I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 02:49:38. Database: USCODE Search: (34:CITE) ------DocID 6968 Document 1 of 55------ -CITE- 2 USC Sec. 34 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 34. Representatives' and Delegates' salaries payable monthly -STATUTE- Representatives and Delegates-elect to Congress, whose credentials in due form of law have been duly filed with the Clerk of the House of Representatives, in accordance with the provisions of section 26 of this title, may receive their compensation monthly, from the beginning of their term until the beginning of the first session of each Congress, upon a certificate in the form now in use to be signed by the Clerk of the House, which certificate shall have the like force and effect as is given to the certificate of the Speaker. -SOURCE- (R.S. Sec. 38; Mar. 3, 1875, ch. 130, Sec. 1, 18 Stat. 389.) -COD- CODIFICATION R.S. Sec. 38 derived from act Mar. 3, 1873, ch. 226, Sec. 1, 17 Stat. 488. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 8126 Document 2 of 55------ -CITE- 5 USC CHAPTER 34 -EXPCITE- TITLE 5 PART III Subpart B CHAPTER 34 -HEAD- CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES -MISC1- Sec. 3401. Definitions. 3402. Establishment of part-time career employment programs. 3403. Limitations. 3404. Personnel ceilings. 3405. Nonapplicability. 3406. Regulations. 3407. Reports. 3408. Employee organization representation. AMENDMENTS 1978 - Pub. L. 95-437, Sec. 3(b), Oct. 10, 1978, 92 Stat. 1058, added items 3391 to 3398, which were renumbered 3401 to 3408 by Pub. L. 95-454, title IX, Sec. 906(c)(1)(A), Oct. 13, 1978, 92 Stat. 1226, which section also substituted 'CHAPTER 34' for 'SUBCHAPTER VIII' in heading. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 38 section 4114. ------DocID 9894 Document 3 of 55------ -CITE- 7 USC CHAPTER 34 -EXPCITE- TITLE 7 CHAPTER 34 -HEAD- CHAPTER 34 - SUGAR PRODUCTION AND CONTROL ------DocID 11990 Document 4 of 55------ -CITE- 10 USC CHAPTER 34 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 34 -HEAD- CHAPTER 34 - APPOINTMENTS AS RESERVE OFFICERS -MISC1- Sec. 591. Reserve components: qualifications. 592. Commissioned officer grades. 593. Commissioned officers: appointment, how made; term. 594. Commissioned officers: original appointment; limitation. 595. Officers: appointment upon transfer. (596. Repealed.) 597. Warrant officers: grades; appointment, how made; term. 598. Warrant officers: promotion. 599. Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency. 600. Officer candidates. 600a. Attending Physician to the Congress. AMENDMENTS 1986 - Pub. L. 99-661, div. A, title V, Sec. 508(d)(1)(B), Nov. 14, 1986, 100 Stat. 3867, added item 600a. 1980 - Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2849, substituted '34' for '35' as chapter number. 1958 - Pub. L. 85-861, Sec. 1(11), Sept. 2, 1958, 72 Stat. 1440, added item 592 and struck out item 596 'Officers: promotion'. -CROSS- CROSS REFERENCES Particular provisions relating to appointments as reserve officers - Air Force, see section 8351 et seq. of this title. Army, see section 3351 et seq. of this title. Regulations to carry out this chapter, see section 280 of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 280 of this title. ------DocID 14624 Document 5 of 55------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 34 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PRACTICE BEFORE THE COURT -HEAD- Rule 34. Computation of Time -STATUTE- (a) General. In computing any period of time prescribed or allowed by these Rules, order of the Court, or any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a holiday. When the period of time prescribed or allowed is less than 7 days, intervening Saturdays, Sundays, and legal holidays, will be excluded in the computation. When a period of time is computed under these rules from the date of the decision of a Court of Military Review, such time is to be computed from the date of such decision unless a petition for reconsideration is timely filed, in which event the period of time is to be computed from the date of final action on the petition for reconsideration. (b) Additional time when service by mail. Whenever a party has the right or is required to do some act within a prescribed period after the issuance of an order or the filing of a notice, pleading, or other paper relative to a case when service thereof is made upon him by mail, 5 days will be added to the prescribed period if the party upon whom the service is made is within the limits of the contiguous 48 States and the District of Columbia, and 15 days will be added if the party is located outside these limits, including the States of Alaska and Hawaii. This provision for additional time shall not apply, however, to the time limitations prescribed in Rule 19(a)(1) for the filing of a petition for grant of review. -SOURCE- (As amended Oct. 1, 1987.) ------DocID 15166 Document 6 of 55------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 34 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 34. - Caption of Adversary Proceedings -STATUTE- UNITED STATES BANKRUPTCY COURT XXXXXXXX DISTRICT OF XXXXXXXX XXXXXXXXXXXXXXXX In re Case No. XXX XXXXXXXXXXXXXXX, Debtor, XXXXXXXXXXXXXXX, Adv. Pro. No. XX Plaintiff, v. XXXXXXXXXXXXXXX, Defendant. XXXXXXXXXXXXXXXX COMPLAINT (OR OTHER DESIGNATION) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Rule 7010 requires the caption of a pleading in an adversary proceeding to conform substantially to this form. ------DocID 16778 Document 7 of 55------ -CITE- 12 USC CHAPTER 34 -EXPCITE- TITLE 12 CHAPTER 34 -HEAD- CHAPTER 34 - FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL -MISC1- Sec . 3301. Declaration of purpose. 3302. Definitions. 3303. Financial Institutions Examination Council. (a) Establishment; composition. (b) Chairmanship. (c) Term of office. (d) Designation of officers and employees. (e) Compensation and expenses. 3304. Costs and expenses of Council. 3305. Functions of Council. (a) Establishment of principles and standards. (b) Making recommendations regarding supervisory matters and adequacy of supervisory tools. (c) Development of uniform reporting system. (d) Conducting schools for examiners and assistant examiners. (e) Affect on Federal regulatory agency research and development of new financial institutions supervisory agencies. (f) Annual report. 3306. State liaison. 3307. Administration. (a) Authority of Chairman of Council. (b) Use of personnel, services, and facilities of Federal financial institutions regulatory agencies, Federal Reserve banks, and Federal Home Loan Banks. (c) Compensation, authority, and duties of officers and employees; experts and consultants. 3308. Access to books, accounts, records, etc., by Council. 