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5 U.S.C. § 704 — Actions reviewable
Federal law — U.S. Code and appendices · legal_authorities
Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.
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Stable record: federal_law:legal_authorities:record_usc_37537096b21479c4b5ca7d5c
Source file: Laws/federal/codes/united-states-code/title-5/section-704-actions-reviewable--f4ca1b944e.md
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Source location: Title 5, Chapter 7, § 704; chapter-007-judicial-review.md
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Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Inspections generally** — The Board shall conduct a continuing program of inspections to assess the degree of compliance of each registered public accounting firm and associated persons of that firm with this Act, the rules of the Board, the rules of the Commission, or professional standards, in connection with its performance of audits, issuance of audit reports, and related matters involving issuers.
(2) **Inspections of audit reports for brokers and dealers**
(A) The Board may, by rule, conduct and require a program of inspection in accordance with paragraph (1), on a basis to be determined by the Board, of registered public accounting firms that provide one or more audit reports for a broker or dealer. The Board, in establishing such a program, may allow for differentiation among classes of brokers and dealers, as appropriate.
(B) If the Board determines to establish a program of inspection pursuant to subparagraph (A), the Board shall consider in establishing any inspection schedules whether differing schedules would be appropriate with respect to registered public accounting firms that issue audit reports only for one or more brokers or dealers that do not receive, handle, or hold customer securities or cash or are not a member of the Securities Investor Protection Corporation.
(C) Any rules of the Board pursuant to this paragraph shall be subject to prior approval by the Commission pursuant to [section 7217(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7217/b&num=0&edition=prelim) before the rules become effective, including an opportunity for public notice and comment.
(D) Notwithstanding anything to the contrary in [section 7212 of this title](https://uscode.house.gov/view.xh
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7215
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation and membership**
(1) **Creation** — There is hereby established a body corporate to be known as the “Securities Investor Protection Corporation” (hereafter in this chapter referred to as “SIPC”). SIPC shall be a nonprofit corporation and shall have succession until dissolved by Act of the Congress. SIPC shall—
(A) not be an agency or establishment of the United States Government; and
(B) except as otherwise provided in this chapter, be subject to, and have all the powers conferred upon a nonprofit corporation by, the District of Columbia Nonprofit Corporation Act.
(2) **Membership**
(A) *Members of SIPC* — SIPC shall be a membership corporation the members of which shall be all persons registered as brokers or dealers under section 78o(b) of this title, other than—
(i) persons whose principal business, in the determination of SIPC, taking into account business of affiliated entities, is conducted outside the United States and its territories and possessions;
(ii) persons whose business as a broker or dealer consists exclusively of (I) the distribution of shares of registered open end investment companies or unit investment trusts, (II) the sale of variable annuities, (III) the business of insurance, or (IV) the business of rendering investment advisory services to one or more registered investment companies or insurance company separate accounts; and
(iii) persons who are registered as a broker or dealer pursuant to section 78o(b)(11)(A) of this title.
(B) *Commission review* — SIPC shall file with the Commission a copy of any determination made pursuant to subparagraph (A)(i). Within thirty days after the date of such filing, or within such longer period as the Commission may designate of not more than ninety days after such
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 78ccc
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General requirement of registration** It shall be unlawful for any member, broker, or dealer to effect any transaction in any security (other than an exempted security) on a national securities exchange unless a registration is effective as to such security for such exchange in accordance with the provisions of this chapter and the rules and regulations thereunder. The provisions of this subsection shall not apply in respect of a security futures product traded on a national securities exchange.
