I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 02:49:38. Database: USCODE Search: (34:CITE) ------DocID 6968 Document 1 of 55------ -CITE- 2 USC Sec. 34 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 34. Representatives' and Delegates' salaries payable monthly -STATUTE- Representatives and Delegates-elect to Congress, whose credentials in due form of law have been duly filed with the Clerk of the House of Representatives, in accordance with the provisions of section 26 of this title, may receive their compensation monthly, from the beginning of their term until the beginning of the first session of each Congress, upon a certificate in the form now in use to be signed by the Clerk of the House, which certificate shall have the like force and effect as is given to the certificate of the Speaker. -SOURCE- (R.S. Sec. 38; Mar. 3, 1875, ch. 130, Sec. 1, 18 Stat. 389.) -COD- CODIFICATION R.S. Sec. 38 derived from act Mar. 3, 1873, ch. 226, Sec. 1, 17 Stat. 488. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 8126 Document 2 of 55------ -CITE- 5 USC CHAPTER 34 -EXPCITE- TITLE 5 PART III Subpart B CHAPTER 34 -HEAD- CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES -MISC1- Sec. 3401. Definitions. 3402. Establishment of part-time career employment programs. 3403. Limitations. 3404. Personnel ceilings. 3405. Nonapplicability. 3406. Regulations. 3407. Reports. 3408. Employee organization representation. AMENDMENTS 1978 - Pub. L. 95-437, Sec. 3(b), Oct. 10, 1978, 92 Stat. 1058, added items 3391 to 3398, which were renumbered 3401 to 3408 by Pub. L. 95-454, title IX, Sec. 906(c)(1)(A), Oct. 13, 1978, 92 Stat. 1226, which section also substituted 'CHAPTER 34' for 'SUBCHAPTER VIII' in heading. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 38 section 4114. ------DocID 9894 Document 3 of 55------ -CITE- 7 USC CHAPTER 34 -EXPCITE- TITLE 7 CHAPTER 34 -HEAD- CHAPTER 34 - SUGAR PRODUCTION AND CONTROL ------DocID 11990 Document 4 of 55------ -CITE- 10 USC CHAPTER 34 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 34 -HEAD- CHAPTER 34 - APPOINTMENTS AS RESERVE OFFICERS -MISC1- Sec. 591. Reserve components: qualifications. 592. Commissioned officer grades. 593. Commissioned officers: appointment, how made; term. 594. Commissioned officers: original appointment; limitation. 595. Officers: appointment upon transfer. (596. Repealed.) 597. Warrant officers: grades; appointment, how made; term. 598. Warrant officers: promotion. 599. Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency. 600. Officer candidates. 600a. Attending Physician to the Congress. AMENDMENTS 1986 - Pub. L. 99-661, div. A, title V, Sec. 508(d)(1)(B), Nov. 14, 1986, 100 Stat. 3867, added item 600a. 1980 - Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2849, substituted '34' for '35' as chapter number. 1958 - Pub. L. 85-861, Sec. 1(11), Sept. 2, 1958, 72 Stat. 1440, added item 592 and struck out item 596 'Officers: promotion'. -CROSS- CROSS REFERENCES Particular provisions relating to appointments as reserve officers - Air Force, see section 8351 et seq. of this title. Army, see section 3351 et seq. of this title. Regulations to carry out this chapter, see section 280 of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 280 of this title. ------DocID 14624 Document 5 of 55------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 34 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PRACTICE BEFORE THE COURT -HEAD- Rule 34. Computation of Time -STATUTE- (a) General. In computing any period of time prescribed or allowed by these Rules, order of the Court, or any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a holiday. When the period of time prescribed or allowed is less than 7 days, intervening Saturdays, Sundays, and legal holidays, will be excluded in the computation. When a period of time is computed under these rules from the date of the decision of a Court of Military Review, such time is to be computed from the date of such decision unless a petition for reconsideration is timely filed, in which event the period of time is to be computed from the date of final action on the petition for reconsideration. (b) Additional time when service by mail. Whenever a party has the right or is required to do some act within a prescribed period after the issuance of an order or the filing of a notice, pleading, or other paper relative to a case when service thereof is made upon him by mail, 5 days will be added to the prescribed period if the party upon whom the service is made is within the limits of the contiguous 48 States and the District of Columbia, and 15 days will be added if the party is located outside these limits, including the States of Alaska and Hawaii. This provision for additional time shall not apply, however, to the time limitations prescribed in Rule 19(a)(1) for the filing of a petition for grant of review. -SOURCE- (As amended Oct. 1, 1987.) ------DocID 15166 Document 6 of 55------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 34 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 34. - Caption of Adversary Proceedings -STATUTE- UNITED STATES BANKRUPTCY COURT XXXXXXXX DISTRICT OF XXXXXXXX XXXXXXXXXXXXXXXX In re Case No. XXX XXXXXXXXXXXXXXX, Debtor, XXXXXXXXXXXXXXX, Adv. Pro. No. XX Plaintiff, v. XXXXXXXXXXXXXXX, Defendant. XXXXXXXXXXXXXXXX COMPLAINT (OR OTHER DESIGNATION) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Rule 7010 requires the caption of a pleading in an adversary proceeding to conform substantially to this form. ------DocID 16778 Document 7 of 55------ -CITE- 12 USC CHAPTER 34 -EXPCITE- TITLE 12 CHAPTER 34 -HEAD- CHAPTER 34 - FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL -MISC1- Sec . 3301. Declaration of purpose. 3302. Definitions. 3303. Financial Institutions Examination Council. (a) Establishment; composition. (b) Chairmanship. (c) Term of office. (d) Designation of officers and employees. (e) Compensation and expenses. 3304. Costs and expenses of Council. 3305. Functions of Council. (a) Establishment of principles and standards. (b) Making recommendations regarding supervisory matters and adequacy of supervisory tools. (c) Development of uniform reporting system. (d) Conducting schools for examiners and assistant examiners. (e) Affect on Federal regulatory agency research and development of new financial institutions supervisory agencies. (f) Annual report. 3306. State liaison. 3307. Administration. (a) Authority of Chairman of Council. (b) Use of personnel, services, and facilities of Federal financial institutions regulatory agencies, Federal Reserve banks, and Federal Home Loan Banks. (c) Compensation, authority, and duties of officers and employees; experts and consultants. 3308. Access to books, accounts, records, etc., by Council. 3309. Risk management training. (a) Seminars. (b) Study of risk management training program. 3310. Establishment of Appraisal Subcommittee. ------DocID 17476 Document 8 of 55------ -CITE- 15 USC Sec. 34 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 34. Definitions applicable to sections 34 to 36 -STATUTE- For purposes of sections 34 to 36 of this title - (1) the term 'local government' means - (A) a city, county, parish, town, township, village, or any other general function governmental unit established by State law, or (B) a school district, sanitary district, or any other special function governmental unit established by State law in one or more States, (2) the term 'person' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), but does not include any local government as defined in paragraph (1) of this section, and (3) the term 'State' has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). -SOURCE- (Pub. L. 98-544, Sec. 2, Oct. 24, 1984, 98 Stat. 2750.) -MISC1- EFFECTIVE DATE Section 6 of Pub. L. 98-544 provided that: 'This Act (enacting this section, sections 35 and 36 of this title, and provisions set out as a note under section 1 of this title) shall take effect thirty days before the date of the enactment of this Act (Oct. 24, 1984).' ------DocID 17776 Document 9 of 55------ -CITE- 15 USC Sec. 80a-34 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-34. Unlawful representations and names -STATUTE- (a) Unlawful representation of guarantee by United States or agency thereof It shall be unlawful for any person, in issuing or selling any security of which a registered investment company is the issuer, to represent or imply in any manner whatsoever that such security or company has been guaranteed, sponsored, recommended, or approved by the United States or any agency or officer thereof. (b) Unlawful representation of sponsorship by United States or agency thereof It shall be unlawful for any person registered under any section of this subchapter, to represent or imply in any manner whatsoever that such person has been sponsored, recommended, or approved, or that his abilities or qualifications have in any respect been passed upon by the United States or any agency or officer thereof. (c) Statement of registration under securities provisions No provision of subsection (a) or (b) of this section shall be construed to prohibit a statement that a person or security is registered under this chapter, the Securities Act of 1933 (15 U.S.C. 77a et seq.), or the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), if such statement is true in fact and if the effect of such registration is not misrepresented. (d) Deceptive or misleading names for investment companies It shall be unlawful for any registered investment company hereafter to adopt as a part of the name or title of such company, or of any security of which it is the issuer, any word or words which the Commission finds and by order declares to be deceptive or misleading. The Commission is authorized to bring an action in the proper district court of the United States or United States court of any Territory or other place subject to the jurisdiction of the United States alleging that the name or title of any registered investment company, or of any security which it has issued, is materially deceptive or misleading. If the court finds that the Commission's allegations in this respect, taking into consideration the history of the investment company and the length of time which it may have used any such name or title, are established, the court shall enjoin such investment company from continuing to use any such name or title. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 35, 54 Stat. 840.) -REFTEXT- REFERENCES IN TEXT The Securities Act of 1933, referred to in subsec. (c), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is classified generally to subchapter I (Sec. 77a et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77a of this title and Tables. The Securities Exchange Act of 1934, referred to in subsec. (c), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified generally to 2B (Sec. 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18497 Document 10 of 55------ -CITE- 15 USC CHAPTER 34 -EXPCITE- TITLE 15 CHAPTER 34 -HEAD- CHAPTER 34 - ANTITRUST CIVIL PROCESS -MISC1- Sec. 1311. Definitions. 1312. Civil investigative demands. (a) Issuance; service; production of material; testimony. (b) Contents; return date for demand for product of discovery. (c) Protected material or information; demand for product of discovery superseding disclosure restrictions except trial preparation materials. (d) Service; jurisdiction. (e) Service upon legal entities and natural persons. (f) Proof of service. (g) Sworn certificates. (h) Interrogatories. (i) Oral examinations. 1313. Custodian of documents, answers and transcripts. (a) Designation. (b) Production of materials. (c) Responsibility for materials; disclosure. (d) Use of investigative files. (e) Return of material to producer. (f) Appointment of successor custodians. 1314. Judicial proceedings. (a) Petition for enforcement; venue. (b) Petition for order modifying or setting aside demand; time for petition; suspension of time allowed for compliance with demand during pendency of petition; grounds for relief. (c) Petition for order modifying or setting aside demand for production of product of discovery; grounds for relief; stay of compliance with demand and of running of time allowed for compliance with demand. (d) Petition for order requiring performance by custodian of duties; venue. (e) Jurisdiction; appeal; contempts. (f) Applicability of Federal Rules of Civil Procedure. (g) Disclosure exemption. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 18a of this title; title 18 sections 1505, 1905; title 42 section 6272; title 44 section 3518; title 46 App. section 1702; title 50 App. section 2158a. ------DocID 19659 Document 11 of 55------ -CITE- 16 USC Sec. 34 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 34. Road extensions -STATUTE- Road extensions and improvements shall be made in the Yellowstone National Park under and in harmony with the general plan of roads and improvements to be approved by the Secretary of the Interior. -SOURCE- (July 1, 1918, ch. 113, Sec. 1, 40 Stat. 678.) -CROSS- CROSS REFERENCES Roads, trails, and national park approach roads, see sections 8 and 8a to 8d of this title. ------DocID 20437 Document 12 of 55------ -CITE- 16 USC Sec. 410cc-34 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part C -HEAD- Sec. 410cc-34. Acquisition and disposition of property -STATUTE- (a) Acquisition of specified property; manner of acquisition (1) The Commission may acquire any property designated in paragraph (3) of this subsection, any property described in section 410cc-32(d)(1) of this title, or any interest therein, by donation, by purchase with donated or appropriated funds, or by condemnation in accordance with paragraph (2) of this subsection. (2) Only properties within the park or property designated in paragraph (3) of this subsection may be acquired by the Commission by condemnation. The Commission may initiate condemnation proceedings only after making every reasonable effort to acquire any such property through negotiations and purchase and consulting with the city council of Lowell. No lands or interests therein may be acquired by the Commission by condemnation without the approval of the Secretary. (3) The Commission may acquire in accordance with paragraph (1) of this subsection the following properties, or any interest therein: (A) World Furniture Building, 125 Central Street; and (B) The Martin Building, 102-122 Central Street. (b) Sale or lease of specified property; conditions The Commission, with the approval of the Secretary, may sell or lease any property which it acquires under subsection (a) of this section subject to such deed restrictions or other conditions as the Commission deems appropriate to carry out the purpose of this subchapter. (c) Agreement for disposal of specified property to Commonwealth of Massachusetts; purposes of transfers Pursuant to a written agreement between the Commission and the Commonwealth of Massachusetts, the Commission, with the approval of the Secretary, may sell, donate, lease, or in any other manner the Commission and the Secretary deem appropriate make available to the Commonwealth any property which the Commission has acquired under subsection (a) of this section in order to provide for the administration or maintenance of such property by the Commonwealth in a manner consistent with the purpose of this subchapter. -SOURCE- (Pub. L. 95-290, title III, Sec. 304, June 5, 1978, 92 Stat. 302.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 410cc-13, 410cc-32, 410cc-35 of this title. ------DocID 23014 Document 13 of 55------ -CITE- 16 USC CHAPTER 34 -EXPCITE- TITLE 16 CHAPTER 34 -HEAD- CHAPTER 34 - RURAL ENVIRONMENTAL CONSERVATION PROGRAM -MISC1- Sec. 1501. Establishment and purpose of programs; contracting and purchasing authority of Secretary; maintenance of continuing and stable supply of agricultural commodities and forest products. 1502. Plan of farming operations or land use; necessity for contract applicants to furnish Secretary; contents of plan. 1503. Contracts. (a) Approved conservation plans as basis; duties of landowner or operator under contracts. (b) Duties of Secretary under contracts; shared costs. (c) Termination and modification of contracts. 1504. Authority of Secretary to furnish eligible owners and operators conservation materials, etc. 1505. Multiyear set-aside contracts. (a) Contracting authority of Secretary; duration of contracts; eligibility and duties of producers. (b) Cost-sharing incentives for farm operators. 1506. Rules and regulations; limitations on total acreage retired from production pursuant to contracts. 1507. Advisory boards. (a) State boards; functions; membership; appointment and qualifications of members; meetings. (b) National board; establishment in consultation with Secretary of the Interior; functions and duties. 1508. Coordination with and utilization by Secretary of Federal, State, and local services and facilities to carry out programs and plans. 1509. Repealed. 1510. Authorization of appropriations; construction and continuation of programs, contracts, and authorities. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2103 of this title. ------DocID 23810 Document 14 of 55------ -CITE- 18 USC Sec. 34 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 34. Penalty when death results -STATUTE- Whoever is convicted of any crime prohibited by this chapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 844 of this title. ------DocID 25122 Document 15 of 55------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 34 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VII -HEAD- Rule 34. Arrest of Judgment -STATUTE- The court on motion of a defendant shall arrest judgment if the indictment or information does not charge an offense or if the court was without jurisdiction of the offense charged. The motion in arrest of judgment shall be made within 7 days after verdict or finding of guilty, or after plea of guilty or nolo contendere, or within such further time as the court may fix during the 7-day period. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule continues existing law except that it enlarges the time for making motions in arrest of judgment from 3 days to 5 days. See Rule II (2) of Criminal Appeals Rules of 1933, 292 U.S.C. 661. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The words 'on motion of a defendant' are added to make clear here, as in Rule 33, that the court may act only pursuant to a timely motion by the defendant. The amendment to the second sentence is designed to clarify an ambiguity in the rule as originally drafted. In Lott v. United States, 367 U.S. 421 (1961) the Supreme Court held that when a defendant pleaded nolo contendere the time in which a motion could be made under this rule did not begin to run until entry of the judgment. The Court held that such a plea was not a 'determination of guilty.' No reason of policy appears to justify having the time for making this motion commence with the verdict or finding of guilt but not with the acceptance of the plea of nolo contendere or the plea of guilty. The amendment changes the result in the Lott case and makes the periods uniform. The amendment also changes the time in which the motion may be made to 7 days. See the Advisory Committee's Note to Rule 29. -CROSS- CROSS REFERENCES Enlargement of time not permitted for motion under this rule, see rule 45. ------DocID 26086 Document 16 of 55------ -CITE- 20 USC Sec. 30 to 34 -EXPCITE- TITLE 20 CHAPTER 2 -HEAD- Sec. 30 to 34. Repealed. Pub. L. 90-576, title I, Sec. 103, Oct. 16, 1968, 82 Stat. 1091 -MISC1- Section 30, acts Mar. 3, 1931, ch. 404, Sec. 1, 46 Stat. 1489; May 17, 1932, ch. 190, 47 Stat. 158, extended to Puerto Rico the benefits of sections 11-15, 16, and 18-28 of this title. Section 31, act Mar. 18, 1950, ch. 71, Sec. 1, 64 Stat. 27, extended to Virgin Islands the benefits of Vocational Education Act of 1946 (sections 15i to 15m, 15o to 15q, 15aa to 15jj, and 15aaa to 15ggg of this title). Section 32, act Mar. 18, 1950, ch. 71, Sec. 2, 64 Stat. 27; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, authorized distribution of funds to Virgin Islands. Section 33, act Mar. 18, 1950, ch. 71, Sec. 3, 64 Stat. 27; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set conditions governing use and payment of funds in Virgin Islands. Section 34, act Aug. 1, 1956, ch. 852, Sec. 9, 70 Stat. 909, extended to Guam the benefits of Vocational Education Act of 1946. EFFECTIVE DATE OF REPEAL Section 103 of Pub. L. 90-576 provided that the repeal is effective July 1, 1969. ------DocID 26715 Document 17 of 55------ -CITE- 20 USC Sec. 1070d-34 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-34. Allocation among States -STATUTE- From the sums appropriated pursuant to section 1070d-41 of this title for any fiscal year, the Secretary shall allocate to each State having an agreement under section 1070d-35 of this title - (1) $1,500 multiplied by the number of individuals in the State eligible for scholarships pursuant to section 1070d-37(b) of this title, plus (2) $10,000, plus 5 percent of the amount to which a State is eligible under paragraph (1) of this section. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419D, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344.) -MISC1- PRIOR PROVISIONS A prior section 1070d-34, Pub. L. 89-329, title IV, Sec. 419D, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2901, related to allocation among States of amounts for Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99-498. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1070d-35 of this title. ------DocID 27211 Document 18 of 55------ -CITE- 20 USC CHAPTER 34 -EXPCITE- TITLE 20 CHAPTER 34 -HEAD- CHAPTER 34 - NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE -MISC1- Sec. 1501. Congressional statement of policy. 1502. Establishment. (a) Independent agency within executive branch. (b) Administrative services. 1503. Contributions. 1504. Functions and powers. (a) Advice to President and Congress; studies and surveys; plans; annual report. (b) Contract authority. (c) Hearings. (d) Cooperation with other agencies. 1505. Membership. (a) Appointment; terms of office; Chairman; vacancies. (b) Compensation; travel expenses. (c) Professional and technical personnel. 1506. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3441 of this title. ------DocID 29030 Document 19 of 55------ -CITE- 22 USC Sec. 277d-34 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-34. American-Mexican Boundary Treaty, authorization for carrying out treaty provisions; investigations; land acquisition, purposes; damages, repair or compensation -STATUTE- In connection with the treaty between the United States of America and the United Mexican States to resolve pending boundary differences and maintain the Rio Grande and the Colorado River as the international boundary between the United States of America and the United Mexican States, signed November 23, 1970, (hereafter in this Act referred to as the 'treaty'), the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States, and Mexico (hereafter in this Act referred to as the 'Commissioner'), is authorized - (1) to conduct technical and other investigations relating to - (A) the demarcation, mapping, monumentation, channel relocation, rectification, improvement, stabilization, and other matters relating to the preservation of the river boundaries between the United States and Mexico; (B) the establishment and delimitation of the maritime boundaries in the Gulf of Mexico and in the Pacific Ocean; (C) water resources; and (D) the sanitation and the prevention of pollution; (2) to acquire by donation, purchase, or condemnation, all lands or interests in lands required - (A) for transfer to Mexico as provided in the treaty; (B) for construction of that portion of new river channels and the adjoining levees in the territory of the United States; (C) to preserve the Rio Grande and the Colorado River as the boundary by preventing the construction of works which may cause deflection or obstruction of the normal flow of the rivers or of their floodflows; and (D) for relocation of any structure or facility, public or private, the relocation of which, in the judgment of the Commissioner, is necessitated by the project; and (3) to remove, modify, or repair the damages caused to Mexico by works constructed in the United States which the International Boundary and Water Commission, United States and Mexico, as determined have an adverse effect on Mexico, or to compensate Mexico for such damages. -SOURCE- (Pub. L. 92-549, title I, Sec. 101, Oct. 25, 1972, 86 Stat. 1161.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 92-549, Oct. 25, 1972, 86 Stat. 1161, which enacted sections 277d-34 to 277d-42 of this title and amended section 1322 of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out below and Tables. -MISC2- SHORT TITLE Section 1 of Pub. L. 92-549 provided: 'That this Act (enacting this section and sections 277d-35 to 277d-42 of this title and amending section 1322 of Title 19, Customs Duties) may be cited as the 'American-Mexican Boundary Treaty Act of 1972'.' ------DocID 30394 Document 20 of 55------ -CITE- 22 USC CHAPTER 34 -EXPCITE- TITLE 22 CHAPTER 34 -HEAD- CHAPTER 34 - THE PEACE CORPS -MISC1- Sec. 2501. Congressional declaration of purpose. 2501-1. Independent agency status of Peace Corps. 2501a. Voluntary service programs. (a) Congressional declaration of policy of encouragement. (b) Limitations on executive activities and use of funds. (c) Compromise of national character. 2502. Presidential authorization; appropriations and financial readjustments. (a) Terms and conditions of authorization. (b) Authorization of appropriations. (c) Appropriations for increases in salary, pay, etc. (d) Integration of women into national economics. (e), (f) Repealed. (g) Redesignated (d). (h) Integration of disabled people. 2503. Director and Deputy Director; delegation of functions. (a) Appointment. (b) Exercise of functions by Director. (c) Powers and functions of Secretary of State; coordination of activities; responsibility for supervision and direction of programs. (d) Prohibition on performance of services more usefully performed by other agencies. 2504. Peace Corps volunteers. (a) Persons eligible; terms and conditions of service; Federal employee status; racial, sex, religious, or color discrimination. (b) Living allowances, travel, leave and related items; transfers of supplies and equipment. (c) Readjustment allowances. (d) Repealed. (e) Health care. (f) Retirement and other credits based upon length of service. (g) Assignment to other entities. (h) Tort claims; absentee voting; general average contributions for transportation of baggage; check cashing and currency exchange; claims for overpayment of pay; passport fees. (i) Termination of service. (j) Oath of office. (k) Counseling programs for returned volunteers. (l) Legal expenses of defendant in judicial or administrative proceedings. (m) Allowances and expenses of minor children. (n) Moving expenses. 2505. Peace Corps volunteer leaders; number; applicability of chapter; benefits. 2506. Peace Corps employees. (a) Foreign employment; compensation, allowances, and benefits; utilization of Presidential authority respecting Foreign Service; additional compensation and differentials; additional governmental employment by person receiving Foreign Service Reserve or staff appointment or assignment; limitation on length of employment. (b) Repealed. (c) Peace Corps representatives; terms and conditions of service; removal. 2507. Training program. (a) Applicants for enrollment and enrolled volunteers. (b) Citizen trainees for voluntary programs; foreign nationals as trainees; advances of funds or reimbursement basis; use of credits. (c) Instruction in communism. 2508. Foreign participants; admission into the United States as nonimmigrants; deportation. 2509. Presidential powers and authorities. (a) Contract authority; assignment of volunteers; acceptance of voluntary services and gifts and transfers of property; personal service contracts. (b) Claim settlements. (c) Three-year contract authority. (d) Waiver of certain Federal laws. (e) Allocation of funds. (f) Utilization of other Government agency services and facilities. (g) Reimbursement for commodities, services and facilities. (h) Hospitalization and medical treatment for Foreign Service local employees. (i) Procurement of legal services. (j) Malpractice protection. 2510. Reports to Congress. 2511. Peace Corps National Advisory Council. (a) Establishment. (b) Functions. (c) Membership. (d) Compensation. (e) Quorum. (f) Financial interests of members. (g) Chair and Vice Chair. (h) Meetings, bylaws, and regulations. (i) Reports to the President and the Director. (j) Administrative assistance. 2512. Experts and consultants. (a) Employment; compensation, travel expenses and per diem; renewal of contracts. (b) Exemption from restrictions upon receipt of retirement benefits. 2513. Assignment of personnel to foreign governments or international organizations. (a) Authority; oath of allegiance. (b) Benefits of detailed personnel. (c) Reimbursement provisions. 2514. Use of funds. (a) Administrative and other expenses. (b) Travel expenses abroad; transportation of personal effects, household goods and automobiles; storage. (c) Costs of training personnel employed or assigned overseas. (d) Payment of expenses. 2515. Repealed. 2516. Use of foreign currencies. 2517. Activities promoting Americans' understanding of other peoples. 2518. Seal and name. (a) Judicial notice. (b) Exclusiveness of use; penalties for violations; injunctions. 2519. Security investigations. 2520. Military training and service exemption. 2521. Foreign language proficiency. 2521a. Nonpartisan appointments. 2522. Definitions. 2523. Separability. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2275, 2371, 2398, 4071c, 5424 of this title; title 5 section 8332; title 20 sections 1077, 1078, 1087dd, 1087ee, 1092; title 26 sections 912, 3121, 3122, 6051; title 42 sections 294d, 294n, 297b, 405, 409, 410, 12524, 12639. ------DocID 31511 Document 21 of 55------ -CITE- 24 USC Sec. 34 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 34. Hospitalization of persons outside continental limits of United States; persons entitled; availability of other facilities; rate of charges; disposition of payments -STATUTE- In addition to those persons, including the dependents of naval and Marine Corps personnel, now authorized to receive hospitalization at naval hospitals, hospitalization and dispensary service may be provided at naval hospitals and dispensaries outside of the continental limits of the United States and in Alaska, to the officers and employees of any department or agency of the Federal Government, to employees of a contractor with the United States or his subcontractor, to the dependents of such persons, and in emergencies to such other persons as the Secretary of the Navy may prescribe: Provided, That such hospitalization and dispensary service to other than the dependents of naval and Marine Corps personnel shall be permitted only where facilities are not otherwise available in reasonably accessible and appropriate non-Federal hospitals. The charge for hospitalization or dispensary service for persons other than dependents of naval and Marine Corps personnel as specified in this section shall be at such rates as the President shall from time to time prescribe, and shall be deposited as provided in section 32 (FOOTNOTE 1) of this title. (FOOTNOTE 1) See References in Text note below. -SOURCE- (May 10, 1943, ch. 95, Sec. 4, 57 Stat. 81.) -REFTEXT- REFERENCES IN TEXT Section 32 of this title, referred to in text, was repealed by act June 7, 1956, ch. 374, Sec. 306(2), 70 Stat. 254. See section 1071 et seq. of Title 10, Armed Forces. -TRANS- DELEGATION OF FUNCTIONS Authority of President under this section to prescribe from time to time uniform rates of charges for hospitalization and dispensary services delegated to Secretary of Defense, provided, that authority hereby delegated may not be redelegated to any officer in Department of the Navy, Department of the Air Force, or Department of the Army, see Ex. Ord. No. 11609, Sec. 5, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. -EXEC- EXECUTIVE ORDER NO. 11116 Ex. Ord. No. 11116, Aug. 5, 1963, 28 F.R. 8075, as amended by Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, which provided rates of charges for hospitalization and dispensary services, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 35 of this title. ------DocID 31706 Document 22 of 55------ -CITE- 25 USC Sec. 34, 35 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 34, 35. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 642, 650 -MISC1- Section 34, acts Aug. 24, 1912, ch. 355, Sec. 8, 37 Stat. 487; June 6, 1939, ch. 185, 53 Stat. 810, authorized the superintendent, acting superintendent, and principal clerks of the different Indian superintendencies or Indian agencies to administer oaths to expense accounts. Section 35, R.S. Sec. 2064, authorized Indian Agents to take acknowledgements of deeds and to administer oaths. ------DocID 33503 Document 23 of 55------ -CITE- 25 USC CHAPTER 34 -EXPCITE- TITLE 25 CHAPTER 34 -HEAD- CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION -MISC1- Sec. 3201. Findings and purpose. (a) Findings. (b) Purpose. 3202. Definitions. 3203. Reporting procedures. (a) Omitted. (b) Notification of child abuse reports. (c) Written report of child abuse. (d) Confidentiality of informant. 3204. Central registry. (a) Preparation of study. (b) Content of study. (c) Submission to Congress. 3205. Confidentiality. 3206. Waiver of parental consent. (a) Examinations and interviews. (b) Interviews by law enforcement and child protective services officials. (c) Protection of child. (d) Court orders. 3207. Character investigations. (a) By Secretary of the Interior and Secretary of Health and Human Services. (b) Criminal records. (c) Investigations by Indian tribes and tribal organizations. 3208. Indian Child Abuse Treatment Grant Program. (a) Establishment. (b) Grant applications. (c) Maximum grant amount. (d) Grant administration and final report. (e) Authorization of appropriations. 3209. Indian Child Resource and Family Services Centers. (a) Establishment. (b) Memorandum of Agreement. (c) Center staffing. (d) Center responsibilities and functions. (e) Multidisciplinary team personnel. (f) Center advisory board. (g) Application of Indian Self-Determination Act to Centers. (h) Authorization of appropriations. 3210. Indian Child Protection and Family Violence Prevention Program. (a) Establishment. (b) Indian Self-Determination Act agreements. (c) Investigation and treatment and prevention of child abuse and family violence. (d) Program responsibilities and functions. (f) Secretarial regulations; base support funding. (g) Maintenance of effort. (h) Contract evaluation and annual report. (i) Authorization of appropriations. 3211. Report to Congress. ------DocID 33547 Document 24 of 55------ -CITE- 26 USC Sec. 34 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart C -HEAD- Sec. 34. Certain uses of gasoline and special fuels -STATUTE- (a) General rule There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of the amounts payable to the taxpayer - (1) under section 6420 with respect to gasoline used during the taxable year on a farm for farming purposes (determined without regard to section 6420(g)), (2) under section 6421 with respect to gasoline used during the taxable year (A) otherwise than as a fuel in a highway vehicle or (B) in vehicles while engaged in furnishing certain public passenger land transportation service (determined without regard to section 6421(i)), and (3) under section 6427 - (A) with respect to fuels used for nontaxable purposes or resold, or (B) with respect to any qualified diesel-powered highway vehicle purchased (or deemed purchased under section 6427(g)(6)), during the taxable year (determined without regard to section 6427(k)). (b) Exception Credit shall not be allowed under subsection (a) for any amount payable under section 6421 or 6427, if a claim for such amount is timely filed and, under section 6421(j) or 6427(k), is payable under such section. -SOURCE- (Added Pub. L. 89-44, title VIII, 809(c), June 21, 1965, 79 Stat. 167, Sec. 39, and amended Pub. L. 91-258, title II, Sec. 207(c), May 21, 1970, 84 Stat. 248; Pub. L. 94-455, title XIX, Sec. 1901(a)(3), 1906(b)(8), (9), Oct. 4, 1976, 90 Stat. 1764, 1834; Pub. L. 94-530, Sec. 1(c)(1), Oct. 17, 1976, 90 Stat. 2487; Pub. L. 95-599, title V, Sec. 505(c)(1), Nov. 6, 1978, 92 Stat. 2760; Pub. L. 95-618, title II, Sec. 233(b)(2)(C), Nov. 9, 1978, 92 Stat. 3191; Pub. L. 96-223, title II, Sec. 232(d)(4)(A), Apr. 2, 1980, 94 Stat. 278; Pub. L. 97-424, title V, Sec. 515(b)(6)(A)-(C), Jan. 6, 1983, 96 Stat. 2181; renumbered Sec. 34 and amended Pub. L. 98-369, div. A, title IV, Sec. 471(c), title IX, Sec. 911(d)(2)(A), July 18, 1984, 98 Stat. 826, 1006; Pub. L. 99-514, title XVII, Sec. 1703(e)(2)(F), title XVIII, Sec. 1877(a), Oct. 22, 1986, 100 Stat. 2778, 2902; Pub. L. 100-647, title I, Sec. 1017(c)(2), Nov. 10, 1988, 102 Stat. 3576.) -MISC1- PRIOR PROVISIONS A prior section 34, acts Aug. 16, 1954, ch. 736, 68A Stat. 13; June 25, 1959, Pub. L. 86-69, Sec. 3(a)(1), 73 Stat. 139; Sept. 14, 1960, Pub. L. 86-779, Sec. 10(e), 74 Stat. 1009; Feb. 26, 1964, Pub. L. 88-272, title II, Sec. 201(a), 78 Stat. 31, relating to dividends received by individuals, was repealed by Pub. L. 88-272, title II, Sec. 201(b), Feb. 26, 1964, 78 Stat. 31, effective with respect to dividends received after Dec. 31, 1964. AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-647 substituted 'section 6421(j) or 6427(k)' for 'section 6421(i) or 6427(j)'. 1986 - Subsec. (a)(3). Pub. L. 99-514, Sec. 1877(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: 'under section 6427 with respect to fuels used for nontaxable purposes or resold during the taxable year (determined without regard to section 6427(j)).' Pub. L. 99-514, Sec. 1703(e)(2)(F), substituted '6427(k)' for '6427(j)'. 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 39 of this title as this section. Subsec. (a)(3). Pub. L. 98-369, Sec. 911(d)(2)(A), which directed the amendment of par. (4) by substituting '6427(j)' for '6427(i)' was executed to par. (3) to reflect the probable intent of Congress and the redesignation of par. (4) as (3) by Pub. L. 97-424. Subsec. (b). Pub. L. 98-369, Sec. 911(d)(2)(A), substituted '6427(j)' for '6427(i)'. 1983 - Pub. L. 97-424, Sec. 515(b)(6)(C), substituted 'and special fuels' for ', special fuels, and lubricating oil' after 'gasoline' in section catchline. Subsec. (a)(2) to (4). Pub. L. 97-424, Sec. 515(b)(6)(A), inserted 'and' at end of par. (2), redesignated par. (4) as (3), and struck out former (3) which referred to amounts payable to the taxpayer under section 6424 with respect to lubricating oil used during the taxable year for certain nontaxable purposes (determined without regard to section 6424(f)). Subsec. (b). Pub. L. 97-424, Sec. 515(b)(6)(B)(i), substituted '6421 or 6427' for '6421, 6424, or 6427' after 'amount payable under'. Pub. L. 97-424, Sec. 515(b)(6)(B)(ii), substituted '6421(i) or 6427(i)' for '6421(i), 6424(f), or 6427(i)' after 'and, under'. 