48 U.S.C. § 1494 — Purposes

Page 132 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1493 not later than 270 days after June 30, 2016), the Secretary shall, within the Empowering Insular Communities activity (except in the case of Puerto Rico), establish a team of technical, pol- icy, and financial experts— (1) to develop an energy action plan address- ing the energy needs of each of the insular areas and Freely Associated States; and (2) to assist each of the insular areas and Freely Associated States in implementing such plan. (c) Participation of regional utility organizations In establishing the team, the Secretary shall consider including regional utility organiza- tions. (d) Energy action plan In accordance with subsection (b), the energy action plan shall include— (1) recommendations, based on the com- prehensive energy plan where applicable, to— (A) reduce reliance and expenditures on fuel shipped to the insular areas and Freely Associated States from ports outside the United States; (B) develop and utilize domestic fuel en- ergy sources; and (C) improve performance of energy infra- structure and overall energy efficiency; (2) a schedule for implementation of such recommendations and identification and prioritization of specific projects; (3) a financial and engineering plan for im- plementing and sustaining projects; and (4) benchmarks for measuring progress to- ward implementation. (e) Reports to Secretary Not later than 1 year after the date on which the Secretary establishes the team and annually thereafter, the team shall submit to the Sec- retary a report detailing progress made in ful- filling its charge and in implementing the en- ergy action plan. (f) Annual reports to Congress Not later than 30 days after the date on which the Secretary receives a report submitted by the team under subsection (e), the Secretary shall submit to the appropriate committees of Con- gress a summary of the report of the team. (g) Approval of Secretary required The energy action plan shall not be imple- mented until the Secretary approves the energy action plan. (Pub. L. 113–235, § 9, Dec. 16, 2014, 128 Stat. 2133; Pub. L. 114–187, title V, § 505(d), June 30, 2016, 130 Stat. 602.) Editorial Notes CODIFICATION Section is from the Consolidated and Further Con- tinuing Appropriations Act, 2015. AMENDMENTS 2016—Subsec. (a)(5). Pub. L. 114–187, § 505(d)(1), in- serted ‘‘, except that, with respect to Puerto Rico, the term means, the Secretary of Energy’’ after ‘‘Secretary of the Interior’’. Subsec. (b). Pub. L. 114–187, § 505(d)(2), in introductory provisions, inserted ‘‘(except in the case of Puerto Rico, in which case not later than 270 days after June 30, 2016)’’ after ‘‘December 16, 2014’’ and ‘‘(except in the case of Puerto Rico)’’ after ‘‘Empowering Insular Com- munities activity’’. § 1493. Prosecution; authorization to seek review; local or Federal appellate courts; decisions, judgments or orders The prosecution in a territory or Common- wealth is authorized—unless precluded by local law—to seek review or other suitable relief in the appropriate local or Federal appellate court, or, where applicable, in the Supreme Court of the United States from— (a) a decision, judgment, or order of a trial court dismissing an indictment or information as to any one or more counts, except that no review shall lie where the constitutional pro- hibition against double jeopardy would further prosecution; (b) a decision or order of a trial court sup- pressing or excluding evidence or requiring the return of seized property in a criminal pro- ceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the prosecution certifies to the trial court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding; and (c) an adverse decision, judgment, or order of an appellate court. (Pub. L. 98–454, title X, § 1003, Oct. 5, 1984, 98 Stat. 1746.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as an Ef- fective Date of 1984 Amendment note under section 1424 of this title. § 1494. Purposes The purposes of sections 1494 to 1494c of this title are to improve enforcement of drug laws and enhance interdiction of illicit drug ship- ments in the Caribbean and Pacific territories and commonwealths of the United States and the Trust Territory of the Pacific Islands (or successor governments) and to assist public and private sector drug abuse and other substance prevention and treatment programs in United States associated insular areas. (Pub. L. 99–570, title V, § 5002, Oct. 27, 1986, 100 Stat. 3207–154; Pub. L. 100–690, title IX, § 9308, Nov. 18, 1988, 102 Stat. 4538.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 inserted ‘‘and the Trust Terri- tory of the Pacific Islands (or successor governments)’’ after ‘‘commonwealths of the United States’’, ‘‘and other substance’’ before ‘‘prevention’’, and ‘‘associ- ated’’ before ‘‘insular areas.’