**(b) Procedure for registration; information** A security may be registered on a national securities exchange by the issuer filing an application with the exchange (and filing with the Commission such duplicate originals thereof as the Commission may require), which application shall contain—
(1) Such information, in such detail, as to the issuer and any person directly or indirectly controlling or controlled by, or under direct or indirect common control with, the issuer, and any guarantor of the security as to principal or interest or both, as the Commission may by rules and regulations require, as necessary or appropriate in the public interest or for the protection of investors, in respect of the following:
(A) the organization, financial structure, and nature of the business;
(B) the terms, position, rights, and privileges of the different classes of securities outstanding;
(C) the terms on which their securities are to be, and during the preceding three years have been, offered to the public or otherwise;
(D) the directors, officers, and underwriters, and each security holder of record holding more than 10 per centum of any class of any equity security of the issuer (other than an exempted security), their remuneration and their interests in the securi
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 78l
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Registration procedures; notice of filing; other regulatory agencies**
(1) The Commission shall, upon the filing of an application for registration as a national securities exchange, registered securities association, or registered clearing agency, pursuant to section 78f, 78o–3, or 78q–1 of this title, respectively, publish notice of such filing and afford interested persons an opportunity to submit written data, views, and arguments concerning such application. Within ninety days of the date of publication of such notice (or within such longer period as to which the applicant consents), the Commission shall—
(A) by order grant such registration, or
(B) institute proceedings to determine whether registration should be denied. Such proceedings shall include notice of the grounds for denial under consideration and opportunity for hearing and shall be concluded within one hundred eighty days of the date of a publication of notice of the filing of the application for registration. At the conclusion of such proceedings the Commission, by order, shall grant or deny such registration. The Commission may extend the time for conclusion of such proceedings for up to ninety days if it finds good cause for such extension and publishes its reasons for so finding or for such longer period as to which the applicant consents.
The Commission shall grant such registration if it finds that the requirements of this chapter and the rules and regulations thereunder with respect to the applicant are satisfied. The Commission shall deny such registration if it does not make such finding.
(2) With respect to an application for registration filed by a clearing agency for which the Commission is not the appropriate regulatory agency—
(A) The Commission shall not grant registra
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 78s
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of this part, in the case of a multiemployer plan in effect on July 16, 2006—
(1) if the plan is in endangered status—
(A) the plan sponsor shall adopt and implement a funding improvement plan in accordance with the requirements of subsection (c), and
(B) the requirements of subsection (d) shall apply during the funding plan adoption period and the funding improvement period,
(2) if the plan is in critical status—
(A) the plan sponsor shall adopt and implement a rehabilitation plan in accordance with the requirements of subsection (e), and
(B) the requirements of subsection (f) shall apply during the rehabilitation plan adoption period and the rehabilitation period,
(3) if the plan is in critical and declining status—
(A) the requirements of paragraph (2) shall apply to the plan; and
(B) the plan sponsor may, by plan amendment, suspend benefits in accordance with the requirements of subsection (e)(9), and
(4) if the plan is an eligible multiemployer plan which is applying for or receiving special financial assistance under section 4262 of the Employee Retirement Income Security Act of 1974, the requirements of subsection (k) shall apply to the plan.
**(b) Determination of endangered and critical status** For purposes of this section—
(1) **Endangered status** — A multiemployer plan is in endangered status for a plan year if, as determined by the plan actuary under paragraph (3), the plan is not in critical status for the plan year and is not described in paragraph (5), and, as of the beginning of the plan year, either—
(A) the plan’s funded percentage for such plan year is less than 80 percent, or
(B) the plan has an accumulated funding deficiency for such plan year, or is projected to have such an accumula
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 432
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of this part, in the case of a multiemployer plan in effect on July 16, 2006—
(1) if the plan is in endangered status—
(A) the plan sponsor shall adopt and implement a funding improvement plan in accordance with the requirements of subsection (c), and
(B) the requirements of subsection (d) shall apply during the funding plan adoption period and the funding improvement period,
(2) if the plan is in critical status—
(A) the plan sponsor shall adopt and implement a rehabilitation plan in accordance with the requirements of subsection (e), and
(B) the requirements of subsection (f) shall apply during the rehabilitation plan adoption period and the rehabilitation period, and
(3) if the plan is in critical and declining status—
(A) the requirements of paragraph (2) shall apply to the plan; and
(B) the plan sponsor may, by plan amendment, suspend benefits in accordance with the requirements of subsection (e)(9).
