[House Report 117-188]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      117-188

======================================================================

 
TO MAKE TECHNICAL AMENDMENTS TO UPDATE STATUTORY REFERENCES TO CERTAIN 
PROVISIONS CLASSIFIED TO TITLE 7, UNITED STATES CODE, TITLE 20, UNITED 
             STATES CODE, AND TITLE 43, UNITED STATES CODE

                                _______
                                

 November 30, 2021.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Nadler, from the Committee on the Judiciary, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5679]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5679) to make technical amendments to update 
statutory references to certain provisions classified to title 
7, United States Code, title 20, United States Code, and title 
43, United States Code.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
Committee Estimate of Budgetary Effects..........................     4
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     4
Duplication of Federal Programs..................................     4
Performance Goals and Objectives.................................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    Following up on the Office of the Law Revision Counsel's 
(OLRC) editorial reclassification of certain provisions 
classified to titles 7, 20, and 43 of the United States Code 
(the Code), H.R. 5679 would update statutory references to 
those reclassified provisions in other Code titles.

                Background and Need for the Legislation

    The House has assigned to the Judiciary Committee 
responsibility for the ``Revision and codification of the 
Statutes of the United States.''\1\ In modern practice, this 
responsibility entails periodically updating the United States 
Code (``the Code''). Currently organized in 54 titles based on 
subject matter, the Code contains all of the general and 
permanent laws of the United States.
---------------------------------------------------------------------------
    \1\Clause 1(l)(17) of House Rule X.
---------------------------------------------------------------------------
    Congress created the Code in 1926 to compile federal laws 
into a sensible, up-to-date collection that would spare people 
the labor of searching for laws in the chronologically-
organized volumes of the Statutes at Large.\2\ To date, 27 of 
these 54 titles have been enacted into ``positive law,'' which 
means the text of these titles is itself the law,\3\ while the 
remaining titles are ``non-positive,'' meaning that they 
organize federal statutes for users' convenience, but do not 
themselves have the force of law.\4\
---------------------------------------------------------------------------
    \2\The Statutes at Large is the collection of laws passed in a 
particular session of Congress, arranged in sequence by public law 
number, https://www.archives.gov/federal-register/publications/
statutes.html. The content of the Statutes at Large is considered 
``legal evidence of laws, concurrent resolutions, treaties, 
international agreements other than treaties, proclamations by the 
President, and proposed or ratified amendments to the Constitution of 
the United States therein contained, in all the courts of the United 
States, the several States, and the Territories and insular possessions 
of the United States.'' 1 U.S.C. Sec.  112.
    \3\For example, H.R. 2694 (117th Congress) proposes amending Title 
18 (``Crimes and Criminal Procedure''), which is a positive title of 
the U.S. Code, so it is drafted to directly amend a provision of that 
title (``Section 4285 of title 18, United States Code, is amended in 
the first sentence. . . .''). The content of positive-law Code titles 
is considered ``legal evidence of the laws therein contained, in all 
the courts of the United States, the several States, and the 
Territories and insular possessions of the United States.'' 1 U.S.C. 
Sec.  204.
    \4\For example, H.R. 2922 (117th Congress) proposes amending 
section 101(b) of the Elder Abuse Prevention and Prosecution Act, which 
is compiled in Title 34 (``Crime Control and Law Enforcement''), a non-
positive title of the Code. In this situation, the bill amends the 
underlying law and includes a parenthetical citation to its location in 
Title 34 as a convenience (``Section 101(b) of the Elder Abuse 
Prevention and Prosecution Act (34 U.S.C. 21711(b)) is amended to 
read''). The contents of non-positive titles ``establish prima facie 
the laws of the United States, general and permanent in their nature, 
in force on the day preceding the commencement of the session following 
the last session the legislation of which is included.'' 1 U.S.C. Sec.  
204.
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    The entity responsible for updating the Code as Congress 
passes new laws or amends existing ones is the Office of the 
Law Revision Counsel (OLRC).\5\ Established within the House of 
Representatives, OLRC's purpose is ``to develop and keep 
current an official and positive codification of the laws of 
the United States,'' while maintaining strict impartiality as 
to issues of legislative policy.\6\ The Judiciary Committee 
plays an essential role in two of OLRC's important functions.
---------------------------------------------------------------------------
    \5\Office of the Law Revision Counsel (hereinafter OLRC), U.S. 
Code, home page, https://uscode.house.gov/.
    \6\H. Res. 988 (93d Congress), Sec.  205(c), as enacted into law by 
Pub. L. 93-554 (2 U.S.C. Sec.  285a).
---------------------------------------------------------------------------
    OLRC is required:
          (1) To prepare, and submit to the Committee on the 
        Judiciary one title at a time, a complete compilation, 
        restatement, and revision of the general and permanent 
        laws of the United States which conforms to the 
        understood policy, intent, and purpose of the Congress 
        in the original enactments, with such amendments and 
        corrections as will remove ambiguities, contradictions, 
        and other imperfections both of substance and of form, 
        separately stated, with a view to the enactment of each 
        title as positive law.
    The Judiciary Committee therefore plays a key role in 
maintaining the accuracy of the U.S. Code. OLRC regularly 
submits to the Committee proposed legislation that carries out 
its mission to keep the Code current and correct. The Judiciary 
Committee then considers and reports this legislation to the 
House. If the legislation passes into law, OLRC implements the 
changes in the Code.
    H.R. 5679 is the result of several ``editorial 
reclassification'' efforts that OLRC has undertaken in recent 
years to better organize the Code's non-positive titles. 
According to OLRC, the purpose of editorial reclassification 
is, ``to reorganize areas of law that have outgrown their 
original boundaries, or to eliminate organizational units that 
are no longer efficient.''\7\ Without altering any statutory 
language, OLRC relocates and rearranges provisions to make the 
organization of titles more logical and accessible. As a result 
of these editorial classifications, statutory references in 
other titles of the Code must also be updated.
---------------------------------------------------------------------------
    \7\OLRC web site, Editorial Reclassification, https://
uscode.house.gov/editorialreclassification/reclassification.html.
---------------------------------------------------------------------------
    In 2017, OLRC moved provisions from chapter 17 
(``Miscellaneous Matters'') in title 7 (Agriculture) into other 
sections in title 7 and, in a few cases, into titles 16 
(Conservation) and 21 (Food and Drugs). OLRC also deleted a few 
provisions from chapter 17 as obsolete.\8\
---------------------------------------------------------------------------
    \8\ OLRC web site, Editorial Reclassification, Title 7, U.S. Code, 
https://uscode.house.gov/editorialreclassification/t7/index.html.
---------------------------------------------------------------------------
    In 2016, OLRC moved part C of title IV of the Higher 
Education Act of 1965 from title 42 (The Public Health and 
Welfare) to title 20 of the Code (Education) and made a few 
more conforming changes to the structure of title 20.\9\ OLRC 
explained that before this reorganization, it was ``awkward and 
confusing'' to cite to the Higher Education Act and the portion 
of the law appearing in title 42 was easily overlooked. It 
continued:

    \9\OLRC web site, Editorial Reclassification, Title 20, U.S. Code, 
https://uscode.house.gov/editorialreclassification/t20/index.html.

          Transferring part C of title IV of the Act from its 
        former location in Title 42 to its proper location in 
        Title 20 brought the structure of the Code into logical 
        correspondence with the structure of the Act and 
        simplified references to the Act.\10\
---------------------------------------------------------------------------
    \10\Id.

    In 2017, OLRC moved provisions from chapter 28 
(``Miscellaneous Provisions Relating to Public Lands'') in 
title 43 (Public Lands) into other sections in title 43 and, in 
a few cases, into title 25 (Indians). OLRC also deleted a few 
provisions from chapter 28 as obsolete.\11\
---------------------------------------------------------------------------
    \11\OLRC web site, Editorial Reclassification, Title 43, U.S. Code, 
https://uscode.house.gov/editorialreclassification/t43/index.html.
---------------------------------------------------------------------------
    In the 115th Congress, the Judiciary Committee ordered 
reported a bill (sponsored by Rep. King of Iowa) making the 
necessary changes to cross-references in other titles of the 
Code affected by these three editorial reclassification 
efforts.\12\ H.R. 5679 is an updated version of this 
legislation.
---------------------------------------------------------------------------
    \12\H.R. 5283 (115th Cong.).
---------------------------------------------------------------------------

                                Hearings

    The Committee did not hold any hearings related to H.R. 
5679.

                        Committee Consideration

    On November 3, 2021, the Committee met in open session and 
ordered the bill, H.R. 5679, favorably reported without an 
amendment, by a voice vote, a quorum being present.

                            Committee Votes

    No roll call votes occurred during the Committee's 
consideration of H.R. 5679.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House Rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of House Rule X, are incorporated in the descriptive portions 
of this report.

                Committee Estimate of Budgetary Effects

    Pursuant to clause 3(d)(1) of House Rule XIII, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(2) of House Rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause (3)(c)(3) of House Rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received from the Director of Congressional Budget 
Office (CBO) a budgetary analysis and a cost estimate of this 
bill. Based on CBO's analysis of a similar bill (H.R. 3239) 
transmitted to the Committee on June 14, 2021, the Committee 
estimates that H.R. 5679 would have no effect on the federal 
budget.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House Rule XIII, no provision 
of H.R. 5679 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House Rule XIII, H.R. 5679 would help implement editorial 
reclassifications to portions of the United States Code, with 
the goal of improving and modernizing the overall organization 
of the Code.

                          Advisory on Earmarks

    In accordance with clause 9 of House Rule XXI, H.R. 5679 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clause 9(d), 
9(e), or 9(f) of House Rule XXI.

                      Section-by-Section Analysis

    Section 1 of the bill updates a statutory reference in 
title 5, United States Code.
    Section 2 of the bill updates statutory references in title 
7, United States Code.
    Section 3 of the bill updates a statutory reference in 
title 11, United States Code.
    Section 4 of the bill updates statutory references in title 
16, United States Code.
    Section 5 of the bill updates statutory references in title 
20, United States Code.
    Section 6 of the bill updates a statutory reference in 
title 21, United States Code.
    Section 7 of the bill updates a statutory reference in 
title 26, United States Code.
    Section 8 of the bill updates statutory references in title 
42, United States Code.
    Section 9 of the bill updates statutory references in title 
43, United States Code.
    Section 10 of the bill updates a statutory reference in 
title 48, United States Code.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of House Rule XIII, changes 
in existing law made by the bill, H.R. 5679, as reported, are 
shown as follows:

                Changes in Existing Law Made by the Bill

    Set out below is a comparative print showing changes in 
existing law proposed by the bill. Insertions are shown in 
italic and omissions are surrounded by brackets.

             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

Sec. 5109(a)

Sec. 5109. Positions classified by statute

    (a) The position held by an employee of the Department of 
Agriculture while he, under section [section 450d of title 7] 
section 2204-2 of title 7, is designated and vested with a 
delegated regulatory function or part thereof shall be 
classified in accordance with this chapter, but not lower than 
GS-14.

                          TITLE 7--AGRICULTURE

Sec. 136w-7(a)(1) (Federal Insecticide, Fungicide, and Rodenticide Act, 
                    Sec. 32(a)(1))

SEC. 32. DEPARTMENT OF AGRICULTURE MINOR USE PROGRAM.

    (a) In General.--The Secretary of Agriculture (hereinafter 
in this section referred to as the ``Secretary'') shall assure 
the coordination of the responsibilities of the Department of 
Agriculture related to minor uses of pesticides, including--
          (1) carrying out the Inter-Regional Project Number 4 
        (IR-4) as described in section 2 of Public Law 89-106 
        [(7 U.S.C. 450i(e))] (7 U.S.C. 3157(e)) and the 
        national pesticide resistance monitoring program 
        established under section 1651 of the Food, 
        Agriculture, Conservations, and Trade Act of 1990 (7 
        U.S.C. 5882);

Sec. 136w-8(b)(7)(E)(i) (Federal Insecticide, Fungicide, and 
                    Rodenticide Act, Sec. 33(b)(7)(E)(i))

SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.

