian on the last Sunday of October of each year, the standard time of each zone established by sections 261 to 264 of this title, as modified by section 265 of this title, shall be advanced one hour and such time as so advanced shall for the purposes of such sections 261 to 264, as so modified, be the standard time of such zone during such period; however, (1) any State that lies entirely within one time zone may by law exempt itself from the provisions of this subsection providing for the advancement of time, but only if that law provides that the entire State (including all political subdivisions thereof) shall observe the standard time otherwise applicable during that period, and (2) any State with parts thereof in more than one time zone may by law exempt either the entire State as provided in (1) or may exempt the entire area of the State lying within any time zone. (As amended Pub. L. 92-267, Mar. 30, 1972, 86 Stat. 116.) AMENDMENTS 1972 Subsec. (a). Pub. L. 92-267 authorized any State with parts thereof lying in more than one time zone to exempt by law that part of such State lying within any time zone from the provisions of this subsection providing for the advancement of time. Chapter 7.-THE BUREAU OF STANDARDS Sec. The Secretary of Commerce (hereinafter referred to as the "Secretary") is authorized to undertake the following functions: In carrying out the functions enumerated in this section, the Secretary is authorized to undertake the following activities and similar ones for which need may arise in the operations of Government agencies, scientific institutions, and industrial enterprises: (19) the compilation and publication of general scientific and technical data resulting from the performance of the functions specified herein or from other sources when such data are of importance to scientific or manufacturing interests or to the general public, and are not available elsewhere, including demonstration of the results of the Bureau's work by exhibits or otherwise as may be deemed most effective, and including the use of National Bureau of Standards scientific or technical personnel for part-time or intermittent teaching and training activities at educational institutions of higher learning as part of and incidental to their official duties and without additional compensation other than that provided by law. (As amended June 22, 1972, Pub. L. 92-317, § 3(b), 86 Stat. 235.) AMENDMENTS 1972-Par. (19). Pub. L. 92-317 added provisions authorizing the use of National Bureau of Standards personnel for teaching and training activities without additional compensation. § 273. Functions; for whom exercised. The Bureau is authorized to exercise its functions for the Government of the United States and for international organizations of which the United States is a member; for governments of friendly countries; for any State or municipal government within the United States; or for any scientific society, educational institution, firm, corporation, or individual within the United States or friendly countries engaged in manufacturing or other pursuits requiring the use of standards or standard measuring instruments: Provided, That the exercise of these functions for international organizations, governments of friendly countries and scientific societies, educational institutions, firms, corporations, or individuals therein shall be in coordination with other agencies of the United States Government, in particular the Department of State in respect to foreign entities. All requests for the services of the bureau shall be made in accordance with the rules and regulations established in sections 276 and 277 of this title. (As amended June 22, 1972, Pub. L. 92-317, § 3(c), 86 Stat. 235.) AMENDMENTS 1972-Pub. L. 92-317 authorized the Bureau to extend its services to international organizations of which the United States is a member, and for governments of friendly countries in coordination with the Department of State. § 278d. Construction and improvement of buildings and facilities. Within the limits of funds which are appropriated for the National Bureau of Standards, the Secretary of Commerce is authorized to undertake such construction of buildings and other facilities and to make such improvements to existing buildings, grounds, and other facilities occupied or used by the National Bureau of Standards as are necessary for the proper and efficient conduct of the activities authorized herein: Provided, That no improvement shall be made nor shall any building be constructed under this authority at a cost in excess of $75,000 unless specific provision is made therefor in the appropriation concerned. (As amended June 22, 1972, Pub. L. 92-317, § 3(d), 86 Stat. 235.) AMENDMENTS 1972-Pub. L. 92-317 substituted "$75,000" for "$40,000". § 278e. Functions and activities. In the performance of the functions of the National Bureau of Standards the Secretary of Commerce is authorized to undertake the following activities: (a) The purchase, repair, and cleaning of uniforms for guards; (b) the care, maintenance, protection, repair, and alteration of Bureau buildings and other plant facilities, equipment, and property; (c) the rental of field sites and laboratory, office, and warehouse space; (d) the purchase of reprints from technical journals or other periodicals and the payment of page charges for the publication of research papers and reports in such journals; (e) the furnishing of food and shelter without repayment therefor to employees of the Government at Arctic and Antarctic stations; (f) for the conduct of observations on radio propagation phenomena in the Arctic or Antarctic regions, the appointment of employees at base rates established by the Secretary of Commerce which shall not exceed such maximum rates as may be specified from time to time in the appropriation concerned, and without regard to the civil service and classification laws and sections 911-913, 921, and 922 of Title 5; and (g) the erection on leased property of specialized facilities and working and living quarters when the Secretary of Commerce determines that this will best serve the interests of the Government. (As amended June 22, 1972, Pub. L. 92-317, § 