3309. Risk management training. (a) Seminars. (b) Study of risk management training program. 3310. Establishment of Appraisal Subcommittee. ------DocID 17476 Document 8 of 55------ -CITE- 15 USC Sec. 34 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 34. Definitions applicable to sections 34 to 36 -STATUTE- For purposes of sections 34 to 36 of this title - (1) the term 'local government' means - (A) a city, county, parish, town, township, village, or any other general function governmental unit established by State law, or (B) a school district, sanitary district, or any other special function governmental unit established by State law in one or more States, (2) the term 'person' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), but does not include any local government as defined in paragraph (1) of this section, and (3) the term 'State' has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). -SOURCE- (Pub. L. 98-544, Sec. 2, Oct. 24, 1984, 98 Stat. 2750.) -MISC1- EFFECTIVE DATE Section 6 of Pub. L. 98-544 provided that: 'This Act (enacting this section, sections 35 and 36 of this title, and provisions set out as a note under section 1 of this title) shall take effect thirty days before the date of the enactment of this Act (Oct. 24, 1984).' ------DocID 17776 Document 9 of 55------ -CITE- 15 USC Sec. 80a-34 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-34. Unlawful representations and names -STATUTE- (a) Unlawful representation of guarantee by United States or agency thereof It shall be unlawful for any person, in issuing or selling any security of which a registered investment company is the issuer, to represent or imply in any manner whatsoever that such security or company has been guaranteed, sponsored, recommended, or approved by the United States or any agency or officer thereof. (b) Unlawful representation of sponsorship by United States or agency thereof It shall be unlawful for any person registered under any section of this subchapter, to represent or imply in any manner whatsoever that such person has been sponsored, recommended, or approved, or that his abilities or qualifications have in any respect been passed upon by the United States or any agency or officer thereof. (c) Statement of registration under securities provisions No provision of subsection (a) or (b) of this section shall be construed to prohibit a statement that a person or security is registered under this chapter, the Securities Act of 1933 (15 U.S.C. 77a et seq.), or the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), if such statement is true in fact and if the effect of such registration is not misrepresented. (d) Deceptive or misleading names for investment companies It shall be unlawful for any registered investment company hereafter to adopt as a part of the name or title of such company, or of any security of which it is the issuer, any word or words which the Commission finds and by order declares to be deceptive or misleading. The Commission is authorized to bring an action in the proper district court of the United States or United States court of any Territory or other place subject to the jurisdiction of the United States alleging that the name or title of any registered investment company, or of any security which it has issued, is materially deceptive or misleading. If the court finds that the Commission's allegations in this respect, taking into consideration the history of the investment company and the length of time which it may have used any such name or title, are established, the court shall enjoin such investment company from continuing to use any such name or title. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 35, 54 Stat. 840.) -REFTEXT- REFERENCES IN TEXT The Securities Act of 1933, referred to in subsec. (c), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is classified generally to subchapter I (Sec. 77a et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77a of this title and Tables. The Securities Exchange Act of 1934, referred to in subsec. (c), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified generally to 2B (Sec. 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18497 Document 10 of 55------ -CITE- 15 USC CHAPTER 34 -EXPCITE- TITLE 15 CHAPTER 34 -HEAD- CHAPTER 34 - ANTITRUST CIVIL PROCESS -MISC1- Sec. 1311. Definitions. 1312. Civil investigative demands. (a) Issuance; service; production of material; testimony. (b) Contents; return date for demand for product of discovery. (c) Protected material or information; demand for product of discovery superseding disclosure restrictions except trial preparation materials. (d) Service; jurisdiction. (e) Service upon legal entities and natural persons. (f) Proof of service. (g) Sworn certificates. (h) Interrogatories. (i) Oral examinations. 1313. Custodian of documents, answers and transcripts. (a) Designation. (b) Production of materials. (c) Responsibility for materials; disclosure. (d) Use of investigative files. (e) Return of material to producer. (f) Appointment of successor custodians. 1314. Judicial proceedings. (a) Petition for enforcement; venue. (b) Petition for order modifying or setting aside demand; time for petition; suspension of time allowed for compliance with demand during pendency of petition; grounds for relief. (c) Petition for order modifying or setting aside demand for production of product of discovery; grounds for relief; stay of compliance with demand and of running of time allowed for compliance with demand. (d) Petition for order requiring performance by custodian of duties; venue. (e) Jurisdiction; appeal; contempts. (f) Applicability of Federal Rules of Civil Procedure. (g) Disclosure exemption. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 18a of this title; title 18 sections 1505, 1905; title 42 section 6272; title 44 section 3518; title 46 App. section 1702; title 50 App. section 2158a. ------DocID 19659 Document 11 of 55------ -CITE- 16 USC Sec. 34 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 34. Road extensions -STATUTE- Road extensions and improvements shall be made in the Yellowstone National Park under and in harmony with the general plan of roads and improvements to be approved by the Secretary of the Interior. -SOURCE- (July 1, 1918, ch. 113, Sec. 1, 40 Stat. 678.) -CROSS- CROSS REFERENCES Roads, trails, and national park approach roads, see sections 8 and 8a to 8d of this title. ------DocID 20437 Document 12 of 55------ -CITE- 16 USC Sec. 410cc-34 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part C -HEAD- Sec. 410cc-34. Acquisition and disposition of property -STATUTE- (a) Acquisition of specified property; manner of acquisition (1) The Commission may acquire any property designated in paragraph (3) of this subsection, any property described in section 410cc-32(d)(1) of this title, or any