           *       *       *       *       *       *       *


    (b) Fees.--

           *       *       *       *       *       *       *

          (7) Waivers and reductions.--

           *       *       *       *       *       *       *

                  (E) IR-4 waiver.--The Administrator shall 
                waive the registration service fee for an 
                application if the Administrator determines 
                that--
                          (i) the application is solely 
                        associated with a tolerance petition 
                        submitted in connection with the Inter-
                        Regional Project Number 4(IR-4) as 
                        described in section 2 of Public Law 
                        89-106 [(7 U.S.C. 450i(e))] (7 U.S.C. 
                        3157(e)); and

Sec. 3202(b) (Food, Conservation, and Energy Act of 2008, title VII, 
                    Sec. 7521(b))

SEC. 7521. RESEARCH AND EDUCATION GRANTS FOR THE STUDY OF ANTIBIOTIC-
                    RESISTANT BACTERIA.

           *       *       *       *       *       *       *


    (b) Administration.--Paragraphs (4), (7), (8), and (11)(B) 
of subsection (b) of the Competitive, Special, and Facilities 
Research Grant Act [(7 U.S.C. 450i)] (7 U.S.C. 3157(b)) shall 
apply with respect to the making of grants under this section.

Sec. 3222(b)(3)(B) (National Agricultural Research, Extension, and 
                    Teaching Policy Act of 1977, Sec. 1445(b)(3)(B))

 AGRICULTURAL RESEARCH AT 1890 LAND GRANT COLLEGES, INCLUDING TUSKEGEE 
                               UNIVERSITY

    Sec. 1445.* * *
    (b) Distribution of Funds.--

           *       *       *       *       *       *       *

          (3) Distributions.--

           *       *       *       *       *       *       *

                  (B) Base amount.--Funds up to the total 
                amount made available to all eligible 
                institutions in the fiscal year ending 
                September 30, 1978, under section 2 of the Act 
                of August 4, 1965 [(79 Stat. 431; 7 U.S.C. 
                450i)] (79 Stat. 431; 7 U.S.C. 3157), shall be 
                allocated among the eligible institutions in 
                the same proportions as funds made available 
                under section 2 of the Act of August 4, 1965, 
                for the fiscal year ending September 30, 1978, 
                were allocated among the eligible institutions 
                as so designated as of that date.

Sec. 3311(c) (National Agricultural Research, Extension, and Teaching 
                    Policy Act of 1977, Sec. 1463(c))

     AUTHORIZATION FOR APPROPRIATIONS FOR EXISTING AND CERTAIN NEW 
                     AGRICULTURAL RESEARCH PROGRAMS

    Sec. 1463.* * *
    (c) Notwithstanding any other provision of law effective 
beginning October 1, 1983, not less than 25 per centum of the 
total funds appropriated to the secretary in any fiscal year 
for the conduct of the cooperative research program provided 
for under the Act of March 2, 1887, commonly known as the Hatch 
Act (7 U.S.C. 361a et seq.); the cooperative forestry research 
program provided for under the Act of October 10, 1962, 
commonly known as the McIntire-Stennis Act (16 U.S.C. 582a et 
seq.); the special and competitive grants programs provided for 
in sections 2(b) and 2(c) of the Act of August 4, 1965 [(7 
U.S.C. 450i)] (7 U.S.C. 3157(b), (c)); the animal health 
research program provided for under sections 1433(a) and 1434 
of this title; * * *

Sec. 3315(a)(1) (National Agricultural Research, Extension, and 
                    Teaching Policy Act of 1977, Sec. 1469(a)(1))

    AUDITING, REPORTING, BOOKKEEPING, AND ADMINISTATIVE REQUIREMENTS

    Sec. 1469. (a) In General.--Except as provided elsewhere in 
this Act or any other Act of Congress--
          (1) assistance provided under this title shall be 
        subject to the provisions of [sections 2(e), 2(f), and 
        2(h) of the Act of August 4, 1965 (79 Stat. 431; 7 
        U.S.C. 450i)] sections 2(f), 2(g), and 2(i) of the Act 
        of August 4, 1965 (79 Stat. 431; 7 U.S.C. 3157(f), (g), 
        (i)), as amended by section 1414 of this title;

Sec. 3319 (National Agricultural Research, Extension, and Teaching 
                    Policy Act of 1977, Sec. 1473)

    RESTRICTION ON TREATMENT OF INDIRECT COSTS AND TUITION REMISSION

    Sec. 1473. Funds made available by the Secretary under 
established Federal-State partnership arrangements to State 
cooperative institutions under the Acts referred to in section 
1404(18) of this title and funds made available under 
subsection (c)(1)(B) of section 2 of the Act of August 4, 1965 
[(7 U.S.C. 450i)] (7 U.S.C. 3157(c)(1)(B)) shall not be subject 
to reduction for indirect costs or for tuition remission. No 
indirect costs or tuition remission shall be charged against 
funds in connection with cooperative agreements between the 
Department of Agriculture and State cooperative institutions if 
the cooperative program or project involved is of mutual 
interest to all the parties and if all the parties contribute 
to the cooperative agreement involved. The prohibition on the 
use of such funds for the reimbursement of indirect costs shall 
not apply to funds for international agricultural programs 
conducted by a State cooperative institution and administered 
by the Secretary or to funds provided by a Federal agency for 
such cooperative program or project through a fund transfer, 
advance, or reimbursement. The Secretary shall limit the amount 
of such reimbursement to an amount necessary to carry out such 
program or agreement.