3(e), 86 Stat. 235.) AMENDMENTS 1972-Subsec. (b). Pub. L. 92-317 substituted "the care, maintenance, protection, repair, and alteration of Bureau buildings and other plant facilities, equipment, and property" for "the repair and alteration of buildings and other plant facilities". § 278f. Fire research and safety program; functions of Secretary of Commerce. Ex. ORD. No. 11654. FEDERAL FIRE COUNCIL Ex. Ord. No. 11654, Mar. 13, 1972, 37 F.R. 5361, provided: By virtue of the authority vested in me as President of the United States, and in furtherance of the purpose and policy of the Fire Research and Safety Act of 1968 (15 U.S.C. 2781-278g), it is hereby ordered as follows: SECTION 1. The Federal Fire Council, an advisory agency in matters relating to the protection of Federal employees and property from fire, which was established within the General Services Administration by Executive Order No. 7397 of June 20, 1936, as amended by Executive Order No. 10257 of June 23, 1951, is hereby transferred to and established in the Department of Commerce. The Federal Fire Council, hereinafter referred to as the Council, shall, in the exercise of its functions, be responsible to the Secretary of Commerce. The Secretary or his designee shall serve as Chairman of the Council. SEC. 2. Members of the Council, who shall serve without additional compensation, shall be officers or employees of the various departments and agencies of the Federal Government, and of the Government of the District of Columbia designated by the respective heads thereof. Each department and agency, and the Government of the District of Columbia, shall be entitled to designate one member of the Council and may designate such additional members as the governing body of the Council may authorize. SEC. 3. The Council shall have a governing body composed of the Chairman of the Council, who shall also serve as its Chairman, and representatives of the Secretaries of the Interior, Health, Education, and Welfare, Housing and Urban Development, the Army, the Navy, and the Air Force and of the Administrator of General Services. The Chairman shall appoint such other officers and committees as he may deem necessary to carry out the functions of the Council. SEC. 4. The Council is authorized to develop standards, procedures, and forms, and, on request, to conduct surveys or such other investigations as may be necessary to determine what measures should be taken to safeguard life and property from the hazards of fire, including review of plans for new construction. The Council is also authorized to make such independent studies of Federal buildings and property as it may deem desirable from the standpoint of fire protection and to maintain a record of fire losses on Government property. SEC. 5. The Council shall report the results of such investigations and studies to the head of the agency concerned, together with its recommendations. SEC. 6. In case of fires involving Government records, the agency concerned should notify the National Archives and Records Service of the General Services Administration and obtain its advice as to methods by which the maximum salvage of the records involved may be secured. SEC. 7. In carrying out their functions under this order, the Council, its governing body, and the Secretary of Commerce shall consult, as appropriate, with the Federal Advisory Council on Occupational Safety and Health established by Executive Order No. 11612 of July 26, 1971 [set out as a note under section 7902 of Title 5, Government Organization and Employees]. SEC. 8. Executive Orders No. 7397 of June 20, 1936, and No. 10257 of June 23, 1951, are hereby superseded. RICHARD NIXON § 278h. Availability of appropriated funds. Appropriations to carry out the provisions of sections 271 to 278 of this title may remain available for obligation and expenditure for such period or periods as may be specified in the Acts making such appropriations. (Mar. 3, 1901, c. 872, § 18, as added June 22, 1972, Pub. L. 92-317, § 3(a), 86 Stat. 235.) Chapter 9.-THE WEATHER BUREAU § 311. Establishment. CHANGE OF NAME In order to implement the provisions of Reorganization Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, the following organizational names appearing in chapter IX of subtitle B of Title 15, Code of Federal Regulations, which covers the administration of the National Oceanic and Atmospheric Administration, were changed by order of the Acting Associate Administrator, 35 F.R. 19249, Dec. 19, 1970, as follows: Environmental Science Services Administration to National Oceanic and Atmospheric Administration (ESSA to NOAA); Coast and Geodetic Survey to National Ocean Survey; and Weather Bureau to National Weather Service. TRANSFER OF FUNCTIONS The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein. §§ 312 to 315, 317, 318, 322, 325 to 328. TRANSFER OF FUNCTIONS The effective date of Reorg. Plan No. 4 of 1970, referred to in the notes under these sections in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein. § 328. Transfer from other Government Departments of surplus equipment and supplies for Arctic stations. 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. 330b. Duties of Secretary. (a) Records, maintenance; summaries, publication. (b) Public availability of reports, documents, and other information. (c) Disclosure of confidential information; prohibition; exceptions. 330c. Authority of Secretary. (a) Information; reports and records; inspec- 330d. Violation; penalty. As used in this chapter (1) The term "Secretary" means the Secretary of Commerce. (2) The term "person" means any individual, corporation, company, association, firm, partnership, society, joint stock company, any State or local government or any agency thereof, or any other organization, whether commercial or nonprofit, who is performing weather modification activities, except where acting solely as an employee, agent, or independent contractor of the Federal Government. (3) The term "weather modification" means any activity performed with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere. (4) The term "United States" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or insular possession of the United States. (Pub. L. 92-205, § 1, Dec. 18, 1971, 85 Stat. 735.) § 330a. Report requirement; form; information; time of submission. No person may engage, or attempt to engage, in any weather modification activity in the United States unless he submits to the Secretary such reports with respect thereto, in such form and containing such information, as the Secretary may by rule prescribe. The Secretary may require that such reports be submitted to him before, during, and after any such activity or attempt. (Pub. L. 92-205, § 2, Dec. 18, 1971, 85 Stat. 736.