interest therein, by donation, by purchase with donated or appropriated funds, or by condemnation in accordance with paragraph (2) of this subsection. (2) Only properties within the park or property designated in paragraph (3) of this subsection may be acquired by the Commission by condemnation. The Commission may initiate condemnation proceedings only after making every reasonable effort to acquire any such property through negotiations and purchase and consulting with the city council of Lowell. No lands or interests therein may be acquired by the Commission by condemnation without the approval of the Secretary. (3) The Commission may acquire in accordance with paragraph (1) of this subsection the following properties, or any interest therein: (A) World Furniture Building, 125 Central Street; and (B) The Martin Building, 102-122 Central Street. (b) Sale or lease of specified property; conditions The Commission, with the approval of the Secretary, may sell or lease any property which it acquires under subsection (a) of this section subject to such deed restrictions or other conditions as the Commission deems appropriate to carry out the purpose of this subchapter. (c) Agreement for disposal of specified property to Commonwealth of Massachusetts; purposes of transfers Pursuant to a written agreement between the Commission and the Commonwealth of Massachusetts, the Commission, with the approval of the Secretary, may sell, donate, lease, or in any other manner the Commission and the Secretary deem appropriate make available to the Commonwealth any property which the Commission has acquired under subsection (a) of this section in order to provide for the administration or maintenance of such property by the Commonwealth in a manner consistent with the purpose of this subchapter. -SOURCE- (Pub. L. 95-290, title III, Sec. 304, June 5, 1978, 92 Stat. 302.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 410cc-13, 410cc-32, 410cc-35 of this title. ------DocID 23014 Document 13 of 55------ -CITE- 16 USC CHAPTER 34 -EXPCITE- TITLE 16 CHAPTER 34 -HEAD- CHAPTER 34 - RURAL ENVIRONMENTAL CONSERVATION PROGRAM -MISC1- Sec. 1501. Establishment and purpose of programs; contracting and purchasing authority of Secretary; maintenance of continuing and stable supply of agricultural commodities and forest products. 1502. Plan of farming operations or land use; necessity for contract applicants to furnish Secretary; contents of plan. 1503. Contracts. (a) Approved conservation plans as basis; duties of landowner or operator under contracts. (b) Duties of Secretary under contracts; shared costs. (c) Termination and modification of contracts. 1504. Authority of Secretary to furnish eligible owners and operators conservation materials, etc. 1505. Multiyear set-aside contracts. (a) Contracting authority of Secretary; duration of contracts; eligibility and duties of producers. (b) Cost-sharing incentives for farm operators. 1506. Rules and regulations; limitations on total acreage retired from production pursuant to contracts. 1507. Advisory boards. (a) State boards; functions; membership; appointment and qualifications of members; meetings. (b) National board; establishment in consultation with Secretary of the Interior; functions and duties. 1508. Coordination with and utilization by Secretary of Federal, State, and local services and facilities to carry out programs and plans. 1509. Repealed. 1510. Authorization of appropriations; construction and continuation of programs, contracts, and authorities. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2103 of this title. ------DocID 23810 Document 14 of 55------ -CITE- 18 USC Sec. 34 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 34. Penalty when death results -STATUTE- Whoever is convicted of any crime prohibited by this chapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 844 of this title. ------DocID 25122 Document 15 of 55------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 34 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VII -HEAD- Rule 34. Arrest of Judgment -STATUTE- The court on motion of a defendant shall arrest judgment if the indictment or information does not charge an offense or if the court was without jurisdiction of the offense charged. The motion in arrest of judgment shall be made within 7 days after verdict or finding of guilty, or after plea of guilty or nolo contendere, or within such further time as the court may fix during the 7-day period. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule continues existing law except that it enlarges the time for making motions in arrest of judgment from 3 days to 5 days. See Rule II (2) of Criminal Appeals Rules of 1933, 292 U.S.C. 661. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The words 'on motion of a defendant' are added to make clear here, as in Rule 33, that the court may act only pursuant to a timely motion by the defendant. The amendment to the second sentence is designed to clarify an ambiguity in the rule as originally drafted. In Lott v. United States, 367 U.S. 421 (1961) the Supreme Court held that when a defendant pleaded nolo contendere the time in which a motion could be made under this rule did not begin to run until entry of the judgment. The Court held that such a plea was not a 'determination of guilty.' No reason of policy appears to justify having the time for making this motion commence with the verdict or finding of guilt but not with the acceptance of the plea of nolo contendere or the plea of guilty. The amendment changes the result in the Lott case and makes the periods uniform. The amendment also changes the time in which the motion may be made to 7 days. See the Advisory Committee's Note to Rule 29. -CROSS- CROSS REFERENCES Enlargement of time not permitted for motion under this rule, see rule 45. ------DocID 26086 Document 16 of 55------ -CITE- 20 USC Sec. 30 to 34 -EXPCITE- TITLE 20 CHAPTER 2 -HEAD- Sec. 30 to 34. Repealed. Pub. L. 90-576, title I, Sec. 103, Oct. 16, 1968, 82 Stat. 1091 -MISC1- Section 30, acts Mar. 3, 1931, ch. 404, Sec. 1, 46 Stat. 1489; May 17, 1932, ch. 190, 47 Stat. 158, extended to Puerto Rico the benefits of sections 11-15, 16, and 18-28 of this title. Section 31, act Mar. 18, 1950, ch. 71, Sec. 1, 64 Stat. 27, extended to Virgin Islands the benefits of Vocational Education Act of 1946 (sections 15i to 15m, 15o to 15q, 15aa to 15jj, and 15aaa to 15ggg of this title). Section 32, act Mar. 18, 1950, ch. 71, Sec. 2, 64 Stat. 27; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, authorized distribution of funds to Virgin Islands. Section 33, act Mar. 18, 1950, ch. 71, Sec. 3, 64 Stat. 27; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set conditions governing use and payment of funds in Virgin Islands. Section 34, act Aug. 1, 1956, ch. 852, Sec. 9, 70 Stat. 909, extended to Guam the benefits of Vocational Education Act of 1946. EFFECTIVE DATE OF REPEAL Section 103 of Pub. L. 90-576 provided that the repeal is effective July 1, 1969. ------DocID 26715 Document 17 of 55------ -CITE- 20 USC Sec. 1070d-34 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-34. Allocation among States -STATUTE- From the sums appropriated pursuant to section 1070d-41 of this title for any fiscal year, the Secretary shall allocate to each State having an agreement under section 1070d-35 of this title - (1) $1,500 multiplied by the number of individuals in the State eligible for scholarships pursuant to section 1070d-37(b) of this title, plus (2) $10,000, plus 5 percent of the amount to which a State is eligible under paragraph (1) of this section. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419D, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344.) -MISC1- PRIOR PROVISIONS A prior section 1070d-34, Pub. L. 89-329, title IV, Sec. 419D, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2901, related to allocation among States of amounts for Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99-498. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1070d-35 of this title. ------DocID 27211 Document 18 of 55------ -CITE- 20 USC CHAPTER 34 -EXPCITE- TITLE 20 CHAPTER 34 -HEAD- CHAPTER 34 - NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE -MISC1- Sec. 1501. Congressional statement of policy. 1502. Establishment. (a) Independent agency within executive branch. (b) Administrative services. 1503. Contributions. 1504. Functions and powers. (a) Advice to President and Congress; studies and surveys; plans; annual report. (b) Contract authority. (c) Hearings. (d) Cooperation with other agencies. 1505. Membership. (a) Appointment; terms of office; Chairman; vacancies. (b) Compensation; travel expenses. (c) Professional and technical personnel. 1506. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3441 of this title. ------DocID 29030 Document 19 of 55------ -CITE- 22 USC Sec. 277d-34 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-34. American-Mexican Boundary Treaty, authorization for carrying out treaty provisions; investigations; land acquisition, purposes; damages, repair or compensation -STATUTE- In connection with the treaty between the United States of America and the United Mexican States to resolve pending boundary differences and maintain the Rio Grande and the Colorado River as the international boundary between the United States of America and the United Mexican States, signed November 23, 1970, (hereafter in this Act referred to as the 'treaty'), the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States, and Mexico (hereafter in this Act referred to as the 'Commissioner'), is authorized - (1) to conduct technical and other investigations relating to - (A) the demarcation, mapping, monumentation, channel relocation, rectification, improvement, stabilization, and other matters relating to the preservation of the river boundaries between the United States and Mexico; (B) the establishment and delimitation of the maritime boundaries in the Gulf of Mexico and in the Pacific Ocean; (C) water resources; and (D) the sanitation and the prevention of pollution; (2) to acquire by donation, purchase, or condemnation, all lands or interests in lands required - (A) for transfer to Mexico as provided in the treaty; (B) for construction of that portion of new river channels and the adjoining levees in the territory of the United States; (C) to preserve the Rio Grande and the Colorado River as the boundary by preventing the construction of works which may cause deflection or obstruction of the normal flow of the rivers or of their floodflows; and (D) for relocation of any structure or facility, public or private, the relocation of which, in the judgment of the Commissioner, is necessitated by the project; and (3) to remove, modify, or repair the damages caused to Mexico by works constructed in the United States which the International Boundary and Water Commission, United States and Mexico, as determined have an adverse effect on Mexico, or to compensate Mexico for such damages. -SOURCE- (Pub. L. 92-549, title I, Sec. 101, Oct. 25, 1972, 86 Stat. 1161.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 92-549, Oct. 25, 1972, 86 Stat. 1161, which enacted sections 277d-34 to 277d-42 of this title and amended section 1322 of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out below and Tables. -MISC2- SHORT TITLE Section 1 of Pub. L. 92-549 provided: 'That this Act (enacting this section and sections 277d-35 to 277d-42 of this title and amending section 1322 of Title 19, Customs Duties) may be cited as the 'American-Mexican Boundary Treaty Act of 1972'.' ------DocID 30394 Document 20 of 55------ -CITE- 22 USC CHAPTER 34 -EXPCITE- TITLE 22 CHAPTER 34 -HEAD- CHAPTER 34 - THE PEACE CORPS -MISC1- Sec. 2501. Congressional declaration of purpose. 2501-1. Independent agency status of Peace Corps. 2501a. Voluntary service programs. (a) Congressional declaration of policy of encouragement. (b) Limitations on executive activities and use of funds. (c) Compromise of national character. 2502. Presidential authorization; appropriations and financial readjustments. (a) Terms and conditions of authorization. (b) Authorization of appropriations. (c) Appropriations for increases in salary, pay, etc. (d) Integration of women into national economics. (e), (f) Repealed. (g) Redesignated (d). (h) Integration of disabled people. 2503. Director and Deputy Director; delegation of functions. (a) Appointment. (b) Exercise of functions by Director. (c) Powers and functions of Secretary of State; coordination of activities; responsibility for supervision and direction of programs. (d) Prohibition on performance of services more usefully performed by other agencies. 2504. Peace Corps volunteers. (a) Persons eligible; terms and conditions of service; Federal employee status; racial, sex, religious, or color discrimination. (b) Living allowances, travel, leave and related items; transfers of supplies and equipment. (c) Readjustment allowances. (d) Repealed. (e) Health care. (f) Retirement and other credits based upon length of service. (g) Assignment to other entities. (h) Tort claims; absentee voting; general average contributions for transportation of baggage; check cashing and currency exchange; claims for overpayment of pay; passport fees. (i) Termination of service. (j) Oath of office. (k) Counseling programs for returned volunteers. (l) Legal expenses of defendant in judicial or administrative proceedings. (m) Allowances and expenses of minor children. (n) Moving expenses. 2505. Peace Corps volunteer leaders; number; applicability of chapter; benefits. 