Sec. 5924(d) (Food, Agriculture, Conservation, and Trade Act of 1990, 
                    Sec. 1671(d))

SEC. 1671. AGRICULTURAL GENOME INITIATIVE.

           *       *       *       *       *       *       *


    (d) Administration.--Paragraphs (4), (7), (8), and (11)(B) 
of subsection (b) of the Competitive, Special, and Facilities 
Research Grant Act [(7 U.S.C. 450i)] (7 U.S.C. 3157(b)(4), (7), 
(8), (11)(B)) shall apply with respect to the making of a grant 
or cooperative agreement under this section.

Sec. 5925(b)(1), (e)(3) (Food, Agriculture, Conservation, and Trade Act 
                    of 1990, Sec. 1672(b)(1), (e)(3))

SEC. 1672. HIGH PRIORITY RESEARCH AND EXTENSION INITIATIVES.

           *       *       *       *       *       *       *


    (b) Administration.--
          (1) In general.--Except as otherwise provided in this 
        section, paragraphs (4), (7), (8), and 11(B) of 
        subsection (b) of the Competitive, Special, and 
        Facilities Research Grant Act [(7 U.S.C. 450i)] (7 
        U.S.C. 3157(b)(4), (7), (8), (11)(B)) shall apply with 
        respect to the making of grants under this section.

           *       *       *       *       *       *       *

    (e) Pulse Crop Health Initiative.--

           *       *       *       *       *       *       *

          (3) Administration.--Paragraphs (4), (7), (8), and 
        (11)(B) of subsection (b) of the Competitive, Special, 
        and Facilities Research Grant Act [(7 U.S.C. 450i(b))] 
        (7 U.S.C. 3157(b)(4), (7), (8), (11)(B)) shall apply 
        with respect to the making of a competitive grant under 
        this subsection.

Sec. 5925b(b) (Food, Agriculture, Conservation, and Trade Act of 1990, 
                    Sec. 1672B(b))

SEC. 1672B. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.

           *       *       *       *       *       *       *


    (b) Grant Types and Process, Prohibition on Construction.--
Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of the 
Competitive, Special, and Facilities Research Grant Act [(7 
U.S.C. 450i)] (7 U.S.C. 3157(b)(4), (7), (8), (11)(B)) shall 
apply with respect to the making of grants under this section.

Sec. 5925f(c) (Food, Agriculture, Conservation, and Trade Act of 1990, 
                    Sec. 1672D(c))

SEC. 1672D. FARM BUSINESS MANAGEMENT.

           *       *       *       *       *       *       *


    (c) Administration.--Paragraphs (4), (7), (8), and (11)(B) 
of subsection (b) of the Competitive, Special, and Facilities 
Research Grant Act [(7 U.S.C. 450i(b))] (7 U.S.C. 3157(b)(4), 
(7), (8), (11)(B)) shall apply with respect to the making of 
grants under this section.

Sec. 5926(b) (Food, Agriculture, Conservation, and Trade Act of 1990, 
                    Sec. 1673(b))

SEC. 1673. CENTERS OF EXCELLENCE.

           *       *       *       *       *       *       *


    (b) Composition.--A center of excellence is composed of 1 
or more of the eligible entities specified in subsection (b)(7) 
of the Competitive, Special, and Facilities Research Grant Act 
[(7 U.S.C. 450i(b)(7))] (7 U.S.C. 3157(b)(7)) that provide 
financial or in-kind support to the center of excellence.

Sec. 6971(f)(1)(D)(i) (Department of Agriculture Reorganization Act of 
                    1994, Sec. 251(f)(1)(D)(i))

SEC. 251. UNDER SECRETARY OF AGRICULTURE FOR RESEARCH, EDUCATION AND 
                    ECONOMICS.

           *       *       *       *       *       *       *


    (f) National Institute of Food and Agriculture.--
          (1) Definitions.--In this subsection:

           *       *       *       *       *       *       *

                  (D) Competitive program.--The term 
                ``competitive program'' means each of the 
                following agricultural research, extension, 
                education, and related programs for which the 
                Secretary has administrative or other authority 
                as of the day before the date of enactment of 
                the Food, Conservation, and Energy Act of 2008:
                          (i) The Agriculture and Food Research 
                        Initiative established under section 
                        2(b) of the Competitive, Special, and 
                        Facilities Research Grant Act [(7 
                        U.S.C. 450i(b))] (7 U.S.C. 3157(b)).

Sec. 7633(e)(2) (Agricultural Research, Extension, and Education Reform 
                    Act of 1998, Sec. 413(e)(2))

SEC. 413. FOOD AND AGRICULTURE SERVICE LEARNING PROGRAM.

           *       *       *       *       *       *       *


    (e) Funding.--

           *       *       *       *       *       *       *

          (2) Administration.--Paragraphs (4), (7), (8), and 
        (11)(B) of subsection (b) of the Competitive, Special, 
        and Facilities Research Grant Act [(7 U.S.C. 450i(b))] 
        (7 U.S.C. 3157(b)(4), (7), (8), (11)(B)) shall apply 
        with respect to the making of a competitive grant under 
        this section.

Sec. 7655b(c)(3) (Agricultural Research, Extension, and Education 
                    Reform Act of 1998, Sec. 617(c)(3))

SEC. 617. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.

           *       *       *       *       *       *       *


    (c) Grants.--

           *       *       *       *       *       *       *

          (3) Administration.--In making grants under this 
        section, the Secretary shall follow the requirements of 
        paragraphs (4), (7), (8), and 11(B) of subsection (b) 
        of the Competitive, Special, and Facilities Research 
        Grant Act [(7 U.S.C. 450i)] (7 U.S.C. 3157(b)(4), (7), 
        (8), (11)(B)).

Sec. 8114(c)(1)(A)(i) (Food, Conservation, and Energy Act of 2008, 
                    Sec. 7526(c)(1)(A)(i))

SEC. 7526. SUN GRANT PROGRAM.