1980 - Subsec. (a)(4). Pub. L. 96-223 substituted '6427(i)' for '6427(h)'. Subsec. (b). Pub. L. 96-223 substituted '6427(i)' for '6427(h)'. 1978 - Subsec. (a)(3). Pub. L. 95-618 substituted 'for certain nontaxable purposes' for 'otherwise than in a highway motor vehicle'. Subsec. (a)(4). Pub. L. 95-599 substituted '6427(h)' for '6427(g)'. Subsec. (b). Pub. L. 95-599 substituted '6427(h)' for '6427(g)'. 1976 - Subsec. (a)(1). Pub. L. 94-455, Sec. 1906(b)(8), substituted '6420(g)' for '6420(h)'. Subsec. (a)(3). Pub. L. 94-455, Sec. 1906(b)(9), substituted '6424(f)' for '6424(g)'. Subsec. (a)(4). Pub. L. 94-530 substituted '6427(g)' for '6427(f)'. Subsec. (b). Pub. L. 94-530, which directed the amendment of subsec. (c) by substituting '6427(g)' for '6427(f)', was executed to subsec. (b) to reflect the probable intent of Congress and the redesignation of subsec. (c) as (b) by Pub. L. 94-455. Pub. L. 94-455, Sec. 1901(a)(3), redesignated subsec. (c) as (b) and substituted 'section 6421(i), 6424(f), or 6427(f), is payable' for 'section 6421(i), 6424(g) or 6427(f) is payable'. Former subsec. (b), relating to determination of taxpayers first taxable year with respect to tax credit for certain uses of gasoline and lubricating oil, was struck out. Subsec. (c). Pub. L. 94-455, Sec. 1901(a)(3), redesignated subsec. (c) as (b). 1970 - Pub. L. 91-258, Sec. 207(c)(1), inserted reference to special fuels in section catchline. Subsec. (a)(4). Pub. L. 91-258, Sec. 207(c)(2), added par. (4). Subsec. (c). Pub. L. 91-258, Sec. 207(c)(3), (4), inserted references to sections 6427 and 6427(f), respectively. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1703(e)(2)(F) of Pub. L. 99-514 applicable to gasoline removed (as defined in section 4082 of this title as amended by section 1703 of Pub. L. 99-514) after Dec. 31, 1987, see section 1703(h) of Pub. L. 99-514 set out as a note under section 4081 of this title. Amendment by section 1877(a) of Pub. L. 99-514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99-514, set out as a note under section 48 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 911(d)(2)(A) of Pub. L. 98-369 effective Aug. 1, 1984, see section 911(e) of Pub. L. 98-369, set out as a note under section 6427 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Section 515(c) of Pub. L. 97-424 provided that: 'The amendments made by this section (amending sections 39 (now 34), 874, 882, 4101, 4102, 4221, 4222, 6201, 6206, 6416, 6421, 6504, 6675, 7210, 7603 to 7605, 7609, and 7610 of this title and repealing sections 4091 to 4094 and 6424 of this title) shall apply with respect to articles sold after the date of the enactment of this Act (Jan. 6, 1983).' EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-223 effective on Jan. 1, 1979, see section 232(h)(2) of Pub. L. 96-223, set out as a note under section 6427 of this title. EFFECTIVE DATE OF 1978 AMENDMENTS Section 233(d) of Pub. L. 95-618 provided that: 'The amendments made by this section (amending sections 39 (now 34), 4041, 4221, 4483, 6416, 6421, 6424, 6427, 6504, and 6675 of this title and amending a provision set out as a note under section 120 of Title 23, Highways) shall take effect on the first day of the first calendar month which begins more than 10 days after the date of the enactment of this Act (Nov. 9, 1978).' Amendment by Pub. L. 95-599 effective Jan. 1, 1979, see section 505(d) of Pub. L. 95-599, set out as a note under section 6427 of this title. EFFECTIVE DATE OF 1976 AMENDMENTS Amendment by Pub. L. 94-530 effective on Oct. 1, 1976, see section 1(d) of Pub. L. 94-530, set out as a note under section 4041 of this title. Amendment by section 1901(a)(3) of Pub. L. 94-455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as a note under section 2 of this title. Amendment by section 1906(b)(8), (9) of Pub. L. 94-455, to take effect on Feb. 1, 1977, see section 1906(d) of Pub. L. 94-455, set out as a note under section 6013 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-258 applicable with respect to taxable years ending after June 30, 1970, see section 211(b) of Pub. L. 91-258, set out as a note under section 4041 of this title. EFFECTIVE DATE Section applicable to taxable years beginning on or after July 1, 1965, see section 809(f) of Pub. L. 89-44, set out as an Effective Date of 1965 Amendment note under section 6420 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 874, 882, 921, 995, 1366, 1374, 1375, 1503, 4682, 6211, 6213, 6420, 6421, 6427, 9502, 9503, 9508 of this title. ------DocID 34787 Document 25 of 55------ -CITE- 26 USC CHAPTER 34 -EXPCITE- TITLE 26 Subtitle D CHAPTER 34 -HEAD- CHAPTER 34 - POLICIES ISSUED BY FOREIGN INSURERS -MISC1- Sec. 4371. Imposition of tax. 4372. Definitions. 4373. Exemptions. 4374. Liability for tax. PRIOR PROVISIONS The provisions of a prior chapter 34, Documentary Stamp Taxes, were set out as: Subchapter A, Issuance of capital stock and certificates of indebtedness by a corporation, comprising sections 4301 to 4305 and 4311 to 4316. Subchapter B, Sale or transfers of capital stock and certificates of indebtedness of a corporation, comprising sections 4321 to 4324, 4331 to 4333, 4341 to 4345, and 4351 to 4354. Subchapter C, Conveyances, comprising sections 4361 to 4363. Subchapter D, Policies issued by foreign insurers, comprising sections 4371 to 4375. Subchapter E, Miscellaneous provisions applicable to documentary stamp taxes, comprising sections 4381 to 4384. Subchapters A and B were repealed by Pub. L. 89-44, title IV, Sec. 401(a), June 21, 1965, 79 Stat. 148. Subchapter C was struck out by Pub. L. 94-455, title XIX, Sec. 1904(a)(12), Oct. 4, 1976, 90 Stat. 1812. Subchapter D heading was struck out, sections 4371 to 4373 were reenacted without change, section 4374, 'liability for tax', was substituted for section 4374, 'payment of tax', and section 4375 was struck out by Pub. L. 94-455, title XIX, Sec. 1904(a)(12). Subchapter E, section 4381 was repealed by Pub. L. 89-44, title IV, Sec. 401(c), June 21, 1965, 79 Stat. 148, and sections 4382 to 4384 were struck out by Pub. L. 94-455, title XIX, Sec. 1904(a)(12), Oct. 4, 1976, 90 Stat. 1812. The subject matter of the prior sections was as follows: A prior section 4301, acts Aug. 16, 1954, ch. 736, 68A Stat. 513; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1293; Apr. 8, 1960, Pub. L. 86-416, Sec. 1, 74 Stat. 36, imposed a tax, based upon the actual value of the certificates or shares, upon each original issue of shares or certificates of stock issued by a corporation. A prior section 4302, acts Aug. 16, 1954, ch. 736, 68A Stat. 513; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1293, made provision for a determination of tax in the case of recapitalization. A prior section 4303, acts Aug. 16, 1954, ch. 736, 68A Stat. 514; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1293 granted exemptions for common trust funds, pooled investment funds, and installment purchases of certain shares or certificates, and directed attention to section 4382 for other exemptions. A prior section 4304, acts Aug. 16, 1954, ch. 736, 68A Stat. 514; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, called for the affixing of the stamps representing the tax imposed by section 4301 upon the stock books or corresponding records of the corporation. A prior section 4305, acts Aug. 16, 1954, ch. 736, 68A Stat. 514; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, made cross-references to sections 4381 and 4384 and subtitle F. A prior section 4311, acts Aug. 16, 1954, ch. 736, 68A Stat. 514; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, imposed a tax on all certificates of indebtedness issued by a corporation. A prior section 4312, acts Aug. 16, 1954, ch. 736, Sec. 4312, formerly Sec. 4313, 68A Stat. 514, renumbered Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, provided that every renewal of any certificate of indebtedness should be taxed as a new issue. A prior section 4313, acts Aug. 16, 1954, ch. 736, Sec. 4313, formerly Sec. 4314, 68A Stat. 514, renumbered Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, provided for the method of determining the rate of taxation in the case of a bond conditioned for the repayment of money and given in a penal sum greater than the debt secured. A prior section 4314, acts Aug. 16, 1954, ch. 736, Sec. 4314, formerly Sec. 4315, 68A Stat. 514, renumbered Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, granted an exemption to instruments under the terms of which the obligee was required to make installment payments of not more than 20 percent annually, and made reference to section 4382 for other exemptions. A prior section 4315, acts Aug. 16, 1954, ch. 736, Sec. 4315, formerly Sec. 4316, 68A Stat. 514, renumbered and amended Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, made cross references to sections 4381 and 4384 and subtitle F. A prior section 4321, acts Aug. 16, 1954, ch. 736, 68A Stat. 515; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1295; Sept. 21, 1959, Pub. L. 86-344, Sec. 5(a), 73 Stat. 619, imposed a tax upon the sale or transfer of shares or certificates of stock or of rights to subscribe to receive such shares or certificates issued by a corporation. A prior section 4322, acts Aug. 16, 1954, ch. 736, 68A Stat. 515; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1295, granted exemptions in the case of sales by brokers or registered nominees and in the case of odd lot sales. A prior section 4323, acts Aug. 16, 1954, ch. 736, 68A Stat. 516; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1296; Sept. 21, 1959, Pub. L. 86-344, Sec. 5(b), 73 Stat. 619, called for the affixing of the stamps representing the tax upon the books of the corporation and the certification of the actual value of the shares transferred, and made reference to section 4352 in the case of transfers shown otherwise than by the books of the corporation. A prior section 4324, acts Aug. 16, 1954, ch. 736, 68A Stat. 516; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1296, made cross references to other sections and subtitles for definitions, penalties, and other general and administrative provisions. A prior section 4331, acts Aug. 16, 1954, ch. 736, 68A Stat. 516; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1296, imposed a tax upon each sale or transfer of any certificate of indebtedness issued by a corporation. A prior section 4332, acts Aug. 16, 1954, ch. 736, 68A Stat. 516; Jan. 28, 1956, ch. 19, 70 Stat. 9; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1296, granted exemptions in the case of transfers and sales by brokers and installment purchases of obligations and made reference to other exemptions listed in other sections. A prior section 4333, acts Aug. 16, 1954, ch. 736, 68A Stat. 516; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1296, made cross references to other sections and subtitles for definitions, penalties, and other general and administrative provisions. A prior section 4341, acts Aug. 16, 1954, ch. 736, 68A Stat. 517; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1297, granted an exemption from the imposition of the tax under sections 4321 and 4331 in the case of transfers as collateral security and as security for performance. A prior section 4342, acts Aug. 16, 1954, ch. 736, 68A Stat. 517; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1297, granted exemptions in the case of delivery or transfer of instruments by a fiduciary to his nominee or between nominees or by a custodian. A prior section 4343, acts Aug. 16, 1954, ch. 736, 68A Stat. 517; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1297, provided that taxes imposed by sections 4321 and 4331 would not apply in specified cases involving decedents, minors, incompetents, financial institutions, bankrupts, successors, foreign governments and aliens, trustees, and survivors. A prior section 4344, Pub. L. 85-859, title I, Sec. 141(a), Sept. 2, 1958, 72 Stat. 1298, made provision for an exemption from tax in the case of specified loan transactions, worthless stock and obligations, and transfers between certain revocable trusts. A prior section 4345, acts Aug. 16, 1954, ch. 736, Sec. 4345, formerly Sec. 4344, 68A Stat. 518, renumbered and amended Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1298, required an exemption certificate setting forth the facts as prescribed by regulations. A prior section 4346, acts Aug. 16, 1954, ch. 736, Sec. 4346, formerly Sec. 4345, 68A Stat. 518, renumbered Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1298, made cross reference to other sections for additional exemptions. A prior section 4351, acts Aug. 16, 1954, ch. 736, 68A Stat. 518; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1299, defined registered nominee and sale or transfer. A prior section 4352, acts Aug. 16, 1954, ch. 736, Sec. 4352, formerly Sec. 4353, 68A Stat. 519, renumbered Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1299, provided for the affixing of the stamps required either on the instrument itself or on the memorandum or bill of sale. A prior section 4353, Pub. L. 85-859, title I, Sec. 141(a), Sept. 2, 1958, 72 Stat. 1299, made provision for the payment of tax through the national securities exchanges without the use of stamps. A prior section 4354, acts Aug. 16, 1954, ch. 736, 68A Stat. 519; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1299, made cross references to section 4384 and subtitle F for penalties and other general and administrative provisions. A prior section 4361, acts Aug. 16, 1954, ch. 736, 68A Stat. 520; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1299; June 21, 1965, Pub. L. 89-44, title IV, Sec. 401(b), 79 Stat. 148, related to the imposition of a tax on each deed, instrument, or writing by which any realty is sold, assigned, transferred, or otherwise conveyed. A prior section 4362, acts Aug. 16, 1954, ch. 736, 68A Stat. 520; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1300, related to exemptions to the tax imposed by former section 4361. A prior section 4363, acts Aug. 16, 1954, ch. 736, 68A Stat. 520; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1300, related to cross references to former section 4384 and subtitle F of this title. A prior section 4375, acts Aug. 16, 1954, ch. 736, 68A Stat. 522; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1301, made cross-references to section 4384 and subtitle F. A prior section 4381, acts Aug. 16, 1954, ch. 736, 68A Stat. 523, Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1302, defined certificates of indebtedness, corporation, and shares or certificates of stock. A prior section 4382, acts Aug. 16, 1954, ch. 736, 68A Stat. 523; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1302; Oct. 16, 1962, Pub. L. 87-834, Sec. 6(e)(2), 76 Stat. 984, granted exemptions to Government and state obligations, etc. A prior section 4383, Pub. L. 85-859, title I, 141(a), Sept. 2, 1958, 72 Stat. 1303, related to the taxation of continuing and terminated partnerships. A prior section 4384, acts Aug. 16, 1954, ch. 736, 68A Stat. 524, Sec. 4384, formerly Sec. 4383, renumbered and amended Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1303, related to liability for the tax. AMENDMENTS 1976 - Pub. L. 94-455, title XIX, Sec. 1904(a)(12), Oct. 4, 1976, 90 Stat. 1812, substituted 'Policies Issued by Foreign Insurers' for 'Documentary Stamp Taxes' as chapter heading and struck out items relating to subchapters C to E. 1965 - Pub. L. 89-44, title IV, Sec. 401(a), June 21, 1965, 79 Stat. 148, struck out items relating to subchapters A and B. EFFECTIVE DATES OF REPEAL Section 701(c)(1) of Pub. L. 89-44 provided that: 'The amendments made by section 401 (repealing sections 4301 to 4305, 4311 to 4315, 4321 to 4324, 4331 to 4333, 4341 to 4346, 4351 to 4354 and 4381 of this title) (relating to documentary stamp taxes) shall apply on and after January 1, 1966.' Repeal of sections 4361 to 4363, 4375, 4382 to 4384 by section 1904(a)(12) of Pub. L. 94-455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1904(d) of Pub. L. 94-455, set out as an Effective Date of 1976 Amendment note under section 4041 of this title. ------DocID 35922 Document 26 of 55------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 34 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 34. Petition -STATUTE- (a) General: (1) Deficiency or Liability Actions: The petition with respect to a notice of deficiency or a notice of liability shall be substantially in accordance with Form 1 shown in Appendix I, and shall comply with the requirements of these Rules relating to pleadings. Ordinarily, a separate petition shall be filed with respect to each notice of deficiency or each notice of liability. However, a single petition may be filed seeking a redetermination with respect to all notices of deficiency or liability directed to one person alone or to such person and one or more other persons or to a husband and a wife individually, except that the Court may require a severance and a separate case to be maintained with respect to one or more of such notices. Where the notice of deficiency or liability is directed to more than one person, each such person desiring to contest it shall file a petition, either separately or jointly with any such other person, and each such person must satisfy all the requirements of this Rule in order for the petition to be treated as filed by or for such person. The petition shall be complete, so as to enable ascertainment of the issues intended to be presented. No telegram, cablegram, radiogram, telephone call, electronically transmitted copy, or similar communication will be recognized as a petition. Failure of the petition to satisfy applicable requirements may be ground for dismissal of the case. As to the joinder of parties, see Rule 61; and as to the effect of misjoinder of parties, see Rule 62. For the circumstances under which a timely mailed petition will be treated as having been timely filed, see Code Section 7502. (2) Other Actions: For the requirements relating to the petition in declaratory judgment actions, in disclosure actions, in partnership actions, or in administrative costs actions, see Rule 211(b), 221(b), 241(b), and 271(b), respectively. As to joinder of parties in declaratory judgment actions and in disclosure actions, see Rules 215 and 226, respectively. (b) Content of Petition in Deficiency or Liability Actions: The petition in a deficiency or liability action shall contain (see Form 1, Appendix I): (1) In the case of a petitioner other than a corporation, the petitioner's name and legal residence; in the case of a corporate petitioner, its name and principal place of business or principal office or agency; and, in all cases, the petitioner's mailing address and identification number (e.g., Social Security number or employer identification number) and the office of the Internal Revenue Service with which the tax return for the period in controversy was filed. The mailing address, legal residence, principal place of business, or principal office or agency shall be stated as of the date of filing the petition. In the event of a variance between the name set forth in the notice of deficiency