2506. Peace Corps employees. (a) Foreign employment; compensation, allowances, and benefits; utilization of Presidential authority respecting Foreign Service; additional compensation and differentials; additional governmental employment by person receiving Foreign Service Reserve or staff appointment or assignment; limitation on length of employment. (b) Repealed. (c) Peace Corps representatives; terms and conditions of service; removal. 2507. Training program. (a) Applicants for enrollment and enrolled volunteers. (b) Citizen trainees for voluntary programs; foreign nationals as trainees; advances of funds or reimbursement basis; use of credits. (c) Instruction in communism. 2508. Foreign participants; admission into the United States as nonimmigrants; deportation. 2509. Presidential powers and authorities. (a) Contract authority; assignment of volunteers; acceptance of voluntary services and gifts and transfers of property; personal service contracts. (b) Claim settlements. (c) Three-year contract authority. (d) Waiver of certain Federal laws. (e) Allocation of funds. (f) Utilization of other Government agency services and facilities. (g) Reimbursement for commodities, services and facilities. (h) Hospitalization and medical treatment for Foreign Service local employees. (i) Procurement of legal services. (j) Malpractice protection. 2510. Reports to Congress. 2511. Peace Corps National Advisory Council. (a) Establishment. (b) Functions. (c) Membership. (d) Compensation. (e) Quorum. (f) Financial interests of members. (g) Chair and Vice Chair. (h) Meetings, bylaws, and regulations. (i) Reports to the President and the Director. (j) Administrative assistance. 2512. Experts and consultants. (a) Employment; compensation, travel expenses and per diem; renewal of contracts. (b) Exemption from restrictions upon receipt of retirement benefits. 2513. Assignment of personnel to foreign governments or international organizations. (a) Authority; oath of allegiance. (b) Benefits of detailed personnel. (c) Reimbursement provisions. 2514. Use of funds. (a) Administrative and other expenses. (b) Travel expenses abroad; transportation of personal effects, household goods and automobiles; storage. (c) Costs of training personnel employed or assigned overseas. (d) Payment of expenses. 2515. Repealed. 2516. Use of foreign currencies. 2517. Activities promoting Americans' understanding of other peoples. 2518. Seal and name. (a) Judicial notice. (b) Exclusiveness of use; penalties for violations; injunctions. 2519. Security investigations. 2520. Military training and service exemption. 2521. Foreign language proficiency. 2521a. Nonpartisan appointments. 2522. Definitions. 2523. Separability. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2275, 2371, 2398, 4071c, 5424 of this title; title 5 section 8332; title 20 sections 1077, 1078, 1087dd, 1087ee, 1092; title 26 sections 912, 3121, 3122, 6051; title 42 sections 294d, 294n, 297b, 405, 409, 410, 12524, 12639. ------DocID 31511 Document 21 of 55------ -CITE- 24 USC Sec. 34 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 34. Hospitalization of persons outside continental limits of United States; persons entitled; availability of other facilities; rate of charges; disposition of payments -STATUTE- In addition to those persons, including the dependents of naval and Marine Corps personnel, now authorized to receive hospitalization at naval hospitals, hospitalization and dispensary service may be provided at naval hospitals and dispensaries outside of the continental limits of the United States and in Alaska, to the officers and employees of any department or agency of the Federal Government, to employees of a contractor with the United States or his subcontractor, to the dependents of such persons, and in emergencies to such other persons as the Secretary of the Navy may prescribe: Provided, That such hospitalization and dispensary service to other than the dependents of naval and Marine Corps personnel shall be permitted only where facilities are not otherwise available in reasonably accessible and appropriate non-Federal hospitals. The charge for hospitalization or dispensary service for persons other than dependents of naval and Marine Corps personnel as specified in this section shall be at such rates as the President shall from time to time prescribe, and shall be deposited as provided in section 32 (FOOTNOTE 1) of this title. (FOOTNOTE 1) See References in Text note below. -SOURCE- (May 10, 1943, ch. 95, Sec. 4, 57 Stat. 81.) -REFTEXT- REFERENCES IN TEXT Section 32 of this title, referred to in text, was repealed by act June 7, 1956, ch. 374, Sec. 306(2), 70 Stat. 254. See section 1071 et seq. of Title 10, Armed Forces. -TRANS- DELEGATION OF FUNCTIONS Authority of President under this section to prescribe from time to time uniform rates of charges for hospitalization and dispensary services delegated to Secretary of Defense, provided, that authority hereby delegated may not be redelegated to any officer in Department of the Navy, Department of the Air Force, or Department of the Army, see Ex. Ord. No. 11609, Sec. 5, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. -EXEC- EXECUTIVE ORDER NO. 11116 Ex. Ord. No. 11116, Aug. 5, 1963, 28 F.R. 8075, as amended by Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, which provided rates of charges for hospitalization and dispensary services, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 35 of this title. ------DocID 31706 Document 22 of 55------ -CITE- 25 USC Sec. 34, 35 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 34, 35. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, 642, 650 -MISC1- Section 34, acts Aug. 24, 1912, ch. 355, Sec. 8, 37 Stat. 487; June 6, 1939, ch. 185, 53 Stat. 810, authorized the superintendent, acting superintendent, and principal clerks of the different Indian superintendencies or Indian agencies to administer oaths to expense accounts. Section 35, R.S. Sec. 2064, authorized Indian Agents to take acknowledgements of deeds and to administer oaths. ------DocID 33503 Document 23 of 55------ -CITE- 25 USC CHAPTER 34 -EXPCITE- TITLE 25 CHAPTER 34 -HEAD- CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION -MISC1- Sec. 3201. Findings and purpose. (a) Findings. (b) Purpose. 3202. Definitions. 3203. Reporting procedures. (a) Omitted. (b) Notification of child abuse reports. (c) Written report of child abuse. (d) Confidentiality of informant. 3204. Central registry. (a) Preparation of study. (b) Content of study. (c) Submission to Congress. 3205. Confidentiality. 3206. Waiver of parental consent. (a) Examinations and interviews. (b) Interviews by law enforcement and child protective services officials. (c) Protection of child. (d) Court orders. 