Chapter 8.-THE COOLY TRADE

§§ 331 to 339. Repealed. Pub. L. 93-461, Oct. 20, 1974, 88 Stat. 1387.

Section 331, R.S. § 2158, prohibited cooly trade.

Section 332, R.S. § 2159; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167, related to forfeiture of vessels engaged in cooly trade.

Section 333, R.S. § 2160, related to penalty for building vessels to engage in cooly trade.

Section 334, R.S. § 2161, related to punishment for engaging in cooly trade.

Section 335, R.S. § 2162, excepted the voluntary emigration of coolies from the prohibition.

Section 336, act Mar. 3, 1875, ch. 141, § 1, 18 Stat. 477, related to inquiry and certification by consular officers. Section 337, R.S. § 2163, related to examination of ves

sels.

Section 338, act Mar. 3, 1875, ch. 141, § 2, 18 Stat. 477, related to penalties for involuntary transportation of Chinese, Japanese, and others for purpose of holding to service.

Section 339, act Mar. 3, 1875, ch. 141, § 4, 18 Stat. 477, related to punishment for contracting to supply cooly labor.

Chapter 12.-IMMIGRATION AND NATIONALITY § 1101. Definitions.

(b) As used in subchapters I and II of this chapter

(1) The term “child” means an unmarried person under twenty-one years of age who is

(F) a child, under the age of fourteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 1151(b) of this title, who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who personally saw and observed the child prior to or during the adoption proceedings; or who is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the child's proposed residence; Provided, That the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: Provided further, That no natural parent or prior adoptive parent of any such child shall thereafter, by Page 385

virtue of such parentage, be accorded any right, privilege, or status under this chapter.

(As amended Dec. 16, 1975, Pub. L. 94–155, 89 Stat. 824.)

AMENDMENTS

1975 Subsec. (b)(1)(F). Pub. L. 94-155 provided for adoption of alien children under the age of fourteen by unmarried United States citizens who are at least twentyfive years of age and added requirement that before adoption the Attorney General be satisfied that proper care will be provided the child after admission.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1151, 1152, 1153, 1154, 1181, 1182, 1184, 1184a, 1201, 1251, 1253, 1254, 1255, 1255b, 1257, 1258, 1282, 1303, 1481 of this title; title 18 section 613; title 22 sections 1474, 2395, 2508; title 26 sections 871, 872, 1441, 3121, 3231, 3306; title 42 section 410; title 45 sections 228a, 231, 351; title 50 App. sections 453, 456.

§ 1153. Allocation of immigrant visas.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 1382c.

§ 1182. Excludable aliens.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 42 section 1382c.

§ 1257. Adjustment of status of certain resident aliens to nonimmigrant status; exceptions.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1184 of this title; title 50 App. section 456.

§ 1286. Discharge of alien crewmen; penalties.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1330 of this title; title 22 section 450.

§ 1401. Nationals and citizens of United States at birth.

(b) Any person who is a national and citizen of the United States under paragraph (7) of subsection (a) of this section shall lose his nationality and citizenship unless-(1) he shall come to the United States and be continuously physically present therein for a period of not less than two years between the ages of fourteen years and twenty-eight years; or (2) the alien parent is naturalized while the child is under the age of eighteen years and the child begins to reside permanently in the United States while under the age of eighteen years. In the administration of this subsection absences from the United States of less than sixty days in the aggregate during the period for which continuous physical presence in the United States is required shall not break the continuity of such physical presence.

(d) Nothing contained in subsection (b) of this section, as amended, shall be construed to alter or affect the citizenship of any person who has come to the United States prior to October 27, 1972, and who, whether before or after October 27, 1972, immediately following such coming complies or shall comply with the physical presence requirements for retention of citizenship specified in subsection (b) prior to October 27, 1972, and the repeal of section 1401b of this title. (As amended Oct. 27, 1972, Pub. L. 92-584, §§ 1, 3, 86 Stat. 1289.)

AMENDMENTS

1972-Subsec. (b). Pub. L. 92-584, § 1, substituted provisions that nationals and citizens of the United States under subsec. (a) (7), lose such status unless they are present continuously in the United States for two years between the ages of fourteen and twenty eight years, or the alien parent is naturalized while the child is under the age of eighteen years and the child begins to reside permanently in the United States while under the age of eighteen years, and that absence from the United States of less than sixty days will not break the continuity of presence, for provisions that such status would be lost unless the nationals and citizens come to the United States prior to attaining twenty three years and be present continuously in the United States for five years, and that such presence should be between the age of fourteen and twenty eight years.