or liability and the correct name, a statement of the reasons for such variance shall be set forth in the petition. (2) The date of the notice of deficiency or liability, or other proper allegations showing jurisdiction in the Court, and the City and State of the office of the Internal Revenue Service which issued the notice. (3) The amount of the deficiency or liability, as the case may be, determined by the Commissioner, the nature of the tax, the year or years or other periods for which the determination was made; and, if different from the Commissioner's determination, the approximate amount of taxes in controversy. (4) Clear and concise assignments of each and every error which the petitioner alleges to have been committed by the Commissioner in the determination of the deficiency or liability. The assignments of error shall include issues in respect of which the burden of proof is on the Commissioner. Any issue not raised in the assignment of errors shall be deemed to be conceded. Each assignment of error shall be separately lettered. (5) Clear and concise lettered statements of the facts on which petitioner bases the assignments of error, except with respect to those assignments of error as to which the burden of proof is on the Commissioner. (6) A prayer setting forth relief sought by the petitioner. (7) The signature, mailing address, and telephone number of each petitioner or each petitioner's counsel, as well as counsel's Tax Court bar number. (8) A copy of the notice of deficiency or liability, as the case may be, which shall be appended to the petition, and with which there shall be included so much of any statement accompanying the notice as is material to the issues raised by the assignments of error. If the notice of deficiency or liability or accompanying statement incorporates by reference any prior notices, or other material furnished by the Internal Revenue Service, such parts thereof as are material to the issues raised by the assignments of error likewise shall be appended to the petition. A claim for reasonable litigation or administrative costs shall not be included in the petition in a deficiency or liability action. For the requirements as to claims for reasonable litigation or administrative costs, see Rule 231. (c) Content of Petition in Other Actions: For the requirements as to the content of the petition in other actions, see Rule 211(c), (d), and (e), Rule 221(c), (d), and (e), Rule 241(c), (d), and (e), and Rule 271(b). (d) Number Filed: For each petition filed, there shall be a signed original together with two conformed copies. ------DocID 37016 Document 27 of 55------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 34 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 34. Oral argument -STATUTE- (a) In general; local rule. - Oral argument shall be allowed in all cases unless pursuant to local rule a panel of three judges, after examination of the briefs and record, shall be unanimously of the opinion that oral argument is not needed. Any such local rule shall provide any party with an opportunity to file a statement setting forth the reasons why oral argument should be heard. A general statement of the criteria employed in the administration of such local rule shall be published in or with the rule and such criteria shall conform substantially to the following minimum standard: Oral argument will be allowed unless (1) the appeal is frivolous; or (2) the dispositive issue or set of issues has been recently authoritatively decided; or (3) the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. (b) Notice of argument; postponement. - The clerk shall advise all parties whether oral argument is to be heard, and if so, of the time and place therefor, and the time to be allowed each side. A request for postponement of the argument or for allowance of additional time must be made by motion filed reasonably in advance of the date fixed for hearing. (c) Order and content of argument. - The appellant is entitled to open and conclude the argument. The opening argument shall include a fair statement of the case. Counsel will not be permitted to read at length from briefs, records or authorities. (d) Cross and separate appeals. - A cross or separate appeal shall be argued with the initial appeal at a single argument, unless the court otherwise directs. If a case involves a cross-appeal, the plaintiff in the action below shall be deemed the appellant for the purpose of this rule unless the parties otherwise agree or the court otherwise directs. If separate appellants support the same argument, care shall be taken to avoid duplication of argument. (e) Non-appearance of parties. - If the appellee fails to appear to present argument, the court will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the court may hear argument on behalf of the appellee, if present. If neither party appears, the case will be decided on the briefs unless the court shall otherwise order. (f) Submission on briefs. - By agreement of the parties, a case may be submitted for decision on the briefs, but the court may direct that the case be argued. (g) Use of physical exhibits at argument; removal. - If physical exhibits other than documents are to be used at the argument, counsel shall arrange to have them placed in the court room before the court convenes on the date of the argument. After the argument counsel shall cause the exhibits to be removed from the court room unless the court otherwise directs. If exhibits are not reclaimed by counsel within a reasonable time after notice is given by the clerk, they shall be destroyed or otherwise disposed of as the clerk shall think best. -SOURCE- (As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES A majority of circuits now limit oral argument to thirty minutes for each side, with the provision that additional time may be made available upon request. The Committee is of the view that thirty minutes to each side is sufficient in most cases, but that where additional time is necessary it should be freely granted on a proper showing of cause therefor. It further feels that the matter of time should be left ultimately to each court of appeals, subject to the spirit of the rule that a reasonable time should be allowed for argument. The term 'side' is used to indicate that the time allowed by the rule is afforded to opposing interests rather than to individual parties. Thus if multiple appellants or appellees have a common interest, they constitute only a single side. If counsel for multiple parties who constitute a single side feel that additional time is necessary, they may request it. In other particulars this rule follows the usual practice among the circuits. See 3d Cir. Rule 31; 6th Cir. Rule 20; 10th Cir. Rule 23. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1979 AMENDMENT The proposed amendment, patterned after the recommendations in the Report of the Commission on Revision of the Federal Court Appellate System, Structure and Internal Procedures: Recommendations for Change, 1975, created by Public Law 489 of the 92nd Cong. 2nd Sess., 86 Stat. 807, sets forth general principles and minimum standards to be observed in formulating any local rule. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1986 AMENDMENT The amendments to Rules 34(a) and (e) are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Rehearing, no oral argument permitted, see rule 40. ------DocID 37078 Document 28 of 55------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 34 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes -STATUTE- (a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b). (b) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. (c) Persons Not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land. -SOURCE- (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES In England orders are made for the inspection of documents, English Rules Under the Judicature Act (The Annual Practice, 1937) O. 31, r.r. 14, et seq., or for the inspection of tangible property or for entry upon land, O. 50, r.3. Michigan provides for inspection of damaged property when such damage is the ground of the action. Mich.Court Rules Ann. (Searl, 1933) Rule 41, Sec. 2. Practically all states have statutes authorizing the court to order parties in possession or control of documents to permit other parties to inspect and copy them before trial. See Ragland, Discovery Before Trial (1932), Appendix, p. 267, setting out the statutes. Compare (former) Equity Rule 58 (Discovery - Interrogatories - Inspection and Production of Documents - Admission of Execution or Genuineness) (fifth paragraph). NOTES OF ADVISORY COMMITTEE ON RULES - 1946 AMENDMENT Note. The changes in clauses (1) and (2) correlate the scope of inquiry permitted under Rule 34 with that provided in Rule 26(b), and thus remove any ambiguity created by the former differences in language. As stated in Olson Transportation Co. v. Socony-Vacuum Oil Co., E.D.Wis. 1944, 8 Fed.Rules Serv. 34.41, Case 2, '. . . Rule 34 is a direct and simple method of discovery.' At the same time the addition of the words following the term 'parties' makes certain that the person in whose custody, possession, or control the evidence reposes may have the benefit of the applicable protective orders stated in Rule 30(b). This change should be considered in the light of the proposed expansion of Rule 30(b). An objection has been made that the word 'designated' in Rule 34 has been construed with undue strictness in some district court cases so as to require great and impracticable specificity in the description of documents, papers, books, etc., sought to be inspected. The Committee, however, believes that no amendment is needed, and that the proper meaning of 'designated' as requiring specificity has already been delineated by the Supreme Court. See Brown v. United States, 1928, 276 U.S. 134, 143, 48 S.Ct. 288 ('The subpoena . . . specifies . . . with reasonable particularity the subjects to which the documents called for related.'); Consolidated Rendering Co. v. Vermont, 1908, 207 U.S. 541, 543-544, 28 S.Ct. 178 ('We see no reason why all such books, papers and correspondence which related to the subject of inquiry, and were described with reasonable detail, should not be called for and the company directed to produce them. Otherwise, the State would be compelled to designate each particular paper which it desired, which presupposes an accurate knowledge of such papers, which the tribunal desiring the papers would probably rarely, if ever, have.'). NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT Rule 34 is revised to accomplish the following major changes in the existing rule: (1) to eliminate the requirement of good cause; (2) to have the rule operate extrajudicially; (3) to include testing and sampling as well as inspecting or photographing tangible things; and (4) to make clear that the rule does not preclude an independent action for analogous discovery against persons not parties. Subdivision (a). Good cause is eliminated because it has furnished an uncertain and erratic protection to the parties from whom production is sought and is now rendered unnecessary by virtue of the more specific provisions added to Rule 26(b) relating to materials assembled in preparation for trial and to experts retained or consulted by parties. The good cause requirement was originally inserted in Rule 34 as a general protective provision in the absence of experience with the specific problems that would arise thereunder. As the note to Rule 26(b)(3) on trial preparation materials makes clear, good cause has been applied differently to varying classes of documents, though not without confusion. It has often been said in court opinions that good cause requires a consideration of need for the materials and of alternative means of obtaining them, i.e., something more than relevance and lack of privilege. But the overwhelming proportion of the cases in which the formula of good cause has been applied to require a special showing are those involving trial preparation. In practice, the courts have not treated documents as having a special immunity to discovery simply because of their being documents. Protection may be afforded to claims of privacy or secrecy or of undue burden or expense under what is now Rule 26(c) (previously Rule 30(b)). To be sure, an appraisal of 'undue' burden inevitably entails consideration of the needs of the party seeking discovery. With special provisions added to govern trial preparation materials and experts, there is no longer any occasion to retain the requirement of good cause. The revision of Rule 34 to have it operate extrajudicially, rather than by court order, is to a large extent a reflection of existing law office practice. The Columbia Survey shows that of the litigants seeking inspection of documents or things, only about 25 percent filed motions for court orders. This minor fraction nevertheless accounted for a significant number of motions. About half of these motions were uncontested and in almost all instances the party seeking production ultimately prevailed. Although an extrajudicial procedure will not drastically alter existing practice under Rule 34 - it will conform to it in most cases - it has the potential of saving court time in a substantial though proportionately small number of cases tried annually. The inclusion of testing and sampling of tangible things and objects or operations on land reflects a need frequently encountered by parties in preparation for trial. If the operation of a particular machine is the basis of a claim for negligent injury, it will often be necessary to test its operating parts or to sample and test the products it is producing. Cf. Mich.Gen.Ct.R. 310.1(1) (1963) (testing authorized). The inclusive description of 'documents' is revised to accord with changing technology. It makes clear that Rule 34 applies to electronic data compilations from which information can be obtained only with the use of detection devices, and that when the data can as a practical matter be made usable by the discovering party only through respondent's devices, respondent may be required to use his devices to translate the data into usable form. In many instances, this means that respondent will have to supply a print-out of computer data. The burden thus placed on respondent will vary from case to case, and the courts have ample power under Rule 26(c) to protect respondent against undue burden of expense, either by restricting discovery or requiring that the discovering party pay costs. Similarly, if the discovering party needs to check the electronic source itself, the court may protect respondent with respect to preservation of his records, confidentially of nondiscoverable matters, and costs. Subdivision (b). The procedure provided in Rule 34 is essentially the same as that in Rule 33, as amended, and the discussion in the note appended to that rule is relevant to Rule 34 as well. Problems peculiar to Rule 34 relate to the specific arrangements that must be worked out for inspection and related acts of copying, photographing, testing, or sampling. The rule provides that a request for inspection shall set forth the items to be inspected either by item or category, describing each with reasonable particularity, and shall specify a reasonable time, place, and manner of making the inspection. Subdivision (c). Rule 34 as revised continues to apply only to parties. Comments from the bar make clear that in the preparation of cases for trial it is occasionally necessary to enter land or inspect large tangible things in the possession of a person not a party, and that some courts have dismissed independent actions in the nature of bills in equity for such discovery on the ground that Rule 34 is preemptive. While an ideal solution to this problem is to provide for discovery against persons not parties in Rule 34, both the jurisdictional and procedural problems are very complex. For the present, this subdivision makes clear that Rule 34 does not preclude independent actions for discovery against persons not parties. NOTES OF ADVISORY COMMITTEE ON RULES - 1980 AMENDMENT Subdivision (b). The Committee is advised that, 'It is apparently not rare for parties deliberately to mix critical documents with others in the hope of obscuring significance.' Report of the Special Committee for the Study of Discovery Abuse, Section of Litigation of the American Bar Association (1977) 22. The sentence added by this subdivision follows the recommendation of the Report. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendment is technical. No substantive change is intended. -CROSS- FORMS Motion for production of documents, etc., see form 24, Appendix of Forms. CROSS REFERENCES Consequences of failure to comply with order, see rule 37. Perpetuation of testimony, order and examination, see rule 27. Subpoena for production of documentary evidence, see rule 45. Summary judgment, continuance to procure discovery opposing, see rule 56. ------DocID 37177 Document 29 of 55------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 34 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 34. Consent To Proceed Before a United States Magistrate, Election of Appeal to District Judge, and Order of Reference -STATUTE- UNITED STATES DISTRICT COURT FOR THE XXXXX DISTRICT OF XXXXXXXX XXXXXXXXXXXXXXXX Plaintiff, vs. W Docket No. XXXX Defendant. XXXXXXXXXXXXXXXX CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE In accordance with the provisions of Title 28, U.S.C. Sec. 636(c), the parties to the above-captioned civil matter hereby voluntarily waive their rights to proceed before a judge of the United States district court and consent to have a United States magistrate conduct any and all further proceedings in the case, including trial, and order the entry of a final judgment. XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXX XXXXXXXX Date ELECTION OF APPEAL TO DISTRICT JUDGE (Do not execute this portion of the Consent Form if the parties desire that the appeal lie directly to the court of appeals.) In accordance with the provisions of Title 28, U.S.C. Sec. 636(c)(4), the parties elect to take any appeal in this case to a district judge. XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXX XXXXXXXX Date ORDER OF REFERENCE IT IS HEREBY ORDERED that the above-captioned matter be referred to United States Magistrate XXXXXX for all further proceedings and the entry of judgment in accordance with Title 28, U.S.C. Sec. 636(c) and the foregoing consent of the parties. XXXXXXXXXXXXXX U.S. District Judge Note: Return this form to the Clerk of the Court only if all parties have consented to proceed before a magistrate. -SOURCE- (Added Apr. 28, 1983, eff. Aug. 1, 1983.) ------DocID 37301 Document 30 of 55------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 34 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 34. Form of Typewritten Papers -STATUTE- .1. Any paper specifically permitted by these Rules to be presented to the Court without being printed shall, subject to Rule 39.3, be typewritten on opaque, unglazed paper 8 1/2 x 11 inches in size and shall be stapled or bound at the upper left-hand corner. The typed matter, except quotations, must be double spaced. Copies, if required, must be produced on the same type of paper. All copies presented to the Court must be legible. .2. The original of any motion or application (except a motion to dismiss or affirm under Rule 18.6) must be signed in manuscript by the party proceeding pro se or by counsel of record who must be a member of the Bar of this Court. ------DocID 37356 Document 31 of 55------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 34 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 34. Production of Documents and Things and Entry upon Land for Inspection and Other Purposes -STATUTE- (a) Scope. Any party may serve on any other party a request: (1) to produce and permit the party making the request, or someone acting on such party's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody, or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b). (b) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon the United States after service of the complaint. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that the United States may serve a response within 45 days after service of the complaint. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. (c) Persons Not Parties. (Not Used.) (d) Calls. (1) Issuance. Pursuant to 28 U.S.C. Sec. 2507(a), the court at any time (A) may call upon any department or agency of the United States for any information or papers it deems necessary to be filed with the clerk within a specified time, or (B) in any case appropriate for a computation by a department or agency of the United States, the court, upon the motion of a party or on its own motion, may issue a call for the computation. Within 30 days after the clerk has served notice of the filing of the computation, each party shall file with the clerk its acceptance or rejection of the computation. A rejection shall be accompanied by a statement of the reasons therefor. (2) Refusal of Compliance. The head of any department or agency of the United States may refuse to comply with such a call when, in the head of the department's or agency's opinion, compliance will be injurious to the public interest. Such refusal may be made known by a communication signed by the head of the department or agency and filed with the clerk. ------DocID 37463 Document 32 of 55------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 34 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes -STATUTE- (a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b). (b) Procedure. The request may, without leave of court, be served upon the plaintiff after filing of the complaint and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected by either individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. -SOURCE- (As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988.) ------DocID 38501 Document 33 of 55------ -CITE- 30 USC Sec. 34 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 34. Description of vein claims on surveyed and unsurveyed lands; monuments on ground to govern conflicting calls -STATUTE- The description of vein or lode claims upon surveyed lands shall designate the location of the claims with reference to the lines of the public survey, but need not conform therewith; but where patents have been or shall be issued for claims upon unsurveyed lands, the Director of the Bureau of Land Management in extending the public survey, shall adjust the same to the boundaries of said patented claims so as in no case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued for mineral lands, those lands only shall be segregated and shall be deemed to be patented which are bounded by the lines actually marked, defined, and established upon the ground by the monuments of the official survey upon which the patent grant is based, and the Director of the Bureau of Land Management in executing subsequent patent surveys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The said monuments shall at all times constitute the highest authority as to what land is patented, and in case of any conflict between the said monuments of such patented claims and the descriptions of said claims in the patents issued therefor the monuments on the ground shall govern, and erroneous or inconsistent descriptions or calls in the patent descriptions shall give way thereto. -SOURCE- (R.S. Sec. 2327; Apr. 28, 1904, ch. 1796, 33 Stat. 545; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -COD- CODIFICATION R.S. Sec. 2327 derived from act May 10, 1872, ch. 152, Sec. 8, 17 Stat. 94. -MISC3- AMENDMENTS 1925 - Act Mar. 3, 1925, affected words now reading 'United States supervisor of surveys' in first and second sentences of text. These words formerly read 'the surveyor-general.' This act abolished the office of surveyor general, and transferred to and consolidated with the Field Surveying Service, under the jurisdiction of the U.S. Supervisor of Surveys, the administration, equipment, etc., of such office. -TRANS- TRANSFER OF FUNCTIONS Director of the Bureau of Land Management, substituted for United States Supervisor of Surveys wherever appearing. In the establishment of the Bureau of Land Management by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees, the office of Supervisor of Surveys was abolished and the functions and powers were transferred to the Secretary of the Interior, to be performed by such officers or agencies of the Department as might be designated by the Secretary. Under that authority, the functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief Cadastral Engineer, subject to the supervision of the Director of the Bureau of Land Management. In the general reorganization and realignment of functions of the Bureau, the office of the Chief Cadastral Engineer was abolished, and the functions of that office have been delegated to the Director of the Bureau of Land Management. See 43 C.F.R. Sec. 9180.0-3(a)(1). See also note set out under section 1 of this title. -CROSS- CROSS REFERENCES Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714, 1732. ------DocID 39714 Document 34 of 55------ -CITE- 33 USC Sec. 34 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 34. Mill Slough, Oregon -STATUTE- Mill Slough, a tidal tributary of Coos Bay, lying within the limits of the city of Marshfield, State of Oregon, is declared to be not a navigable waterway of the United States, within the meaning of the laws enacted by Congress for the preservation and protection of such waterways, and the consent of Congress is given to the filling in of said slough by the said city of Marshfield. -SOURCE- (Oct. 23, 1913, ch. 33, 38 Stat. 233.) ------DocID 40744 Document 35 of 55------ -CITE- 33 USC CHAPTER 34 -EXPCITE- TITLE 33 CHAPTER 34 -HEAD- CHAPTER 34 - INLAND NAVIGATIONAL RULES -MISC1- SUBCHAPTER I - RULES PART A - GENERAL Sec. 2001. Application (Rule 1). (a) United States inland waters and Canadian waters of the Great Lakes. (b) International Regulations. (c) Special rules. (d) Vessel traffic service regulations. (e) Alternative compliance. (f) Acceptance of certificates of alternative compliance from contracting parties to International Regulations. 2002. Responsibility (Rule 2). (a) Exoneration. (b) Departure from rules when necessary to avoid immediate danger. 2003. Definitions (Rule 3). PART B - STEERING AND SAILING RULES SUBPART I - CONDUCT OF VESSELS IN ANY CONDITION OF VISIBILITY 2004. Application (Rule 4). 2005. Look-out (Rule 5). 2006. Safe speed (Rule 6). 2007. Risk of collision (Rule 7). (a) Determination if risk exists. (b) Radar. (c) Scanty information. (d) Considerations taken into account in determining if risk exists. 2008. Action to avoid collision (Rule 8). (a) General characteristics of action taken to avoid collision. (b) Readily apparent alterations in course or speed. (c) Alteration of course to avoid close-quarters situation. (d) Action to result in passing at safe distance. (e) Slackening of vessel speed; stopping or reversing means of propulsion. 2009. Narrow channels (Rule 9). (a) Keeping near to outer limit of channel or fairway which lies on vessel's starboard side; exception. (b) Vessels of less than 20 meters in length; sailing vessels. (c) Vessels engaged in fishing. (d) Crossing narrow channels or fairways. (e) Overtaking vessels. (f) Areas of obscured visibility due to intervening obstructions. (g) Avoidance of anchoring in narrow channels. 2010. Vessel traffic services (Rule 10). SUBPART II - CONDUCT OF VESSELS IN SIGHT OF ONE ANOTHER 2011. Application (Rule 11). 2012. Sailing vessels (Rule 12). (a) Keeping out of the way. (b) Windward side. 2013. Overtaking (Rule 13). (a) Overtaking vessel to keep out of the overtaken vessel's way. (b) Overtaking vessel defined. (c) Assumption that vessel is overtaking another in cases of doubt. (d) Overtaking vessel to become crossing vessel only when finally past and clear. 2014. Head-on situation (Rule 14). (a) Course alterations to starboard; port side passage. (b) Existence of head-on situation. (c) Assumption that head-on situation exists in cases of doubt. (d) Vessel operating on Great Lakes, Western Rivers, or other specified waters, and proceeding downbound with following current. 2015. Crossing situation (Rule 15). (a) Vessel which must keep out of the other vessel's way. (b) Vessels crossing river. 2016. Action by give-way vessel (Rule 16). 2017. Action by stand-on vessel (Rule 17). (a) Stand-on vessel to keep course and speed; action allowed when give-way vessel fails to take appropriate action. (b) Action by stand-on vessel allowed when action by give-way vessel alone cannot avoid collision. (c) Crossing situations. (d) Give-way vessel not relieved of obligation to keep out of the way. 2018. Responsibilities between vessels (Rule 18). (a) Power-driven vessels underway. (b) Sailing vessels underway. (c) Vessels engaged in fishing when underway. (d) Seaplanes on the water. SUBPART III - CONDUCT OF VESSELS IN RESTRICTED VISIBILITY 2019. Conduct of vessels in restricted visibility (Rule 19). (a) Vessels to which rule applies. (b) Safe speed; engines ready for immediate maneuver. (c) Due regard to prevailing circumstances and conditions. (d) Detection of vessel by radar alone. (e) Reduction of speed to minimum. PART C - LIGHTS AND SHAPES 2020. Application (Rule 20). (a) Compliance in all weathers. (b) Rules concerning lights complied with from sunset to sunrise; other lights. (c) Lights during daylight hours in restricted visibility; other circumstances. (d) Rules concerning shapes; compliance by day. (e) Annex. 2021. Definitions (Rule 21). 2022. Visibility of lights (Rule 22). (a) Vessels of 50 meters or more in length. (b) Vessels of 12 meters or more but less than 50 meters in length. (c) Vessels of less than 12 meters in length. (d) Inconspicuous, partly submerged vessels or objects being towed. 2023. Power-driven vessels underway (Rule 23). (a) Lights exhibited by power-driven vessels underway. (b) Air-cushion vessels. (c) Alternative lights for power-driven vessels of less than 12 meters in length. (d) Power-driven vessels when operating on Great Lakes. 2024. Towing and pushing (Rule 24). (a) Power-driven vessels when towing astern. (b) Pushing vessel and pushed vessel rigidly connected in composite unit. (c) Power-driven vessel when pushing ahead or towing alongside. (d) Compliance with other requirements. (e) Vessels being towed. (f) Vessels being towed alongside or pushed in a group. (g) Inconspicuous, partly submerged vessel or object being towed. (h) Alternative lighting of vessel or object being towed. (i) Western Rivers or other specified waters; exception. (j) Towing another vessel in distress or otherwise in need of assistance. 2025. Sailing vessels underway and vessels under oars (Rule 25). (a) Sailing vessels underway. (b) Sailing vessels of less than 20 meters in length. (c) Additional lights. (d) Sailing vessels of less than 7 meters in length; vessels under oars. (e) Vessels proceeding under sail. 2026. Fishing vessels (Rule 26). (a) Exhibition of only prescribed lights and shapes. (b) Vessels engaged in trawling. (c) Vessels engaged in fishing other than trawling. (d) Vessels engaged in fishing in close proximity to other vessels engaged in fishing. (e) Vessels when not engaged in fishing. 2027. Vessels not under command or restricted in their ability to maneuver (Rule 27). (a) Vessels not under command. (b) Vessels restricted in their ability to maneuver. (c) Vessels engaged in towing operations. (d) Vessels engaged in dredging or underwater operations. (e) Vessels engaged in diving operations. (f) Vessels engaged in mineclearance operations. (g) Vessels of less than 12 meters in length. (h) Signals of vessels in distress and requiring assistance. 2028. (Reserved) (Rule 28). 2029. Pilot vessels (Rule 29). (a) Vessels engaged on pilotage duty. (b) Vessels when not engaged on pilotage duty. 2030. Anchored vessels and vessels aground (Rule 30). (a) Vessels at anchor. (b) Vessels of less than 50 meters in length; alternative light. (c) Illumination of decks. (d) Vessels aground. (e) Vessels of less than 7 meters in length when at anchor. (f) Vessels of less than 12 meters in length when aground. (g) Vessels of less than 20 meters in length while at anchor in special anchorage. 2031. Seaplanes (Rule 31). PART D - SOUND AND LIGHT SIGNALS 2032. Definitions (Rule 32). 2033. Equipment for sound signals (Rule 33). (a) Vessels of 12 meters or more in length. (b) Vessels of less than 12 meters in length. 2034. Maneuvering and warning signals (Rule 34). (a) Whistle signals. (b) Light signals. (c) Overtaking situations. (d) Doubts or failure to understand signals. (e) Vessels in areas of obscured visibility due to intervening obstructions. (f) Use of one whistle only on a vessel. (g) Power-driven vessels leaving dock or berth. (h) Agreement between vessels using radiotelephone. 2035. Sound signals in restricted visibility (Rule 35). (a) Power-driven vessels making way through the water. (b) Power-driven vessels underway but stopped and making no way through the water. (c) Vessels not under command; vessels restricted in ability to maneuver; sailing vessels; vessels engaged in fishing; vessels engaged in towing or pushing. (d) Vessels towed. (e) Pushing and pushed vessels connected in composite unit. (f) Vessels at anchor. (g) Vessels aground. (h) Vessels of less than 12 meters in length. (i) Pilot vessels. (j) Vessels anchored in special anchorage areas. 2036. Signals to attract attention (Rule 36). 2037. Distress signals (Rule 37). PART E - EXEMPTIONS 2038. Exemptions (Rule 38). SUBCHAPTER II - MISCELLANEOUS PROVISIONS 2071. Implementation and interpretation; regulations; technical annexes to Inland Navigational Rules. 2072. Violations of Inland Navigational Rules. (a) Liability of operator for civil penalty. (b) Liability of vessel for civil penalty; seizure of vessel. (c) Assessment of civil penalty by Secretary; collection. (d) Authority to withhold or revoke clearances. 2073. Navigation Safety Advisory Council. (a) Establishment; membership; Council panels; publication in Federal Register. (b) Functions and purpose of Council. (c) Executive secretary; staff; travel expenses and status of members. (d) Termination of Council. ------DocID 40952 Document 36 of 55------ -CITE- 33 USC TITLE 34 -EXPCITE- TITLE 34 -HEAD- TITLE 34 - NAVY (REPEALED) -MISC1- Title 34 was repealed generally by act Aug. 10, 1956, ch. 1041, 70A Stat. 1, which revised and codified the statutory provisions that related to the Army, Navy, Air Force, and Marine Corps, and enacted those provisions into law as Title 10, Armed Forces. For distribution of provisions of former Title 34 in Title 10, see Table II set out preceding the text of Title 10. ------DocID 41169 Document 37 of 55------ -CITE- 36 USC Sec. 34 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 34. National Council; powers; board of directors; executive committee -STATUTE- There shall be a National Council of Girl Scouts (hereinafter referred to as the 'national council'), which shall have power to make and amend a constitution and bylaws, and to elect a board of directors, and officers and agents. The number, qualifications, and terms of office of members of the national council shall be prescribed by the constitution, except that they shall be citizens of the United States. The constitution may prescribe the number of members of the national council necessary to constitute a quorum, which number may be less than a majority of the whole number. The affairs of the corporation between meetings of the national council shall be managed by a board of directors, except that the bylaws may provide for an executive committee to exercise the powers of the board of directors in the interim between its meetings, and for other committees to operate under the general supervision of the board of directors. The number, qualifications, and terms of office of members of the board of directors shall be prescribed by the constitution. The constitution may prescribe the number of members of the board of directors necessary to constitute a quorum which number shall not be less than twenty, or two-fifths of the whole number. The board of directors, to the extent provided in the constitution and bylaws, shall have the powers of the national council, in the interim between its meetings. The national council, or between meetings thereof, the board of directors, may authorize and cause to be executed leases, mortgages, and liens upon, and sales and conveyances of, any of the property of the corporation; and the proceeds arising therefrom shall be applied or invested for the use and benefit of the corporation. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 4, 64 Stat. 23; Aug. 14, 1953, ch. 486, Sec. 1, 67 Stat. 582.) -MISC1- AMENDMENTS 1953 - Act Aug. 14, 1953, made it clear that only citizens of the United States may be members of the National Council. -CROSS- CROSS REFERENCES Citizenship clause, see Const. Amend. 14, Sec. 1. ------DocID 41770 Document 38 of 55------ -CITE- 36 USC CHAPTER 34 -EXPCITE- TITLE 36 CHAPTER 34 -HEAD- CHAPTER 34 - MILITARY ORDER OF THE PURPLE HEART OF THE UNITED STATES OF AMERICA -MISC1- Sec. 821. Corporation created. 822. Completion of organization. 823. Principles and objects of corporation. 824. Powers of corporation. 825. Principal office; territorial scope of activities; agent for service of process. 826. Membership. (a) Eligibility. (b) Extension of eligibility to parents and descendants. (c) Voting rights. (d) Exception. 827. Board of directors. (a) Composition of initial board. (b) Composition of subsequent boards; tenure. (c) Duties. 828. Officers. 829. Distribution of income or assets to members; loans. 830. Nonpolitical nature of corporation. 831. Liability for acts of officers and agents. 832. Prohibition against issuance of stock or payment of dividends. 833. Books and records; inspection. 834. Repealed. 835. Use of assets on dissolution or liquidation. 836. Acquisition of assets and liabilities of existing corporation. 837. Reservation of right to amend or repeal chapter. ------DocID 43067 Document 39 of 55------ -CITE- 38 USC CHAPTER 34 -EXPCITE- TITLE 38 PART III CHAPTER 34 -HEAD- CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE -MISC1- SUBCHAPTER I - PURPOSE - DEFINITIONS Sec. 1651. Purpose. 1652. Definitions. SUBCHAPTER II - ELIGIBILITY AND ENTITLEMENT 1661. Eligibility; entitlement; duration. 1662. Time limitations for completing a program of education. 1663. Educational and vocational counseling. SUBCHAPTER III - ENROLLMENT 1670. Selection of program. 1671. Applications; approval. (1672. Repealed.) 1673. Disapproval of enrollment in certain courses. 1674. Discontinuance for unsatisfactory conduct or progress. (1675. Repealed.) 1676. Education outside the United States. (1677, 1678. Repealed.) SUBCHAPTER IV - PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES 1681. Educational assistance allowance. 