I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/22/93 at 11:47:29. Database: USCODE Search: (29:CITE) ------DocID 37563 Document 1 of 944------ -CITE- 29 USC TITLE 29 -EXPCITE- TITLE 29 -HEAD- TITLE 29 - LABOR -MISC1- Chap. Sec. 1. Labor Statistics 1 2. Women's Bureau 11 2A. Children's Bureau (Transferred) 18 3. National Trade Unions (Repealed) 21 4. Vocational Rehabilitation of Persons Injured in Industry (Repealed or Omitted) 31 4A. Employment Stabilization (Omitted or Repealed) 48 4B. Federal Employment Service 49 4C. Apprentice Labor 50 5. Labor Disputes; Mediation and Injunctive Relief 51 6. Jurisdiction of Courts in Matters Affecting Employer and Employee 101 7. Labor-Management Relations 141 8. Fair Labor Standards 201 9. Portal-to-Portal Pay 251 10. Disclosure of Welfare and Pension Plans (Repealed) 301 11. Labor-Management Reporting and Disclosure Procedure 401 12. Department of Labor 551 13. Exemplary Rehabilitation Certificates (Repealed) 601 14. Age Discrimination in Employment 621 15. Occupational Safety and Health 651 16. Vocational Rehabilitation and Other Rehabilitation Services 701 17. Comprehensive Employment and Training Programs (Repealed) 801 18. Employee Retirement Income Security Program 1001 19. Job Training Partnership 1501 20. Migrant and Seasonal Agricultural Worker Protection 1801 21. Helen Keller National Center for Deaf-Blind Youths and Adults 1901 22. Employee Polygraph Protection 2001 23. Worker Adjustment and Retraining Notification 2101 24. Technology Related Assistance for Individuals With Disabilities 2201 25. Displaced Homemakers Self-Sufficiency Assistance 2301 -CROSS- CROSS REFERENCES Hours of service on public works, see section 327 et seq. of Title 40, Public Buildings, Property, and Works. Hours of service on railroads, see section 61 et seq. of Title 45, Railroads. Injuries to employees of railroads, see section 51 et seq. of Title 45. ------DocID 8013 Document 2 of 944------ -CITE- 5 USC CHAPTER 29 -EXPCITE- TITLE 5 PART III Subpart A CHAPTER 29 -HEAD- CHAPTER 29 - COMMISSIONS, OATHS, RECORDS, AND REPORTS -MISC1- SUBCHAPTER I - COMMISSIONS, OATHS, AND RECORDS Sec. 2901. Commission of an officer. 2902. Commission; where recorded. 2903. Oath; authority to administer. 2904. Oath; administered without fees. 2905. Oath; renewal. 2906. Oath; custody. SUBCHAPTER II - REPORTS 2951. Reports to the Office of Personnel Management. 2952. Time of making annual reports. 2953. Reports to Congress on additional employee requirements. 2954. Information to committees of Congress on request. AMENDMENTS 1978 - Pub. L. 95-454, title IX, Sec. 906(a)(16), Oct. 13, 1978, 92 Stat. 1226, substituted 'Office of Personnel Management' for 'Civil Service Commission' in item 2951. ------DocID 9767 Document 3 of 944------ -CITE- 7 USC CHAPTER 29 -EXPCITE- TITLE 7 CHAPTER 29 -HEAD- CHAPTER 29 - POTATO ACT OF 1935 ------DocID 14616 Document 4 of 944------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 29 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PETITIONS FOR NEW TRIAL -HEAD- Rule 29. Filing, Notice, and Briefs -STATUTE- (a) Filing. A petition for new trial will be filed with the Judge Advocate General of the service concerned, who, if the case is pending before this court, will transmit it, together with four copies, to the Clerk's office for filing with the Court. (b) Notice. Upon receipt of a petition for new trial transmitted by the Judge Advocate General, the Clerk will notify all counsel of record of such fact. (c) Briefs. A brief in support of a petition for new trial, unless expressly incorporated in the petition, will be filed substantially in the form specified in Rule 24 no later than 30 days after the issuance by the Clerk of a notice of the filing of the petition. An appellee's answer shall be filed no later than 30 days after the filing of an appellant's brief. A reply may be filed no later than 10 days after the filing of the appellee's answer. (d) Special master. The Court may refer a petition for new trial to a special master, who may be a military judge or other person, to make further investigation, to take evidence, and to make such recommendations to the Court as are deemed appropriate. See United States v. DuBay, 17 U.S.C.M.A. 147 (1967). ------DocID 15161 Document 5 of 944------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 29 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 29. - Order Approving Disclosure Statement and Fixing Time for Filing Acceptances or Rejections of Plan, Combined With Notice Thereof -STATUTE- (CAPTION AS IN FORM NO. 1) ORDER APPROVING DISCLOSURE STATEMENT AND FIXING TIME FOR FILING ACCEPTANCES OR REJECTIONS OF PLAN, COMBINED WITH NOTICE THEREOF A disclosure statement under chapter 11 of the Bankruptcy Code having been filed by XXXXXX, on XXXXXX (if appropriate, and by XXXXXX, on XXXXXX), referring to a plan under chapter 11 of the Code filed by XXXXXX, on XXXXXX (if appropriate, and by XXXXXX, on XXXXXX respectively) (if appropriate, as modified by a modification filed on XXXXXX); and It having been determined after hearing on notice that the disclosure statement (or statements) contain(s) adequate information; It is ordered, and notice is hereby given, that: A. The disclosure statement filed by XXXXXX dated XXXXXX (if appropriate, and by XXXXXX, dated XXXXXX) is (are) approved. B. XXXXXX is fixed as the last day for filing written acceptances or rejections of the plan (or plans) referred to above. C. Within XXX days after the entry of this order, the plan (or plans) (or a summary or summaries thereof approved by the court), (if appropriate a summary approved by the court of its opinion, if any, dated XXXXXX, approving the disclosure statement (or statements)), the disclosure statement (or statements) and a ballot conforming to Official Form No. 29 shall be transmitted by mail to creditors, equity security holders and other parties in interest as provided in Rule 3017(d). D. If acceptances are filed for more than one plan, preferences among the plans so accepted may be indicated. (If appropriate) E. XXXXXX is fixed for the hearing on confirmation of the plan (or plans). (If appropriate) F. XXXXXX is fixed as the last day for filing and serving pursuant to Rule 3020(b)(1) written objections to confirmation of the plan. Dated: XXXXXX BY THE COURT XXXXXXXXXXXXXX Bankruptcy Judge. (If the court directs that a copy of the opinion should be transmitted in lieu of or in addition to the summary thereof, the appropriate change should be made in paragraph C of this order.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is new. As provided in Sec. 1125 of the Code, a disclosure statement must be approved by the court prior to the solicitation of votes to a plan. This form may be used for such approval, to give notice of the time fixed for filing acceptances or rejections and the time fixed for the hearing on confirmation if such a time has been fixed. ------DocID 15198 Document 6 of 944------ -CITE- 12 USC Sec. 29 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 29. Power to hold real property -STATUTE- A national banking association may purchase, hold, and convey real estate for the following purposes, and for no others: First. Such as shall be necessary for its accommodation in the transaction of its business. Second. Such as shall be mortgaged to it in good faith by way of security for debts previously contracted. Third. Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by the association, or shall purchase to secure debts due to it. But no such association shall hold the possession of any real estate under mortgage, or the title and possession of any real estate purchased to secure any debts due to it, for a longer period than five years except as otherwise provided in this section. For real estate in the possession of a national banking association upon application by the association, the Comptroller of the Currency may approve the possession of any such real estate by such association for a period longer than five years, but not to exceed an additional five years, if (1) the association has made a good faith attempt to dispose of the real estate within the five-year period, or (2) disposal within the five-year period would be detrimental to the association. Upon notification by the association to the Comptroller of the Currency that such conditions exist that require the expenditure of funds for the development and improvement of such real estate, and subject to such conditions and limitations as the Comptroller of the Currency shall prescribe, the association may expend such funds as are needed to enable such association to recover its total investment. Notwithstanding the five-year holding limitation of this section or any other provision of title 62 of the Revised Statutes, any national banking association which on October 15, 1982, held, directly or indirectly, real estate, including any subsurface rights or interests therein, that since December 31, 1979, had not been valued on the books of such association for more than a nominal amount, may continue to hold such real estate, rights, or interests for such longer period of time as would be permitted a State chartered bank by the law of the State in which the association is located if the aggregate amount of earnings from such real estate, rights, or interests is separately disclosed in the annual financial statements of the association. -SOURCE- (R.S. Sec. 5137; Feb. 25, 1927, ch. 191, Sec. 3, 44 Stat. 1227; Mar. 31, 1980, Pub. L. 96-221, title VII, Sec. 701(a), 94 Stat. 186; July 27, 1981, Pub. L. 97-25, title III, Sec. 302, 95 Stat. 145; Oct. 15, 1982, Pub. L. 97-320, title IV, Sec. 413, 96 Stat. 1521.) -REFTEXT- REFERENCES IN TEXT Title 62 of the Revised Statutes, referred to in last par., was in the original 'this title' meaning title 62 of the Revised Statutes, consisting of R.S. Sec. 5133 to 5243, which are classified to sections 21, 22 to 24, 25a, 26 to 29, 35 to 37, 39, 51, 52, 53, 56, 57, 59 to 62, 66, 71, 72 to 76, 81 to 91, 93, 93a, 94, 101a, 102, 104, 107 to 110, 123, 124, 131 to 138, 141 to 144, 151, 152, 161, 164, 168 to 175, 181 to 186, 192 to 196, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. Sec. 5133 to 5243 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 5137 derived from act June 3, 1864, ch. 106, Sec. 28, 13 Stat. 107, which was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1982 - Pub. L. 97-320 substituted 'Notwithstanding the five-year holding limitation of this section or any other provision of title 62 of the Revised Statutes, any national banking association which on October 15, 1982, held, directly or indirectly, real estate, including any subsurface rights or interests therein, that since December 31, 1979, had not been valued on the books of such association for more than a nominal amount, may continue to hold such real estate, rights, or interests for such longer period of time as would be permitted a State chartered bank by the law of the State in which the association is located if the aggregate amount of earnings from such real estate, rights, or interests is separately disclosed in the annual financial statements of the association' for 'Notwithstanding any other provision of this section, any national banking association which, on July 27, 1981, held title to and possession of real estate which was carried on the association's books at a nominal value on December 31, 1979, may continue to hold such real estate until December 31, 1982, if the earnings from such real estate are separately disclosed in the financial statements of the association'. 1981 - Pub. L. 97-25 inserted provision that any national banking association which, on July 27, 1981, held title to and possession of real estate which was carried on the association's books at a nominal value on December 31, 1979, may continue to hold such real estate until December 31, 1982, if the earnings from such real estate are separately disclosed in the financial statements of the association. 1980 - Pub. L. 96-221 inserted provisions relating to authorization to hold real estate in the possession of a national banking association upon application by the association. 