Subsec. (d). Pub. L. 92-584, § 3, added subsec. (d).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1401a, 1408, 1409, 1452 of this title; title 26 sections 877, 2107, 2501.

§ 1401b. Repealed. Pub. L. 92-584, § 2, Oct. 27, 1972, 86 Stat. 1289.

Section, Pub. L. 85-316, § 16, Sept. 11, 1957, 71 Stat. 644, provided that absence from the United States of less than twelve months would not break the continuity of presence in the administration of section 1401 (b) of this title, and is now covered by section 1401 (b) of this title.

§ 1425. Ineligibility to naturalization of deserters from the armed forces.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1433, 1434 of this title; title 50 App. section 455.

1445. Petition for naturalization.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 sections 303, 310.

Chapter 13.-IMMIGRATION AND NATURALIZATION SERVICE

§ 1551 to 1557.

TRANSFER OF FUNCTIONS

All functions vested by law in the Attorney General, the Department of Justice, or any other officer or any agency of that Department, with respect to the inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving the United States, were transferred to the Secretary of the Treasury by 1973 Reorg. Plan No. 2, § 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5, Government Organization and Employees.

Subtitle A.-General Military Law

Chapter 3.-GENERAL POWERS

PART II-PERSONNEL

§ 126. Transfer of funds and employees.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume.

1975-Pub. L. 94-106, title VIII, § 804 (a), Oct. 7, 1975, 89 Stat. 538, added item 140.

1973-Pub. L. 93-155, title VIII, § 803 (a), Nov. 16, 1973, 87 Stat. 612, added items 138 and 139.

1972-Pub. L. 92-596, § 4(3), Oct. 27, 1972, 86 Stat. 1318, substituted "Deputy Secretaries" for "Deputy Secretary" in item 134.

§ 131. Executive department.

DEFENSE MANPOWER COMMISSION

Pub. L. 93-155, title VII, §§ 701-708, Nov. 16, 1973, 87 Stat. 609-611, provided as follows:

"Sec. 701 [Defense Manpower Commission; establishment; membership; restrictions]. (a) There is hereby established a commission to be known as the Defense Manpower Commission (hereinafter in this title referred to as the 'Commission').

"(b) The Commission shall be composed of seven members appointed as follows:

"(1) One member to be appointed by the majority leader of the Senate;

"(2) One member to be appointed by the minority leader of the Senate;

"(3) One member to be appointed by the majority leader of the House of Representatives;

"(4) One member to be appointed by the minority leader of the House of Representatives; and

"(5) Three members to be appointed by the President. No person may be appointed to the Commission who is a civilian officer or employee of the Federal Government; and no person may be appointed who is serving on active duty with the Armed Forces of the United States.

"(c) The Commission shall elect a Chairman and Vice Chairman from among its members.

"(d) Four members of the Commission shall constitute & quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

"Sec. 702 [Duties of the Commission; manpower requirements, study and investigation]. It shall be the duty of the Commission to conduct a comprehensive study and investigation of the overall manpower requirements of the Department of Defense on both a short-term and long-term basis with a view to determining what the manpower requirements are currently and will likely be over the next ten years, and how manpower can be more effectively utilized in the Department of Defense. In carrying out such study and investigation the Commission shall give special consideration to

"(1) the effectiveness with which civilian and active duty personnel are utilized, particularly in headquarters staffing and in the number of support forces in relation to combat forces;

"(2) whether the pay structure, including fringe benefits, is adequate and equitable at all levels;

"(3) the distribution of grades within each armed force and the requirements for advancement in grade; "(4) the cost-effectiveness and manpower utilization of the United States Armed Forces as compared with the armed forces of other countries;

"(5) whether the military retirement system is consistent with overall Department of Defense requirements and is comparable to civilian retirement plans; "(6) the methods and techniques used to attract and recruit personnel for the armed forces, and whether such methods and techniques might be improved or new and more effective ones utilized;

"(7) the implications for the ability of the armed forces to fulfill their mission as a result of the change in the socio-economic composition of military enlistees since the enactment of new recruiting policies provided for in Public Law 92-129 and the implications for national policies of this change in the composition of the armed forces: and

"(8) such other matters related to manpower as the Commission deems pertinent to the study and investigation authorized by this title.

"Sec. 703 [Powers of the Commission]. (a) The Commission or, on the authorization of the Commission, any subcommittee member thereof may, for the purpose of carrying out the provisions of this title, hold such hearings and sit and act at such times and places as the Commission or such subcommittee or member may deem advisable.