           *       *       *       *       *       *       *


    (c) Use of Funds.--
          (1) Competitive grants.--
                  (A) In general.--A sun grant center or 
                subcenter shall use 75 percent of the funds 
                described in subsection (b) to provide 
                competitive grants to entities that are--
                          (i) eligible to receive grants under 
                        subsection (b)(7) of the Competitive, 
                        Special, and Facilities Research Grant 
                        Act [(7 U.S.C. 450i(b)(7))] (7 U.S.C. 
                        3157(b)(7)); and

Sec. 8351 note (H.R. 3037, 99th Congress, title I, enacted into law by 
                    Public Law 100-202, Sec. 106)

               ANIMAL AND PLANT HEALTH INSPECTION SERVICE


                         SALARIES AND EXPENSES


                     (INCLUDING TRANSFERS OF FUNDS)

* * * That effective upon the date of enactment of this Act and 
notwithstanding any other provision of law, the authorities of 
the Secretary of Agriculture under the Act of March 2, 1931 
[(46 Stat. 1468; 7 U.S.C. 426-426b)] (46 Stat. 1468; 7 U.S.C. 
8351, 8352), (transferred to the Secretary of the Interior 
pursuant to section 4(f) of 1939 Reorganization Plan No. II) 
and all personnel, property, records, unexpended balances of 
appropriations, allocations and other funds of the Fish and 
Wildlife Service, United States Department of the Interior 
used, held, available or to be made available in connection 
with the administration of such Act, are hereby transferred 
from the Secretary of the Interior to the Secretary of 
Agriculture, and this appropriation shall be available to carry 
out such authorities.

Sec. 8354 (Agriculture, Rural Development, Food and Drug 
                    Administration, and Related Agencies Appropriations 
                    Act, 2006, Sec. 749)

    Sec. 749. Hereafter, notwithstanding any other provision of 
law, the Secretary of Agriculture may use appropriations 
available to the Secretary for activities authorized under 
[sections 426-426c of title 7, United States Code] the Act of 
March 2, 1931 (46 Stat. 1468; 7 U.S.C. 8351, 8352) and the 7th 
proviso in the first paragraph under the heading ``ANIMAL AND 
PLANT HEALTH INSPECTION SERVICE'' in title I of the Rural 
Development, Agriculture, and Related Agencies Appropriations 
Act, 1988 (101 Stat. 1329-331; 7 U.S.C. 8353), under this or 
any other Act, to enter into cooperative agreements, with a 
State, political subdivision, or agency thereof, a public or 
private agency, organization, or any other person, to lease 
aircraft if the Secretary determines that the objectives of the 
agreement will: (1) serve a mutual interest of the parties to 
the agreement in carrying out the programs administered by the 
Animal and Plant Health Inspection Service, Wildlife Services; 
and (2) all parties will contribute resources to the 
accomplishment of these objectives; award of a cooperative 
agreement authorized by the Secretary may be made for an 
initial term not to exceed 5 years.

                          TITLE 11--BANKRUPTCY

Sec. 541(b)(3)

Sec. 541. Property of the estate

           *       *       *       *       *       *       *


    (b) Property of the estate does not include--

           *       *       *       *       *       *       *

          (3) any eligibility of the debtor to participate in 
        programs authorized under the Higher Education Act of 
        1965 [(20 U.S.C. 1001 et seq.; 42 U.S.C. 2751 et seq.)] 
        (20 U.S.C. 1001 et seq.), or any accreditation status 
        or State licensure of the debtor as an educational 
        institution;

                         TITLE 16--CONSERVATION

Sec. 528 note (Department of the Interior and Related Agencies 
                    Appropriations Act, 2000, div. B, Sec. 1000(a)(3) 
                    [title III, Sec. 339])

    Sec. 339. PILOT PROGRAM OF CHARGES AND FEES FOR HARVEST OF 
FOREST BOTANICAL PRODUCTS.

           *       *       *       *       *       *       *

    (f) Deposit and Use of Funds.--

           *       *       *       *       *       *       *

          (4) Treatment of fees.--Funds collected under 
        subsection (c) shall not be taken into account for the 
        purposes of the following laws:

           *       *       *       *       *       *       *

                  (D) [The Act of August 8, 1937, and the Act 
                of May 24, 1939 (43 U.S.C. 1181a et seq.)] The 
                Act of August 28, 1937, and the Act of May 24, 
                1939 (43 U.S.C. 2601 et seq.).

Sec. 753 (Interior Department Appropriation Act, 1943)

FEDERAL AID IN WILDLIFE RESTORATION

           *       *       *       *       *       *       *


    Total, Fish and Wildlife Service, $5,911,570, and in 
addition thereto funds made available under the Migratory Bird 
Conservation Fund, of which amounts not to exceed $921,505 may 
be expended for personal service in the District of Columbia, 
and not to exceed $65,300 shall be available for the purchase 
of motor-propelled passenger-carrying vehicles necessary in the 
conduct of field work outside the District of Columbia: * * * 
Provided further, That hereafter cooperative work conducted by 
the Fish and Wildlife Service shall be subject to the 
provisions of the Act of July 24, 1919 [(5 U.S.C. 563-564)] (7 
U.S.C. 2279i, 2220):

Sec. 2103c(c) (Cooperative Forestry Assistance Act of 1978, Sec. 7(c))

SEC. 7. FOREST LEGACY PROGRAM.

           *       *       *       *       *       *       *


    (c) Interests in Land.--In addition to the authorities 
granted under section 6 of the Act of March 1, 1911 (16 U.S.C. 
515), and section 11(a) of the Department of Agriculture 
Organic Act of 1956 [(7 U.S.C. 428a(a))] (7 U.S.C. 2268a(a)), 
the Secretary may acquire from willing landowners lands and 
interests therein, including conservation easements and rights 
of public access, for Forest Legacy Program purposes. The 
Secretary shall not acquire conservation easements with title 
held in common ownership with any other entity.

Sec. 2909(3) (Fish and Wildlife Conservation Act of 1980, Sec. 10(3))

SEC. 10. DISCLAIMERS.

