I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 02:36:44. Database: USCODE Search: (33:CITE) ------DocID 39680 Document 1 of 1330------ -CITE- 33 USC TITLE 33 -EXPCITE- TITLE 33 -HEAD- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS -MISC1- Chap. Sec. 1. Navigable Waters Generally 1 2. International Rules for Navigation at Sea (Repealed) 61 3. Navigation Rules for Harbors, Rivers, and Inland Waters Generally 151 4. Navigation Rules for Great Lakes and Their Connecting and Tributary Waters (Repealed) 241 5. Navigation Rules for Red River of the North and Rivers Emptying Into Gulf of Mexico and Tributaries (Repealed) 301 5A. Exemption of Navy or Coast Guard Vessels From Certain Navigation Rules (Repealed) 360 6. General Duties of Ship Officers and Owners After Collision or Other Accident (Repealed) 361 7. Regulations for the Suppression of Piracy 381 8. Summary Trials for Certain Offenses Against Navigation Laws 391 9. Protection of Navigable Waters and of Harbor and River Improvements Generally 401 10. Anchorage Grounds and Harbor Regulations Generally 471 11. Bridges Over Navigable Waters 491 12. River and Harbor Improvements Generally 540 13. Mississippi River Commission 641 14. California Debris Commission 661 15. Flood Control 701 16. Lighthouses 711 17. National Ocean Survey 851 18. Longshore and Harbor Workers' Compensation 901 19. Saint Lawrence Seaway 981 20. Pollution of the Sea by Oil (Repealed) 1001 21. International Regulations for Preventing Collisions at Sea (Repealed) 1051 22. Sea Grant Colleges and Marine Science Development 1101 23. Pollution Control of Navigable Waters (Omitted or Transferred) 1151 24. Vessel Bridge-To-Bridge Communication 1201 25. Ports and Waterways Safety Program 1221 26. Water Pollution Prevention and Control 1251 27. Ocean Dumping 1401 28. Pollution Casualties on the High Seas: United States Intervention 1471 29. Deepwater Ports 1501 30. International Regulations for Preventing Collisions at Sea 1601 31. Ocean Pollution Research and Development and Monitoring Planning 1701 32. Inland Waterways Trust Fund 1801 33. Prevention of Pollution From Ships 1901 34. Inland Navigational Rules 2001 35. Artificial Reefs 2101 36. Water Resources Development 2201 37. Organotin Antifouling Paint Control 2401 38. Dumping of Medical Waste by Public Vessels 2501 39. Shore Protection from Municipal or Commercial Waste 2601 40. Oil Pollution 2701 -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 42 section 9607. ------DocID 39713 Document 2 of 1330------ -CITE- 33 USC Sec. 33 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 33. Little River, Arkansas, from Big Lake to Marked Tree -STATUTE- Little River, from Big Lake in Mississippi County to Marked Tree in Poinsett County, Arkansas, is declared to be not a navigable waterway of the United States within the meaning of the laws enacted by Congress for the protection of such waterways. -SOURCE- (Mar. 2, 1919, ch. 95, Sec. 4, 40 Stat. 1287.) -COD- CODIFICATION Section is from section 4 of act Mar. 2, 1919, popularly known as the 'Rivers and Harbors Appropriation Act of 1919'. ------DocID 40731 Document 3 of 1330------ -CITE- 33 USC CHAPTER 33 -EXPCITE- TITLE 33 CHAPTER 33 -HEAD- CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS -MISC1- Sec. 1901. Definitions. 1902. Ships subject to preventive measures. (a) Included vessels. (b) Excluded vessels. (c) Regulations. (d) Noncommercial shipping standards. 1903. Administration and enforcement. (a) Duty of Secretary; Annexes of Convention applicable to seagoing vessels. (b) Regulations; refuse record books; waste management plans; notification of crew and passengers. (c) Utilization of personnel, facilities, or equipment of other Federal departments and agencies. 1904. Certificates. (a) Issuance by authorized designees; restriction on issuance. (b) Validity of foreign certificates. (c) Location onboard vessel; inspection of vessels subject to jurisdiction of the United States. (d) Onboard inspections; other Federal inspection authority unaffected. (e) Detention orders; duration of detention; shipyard option. (f) Ship clearance or permits; refusal or revocation. (g) Review of detention orders; petition; determination by Secretary. (h) Compensation for loss or damage. 1905. Pollution reception facilities. (a) Adequacy; criteria. (b) Traffic considerations. (c) Certificate; issuance; validity; inspection; review of suspension or revocation by Secretary. (d) Publication in Federal Register; list of certificated ports or terminals. (e) Entry; denial. (f) Surveys. 1906. Incidents involving ships. (a) Reports to Secretary. (b) Action by Secretary. 1907. Violations. (a) General prohibition; cooperation and enforcement; detection and monitoring measures; reports; evidence. (b) Investigations; subpenas: issuance by Secretary, enforcement; action by Secretary; information to party. (c) Ship inspections; reports to Secretary; additional action. (d) Garbage disposal inspections; covered ships; enforcement actions. (e) Harmful substance or garbage disposal inspections; covered ships; enforcement actions. (f) Supplemental remedies and requirements; other provisions and available remedies unaffected. 1908. Penalties for violations. (a) Criminal penalties; payment for information leading to conviction. (b) Civil penalties; separate violations; assessment notice; considerations affecting amount; payment for information leading to assessment of penalty. (c) Abatement of civil penalties; collection by Attorney General. (d) Liability in rem; district court jurisdiction. (e) Ship clearance or permits; refusal or revocation; bond or other surety. (f) Referrals for appropriate action by foreign country. 1909. MARPOL Protocol; proposed amendments. (a) Acceptance of certain amendments by the President. (b) Action on certain amendments by the Secretary of State. (c) Declaration of nonacceptance by the Secretary of State. 1910. Legal actions. (a) Persons with adversely affected interests as plaintiffs; defendants. (b) Commencement conditions. (c) Venue. (d) Costs; attorney fees; witness fees. (e) Federal intervention. 1911. Authority of Secretary under port and tanker safety program unaffected. 1912. International law. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 18 section 1956. ------DocID 11972 Document 4 of 1330------ -CITE- 10 USC CHAPTER 33 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 33 -HEAD- CHAPTER 33 - APPOINTMENTS IN REGULAR COMPONENTS -MISC1- Subchapter Sec. I. Original Appointments of Regular Officers in Grades above Warrant Officer Grades 531 II. Appointments of Regular Warrant Officers 555 AMENDMENTS 1980 - Pub. L. 96-513, title I, Sec. 104(a), Dec. 12, 1980, 94 Stat. 2845, inserted an analysis of subchapters immediately following chapter heading, added subchapter I heading, and, in analysis of sections following subchapter I heading, added items 531, 532, and 533 preceding item 541, re-enacted item 541 without change, and struck out, following item 541, items 555 to 565. The items 555 to 565 formerly set out in the analysis of sections immediately following chapter heading were transferred to a position following a new heading for subchapter II preceding section 555. -CROSS- CROSS REFERENCES Particular provisions relating to appointments - Regular Air Force, see section 8281 et seq. of this title. Regular Army, see section 3281 et seq. of this title. Regular Coast Guard, see sections 212, 214 of Title 14, Coast Guard. Regular Navy and Regular Marine Corps, see section 5582 et seq. of this title. ------DocID 14623 Document 5 of 1330------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 33 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PRACTICE BEFORE THE COURT -HEAD- Rule 33. Suspension of Rules -STATUTE- For good cause shown, the Court may suspend any of these rules in a particular case, on application of a party or on its own motion, and may order proceedings in accordance with its direction. ------DocID 15165 Document 6 of 1330------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 33 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 33. - Final Decree -STATUTE- (CAPTION AS IN FORM NO. 1) FINAL DECREE The estate of the above-named debtor having been fully administered (if appropriate and the deposit required by the plan having been distributed) It is ordered that: 1. (If applicable) XXXXXXXXXX is hereby discharged as trustee of the estate of the above-named debtor and the bond is cancelled. 2. (Add provisions by way of injunction or otherwise as may be equitable.) 3. The chapter 7 (or 9 or 11 or 13) case of the above-named debtor is closed. Dated:XXXXXX BY THE COURT XXXXXXXXXXXXXX, Bankruptcy Judge. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is to be used in conjunction with Rule 3022. The final decree may discharge the trustee if one was appointed and if the trustee had not been discharged at an earlier time. Section 350 of the Code requires the court to close the case after an estate has been fully administered and the trustee discharged. That section is applicable to chapter 7, 9, 11 and 13 cases and this form may be adapted to the circumstances of the particular case. ------DocID 15202 Document 7 of 1330------ -CITE- 12 USC Sec. 33 to 34c -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 33 to 34c. Transferred -COD- CODIFICATION Act Nov. 7, 1918, ch. 209, 40 Stat. 1043, as amended, formerly classified to sections 33 to 34c of this title, which related to consolidation and merger of national banking associations and such associations and State banks, was completely amended by Pub. L. 86-230, Sec. 20, Sept. 8 1959 73 Stat. 460, and is classified to sections 215 to 215b of this title. Section 33, acts Nov. 7, 1918, ch. 209, Sec. 1, 40 Stat. 1043; June 16, 1933, ch. 89, Sec. 24(a), 48 Stat. 190; Aug. 23, 1935, ch. 614, Sec. 330, 49 Stat. 718, related to consolidation of national banks, capital stock, dissenting shareholders, notice and valuation of shares. See section 215 of this title. Section 34, act Nov. 7, 1918, ch. 209, Sec. 2, 40 Stat. 1044, related to effect of consolidation on rights and liabilities. See section 215 of this title. Section 34a, act Nov. 7, 1918, ch. 209, Sec. 3, as added Feb. 25, 1927, ch. 191, Sec. 1, 44 Stat. 1225, and amended June 16, 1933, ch. 89 Sec. 24, 48 Stat. 190; Aug. 23, 1935, ch. 614, Sec. 331, 49 Stat. 719; July 14, 1952, ch. 722, Sec. 2, 66 Stat. 601, related to consolidation of State bank, etc. with national bank, capital stock and dissenting shareholders. See section 215 of this title. Section 34b, act Nov. 7, 1918, ch. 209, Sec. 4, as added July 14, 1952, ch. 722, Sec. 1, 66 Stat. 599, related to merger of national banking associations or State banks into national banking associations. See section 215a of this title. Section 34c, act Nov. 7, 1918, ch. 209, Sec. 5, as added July 14, 1952, ch. 722, Sec. 1, 66, Stat. 601, related to definitions. See section 215b of this title. ------DocID 16769 Document 8 of 1330------ -CITE- 12 USC CHAPTER 33 -EXPCITE- TITLE 12 CHAPTER 33 -HEAD- CHAPTER 33 - DEPOSITORY INSTITUTION MANAGEMENT INTERLOCKS -MISC1- Sec. 3201. Definitions. 3202. Dual service of management official as management official of unaffiliated institution or holding company in same area, town, or village prohibited. 