1682. Computation of educational assistance allowances. (1682A. Repealed.) 1683. Approval of courses. 1684. Apprenticeship or other on-job training; correspondence courses. 1685. Work-study allowance. (1686, 1687. Repealed.) SUBCHAPTER V - SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED 1690. Purpose. 1691. Elementary and secondary education and preparatory educational assistance. 1692. Tutorial assistance. 1693. Effect on educational entitlement. (SUBCHAPTER VI - REPEALED) (1695 to 1698. Repealed.) AMENDMENTS 1989 - Pub. L. 101-237, title IV, Sec. 405(d)(4)(B), Dec. 18, 1989, 103 Stat. 2082, substituted 'Work-study allowance' for 'Veteran-student services' in item 1685. 1988 - Pub. L. 100-689, title I, Sec. 107(c)(2)(B), 124(c)(1), Nov. 18, 1988, 102 Stat. 4169, 4175, substituted 'Tutorial assistance' for 'Special supplementary assistance' in item 1692 and struck out items 1682A 'Accelerated payment of educational assistance allowances' and 1686 'Education loans'. 1981 - Pub. L. 97-35, title XX, Sec. 2003(b)(3)(B), Aug. 13, 1981, 95 Stat. 782, struck out item 1677 'Flight training'. 1980 - Pub. L. 96-466, title VI, Sec. 601(a)(2), Oct. 17, 1980, 94 Stat. 2208, struck out 'SUBCHAPTER VI - PREDISCHARGE EDUCATION PROGRAM' heading and items 1695 'Purpose; definition', 1696 'Payment of educational assistance allowance', 1697 'Educational and vocational guidance', and 1698 'Coordination with and participation by Department of Defense'. 1977 - Pub. L. 95-202, title II, Sec. 201(c)(1), Nov. 23, 1977, 91 Stat. 1438, added item 1682A. 1976 - Pub. L. 94-502, title II, Sec. 210(4), Oct. 15, 1976, 90 Stat. 2388, renumbered item 1697A as 1698. 1974 - Pub. L. 93-508, title III, Sec. 302(b), Dec. 3, 1974, 88 Stat. 1591, added item 1686. 1972 - Pub. L. 92-540, title IV, Sec. 404(a), Oct. 24, 1972, 86 Stat. 1090, inserted in Subchapter IV heading 'VETERAN-STUDENT SERVICES', and substituted in item 1683 'Approval of courses' for 'Apprenticeship or other on-job training'; in item 1684 'Apprenticeship or other on-job training; correspondence courses' for 'Measurement of courses', and in item 1685 'Veteran-student services' for 'Overcharges by educational institutions', struck out item 1672 'Change of program', item 1675 'Period of operation for approval', item 1686 'Approval of courses', and item 1687 'Discontinuance of allowances', and added item 1697A. 1970 - Pub. L. 91-219, title II, Sec. 204(b), Mar. 26, 1970, 84 Stat. 81, struck out item 1678 'Special training for the educationally disadvantaged' and added subchapters V and VI. 1967 - Pub. L. 90-77, title III, Sec. 302(c), 304(b), 306(b)(1), Aug. 31, 1967, 81 Stat. 185, 186, 188, added items 1677, 1678, and 1683, and renumbered former items 1683 to 1686 as 1684 to 1687, respectively. 1966 - Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 12, added 'CHAPTER 34 - VETERANS' EDUCATIONAL ASSISTANCE'. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 101, 111, 113, 246, 521, 618, 1412, 1415, 1416, 1433, 1502, 1508, 1602, 1685, 1770, 1771, 1772, 1773, 1774, 1780, 1781, 1782, 1783, 1784, 1785, 1787, 1788, 1789, 1790, 1792, 1793, 1794, 1795, 1796, 1797, 2013, 3013, 3107, 4114 of this title; title 20 sections 1070a-6, 1070e-1, 1078, 1087pp, 1087qq; title 26 sections 135, 6334; title 29 section 1721. ------DocID 43581 Document 40 of 55------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rule 34 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rule 34. Oral Argument -STATUTE- (a) In General. Oral argument will be allowed only when ordered by the Court and will be held where and when the Court orders. The Court may order oral argument on its own initiative or on the motion of a party filed with that party's principal brief. The appellant may also request that oral argument be held in a location other than Washington, D.C. (b) Notice of Argument, Postponement. The Clerk shall advise all parties whether oral argument is to be heard, and, if so, where and when, and the time to be allowed each side. Where possible, the Clerk will schedule oral argument so as to minimize inconvenience to appellants or their representatives. A request for postponement of the argument or for the allowance of additional time must be made by motion filed reasonably in advance of the date fixed for argument. (c) Order and Content of Argument. The appellant may open and conclude the argument. A party will not be permitted to read at length from briefs, records, or authorities. In argument on motions, the movant may open and conclude the argument. (d) Non-appearance of Parties. If any party fails to appear to present argument, the Court will hear argument by any appellant who is present, and may hear argument by any other party who is present. If no party appears, the case will be decided on the briefs and the record on appeal unless the Court orders otherwise. (e) Use of Physical Exhibits at Argument; Removal. A party who intends to use physical exhibits other than documents shall arrange with the Clerk to have them placed in the courtroom on the date of the argument before the Court convenes. After the argument, the party shall remove the exhibits unless the Court otherwise directs. If the exhibits are not reclaimed within a reasonable time after notice is given by the Clerk, they will be disposed of by the Clerk. (f) Motions. Oral argument normally is not granted on motions. (g) Oral Argument. Oral argument will be held as announced by the Chief Judge. The announcement will indicate the composition of the panel, although there is no guarantee that the panel on the argument date will be identical to that announced since a judge may be recused from a case or for a number of reasons may be unavailable. ------DocID 43722 Document 41 of 55------ -CITE- 39 USC CHAPTER 34 -EXPCITE- TITLE 39 PART IV CHAPTER 34 -HEAD- CHAPTER 34 - ARMED FORCES AND FREE POSTAGE -MISC1- Sec. 3401. Mailing privileges of members of Armed Forces of the United States and of friendly foreign nations. (3402. Repealed.) 3403. Matter for blind and other handicapped persons. 3404. Unsealed letters sent by blind or physically handicapped persons. 3405. Markings. 3406. Balloting materials under the Uniformed and Overseas Citizens Absentee Voting Act. AMENDMENTS 1986 - Pub. L. 99-410, title II, Sec. 201(b)(1), Aug. 28, 1986, 100 Stat. 928, added item 3406. 1979 - Pub. L. 96-70, title I, Sec. 1331(e)(3)(B), Sept. 27, 1979, 93 Stat. 482, struck out item 3402 'Mailing privileges of members of Armed Forces of the United States and of friendly foreign nations in the Canal Zone'. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3684 of this title. ------DocID 43833 Document 42 of 55------ -CITE- 40 USC Sec. 34 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 34. Rent of buildings in District of Columbia; contracts not to be made until appropriation -STATUTE- No contract shall be made for the rent of any building, or part of any building, to be used for the purposes of the Government in the District of Columbia, until an appropriation therefor shall have been made in terms by Congress, and this clause shall be regarded as notice to all contractors or lessors of any such building or any part of building. -SOURCE- (Mar. 3, 1877, ch. 106, 19 Stat. 370.) -CROSS- CROSS REFERENCES Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. Section inapplicable to lease-purchase contracts, see section 356 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 356 of this title; title 15 section 2076; title 19 section 2081; title 26 section 7608; title 42 sections 242b, 282, 285a-2, 285b-3, 299c-4, 300cc-41, 1532, 2473. ------DocID 44609 Document 43 of 55------ -CITE- 41 USC Sec. 28 to 34 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 28 to 34. Omitted -COD- CODIFICATION Section 28, act June 16, 1934, ch. 553, Sec. 1, 48 Stat. 974, related to adjustment and settlement of claims by persons who entered into contracts with the United States prior to Aug. 10, 1933 and claim loss due to compliance with codes of fair competition. Section 29, act June 16, 1934, ch. 553, Sec. 2, 48 Stat. 975, related to amount allowed for settlement. Section 30, act June 16, 1934, ch. 553, Sec. 3, 48 Stat. 975, related to limitation on the amount of profits. Section 31, act June 16, 1934, ch. 553, Sec. 4, 48 Stat. 975, related to time for presentment of claims. Section 32, act June 16, 1934, ch. 553, Sec. 5, 48 Stat. 975, authorized appropriations for settlement of claims. Section 33, act June 16, 1934, ch. 553, Sec. 6, 48 Stat. 975, related to procedure for settlement of claims and reservation of right to prosecute for fraud and criminal conduct. Section 34, act Aug. 29, 1935, ch. 815, 49 Stat. 990, provided that bids made subject to codes of fair competition prior to Aug. 29, 1935 should not be rejected where bidder agreed to be subject to Acts of Congress requiring observance of minimum wages, maximum hours, or limitations as to age of employees in performance of contracts, with Federal agencies. ------DocID 45200 Document 44 of 55------ -CITE- 42 USC Sec. 290cc-34 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part C -HEAD- Sec. 290cc-34. Definitions -STATUTE- For purposes of this part: (1) Eligible homeless individual The term 'eligible homeless individual' means an individual described in section 290cc-22(a) of this title. (2) Homeless individual The term 'homeless individual' has the meaning given such term in section 256(r) of this title. (3) State The term 'State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) Substance abuse The term 'substance abuse' means the abuse of alcohol or other drugs. -SOURCE- (July 1, 1944, ch. 373, title V, Sec. 534, as added July 22, 1987, Pub. L. 100-77, title VI, Sec. 611(3), 101 Stat. 522, and amended Nov. 29, 1990, Pub. L. 101-645, title V, Sec. 511, 104 Stat. 4733.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-645 amended section generally, substituting provisions relating to definitions for provisions relating to nondiscrimination. ------DocID 45675 Document 45 of 55------ -CITE- 42 USC Sec. 300aa-34 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIX Part 2 subpart d -HEAD- Sec. 300aa-34. Termination of program -STATUTE- (a) Reviews The Secretary shall review the number of awards of compensation made under the program to petitioners under section 300aa-11 of this title for vaccine-related injuries and deaths associated with the administration of vaccines on or after December 22, 1987, as follows: (1) The Secretary shall review the number of such awards made in the 12-month period beginning on December 22, 1987. (2) At the end of each 3-month period beginning after the expiration of the 12-month period referred to in paragraph (1) the Secretary shall review the number of such awards made in the 3-month period. (b) Report (1) If in conducting a review under subsection (a) of this section the Secretary determines that at the end of the period reviewed the total number of awards made by the end of that period and accepted under section 300aa-21(a) of this title exceeds the number of awards listed next to the period reviewed in the table in paragraph (2) - (A) the Secretary shall notify the Congress of such determination, and (B) beginning 180 days after the receipt by Congress of a notification under paragraph (1), no petition for a vaccine-related injury or death associated with the administration of a vaccine on or after December 22, 1987, may be filed under section 300aa-11 of this title. Section 300aa-11(a) of this title and subpart B of this part shall not apply to civil actions for damages for a vaccine-related injury or death for which a petition may not be filed because of subparagraph (B). (2) The table referred to in paragraph (1) is as follows: Total number of awards by the end of the period Period reviewed: reviewed 12 months after December 22, 1987 150 13th through the 15th month after December 22, 1987 188 16th through the 18th month after December 22, 1987 225 19th through the 21st month after December 22, 1987 263 22nd through the 24th month after December 22, 1987 300 25th through the 27th month after December 22, 1987 338 28th through the 30th month after December 22, 1987 375 31st through the 33rd month after December 22, 1987 413 34th through the 36th month after December 22, 1987 450 37th through the 39th month after December 22, 1987 488 40th through the 42nd month after December 22, 1987 525 43rd through the 45th month after December 22, 1987 563 46th through the 48th month after December 22, 1987 600. -SOURCE- (July 1, 1944, ch. 373, title XXI, Sec. 2134, as added Dec. 22, 1987, Pub. L. 100-203, title IV, Sec. 4303(f), 101 Stat. 1330-222.) -COD- CODIFICATION In subsecs. (a) and (b), 'December 22, 1987' substituted for 'the effective date of this subpart' on authority of section 323 of Pub. L. 99-660, as amended, set out as an Effective Date note under section 300aa-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 4131. ------DocID 45747 Document 46 of 55------ -CITE- 42 USC Sec. 300ee-34 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIII Part B -HEAD- Sec. 300ee-34. Authorization of appropriations -STATUTE- (a) In general For the purpose of carrying out sections 300ee-31 through 300ee-33 of this title, there are authorized to be appropriated $105,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990 and 1991. (b) Allocations (1) Of the amounts appropriated pursuant to subsection (a) of this section, the Secretary shall make available $45,000,000 to carry out section 300ee-32 of this title and $30,000,000 to carry out this part through financial assistance to minority entities for the provision of services to minority populations. (2) After consultation with the Director of the Office of Minority Health and with the Indian Health Service, the Secretary, acting through the Director of the Centers for Disease Control, shall, not later than 90 days after November 4, 1988, publish guidelines to provide procedures for applications for funding pursuant to paragraph (1) and for public comment. -SOURCE- (July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2524, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 221, 102 Stat. 3103, amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2619(i) ((j)), 102 Stat. 4244, and renumbered title XXV, Aug. 16, 1989, Pub. L. 101-93, Sec. 5(e)(1), 103 Stat. 612.) -MISC1- AMENDMENTS 1988 - Subsec. (b)(2). Pub. L. 100-690 substituted 'the date of the enactment of the AIDS Amendments of 1988' for 'the date of the enactment of this section', which for purposes of codification was translated as 'November 4, 1988'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-690 effective immediately after enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100-690, set out as a note under section 242m of this title. ------DocID 47344 Document 47 of 55------ -CITE- 42 USC CHAPTER 34 -EXPCITE- TITLE 42 CHAPTER 34 -HEAD- CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM -MISC1- Sec. 2701 to 2703. Repealed or Omitted. 2704. Discontinued Job Corps centers; utilization for special youth programs. 2705, 2706. Repealed. 2707. Authorization of appropriations. SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS PART A - RESEARCH, DEMONSTRATION, AND PILOT PROJECTS 2711 to 2729. Repealed. PART B - WORK AND TRAINING FOR YOUTH AND ADULTS 2731 to 2749. Repealed or Omitted. PART C - WORK-STUDY PROGRAMS 2751. Purpose; appropriations authorized. (a) Purpose. (b) Authorization of appropriations. 2752. Allocation of funds. (a) Allocation based on previous allocation. (b) Allocation of excess based on pro rata share. (c) Allocation of excess based on share of excess eligible amounts. (d) Determination of institution's need. (e) Reallocation of excess allocations. (f) Filing deadlines. 2753. Grants for work-study programs. (a) Agreements required. (b) Contents of agreements. (c) Private sector employment agreement. 2754. Sources of matching funds. 2755. Flexible use of funds. (a) Carry-over authority. (b) Carry-back authority. 2756. Job location and development programs. (a) Agreements required. (b) Contents of agreements. (c) 'Community services' defined. 2756a. Work-study for community service-learning on behalf of low-income individuals and families. (a) Purpose. (b) Definitions. (c) Use of other funds to conduct program. 2756b, 2757. Omitted or Repealed. PART D - SPECIAL IMPACT PROGRAMS 2761 to 2768. Omitted or Repealed. PART E - SPECIAL WORK AND CAREER DEVELOPMENT PROGRAMS 2769 to 2769f. Repealed. PART F - DURATION OF PROGRAMS 2771. Repealed. SUBCHAPTER II - URBAN AND RURAL COMMUNITY ACTION PROGRAMS 2781. Repealed. PART A - COMMUNITY ACTION AGENCIES AND PROGRAMS 2782 to 2797. Omitted or Repealed. PART B - FINANCIAL ASSISTANCE TO COMMUNITY ACTIONS PROGRAMS AND RELATED ACTIVITIES 2801 to 2815. Repealed. PART C - SUPPLEMENTAL PROGRAMS AND ACTIVITIES 2821 to 2830. Omitted or Repealed. PART D - GENERAL AND TECHNICAL PROVISIONS 2831 to 2837. Omitted or Repealed. SUBCHAPTER III - SPECIAL PROGRAMS TO COMBAT POVERTY IN RURAL AREAS PART A - RURAL LOAN PROGRAM 2841, 2851 to 2856. Repealed. PART B - ASSISTANCE FOR MIGRANT, AND OTHER SEASONALLY EMPLOYED FARMWORKERS AND THEIR FAMILIES 2861 to 2865. Repealed. PART C - DURATION OF PROGRAM 2871. Repealed. PART D - INDEMNITY PAYMENTS TO DAIRY FARMERS 2881. Repealed. SUBCHAPTER IV - ASSISTANCE FOR MIGRANT AND OTHER SEASONALLY EMPLOYED FARMWORKERS AND THEIR FAMILIES 2901 to 2907. Repealed. SUBCHAPTER V - HEADSTART AND FOLLOW THROUGH 2921 to 2925. Repealed or Omitted. PART A - HEADSTART PROGRAMS 2928 to 2928n. Repealed or Omitted. PART B - FOLLOW THROUGH PROGRAMS 2929 to 2929c. Repealed. PART C - GENERAL PROVISIONS 2930 to 2930f. Repealed. PART D - DAY CARE PROJECTS 2931 to 2933. Repealed. SUBCHAPTER VI - ADMINISTRATION AND COORDINATION PART A - ADMINISTRATION 2941 to 2951, 2961 to 2971g. Repealed. PART B - COORDINATION 2972 to 2980. Repealed. SUBCHAPTER VII - COMMUNITY ECONOMIC DEVELOPMENT 2981 to 2981c. Repealed. PART A - URBAN AND RURAL SPECIAL IMPACT PROGRAMS 2982 to 2982d. Repealed or Omitted. PART B - SPECIAL RURAL PROGRAMS 2983 to 2983b. Repealed. PART C - DEVELOPMENT LOANS TO COMMUNITY ECONOMIC DEVELOPMENT PROGRAMS 2984 to 2984b. Repealed or Omitted. PART D - SUPPORTIVE PROGRAMS AND ACTIVITIES 2985 to 2985g. Repealed. SUBCHAPTER VIII - NATIVE AMERICAN PROGRAMS 2991. Short title. 2991a. Congressional statement of purpose. 2991b. Financial assistance for native American projects. (a) Authorization for financial assistance to public and nonprofit agencies; consultation with other Federal agencies to avoid duplication. (b) Limitations of financial assistance; exceptions; non-Federal contributions. (c) Assistance as addition to, and not substitution for, activities previously carried out without Federal assistance; waiver; nonreservation areas. (d) Grants to improve tribal regulation of environmental quality 2991b-1. Loan fund; demonstration project. (a) Grants to Hawaiian agency or organization to establish revolving loan fund; purposes of fund; administrative costs. (b) Loans to borrowers; determinations; term; interest rate; default and collection procedures; prohibition on self-lending; final date for loans. (c) Notice to Secretary of loans in default and uncollectability of such loans; instructions by Secretary. (d) Payment of administrative costs; management and technical assistance. (e) Regulations. (f) Authorization of appropriations; investment in obligations of United States; deposit of unneeded monies as miscellaneous receipts in Treasury. (g) Reports to Congress; contents. 