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–690, title IX, § 9301(a), Nov. 18, 1988, 102 Stat. 4535, provided that: ‘‘This subtitle [subtitle D Page 133 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1494b (§§ 9301–9310) of title IX of Pub. L. 100–690, enacting sec- tion 1494c of this title and amending this section and sections 1494a and 1494b of this title and section 10603 of Title 42, The Public Health and Welfare] may be cited as the ‘Insular Areas Drug Abuse Amendments of 1988’.’’ SHORT TITLE Pub. L. 99–570, title V, § 5001, Oct. 27, 1986, 100 Stat. 3207–154, provided that: ‘‘This subtitle [subtitle A (§§ 5001–5004) of title V of Pub. L. 99–570, enacting this section and sections 1494a and 1494b of this title] may be cited as the ‘United States Insular Areas Drug Abuse Act of 1986’.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this title. § 1494a. Annual reports to Congress (a) In general The President shall report annually to the Congress as to— (1) the efforts and success of Federal agen- cies in preventing the illegal entry into the United States of controlled substances from the insular areas of the United States outside the customs territory of the United States, the Trust Territory of the Pacific Islands, and states freely associated with the United States and the nature and extent of such illegal entry, and (2) the efforts and success of Federal agen- cies in preventing the illegal entry from other nations, including states freely associated with the United States, of controlled sub- stances into the United States territories, the Trust Territory of the Pacific Islands, and the commonwealths for use in the territories, the Trust Territory of the Pacific Islands, and commonwealths or for transshipment to the United States and the nature and extent of such illegal entry and use. (b) Transmission date The annual reports required by subsection (a) shall be transmitted to the Committee on Nat- ural Resources of the United States House of Representatives and to the Committee on En- ergy and Natural Resources of the United States Senate not later than the first day of October each year. (Pub. L. 99–570, title V, § 5003, Oct. 27, 1986, 100 Stat. 3207–155; Pub. L. 100–690, title IX, § 9309, Nov. 18, 1988, 102 Stat. 4539; Pub. L. 103–437, § 17(a)(3), Nov. 2, 1994, 108 Stat. 4595.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ before ‘‘of the United States House’’. 1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and inserted heading, inserted ‘‘, the Trust Territory of the Pacific Islands,’’ before ‘‘and states’’ in par. (1) and after ‘‘territories’’ in two places in par. (2), and added subsec. (b). Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this title. § 1494b. Enforcement and administration in insu- lar areas (a) American Samoa (1) With the approval of the Attorney General of the United States or his designee, law en- forcement officers of the Government of Amer- ican Samoa are authorized to— (A) execute and serve warrants, subpoenas, and summons issued under the authority of the United States; (B) make arrests without warrant; and (C) make seizures of property to carry out the purposes of sections 1494 to 1494c of this title, the Controlled Substances Import and Export Act (21 U.S.C. 951–970), and any other applicable narcotics laws of the United States. (2) The Attorney General and the Secretaries of Education and Health and Human Services of the United States, as appropriate, are author- ized to and, upon request of the Government of American Samoa, shall— (A) train law enforcement officers and other personnel of the Government of American Samoa, and (B) provide by purchase or lease law enforce- ment equipment and technical assistance to the Government of American Samoa to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or territorial drug or other substance abuse laws. (3) There are authorized to be appropriated $350,000 for fiscal year 1989 and annually there- after for grants to the Government of American Samoa to be expended in accordance with a plan approved by the Secretary of the Interior in con- sultation with the Attorney General and the Secretaries of Education and Health and Human Services to carry out the purposes of sections 1494 to 1494c of this title, to remain available until expended. (4) The Secretary of the Treasury in consulta- tion with the Secretary of the Interior shall pro- vide the Government of American Samoa with a vessel to be used in the enforcement of narcotics and other laws. There are authorized to be ap- propriated $500,000 for this purpose. (b) Guam (1) The Attorney General and the Secretaries of Education and Health and Human Services of the United States may provide and, upon re- quest of the Government of Guam, shall provide appropriate training, technical assistance and equipment to the Government of Guam to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or territorial drug or other substance abuse law. (2) There are authorized to be appropriated $500,000 for fiscal year 1989 and annually there- after for grants to the Government of Guam to be expended in accordance with a plan approved by the Secretary of the Interior in consultation