3203. Dual service of management official of $1,000,000,000 institution or holding company as management official of unaffiliated $500,000,000 institution or holding company prohibited. 3204. Exceptions. 3205. Management official in position prior to November 10, 1978. 3206. Administration and enforcement. 3207. Rules and regulations. 3208. Powers available to Attorney General for enforcement. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1786, 1818, 1823 of this title. ------DocID 17475 Document 9 of 1330------ -CITE- 15 USC Sec. 32, 33 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 32, 33. Repealed. Pub. L. 91-452, title II, Sec. 209, 210, Oct. 15, 1970, 84 Stat. 929 -MISC1- Section 32, act Feb. 25, 1903, ch. 755, Sec. 1, 32 Stat. 904, granted immunity from prosecution to witnesses testifying or producing evidence, documentary or otherwise, in any proceeding, suit, or prosecution under section 1 to 11 of this title. See section 6001 et seq. of Title 18, Crimes and Criminal Procedure. Section 33, act June 30, 1906, ch. 3920, 34 Stat. 798, provided that, under the immunity provisions of former section 32 of this title, immunity was to extend only to a natural person who, in obedience to a subpoena, testified or produced evidence. EFFECTIVE DATE OF REPEAL Repeal effective on sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. SAVINGS PROVISION Repeal of sections by Pub. L. 91-452 not to affect any immunity to which any individual was entitled under sections by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. ------DocID 17775 Document 10 of 1330------ -CITE- 15 USC Sec. 80a-33 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-33. Destruction and falsification of reports and records -STATUTE- (a) Willful destruction It shall be unlawful for any person, except as permitted by rule, regulation, or order of the Commission, willfully to destroy, mutilate, or alter any account, book, or other document the preservation of which has been required pursuant to section 80a-30(a) or 80a-31(c) of this title. (b) Untrue statements or omissions It shall be unlawful for any person to make any untrue statement of a material fact in any registration statement, application, report, account, record, or other document filed or transmitted pursuant to this subchapter or the keeping of which is required pursuant to section 80a-30 (a) of this title. It shall be unlawful for any person so filing, transmitting, or keeping any such document to omit to state therein any fact necessary in order to prevent the statements made therein, in the light of the circumstances under which they were made, from being materially misleading. For the purposes of this subsection, any part of any such document which is signed or certified by an accountant or auditor in his capacity as such shall be deemed to be made, filed, transmitted, or kept by such accountant or auditor, as well as by the person filing, transmitting, or keeping the complete document. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 34, 54 Stat. 840.) -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 Correction of defective report, see section 80a-8 of this title. Venue of criminal proceedings, see section 80a-43 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-8, 80a-43, 80a-58 of this title. ------DocID 18495 Document 11 of 1330------ -CITE- 15 USC CHAPTER 33 -EXPCITE- TITLE 15 CHAPTER 33 -HEAD- CHAPTER 33 - BRAKE FLUID REGULATION ------DocID 19658 Document 12 of 1330------ -CITE- 16 USC Sec. 33 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 33. Mortgages by lessees within the park -STATUTE- Any person, corporation, or company holding a lease within Yellowstone Park for the purposes described in section 32 of this title is authorized, with the approval of the Secretary of the Interior, to execute mortgages upon his or its rights, properties, and franchises, including his or its contract or contracts with the Secretary of the Interior, and such mortgages, together with the approval of the Secretary of the Interior may be filed for record in the office of the Secretary of the Interior, and when so recorded shall have all the effect of a public record. Any mortgage, lien, or encumbrance created under the provisions of this section shall be subject to the rights of the Government to compel the enforcement of the terms of the lease or contract of the mortgagor, and any purchaser under a foreclosure of such encumbrance shall take subject to all the conditions assumed by the original lessee or contractor. -SOURCE- (June 4, 1906, ch. 2570, 34 Stat. 207.) -CROSS- CROSS REFERENCES Leases of land in national parks generally, see section 3 of this title. ------DocID 20436 Document 13 of 1330------ -CITE- 16 USC Sec. 410cc-33 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part C -HEAD- Sec. 410cc-33. Financial and technical assistance -STATUTE- (a) Loans to Lowell Development and Financial Corporation for loans for preservation, etc., of property; terms of loan agreement with corporation; determination of compliance by corporation with requirements for loans; repayment by corporation The Commission may make loans to the Lowell Development and Financial Corporation (established under chapter 844 of the Massachusetts General Laws and hereinafter referred to as the 'corporation') to enable the corporation to provide low interest loans for the preservation, restoration, or development of any property described in section 410cc-32(d)(1) of this title. The Commission may make any such loan to the corporation only after entering into a loan agreement with the corporation which includes the following terms: (1) The loan to the corporation shall have a maturity of thirty-five years. At the end of such period, the corporation shall repay to the Secretary of the Treasury (in a lump sum) for deposit in the general fund of the Treasury the full amount of the loan and any additional amounts accruing to the corporation pursuant to this subsection excepting those amounts expended by the corporation for reasonable administrative expenses. (2) The money received from the Commission, and any interest earned on such money, may be obligated by the corporation only for low interest loans made under paragraphs (6) and (7) of this subsection, except that the corporation may use such money to the extent the Commission considers reasonable to satisfy the costs of the corporation in administering the loan or procuring loan guarantees or insurance. (3) Within five years after receiving the loan from the Commission, the corporation shall make loans under paragraphs (6) and (7) of this subsection which, in the aggregate, obligate the full amount of money received from the Commission (minus any amount required to satisfy the costs described in paragraph (2) of this subsection). (4) As loans made under paragraphs (6) and (7) of this subsection are repaid, the corporation shall make additional loans under such paragraphs with the money made available for obligation by such repayments. (5) The corporation shall make available to the Commission and to the Secretary, upon request, all accounts, financial records, and other information related to loans made under paragraphs (6) and (7) of this subsection. (6) Before the corporation approves any application for a low interest loan for which money has been made available to the corporation by the Commission, the corporation shall require the prospective borrower to furnish the corporation with a statement from the Commission stating that the Commission has reviewed the application and has determined that any loan received by the prospective borrower will be spent in a manner consistent with - (A) the standards and criteria established pursuant to section 410cc-32(e) of this title, and (B) the goals of the park preservation plan approved under section 410cc-32(a) of this title. (7) The corporation may approve any application for a low interest loan which meets the terms and conditions prescribed by the corporation with the approval of the Commission and for which money has been made available to the corporation by the Commission if - (A) the prospective borrower furnishes the corporation with the statement described in paragraph (6) of this subsection; (B) the corporation determines that such borrower has sufficient financial resources to repay the loan; and (C) such borrower satisfies any other applicable credit criteria established by the corporation. In order to determine whether the corporation has complied with this subsection, the Commission, or such other appropriate person or entity as the Commission may designate, shall conduct an audit at least once every two years of all accounts, financial records, and other information related to loans made under paragraphs (6) and (7) of this subsection. If the Commission determines, after conducting a hearing on the record, that the corporation has substantially failed to comply with this subsection, the outstanding balance of any loan made to the corporation under this subsection shall become payable in full upon the demand of the Commission. (b) Grants to property owners for preservation, etc., of property; grants to persons or public or private entities for educational and cultural programs or for necessary services; terms of grant agreements; recovery of amounts for inconsistent uses (1) The Commission may make grants to owners of property described in section 410cc-32(d)(1) of this title for the preservation, restoration, management, development, or maintenance of such property in a manner consistent with the standards and criteria established pursuant to section 410cc-32(e) of this title. (2) The Commission, with the approval of the Secretary, may make grants to any person or any public or private entity to provide for (i) educational and cultural programs which encourage appreciation of the resources of the park and preservation district, or (ii) any planning, transportation, maintenance, or other services the Commission considers necessary to carry out the purposes of this subchapter. (3) Grants under this subsection shall be made under agreements which specify the amount of the grant, the installments (if any) by which the grant shall be paid to the grant recipient, the purpose for which the grant may be used, and any other condition the Commission considers appropriate. The Commission shall be entitled, under the terms of any grant agreement, to recover from the recipient any funds used in a manner inconsistent with such grant agreement. (c) Technical assistance to property owners, etc. The Commission with the advice of the Secretary may provide technical assistance to - (1) owners of property within the park or preservation district to assist such owners in (A) making repairs to or improvements in any property included in the index established pursuant to section 410cc-32(d) of this title, or (B) applying for loans under subsection (a) of this section; and (2) any other person or public or private entity to assist such person or entity in taking actions consistent with the purpose of this subchapter. (d) Availability to Secretary of all accounts, financial records, and other information relating to loans and grants The Commission shall make available to the Secretary, upon request, all accounts, financial records, and other information of the Commission relating to grants and loans made under this section. (e) Annual report to Congress; contents The Secretary shall make an annual report to the Congress describing the loans, grants, and technical assistance provided under this section and under section 410cc-23 of this title. Such report shall specify the amount, recipient, and purpose of any loan, grant or technical assistance so provided and contain such additional information as the Secretary considers appropriate. -SOURCE- (Pub. L. 95-290, title III, Sec. 303, June 5, 1978, 92 Stat. 300.