    Nothing in this Act shall be construed as affecting--

           *       *       *       *       *       *       *

          (3) the authority of the Secretary of Agriculture 
        under the Act of March 2, 1931 [(46 Stat. 1468-1469; 7 
        U.S.C. 426-426b)] (46 Stat. 1468, 1469; 7 U.S.C. 8351, 
        8352).

Sec. 6813(b)(5) (Federal Lands Recreation Enhancement Act, 
                    Sec. 814(b)(5))

SEC. 814. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.

           *       *       *       *       *       *       *


    (b) Relation to Revenue Allocation Laws.--Amounts collected 
under this Act, and the existence of a fee management agreement 
with a governmental entity under section 6(a), may not be taken 
into account for the purposes of any of the following laws:

           *       *       *       *       *       *       *

          (5) Title II of the Act of [August 8, 1937] August 
        28, 1937, and the Act of May 24, 1939 [(43 U.S.C. 1181f 
        et seq.)] (43 U.S.C. 2621 et seq.).

Sec. 7102(10) (Secure Rural Schools and Community Self-Determination 
                    Act of 2000, Sec. 3(10))

SEC. 3. DEFINITIONS.

    In this Act:

           *       *       *       *       *       *       *

          (10) 50-percent payment.--The term ``50-percent 
        payment'' means the payment that is the sum of the 50-
        percent share otherwise paid to a county pursuant to 
        title II of the Act of August 28, 1937 [(chapter 876; 
        50 Stat. 875; 43 U.S.C. 1181f)] (chapter 876; 50 Stat. 
        875; 43 U.S.C. 2605), and the payment made to a county 
        pursuant to the Act of May 24, 1939 [(chapter 144; 53 
        Stat. 753; 43 U.S.C. 1181f-1 et seq.)] (chapter 144; 53 
        Stat. 753; 43 U.S.C. 2621 et seq.).

                          TITLE 20--EDUCATION

Sec. 1087-51 note (Higher Education Amendments of 1968, Sec. 131(c))

SEC. 131.

   TRANSFER OF WORK-STUDY PROVISIONS TO HIGHER EDUCATION ACT OF 1965

    Sec. 131. * * *
    (c) Any reference to any provision of part C of title I of 
the Economic Opportunity Act of 1964 in any law of the United 
States shall be deemed to be a reference to the corresponding 
provision of part C of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1087-51 et seq.) as amended by this section.

Sec. 1087kk note (Higher Education Amendments of 1986, Sec. 406(b)(3))

SEC. 406. ADDITION OF A NEW PART F RELATING TO NEED ANALYSIS FOR 
                    STUDENT ASSISTANCE.

           *       *       *       *       *       *       *


    (b) Effective Dates for Need Analysis Provisions.--

           *       *       *       *       *       *       *

          (3) For purposes of [sections 413D(d)(2)(B), 
        442(d)(2)(B) and 462(d)(2)(B)] sections 413D(c)(2)(B), 
        442(d)(2)(B), and 462(d)(2)(B) (20 U.S.C. 1070b-
        3(c)(2)(B), 1087-52(d)(2)(B), 1087bb(d)(2)(B)) for any 
        academic year preceding academic year 1988-1989, the 
        Secretary shall, in lieu of average expected family 
        contribution, use the procedures for sampling expected 
        family contribution within income categories that was 
        employed for academic year 1986-1987, adjusted to 
        reflect changes in data.

                        TITLE 21--FOOD AND DRUGS

Sec. 113a (Act of May 29, 1884, ch. 60, Sec. 12)

    Sec. 12. The Secretary of Agriculture is authorized to 
establish research laboratories, including the acquisition of 
necessary land, buildings, or facilities, and also the making 
of research contracts under the authority contained in section 
10(a) of the Bankhead-Jones Act of 1935 (7 U.S.C. 3105(a)), as 
amended by the Research and Marketing Act of 1946, for research 
and study, in the United States or elsewhere, of foot-and-mouth 
disease which in the opinion of the Secretary constitute a 
threat to the livestock industry of the United States: * * *

                    TITLE 26--INTERNAL REVENUE CODE

Sec. 117(c)(2)(C)

SEC. 117. QUALIFIED SCHOLARSHIPS.

           *       *       *       *       *       *       *


    (c) Limitation.--

           *       *       *       *       *       *       *

          (2) Exceptions.--Paragraph (1) shall not apply to any 
        amount received by an individual under--

           *       *       *       *       *       *       *

                  (C) a comprehensive student work-learning-
                service program (as defined in section 448(e) 
                of the Higher Education Act of 1965 (20 U.S.C. 
                1087-58(e)) operated by a work college (as 
                defined in such section).

                TITLE 42--THE PUBLIC HEALTH AND WELFARE

Sec. 8852(a) (Biomass Energy and Alcohol Fuels Act of 1980, 
                    Sec. 257(a))

    Sec. 257. (a) The Secretary of Agriculture shall coordinate 
the applied research and extension programs conducted under 
this subtitle and under the amendments made by this subtitle to 
section 1419 and subtitle B of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977, section 1 
of the Bankhead-Jones Act (7 U.S.C. 3104), section 3 of the 
Forest and Rangeland Renewable Resources Research Act of 1978, 
and sections 1 and 2 of the Smith-Lever Act with the programs 
of Department of Energy.

Sec. 12561 (National and Community Service Act of 1990, Sec. 118)

SEC. 118. HIGHER EDUCATION INNOVATIVE PROGRAMS FOR COMMUNITY SERVICE.