"(b) The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purposes of this title. Each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman or Vice Chairman.

"(c) The Commission shall establish appropriate measures to insure the safeguarding of all classified information submitted to or inspected by it in carrying out its duties under this title.

"Sec. 704 [Compensation of the Commission]. Each member of the Commission shall receive an amount equal to the daily rate paid a GS-18 under the General Schedule contained in section 5332 of title 5. United States Code (including travel-time), during which he is engaged in the actual performance of his duties as a member of the Commission. Members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties.

"SEC. 705 [Staff of the Commission; contract authority). (a) The Commission shall appoint an Executive Director and such other personnel as it deems advisable without regard to the provisions of title 5. United States Code, governing appointments in the competitive service, and shall fix the compensation of such personnel without regard to the provisions of chapter 51 and subchapter III

of chapter 53 of such title relating to classification and General Schedule pay rates; but personnel so appointed may not receive compensation in excess of the rate authorized for GS-18 by section 5332 of such title 5.

"(b) The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at GS-18.

"(c) The Commission is authorized to enter into contracts with public agencies, private firms, institutions, and individuals for the conduct of research and surveys, the preparation of reports, and other activities necessary to the discharge of its duties.

"SEC. 706 [Administrative services]. The Administrator of the General Services Administration shall provide administrative services for the Commission on a reimbursable basis.

"SEC. 707 [Reports of the Commission to Congress and President; termination date]. (a) The Commission shall, from time to time, submit interim reports to the Congress and to the President regarding its duties under this title, and shall include in any such reports its findings together with such recommendations for administrative or legislative action as the Commission considers advisable.

"(b) The Commission shall submit its final report to the Congress and to the President not more than twentyfour months after the appointment of the Commission. Such report shall include all interim reports and the final findings and recommendations of the Commission.

"(c) The Commission shall cease to exist sixty days after the submission of its final report.

"SEC. 708 [Authorization for appropriations]. There are authorized to be appropriated to the Commission a sum not to exceed $2,500,000 to carry out the provisions of this title."

AIR FORCE RESERVE AND AIR NATIONAL GUARD OF UNITED STATES; STUDY AND INVESTIGATION OF RELATIVE STATUS; ADVANTAGES AND DISADVANTAGES OF ALTERNATIVES; MODERNIZATION AND MANPOWER NEEDS; REPORT TO PRESIDENT

AND CONGRESS

Pub. L. 93-155, title VIII, § 810, Nov. 16, 1973, 87 Stat. 618, provided that:

"(a) The Secretary of Defense is authorized and directed to carry out a comprehensive study and investigation to determine the relative status of the Air Force Reserve and the Air National Guard of the United States. In carrying out such study and investigation the Secretary shall quantitatively measure the effects on full costs and on combat capability and readiness, as well as enumerate the military and other advantages and disadvantages of at least the following alternatives: (1) merging the Air Force Reserve into the Air National Guard structure; (2) merging the Air National Guard into the Air Force Reserve structure; and (3) retaining both the Air Force Reserve and the Air National Guard. Such study shall also consider and give equal weight to the modernization needs of the Air National Guard and the Air Force Reserve, including: (1) aircraft; (2) ground equipment; (3) facilities; (4) communication, and (5) other pertinent needs. It shall also consider the related problems of recruiting, training and retraining sufficient manpower of needed quality to man the authorized units.

"(b) The Secretary of Defense shall submit to the President and the Congress a detailed report of such study and investigation not later than January 31, 1975. The Secretary shall include in such report a complete evaluation of each of the alternatives specified in subsection (a) above, and a detailed explanation of the facts and information which serve as the basis for any conclusions stated therein, and shall also include in such report such recommendations for legislative action as he deems appropriate."

§ 133. Secretary of Defense: appointment; powers and duties; delegation by.

REPORTS TO CONGRESSIONAL COMMITTEES ON FOREIGN POLICY AND MILITARY FORCE STRUCTURE Section 812 of Pub. L. 94-106, title VIII, Oct. 7, 1975, 89 Stat. 540, provided that: "The Secretary of Defense, after consultation with the Secretary of State, shall prepare and submit to the Committees on Armed Services

of the Senate and the House of Representatives a written annual report on the foreign policy and military force structure of the United States for the next fiscal year, how such policy and force structure relate to each other, and the justification for each. Such report shall be submitted not later than January 31 of each year." REPORTS TO CONGRESS ON PROPOSED TRANSFER OR Sale of DEFENSE ARTICLES

Section 813 of Pub. L. 94-106, title VIII, Oct. 7, 1975, 89 Stat. 540, provided that:

"In the case of any letter of offer to sell or any proposal to transfer defense articles which are valued at $25,000,000 or more than the United States active forces' inventories, the Secretary of Defense shall submit a report to the Congress setting forth

"(1) the impact of such sales or transfers on the current readiness of United States forces; and

"(2) the adequacy of reimbursements to cover, at the time of replenishment to United States' inventories, the full replacement costs of those items sold or transferred."