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 410cc-13, 410cc-32 of this title. ------DocID 22992 Document 14 of 1330------ -CITE- 16 USC CHAPTER 33 -EXPCITE- TITLE 16 CHAPTER 33 -HEAD- CHAPTER 33 - COASTAL ZONE MANAGEMENT -MISC1- Sec. 1451. Congressional findings. 1452. Congressional declaration of policy. 1453. Definitions. 1454. Management program development grants. 1455. Administrative grants. (a) Authorization; matching funds. (b) Grants to coastal states; requirements. (c) Allocation of grants to coastal States. (d) Mandatory adoption of State management program for coastal zone. (e) Amendment or modification of State management program for coastal zone. 1455a. Coastal resource improvement program. (a) Definitions. (b) Resource management improvement grants. (c) Uses, terms and conditions of grants. (d) State matching contributions; ratio; maximum amount of grants. (e) Allocation of grants to local governments and other agencies. (f) Other technical and financial assistance. 1455b. Protecting coastal waters. (a) In general. (b) Program contents. (c) Program submission, approval, and implementation. (d) Technical assistance. (e) Inland coastal zone boundaries. (f) Financial assistance. (g) Guidance for coastal nonpoint source pollution control. (h) Authorization of appropriations. (i) Definitions. 1456. Coordination and cooperation. (a) Federal agencies. (b) Adequate consideration of views of Federal agencies. (c) Consistency of Federal activities with State management programs; Presidential exemption; certification. (d) Application of local governments for Federal assistance; relationship of activities with approved management programs. (e) Construction with other laws. (f) Construction with existing requirements of water and air pollution programs. (g) Concurrence with programs which affect inland areas. (h) Mediation of disagreements. (i) Application fee for appeals. 1456a. Coastal Zone Management Fund. 1456b. Coastal zone enhancement grants. (a) 'Coastal zone enhancement objective' defined. (b) Limits on grants. (c) Evaluation of State proposals by Secretary. (d) Promulgation of regulations by Secretary. (e) No State contribution required. (f) Funding. (g) Eligibility; suspension of State for noncompliance. 1456c. Technical assistance. 1457. Public hearings. 1458. Review of performance. (a) Evaluation of adherence with terms of grant. (b) Public participation; notice of meetings; reports. (c) Suspension of financial assistance for noncompliance; notification of Governor; length of suspension. (d) Withdrawal of approval of program. (e) Notice and hearing. 1459. Records and audit. (a) Maintenance of records by recipients of grants or financial assistance. (b) Access by Secretary and Comptroller General to records, books, etc., of recipients of grants or financial assistance for audit and examination. 1460. Walter B. Jones excellence in coastal zone management awards. (a) Establishment. (b) Annual selection of recipients. (c) Solicitation of nominations for local government recipients. (d) Solicitation of nominations for graduate student recipients. (e) Funding; types of awards. 1461. National Estuarine Research Reserve System. (a) Establishment of System. (b) Designation of national estuarine reserves. (c) Estuarine research guidelines. (d) Promotion and coordination of estuarine research. (e) Financial assistance. (f) Evaluation of System performance. (g) Report. 1462. Coastal zone management reports. (a) Biennial reports. (b) Recommendations for legislation. (c) Review of other Federal programs; report to Congress. 1463. Rules and regulations. 1463a. Omitted. 1463b. National Coastal Resources Research and Development Institute. (a) Establishment by Secretary; administration. (b) Purposes of Institute. (c) Determination of Institute policies. (d) Establishment of Advisory Council; functions and composition. (e) Administration of Institute. (f) Evaluation of Institute by Secretary. (g) Report to Secretary. (h) Access to Institute books, records, and documents. (i) Status of Institute employees. (j) Authorization of appropriations. 1464. Authorization of appropriations. (a) Sums appropriated to Secretary. (b) Sums appropriated to Fund. (c) Limitations. (d) Reversion to Secretary of unobligated State funds; availability of funds. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 544l, 1455b, 3505, 3509 of this title; title 33 sections 1503, 1508; title 42 sections 9111, 9115; title 43 sections 1351, 1866; title 46 section 13101. ------DocID 23809 Document 15 of 1330------ -CITE- 18 USC Sec. 33 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 33. Destruction of motor vehicles or motor vehicle facilities -STATUTE- Whoever willfully, with intent to endanger the safety of any person on board or anyone who he believes will board the same, or with a reckless disregard for the safety of human life, damages, disables, destroys, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to, any motor vehicle which is used, operated, or employed in interstate or foreign commerce, or its cargo or material used or intended to be used in connection with its operation; or Whoever willfully, with like intent, damages, disables, destroys, sets fire to, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, motor vehicles engaged in interstate or foreign commerce or otherwise makes or causes such property to be made unworkable, unusable, or hazardous to work or use; or Whoever, with like intent, willfully disables or incapacitates any driver or person employed in connection with the operation or maintenance of the motor vehicle, or in any way lessens the ability of such person to perform his duties as such; or Whoever willfully attempts to do any of the aforesaid acts - shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540.) -CROSS- CROSS REFERENCES Destruction of property moving in commerce, see sections 1281 and 1282 of Title 15, Commerce and Trade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2516 of this title. ------DocID 24031 Document 16 of 1330------ -CITE- 18 USC CHAPTER 33 -EXPCITE- TITLE 18 PART I CHAPTER 33 -HEAD- CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES -MISC1- Sec. 700. Desecration of the flag of the United States; penalties. 701. Official badges, identification cards, other insignia. 702. Uniform of armed forces and Public Health Service. 703. Uniform of friendly nation. 704. Military medals or decorations. 705. Badge or medal of veterans' organizations. 706. Red Cross. 707. 4-H Club emblem fraudulently used. 708. Swiss Confederation coat of arms. 709. False advertising or misuse of names to indicate Federal agency. 710. Cremation urns for military use. 711. 'Smokey Bear' character or name. 711a. 'Woodsy Owl' character, name, or slogan. 712. Misuse of names, words, emblems, or insignia. 713. Use of likenesses of the great seal of the United States, and of the seals of the President and Vice President. (714. Repealed.) 715. 'The Golden Eagle Insignia'. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3518, Nov. 29, 1990, 104 Stat. 4923, inserted a comma after 'INSIGNIA' in chapter heading. 1982 - Pub. L. 97-258, Sec. 2(d)(1)(A), Sept. 13, 1982, 96 Stat. 1058, struck out item 714 relating to 'Johnny Horizon' character or name. 1974 - Pub. L. 93-318, Sec. 8, June 22, 1974, 88 Stat. 245, added item 711a. 1973 - Pub. L. 93-147, Sec. 1(b), Nov. 3, 1973, 87 Stat. 555, substituted 'Misuse of names, words, emblems, or insignia' for 'Misuse of names by collecting agencies to indicate Federal agency' in item 712. 1972 - Pub. L. 92-347, Sec. 3(c), July 11, 1972, 86 Stat. 462, added item 715. 1971 - Pub. L. 91-651, Sec. 2, Jan. 5, 1971, 84 Stat. 1941, inserted ', and of the seals of the President and Vice President' after 'United States' in item 713. 1970 - Pub. L. 91-419, Sec. 4, Sept. 25, 1970, 84 Stat. 871, added item 714. 1968 - Pub. L. 90-381, Sec. 2, July 5, 1968, 82 Stat. 291, added item 700. 1966 - Pub. L. 89-807, Sec. 1(b), Nov. 11, 1966, 80 Stat. 1525, added item 713. 1959 - Pub. L. 86-291, Sec. 3, Sept. 21, 1959, 73 Stat. 570, added item 712. 1952 - Act May 23, 1952, ch. 327, Sec. 2, 66 Stat. 92, added item 711. 1950 - Act Sept. 28, 1950, ch. 1092, Sec. 1(a), 64 Stat. 1077, added item 710. 1949 - Act May 24, 1949, ch. 139, Sec. 14, 63 Stat. 91, inserted 'Uniform of armed forces and Public Health Service' in lieu of enumerating the specific branches in item 702. ------DocID 25121 Document 17 of 1330------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 33 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VII -HEAD- Rule 33. New Trial -STATUTE- The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment. A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case. A motion for a new trial based on any other grounds shall be made within 7 days after verdict or finding of guilty or within such further time as the court may fix during the 7-day period. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule enlarges the time limit for motions for new trial on the ground of newly discovered evidence, from 60 days to two years; and for motions for new trial on other grounds from three to five days. Otherwise, it substantially continues existing practice. See Rule II of the Criminal Appeals Rules of 1933, 292 U.S. 661. Cf. Rule 59(a) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The amendments to the first two sentences make it clear that a judge has no power to order a new trial on his own motion, that he can act only in response to a motion timely made by a defendant. Problems of double jeopardy arise when the court acts on its own motion. See United States v. Smith, 331 U.S. 469 (1947). These amendments do not, of course, change the power which the court has in certain circumstances, prior to verdict or finding of guilty, to declare a mistrial and order a new trial on its own motion. See e.g., Gori v. United States, 367 U.S. 364 (1961); Downum v. United States, 372 U.S. 734 (1963); United States v. Tateo, 377 U.S. 463 (1964). The amendment to the last sentence changes the time in which the motion may be made to 7 days. See the Advisory Committee's Note to Rule 29. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Acquittal, alternative on renewal of motion for, see rule 29. Enlargement of time for action not permitted, see rule 45. Judges, disability after verdict or finding of guilt, see rule 25. Remedies on motion attacking sentence of prisoner in Federal custody, see section 2255 of Title 28, Judiciary and Judicial Procedure. Several defendants, inability of jury to agree as to verdict, see rule 31. ------DocID 25172 Document 18 of 1330------ -CITE- 19 USC Sec. 33 to 35 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 33 to 35. Repealed. Aug. 8, 1953, ch. 397, Sec. 2(a), 67 Stat. 507 -MISC1- Sections, R.S. Sec. 2621 to 2623, prescribed various duties of the collectors of customs at each of the ports (1) where collectors, comptrollers and surveyors were appointed: (2) where only collectors and surveyors were appointed; and (3) where only collectors were appointed. The provisions of such sections, in so far as they related to accounting duties, are covered generally in chapters 33 and 35 of Title 31, Money and Finance. EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Repeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953. ------DocID 26714 Document 19 of 1330------ -CITE- 20 USC Sec. 1070d-33 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-33. Scholarships authorized -STATUTE- (a) Program authority The Secretary is authorized, in accordance with the provisions of this subpart, to make grants to States to enable the States to award scholarships to individuals who have demonstrated outstanding academic achievement and who show promise of continued academic achievement. (b) Period of award Scholarships under this section shall be awarded for a period of one academic year for the first year of study at an institution of higher education. (c) Use at any institution permitted A student awarded a scholarship under this subpart may attend any institution of higher education. (d) Byrd Scholars Individuals awarded scholarships under this subpart shall be known as 'Byrd Scholars'. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419C, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344.) -MISC1- PRIOR PROVISIONS A prior section 1070d-33, Pub. L. 89-329, title IV, Sec. 419C, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2900, and amended Pub. L. 99-145, title XVI, Sec. 1627(b), Nov. 8, 1985, 99 Stat. 779, authorized the award of scholarships under Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99-498. ------DocID 27143 Document 20 of 1330------ -CITE- 20 USC CHAPTER 33 -EXPCITE- TITLE 20 CHAPTER 33 -HEAD- CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 1400. Congressional statements and declarations. (a) Short title. (b) Findings. (c) Purpose. 1401. Definitions. 1402. Office of Special Education Programs. (a) Establishment; purposes. (b) Deputy Assistant Secretary: selection and supervision, compensation; Associate Deputy Assistant Secretary and minimum number of assistants: establishment, compensation. 1403. Abrogation of State sovereign immunity. (a) State immunity abrogated. (b) Availability of remedies. (c) Effective date. 1404. Acquisition of equipment and construction of necessary facilities. (a) Authorization for use of funds. (b) Recovery of payments under certain conditions. 1405. Employment of individuals with disabilities. 1406. Grants for removal of architectural barriers; authorization of appropriations. 1407. Regulation requirements. (a) Minimum period for comment before effective date. (b) Lessening of procedural or substantive protections as in effect on July 20, 1983, prohibited. 1408. Eligibility for financial assistance. 1409. Administrative provisions applicable to subchapters III through VII and section 1418. (a) Plan for implementation of authorized programs. (b) Needs of minority children and youth. (c) Transitions facing children with disabilities during years in school. (d) Program evaluations. (e) Report on program plans and evaluations. (f) Acquisition and dissemination of information. (g) Dissemination of reports to appropriate networks. (h) Evaluation panels. (i) Site visits. (j) Discretionary program findings. SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL HANDICAPPED CHILDREN 1411. Entitlements and allocations. (a) Formula for determining maximum State entitlement. (b) Distribution and use of grant funds by States for fiscal year ending September 30, 1978. (c) Distribution and use of grant funds by States for fiscal years ending September 30, 1979, and thereafter. (d) Allocation of funds within States to local educational agencies and intermediate educational units. (e) Territories and possessions. (f) Indian reservations. (g) Reductions or increases. (h) Authorization of appropriations. 1412. Eligibility requirements. 1413. State plans. (a) Requisite features. (b) Additional assurances. (c) Notice and hearing prior to disapproval of plan. (d) Participation of children with disabilities in private schools; payment of Federal amount; determinations of Secretary: notice and hearing; judicial review: jurisdiction of court of appeals, petition, record, conclusiveness of findings, remand, review by Supreme Court. (e) Prohibition on reduction of assistance. 1414. Application. (a) Requisite features. (b) Approval by State educational agencies of applications submitted by local educational agencies or intermediate educational units; notice and hearing. (c) Consolidated applications. (d) Special education and related services provided directly by State educational agencies; regional or State centers. (e) Reallocation of funds. (f) Programs using State or local funds. 1415. Procedural safeguards. (a) Establishment and maintenance. (b) Required procedures; hearing. (c) Review of local decision by State educational agency. (d) Enumeration of rights accorded parties to hearings. (e) Civil action; jurisdiction. (f) Effect on other laws. 1416. Withholding of payments. (a) Failure to comply with this subchapter; limitations; public notice. (b) Judicial review. 1417. Administration. (a) Duties of Secretary. (b) Rules and regulations. (c) Protection of rights and privacy of parents and students. (d) Hiring of qualified personnel. 1418. Evaluation and program information. (a) Duties of Secretary. (b) Collection of data. (c) Studies and investigations under grants, contracts, or cooperative agreements. (d) Cooperative agreements with State agencies. (e) Studies to assess progress of program. (f) Integration of information. (g) Annual report. (h) Authorization of appropriations. 1419. Pre-school grants. (a) Grants for fiscal years 1987 through 1989; amount of grants. (b) Grants for fiscal year 1990 and thereafter; amount of grants. (c) Distribution by State of funds. (d) Insufficiency of appropriated amounts; reduction of maximum amounts receivable by States. (e) Authorization of appropriations. (f) Availability of appropriated funds. 1420. Payments. (a) Payments to States; distribution by States to local educational agencies and intermediate educational units. (b) Advances, reimbursements, and installments. SUBCHAPTER III - CENTERS AND SERVICES TO MEET SPECIAL NEEDS OF INDIVIDUALS WITH DISABILITIES 1421. Regional resource and Federal centers. (a) Establishment; functions. (b) Considerations governing approval of application. (c) Annual report; summaries. (d) Coordinating technical assistance center. (e) Amounts available for centers. (f) Development of operation guidelines and criteria. 1422. Services for deaf-blind children and youth. (a) Grant and contract authority; types and scope of programs; governing considerations. (b) Contract authority for regional programs of technical assistance. (c) Annual report to Secretary; examination of numbers and services and revision of numbers; annual report to Congress: summary of data. (d) National clearinghouse for children and youth with deaf-blindness. (e) Country-wide availability of assistance. (f) Grants to, or contracts and cooperative agreements with, appropriate organizations and agencies. 1423. Early education for children with disabilities. (a) Contracts, grants, and cooperative agreements; purpose; coordination with community programs; national dispersion in urban and rural areas; Federal share; non-Federal contributions; arrangments with Indian tribes. (b) Technical assistance development system. (c) Early childhood research institutes. (d) Grants or contracts with organizations to identify needs of children with disabilities and for training of personnel. (e) Notice in Federal Register of intent to accept applications for grants, contracts, etc. (f) 'Children with disabilities' defined. (g) Organization, integration, and presentation of developed knowledge. 1424. Programs for children with severe disabilities. (a) Grant and contract authority. (b) Extended school year demonstration programs. (c) Coordination of activities with similar activities under other provisions. (d) National geographic dispersion of programs in urban and rural areas. (e) Priority programs. 1424a. Postsecondary education. 1425. Secondary education and transitional services for children and youth with disabilities. (a) Grant and contract authority; statement of purposes; national geographic dispersion in urban and rural areas. (b) Description of specific projects. (c) Coordination of noneducational agency applicant with State educational agency. (d) Applications for assistance; contents. (e) Five-year grants to develop systems to provide transition services. (f) Development or demonstration of new or improved methods, approaches, or techniques; demonstration models of assistive technology devices and services; evaluation of transition services. (g) Coordination of educational programs with vocational rehabilitation projects and vocational education projects. 1426. Programs for children and youth with serious emotional disturbance. (a) Grants, contracts, and cooperative agreements to establish projects. (b) Grants to provide services. (c) Requirements of projects assisted. 1427. Authorization of appropriations. SUBCHAPTER IV - TRAINING PERSONNEL FOR THE EDUCATION OF INDIVIDUALS WITH DISABILITIES 1431. Grants for personnel training. (a) Careers in special education; personnel training standards; costs of courses, fellowships, and traineeships; contract authority for areas of personnel shortages. (b) Special projects for preservice training, regular educators, and inservice training of special education personnel. (c) Parent training and information programs. 1432. Grants to State educational agencies and institutions for traineeships. (a) Size and scope of grant. (b) Grants on competitive basis. (c) Purpose of grants. (d) Technical assistance to States. 1433. Clearinghouses. (a) Establishment of national clearinghouses. (b) National clearinghouse for children and youth with disabilities. (c) National clearinghouse on postsecondary education for individuals with disabilities. (d) National clearinghouse on careers in special education. (e) Priority consideration of applicants. (f) Annual report to Congress. 1434. Reports to the Secretary. 1435. Authorization of appropriations. (a) In general. (b) Personnel training for careers in special education and early intervention. (c) Parent training and information programs. 1436. Omitted. SUBCHAPTER V - RESEARCH IN THE EDUCATION OF INDIVIDUALS WITH DISABILITIES 1441. Research and related activities. (a) Grants, contracts, and cooperative agreements. (b) Qualifications of applicants. (c) Publication of proposed priorities. (d) Index of projects. (e) Coordination with other research; information to other agencies. (f) Attention deficit disorder. (g) Model demonstration programs. 1442. Research and demonstration projects in physical education and recreation for children with disabilities. 1443. Repealed. 1444. Authorization of appropriations. SUBCHAPTER VI - INSTRUCTIONAL MEDIA FOR INDIVIDUALS WITH DISABILITIES 1451. Purposes. 