1927 - Par. First. Act Feb. 25, 1927, struck out 'immediate,' before 'accommodation,' in par. First. -CROSS- CROSS REFERENCES Corporate powers of associations, see section 24 of this title. Real estate, forest tract, construction and commercial loans by national banking associations, see section 371 of this title. ------DocID 16708 Document 7 of 944------ -CITE- 12 USC CHAPTER 29 -EXPCITE- TITLE 12 CHAPTER 29 -HEAD- CHAPTER 29 - HOME MORTGAGE DISCLOSURE -MISC1- Sec. 2801. Congressional findings and declaration of purpose. (a) Findings of Congress. (b) Purpose of chapter. (c) Construction of chapter. 2802. Definitions. 2803. Maintenance of records and public disclosure. (a) Duty of depository institutions; nature and content of information. (b) Itemization of loan data. (c) Period of maintenance. (d) Duration of disclosure requirements. (e) Format for disclosures. (f) Data disclosure system; operation, etc. (g) Exceptions. (h) Submission to agencies. (i) Exemption from certain disclosure requirements. 2804. Enforcement. (a) Regulations. (b) Powers of certain other agencies. (c) Violations of this chapter deemed violations of certain other provisions. 2805. Relation to State laws. 2806. Research and improved methods; authorization of appropriations; recommendations to Congressional committees. 2807. Report. 2808. Effective date. 2809. Compilation of aggregate data. (a) Commencement; scope of data and tables. (b) Staff and data processing resources. (c) Availability to public. 2810. Disclosure by Secretary; commencement, scope, etc. 2811. Repealed. ------DocID 17472 Document 8 of 944------ -CITE- 15 USC Sec. 29 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 29. Appeals -STATUTE- (a) Court of appeals; review by Supreme Court Except as otherwise expressly provided by this section, in every civil action brought in any district court of the United States under the Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890, or any other Acts having like purpose that have been or hereafter may be enacted, in which the United States is the complainant and equitable relief is sought, any appeal from a final judgement entered in any such action shall be taken to the court of appeals pursuant to sections 1291 and 2107 of title 28. Any appeal from an interlocutory order entered in any such action shall be taken to the court of appeals pursuant to sections 1292(a)(1) and 2107 of title 28 but not otherwise. Any judgment entered by the court of appeals in any such action shall be subject to review by the Supreme Court upon a writ of certiorari as provided in section 1254(1) of title 28. (b) Direct appeals to Supreme Court An appeal from a final judgment pursuant to subsection (a) of this section shall lie directly to the Supreme Court, if, upon application of a party filed within fifteen days of the filing of a notice of appeal, the district judge who adjudicated the case enters an order stating that immediate consideration of the appeal by the Supreme Court is of general public importance in the administration of justice. Such order shall be filed within thirty days after the filing of a notice of appeal. When such an order is filed, the appeal and any cross appeal shall be docketed in the time and manner prescribed by the rules of the Supreme Court. The Supreme Court shall thereupon either (1) dispose of the appeal and any cross appeal in the same manner as any other direct appeal authorized by law, or (2) in its discretion, deny the direct appeal and remand the case to the court of appeals, which shall then have jurisdiction to hear and determine the same as if the appeal and any cross appeal therein had been docketed in the court of appeals in the first instance pursuant to subsection (a) of this section. -SOURCE- (Feb. 11, 1903, ch. 544, Sec. 2, 32 Stat. 823; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 9, 1944, ch. 239, 58 Stat. 272; June 25, 1948, ch. 646, Sec. 17, 62 Stat. 989; Dec. 21, 1974, Pub. L. 93-528, Sec. 5, 88 Stat. 1709.) -REFTEXT- REFERENCES IN TEXT The Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890, referred to in subsec. (a), is known as the Sherman Act, and is classified to sections 1 to 7 of this title. -COD- CODIFICATION Section was previously set out in both this section and in section 45 of former Title 49, Transportation. -MISC3- AMENDMENTS 1974 - Pub. L. 93-528 substituted provisions for appeals to the court of appeals from civil actions in district courts where equitable relief is sought, review by the Supreme Court of judgments of courts of appeals, and for direct appeals to the Supreme Court of cases involving general public importance, for provisions that appeals from final judgments of district courts lie to the Supreme Court only. 1948 - Act June 25, 1948, amended section generally to strike out provisions relating to time for appeal, procedure, etc. See sections 2101 and 2109 of Title 28, Judiciary and Judicial Procedure. 1944 - Act June 9, 1944, provided for certification of case to circuit court of appeals when there was no quorum of Justices of the Supreme Court qualified to participate in the consideration of the case and for designation of circuit judges in the event of disqualification from hearing the case. -CHANGE- CHANGE OF NAME Act Mar. 3, 1911, which transferred the powers and duties of the circuit courts to the district courts, substituted 'district court' for 'circuit court'. -MISC4- EFFECTIVE DATE OF 1974 AMENDMENT Section 7 of Pub. L. 93-528 provided that: 'The amendment made by section 5 of this Act (amending this section) shall not apply to an action in which a notice of appeal to the Supreme Court has been filed on or before the fifteenth day following the date of enactment of this Act (Dec. 21, 1974). Appeal in any such action shall be taken pursuant to the provisions of section 2 of the Act of February 11, 1903 (32 Stat. 823), as amended (15 U.S.C. 29; (former) 49 U.S.C. 45) which were in effect on the day preceding the date of enactment of this Act.' EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. EFFECTIVE DATE OF 1944 AMENDMENT The last paragraph of act June 9, 1944, provided: 'This Act (this section) shall apply to every case pending before the Supreme Court of the United States on the date of its enactment (June 9, 1944).' SHORT TITLE Act Feb. 11, 1903, which enacted sections 28 and 29 of this title, is commonly known as the 'Expediting Act'. -CROSS- CROSS REFERENCES Direct appeals from decisions of three-judge courts, see section 1253 of Title 28, Judiciary and Judicial Procedure. Time for appeal to Supreme Court, see section 2101 of Title 28. ------DocID 17771 Document 9 of 944------ -CITE- 15 USC Sec. 80a-29 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-29. Reports and financial statements of investment companies and affiliated persons -STATUTE- (a) Annual report by company Every registered investment company shall file annually with the Commission such information, documents, and reports as investment companies having securities registered on a national securities exchange are required to file annually pursuant to section 78m(a) of this title and the rules and regulations issued thereunder. (b) Semi-annual or quarterly filing of information; copies of periodic or interim reports sent to security holders Every registered investment company shall file with the Commission - (1) such information and documents (other than financial statements) as the Commission may require, on a semi-annual or quarterly basis, to keep reasonably current the information and documents contained in the registration statement of such company filed under this subchapter; and (2) copies of every periodic or interim report or similar communication containing financial statements and transmitted to any class of such company's security holders, such copies to be filed not later than ten days after such transmission. Any information or documents contained in a report or other communication to security holders filed pursuant to paragraph (2) of this subsection may be incorporated by reference in any report subsequently or concurrently filed pursuant to paragraph (1) of this subsection. (c) Reports under this section in lieu of reports under other provisions of law The Commission shall issue rules and regulations permitting the filing with the Commission, and with any national securities exchange concerned, of copies of periodic reports, or of extracts therefrom, filed by any registered investment company pursuant to subsections (a) and (b) of this section, in lieu of any reports and documents required of such company under section 78m or 78o(d) of this title. (d) Semi-annual reports to stockholders Every registered investment company shall transmit to its stockholders, at least semi-annually, reports containing such of the following information and financial statements or their equivalent, as of a reasonably current date, as the Commission may prescribe by rules and regulations for the protection of investors, which reports shall not be misleading in any material respect in the light of the reports required to be filed pursuant to subsections (a) and (b) of this section: (1) a balance sheet accompanied by a statement of the aggregate value of investments on the date of such balance sheet; (2) a list showing the amounts and values of securities owned on the date of such balance sheet; (3) a statement of income, for the period covered by the report, which shall be itemized at least with respect to each category of income and expense representing more than 5 per centum of total income or expense; (4) a statement of surplus, which shall be itemized at least with respect to each charge or credit to the surplus account which represents more than 5 per centum of the total charges or credits during the period covered by the report; (5) a statement of the aggregate remuneration paid by the company during the period covered by the report (A) to all directors and to all members of any advisory board for regular compensation; (B) to each director and to each member of an advisory board for special compensation; (C) to all officers; and (D) to each person of whom any officer or director of the company is an affiliated person; and (6) a statement of the aggregate dollar amounts of purchases and sales of investment securities, other than Government securities, made during the period covered by the report: Provided, That if in the judgment of the Commission any item required under this subsection is inapplicable or inappropriate to any specified type or types of investment company, the Commission may by rules and regulations permit in lieu thereof the inclusion of such item of a comparable character as it may deem applicable or appropriate to such type or types of investment company. (e) Certificate of independent public accountants Financial statements contained in annual reports required pursuant to subsections (a) and (d) of this section, if required by the rules and regulations of the Commission, shall be accompanied by a certificate of independent public accountants. The certificate of such independent public accountants shall be based upon an audit not less in scope or procedures followed than that which independent public accountants would ordinarily make for the purpose of presenting comprehensive and dependable financial statements, and shall contain such information as the Commission may prescribe, by rules and regulations in the public interest or for the protection of investors, as to the nature and scope of the audit and the findings and opinion of the accountants. Each such report shall state that such independent public accountants have verified securities owned, either by actual examination, or by receipt of a certificate from the custodian, as the Commission may prescribe by rules and regulations. (f) Duties and liabilities of affiliated persons Every person who is directly or indirectly the beneficial owner of more than 10 per centum of any class of outstanding securities (other than short-term paper) of which a registered closed-end company is the issuer or who is an officer, director, member of an advisory board, investment adviser, or affiliated person of an investment adviser of such a company shall in respect of his transactions in any securities of such company (other than short-term paper) be subject to the same duties and liabilities as those imposed by section 78p of this title upon certain beneficial owners, directors, and officers in respect of their transactions in certain equity securities. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 30, 54 Stat. 836.) -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. -CROSS- CROSS REFERENCES Authority of commission as to reports, etc., to be filed or accounting policies, see section 80a-2 of this title. Notice of opportunity to file or correct report after failure to file or defective filing, see section 80a-8 of this title. Preservation of accounts and records for financial statements, see section 80a-30 of this title. Reports by registered investment company in lieu of registration statement, see section 80a-24 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-2, 80a-6, 80a-8, 80a-24, 80a-30, 80a-63 of this title. ------DocID 18462 Document 10 of 944------ -CITE- 15 USC CHAPTER 29 -EXPCITE- TITLE 15 CHAPTER 29 -HEAD- CHAPTER 29 - MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF SWITCHBLADE KNIVES -MISC1- Sec. 1241. Definitions. 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty. 1243. Manufacture, sale, or possession within specific jurisdictions; penalty. 1244. Exceptions. 1245. Ballistic knives. (a) Prohibition and penalties for possession, manufacture, sale, or importation. (b) Prohibition and penalties for possession or use during commission of Federal crime of violence. (c) Exceptions. (d) 'Ballistic knife' defined. ------DocID 19653 Document 11 of 944------ -CITE- 16 USC Sec. 27 to 29 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 27 to 29. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, eff. Sept. 1, 1948 -MISC1- Section 27, acts May 7, 1894, ch. 72, Sec. 5, 28 Stat. 74; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213, related to jurisdiction and powers of commissioner (now magistrate judges). See sections 131, 631, and 632 of Title 28, Judiciary and Judicial Procedure. Section 28, act May 7, 1894, ch. 72, Sec. 6, 28 Stat. 75, related to deputy marshals. See section 562 of Title 28. Section 29, acts May 7, 1894, ch. 72, Sec. 7, 28 Stat. 75; Apr. 17, 1900, ch. 192, Sec. 1, 31 Stat. 133; Mar. 4, 1923, ch. 295, 42 Stat. 1560, related to compensation of commissioners (now magistrate judges), marshals, and United States attorneys. See sections 548, 571, 572, and 634 of Title 28. ------DocID 21122 Document 12 of 944------ -CITE- 16 USC Sec. 460m-29 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXI-A -HEAD- Sec. 460m-29. Glade Creek visitor facility -STATUTE- In order to provide for public use and enjoyment of the scenic and natural resources of the New River Gorge National River and in order to provide public information to visitors with respect to the national river and associated State parklands, the Secretary is authorized and directed to construct a scenic overlook and visitor information facility at a suitable location accessible from Interstate 64 in the vicinity of Glade Creek within the boundary of the national river. There is authorized to be appropriated such sums as may be necessary to carry out construction (including all related planning and design) of the scenic overlook and visitor information facility. -SOURCE- (Pub. L. 95-625, title XI, Sec. 1116, as added Pub. L. 100-534, title I, Sec. 105, Oct. 26, 1988, 102 Stat. 2702.) ------DocID 22914 Document 13 of 944------ -CITE- 16 USC CHAPTER 29 -EXPCITE- TITLE 16 CHAPTER 29 -HEAD- CHAPTER 29 - WATER BANK PROGRAM FOR WETLANDS PRESERVATION -MISC1- Sec. 1301. Congressional declaration of policy; authority of Secretary. 1302. Conservation agreements to effectuate water bank program; duration and renewal; adjustment of payment rate for renewal period; wetlands defined; duration of ownership or control of land as determining eligibility for agreements; protection of and compensation for tenants and sharecroppers; participation by owner or operator in other Federal or State programs. 1303. Terms of agreement; required provisions. 1304. Annual payment; adjustment. 1305. Renewal or extension of agreement; participation of subsequent owner or operator in program. 1306. Termination or modification of agreements. 1307. Utilization of services and facilities. 1308. Advisory Board; appointment; functions; membership; reimbursement for expenses. 1309. Consultation with Secretary of the Interior; conformity of program with wetlands programs administered by Secretary of the Interior; consultation with and utilization of technical services of appropriate local, State, Federal, and private conservation agencies; coordination of programs. 1310. Authorization of appropriations; maximum amount of payments pursuant to agreements. 1311. Rules and regulations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1501, 1503, 3839 of this title; title 26 section 126. ------DocID 23982 Document 14 of 944------ -CITE- 18 USC CHAPTER 29 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES -MISC1- Sec. (591. Repealed.) 592. Troops at polls. 593. Interference by armed forces. 594. Intimidation of voters. 595. Interference by administrative employees of Federal, State, or Territorial Governments. 596. Polling armed forces. 597. Expenditures to influence voting. 598. Coercion by means of relief appropriations. 599. Promise of appointment by candidate. 600. Promise of employment or other benefit for political activity. 601. Deprivation of employment or other benefit for political contribution. 602. Solicitation of political contributions. 603. Making political contributions. 604. Solicitation from persons on relief. 605. Disclosure of names of persons on relief. 606. Intimidation to secure political contributions. 607. Place of solicitation. 608. Absent uniformed services voters and overseas voters. 609. Use of military authority to influence vote of member of Armed Forces. (610 to 617. Repealed.) SENATE REVISION AMENDMENT By Senate amendment, item 610 was changed to read, '610. Contributions or expenditures by national banks, corporations, or labor organizations'. See Senate Report No. 1620, amendment Nos. 4 and 5, 80th Cong. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3516, Nov. 29, 1990, 104 Stat. 4923, substituted 'Making political contributions' for 'Place of solicitation' in item 603 and 'Place of solicitation' for 'Making political contributions' in item 607. 1986 - Pub. L. 99-410, title II, Sec. 202(b), Aug. 28, 1986, 100 Stat. 929, added items 608 and 609. 1980 - Pub. L. 96-187, title II, Sec. 201(a)(2), Jan. 8, 1980, 93 Stat. 1367, struck out item 591 'Definitions'. 1976 - Pub. L. 94-453, Sec. 2, Oct. 2, 1976, 90 Stat. 1517, substituted 'political contribution' for 'political activity' in item 601. Pub. L. 94-283 title II, Sec. 201(b), May 11, 1976, 90 Stat. 496, struck out items '608. Limitations on contributions and expenditures', '610. Contributions or expenditures by national banks, corporations or labor organizations', '611. Contributions by Government contractors', '612. Publication or distribution of political statements', '613. Contributions by foreign nationals', '614. Prohibition of contributions in name of another', '615. Limitation on contributions of currency', '616. Acceptance of excessive honorariums', and '617. Fraudulent misrepresentation of campaign authority'. 1974 - Pub. L. 93-443, title I, Sec. 101(d)(4)(B), (f)(3), Oct. 15, 1974, 88 Stat. 1267, 1268, substituted 'Contributions by foreign nationals' for 'Contributions by agents of foreign principals' in item 613, and added items 614 to 617. 1972 - Pub. L. 92-225, title II, Sec. 207, Feb. 7, 1972, 86 Stat. 11, substituted 'contributions and expenditures' for 'political contributions and purchases' in item 608, 'Repealed' for 'Maximum contributions and expenditures' in item 609, and 'Government contractors' for 'firms or individuals contracting with the United States' in item 611. 1966 - Pub. L. 89-486, Sec. 8(c)(1), July 4, 1966, 80 Stat. 249, added item 613. STATE LAWS AFFECTED; DEFINITIONS Section 104 of Pub. L. 93-443 provided that: '(a) The provisions of chapter 29 of title 18, United States Code, relating to elections and political activities, supersede and preempt any provision of State law with respect to election to Federal office. '(b) For purposes of this section, the terms 'election', 'Federal office', and 'State' have the meanings given them by section 591 of title 18, United States Code.' ------DocID 25114 Document 15 of 944------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 29 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 29. Motion for Judgment of Acquittal -STATUTE- (a) Motion Before Submission to Jury. Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place. The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more offenses charged in the indictment or information after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense or offenses. If a defendant's motion for judgment of acquittal at the close of the evidence offered by the government is not granted, the defendant may offer evidence without having reserved the right. (b) Reservation of Decision on Motion. If a motion for judgment of acquittal is made at the close of all the evidence, the court may reserve decision on the motion, submit the case to the jury and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict. (c) Motion After Discharge of Jury. If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within 7 days after the jury is discharged or within such further time as the court may fix during the 7-day period. If a verdict of guilty is returned the court may on such motion set aside the verdict and enter judgment of acquittal. If no verdict is returned the court may enter judgment of acquittal. It shall not be necessary to the making of such a motion that a similar motion has been made prior to the submission of the case to the jury. (d) Same: Conditional Ruling on Grant of Motion. If a motion for judgment of acquittal after verdict of guilty under this Rule is granted, the court shall also determine whether any motion for a new trial should be granted if the judgment of acquittal is thereafter vacated or reversed, specifying the grounds for such determination. If the motion for a new trial is granted conditionally, the order thereon does not affect the finality of the judgment. If the motion for a new trial has been granted conditionally and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. If such motion has been denied conditionally, the appellee on appeal may assert error in that denial, and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Nov. 10, 1986, Pub. L. 99-646, Sec. 54(a), 100 Stat. 3607.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). 1. The purpose of changing the name of a motion for a directed verdict to a motion for judgment of acquittal is to make the nomenclature accord with the realities. The change of nomenclature, however, does not modify the nature of the motion or enlarge the scope of matters that may be considered. 2. The second sentence is patterned on New York Code of Criminal Procedure, sec. 410. 3. The purpose of the third sentence is to remove the doubt existing in a few jurisdictions on the question whether the defendant is deemed to have rested his case if he moves for a directed verdict at the close of the prosecution's case. The purpose of the rule is expressly to preserve the right of the defendant to offer evidence in his own behalf, if such motion is denied. This is a restatement of the prevailing practice, and is also in accord with the practice prescribed for civil cases by Rule 50(a) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). Note to Subdivision (b). This rule is in substance similar to Rule 50(b) of the Federal Rules of Civil Procedure, 28 U.S.C., Appendix, and permits the court to render judgment for the defendant notwithstanding a verdict of guilty. Some Federal courts have recognized and approved the use of a judgment non obstante veredicto for the defendant in a criminal case, Ex parte United States, 101 F.2d 870 (C.C.A. 7th), affirmed by an equally divided court, United States v. Stone, 308 U.S. 519. The rule sanctions this practice. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Subdivision (a). - A minor change has been made in the caption. Subdivision (b). - The last three sentences are deleted with the matters formerly covered by them transferred to the new subdivision (c). Subdivision (c). - The new subdivision makes several changes in the former procedure. A motion for judgment of acquittal may be made after discharge of the jury whether or not a motion was made before submission to the jury. No legitimate interest of the government is intended to be prejudiced by permitting the court to direct an acquittal on a post-verdict motion. The constitutional requirement of a jury trial in criminal cases is primarily a right accorded to the defendant. Cf. Adams v. United States, ex rel. McCann, 317 U.S. 269 (1942); Singer v. United States, 380 U.S. 24 (1965); Note, 65 Yale L.J. 1032 (1956). The time in which the motion may be made has been changed to 7 days in accordance with the amendment to Rule 45(a) which by excluding Saturday from the days to be counted when the period of time is less than 7 days would make 7 days the normal time for a motion required to be made in 5 days. Also the court is authorized to extend the time as is provided for motions for new trial (Rule 33) and in arrest of judgment (Rule 34). References in the original rule to the motion for a new trial as an alternate to the motion for judgment of acquittal and to the power of the court to order a new trial have been eliminated. Motions for new trial are adequately covered in Rule 33. Also the original wording is subject to the interpretation that a motion for judgment of acquittal gives the court power to order a new trial even though the defendant does not wish a new trial and has not asked for one. 1986 AMENDMENT Subd. (d). Pub. L. 99-646 added subd. (d). EFFECTIVE DATE OF 1986 AMENDMENT Section 54(b) of Pub. L. 99-646 provided that: 'The amendments made by this section (amending this rule) shall take effect 30 days after the date of the enactment of this Act (Nov. 10, 1986).' ------DocID 25115 Document 16 of 944------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 29.1 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 29.1. Closing Argument -STATUTE- After the closing of evidence the prosecution shall open the argument. The defense shall be permitted to reply. The prosecution shall then be permitted to reply in rebuttal. -SOURCE- (Added Apr. 22, 1974, eff. Dec. 1, 1975.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule is designed to control the order of closing argument. It reflects the Advisory Committee's view that it is desirable to have a uniform federal practice. The rule is drafted in the view that fair and effective administration of justice is best served if the defendant knows the arguments actually made by the prosecution in behalf of conviction before the defendant is faced with the decision whether to reply and what to reply. NOTES OF COMMITTEE ON THE JUDICIARY, HOUSE REPORT NO. 94-247; 1975 AMENDMENT A. Amendments Proposed by the Supreme Court, Rule 29.1 is a new rule that was added to regulate closing arguments. It prescribes that the government shall make its closing argument and then the defendant shall make his. After the defendant has argued, the government is entitled to reply in rebuttal. B. Committee Action. The Committee endorses and adopts this proposed rule in its entirety. The Committee believes that as the Advisory Committee Note has stated, fair and effective administration of justice is best served if the defendant knows the arguments actually made by the prosecution in behalf of conviction before the defendant is faced with the decision whether to reply and what to reply. Rule 29.1 does not specifically address itself to what happens if the prosecution waives its initial closing argument. The Committee is of the view that the prosecutor, when he waives his initial closing argument, also waives his rebuttal. (See the remarks of Senior United States Circuit Judge J. Edward Lumbard in Hearings II, at 207.) EFFECTIVE DATE This rule effective Dec. 1, 1975, see section 2 of Pub. L. 94-64, set out as a note under rule 4 of these rules. ------DocID 25168 Document 17 of 944------ -CITE- 19 USC Sec. 29 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 29. Repealed. Aug. 26, 1935, ch. 689, Sec. 2, 49 Stat. 864 -MISC1- Section, act Mar. 15, 1898, ch. 68, Sec. 1, 30 Stat. 286, as supplemented by acts Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Mar. 4, 1923, ch. 251, Sec. 3, 42 Stat. 1453, related to administration of oaths by collectors and assistants. Act Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat. 561, also repealed act Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800, formerly credited to this section. ------DocID 26085 Document 18 of 944------ -CITE- 20 USC Sec. 29 -EXPCITE- TITLE 20 CHAPTER 2 -HEAD- Sec. 29. Repealed. Pub. L. 86-624, Sec. 14(b)(1), July 12, 1960, 74 Stat. 413 -MISC1- Section, act Mar. 10, 1924, ch. 46, Sec. 4, 43 Stat. 18, extended benefits of chapter to Territory of Hawaii. EFFECTIVE DATE OF REPEAL Repeal applicable in the case of fiscal years beginning after June 30, 1960, see section 47(c) of Pub. L. 86-624, set out as an Effective Date of 1960 Amendment note under section 12 of this title. ------DocID 27013 Document 19 of 944------ -CITE- 20 USC CHAPTER 29 -EXPCITE- TITLE 20 CHAPTER 29 -HEAD- CHAPTER 29 - INTERNATIONAL STUDIES AND RESEARCH ------DocID 29025 Document 20 of 944------ -CITE- 22 USC Sec. 277d-29 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-29. Rio Grande canalization project; flood and sediment control; agreements authorized; control gates; costs; authorization of appropriations -STATUTE- For the purposes of facilitating and implementing operation and maintenance of the international Rio Grande canalization project, the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to enter into agreements with the appropriate official or officials of local organizations, as defined in the Watershed Protection and Flood Prevention Act of August 4, 1954, as amended (16 U.S.C. 1001 et seq.), for the maintenance by said local organizations either directly or indirectly through mutually satisfactory maintenance agreements with others, including the United States, of all those flood and arroyo sediment control dams, together with all related works, hereafter installed or constructed in the Rio Grande watershed between Caballo Dam and El Paso, Texas, in accordance with said Act, and which are necessary, in the opinion of Said Commissioner, to facilitate and implement the operation and maintenance of said project. Such maintenance agreements between the local organization and the United States shall provide the extent of contribution by the United States as may be mutually agreed by the two parties, based on the degree of benefits to be derived from said dams and related works, and the contribution by the United States may be either in the form of funds or performance of the actual operation and maintenance. Control gates shall not be installed on any of the dams which, in the opinion of the United States Commissioner, International Boundary and Water Commission, United States and Mexico, are necessary to facilitate and implement the operation and maintenance of the Rio Grande canalization project. Arrangements made between the United States and the local organizations shall be satisfactory to the Secretary of Agriculture for defraying cost of maintaining such work of improvement in accordance with regulations prescribed by said Secretary. There is hereby authorized to be appropriated not in excess of $50,000 per annum for contributions to maintenance authorized by this section. -SOURCE- (Pub. L. 88-600, Sept. 18, 1964, 78 Stat. 956; Pub. L. 93-126, Sec. 7(c), Oct. 18, 1973, 87 Stat. 452.) -REFTEXT- REFERENCES IN TEXT The Watershed Protection and Flood Prevention Act of August 4, 1954, as amended, referred to in text, is act Aug. 4, 1954, ch. 656, 68 Stat. 666, as amended, which is classified generally to chapter 18 (Sec. 1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables. -MISC2- AMENDMENTS 1973 - Pub. L. 93-126 substituted '$50,000' for '$23,000'. ------DocID 30011 Document 21 of 944------ -CITE- 22 USC CHAPTER 29 -EXPCITE- TITLE 22 CHAPTER 29 -HEAD- CHAPTER 29 - CULTURAL AND TECHNICAL INTERCHANGE CENTERS -MISC1- SUBCHAPTER I - CENTER BETWEEN EAST AND WEST Sec. 2051 to 2053. Repealed. 2054. Statement of purpose. 2055. Duties of Director of United States Information Agency; establishment and operation of educational institution; grants, fellowships, and scholarships; availability of facilities. 2056. Administration. (a) Authority. (b) Gifts, bequests, and devises. (c) Report to Congress. 2057. Authorization of appropriations. SUBCHAPTER II - WESTERN HEMISPHERIC CENTER 2071, 2072. Repealed. SUBCHAPTER III - NORTH-SOUTH CENTER 2075. Center for Cultural and Technical Interchange Between North and South. (a) Short title. (b) Purpose. (c) North-South Center. (d) Authorities. (e) Authorization of appropriations. ------DocID 31507 Document 22 of 944------ -CITE- 24 USC Sec. 29, 29a -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 29, 29a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(45), 65 Stat. 703 -MISC1- Section 29, acts Mar. 15, 1920, ch. 100, Sec. 1, 41 Stat. 530; Mar. 4, 1921, ch. 156, 41 Stat. 1365, related to disposal of surplus material for the Public Health Service. See section 483 of Title 40, Public Buildings, Property, and Works. Section 29a, acts Mar. 15, 1920, ch. 100, Sec. 4, 41 Stat. 531; Mar. 4, 1921, ch. 156, 41 Stat. 1365, related to charges incurred in the disposal of surplus material. See section 484 of Title 40. ------DocID 32429 Document 23 of 944------ -CITE- 25 USC Sec. 640d-29 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XXII -HEAD- Sec. 640d-29. Restrictions on lobbying; exception -STATUTE- (a) Except as provided in subsection (b) of this section, no person or entity who has entered into a contract with the Commissioner to provide services under this subchapter may engage in activities designed to influence Federal legislation on any issue relating to the relocation required under this subchapter. (b) Subsection (a) of this section shall not apply to the Navajo Tribe or the Hopi Tribe, except that such tribes shall not spend any funds received from the Office in any activities designed to influence Federal legislation. -SOURCE- (Pub. L. 93-531, Sec. 31, as added Pub. L. 100-666, Sec. 5, Nov. 16, 1988, 102 Stat. 3931.) ------DocID 33428 Document 24 of 944------ -CITE- 25 USC CHAPTER 29 -EXPCITE- TITLE 25 CHAPTER 29 -HEAD- CHAPTER 29 - INDIAN GAMING REGULATION -MISC1- Sec. 2701. Findings. 2702. Declaration of policy. 2703. Definitions. 2704. National Indian Gaming Commission. (a) Establishment. (b) Composition; investigation; term of office; removal. (c) Vacancies. (d) Quorum. (e) Vice Chairman. (f) Meetings. (g) Compensation. 2705. Powers of Chairman. 2706. Powers of Commission. (a) Budget approval; civil fines; fees; subpoenas; permanent orders. (b) Monitoring; inspection of premises; investigations; access to records; mail; contracts; hearings; oaths; regulations. (c) Report. 2707. Commission staffing. (a) General Counsel. (b) Staff. (c) Temporary services. (d) Federal agency personnel. (e) Administrative support services. 2708. Commission; access to information. 2709. Interim authority to regulate gaming. 2710. Tribal gaming ordinances. (a) Jurisdiction over class I and class II gaming activity. (b) Regulation of class II gaming activity; net revenue allocation; audits; contracts. (c) Issuance of gaming license; certificate of self-regulation. (d) Class III gaming activities; authorization; revocation; Tribal-State compact. (e) Approval of ordinances. 