2991c. Technical assistance and training. 2991d. Research, demonstration, and pilot projects. 2991d-1. Panel review of applications for assistance. (a) Establishment of formal panel; members. (b) Duties of panel. (c) Notice to Congressional committee chairman; information required. 2991e. Announcement of research, demonstration, or pilot projects. 2991f. Submission of plans and notification of officials by Secretary. (a) Submission to governing body of Indian reservation or Alaskan Native village. (b) Notification to chief executive officer of State or Territory. (c) Notification to local governing officials of political subdivision. 2991g. Records and audits. 2991h. Appeals, notice, and hearing. 2992. Evaluation of projects. (a) Description and measurement of project impact, effectiveness, and structure and mechanisms for delivery of services. (b) General standards for evaluation. (c) Independent evaluations. (d) Specificity of views. (e) Publication of results; submission to Congress. (f) Evaluation results as United States property. 2992a. Labor standards. 2992b. Administration; delegation of authority. (a) General administration; prohibition of transfer; grant authority. (b) Delegation of authority to agency heads; transfer of funds. (c) Interagency funding agreements. 2992b-1. Additional requirements applicable to rulemaking. (a) In general. (b) Interpretative rule or general statement of policy; waiver of notice and public procedure regarding any other rule. (c) Effective date of rule or general statement of policy. (d) Statutory citation required. (e) Rule or general statement of policy necessary as result of legislation; time for issuance. (f) Copy of rule or general statement of policy to Congressional leaders. 2992c. Definitions. 2992d. Authorization of appropriations. 2993 to 2994d. Repealed. SUBCHAPTER IX - EVALUATION 2995 to 2995d. Repealed or Omitted. SUBCHAPTER X - LEGAL SERVICES CORPORATION 2996. Congressional findings and declaration of purpose. 2996a. Definitions. 2996b. Legal Services Corporation. (a) Establishment; purpose. (b) Principal office; agent for service of process. (c) Status of Corporation under tax laws. 2996c. Board of Directors. (a) Establishment; membership. (b) Term of office. (c) Board members not deemed officers or employees of United States. (d) Chairman. (e) Removal. (f) State advisory councils. (g) Open meetings; applicability of Government in the Sunshine provisions. (h) Quarterly meetings. 2996d. Officers and employees. (a) Appointment of president; outside compensation of officers prohibited; terms. (b) Power of president to appoint and remove employees; nonpartisan appointments. (c) Conflict of interest. (d) Compensation. (e) Officers and employees not deemed officers and employees of Federal Government; Corporation not deemed a department, agency, or instrumentality of Federal Government; review of annual budget. (f) Exceptions. (g) Freedom of information. 2996e. Powers, duties, and limitations. (a) Powers of nonprofit corporation; additional powers. (b) Disciplinary powers; representational questions; interference with professional responsibilities of attorneys; bar membership; restrictions; languages other than English. (c) Participation in litigation; lobbying activities. (d) Miscellaneous prohibitions. (e) Political activities of Corporation employees and staff attorneys. (f) Harassment; malicious abuse of legal process. 2996f. Grants and contracts. (a) Requisites. (b) Limitations on uses. (c) Recipient organizations. (d) Program evaluation. (e) Corporation president authorized to make grants and enter into contracts. (f) Public notification. (g) Staff-attorney program study. (h) Study and report to Congress on special needs of eligible clients. 2996g. Records and reports. (a) Authority to require reports. (b) Authority to require recordkeeping; access to records. (c) Annual report to President and Congress; contents. (d) Copies and retention of reports. (e) Publication in Federal Register of rules, regulations, guidelines and instructions. 2996h. Audits. (a) Annual audit; availability of records; filing and inspection of report. (b) Audit by General Accounting Office. (c) Annual financial audit of recipient persons or bodies. (d) Attorney-client privilege. 2996i. Financing. (a) Authorization of appropriations. (b) Availability of funds. (c) Non-Federal funds. (d) Limitations on grant or contract authority. 2996j. Special limitations. 2996k. Coordination. 2996l. Reservation of right to repeal, alter, or amend. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter referred to in sections 3131, 3141, 6861, 8624, 9902, 9912 of this title; title 2 section 452; title 12 section 1766; title 38 section 2013. ------DocID 51002 Document 48 of 55------ -CITE- 43 USC Sec. 34 -EXPCITE- TITLE 43 CHAPTER 2 -HEAD- Sec. 34. Scientific employees -STATUTE- The scientific employees of the Geological Survey shall be selected by the Director, subject to the approval of the Secretary of the Interior exclusively for their qualifications as professional experts. -SOURCE- (July 7, 1884, ch. 332, 23 Stat. 212.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. ------DocID 52222 Document 49 of 55------ -CITE- 43 USC CHAPTER 34 -EXPCITE- TITLE 43 CHAPTER 34 -HEAD- CHAPTER 34 - TRANS-ALASKA PIPELINE -MISC1- Sec. 1651. Congressional findings and declaration. 1652. Authorizations for construction. (a) Congressional declaration of purpose. (b) Issuance, administration, and enforcement of rights-of-way, permits, leases, and other authorizations. (c) Applicability of statutes governing rights-of-way for pipelines through Federal lands; other statutory terms and conditions; waiver of procedural requirements; supersedure of administrative authorizations for construction. (d) National Environmental Policy Act of 1969 by-passed; issuance of authorizations for construction and operation not to be subject to judicial review; time limits on charges of invalidity or unconstitutionality; jurisdiction; hearings; review. (e) Amendment or modification of rights-of-way, permits, leases, or other authorizations. 1653. Liability for damages. (a) Activities along or in vicinity of pipeline right-of-way; strict liability; limitation on liability; subrogation; emergency subsistence and other aid; exemption for State of Alaska. (b) Control and removal of pollutants at expense of right-of-way holder. (c) Discharges of oil from vessels loaded at terminal facilities of pipeline; strict liability; limitation on liability; apportionment of liability; establishment and operation of Trans-Alaska Pipeline Liability Fund. 1654. Antitrust laws. 1655. Roads and airports. 1656. Civil penalties. (a) Penalty. (b) Persons liable. (c) Amount. (d) Procedures. (e) State law. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 33 sections 2702, 2707, 2735. ------DocID 52702 Document 50 of 55------ -CITE- 45 USC Sec. 34 -EXPCITE- TITLE 45 CHAPTER 1 -HEAD- Sec. 34. Penalty for violations by railroad; duty of United States attorney to sue therefor; director to give information; willful violations -STATUTE- Any person (including a railroad and any manager, supervisor, official, or other employee or agent of a railroad) violating sections 22 to 29 and 31 to 34 of this title, or any rule or regulation made under its provisions or any lawful order of any inspector, shall be liable to a penalty in such amount, not less than $250 nor more than $10,000 per violation (with each day of a violation constituting a separate violation), or where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused death or injury, not to exceed $20,000, as the Secretary of Transportation deems reasonable, except that a penalty may be assessed against an individual only for a willful violation. Such penalty shall be assessed by the Secretary of Transportation and, where compromise is not reached by the Secretary under sections 3711 and 3716 to 3718 of title 31, recovered in a suit or suits to be brought by the United States attorney for the judicial district in which the violation occurred, in which the individual defendant resides, or in which the defendant has its principal executive office; and it shall be the duty of such attorneys, subject to the direction of the Attorney General, to bring such suits upon duly verified information being lodged with them, respectively, of such violations having occurred; and it shall be the duty of the director of locomotive inspection to give information to the proper United States attorney of all violations coming to his knowledge. For purposes of this section, an act by an individual that causes a railroad to be in violation of any of the provisions of sections 22 to 29 and 31 to 34 of this title, or any rule or regulation made under its provisions or any lawful order of any inspector, shall be deemed a violation, and an individual shall be deemed not to have committed a willful violation where such individual has acted pursuant to the direct order of a railroad official or supervisor under protest communicated to the supervisor. Such individual shall have the right to document such protest. -SOURCE- (Feb. 17, 1911, ch. 103, Sec. 9, 36 Stat. 916; Apr. 22, 1940, ch. 124, Sec. 1, 54 Stat. 148; Aug. 14, 1957, Pub. L. 85-135, Sec. 3, 71 Stat. 352; July 8, 1976, Pub. L. 94-348, Sec. 3(c), 90 Stat. 818; Nov. 2, 1978, Pub. L. 95-574, Sec. 7(c), 92 Stat. 2461; Oct. 10, 1980, Pub. L. 96-423, Sec. 8(c), 94 Stat. 1814; June 22, 1988, Pub. L. 100-342, Sec. 14(7), 102 Stat. 633.) -COD- CODIFICATION 'Sections 3711 and 3716 to 3718 of title 31' substituted in text for 'the Federal Claims Collection Act of 1966' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance, and Pub. L. 97-452, Sec. 3(b), Jan. 12, 1983, 96 Stat. 2479. -MISC3- AMENDMENTS 1988 - Pub. L. 100-342 substituted 'Any person (including a railroad and any manager, supervisor, official, or other employee or agent of a railroad) violating sections 22 to 29 and 31 to 34 of this title, or any rule or regulation made under its provisions or any lawful order of any inspector, shall be liable to a penalty in such amount, not less than $250 nor more than $10,000 per violation (with each day of a violation constituting a separate violation), or where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused death or injury, not to exceed $20,000, as the Secretary of Transportation deems reasonable, except that a penalty may be assessed against an individual only for a willful violation. Such penalty shall be assessed by the Secretary of Transportation and, where compromise is not reached by the Secretary under sections 3711 and 3716 to 3718 of title 31, recovered in a suit or suits to be brought by the United States attorney for the judicial district in which the violation occurred, in which the individual defendant resides,' for 'Any common carrier violating the provisions of sections 22 to 29 and 31 to 34 of this title relating to locomotives, their boilers, tenders, and so forth, or any rule or regulation made under such provisions or any lawful order of any inspector shall be liable to a penalty of not less than $250 and not more than $2,500 for each and every such violation, to be assessed by the Secretary of Transportation and recovered in a suit or suits to be brought by the United States attorney in the district court of the United States for the judicial district in which such violation occurred' and inserted at end 'For purposes of this section, an act by an individual that causes a railroad to be in violation of any of the provisions of sections 22 to 29 and 31 to 34 of this title, or any rule or regulation made under its provisions or any lawful order of any inspector, shall be deemed a violation, and an individual shall be deemed not to have committed a willful violation where such individual has acted pursuant to the direct order of a railroad official or supervisor under protest communicated to the supervisor. Such individual shall have the right to document such protest.' 1980 - Pub. L. 96-423 substituted 'for the judicial district in which such violation occurred or in which the defendant has its principal executive office' for 'having jurisdiction in the locality where such violation shall have been committed'. 1978 - Pub. L. 95-574 provided that penalties under this section be assessed by the Secretary of Transportation. 1976 - Pub. L. 94-348 substituted reference to not less than $250 and not more than $2,500 for reference to $250. 1957 - Pub. L. 85-135 substituted '$250' for '$100'. 1940 - Act Apr. 22, 1940, substituted 'director of locomotive inspection' for 'chief inspector' and struck out 'of locomotive boilers'. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-423 effective Oct. 10, 1980, see section 17(a) of Pub. L. 96-423, set out as a note under section 431 of this title. -TRANS- TRANSFER OF FUNCTIONS Powers, duties, and functions of Interstate Commerce Commission and of Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and protection of employees and travelers transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created Department of Transportation. See section 1655(e)(1)(E) of Title 49, Appendix, Transportation. Offices of director of locomotive inspection, assistant directors of locomotive inspection, and district inspectors of locomotives, together with function of director of locomotive inspection with respect to dividing territory comprising several States and District of Columbia into 50 locomotive boiler-inspection districts, abolished and all other functions transferred to Interstate Commerce Commission by Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 30 F.R. 9351, 79 Stat. 1320, set out under section 22 of this title. -MISC5- RAILROAD SAFETY VIOLATIONS; MINIMUM AMOUNTS FOR COMPROMISED PENALTIES Penalties assessed under this section not to be compromised by the Secretary for less than $250, see section 3711 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 22, 23, 28, 29, 30 of this title; title 31 section 3711; title 49 App. section 1655. ------DocID 53996 Document 51 of 55------ -CITE- 46 USC APPENDIX - SHIPPING CHAPTER 34 -EXPCITE- TITLE 46 APPENDIX CHAPTER 34 -HEAD- CHAPTER 34 - SAFE CONTAINERS FOR INTERNATIONAL CARGO -MISC1- Sec. 1501. Definitions. 1502. Duties of owners of containers. (a) Initial approval of containers; periodic examination. (b) Repealed. 1503. Duties of Secretary of Transportation. (a) Enforcement. (b) Regulations. (c) Affixation of approval plate; delegation of authority; fees. (d) Method of delegating authority. (e) Intermodal transport. 1504. Areas of enforcement. (a) Examination of containers; detention orders; restriction or removal of containers from service. (b) Costs of examinations. (c) Presumption of safe condition. (d) Notification of detention or other order; duration of order. (e) Notification to foreign country of defect at time of approval. 1505. Penalties. (a) Civil penalty. (b) Assessment, collection, remission, mitigation, and compromise of penalties. 1506. Employee protection. (a) Discrimination against a reporting employee prohibited. (b) Complaint alleging discrimination. (c) Investigation by Secretary of Labor; judicial relief. (d) Notification to complainant of intended action. 1507. Amendments to Convention. (a) Proposed amendments; advice and consent of Senate; declaration of non-acceptance. (b) Amendment of Convention annexes. (c) Appointment of arbitrator. ------DocID 54087 Document 52 of 55------ -CITE- 47 USC Sec. 34 -EXPCITE- TITLE 47 CHAPTER 2 -HEAD- Sec. 34. Licenses for landing or operating cables connecting United States with foreign country; necessity for -STATUTE- No person shall land or operate in the United States any submarine cable directly or indirectly connecting the United States with any foreign country, or connecting one portion of the United States with any other portion thereof, unless a written license to land or operate such cable has been issued by the President of the United States. The conditions of sections 34 to 39 of this title shall not apply to cables, all of which, including both terminals, lie wholly within the continental United States. -SOURCE- (May 27, 1921, ch. 12, Sec. 1, 42 Stat. 8.) -COD- CODIFICATION Section was not enacted as part of the Submarine Cable Act which comprises this chapter. -TRANS- DELEGATION OF FUNCTIONS For delegation of functions, vested in President by sections 34 to 39 of this title, to Federal Communications Commission, see section 5(a) of Ex. Ord. No. 10530, eff. May 10, 1954, 19 F.R. 2709, set out under section 301 of Title 3, The President. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 36, 37, 38, 39 of this title. ------DocID 55863 Document 53 of 55------ -CITE- 49 USC APPENDIX - TRANSPORTATION CHAPTER 34 -EXPCITE- TITLE 49, APPENDIX CHAPTER 34 -HEAD- CHAPTER 34 - MOTOR CARRIER SAFETY -MISC1- Sec. 2501. Congressional statement of purpose. 2502. Congressional findings. 2503. Definitions. 2504. Duties. 2505. Federal regulations. (a) Authority of Secretary. (b) Elimination or modification of existing motor carrier safety rules. (c) Procedure; considerations. (d) Delays; notification of Congress; transmittal of current data. (e) Prior regulations. (f) Waiver; schoolbuses; publication. (g) Judicial review. (h) Commercial zone exemption. 2506. Submission of State regulations for review. (a) Prior State law or regulation submitted to Secretary and Safety Panel. (b) Recent State law or regulation submitted to Secretary and Safety Panel. (c) Guidelines by Secretary. (d) Submission of additional information to Safety Panel. (e) Failure to submit. 2507. Review and preemption of State regulations. (a) Prohibition on State laws; after 60-month period. (b) Analysis of laws and regulations; Safety Panel; determinations; notification of Secretary. (c) Review; Secretary; rulemaking proceeding; effect of State laws; stringency of laws; determinations of Safety Panel; burden on interstate commerce. (d) Petition; waiver; grant of. (e) Consolidation of rulemaking proceedings. (f) Notification of States by Secretary. (g) Judicial review; finality of review; remedies under other laws. (h) Extension of periods. (i) Secretary; review on own initiative; after 48-month period. 2508. Commercial Motor Vehicle Safety Regulatory Review Panel. (a) Establishment of panel. (b) Functions. (c) Composition. (d) Vacancies; quorum; Chairman; meetings; term of members; compensation. (e) Detail of personnel of Department of Transportation. (f) Office space, supplies, equipment, staff, etc.; Secretary to provide. (g) Hearings; oaths. (h) Temporary and intermittent services. 2509. Inspection. (a) Requirement under Federal regulations. (b) Establishment of Federal standards. (c) Rulemaking; comments on procedures; amendments to regulations; effective date. (d) Effect on State laws and regulations; preemption. (e) Periodic inspections; adequacy of; random inspection. (f) Effect of Federal standards. (g) Federally leased commercial motor vehicles. 2510. Powers of Secretary. (a) Demonstration and training activities. (b) Authority of Secretary; delegation of authority to States. (c) Consultation with employers and employees. 2511. Duty to investigate; complaints; protection of complainants. (a) Authority of Secretary. (b) Disclosure of identity of complainant; protection. 2512. Certification of safety fitness. (a) Establishment of procedures. (b) Report to Congress. (c) Supersedure of Federal rules. (d) Finding of unfitness; Interstate Commerce Commission. 2513. Heavy truck study. 