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 330d of this title. § 330b. Duties of Secretary. (a) Records, maintenance; summaries, publication. The Secretary shall maintain a record of weather modification activities, including attempts, which take place in the United States and shall publish summaries thereof from time to time as he determines. (b) Public availability of reports, documents, and other information. All reports, documents, and other information received by the Secretary under the provisions of this chapter shall be made available to the public to the fullest practicable extent. (c) Disclosure of confidential information; prohibition; exceptions. In carrying out the provisions of this section, the Secretary shall not disclose any information referred to in section 1905 of Title 18 and is otherwise unavailable to the public, except that such information shall be disclosed (1) to other Federal Government departments, agencies, and officials for official use upon request; (2) in any judicial proceeding under court order formulated to preserve the confidentiality of such information without impairing the proceeding; and (3) to the public if necessary to protect their health and safety. (Pub. L. 92-205, § 3, Dec. 18, 1971, 85 Stat. 736.) § 330c. Authority of Secretary. (a) Information; reports and records; inspection; availability of data from any Federal agency as limitation of authority. The Secretary may obtain from any person whose activities relate to weather modification by rule, subpena, or otherwise such information in the form of testimony, books, records, or other writings, may require the keeping and furnishing of such reports and records, and may make such inspection of the books, records, and other writings and premises and property of any person as may be deemed necessary or appropriate by him to carry out the provisions of this chapter, but this authority shall not be exercised to obtain any information with respect to which adequate and authoritative data are available from any Federal agency. (b) Noncompliance; application of Attorney General; jurisdiction; orders; contempts. In case of contumacy by, or refusal to obey a subpena served upon any person pursuant to this section, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the Attorney General, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof. (Pub. L. 92-205, § 4, Dec. 18, 1971, 85 Stat. 736.) § 330d. Violation; penalty. Any person who knowingly and willfully violates section 330a of this title, or any rule issued thereunder, shall upon conviction thereof be fined not more than $10,000. (Pub. L. 92–205, § 5, Dec. 18, 1971, 85 Stat. 736.) § 330e. Authorization of appropriations. There are authorized to be appropriated $150,000 for the fiscal year ending June 30, 1972, and $200,000 each for the fiscal years ending June 30, 1973, and June 30, 1974, to carry out the provisions of this chapter. (Pub. L. 92–205, § 6, Dec. 18, 1971, 85 Stat. 736.) Chapter 14.-RECONSTRUCTION FINANCE §§ 601, 605, 606, 607, 608, 609, 611. SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in title 50 section 98e. Chapter 14A.-AID TO SMALL BUSINESS § 631. Declaration of policy. EXECUTIVE ORDER NO. 11458 Ex. Ord. No. 11458, Mar. 5, 1969, 34 F.R. 4937, set out as a note under this section, which related to a national program for minority business enterprise, was superseded by Ex. Ord. No. 11625, Oct. 13, 1971, 36 F.R. 19967, set out as a note under this section. Ex. ORD. No. 11625. NATIONAL PROGRAM FOR MINORITY BUSINESS ENTERPRISE Ex. Ord. No. 11625, Oct. 13, 1971, 36 F.R. 19967, provided: The opportunity for full participation in our free enterprise system by socially and economically disadvantaged persons is essential if we are to obtain social and economic Justice for such persons and improve the functioning of our national economy. The Office of Minority Business Enterprise, established in 1969, greatly facilitated the strengthening and expansion of our minority enterprise program. In order to take full advantage of resources and opportunities in the minority enterprise field, we now must build on this foundation. One important way of improving our efforts is by clarifying the authority of the Secretary of Commere (a) to implement Federal policy in support of the minority business enterprise program; (b) provide additional technical and management assistance to disadvantaged business; (c) to assist in demonstration projects; and (d) to coordinate the participation of all Federal departments and agencies in an increased minority enterprise effort. NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. Functions of the Secretary of Commerce. (a) The Secretary of Commerce (hereinafter referred to as "the Secretary") shall (1) Coordinate as consistent with law the plans, programs, and operations of the Federal Government which affect or may contribute to the establishment, preservation, and strengthening of minority business enterprise. (2) Promote the mobilization of activities and resources of State and local governments, businesses and trade associations, universities, foundations, professional organizations, and volunteer and other groups towards the growth of minority business enterprises, and facilitate the coordination of the efforts of these groups with those of Federal departments and agencies. (3) Establish a center for the development, collection, summarization, and dissemination of information that will be helpful to persons and organizations throughout the Nation in undertaking or promoting the establishment and successful operation of minority business enterprise. |