1452. Captioned films, television, descriptive video, and educational media for individuals with disabilities. (a) Establishment of loan service. (b) Authority of Secretary. (c) National Theatre of the Deaf; other non-profit organizations. (d) Transcribed tapes and cassettes. 1453. Repealed. 1454. Authorization of appropriations. SUBCHAPTER VII - TECHNOLOGY, EDUCATIONAL MEDIA, AND MATERIALS FOR INDIVIDUALS WITH DISABILITIES 1461. Financial assistance. 1462. Authorization of appropriations. SUBCHAPTER VIII - INFANTS AND TODDLERS WITH DISABILITIES 1471. Congressional findings and policy. (a) Findings. (b) Policy. 1472. Definitions. 1473. General authority. 1474. General eligibility. 1475. Continuing eligibility. (a) First two years. (b) Third and fourth year. (c) Fifth and succeeding years. (d) Exception. 1476. Requirements for statewide system. (a) In general. (b) Minimum components. 1477. Individualized family service plan. (a) Assessment and program development. (b) Periodic review. (c) Promptness after assessment. (d) Content of plan. 1478. State application and assurances. (a) Application. (b) Statement of assurances. (c) Approval of application and assurances required. 1479. Uses of funds. 1480. Procedural safeguards. 1481. Payor of last resort. (a) Nonsubstitution. (b) Reduction of other benefits. 1482. State Interagency Coordinating Council. (a) Establishment. (b) Composition. (c) Meetings. (d) Management authority. (e) Functions of Council. (f) Conflict of interest. (g) Use of existing Councils. 1483. Federal administration. 1484. Allocation of funds. (a) Territories and insular possessions. (b) Payments to Secretary of the Interior for assistance to Indians. (c) States. (d) Election by State not to receive allotment. 1485. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1203a, 1206a, 2321, 2323, 2744, 2782, 2783, 2791, 3227, 3291, 3441, 4356 of this title; title 25 sections 2503, 2504; title 29 sections 721, 774, 2215; title 42 sections 300x-11, 6024, 9855d, 9862. ------DocID 29029 Document 21 of 1330------ -CITE- 22 USC Sec. 277d-33 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-33. Authorization; construction, operation, and maintenance, appropriations, and acquisition of land -STATUTE- Pursuant to the agreement concluded under the authority of section 277d-32 of this title, the United States Commissioner is authorized to construct, operate, and maintain the portion of the 'International Flood Control Project, Tijuana River Basin,' assigned to the United States, and there is hereby authorized to be appropriated to the Department of State for use of the United States section the sum of $10,800,000 for construction costs of such project, as modified, based on estimated June 1976 prices, plus or minus such amounts as may be justified by reason of price index fluctuations in costs involved therein, and such sums as may be necessary for its maintenance and operation, except that no funds may be appropriated under sections 277d-32 and 277d-33 of this title for the fiscal year ending on September 30, 1977. Contingent upon the furnishing by the city of San Diego of its appropriate share of the funds for the acquisition of the land and interests therein needed to carry out the agreement between the United States and Mexico to construct such project, the Secretary of State, acting through the United States Commissioner, is further authorized to participate financially with non-Federal interests in the acquisition of said lands and interest therein, to the extent that funds provided by the city of San Diego are insufficient for this purpose. -SOURCE- (Pub. L. 89-640, Sec. 2, Oct. 10, 1966, 80 Stat. 884; Pub. L. 94-425, Sept. 28, 1976, 90 Stat. 1333.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-425 substituted provisions authorizing appropriations of $10,800,000 for construction costs for project based on June 1976 prices, with exception that no funds may be appropriated for fiscal year ending Sept. 30, 1977 for provisions authorizing appropriations not to exceed $12,600,000 for construction costs for project, eliminated provision requiring approval of title by Attorney General, and inserted provision authorizing financial participation of Secretary of State through Commissioner to acquire land for construction of project contingent upon city of San Diego furnishing its appropriate share of funds. ------DocID 30379 Document 22 of 1330------ -CITE- 22 USC CHAPTER 33 -EXPCITE- TITLE 22 CHAPTER 33 -HEAD- CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM -MISC1- Sec. 2451. Congressional statement of purpose. 2451a. Repealed. 2452. Authorization of activities. (a) Grants or contracts for educational or cultural exchanges; participation in international fairs and expositions abroad. (b) Other exchanges. 2452a. Exchange program with countries in transition from totalitarianism to democracy. (a) Authorization of activities; grants or contracts for exchanges with foreign countries. (b) Transfer of funds. 2453. Agreements with foreign governments and international organizations. (a) Authorization. (b) Creation or continuation of binational or multinational educational and cultural foundations and commissions. (c) United States participation in programs. 2454. Administration. (a) Delegation of powers; submission of proposal for delegation to Congress. (b) Employment of personnel. (c) Repealed. (d) Extension of benefits (e) Grants; use of funds, counseling service; publicity and promotion abroad. (f) Repealed. (g) Currency exchange for foreign students and teachers coming temporarily to the United States. 2455. Appropriations. (a) Authorization; contracts creating obligations in advance of appropriations. (b) Acquisition of foreign currencies. (c) Transfer of funds. (d) Reserve and use of certain funds. (e) Reservation and use of sums due or paid by the Republic of Finland. (f) Contribution of funds, property, and services by foreign governments, international organizations, and private individuals, firms, associations, and agencies. (g) Currency exchanges. 2456. J. William Fulbright Foreign Scholarship Board. (a) Appointment; members; considerations for selection. (b), (c) Omitted. (d) Creation of interagency and other advisory committees; conferences of persons. (e) Availability of appropriations for expenses; transportation expenses and per diem; compensation of members of Board and Committees. (f) Secretarial and staff assistance. 2457. Reports by Board. 2458. Authority of President. (a) Performance of certain functions without regard to other laws; appropriation credits upon reimbursement for services in connection with exchange activities. (b) Periodic reports of activities and expenditures. (c) Expenditures in selection, purchase, rental, construction, or other acquisition of exhibits and materials and equipment therefor. (d) Utilization of provisions of other laws. 2458a. Federal employee participation in cultural exchange programs. (a) Grants and other foreign government assistance; family or household expense assistance prohibited; 'Federal employee' defined. (b) Foreign grants and other assistance not gifts for purposes of section 7342 of title 5. (c) Regulations. 2459. Immunity from seizure under judicial process of cultural objects imported for temporary exhibition or display. (a) Agreements; Presidential determination; publication in Federal Register. (b) Intervention of United States attorney in pending judicial proceedings. (c) Enforcement of agreements and obligations of carriers under transportation contracts. 2460. Bureau of Educational and Cultural Affairs. (a) Establishment; responsibilities. (b) Revocation or diminution of grants. (c) Program requirements. (d) Administration of programs. (e) Office of Citizen Exchanges. 2461. United States-Soviet exchanges. (a) Financing of exchanges with repayments on Lend-Lease debts. (b) Limitation on availability of funds. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1475d, 1461-1a, 1475e, 2275, 2314, 2398, 2452a of this title; title 26 section 1441. ------DocID 31510 Document 23 of 1330------ -CITE- 24 USC Sec. 32, 33 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 32, 33. Repealed. June 7, 1956, ch. 374, Sec. 306(2), 70 Stat. 254 -MISC1- Section 32, act May 10, 1943, ch. 95, Sec. 2, 57 Stat. 80, authorized hospitalization of dependents of naval and Marine Corps personnel. See section 1071 et seq. of Title 10, Armed Forces. Section 33, act May 10, 1943, ch. 95, Sec. 3, 57 Stat. 81, defined 'dependents' and 'children'. See section 1071 et seq. of Title 10. EFFECTIVE DATE OF REPEAL Repeal effective six months after June 7, 1956, see section 307 of act June 7, 1956. REPEAL OF APPROPRIATIONS Act May 10, 1943, ch. 95, Sec. 1, 57 Stat. 80, formerly set out as a note under section 32 of this title, which appropriated funds for the purpose of expanding facilities for the hospitalization of dependents of the Navy and Marine Corps, was also repealed by act June 7, 1956. ------DocID 31705 Document 24 of 1330------ -CITE- 25 USC Sec. 33 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 33. Superintendents in charge of reservations; administration of oath of office -STATUTE- Superintendents and acting superintendents in charge of Indian reservations, schools, irrigation and allotment projects are authorized and empowered to administer the oath of office required of employees placed under their jurisdiction. -SOURCE- (June 30, 1913, ch. 4, Sec. 1, 38 Stat. 80.) -COD- CODIFICATION Section is from the Indian Appropriation Act, 1914. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 33482 Document 25 of 1330------ -CITE- 25 USC CHAPTER 33 -EXPCITE- TITLE 25 CHAPTER 33 -HEAD- CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT -MISC1- Sec. 3101. Findings. 3102. Purposes. 3103. Definitions. 3104. Management of Indian forest land. (a) Management activities. (b) Management objectives. 3105. Forest management deduction. (a) Withholding of deduction. (b) Amount of deduction. (c) Use of deduction. (d) Limitations. 3106. Forest trespass. (a) Civil penalties; regulations. (b) Treatment of proceeds. (c) Concurrent jurisdiction. 3107. Direct payment of forest products receipts. (a) Regulations. (b) Payment into a bank depository. 3108. Secretarial recognition of tribal laws. 3109. Indian forest land assistance account. (a) Establishment. (b) Deposits and expenditures. (c) Audits. 3110. Tribal forestry programs. (a) Establishment. (b) Support allocation formula; criteria. 3111. Assessment of Indian forest land and management programs. (a) Initial assessment. (b) Periodic assessments. (c) Status report to Congress. (d) Assistance from Secretary of Agriculture. 3112. Alaska Native technical assistance program. (a) Establishment. (b) Indian Self-Determination Act. 3113. Establishment of Indian and Alaska Native forestry education assistance. (a) Forester intern program. (b) Cooperative education program. (c) Scholarship program. (d) Forestry education outreach. (e) Adequacy of programs. 3114. Postgraduation recruitment, education and training programs. (a) Postgraduation recruitment. (b) Postgraduate intergovernmental internships. (c) Continuing education and training. 3115. Cooperative agreement between Department of the Interior and Indian tribes. (a) Cooperative agreements. (b) Supervision. (c) Savings provision. 