           *       *       *       *       *       *       *


    (b) General Authority.--The Corporation, in consultation 
with the Secretary of Education, is authorized to make grants 
to, and enter into contracts with, institutions of higher 
education (including a consortium of such institutions), and 
partnerships comprised of such institutions and of other public 
or private nonprofit organizations, to pay for the Federal 
share of the cost of--

           *       *       *       *       *       *       *

          (5) supplementing the funds available to carry out 
        work-study programs under part C of title IV of the 
        Higher Education Act of 1965 [(42 U.S.C. 2751 et seq.)] 
        (20 U.S.C. 1087-51 et seq.) to support service-learning 
        and community service through the community service 
        program;

           *       *       *       *       *       *       *

    (g) Federal Work Study.--To be eligible for assistance 
under this part, an institution of higher education shall 
demonstrate that it meets the minimum requirements under 
section 443(b)(2)(A) of the Higher Education Act of 1965 [(42 
U.S.C. 2753(b)(2)(A))] (20 U.S.C. 1087-53(b)(2)(A)) relating to 
the participation of students employed under part C of title IV 
of the Higher Education Act of 1965 [(42 U.S.C. 2751 et seq.)] 
(20 U.S.C. 1087-51 et seq.) (relating to Federal Work-Study 
Programs) in community service activities, or has received a 
waiver of those requirements from the Secretary of Education.

Sec. 12561a(b)(2) (National and Community Service Act of 1990, 
                    Sec. 118A(b)(2))

SEC. 118A. CAMPUSES OF SERVICE.

           *       *       *       *       *       *       *


    (b) Applications for Nomination.--

           *       *       *       *       *       *       *

          (2) Contents.--At a minimum, the application shall 
        include information specifying--

           *       *       *       *       *       *       *

                  (B) the percentage of undergraduate students 
                engaging in and, if applicable, the percentage 
                of graduate students engaging in activities 
                providing community services, as defined in 
                section 441(c) of the Higher Education Act of 
                1965 [(42 U.S.C. 2751(c))] (20 U.S.C. 1087-
                51(c)), during such preceding academic year, 
                the quality of such activities, and the average 
                amount of time spent, per student, engaged in 
                such activities;
                  (C) for such preceding academic year, the 
                percentage of Federal work-study funds made 
                available to the institution under part C of 
                title IV of the Higher Education Act of 1965 
                [(42 U.S.C. 2751 et seq.)] (20 U.S.C. 1087-51 
                et seq.) that is used to compensate students 
                employed in providing community services, as so 
                defined, and a description of the efforts the 
                institution undertakes to make available to 
                students opportunities to provide such 
                community services and be compensated through 
                such work-study funds;

Sec. 12572(c)(1)(C)(i) (National and Community Service Act of 1990, 
                    Sec. 122(c)(1)(C)(i))

SEC. 122. NATIONAL SERVICE PROGRAMS ELIGIBLE FOR PROGRAM ASSISTANCE.

           *       *       *       *       *       *       *


    (c) Program Models for Service Corps.--
          (1) In general.--In addition to any activities 
        described in subparagraph (B) of paragraphs (1) through 
        (5) of subsection (a), and subsection (b)(2), a 
        recipient of a grant under section 121(a) and a Federal 
        agency operating or supporting a national service 
        program under section 121(b) may directly or through 
        grants or subgrants to other entities carry out a 
        national service corps program through the following 
        program models:

           *       *       *       *       *       *       *

                  (C) A campus-based program that is designed 
                to provide substantial service in a community 
                during the school term and during summer or 
                other vacation periods through the use of--
                          (i) students who are attending an 
                        institution of higher education, 
                        including students participating in a 
                        work-study program assisted under part 
                        C of title IV of the Higher Education 
                        Act of 1965 [(42 U.S.C. 2751 et seq.)] 
                        (20 U.S.C. 1087-51 et seq.);

Sec. 12594(a)(3) (National and Community Service Act of 1990, 
                    Sec. 140(a)(3))

SEC. 140. LIVING ALLOWANCES FOR NATIONAL SERVICE PARTICIPANTS.

    (a) Provision of Living Allowance.--

           *       *       *       *       *       *       *

          (3) Federal work study students.--The living 
        allowance that may be provided under paragraph (1) to 
        an individual whose term of service includes hours for 
        which the individual receives a Federal work-study 
        award under part C of title IV of the Higher Education 
        Act of 1965 [(42 U.S.C. 2751 et seq.)] (20 U.S.C. 1087-
        51 et seq.) shall be reduced by the amount of the 
        individual's Federal work study award.

                         TITLE 43--PUBLIC LANDS

Sec. 869-4 (Act of June 14, 1926, ch. 578, Sec. 6)

    Sec. 6. All moneys received from or on account of any 
revested Oregon and California Railroad grant lands or 
reconveyed Coos Bay Wagon Road grant lands under this Act shall 
be deposited respectively in the Oregon and California land-
grant fund and the Coos Bay Wagon Road grant fund, and shall be 
applied in the manner prescribed respectively by title II of 
the Act of August 28, 1937 (50 Stat. 875), as amended [(43 
U.S.C. 1181f)] (43 U.S.C. 2605), and by the Act of May 24, 1939 
[(53 Stat. 753)] (53 Stat. 753; 43 U.S.C. 2621 et seq.).

Sec. 1701 note (Federal Land Policy and Management Act of 1976, title 
                    VII, Sec. 701(b))

                       EFFECT ON EXISTING RIGHTS

    Sec. 701.* * *
    (b) Notwithstanding any provision of this Act, in the event 
of conflict with or inconsistency between this Act and the Acts 
of August 28, 1937 [(50 Stat. 874; 43 U.S.C. 1181a-1181j)] (50 
Stat. 874; 43 U.S.C. 2601 et seq.), and May 24, 1939 (53 Stat. 
753), insofar as they relate to management of timber resources, 
and disposition of revenues from lands and resources, the 
latter Acts shall prevail.

           *       *       *       *       *       *       *


Sec. 1735(b) (Federal Land Policy and Management Act of 1976, title 
                    III, Sec. 305(b))

                        DEPOSITS AND FORFEITURES

    Sec. 305. * * *
    (b) Any moneys collected under this Act in connection with 
lands administered under the Act of August 28, 1937 [(50 Stat. 
874; 43 U.S.C. 1181a-1181j)] (50 Stat. 874; 43 U.S.C. 2601 et 
seq.), shall be expended for the benefit of such land only.