3207. Character investigations. (a) By Secretary of the Interior and Secretary of Health and Human Services. (b) Criminal records. (c) Investigations by Indian tribes and tribal organizations. 3208. Indian Child Abuse Treatment Grant Program. (a) Establishment. (b) Grant applications. (c) Maximum grant amount. (d) Grant administration and final report. (e) Authorization of appropriations. 3209. Indian Child Resource and Family Services Centers. (a) Establishment. (b) Memorandum of Agreement. (c) Center staffing. (d) Center responsibilities and functions. (e) Multidisciplinary team personnel. (f) Center advisory board. (g) Application of Indian Self-Determination Act to Centers. (h) Authorization of appropriations. 3210. Indian Child Protection and Family Violence Prevention Program. (a) Establishment. (b) Indian Self-Determination Act agreements. (c) Investigation and treatment and prevention of child abuse and family violence. (d) Program responsibilities and functions. (f) Secretarial regulations; base support funding. (g) Maintenance of effort. (h) Contract evaluation and annual report. (i) Authorization of appropriations. 3211. Report to Congress. ------DocID 33547 Document 24 of 55------ -CITE- 26 USC Sec. 34 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart C -HEAD- Sec. 34. Certain uses of gasoline and special fuels -STATUTE- (a) General rule There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of the amounts payable to the taxpayer - (1) under section 6420 with respect to gasoline used during the taxable year on a farm for farming purposes (determined without regard to section 6420(g)), (2) under section 6421 with respect to gasoline used during the taxable year (A) otherwise than as a fuel in a highway vehicle or (B) in vehicles while engaged in furnishing certain public passenger land transportation service (determined without regard to section 6421(i)), and (3) under section 6427 - (A) with respect to fuels used for nontaxable purposes or resold, or (B) with respect to any qualified diesel-powered highway vehicle purchased (or deemed purchased under section 6427(g)(6)), during the taxable year (determined without regard to section 6427(k)). (b) Exception Credit shall not be allowed under subsection (a) for any amount payable under section 6421 or 6427, if a claim for such amount is timely filed and, under section 6421(j) or 6427(k), is payable under such section. -SOURCE- (Added Pub. L. 89-44, title VIII, 809(c), June 21, 1965, 79 Stat. 167, Sec. 39, and amended Pub. L. 91-258, title II, Sec. 207(c), May 21, 1970, 84 Stat. 248; Pub. L. 94-455, title XIX, Sec. 1901(a)(3), 1906(b)(8), (9), Oct. 4, 1976, 90 Stat. 1764, 1834; Pub. L. 94-530, Sec. 1(c)(1), Oct. 17, 1976, 90 Stat. 2487; Pub. L. 95-599, title V, Sec. 505(c)(1), Nov. 6, 1978, 92 Stat. 2760; Pub. L. 95-618, title II, Sec. 233(b)(2)(C), Nov. 9, 1978, 92 Stat. 3191; Pub. L. 96-223, title II, Sec. 232(d)(4)(A), Apr. 2, 1980, 94 Stat. 278; Pub. L. 97-424, title V, Sec. 515(b)(6)(A)-(C), Jan. 6, 1983, 96 Stat. 2181; renumbered Sec. 34 and amended Pub. L. 98-369, div. A, title IV, Sec. 471(c), title IX, Sec. 911(d)(2)(A), July 18, 1984, 98 Stat. 826, 1006; Pub. L. 99-514, title XVII, Sec. 1703(e)(2)(F), title XVIII, Sec. 1877(a), Oct. 22, 1986, 100 Stat. 2778, 2902; Pub. L. 100-647, title I, Sec. 1017(c)(2), Nov. 10, 1988, 102 Stat. 3576.) -MISC1- PRIOR PROVISIONS A prior section 34, acts Aug. 16, 1954, ch. 736, 68A Stat. 13; June 25, 1959, Pub. L. 86-69, Sec. 3(a)(1), 73 Stat. 139; Sept. 14, 1960, Pub. L. 86-779, Sec. 10(e), 74 Stat. 1009; Feb. 26, 1964, Pub. L. 88-272, title II, Sec. 201(a), 78 Stat. 31, relating to dividends received by individuals, was repealed by Pub. L. 88-272, title II, Sec. 201(b), Feb. 26, 1964, 78 Stat. 31, effective with respect to dividends received after Dec. 31, 1964. AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-647 substituted 'section 6421(j) or 6427(k)' for 'section 6421(i) or 6427(j)'. 1986 - Subsec. (a)(3). Pub. L. 99-514, Sec. 1877(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: 'under section 6427 with respect to fuels used for nontaxable purposes or resold during the taxable year (determined without regard to section 6427(j)).' Pub. L. 99-514, Sec. 1703(e)(2)(F), substituted '6427(k)' for '6427(j)'. 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 39 of this title as this section. Subsec. (a)(3). Pub. L. 98-369, Sec. 911(d)(2)(A), which directed the amendment of par. (4) by substituting '6427(j)' for '6427(i)' was executed to par. (3) to reflect the probable intent of Congress and the redesignation of par. (4) as (3) by Pub. L. 97-424. Subsec. (b). Pub. L. 98-369, Sec. 911(d)(2)(A), substituted '6427(j)' for '6427(i)'. 1983 - Pub. L. 97-424, Sec. 515(b)(6)(C), substituted 'and special fuels' for ', special fuels, and lubricating oil' after 'gasoline' in section catchline. Subsec. (a)(2) to (4). Pub. L. 97-424, Sec. 515(b)(6)(A), inserted 'and' at end of par. (2), redesignated par. (4) as (3), and struck out former (3) which referred to amounts payable to the taxpayer under section 6424 with respect to lubricating oil used during the taxable year for certain nontaxable purposes (determined without regard to section 6424(f)). Subsec. (b). Pub. L. 97-424, Sec. 515(b)(6)(B)(i), substituted '6421 or 6427' for '6421, 6424, or 6427' after 'amount payable under'. Pub. L. 97-424, Sec. 515(b)(6)(B)(ii), substituted '6421(i) or 6427(i)' for '6421(i), 6424(f), or 6427(i)' after 'and, under'. 1980 - Subsec. (a)(4). Pub. L. 96-223 substituted '6427(i)' for '6427(h)'. Subsec. (b). Pub. L. 96-223 substituted '6427(i)' for '6427(h)'. 1978 - Subsec. (a)(3). Pub. L. 95-618 substituted 'for certain nontaxable purposes' for 'otherwise than in a highway motor vehicle'. Subsec. (a)(4). Pub. L. 95-599 substituted '6427(h)' for '6427(g)'. Subsec. (b). Pub. L. 95-599 substituted '6427(h)' for '6427(g)'. 1976 - Subsec. (a)(1). Pub. L. 94-455, Sec. 1906(b)(8), substituted '6420(g)' for '6420(h)'. Subsec. (a)(3). Pub. L. 94-455, Sec. 1906(b)(9), substituted '6424(f)' for '6424(g)'. Subsec. (a)(4). Pub. L. 94-530 substituted '6427(g)' for '6427(f)'. Subsec. (b). Pub. L. 94-530, which directed the amendment of subsec. (c) by substituting '6427(g)' for '6427(f)', was executed to subsec. (b) to reflect the probable intent of Congress and the redesignation of subsec. (c) as (b) by Pub. L. 94-455. Pub. L. 94-455, Sec. 1901(a)(3), redesignated subsec. (c) as (b) and substituted 'section 6421(i), 6424(f), or 6427(f), is payable' for 'section 6421(i), 6424(g) or 6427(f) is payable'. Former subsec. (b), relating to determination of taxpayers first taxable year with respect to tax credit for certain uses of gasoline and lubricating oil, was struck out. Subsec. (c). Pub. L. 94-455, Sec. 1901(a)(3), redesignated subsec. (c) as (b). 