2514. Truck occupant protection. 2515. Study of safety performance of commercial motor vehicles. 2516. Study of safety-related devices. 2517. Safety study; Federal coordination. (a) Health hazards; protecting operators of motor vehicles; report to Congress. (b) Coordination; minimization of paperwork burdens. 2518. Relationship to other laws. 2519. Limitation on authority. (a) Regulations. (b) Manufacture of commercial motor vehicles. 2520. Oversight. 2521. Maintenance and inspection of brake systems. (a) Initiation of rulemaking proceeding. (b) Regulations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 49 sections 507, 521, 526. ------DocID 56331 Document 54 of 55------ -CITE- 50 USC CHAPTER 34 -EXPCITE- TITLE 50 CHAPTER 34 -HEAD- CHAPTER 34 - NATIONAL EMERGENCIES -MISC1- SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES Sec. 1601. Termination of existing declared emergencies. SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL EMERGENCIES 1621. Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation. 1622. National emergencies. (a) Termination methods. (b) Termination review of national emergencies by Congress. (c) Joint resolution; referral to Congressional committees; conference committee in event of disagreement; filing of report; termination procedure deemed part of rules of House and Senate. (d) Automatic termination of national emergency; continuation notice from President to Congress; publication in Federal Register. SUBCHAPTER III - EXERCISE OF EMERGENCY POWERS AND AUTHORITIES 1631. Declaration of national emergency by Executive order; authority; publication in Federal Register; transmittal to Congress. SUBCHAPTER IV - ACCOUNTABILITY AND REPORTING REQUIREMENTS OF PRESIDENT 1641. Accountability and reporting requirements of President. (a) Maintenance of file and index of Presidential orders, rules and regulations during national emergency. (b) Presidential orders, rules and regulations; transmittal to Congress. (c) Expenditures during national emergency; Presidential reports to Congress. SUBCHAPTER V - APPLICATION TO POWERS AND AUTHORITIES OF OTHER PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER 1651. Other laws, powers and authorities conferred thereby, and actions taken thereunder; Congressional studies. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1706 of this title; title 10 section 2808; title 33 section 2293. ------DocID 56400 Document 55 of 55------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 34 -EXPCITE- TITLE 50 APPENDIX TRADING WITH THE ENEMY ACT OF 1917 ACT OCT -HEAD- Sec. 34. Payment of debts -STATUTE- (a) Claims allowable; defenses Any property or interest vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to December 18, 1941), or the net proceeds thereof, shall be equitably applied by the Custodian in accordance with the provisions of this section to the payment of debts owed by the person who owned such property or interest immediately prior to its vesting in or transfer to the Alien Property Custodian. No debt claim shall be allowed under this section if it was not due and owing at the time of such vesting or transfer, or if it arose from any action or transactions prohibited by or pursuant to this Act (sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix) and not licensed or otherwise authorized pursuant thereto, or (except in the case of debt claims acquired by the Custodian) if it was at the time of such vesting or transfer due and owing to any person who has since the beginning of the war been convicted of violation of this Act, as amended (said sections), sections 1 to 6 of the Criminal Code, title I of the Act of June 15, 1917 (ch. 30, 40 Stat. 217), as amended; the Act of April 20, 1918 (ch. 59, 40 Stat. 534), as amended; the Act of June 8, 1934 (FOOTNOTE 1) (ch. 327, 52 Stat. 631), as amended; the Act of January 12, 1938 (ch. 2, 52 Stat. 3); title I, Alien Registration Act, 1940 (ch. 439, 54 Stat. 670); the Act of October 17, 1940 (ch. 897, 54 Stat. 1201); or the Act of June 25, 1942 (ch. 447, 56 Stat. 390). Any defense to the payment of such claims which would have been available to the debtor shall be available to the Custodian, except that the period from and after the beginning of the war shall not be included for the purpose of determining the application of any statute of limitations. Debt claims allowable hereunder shall include only those of citizens of the United States or of the Philippine Islands; those of corporations organized under the laws of the United States or any State, Territory, or possession thereof, or the District of Columbia or the Philippine Islands; those of other natural persons who are and have been since the beginning of the war residents of the United States and who have not during the war been interned or paroled pursuant to the Alien Enemy Act; and those acquired by the Custodian. Legal representatives (whether or not appointed by a court in the United States) or successors in interest by inheritance, devise, bequest, or operation of law or debt claimants, other than persons who would themselves be disqualified hereunder from allowance of a debt claim, shall be eligible for payment to the same extent as their principals or predecessors would have been. (FOOTNOTE 1) So in original. Probably should be '1938'. (b) Time limit for filing claims; extension; notice The Custodian shall fix a date or dates after which the filing of debt claims in respect of any or all debtors shall be barred, and may extend the time so fixed, and shall give at least sixty days' notice thereof by publication in the Federal Register. In no event shall the time extend beyond the expiration of two years from the date of the last vesting in or transfer to the Custodian of any property or interest of a debtor in respect of whose debts the date is fixed, or from the date of enactment of this section (Aug. 8, 1946), whichever is later. No debt shall be paid prior to the expiration of one hundred and twenty days after publication of the first such notice in respect of the debtor, nor in any event shall any payment of a debt claim be made out of any property or interest or proceeds in respect of which a suit or proceeding pursuant to this Act (sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix) for return is pending and was instituted prior to the expiration of such one hundred and twenty days. (c) Examination of claims The Custodian shall examine the claims, and such evidence in respect thereof as may be presented to him or as he may introduce into the record, and shall make a determination, with respect to each claim, of allowance or disallowance, in whole or in part. (d) Funds for debt payments Payment of debt claims shall be made only out of such money included in, or received as net proceeds from the sale, use, or other disposition of, any property or interest owned by the debtor immediately prior to its vesting in or transfer to the Alien Property Custodian, as shall remain after deduction of (1) the amount of the expenses of the Office of Alien Property Custodian (including both expenses in connection with such property or interest or proceeds thereof, and such portion as the Custodian shall fix of the other expenses of the Office of Alien Property Custodian), and of taxes, as defined in section 36 hereof (section 36 of this Appendix), paid by the Custodian in respect of such property or interest or proceeds, and (2) such amount, if any, as the Custodian may establish as a cash reserve for the future payment of such expenses and taxes. If the money available hereunder for the payment of debt claims against the debtor is insufficient for the satisfaction of all claims allowed by the Custodian, ratable payments shall be made in accordance with subsection (g) hereof to the extent permitted by the money available and additional payments shall be made whenever the Custodian shall determine that substantial further money has become available, through liquidation of any such property or interest or otherwise. The Custodian shall not be required through any judgment of any court, levy of execution, or otherwise to sell or liquidate any property or interest vested in or transferred to him, for the purpose of paying or satisfying any debt claim. (e) Amount payable; disallowance; notice; review; additional evidence; judgment If the aggregate of debt claims filed as prescribed does not exceed the money from which, in accordance with subsection (d) of this section, payment may be made, the Custodian shall pay each claim to the extent allowed, and shall serve by registered mail, on each claimant whose claim is disallowed in whole or in part, a notice of such disallowance. Within sixty days after the date of mailing of the Custodian's determination, any debt claimant whose claim has been disallowed in whole or in part may file in the United States District Court for the District of Columbia a complaint for review of such disallowance naming the Custodian as defendant. Such complaint shall be served on the Custodian. The Custodian, within forty-five days after service on him, shall certify and file in said court a transcript of the record of proceedings in the Office of Alien Property Custodian with respect to the claim in question. Upon good cause shown such time may be extended by the court. Such record shall include the claim as filed, such evidence with respect thereto as may have been presented to the Custodian or introduced into the record by him, and the determination of the Custodian with respect thereto, including any findings made by him. The court may, in its discretion, take additional evidence, upon a showing that such evidence was offered to and excluded by the Custodian, or could not reasonably have been adduced before him or was not available to him. The court shall enter judgment affirming, modifying, or reversing the Custodian's determination, and directing payment in the amount, if any, which it finds due. (f) Pro rata payments; notice; review; additional evidence; intervention; judgment If the aggregate of debt claims filed as prescribed exceeds the money from which, in accordance with subsection (d) hereof, payment may be made, the Custodian shall prepare and serve by registered mail on all claimants a schedule of all debt claims allowed and the proposed payment to each claimant. In preparing such schedule, the Custodian shall assign priorities in accordance with the provisions of subsection (g) hereof. Within sixty days after the date of mailing of such schedule, any claimant considering himself aggrieved may file in the United States District Court for the District of Columbia a complaint for review of such schedule, naming the Custodian as defendant. A copy of such complaint shall be served upon the Custodian and on each claimant named in the schedule. The Custodian, within forty-five days after service on him, shall certify and file in said court a transcript of the record of proceedings in the Office of Alien Property Custodian with respect to such schedule. Upon good cause shown such time may be extended by the court. Such record shall include the claims in question as filed, such evidence with respect thereto as may have been presented to the Custodian or introduced into the record by him, any findings or other determinations made by the Custodian with respect thereto, and the schedule prepared by the Custodian. The court may, in its discretion, take additional evidence, upon a showing that such evidence was offered to and excluded by the Custodian or could not reasonably have been adduced before him or was not available to him. Any interested debt claimant who has filed a claim with the Custodian pursuant to this section, upon timely application to the court, shall be permitted to intervene in such review proceedings. The court shall enter judgment affirming or modifying the schedule as prepared by the Custodian and directing payment, if any be found due, pursuant to the schedule as affirmed or modified and to the extent of the money from which, in accordance with subsection (d) hereof, payment may be made. Pending the decision of the court on such complaint for review, and pending final determination of any appeal from such decision, payment may be made only to an extent, if any, consistent with the contentions of all claimants for review. (g) Priority of claims Debt claims shall be paid in the following order of priority: (1) Wage and salary claims, not to exceed $600; (2) claims entitled to priority under sections 191 and 193 of title 31 (FOOTNOTE 2) of the United States Code (31 U.S.C. 3713(a) and 9309), except as provided in subsection (h) hereof, (3) all other claims for services rendered, for expenses incurred in connection with such services, for rent, for goods and materials delivered to the debtor, and for payments made to the debtor for goods or services not received by the claimant; (4) all other debt claims. No payment shall be made to claimants within a subordinate class unless the money from which, in accordance with subsection (d) hereof, payment may be made permits payment in full of all allowed claims in every prior class. (FOOTNOTE 2) See References in Text note below. (h) Priority as debt due United States No debt of any kind shall be entitled to priority under any law of the United States or any State, Territory, or possession thereof, or the District of Columbia, solely by reason of becoming a debt due or owing to the United States as a result of its acquisition by the Alien Property Custodian. (i) Exclusiveness of relief The sole relief and remedy available to any person seeking satisfaction of a debt claim out of any property or interest which shall have been vested in or transferred to the Alien Property Custodian (other than any property or interest acquired by the United States prior to December 18, 1941), or the proceeds thereof, shall be the relief and remedy provided in this section, and suits for the satisfaction of debt claims shall not be instituted, prosecuted, or further maintained except in conformity with this section: Provided, That no person asserting any interest, right, or title in any property or interest or proceeds acquired by the Alien Property Custodian, shall be barred from proceeding pursuant to this Act (sections 1 to 6, and 7 to 39, and 41 to 44 of this Appendix) for the return thereof, by reason of any proceeding which he may have brought pursuant to this section; nor shall any security interest asserted by the creditor in any such property or interest or proceeds be deemed to have been waived solely by reason of such proceeding. The Alien Property Custodian shall treat all debt claims now filed with him as claims filed pursuant to this section. Nothing contained in this section shall bar any person from the prosecution of any suit at law or in equity against the original debtor or against any other person who may be liable for the payment of any debt for which a claim might have been filed hereunder. No purchaser, lessee, licensee, or other transferee of any property or interest from the Alien Property Custodian shall, solely by reason of such purchase, lease, license, or transfer, become liable for the payment of any debt owed by the person who owned such property or interest prior to its vesting in or transfer to the Alien Property Custodian. Payment by the Alien Property Custodian to any debt claimant shall constitute, to the extent of payment, a discharge of the indebtedness represented by the claim. -SOURCE- (Oct. 6, 1917, ch. 106, Sec. 34, as added Dec. 18, 1941, ch. 593, title III, Sec. 305, as added Aug. 8, 1946, ch. 878, Sec. 1, 60 Stat. 925, and amended June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.) -REFTEXT- REFERENCES IN TEXT Sections 1 to 6 of the Criminal Code, referred to in subsec. (a), are sections 1 to 6 of act Mar. 4, 1909, ch. 321, 35 Stat. 1088, which enacted sections 1 to 6 of former Title 18, Criminal Code and Criminal Procedure. Sections 1 to 6 of former Title 18 were repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and reenacted as sections 953 and 2381 to 2384 of Title 18, Crimes and Criminal Procedure. Title I of act of June 15, 1917 (ch. 30, 40 Stat. 217), as amended, referred to in subsec. (a), is act June 15, 1917, ch. 30, title I, 40 Stat. 217, as amended, which enacted sections 31 to 38 of Title 50, War and National Defense, and which was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and reenacted as sections 792 to 794 and 2388 of Title 18, Crimes and Criminal Procedure. Act of April 20, 1918 (ch. 59, 40 Stat. 534), as amended, referred to in subsec. (a), is act Apr. 20, 1918, ch. 59, 40 Stat. 534, as amended, which enacted sections 101 to 106 of Title 50, and which was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and reenacted as sections 2151 and 2153 to 2156 of Title 18. Act of June 8, 1934 (ch. 327, 52 Stat. 631), as amended, referred to in subsec. (a), probably means act June 8, 1938, ch. 327, 52 Stat. 631, as amended, known as the Foreign Agents Registration Act of 1938, which is classified generally to subchapter II (Sec. 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables. Act January 12, 1938 (ch. 2, 52 Stat. 3), referred to in subsec. (a), is act Jan. 12, 1938, ch. 2, 52 Stat. 3, which enacted sections 45 to 45d of Title 50, War and National Defense, and which was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and reenacted as sections 791 and 795 to 797 of Title 18, Crimes and Criminal Procedure. Title I, Alien Registration Act, 1940 (ch. 439, 54 Stat. 670), referred to in subsec. (a), is act June 28, 1940, ch. 439, title I, 54 Stat. 670, which enacted sections 9 to 13 of former Title 18, Criminal Code and Criminal Procedure, and which was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and reenacted as sections 2385 and 2387 of Title 18, Crimes and Criminal Procedure. Act October 17, 1940 (ch. 897, 54 Stat. 1201), referred to in subsec. (a), is act Oct. 17, 1940, ch. 897, 54 Stat. 1201, which enacted sections 14 to 17 of former Title 18, Criminal Code and Criminal Procedure, and which was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and reenacted as section 2386 of Title 18, Crimes and Criminal Procedure. Act of June 25, 1942 (ch. 447, 56 Stat. 390), referred to in subsec. (a), is act June 25, 1942, ch. 447, 56 Stat. 390, as amended, which was classified to sections 781 to 785 of this Appendix and was omitted from the Code as terminated. The Alien Enemy Act, referred to in subsec. (a), probably means sections 4067 to 4070 of the Revised Statutes, which are classified to sections 21 to 24 of Title 50, War and National Defense. Sections 191 and 193 of title 31 of the United States Code, referred to in subsec. (g), were repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof as sections 3713(a) and 9309 of Title 31, Money and Finance. -COD- CODIFICATION Section was formerly classified to section 620 of this Appendix. -CHANGE- CHANGE OF NAME In subsecs. (e) and (f), 'United States District Court for the District of Columbia' substituted for 'the district court of the United States for the District of Columbia' on authority of act June 25, 1948, as amended by act May 24, 1949. -TRANS- TRANSFER OF FUNCTIONS Functions of Alien Property Custodian and Office of Alien Property Custodian, except those relating to property or interest in Philippines, vested in Attorney General. See notes set out under section 6 of this Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 35 of this Appendix. ------End Document Listing------ Thank You For Using I-SEARCH.