Sec. 1751(b)(1) (Federal Land Policy and Management Act of 1976, title 
                    IV, Sec. 401(b)(1))

                              GRAZING FEES

    Sec. 401. * * *
    (b)(1) Congress finds that a substantial amount of the 
Federal range lands is deteriorating in quality, and that 
installation of additional range improvements could arrest much 
of the continuing deterioration and could lead to substantial 
betterment of forage conditions with resulting benefits to 
wildlife, watershed protection, and livestock production. 
Congress therefore directs that 50 per centum or 10,000,000 per 
annum, whichever is greater of all moneys received by the 
United States as fees for grazing domestic livestock on public 
lands (other than from ceded Indian lands) under the Taylor 
Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.) and the Act 
of August 28, 1937 [(50 Stat. 874; 43 U.S.C. 1181d)] (50 Stat. 
874; 43 U.S.C. 2603), and on lands in National Forests in the 
sixteen contiguous Western States under the provisions of this 
section shall be credited to a separate account in the 
Treasury, one-half of which is authorized to be appropriated 
and made available for use in the district, region, or national 
forest from which such moneys were derived, as the respective 
Secretary may direct after consultation with district, 
regional, or national forest user representatives, for the 
purpose of on-the-ground range rehabilitation, protection, and 
improvements on such lands, and the remaining one-half shall be 
sued for the on-the ground range rehabilitation, protection, 
and improvements as the Secretary concerned directs. * * *

Sec. 1752(a) (Federal Land Policy and Management Act of 1976, title IV, 
                    Sec. 402(a))

    Sec. 402. (a) Except as provided in subsection (b) of this 
section, permits and leases for domestic livestock grazing on 
public lands issued by the Secretary under the Act of June 28, 
1934 (48 Stat. 1269, as amended; 43 U.S.C. 315 et seq.) or the 
Act of August 28, 1937 [(50 Stat. 874, as amended; 43 U.S.C. 
1181a-1181j)] (50 Stat. 874, as amended; 43 U.S.C. 2601 et 
seq.), or by the Secretary of Agriculture, with respect to 
lands within National Forests in the sixteen contiguous Western 
States, shall be for a term of ten years subject to such terms 
and conditions the Secretary concerned deems appropriate and 
consistent with the governing law, including, but not limited 
to, the authority of the Secretary concerned to cancel, 
suspend, or modify a grazing permit or lease, in whole or in 
part, pursuant to the terms and conditions thereof, or to 
cancel or suspend a grazing permit or lease for any violation 
of a grazing regulation or of any term or condition of such 
grazing permit or lease.

Sec. 2624 (Act of May 24, 1939, ch. 144, Sec. 4)

    Sec. 4. Not to exceed 25 per centum of the annual receipts 
shall be available, in such amounts as the congress shall from 
time to time appropriate for the administration of the Act of 
August 28, 1937 [(50 Stat. 874)] (50 Stat. 874; 43 U.S.C. 2601 
et seq.), insofar as it applies to the Coos Bay Wagon Road 
grant lands. Any balance not used for administrative purposes 
shall be covered into the general fund of the Treasury of the 
United States.

Sec. 2633 (Act of June 24, 1954, ch. 357, Sec. 3)

    Sec. 3. For the purpose of consolidating and thereby 
facilitating administration and accounting the Secretary of 
Agriculture is authorized to designate in the several counties 
in which the lands described in section 1 of this Act (43 
U.S.C. 2631) are situated (such designation to be published in 
the Federal Register), an area of national-forest land of a 
value substantially equal to the value of the lands in such 
county from which all revenues shall be disposed of in 
accordance with the provisions of title II of the Act of August 
28, 1937 ([(50 Stat. 874)] (50 Stat. 875; 43 U.S.C. 2605), and 
upon such designation the provisions of that Act (43 U.S.C. 
2601 et seq.) shall be applicable to the lands so designated in 
lieu of the lands described in section 1 of this Act: * * *

             TITLE 48--TERRITORIES AND INSULAR POSSESSIONS

Sec. 1921d(f)(1)(B)(iii) (Compact of Free Association Amendments Act of 
                    2003, Sec. 105(f)(1)(B)(iii))

SEC. 105. SUPPLEMENTAL PROVISIONS.

           *       *       *       *       *       *       *


    (f) Continuing Programs and Laws.--
          (1) Federated states of micronesia and republic of 
        the marshall islands.--In addition to the programs and 
        services set forth in section 221 of the Compact, and 
        pursuant to section 222 of the Compact, the programs 
        and services of the following agencies shall be made 
        available to the Federated States of Micronesia and to 
        the Republic of the Marshall Islands:

           *       *       *       *       *       *       *

                  (B) Treatment of additional programs.--

           *       *       *       *       *       *       *

                          (iii) Supplemental education 
                        grants.--In lieu of eligibility for 
                        appropriations under part A of title I 
                        of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6311 
                        et seq.), titles I (other than subtitle 
                        C) and II of the Workforce Innovation 
                        and Opportunity Act, title I of the 
                        Carl D. Perkins Career and Technical 
                        Education Act of 2006 (20 U.S.C. 2321 
                        et seq.), the Head Start Act (42 U.S.C. 
                        9831 et seq.), and subpart 3 of part A, 
                        and part C, of title IV of the Higher 
                        Education Act of 1965 [(20 U.S.C. 1070b 
                        et seq., 42 U.S.C. 2751 et seq.)] (20 
                        U.S.C. 1070b et seq., 1087-51 et seq.), 
                        there are authorized to be appropriated 
                        to the Secretary of Education to 
                        supplement the education grants under 
                        section 211(a)(1) of the U.S.-FSM 
                        Compact and section 211(a)(1) of the 
                        U.S.-RMI Compact, respectively, the 
                        following amounts:

                                  [all]