3116. Obligated service; breach of contract. (a) Obligated service. (b) Breach of contract; repayment. 3117. Authorization of appropriations. 3118. Regulations. 3119. Severability. 3120. Trust responsibility. ------DocID 33546 Document 26 of 1330------ -CITE- 26 USC Sec. 33 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart C -HEAD- Sec. 33. Tax withheld at source on nonresident aliens and foreign corporations -STATUTE- There shall be allowed as a credit against the tax imposed by this subtitle the amount of tax withheld at source under subchapter A of chapter 3 (relating to withholding of tax on nonresident aliens and on foreign corporations). -SOURCE- (Aug. 16, 1954, ch. 736, 68A Stat. 13, Sec. 32, renumbered Sec. 33 and amended July 18, 1984, Pub. L. 98-369, div. A, title IV, Sec. 471(c), 474(j), 98 Stat. 826, 832.) -MISC1- PRIOR PROVISIONS A prior section 33 was renumbered section 27 of this title. AMENDMENTS 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 32 of this title as this section. Pub. L. 98-369, Sec. 474(j), amended section generally, striking out 'and on tax-free covenant bonds' after 'foreign corporations' in section catchline, and, in text, substituting 'as a credit against the tax imposed by this subtitle' for 'as credits against the tax imposed by this chapter', and striking out designation '(1)' before 'the amount of tax withheld', and ', and (2) the amount of tax withheld at source under subchapter B of chapter 3 (relating to interest on tax-free covenant bonds)' after 'on foreign corporations)'. EFFECTIVE DATE OF 1984 AMENDMENT Section 475(b) of Pub. L. 98-369 provided that: 'The amendments made by subsections (j) and (r)(29) (amending this section and sections 12, 164, 1441, 1442, 6049, and 7701 of this title and repealing section 1451 of this title) shall not apply with respect to obligations issued before January 1, 1984.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 874, 882, 921, 1446, 6211, 6401 of this title. ------DocID 34759 Document 27 of 1330------ -CITE- 26 USC CHAPTER 33 -EXPCITE- TITLE 26 Subtitle D CHAPTER 33 -HEAD- CHAPTER 33 - FACILITIES AND SERVICES -MISC1- Subchapter Sec. (FOOTNOTE 1) (A. Repealed.) (FOOTNOTE 1) Section numbers editorially supplied. B. Communications 4251 C. Transportation by air 4261 (D. Repealed.) E. Special provisions applicable to services and facilities taxes 4291 REPEAL OF SUBCHAPTER B Table of subchapters for chapter 33 amended by striking out the item relating to subchapter B dealing with Communications, effective Jan. 1, 1982, see Pub. L. 90-364, title I, Sec. 105(b)(3), June 28, 1968, 82 Stat. 266, as amended by Pub. L. 91-172, title VII, Sec. 702(b)(3), Dec. 30, 1969, 83 Stat. 660; Pub. L. 91-614, title II, Sec. 201(b)(3), Dec. 31, 1970, 84 Stat. 1843. Repeal of item B was not executed in view of the amendments to section 4251 of this title by Pub. L. 96-499, Pub. L. 97-34, Pub. L. 97-248, Pub. L. 98-369, Pub. L. 99-514, and Pub. L. 101-508, extending the date in (and finally eliminating) provisions which had reduced the tax to zero after a specified date. AMENDMENTS 1970 - Pub. L. 91-258, title II, Sec. 205(c)(5), May 21, 1970, 84 Stat. 242, substituted 'Transportation by air' for 'Transportation of persons by air' in item for subchapter C. 1965 - Pub. L. 89-44, title III, Sec. 301, 304, June 21, 1965, 79 Stat. 145, 148, struck out items for subchapters A and D. 1962 - Pub. L. 87-508, Sec. 5(c)(1), June 28, 1962, 76 Stat. 118, substituted 'Transportation of persons by air' for 'Transportation of persons' in item for subchapter C. 1958 - Pub. L. 85-475, Sec. 4(b)(1), June 30, 1958, 72 Stat. 260, substituted 'Transportation of persons' for 'Transportation' in item for subchapter C. EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87-508, Sec. 5(d), June 28, 1962, 76 Stat. 119, provided in part that: 'The amendment made by subsection (c)(1) (amending item for subchapter C in the analysis) shall apply only with respect to transportation beginning after November 15, 1962.' -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 6302, 6416, 7512 of this title. ------DocID 35921 Document 28 of 1330------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 33 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 33. Signing of Pleadings -STATUTE- (a) Signature: Each pleading shall be signed in the manner provided in Rule 23. Where there is more than one attorney of record, the signature of only one is required. Except when otherwise specifically directed by the Court, pleadings need not be verified or accompanied by affidavit. (b) Effect of Signature: The signature of counsel or a party constitutes a certificate by the signer that the signer has read the pleading, that, to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. The signature of counsel also constitutes a representation by counsel that counsel is authorized to represent the party or parties on whose behalf the pleading is filed. If a pleading is not signed, it shall be stricken, unless it is signed promptly after the omission is called to the attention of the pleader. If a pleading is signed in violation of this Rule, the Court, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, including reasonable counsel's fees. ------DocID 36363 Document 29 of 1330------ -CITE- 28 USC CHAPTER 33 -EXPCITE- TITLE 28 PART II CHAPTER 33 -HEAD- CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION -MISC1- Sec. 531. Federal Bureau of Investigation. 532. Director of Federal Bureau of Investigation. 533. Investigative and other officials; appointment. 534. Acquisition, preservation, and exchange of identification records and information; appointment of officials. 535. Investigation of crimes involving Government officers and employees; limitations. 536. Positions in excepted service. 537. Expenses of unforeseen emergencies of a confidential nature. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 539. (FOOTNOTE 2) Counterintelligence official reception and representation expenses. (FOOTNOTE 2) So in original. There is no item 538. 540. Investigation of felonious killings of State or local law enforcement officers. AMENDMENTS 1988 - Pub. L. 100-690, title VII, Sec. 7331(b), Nov. 18, 1988, 102 Stat. 4468, added item 540. 1986 - Pub. L. 99-569, title IV, Sec. 401(b), Oct. 27, 1986, 100 Stat. 3195, added item 539. 1982 - Pub. L. 97-292, Sec. 3(b), Oct. 12, 1982, 96 Stat. 1260, inserted 'and information' after 'identification records' in item 534. 1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616, substituted 'FEDERAL BUREAU OF INVESTIGATION' for 'UNITED STATES MARSHALS' in chapter heading, added items 531 to 537, and struck out items 541 to 556. -CROSS- CROSS REFERENCES Powers of Federal Bureau of Investigation, see section 3052 of Title 18, Crimes and Criminal Procedure. ------DocID 37015 Document 30 of 1330------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 33 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 33. Prehearing conference -STATUTE- The court may direct the attorneys for the parties to appear before the court or a judge thereof for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceeding by the court. The court or judge shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admissions or agreements of counsel, and such order when entered controls the subsequent course of the proceeding, unless modified to prevent manifest injustice. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES The uniform rule for review or enforcement of orders of administrative agencies, boards, commissions or officers (see the general note following Rule 15) authorizes a prehearing conference in agency review proceedings. The same considerations which make a prehearing conference desirable in such proceedings may be present in certain cases on appeal from the district courts. The proposed rule is based upon subdivision 11 of the present uniform rule for review of agency orders. -CROSS- CROSS REFERENCES Pre-trial procedure in the district courts, see Rule 16, Federal Rules of Civil Procedure, this Appendix. ------DocID 37077 Document 31 of 1330------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 33 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 33. Interrogatories to Parties -STATUTE- (a) Availability; Procedures for Use. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory. (b) Scope; Use at Trial. Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the rules of evidence. An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pre-trial conference or other later time. (c) Option To Produce Business Records. Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, including a compilation, abstract or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained. -SOURCE- (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule restates the substance of (former) Equity Rule 58 (Discovery - Interrogatories - Inspection and Production of Documents - Admission of Execution or Genuineness), with modifications to conform to these rules. NOTES OF ADVISORY COMMITTEE ON RULES - 1946 AMENDMENT Note. The added second sentence in the first paragraph of Rule 33 conforms with a similar change in Rule 26(a) and will avoid litigation as to when the interrogatories may be served. Original Rule 33 does not state the times at which parties may serve written interrogatories upon each other. It has been the accepted view, however, that the times were the same in Rule 33 as those stated in Rule 26(a). United States v. American Solvents & Chemical Corp. of California, D.Del. 1939, 30 F.Supp. 107; Sheldon v. Great Lakes Transit Corp., W.D.N.Y. 1942, 2 F.R.D. 272, 5 Fed.Rules Serv. 33.11, Case 3; Musher Foundation, Inc., v. Alba Trading Co., S.D.N.Y. 1941, 42 F.Supp. 281; 2 Moore's Federal Practice, 1938, 2621. The time within which leave of court must be secured by a plaintiff has been fixed at 10 days, in view of the fact that a defendant has 10 days within which to make objections in any case, which should give him ample time to engage counsel and prepare. Further in the first paragraph of Rule 33, the word 'service' is substituted for 'delivery' in conformance with the use of the word 'serve' elsewhere in the rule and generally throughout the rules. See also Note to Rule 13(a) herein. The portion of the rule dealing with practice on objections has been revised so as to afford a clearer statement of the procedure. The addition of the words 'to interrogatories to which objection is made' insures that only the answers to the objectionable interrogatories may be deferred, and that the answers to interrogatories not objectionable shall be forthcoming within the time prescribed in the rule. Under the original wording, answers to all interrogatories may be withheld until objections, sometimes to but a few interrogatories, are determined. The amendment expedites the procedure of the rule and serves to eliminate the strike value of objections to minor interrogatories. The elimination of the last sentence of the original rule is in line with the policy stated subsequently in this note. The added second paragraph in Rule 33 contributes clarity and specificity as to the use and scope of interrogatories to the parties. The field of inquiry will be as broad as the scope of examination under Rule 26(b). There is no reason why interrogatories should be more limited than depositions, particularly