1970 - Pub. L. 91-258, Sec. 207(c)(1), inserted reference to special fuels in section catchline. Subsec. (a)(4). Pub. L. 91-258, Sec. 207(c)(2), added par. (4). Subsec. (c). Pub. L. 91-258, Sec. 207(c)(3), (4), inserted references to sections 6427 and 6427(f), respectively. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1703(e)(2)(F) of Pub. L. 99-514 applicable to gasoline removed (as defined in section 4082 of this title as amended by section 1703 of Pub. L. 99-514) after Dec. 31, 1987, see section 1703(h) of Pub. L. 99-514 set out as a note under section 4081 of this title. Amendment by section 1877(a) of Pub. L. 99-514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99-514, set out as a note under section 48 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 911(d)(2)(A) of Pub. L. 98-369 effective Aug. 1, 1984, see section 911(e) of Pub. L. 98-369, set out as a note under section 6427 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Section 515(c) of Pub. L. 97-424 provided that: 'The amendments made by this section (amending sections 39 (now 34), 874, 882, 4101, 4102, 4221, 4222, 6201, 6206, 6416, 6421, 6504, 6675, 7210, 7603 to 7605, 7609, and 7610 of this title and repealing sections 4091 to 4094 and 6424 of this title) shall apply with respect to articles sold after the date of the enactment of this Act (Jan. 6, 1983).' EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-223 effective on Jan. 1, 1979, see section 232(h)(2) of Pub. L. 96-223, set out as a note under section 6427 of this title. EFFECTIVE DATE OF 1978 AMENDMENTS Section 233(d) of Pub. L. 95-618 provided that: 'The amendments made by this section (amending sections 39 (now 34), 4041, 4221, 4483, 6416, 6421, 6424, 6427, 6504, and 6675 of this title and amending a provision set out as a note under section 120 of Title 23, Highways) shall take effect on the first day of the first calendar month which begins more than 10 days after the date of the enactment of this Act (Nov. 9, 1978).' Amendment by Pub. L. 95-599 effective Jan. 1, 1979, see section 505(d) of Pub. L. 95-599, set out as a note under section 6427 of this title. EFFECTIVE DATE OF 1976 AMENDMENTS Amendment by Pub. L. 94-530 effective on Oct. 1, 1976, see section 1(d) of Pub. L. 94-530, set out as a note under section 4041 of this title. Amendment by section 1901(a)(3) of Pub. L. 94-455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as a note under section 2 of this title. Amendment by section 1906(b)(8), (9) of Pub. L. 94-455, to take effect on Feb. 1, 1977, see section 1906(d) of Pub. L. 94-455, set out as a note under section 6013 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-258 applicable with respect to taxable years ending after June 30, 1970, see section 211(b) of Pub. L. 91-258, set out as a note under section 4041 of this title. EFFECTIVE DATE Section applicable to taxable years beginning on or after July 1, 1965, see section 809(f) of Pub. L. 89-44, set out as an Effective Date of 1965 Amendment note under section 6420 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 874, 882, 921, 995, 1366, 1374, 1375, 1503, 4682, 6211, 6213, 6420, 6421, 6427, 9502, 9503, 9508 of this title. ------DocID 34787 Document 25 of 55------ -CITE- 26 USC CHAPTER 34 -EXPCITE- TITLE 26 Subtitle D CHAPTER 34 -HEAD- CHAPTER 34 - POLICIES ISSUED BY FOREIGN INSURERS -MISC1- Sec. 4371. Imposition of tax. 4372. Definitions. 4373. Exemptions. 4374. Liability for tax. PRIOR PROVISIONS The provisions of a prior chapter 34, Documentary Stamp Taxes, were set out as: Subchapter A, Issuance of capital stock and certificates of indebtedness by a corporation, comprising sections 4301 to 4305 and 4311 to 4316. Subchapter B, Sale or transfers of capital stock and certificates of indebtedness of a corporation, comprising sections 4321 to 4324, 4331 to 4333, 4341 to 4345, and 4351 to 4354. Subchapter C, Conveyances, comprising sections 4361 to 4363. Subchapter D, Policies issued by foreign insurers, comprising sections 4371 to 4375. Subchapter E, Miscellaneous provisions applicable to documentary stamp taxes, comprising sections 4381 to 4384. Subchapters A and B were repealed by Pub. L. 89-44, title IV, Sec. 401(a), June 21, 1965, 79 Stat. 148. Subchapter C was struck out by Pub. L. 94-455, title XIX, Sec. 1904(a)(12), Oct. 4, 1976, 90 Stat. 1812. Subchapter D heading was struck out, sections 4371 to 4373 were reenacted without change, section 4374, 'liability for tax', was substituted for section 4374, 'payment of tax', and section 4375 was struck out by Pub. L. 94-455, title XIX, Sec. 1904(a)(12). Subchapter E, section 4381 was repealed by Pub. L. 89-44, title IV, Sec. 401(c), June 21, 1965, 79 Stat. 148, and sections 4382 to 4384 were struck out by Pub. L. 94-455, title XIX, Sec. 1904(a)(12), Oct. 4, 1976, 90 Stat. 1812. The subject matter of the prior sections was as follows: A prior section 4301, acts Aug. 16, 1954, ch. 736, 68A Stat. 513; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1293; Apr. 8, 1960, Pub. L. 86-416, Sec. 1, 74 Stat. 36, imposed a tax, based upon the actual value of the certificates or shares, upon each original issue of shares or certificates of stock issued by a corporation. A prior section 4302, acts Aug. 16, 1954, ch. 736, 68A Stat. 513; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1293, made provision for a determination of tax in the case of recapitalization. A prior section 4303, acts Aug. 16, 1954, ch. 736, 68A Stat. 514; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1293 granted exemptions for common trust funds, pooled investment funds, and installment purchases of certain shares or certificates, and directed attention to section 4382 for other exemptions. A prior section 4304, acts Aug. 16, 1954, ch. 736, 68A Stat. 514; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, called for the affixing of the stamps representing the tax imposed by section 4301 upon the stock books or corresponding records of the corporation. A prior section 4305, acts Aug. 16, 1954, ch. 736, 68A Stat. 514; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, made cross-references to sections 4381 and 4384 and subtitle F. A prior section 4311, acts Aug. 16, 1954, ch. 736, 68A Stat. 514; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, imposed a tax on all certificates of indebtedness issued by a corporation. A prior section 4312, acts Aug. 16, 1954, ch. 736, Sec. 4312, formerly Sec. 4313, 68A Stat. 514, renumbered Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, provided that every renewal of any certificate of indebtedness should be taxed as a new issue. A prior section 4313, acts Aug. 16, 1954, ch. 736, Sec. 4313, formerly Sec. 4314, 68A Stat. 514, renumbered Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, provided for the method of determining the rate of taxation in the case of a bond conditioned for the repayment of money and given