2711. Management contracts. (a) Class II gaming activity; information on operators. (b) Approval. (c) Fee based on percentage of net revenues. (d) Period for approval; extension. (e) Disapproval. (f) Modification or voiding. (g) Interest in land. (h) Authority. (i) Investigation fee. 2712. Review of existing ordinances and contracts. (a) Notification to submit. (b) Approval or modification of ordinance or resolution. (c) Approval or modification of management contract. 2713. Civil penalties. (a) Authority; amount; appeal; written complaint. (b) Temporary closure; hearing. (c) Appeal from final decision. (d) Regulatory authority under tribal law. 2714. Judicial review. 2715. Subpoena and deposition authority. (a) Attendance, testimony, production of papers, etc. (b) Geographical location. (c) Refusal of subpoena; court order; contempt. (d) Depositions; notice. (e) Oath or affirmation required. (f) Witness fees. 2716. Investigative powers. (a) Confidential information. (b) Provision to law enforcement officials. (c) Attorney General. 2717. Commission funding. 2717a. Availability of class II gaming activity fees to carry out duties of Commission. 2718. Authorization of appropriations. 2719. Gaming on lands acquired after October 17, 1988. (a) Prohibition on lands acquired in trust by Secretary. (b) Exceptions. (c) Authority of Secretary not affected. (d) Application of title 26. 2720. Dissemination of information. 2721. Severability. ------DocID 33541 Document 25 of 944------ -CITE- 26 USC Sec. 29 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart B -HEAD- Sec. 29. Credit for producing fuel from a nonconventional source -STATUTE- (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to - (1) $3, multiplied by (2) the barrel-of-oil equivalent of qualified fuels - (A) sold by the taxpayer to an unrelated person during the taxable year, and (B) the production of which is attributable to the taxpayer. (b) Limitations and adjustments (1) Phaseout of credit The amount of the credit allowable under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as - (A) the amount by which the reference price for the calendar year in which the sale occurs exceeds $23.50, bears to (B) $6. (2) Credit and phaseout adjustment based on inflation The $3 amount in subsection (a) and the $23.50 and $6 amounts in paragraph (1) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. In the case of gas from a tight formation, the $3 amount in subsection (a) shall not be adjusted. (3) Credit reduced for grants, tax-exempt bonds, and subsidized energy financing (A) In general The amount of the credit allowable under subsection (a) with respect to any project for any taxable year (determined after the application of paragraphs (1) and (2)) shall be reduced by the amount which is the product of the amount so determined for such year and a fraction - (i) the numerator of which is the sum, for the taxable year and all prior taxable years, of - (I) grants provided by the United States, a State, or a political subdivision of a State for use in connection with the project, (II) proceeds of any issue of State or local government obligations used to provide financing for the project the interest on which is exempt from tax under section 103, and (III) the aggregate amount of subsidized energy financing (within the meaning of section 48(a)(4)(C)) provided in connection with the project, and (ii) the denominator of which is the aggregate amount of additions to the capital account for the project for the taxable year and all prior taxable years. (B) Amounts determined at close of year The amounts under subparagraph (A) for any taxable year shall be determined as of the close of the taxable year. (4) Credit reduced for energy credit The amount allowable as a credit under subsection (a) with respect to any project for any taxable year (determined after the application of paragraphs (1), (2), and (3)) shall be reduced by the excess of - (A) the aggregate amount allowed under section 38 for the taxable year or any prior taxable year by reason of the energy percentage with respect to property used in the project, over (B) the aggregate amount recaptured with respect to the amount described in subparagraph (A) - (i) under section 49(b) or 50(a) for the taxable year or any prior taxable year, or (ii) under this paragraph for any prior taxable year. The amount recaptured under section 49(b) or 50(a) with respect to any property shall be appropriately reduced to take into account any reduction in the credit allowed by this section by reason of the preceding sentence. (5) Credit reduced for enhanced oil recovery credit The amount allowable as a credit under subsection (a) with respect to any project for any taxable year (determined after application of paragraphs (1), (2), (3), and (4)) shall be reduced by the excess (if any) of - (A) the aggregate amount allowed under section 38 for the taxable year and any prior taxable year by reason of any enhanced oil recovery credit determined under section 43 with respect to such project, over (B) the aggregate amount recaptured with respect to the amount described in subparagraph (A) under this paragraph for any prior taxable year. (6) Application with other credits The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of - (A) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27 and 28, over (B) the tentative minimum tax for the taxable year. (c) Definition of qualified fuels For purposes of this section - (1) In general The term 'qualified fuels' means - (A) oil produced from shale and tar sands, (B) gas produced from - (i) geopressured brine, Devonian shale, coal seams, or a tight formation, or (ii) biomass, and (C) liquid, gaseous, or solid synthetic fuels produced from coal (including lignite), including such fuels when used as feedstocks. (2) Gas from geopressured brine, etc. (A) In general Except as provided in subparagraph (B), the determination of whether any gas is produced from geopressured brine, Devonian shale, coal seams, or a tight formation shall be made in accordance with section 503 of the Natural Gas Policy Act of 1978. (B) Special rules for gas from tight formations The term 'gas produced from a tight formation' shall only include gas from a tight formation - (i) which, as of April 20, 1977, was committed or dedicated to interstate commerce (as defined in section 2(18) of the Natural Gas Policy Act of 1978, as in effect on the date of the enactment of this clause), or (ii) which is produced from a well drilled after such date of enactment. (3) Biomass The term 'biomass' means any organic material other than - (A) oil and natural gas (or any product thereof), and (B) coal (including lignite) or any product thereof. (d) Other definitions and special rules For purposes of this section - (1) Only production within the United States taken into account Sales shall be taken into account under this section only with respect to qualified fuels the production of which is within - (A) the United States (within the meaning of section 638(1)), or (B) a possession of the United States (within the meaning of section 638(2)). (2) Computation of inflation adjustment factor and reference price (A) In general The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor and the reference price for the preceding calendar year in accordance with this paragraph. (B) Inflation adjustment factor The term 'inflation adjustment factor' means, with respect to a calendar year, a fraction the numerator of which is the GNP implicit price deflator for the calendar year and the denominator of which is the GNP implicit price deflator for calendar year 1979. The term 'GNP implicit price deflator' means the first revision of the implicit price deflator for the gross national product as computed and published by the Department of Commerce. (C) Reference price The term 'reference price' means with respect to a calendar year the Secretary's estimate of the annual average wellhead price per barrel for all domestic crude oil the price of which is not subject to regulation by the United States. (3) Production attributable to the taxpayer In the case of a property or facility in which more than 1 person has an interest, except to the extent provided in regulations prescribed by the Secretary, production from the property or facility (as the case may be) shall be allocated among such persons in proportion to their respective interests in the gross sales from such property or facility. (4) Gas from geopressured brine, Devonian shale, coal seams, or a tight formation The amount of the credit allowable under subsection (a) shall be determined without regard to any production attributable to a property from which gas from Devonian shale, coal seams, geopressured brine, or a tight formation was produced in marketable quantities before January 1, 1980. (5) Barrel-of-oil equivalent The term 'barrel-of-oil equivalent' with respect to any fuel means that amount of such fuel which has a Btu content of 5.8 million; except that in the case of qualified fuels described in subparagraph (C) of subsection (c)(1), the Btu content shall be determined without regard to any material from a source not described in such subparagraph. (6) Barrel defined The term 'barrel' means 42 United States gallons. (7) Related persons Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling qualified fuels to an unrelated person if such fuels are sold to such a person by another member of such group. (8) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (e) Application with the Natural Gas Policy Act of 1978 (1) No credit if section 107 of the Natural Gas Policy Act of 1978 is utilized Subsection (a) shall apply with respect to any natural gas described in subsection (c)(1)(B)(i) which is sold during the taxable year only if such natural gas is sold at a lawful price which is determined without regard to the provisions of section 107 of the Natural Gas Policy Act of 1978 and subtitle B of title I of such Act. (2) Treatment of this section For purposes of section 107(d) of the Natural Gas Policy Act of 1978, this section shall not be treated as allowing any credit, exemption, deduction, or comparable adjustment applicable to the computation of any Federal tax. (f) Application of section This section shall apply with respect to qualified fuels - (1) which are - (A) produced from a well drilled after December 31, 1979, and before January 1, 1993, or (B) produced in a facility placed in service after December 31, 1979, and before January 1, 1993, and (2) which are sold before January 1, 2003. -SOURCE- (Added Pub. L. 96-223, title II, Sec. 231(a), Apr. 2, 1980, 94 Stat. 268, Sec. 44D, and amended Pub. L. 97-34, title VI Sec. 611(a), Aug. 13, 1981, 95 Stat. 339; Pub. L. 97-354, Sec. 5(a)(1), Oct. 19, 1982, 96 Stat. 1692; Pub. L. 97-448, title II, Sec. 202(a), Jan. 12, 1983, 96 Stat. 2396; renumbered Sec. 29 and amended Pub. L. 98-369, div. A, title IV, Sec. 471(c), 474(h), title VI, Sec. 612(e)(1), title VII, Sec. 722(d)(1), (2), July 18, 1984, 98 Stat. 826, 831, 912, 973; Pub. L. 99-514, title VII, Sec. 701(c)(3), title XVIII, Sec. 1879(c)(1), Oct. 22, 1986, 100 Stat. 2340, 2906; Pub. L. 100-647, title VI, Sec. 6302, Nov. 10, 1988, 102 Stat. 3755; Pub. L. 101-508, title XI, Sec. 11501(a), (b)(1), (c)(1), 11813(b)(1), 11816, Nov. 5, 1990, 104 Stat. 1388-479, 1388-550, 1388-558.) -REFTEXT- REFERENCES IN TEXT The Natural Gas Policy Act of 1978, referred to in subsecs. (c)(2)(A), (B)(i) and (e), is Pub. L. 95-621, Nov. 9, 1978, 92 Stat. 3350, as amended, which is classified generally to chapter 60 (Sec. 3301 et seq.) of Title 15, Commerce and Trade. Subtitle B of title I of the Act is classified generally to part B of subchapter I (Sec. 3331 et seq.) of chapter 60 of Title 15. Sections 2(18), 107, and 503 of the Act are classified to sections 3301(18), 3317, and 3413 of Title 15, respectively. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of Title 15 and Tables. The date of the enactment of this clause, and such date of enactment, referred to in subsec. (c)(2)(B), probably mean the date of enactment of Pub. L. 101-508, which amended subsec. (c)(2)(B) of this section generally, and which was approved Nov. 5, 1990. -MISC2- AMENDMENTS 1990 - Subsec. (b)(3)(A)(i)(III). Pub. L. 101-508, Sec. 11813(b)(1)(A), substituted 'section 48(a)(4)(C)' for 'section 48(l)(11)(C)'. Subsec. (b)(4). Pub. L. 101-508, Sec. 11813(b)(1)(B), substituted 'section 49(b) or 50(a)' for 'section 47' in two places. Subsec. (b)(5), (6). Pub. L. 101-508, Sec. 11501(c)(1), added par. (5) and redesignated former par. (5) as (6). Subsec. (c)(1)(B) to (E). Pub. L. 101-508, Sec. 11816(a), inserted 'and' at end of subpar. (B), substituted a period for a comma at end of subpar. (C), and struck out subpar. (D) which related to qualifying processed wood fuels, and subpar. (E) which related to steam produced from solid agricultural byproducts (not including timber byproducts). Subsec. (c)(2)(B). Pub. L. 101-508, Sec. 11501(b)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 'The term 'gas produced from a tight formation' shall only include - '(i) gas the price of which is regulated by the United States, and '(ii) gas for which the maximum lawful price applicable under the Natural Gas Policy Act of 1978 is at least 150 percent of the then applicable price under section 103 of such Act.' Subsec. (c)(3). Pub. L. 101-508, Sec. 11813(b)(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: 'The term 'biomass' means any organic material which is an alternate substance (as defined in section 48(l)(3)(B)) other than coal (including lignite) or any product of such coal.' Subsec. (c)(4). Pub. L. 101-508, Sec. 11816(b)(1), struck out par. (4) 'Qualifying processed wood fuel' which read as follows: '(A) In general. - The term 'qualifying processed wood fuel' means any processed solid wood fuel (other than charcoal, fireplace products, or a product used for ornamental or recreational purposes) which has a Btu content per unit of volume or weight, determined without regard to any nonwood elements, which is at least 40 percent greater per unit of volume or weight than the Btu content of the wood from which it is produced (determined immediately before the processing). '(B) Election. - A taxpayer shall elect, at such time and in such manner as the Secretary by regulations may prescribe, as to whether Btu content per unit shall be determined for purposes of this paragraph on a volume or weight basis. Any such election - '(i) shall apply to all production from a facility; and '(ii) shall be effective for the taxable year with respect to which it is made and for all subsequent taxable years and, once made, may be revoked only with the consent of the Secretary.' Subsec. (c)(5). Pub. L. 101-508, Sec. 11816(b)(1), struck out par. (5) 'Agricultural byproduct steam' which read as follows: 'Steam produced from solid agricultural byproducts which is used by the taxpayer in his trade or business shall be treated as having been sold by the taxpayer to an unrelated person on the date on which it is used.' Subsec. (d)(4). Pub. L. 101-508, Sec. 11816(b)(2), amended par. (4) generally, striking out 'Special rules applicable to' before 'Gas' in heading, redesignating former subpar. (A) as par. (4), striking out subpar. (B) which related to the reference price and application of phaseout for Devonian shale, and making minor changes in phraseology. Subsec. (d)(5), (6). Pub. L. 101-508, Sec. 11816(b)(3), (4), redesignated par. (6) as (5), substituted 'subparagraph (C)' for 'subparagraph (C), (D), or (E)', and struck out former par. (5) which read as follows: 'In the case of a facility for the production of - '(A) qualifying processed wood fuel, or '(B) steam from solid agricultural byproducts, paragraph (1) of subsection (b) shall not apply with respect to the amount of the credit allowable under subsection (a) for fuels sold during the 3-year period beginning on the date the facility is placed in service.' Subsec. (d)(7) to (9). Pub. L. 101-508, Sec. 11816(b)(3), redesignated pars. (7) to (9) as (6) to (8), respectively. Subsec. (f). Pub. L. 101-508, Sec. 11816(b)(5), amended subsec. (f) generally, redesignating former par. (1) as subsec. (f), making minor changes in phraseology, substituting par. (2) for former par. (1)(B) which read as follows: 'which are sold after December 31, 1979, and before January 1, 2003.', and striking out former par. (2) which related to special rules applicable to qualified processed wood and solid agricultural byproduct steam. Subsec. (f)(1)(A)(i), (ii). Pub. L. 101-508, Sec. 11501(a)(1), substituted '1993' for '1991'. Subsec. (f)(1)(B). Pub. L. 101-508, Sec. 11501(a)(2), substituted '2003' for '2001'. 1988 - Subsec. (f)(1)(A)(i), (ii). Pub. L. 100-647 substituted '1991' for '1990'. 1986 - Subsec. (b)(5). Pub. L. 99-514, Sec. 701(c)(3), amended par. (5) generally. Prior to amendment, par. (5) read as follows: 'The credit allowed by subsection (a) for a taxable year shall not exceed the taxpayer's tax liability for the taxable year (as defined in section 26(b)), reduced by the sum of the credits allowable under subpart A and sections 27 and 28.' Subsec. (d)(8). Pub. L. 99-514, Sec. 1879(c)(1), inserted provision directing that a corporation which is a member of an affiliated group of corporations filing a consolidated return shall be treated as selling qualified fuels to an unrelated person if such fuels are sold to such person by another member of such group. 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 44D of this title as this section. Subsec. (b)(1)(A). Pub. L. 98-369, Sec. 722(d)(1), substituted 'in which the sale occurs' for 'in which the taxable year begins'. Subsec. (b)(2). Pub. L. 98-369, Sec. 722(d)(2), substituted 'in which the sale occurs' for 'in which a taxable year begins'. Subsec. (b)(5). Pub. L. 98-369, Sec. 612(e)(1), substituted 'section 26(b)' for 'section 25(b)'. Pub. L. 98-369, Sec. 474(h), amended par. (5) generally, substituting 'shall not exceed the taxpayer's tax liability for the taxable year (as defined in section 25(b)), reduced by the sum of the credits allowable under subpart A and sections 27 and 28' for 'shall not exceed the tax imposed by this chapter for such taxable year, reduced by the sum of the credits allowable under a section of this subpart having a lower number or letter designation than this section, other than the credits allowable by sections 31, 39, and 43. For purposes of the preceding sentence, the term 'tax imposed by this chapter' shall not include any tax treated as not imposed by this chapter under the last sentence of section 53(a)'. 1983 - Subsec. (f)(1)(B), (2)(A)(i). Pub. L. 97-448 substituted 'December 31, 1979' for 'December 3, 1979'. 1982 - Subsec. (d)(9). Pub. L. 97-354 substituted 'Pass-thru in the case of estates and trusts' for 'Pass-through in the case of subchapter S corporations, etc.' in par. heading, and substituted provisions relating to the applicability of rules similar to rules of subsec. (d) of section 52 for provisions relating to the applicability of rules similar to rules of subsecs. (d) and (e) of section 52. 1981 - Subsec. (e). Pub. L. 97-34 substituted provisions respecting application with the Natural Gas Policy Act of 1978 for prior provision reading 'If the taxpayer makes an election under section 107(d) of the Natural Gas Policy Act of 1978 to have subsections (a) and (b) of section 107 of that Act, and subtitle B of title I of that Act, apply with respect to gas described in subsection (c)(1)(B)(i) produced from any well on a property, then the credit allowable by subsection (a) shall not be allowed with respect to any gas produced on that property.' EFFECTIVE DATE OF 1990 AMENDMENT Section 11501(b)(2) of Pub. L. 101-508 provided that: 'The amendment made by paragraph (1) (amending this section) shall apply to gas produced after December 31, 1990.' Section 11501(c)(2) of Pub. L. 101-508 provided that: 'The amendment made by paragraph (1) (amending this section) shall apply to taxable years beginning after December 31, 1990.' Section 11813(c) of Pub. L. 101-508 provided that: '(1) In general. - Except as provided in paragraph (2), the amendments made by this section (enacting section 50 of this title and amending this section and sections 38, 42, 46 to 49, 52, 55, 108, 145, 147, 168, 170, 179, 196, 280F, 312, 465, 469, 861, 865, 1016, 1033, 1245, 1274A, 1371, 1388 and 1503 of this title) shall apply to property placed in service after December 31, 1990. '(2) Exceptions. - The amendments made by this section shall not apply to - '(A) any transition property (as defined in section 49(e) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act (Nov. 5, 1990)), '(B) any property with respect to which qualified progress expenditures were previously taken into account under section 46(d) of such Code (as so in effect), and '(C) any property described in section 46(b)(2)(C) of such Code (as so in effect).' Section 11821(a) of Pub. L. 101-508 provided that: 'Except as otherwise provided in this part, the amendments made by this part (part I (Sec. 11801-11821) of subtitle H of title XI of Pub. L. 101-508, see Tables for classification) shall take effect on the date of the enactment of this Act (Nov. 5, 1990).' EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 701(c)(3) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 701(f) of Pub. L. 99-514, set out as an Effective Date note under section 55 of this title. Section 1879(c)(2) of Pub. L. 99-514 provided that: 'The amendment made by paragraph (1) (amending this section) shall take effect as if included in the amendments made by section 231 of Public Law 96-223 (see Effective Date note below).' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 474(h) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as a note under section 21 of this title. Amendment by section 612(e)(1) of Pub. L. 98-369 applicable to interest paid or accrued after Dec. 31, 1984, on indebtedness incurred after Dec. 31, 1984, see setion 612(g) of Pub. L. 98-369, set out as an Effective Date note under section 25 of this title. Section 722(d)(3) of Pub. L. 98-369 provided that: 'The amendments made by this subsection (amending this section) shall apply to taxable years ending after December 31, 1979.' EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-448 effective, except as otherwise provided, as if it had been included in the provision of the Crude Oil Windfall Profit Tax Act of 1980, Pub. L. 96-223 to which such amendment relates, see section 203(a) of Pub. L. 97-448, set out as a note under section 6652 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-354 applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as an Effective Date note under section 1361 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Section 611(b) of Pub. L. 97-34 provided that: 'The amendment made by this section (amending this section) shall apply to taxable years ending after December 31, 1979.' EFFECTIVE DATE Section 231(c) of Pub. L. 96-223 provided that: 'The amendments made by this section (enacting this section and amending section 6096 of this title) shall apply to taxable years ending after December 31, 1979.' SAVINGS PROVISION Section 11821(b) of Pub. L. 101-508 provided that: 'If - '(1) any provision amended or repealed by this part (part I (Sec. 11801-11821) of subtitle H of title XI of Pub. L. 101-508, see Tables for classification) applied to - '(A) any transaction occurring before the date of the enactment of this Act (Nov. 5, 1990), '(B) any property acquired before such date of enactment, or '(C) any item of income, loss, deduction, or credit taken into account before such date of enactment, and '(2) the treatment of such transaction, property, or item under such provision would (without regard to the amendments made by this part) affect liability for tax for periods ending after such date of enactment, nothing in the amendments made by this part shall be construed to affect the treatment of such transaction, property, or item for purposes of determining liability for tax for periods ending after such date of enactment.' APPLICABILITY OF CERTAIN AMENDMENTS BY PUB. L. 99-514 IN RELATION TO TREATY OBLIGATIONS OF UNITED STATES For applicability of amendment by section 701(c)(3) of Pub. L. 99-514 notwithstanding any treaty obligation of the United States in effect on Oct. 22, 1986, with provision that for such purposes any amendment by title I of Pub. L. 100-647 be treated as if it had been included in the provision of Pub. L. 99-514 to which such amendment relates, see section 1012(aa)(2), (4) of Pub. L. 100-647, set out as a note under section 861 of this title. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 43, 53, 55, 56, 613A of this title. ------DocID 37011 Document 26 of 944------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 29 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 29. Brief of an amicus curiae -STATUTE- A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof, or by a State, Territory or Commonwealth. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Save as all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES Only five circuits presently regulate the filing of the brief of an amicus curiae. See D.C. Cir. Rule 18(j); 1st Cir. Rule 23(10); 6th Cir. Rule 17(4); 9th Cir. Rule 18(9); 10th Cir. Rule 20. This rule follows the practice of a majority of circuits in requiring leave of court to file an amicus brief except under the circumstances stated therein. Compare Supreme Court Rule 42. -CROSS- CROSS REFERENCES Rule-making power generally, see section 2071 of this title. ------DocID 37073 Document 27 of 944------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 29 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 29. Stipulations Regarding Discovery Procedure -STATUTE- Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and (2) modify the procedures provided by these rules for other methods of discovery, except that stipulations extending the time provided in Rules 33, 34, and 36 for responses to discovery may be made only with the approval of the court. -SOURCE- (As amended Mar. 30, 1970, eff. July 1, 1970.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT There is no provision for stipulations varying the procedures by which methods of discovery other than depositions are governed. It is common practice for parties to agree on such variations, and the amendment recognizes such agreements and provides a formal mechanism in the rules for giving them effect. Any stipulation varying the procedures may be superseded by court order, and stipulations extending the time for response to discovery under Rules 33, 34, and 36 require court approval. ------DocID 37172 Document 28 of 944------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 29 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 29. Complaint: Condemnation -STATUTE- United States District Court for the Southern District of New York CIVIL ACTION, FILE NUMBER XX United States of America, Plaintiff v. 1,000 Acres of Land in (here insert a general location as 'City of XX' or Complaint 'County of XX'), John Doe et al., and Unknown Owners, Defendants 1. This is an action of a civil nature brought by the United States of America for the taking of property under the power of eminent domain and for the ascertainment and award of just compensation to the owners and parties in interest. (FOOTNOTE 1) 2. The authority for the taking is (here state briefly, as 'the Act of XXX, XXX Stat. XXX, U.S.C., Title XXX, Sec. XXX') (FOOTNOTE 2) . 3. The use for which the property is to be taken is (here state briefly the use, 'as a site for a post-office building'). 4. The interest to be acquired in the property is (here state the interest as 'an estate in fee simple'). 5. The property so to be taken is (here set forth a description of the property sufficient for its identification) or (described in Exhibit A hereto attached and made a part hereof). 6. The persons known to the plaintiff to have or claim an interest in the property (FOOTNOTE 3) are: (Here set forth the names of such persons and the interests claimed.) (FOOTNOTE 4) 7. In addition to the persons named, there are or may be others who have or may claim some interest in the property to be taken, whose names are unknown to the plaintiff and on diligent inquiry have not been ascertained. They are made parties to the action under the designation 'Unknown Owners.' Wherefore the plaintiff demands judgment that the property be condemned and that just compensation for the taking be ascertained and awarded and for such other relief as may be lawful and proper. XXXXXXXXXXXXXXXXX United States Attorney. Address XXXXXXXXXXXXX (Here state an address within the district where the United States Attorney may be served, as 'United States Court House, New York, N. Y.'.) (FOOTNOTE 1) If the plaintiff is not the United States, but is, for example, a corporation invoking the power of eminent domain delegated to it by the state, then this paragraph 1 of the complaint should be appropriately modified and should be preceded by a paragraph appropriately alleging federal jurisdiction for the action, such as diversity. See Form 2. (FOOTNOTE 2) And where appropriate add a citation to any applicable Executive Order. (FOOTNOTE 3) At the commencement of the action the plaintiff need name as defendants only the persons having or claiming an interest in the property whose names are then known, but prior to any hearing involving the compensation to be paid for a particular piece of property the plaintiff must add as defendants all persons having or claiming an interest in that property whose names can be ascertained by an appropriate search of the records and also those whose names have otherwise been learned. See Rule 71A(c)(2). (FOOTNOTE 4) The plaintiff should designate, as to each separate piece of property, the defendants who have been joined as owners thereof or of some interest therein. See Rule 71A(c)(2). -SOURCE- (Added May 1, 1951, eff. Aug. 1, 1951.) ------DocID 37296 Document 29 of 944------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 29 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 29. Filing and Service of Documents; Special Notifications -STATUTE- .1. Any pleading, motion, notice, brief, or other document or paper required or permitted to be presented to this Court, or to a Justice, shall be filed with the Clerk. Every document, except a joint appendix or brief amicus curiae, filed by or on behalf of one or more corporations, shall include a list naming all parent companies and subsidiaries (except wholly owned subsidiaries) of each corporation. This listing may be done in a footnote. If there is no parent or subsidiary company to be listed, a notation to this effect shall be included in the document. If a list has been included in a document filed earlier in the particular case, reference may be made to the earlier document and only amendments to the listing to make it currently accurate need to be included in the document currently being filed. .2. To be timely filed, a document must actually be received by the Clerk within the time specified for filing; or be sent to the Clerk by first-class mail, postage prepaid, and bear a postmark showing that the document was mailed on or before the last day for filing; or, if being filed by an inmate confined in an institution, be deposited in the institution's internal mail system on or before the last day for filing and be accompanied by a notarized statement or declaration in compliance with 28 U.S.C. Sec. 1746 setting forth the date of deposit and stating that first-class postage has been prepaid. If the postmark is missing or not legible, the Clerk shall require the person who mailed the document to submit a notarized statement or declaration in compliance with 28 U.S.C. Sec. 1746 setting forth the details of the mailing and stating that the mailing took place on a particular date within the permitted time. A document forwarded through a private delivery or courier service must be received by the Clerk within the time permitted for filing. .3. Any pleading, motion, notice, brief, or other document required by these Rules to be served may be served personally or by mail on each party to the proceeding at or before the time of filing. If the document has been produced under Rule 33, three copies shall be served on each other party separately represented in the proceeding. If the document is typewritten pursuant to Rule 34, service of a single copy on each other party separately represented shall suffice. If personal service is made, it may consist of delivery at the office of counsel of record, either to counsel or to an employee therein. If service is by mail, it shall consist of depositing the document in a United States post office or mailbox, with first-class postage prepaid, addressed to counsel of record at the proper post office address. When a party is not represented by counsel, service shall be made upon the party, personally or by mail. .4. (a) If the United States or any department, office, agency, officer, or employee thereof is a party to be served, service must also be made upon the Solicitor General, Department of Justice, Washington, D.C. 20530. If a response by the Solicitor General is required or permitted within a prescribed period after service, the time does not begin to run until the document actually has been received by the Solicitor General's office. When an agency of the United States is authorized by law to appear on its own behalf as a party, or when an officer or employee of the United States is a party, the agency, officer, or employee must also be served, in addition to the Solicitor General; and if a response is required or permitted within a prescribed period, the time does not begin to run until the document actually has been received by the agency, the officer, the employee, and the Solicitor General's office. (b) In any proceeding in this Court wherein the constitutionality of an Act of Congress is drawn in question, and the United States or any department, office, agency, officer, or employee thereof is not a party, the initial pleading, motion, or paper filed in this Court shall recite that 28 U.S.C. Sec. 2403(a) may be applicable, and the document must be served on the Solicitor General, Department of Justice, Washington, D.C. 20530. In a proceeding from any court of the United States, as defined by 28 U.S.C. Sec. 451, the initial pleading, motion, or paper shall also state whether or not that court, pursuant to 28 U.S.C. Sec. 2403(a), has certified to the Attorney General the fact that the constitutionality of an Act of Congress was drawn into question. (c) In any proceeding in this Court wherein the constitutionality of any statute of a State is drawn into question, and the State or any agency, officer, or employee thereof is not a party, the initial pleading, motion, or paper filed in this Court shall recite that 28 U.S.C. Sec. 2403(b) may be applicable and shall be served upon the attorney general of that State. In a proceeding from any court of the United States, as defined by 28 U.S.C. Sec. 451, the initial pleading, motion, or paper shall state whether or not that court, pursuant to 28 U.S.C. Sec. 2403(b), has certified to the state attorney general the fact that the constitutionality of a statute of that State was drawn into question. .5. Proof of service, when required by these Rules, must accompany the document when it is presented to the Clerk for filing and must be separate from it. Proof of service may be shown by any one of the methods set forth below, and must contain, or be accompanied by, a statement that all parties required to be served have been served, together with a list of the names, addresses, and telephone numbers of counsel indicating the name of the party or parties each counsel represents. It is not necessary that service on each party required to be served be made in the same manner or evidenced by the same proof. (a) By an acknowledgment of service of the document in question, signed by counsel of record for the party served. (b) By a certificate of service of the document in question, reciting the facts and circumstances of service in compliance with the appropriate paragraph or paragraphs of this Rule, and signed by a member of the Bar