when the former represent an inexpensive means of securing useful information. See Hoffman v. Wilson Line, Inc., E.D.Pa. 1946, 9 Fed.Rules Serv. 33.514, Case 2; Brewster v. Technicolor, Inc., S.D.N.Y. 1941, 2 F.R.D. 186, 5 Fed.Rules Serv. 33.319, Case 3; Kingsway Press, Inc. v. Farrell Publishing Corp., S.D.N.Y. 1939, 30 F.Supp. 775. Under present Rule 33 some courts have unnecessarily restricted the breadth of inquiry on various grounds. See Auer v. Hershey Creamery Co., D.N.J. 1939, 2 Fed.Rules Serv. 33.31, Case 2, 1 F.R.D. 14; Tudor v. Leslie, D.Mass. 1940, 1 F.R.D. 448, 4 Fed.Rules Serv. 33.324, Case 1. Other courts have read into the rule the requirement that interrogation should be directed only towards 'important facts', and have tended to fix a more or less arbitrary limit as to the number of interrogatories which could be asked in any case. See Knox v. Alter, W.D.Pa. 1942, 2 F.R.D. 337, 6 Fed.Rules Serv. 33.352, Case 1; Byers Theaters, Inc. v. Murphy, W.D.Va. 1940, 3 Fed.Rules Serv. 33.31, Case 3, 1 F.R.D. 286; Coca-Cola Co. v. Dixi-Cola Laboratories, Inc., D.Md. 1939, 30 F.Supp. 275. See also comment on these restrictions in Holtzoff, Instruments of Discovery Under Federal Rules of Civil Procedure, 1942, 41 Mich.L.Rev. 205, 216-217. Under amended Rule 33, the party interrogated is given the right to invoke such protective orders under Rule 30(b) as are appropriate to the situation. At the same time, it is provided that the number of or number of sets of interrogatories to be served may not be limited arbitrarily or as a general policy to any particular number, but that a limit may be fixed only as justice requires to avoid annoyance, expense, embarrassment or oppression in individual cases. The party interrogated, therefore, must show the necessity for limitation on that basis. It will be noted that in accord with this change the last sentence of the present rule, restricting the sets of interrogatories to be served, has been stricken. In J. Schoeneman, Inc. v. Brauer, W.D.Mo. 1940, 1 F.R.D. 292, 3 Fed.Rules Serv. 33.31, Case 2, the court said: 'Rule 33 . . . has been interpreted . . . as being just as broad in its implications as in the case of depositions . . . It makes no difference therefore, how many interrogatories are propounded. If the inquiries are pertinent the opposing party cannot complain.' To the same effect, see Canuso v. City of Niagara Falls, W.D.N.Y. 1945, 8 Fed.Rules Serv. 33.352, Case 1; Hoffman v. Wilson Line, Inc., supra. By virtue of express language in the added second paragraph of Rule 33, as amended, any uncertainty as to the use of the answers to interrogatories is removed. The omission of a provision on this score in the original rule has caused some difficulty. See, e.g., Bailey v. New England Mutual Life Ins. Co., S.D.Cal. 1940, 1 F.R.D. 494, 4 Fed.Rules Serv. 33.46, Case 1. The second sentence of the second paragraph in Rule 33, as amended, concerns the situation where a party wishes to serve interrogatories on a party after having taken his deposition, or vice versa. It has been held that an oral examination of a party, after the submission to him and answer of interrogatories, would be permitted. Howard v. State Marine Corp., S.D.N.Y. 1940, 4 Fed.Rules Serv. 33.62, Case 1, 1 F.R.D. 499; Stevens v. Minder Construction Co., S.D.N.Y. 1943, 3 F.R.D. 498, 7 Fed.Rules Serv. 30b.31, Case 2. But objections have been sustained to interrogatories served after the oral deposition of a party had been taken. McNally v. Simons, S.D.N.Y. 1940, 3 Fed.Rules Serv. 33.61, Case 1, 1 F.R.D. 254; Currier v. Currier, S.D.N.Y. 1942, 3 F.R.D. 21, 6 Fed.Rules Serv. 33.61, Case 1. Rule 33, as amended, permits either interrogatories after a deposition or a deposition after interrogatories. It may be quite desirable or necessary to elicit additional information by the inexpensive method of interrogatories where a deposition has already been taken. The party to be interrogated, however, may seek a protective order from the court under Rule 30(b) where the additional deposition or interrogation works a hardship or injustice on the party from whom it is sought. NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT Subdivision (a). The mechanics of the operation of Rule 33 are substantially revised by the proposed amendment, with a view to reducing court intervention. There is general agreement that interrogatories spawn a greater percentage of objections and motions than any other discovery device. The Columbia Survey shows that, although half of the litigants resorted to depositions and about one-third used interrogatories, about 65 percent of the objections were made with respect to interrogatories and 26 percent related to depositions. See also Speck, The Use of Discovery in United States District Courts, 60 Yale L.J. 1132, 1144, 1151 (1951); Note, 36 Minn.L.Rev. 364, 379 (1952). The procedures now provided in Rule 33 seem calculated to encourage objections and court motions. The time periods now allowed for responding to interrogatories - 15 days for answers and 10 days for objections - are too short. The Columbia Survey shows that tardy response to interrogatories is common, virtually expected. The same was reported in Speck, supra, 60 Yale L.J. 1132, 1144. The time pressures tend to encourage objections as a means of gaining time to answer. The time for objections is even shorter than for answers, and the party runs the risk that if he fails to object in time he may have waived his objections. E.g., Cleminshaw v. Beech Aircraft Corp., 21 F.R.D. 300 (D.Del. 1957); see 4 Moore's Federal Practice, 33.27 (2d ed. 1966); 2A Barron & Holtzoff, Federal Practice and Procedure 372-373 (Wright ed. 1961). It often seems easier to object than to seek an extension of time. Unlike Rules 30(d) and 37(a), Rule 33 imposes no sanction of expenses on a party whose objections are clearly unjustified. Rule 33 assures that the objections will lead directly to court, through its requirement that they be served with a notice of hearing. Although this procedure does preclude an out-of-court resolution of the dispute, the procedure tends to discourage informal negotiations. If answers are served and they are thought inadequate, the interrogating party may move under Rule 37(a) for an order compelling adequate answers. There is no assurance that the hearing on objections and that on inadequate answers will be heard together. The amendment improves the procedure of Rule 33 in the following respects: (1) The time allowed for response is increased to 30 days and this time period applies to both answers and objections, but a defendant need not respond in less than 45 days after service of the summons and complaint upon him. As is true under existing law, the responding party who believes that some parts or all of the interrogatories are objectionable may choose to seek a protective order under new Rule 26(c) or may serve objections under this rule. Unless he applies for a protective order, he is required to serve answers or objections in response to the interrogatories, subject to the sanctions provided in Rule 37(d). Answers and objections are served together, so that a response to each interrogatory is encouraged, and any failure to respond is easily noted. (2) In view of the enlarged time permitted for response, it is no longer necessary to require leave of court for service of interrogatories. The purpose of this requirement - that defendant have time to obtain counsel before a response must be made - is adequately fulfilled by the requirement that interrogatories be served upon a party with or after service of the summons and complaint upon him. Some would urge that the plaintiff nevertheless not be permitted to serve interrogatories with the complaint. They fear that a routine practice might be invited, whereby form interrogatories would accompany most complaints. More fundamentally, they feel that, since very general complaints are permitted in present-day pleading, it is fair that the defendant have a right to take the lead in serving interrogatories. (These views apply also to Rule 36.) The amendment of Rule 33 rejects these views, in favor of allowing both parties to go forward with discovery, each free to obtain the information he needs respecting the case. (3) If objections are made, the burden is on the interrogating party to move under Rule 37(a) for a court order compelling answers, in the course of which the court will pass on the objections. The change in the burden of going forward does not alter the existing obligation of an objecting party to justify his objections. E.g., Pressley v. Boehlke, 33 F.R.D. 316 (W.D.N.C. 1963). If the discovering party asserts than an answer is incomplete or evasive, again he may look to Rule 37(a) for relief, and he should add this assertion to his motion to overrule objections. There is no requirement that the parties consult informally concerning their differences, but the new procedure should encourage consultation, and the court may by local rule require it. The proposed changes are similar in approach to those adopted by California in 1961. See Calif.Code Civ.Proc. Sec. 2030(a). The experience of the Los Angeles Superior Court is informally reported as showing that the California amendment resulted in a significant reduction in court motions concerning interrogatories. Rhode Island takes a similar approach. See R. 33, R.I.R.Civ.Proc. Official Draft, p. 74 (Boston Law Book Co.). A change is made in subdivision (a) which is not related to the sequence of procedures. The restriction to 'adverse' parties is eliminated. The courts have generally construed this restriction as precluding interrogatories unless an issue between the parties is disclosed by the pleadings - even though the parties may have conflicting interests. E.g., Mozeika v. Kaufman Construction Co., 25 F.R.D. 233 (E.D.Pa. 1960) (plaintiff and third-party defendant); Biddle v. Hutchinson, 24 F.R.D. 256 (M.D.Pa. 1959) (codefendants). The resulting distinctions have often been highly technical. In Schlagenhauf v. Holder, 379 U.S. 104 (1964), the Supreme Court rejected a contention that examination under Rule 35 could be had only against an 'opposing' party, as not in keeping 'with the aims of a liberal, nontechnical application of the Federal Rules.' 