§ 134. Deputy Secretaries of Defense: appointment; powers and duties; precedence.

(a) There are two Deputy Secretaries of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as a Deputy Secretary of Defense within ten years after relief from active duty as a commissioned officer of a regular component of an armed force.

(b) The Deputy Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The Deputy Secretaries, in the order of precedence, designated by the President shall act for, and exercise the powers of, the Secretary when the Secretary is disabled or there is no Secretary of Defense.

(c) The Deputy Secretaries take precedence in the Department of Defense immediately after the Secretary. (As amended Pub. L. 92-596, § 4(1), Oct. 27, 1972, 86 Stat. 1318.)

AMENDMENTS

1972-Subsec. (a). Pub. L. 92-596 substituted "Deputy Secretaries" for "Deputy Secretary" in the catchline, and in subsec. (a) substituted "There are two Deputy Secretaries of Defense" for "There is a Deputy Secretary of Defense".

Subsec. (b). Pub. L. 92-596 provided for the exercise of powers and duties consequent to the creation of a second Deputy Secretary.

Subsec. (c). Pub. L. 92-596 substituted "The Deputy Secretaries take" for "The Deputy Secretary takes". § 135. Director of Defense Research and Engineering: appointment; powers and duties; precedence.

(c) The Director takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretaries of Defense, and the Secretaries of the military departments. (As amended Pub. L. 92-596, § 4(2), Oct. 27, 1972, 86 Stat. 1318.)

AMENDMENTS

1972-Subsec. (c). Pub. L. 92-596 substituted "Deputy Secretaries" for "Deputy Secretary".

§ 136. Assistant Secretaries of Defense: appointment; powers and duties; precedence.

(a) There are nine Assistant Secretaries of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.

(e) The Assistant Secretaries take precedence in the Department of Defense after the Secretary, the Deputy Secretaries of Defense, the Secretaries of the military departments and the Director of Defense Research and Engineering.

(As amended Pub. L. 92-215, § 1, Dec. 22, 1971, 85 Stat 777; Pub. L. 92-596, § 4(2), Oct. 27, 1972, 86 Stat. 1318.)

AMENDMENTS

1972-Subsec. (e). Pub. L. 92-596 substituted "Deputy Secretaries" for "Deputy Secretary".

1971-Subsec. (a). Pub. L. 92-215 increased the number of Assistant Secretaries of Defense from eight to nine. § 138. Secretary of Defense: Annual authorization of appropriations for armed forces.

(a) No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for

(1) procurement of aircraft, missiles, or naval vessels;

(2) any research, development, test, or evaluation, or procurement or production related thereto; (3) procurement of tracked combat vehicles; (4) procurement of other weapons; or

(5) procurement of naval torpedoes and related support equipment;

(6) military construction (as defined in subsection (e) of this section);

unless funds therefor have been specifically authorized by law.

(b) Congress shall authorize the personnel strength of the Selected Reserve of each reserve component of the armed forces. No funds may be appropriated for any fiscal year for the pay and allowances of members of any reserve component of the armed forces unless the personnel strength of the Selected Reserve of that reserve component for that fiscal year has been authorized by law.

(c) (1) Congress shall authorize the end strength as of the end of each fiscal year for active-duty personnel for each component of the armed forces. No funds may be appropriated for any fiscal year to or for the use of the active-duty personnel of any component of the armed forces unless the end strength for active-duty personnel of that component for that fiscal year has been authorized by law.

(2) Congress shall authorize the end strength as of the end of each fiscal year for civilian personnel for each component of the Department of Defense. No funds may be appropriated for any fiscal year to or for the use of the civilian personnel of any component of the Department of Defense unless the end strength for civilian personnel of that component for that fiscal year has been authorized by law.

(3) The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, recommending the annual active duty end strength level for each component of the armed forces for the next fiscal year and the annual civilian personnel end strength level for each component of the Department of Defense for the next fiscal year, and shall include in that report justification for the strength levels recommended and an explanation of the relationship between the personnel strength levels recommended for that fiscal year