of this Court representing the party on whose behalf service is made. (c) By a notarized affidavit or declaration in compliance with 28 U.S.C. Sec. 1746, reciting the facts and circumstances of service in accordance with the appropriate paragraph or paragraphs of this Rule, whenever service is made by any person not a member of the Bar of this Court. ------DocID 37351 Document 30 of 944------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 29 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 29. Stipulations Regarding Discovery Procedure -STATUTE- Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and (2) modify the procedures provided by these rules for other methods of discovery, except that stipulations extending the time provided in Rules 33, 34 and 36 for responses to discovery may be made only with the approval of the court. ------DocID 37458 Document 31 of 944------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 29 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 29. Stipulations Regarding Discovery Procedure -STATUTE- Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and (2) modify the procedures provided by these rules for other methods of discovery, except that stipulations extending the time provided in Rules 33, 34, and 36 for responses to discovery may be made only with the approval of the court. -SOURCE- (As amended Oct. 3, 1984, eff. Jan. 1, 1985.) ------DocID 6941 Document 32 of 944------ -CITE- 2 USC Sec. 29 -EXPCITE- TITLE 2 CHAPTER 2 -HEAD- Sec. 29. Condensed and simplified versions of House precedents; other useful materials in summary form; form and distribution to Members of Congress, Resident Commissioner from Puerto Rico, and others; appointment and compensation of personnel; utilization of services of personnel of Federal agencies -STATUTE- The Parliamentarian of the House of Representatives shall prepare, compile, and maintain on a current basis and in cumulative form, for each Congress commencing with the Ninety-third Congress a condensed and, insofar as practicable, up-to-date version of all of the parliamentary precedents of the House of Representatives which have current use and application in the House, together with informative text prepared by the Parliamentarian and other useful related material in summary form. The Parliamentarian shall have such matter printed for each Congress on pages of such size and in such type and format as he considers advisable to promote the usefulness of such matter to the Members of the House and shall provide a printed copy thereof to each Member in each Congress, including the Resident Commissioner from Puerto Rico, and may make such other distribution of such printed copies as he considers advisable. In carrying out this section, the Parliamentarian may appoint and fix the pay of personnel and utilize the services of personnel of the Library of Congress and the Government Printing Office. -SOURCE- (Pub. L. 91-510, title III, Sec. 332, Oct. 26, 1970, 84 Stat. 1186.) -MISC1- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of this title. -CROSS- CROSS REFERENCES Establishment of Office of Parliamentarian of House of Representatives, see section 287 et seq. of this title. ------DocID 37564 Document 33 of 944------ -CITE- 29 USC CHAPTER 1 -EXPCITE- TITLE 29 CHAPTER 1 -HEAD- CHAPTER 1 - LABOR STATISTICS -MISC1- SUBCHAPTER I - BUREAU OF LABOR STATISTICS Sec. 1. Design and duties of bureau generally. 2. Collection, collation, and reports of labor statistics. 2a. Omitted. 2b. Studies of productivity and labor costs in industries. 3. Commissioner; appointment and tenure of office; compensation. 4. Duties of Commissioner in general. 5. Bulletin as to labor conditions. 6. Annual and special reports to President and Congress. 7. Repealed. 8. Unemployment data relating to Americans of Spanish origin or descent. SUBCHAPTER II - SPECIAL STATISTICS 9. Authorization of special studies, compilations, and transcripts on request; cost. 9a. Credit of receipts. 9b. Rules and regulations. ------DocID 37565 Document 34 of 944------ -CITE- 29 USC SUBCHAPTER I -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- SUBCHAPTER I - BUREAU OF LABOR STATISTICS ------DocID 37566 Document 35 of 944------ -CITE- 29 USC Sec. 1 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 1. Design and duties of bureau generally -STATUTE- The general design and duties of the Bureau of Labor Statistics shall be to acquire and diffuse among the people of the United States useful information on subjects connected with labor, in the most general and comprehensive sense of that word, and especially upon its relation to capital, the hours of labor, the earnings of laboring men and women, and the means of promoting their material, social, intellectual, and moral prosperity. -SOURCE- (June 13, 1888, ch. 389, Sec. 1, 25 Stat. 182; Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826; Mar. 18, 1904, ch. 716, 33 Stat. 136; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737.) -COD- CODIFICATION Act June 27, 1884, created Bureau of Labor in Department of the Interior. Section 1 of act June 13, 1888, created Department of Labor and outlined its general design and duties, and section 9 of that act transferred Bureau of Labor to Department of Labor. Act Feb. 14, 1903, placed Department of Labor under jurisdiction and made it a part of Department of Commerce and Labor. Act Mar. 18, 1904, changed name of Department of Labor to Bureau of Labor in Department of Commerce and Labor. Act Mar. 4, 1913, created Department of Labor and transferred Bureau of Labor from Department of Commerce and Labor to newly created Department of Labor, redesignating such transferred Bureau as Bureau of Labor Statistics. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37567 Document 36 of 944------ -CITE- 29 USC Sec. 2 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2. Collection, collation, and reports of labor statistics -STATUTE- The Bureau of Labor Statistics, under the direction of the Secretary of Labor, shall collect, collate, and report at least once each year, or oftener if necessary, full and complete statistics of the conditions of labor and the products and distribution of the products of the same, and to this end said Secretary shall have power to employ any or either of the bureaus provided for his department and to rearrange such statistical work, and to distribute or consolidate the same as may be deemed desirable in the public interests; and said Secretary shall also have authority to call upon other departments of the Government for statistical data and results obtained by them; and said Secretary of Labor may collate, arrange, and publish such statistical information so obtained in such manner as to him may seem wise. The Bureau of Labor Statistics shall also collect, collate, report, and publish at least once each month full and complete statistics of the volume of and changes in employment, as indicated by the number of persons employed, the total wages paid, and the total hours of employment, in the service of the Federal Government, the States and political subdivisions thereof, and in the following industries and their principal branches: (1) Manufacturing; (2) mining, quarrying, and crude petroleum production; (3) building construction; (4) agriculture and lumbering; (5) transportation, communication, and other public utilities; (6) the retail and wholesale trades; and such other industries as the Secretary of Labor may deem it in the public interest to include. Such statistics shall be reported for all such industries and their principal branches throughout the United States and also by States and/or Federal reserve districts and by such smaller geographical subdivisions as the said Secretary may from time to time prescribe. The said Secretary is authorized to arrange with any Federal, State, or municipal bureau or other governmental agency for the collection of such statistics in such manner as he may deem satisfactory, and may assign special agents of the Department of Labor to any such bureau or agency to assist in such collection. -SOURCE- (Mar. 4, 1913, ch. 141, Sec. 4, 37 Stat. 737; July 7, 1930, ch. 873, 46 Stat. 1019.) -MISC1- AMENDMENTS 1930 - Act July 7, 1930, inserted second par. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- CENSUS DATA ON WOMEN-OWNED BUSINESSES; STUDY AND REPORT For provisions requiring Bureaus of Labor Statistics and the Census to include certain data on women-owned businesses in census reports, and requiring a study and report on the most cost effective and accurate means to gather and present such data, see section 501 of Pub. L. 100-533, set out as a note under section 131 of Title 13, Census. CONSUMER PRICE INDEX FOR OLDER AMERICANS Pub. L. 100-175, title I, Sec. 191, Nov. 29, 1987, 101 Stat. 967, provided that: 'The Secretary of Labor shall, through the Bureau of Labor Statistics, develop, from existing data sources, a reweighted index of consumer prices which reflects the expenditures for consumption by Americans 62 years of age and older. The Secretary shall furnish to the Congress the index within 180 days after the date of enactment of this Act (Nov. 29, 1987). The Secretary shall include with the index furnished a report which explains the characteristics of the reweighted index, the research necessary to develop and measure accurately the rate of inflation affecting such Americans, and provides estimates of time and cost required for additional activities necessary to carry out the objectives of this section.' PRISON STATISTICS REPORT Joint Res. June 17, 1940, ch. 389, 54 Stat. 401, authorized Bureau of Labor Statistics to furnish a report to Congress before May 1, 1941, on kind, amount, and value of all goods produced in State and Federal prisons. -CROSS- CROSS REFERENCES Transfer of duties as to ascertaining cost of production in foreign countries, etc., see Codification note set out under section 4 of this title. ------DocID 37568 Document 37 of 944------ -CITE- 29 USC Sec. 2a -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2a. Omitted -COD- CODIFICATION Section, act Feb. 24, 1927, ch. 189, title IV, 44 Stat. 1222, which related to collection of statistical reports through local special agents, was from an appropriations act for the Departments of State, Justice, the Judiciary, and Departments of Commerce and Labor for the fiscal year ending June 30, 1928, and was not repeated in subsequent appropriation acts. ------DocID 37569 Document 38 of 944------ -CITE- 29 USC Sec. 2b -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2b. Studies of productivity and labor costs in industries -STATUTE- The Bureau of Labor Statistics of the United States Department of Labor is authorized and directed to make continuing studies of productivity and labor costs in the manufacturing, mining, transportation, distribution, and other industries. -SOURCE- (June 7, 1940, ch. 267, 54 Stat. 249; Aug. 30, 1954, ch. 1076, Sec. 1(27), 68 Stat. 968.) -COD- CODIFICATION Provision of this section authorizing appropriations of up to $100,000 for studies by the bureau in the first fiscal year was omitted. -MISC3- AMENDMENTS 1954 - Act Aug. 30, 1954, repealed second par. which required Secretary of Labor to submit annually to Congress reports of findings under this section. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37570 Document 39 of 944------ -CITE- 29 USC Sec. 3 -EXPCITE- TITLE 29 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 3. Commissioner; appointment and tenure of office; compensation -STATUTE- The Bureau of Labor Statistics shall be under the charge of a Commissioner of Labor Statistics, who shall be appointed by the President, by and with the advice and consent of the Senate; he shall hold his office for four years, unless sooner removed, and shall receive a salary. -SOURCE- (June 27, 1884, ch. 127, 23 Stat. 60; June 13, 1888, ch. 389, Sec. 2, 25 Stat. 182; Mar. 18, 1904, ch. 716, 33 Stat. 136; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737.) -COD- CODIFICATION Act June 13, 1888, raised salary from $3,000 to $5,000 per annum. Act Mar. 18, 1904, changed n