**(b) Determination of endangered and critical status** For purposes of this section—
(1) **Endangered status** — A multiemployer plan is in endangered status for a plan year if, as determined by the plan actuary under paragraph (3), the plan is not in critical status for the plan year and is not described in paragraph (5), and, as of the beginning of the plan year, either—
(A) the plan’s funded percentage for such plan year is less than 80 percent, or
(B) the plan has an accumulated funding deficiency for such plan year, or is projected to have such an accumulated funding deficiency for any of the 6 succeeding plan years, taking into account any extension of amortization periods under [section 1084(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1084/d&num=0&ed
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1085
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfer of functions from Federal Power Commission**
(1) There are transferred to, and vested in, the Commission the following functions of the Federal Power Commission or of any member of the Commission or any officer or component of the Commission:
(A) the investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, reservoirs, powerhouses, transmission lines, or other works for the development and improvement of navigation and for the development and utilization of power across, along, from, or in navigable waters under part I of the Federal Power Act [[16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.];
(B) the establishment, review, and enforcement of rates and charges for the transmission or sale of electric energy, including determinations on construction work in progress, under part II of the Federal Power Act [[16 U.S.C. 824](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824&num=0&edition=prelim) et seq.], and the interconnection, under section 202(b), of such Act [[16 U.S.C. 824a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824a/b&num=0&edition=prelim)], of facilities for the generation, transmission, and sale of electric energy (other than emergency interconnection);
(C) the establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a producer or gatherer or by a natural gas pipeline or natural gas company under sections 1, 4, 5, and 6 of the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7173
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notification of Commission of proposed action; public comment** Except as provided in [section 7173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7173&num=0&edition=prelim), whenever the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function which is transferred to the Secretary under [section 7151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7151&num=0&edition=prelim) or [section 60501 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60501&num=0&edition=prelim), he shall notify the Commission of the proposed action. If the Commission, in its discretion, determines within such period as the Secretary may prescribe, that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to section 7172(a)(1) and (c)(1) of this title and [section 60502 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60502&num=0&edition=prelim), the Secretary shall immediately refer the matter to the Commission, which shall provide an opportunity for public comment.
**(b) Recommendations of Commission; publication** Following such opportunity for public comment the Commission, after consultation with the Secretary, shall either—
(1) concur in adoption of the rule or statement as proposed by the Secretary;
(2) concur in adoption of the rule or statement only with such changes as it may recommend; or
(3) recommend that the rule or statement not be adopted.
The Commission shall promptly publish its recommendations, adopted under this subsection, along with an explanation of the reason for its ac
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7175
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary or any officer designated by him shall provide for the making of such adjustments to any rule, regulation or order described in [section 7191(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191/a&num=0&edition=prelim) issued under the Federal Energy Administration Act [[15 U.S.C. 761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section761&num=0&edition=prelim) et seq.], the Emergency Petroleum Allocation Act of 1973 11 See References in Text note below. [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq.], the Energy Supply and Environmental Coordination Act of 1974 [[15 U.S.C. 791](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section791&num=0&edition=prelim) et seq.], or the Energy Policy and Conservation Act [[42 U.S.C. 6201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6201&num=0&edition=prelim) et seq.], consistent with the other purposes of the relevant Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens, and shall by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or recission 22 So in original. Probably should be “recision”. of, exception to, or exemption from, such rule, regulation or order. The Secretary or any such officer shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such appl
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7195
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa** The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
**(b) Record of lawful admission for permanent residence; reduction of preference visas** Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien’s lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 1152 and 1153 of this title within the class to which the alien is chargeable for the fiscal year then current.
**(c) Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa** Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in [section 1151(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:U
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1255
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