379 U.S. at 116. Eliminating the requirement of 'adverse' parties from Rule 33 brings it into line with all other discovery rules. A second change in subdivision (a) is the addition of the term 'governmental agency' to the listing of organizations whose answers are to be made by any officer or agent of the organization. This does not involve any change in existing law. Compare the similar listing in Rule 30(b)(6). The duty of a party to supplement his answers to interrogatories is governed by a new provision in Rule 26(e). Subdivision (b). There are numerous and conflicting decisions on the question whether and to what extent interrogatories are limited to matters 'of fact,' or may elicit opinions, contentions, and legal conclusions. Compare, e.g., Payer, Hewitt & Co. v. Bellanca Corp., 26 F.R.D. 219 (D.Del. 1960) (opinions bad); Zinsky v. New York Central R.R., 36 F.R.D. 680 (N.D.Ohio 1964) (factual opinion or contention good, but legal theory bad); United States v. Carter Products, Inc., 28 F.R.D. 373 (S.D.N.Y.1961) (factual contentions and legal theories bad) with Taylor v. Sound Steamship Lines, Inc., 100 F.Supp. 388 (D.Conn. 1951) (opinions good), Bynum v. United States, 36 F.R.D. 14 (E.D.La. 1964) (contentions as to facts constituting negligence good). For lists of the many conflicting authorities, see 4 Moore's Federal Practice 33.17 (2d ed. 1966); 2A Barron & Holtzoff, Federal Practice and Procedure Sec. 768 (Wright ed. 1961). Rule 33 is amended to provide that an interrogatory is not objectionable merely because it calls for an opinion or contention that relates to fact or the application of law to fact. Efforts to draw sharp lines between facts and opinions have invariably been unsuccessful, and the clear trend of the cases is to permit 'factual' opinions. As to requests for opinions or contentions that call for the application of law to fact, they can be most useful in narrowing and sharpening the issues, which is a major purpose of discovery. See Diversified Products Corp. v. Sports Center Co., 42 F.R.D. 3 (D.Md. 1967); Moore, supra; Field & McKusick, Maine Civil Practice Sec. 26.18 (1959). On the other hand, under the new language interrogatories may not extend to issues of 'pure law,' i.e., legal issues unrelated to the facts of the case. Cf. United States v. Maryland & Va. Milk Producers Assn., Inc., 22 F.R.D. 300 (D.D.C. 1958). Since interrogatories involving mixed questions of law and fact may create disputes between the parties which are best resolved after much or all of the other discovery has been completed, the court is expressly authorized to defer an answer. Likewise, the court may delay determination until pretrial conference, if it believes that the dispute is best resolved in the presence of the judge. The principal question raised with respect to the cases permitting such interrogatories is whether they reintroduce undesirable aspects of the prior pleading practice, whereby parties were chained to misconceived contentions or theories, and ultimate determination on the merits was frustrated. See James, The Revival of Bills of Particulars under the Federal Rules, 71 Harv.L.Rev. 1473 (1958). But there are few if any instances in the recorded cases demonstrating that such frustration has occurred. The general rule governing the use of answers to interrogatories is that under ordinary circumstances they do not limit proof. See e.g., McElroy v. United Air Lines, Inc., 21 F.R.D. 100 (W.D.Mo. 1967); Pressley v. Boehlke, 33 F.R.D. 316, 317 (W.D.N.C. 1963). Although in exceptional circumstances reliance on an answer may cause such prejudice that the court will hold the answering party bound to his answer, e.g., Zielinski v. Philadelphia Piers, Inc., 139 F.Supp. 408 (E.D.Pa. 1956), the interrogating party will ordinarily not be entitled to rely on the unchanging character of the answers he receives and cannot base prejudice on such reliance. The rule does not affect the power of a court to permit withdrawal or amendment of answers to interrogatories. The use of answers to interrogatories at trial is made subject to the rules of evidence. The provisions governing use of depositions, to which Rule 33 presently refers, are not entirely apposite to answers to interrogatories, since deposition practice contemplates that all parties will ordinarily participate through cross-examination. See 4 Moore's Federal Practice 33.29(1) (2 ed. 1966). Certain provisions are deleted from subdivision (b) because they are fully covered by new Rule 26(c) providing for protective orders and Rules 26(a) and 26(d). The language of the subdivision is thus simplified without any change of substance. Subdivision (c). This is a new subdivision, adopted from Calif.Code Civ.Proc. Sec. 2030(c), relating especially to interrogatories which require a party to engage in burdensome or expensive research into his own business records in order to give an answer. The subdivision gives the party an option to make the records available and place the burden of research on the party who seeks the information. 'This provision, without undermining the liberal scope of interrogatory discovery, places the burden of discovery upon its potential benefitee,' Louisell, Modern California Discovery, 124-125 (1963), and alleviates a problem which in the past has troubled Federal courts. See Speck, The Use of Discovery in United States District Courts, 60 Yale L.J. 1132, 1142-1144 (1951). The interrogating party is protected against abusive use of this provision through the requirement that the burden of ascertaining the answer be substantially the same for both sides. A respondent may not impose on an interrogating party a mass of records as to which research is feasible only for one familiar with the records. At the same time, the respondent unable to invoke this subdivision does not on that account lose the protection available to him under new Rule 26(c) against oppressive or unduly burdensome or expensive interrogatories. And even when the respondent successfully invokes the subdivision, the court is not deprived of its usual power, in appropriate cases, to require that the interrogating party reimburse the respondent for the expense of assembling his records and making them intelligible. NOTES OF ADVISORY COMMITTEE ON RULES - 1980 AMENDMENT Subdivision (c). The Committee is advised that parties upon whom interrogatories are served have occasionally responded by directing the interrogating party to a mass of business records or by offering to make all of their records available, justifying the response by the option provided by this subdivision. Such practices are an abuse of the option. A party who is permitted by the terms of this subdivision to offer records for inspection in lieu of answering an interrogatory should offer them in a manner that permits the same direct and economical access that is available to the party. If the information sought exists in the form of compilations, abstracts or summaries then available to the responding party, those should be made available to the interrogating party. The final sentence is added to make it clear that a responding party has the duty to specify, by category and location, the records from which answers to interrogatories can be derived. ------DocID 37176 Document 32 of 1330------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 33 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 33. Notice of Right To Consent to the Exercise of Civil Jurisdiction by a Magistrate and Appeal Option -STATUTE- In accordance with the provisions of Title 28, U.S.C. Sec. 636(c), you are hereby notified that the United States magistrates of this district court, in addition to their other duties, upon the consent of all parties in a civil case, may conduct any or all proceedings in a civil case including a jury or nonjury trial, and order the entry of a final judgment. You should be aware that your decision to consent, or not to consent, to the referral of your case to a United States magistrate must be entirely voluntary. Only if all the parties to the case consent to the reference to a magistrate will either the judge or magistrate to whom the case has been assigned be informed of your decision. An appeal from a judgment entered by a magistrate may be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court. Alternatively, upon consent of all parties, an appeal from a judgment entered by a magistrate may be taken directly to a district judge. Cases in which an appeal is taken to a district judge may be reviewed by the United States court of appeals for this judicial circuit only by way of petition for leave to appeal. Copies of the Form for the 'Consent to Proceed Before a United States Magistrate' and 'Election of Appeal to a District Judge' are available from the clerk of the court. -SOURCE- (Added Apr. 28, 1983, eff. Aug. 1, 1983.) ------DocID 37300 Document 33 of 1330------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 33 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 33. Printing Requirements -STATUTE- .1. (a) Except for papers permitted by Rules 21, 22, and 39 to be submitted in typewritten form (see Rule 34), every document filed with the Court must be printed by a standard typographic printing process or be typed and reproduced by offset printing, photocopying, computer printing, or similar process. The process used must produce a clear, black image on white paper. In an original action under Rule 17, 60 copies of every document printed under this Rule must be filed; in all other cases, 40 copies must be filed. (b) The text of every document, including any appendix thereto, produced by standard typographic printing must appear in print as 11-point or larger type with 2-point or more leading between lines. The print size and typeface of the United States Reports from Volume 453 to date are acceptable. Similar print size and typeface should be standard throughout. No attempt should be made to reduce or condense the typeface in a manner that would increase the content of a document. Footnotes must appear in print as 9-point or larger type with 2-point or more leading between lines. A document must be printed on both sides of the page. (c) The text of every document, including any appendix thereto, printed or duplicated by any process other than standard typographic printing shall be done in pica type at no more than 10 characters per inch. The lines must be double spaced. The right-hand margin need not be justified, but there must be a margin of at least three-fourths of an inch. In footnotes, elite type at no more than 12 characters per inch may be used. The document should be printed on both sides of the page, if practicable. It shall not be reduced in duplication. A document which is photographically reduced so that the print size is smaller than pica type will not be received by the Clerk. (d) Whether printed under subparagraph (b) or (c) of this paragraph, every document must be produced on opaque, unglazed paper 6 1/8 by 9 1/4 inches in size, with type matter approximately 4 1/8 by 7 1/8 inches and margins of at least three-fourths of an inch on all sides. The document must be firmly bound in at least two places along the left margin (saddle stitch or perfect binding preferred) so as to make an easily opened volume, and no part of the text shall be obscured by the binding. Spiral and other plastic bindings may not be used. Appendices in patent cases may be duplicated in such size as is necessary to utilize copies of patent documents. .2. Every document must bear on the cover, in the following order, from the top of the page: (1) the number of the case or, if there is none, a space for one; (2) the name of this Court; (3) the Term; (4) the caption of the case as appropriate in this Court; (5) the nature of the proceeding and the name of the court from which the action is brought (e.g., 'Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit'; or, for a merits brief, 'On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit'); (6) the title of the paper (e.g., 'Petition for Writ of Certiorari,' 'Brief for Respondent,' 'Joint Appendix'); (7) the name of the member of the Bar of this Court who is counsel of record for the party concerned, and upon whom service is to be made, with a notation directly thereunder that the attorney is the counsel of record together with counsel's