in a penal sum greater than the debt secured. A prior section 4314, acts Aug. 16, 1954, ch. 736, Sec. 4314, formerly Sec. 4315, 68A Stat. 514, renumbered Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, granted an exemption to instruments under the terms of which the obligee was required to make installment payments of not more than 20 percent annually, and made reference to section 4382 for other exemptions. A prior section 4315, acts Aug. 16, 1954, ch. 736, Sec. 4315, formerly Sec. 4316, 68A Stat. 514, renumbered and amended Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1294, made cross references to sections 4381 and 4384 and subtitle F. A prior section 4321, acts Aug. 16, 1954, ch. 736, 68A Stat. 515; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1295; Sept. 21, 1959, Pub. L. 86-344, Sec. 5(a), 73 Stat. 619, imposed a tax upon the sale or transfer of shares or certificates of stock or of rights to subscribe to receive such shares or certificates issued by a corporation. A prior section 4322, acts Aug. 16, 1954, ch. 736, 68A Stat. 515; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1295, granted exemptions in the case of sales by brokers or registered nominees and in the case of odd lot sales. A prior section 4323, acts Aug. 16, 1954, ch. 736, 68A Stat. 516; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1296; Sept. 21, 1959, Pub. L. 86-344, Sec. 5(b), 73 Stat. 619, called for the affixing of the stamps representing the tax upon the books of the corporation and the certification of the actual value of the shares transferred, and made reference to section 4352 in the case of transfers shown otherwise than by the books of the corporation. A prior section 4324, acts Aug. 16, 1954, ch. 736, 68A Stat. 516; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1296, made cross references to other sections and subtitles for definitions, penalties, and other general and administrative provisions. A prior section 4331, acts Aug. 16, 1954, ch. 736, 68A Stat. 516; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1296, imposed a tax upon each sale or transfer of any certificate of indebtedness issued by a corporation. A prior section 4332, acts Aug. 16, 1954, ch. 736, 68A Stat. 516; Jan. 28, 1956, ch. 19, 70 Stat. 9; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1296, granted exemptions in the case of transfers and sales by brokers and installment purchases of obligations and made reference to other exemptions listed in other sections. A prior section 4333, acts Aug. 16, 1954, ch. 736, 68A Stat. 516; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1296, made cross references to other sections and subtitles for definitions, penalties, and other general and administrative provisions. A prior section 4341, acts Aug. 16, 1954, ch. 736, 68A Stat. 517; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1297, granted an exemption from the imposition of the tax under sections 4321 and 4331 in the case of transfers as collateral security and as security for performance. A prior section 4342, acts Aug. 16, 1954, ch. 736, 68A Stat. 517; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1297, granted exemptions in the case of delivery or transfer of instruments by a fiduciary to his nominee or between nominees or by a custodian. A prior section 4343, acts Aug. 16, 1954, ch. 736, 68A Stat. 517; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1297, provided that taxes imposed by sections 4321 and 4331 would not apply in specified cases involving decedents, minors, incompetents, financial institutions, bankrupts, successors, foreign governments and aliens, trustees, and survivors. A prior section 4344, Pub. L. 85-859, title I, Sec. 141(a), Sept. 2, 1958, 72 Stat. 1298, made provision for an exemption from tax in the case of specified loan transactions, worthless stock and obligations, and transfers between certain revocable trusts. A prior section 4345, acts Aug. 16, 1954, ch. 736, Sec. 4345, formerly Sec. 4344, 68A Stat. 518, renumbered and amended Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1298, required an exemption certificate setting forth the facts as prescribed by regulations. A prior section 4346, acts Aug. 16, 1954, ch. 736, Sec. 4346, formerly Sec. 4345, 68A Stat. 518, renumbered Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1298, made cross reference to other sections for additional exemptions. A prior section 4351, acts Aug. 16, 1954, ch. 736, 68A Stat. 518; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1299, defined registered nominee and sale or transfer. A prior section 4352, acts Aug. 16, 1954, ch. 736, Sec. 4352, formerly Sec. 4353, 68A Stat. 519, renumbered Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1299, provided for the affixing of the stamps required either on the instrument itself or on the memorandum or bill of sale. A prior section 4353, Pub. L. 85-859, title I, Sec. 141(a), Sept. 2, 1958, 72 Stat. 1299, made provision for the payment of tax through the national securities exchanges without the use of stamps. A prior section 4354, acts Aug. 16, 1954, ch. 736, 68A Stat. 519; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1299, made cross references to section 4384 and subtitle F for penalties and other general and administrative provisions. A prior section 4361, acts Aug. 16, 1954, ch. 736, 68A Stat. 520; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1299; June 21, 1965, Pub. L. 89-44, title IV, Sec. 401(b), 79 Stat. 148, related to the imposition of a tax on each deed, instrument, or writing by which any realty is sold, assigned, transferred, or otherwise conveyed. A prior section 4362, acts Aug. 16, 1954, ch. 736, 68A Stat. 520; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1300, related to exemptions to the tax imposed by former section 4361. A prior section 4363, acts Aug. 16, 1954, ch. 736, 68A Stat. 520; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1300, related to cross references to former section 4384 and subtitle F of this title. A prior section 4375, acts Aug. 16, 1954, ch. 736, 68A Stat. 522; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1301, made cross-references to section 4384 and subtitle F. A prior section 4381, acts Aug. 16, 1954, ch. 736, 68A Stat. 523, Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1302, defined certificates of indebtedness, corporation, and shares or certificates of stock. A prior section 4382, acts Aug. 16, 1954, ch. 736, 68A Stat. 523; Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1302; Oct. 16, 1962, Pub. L. 87-834, Sec. 6(e)(2), 76 Stat. 984, granted exemptions to Government and state obligations, etc. A prior section 4383, Pub. L. 85-859, title I, 141(a), Sept. 2, 1958, 72 Stat. 1303, related to the taxation of continuing and terminated partnerships. A prior section 4384, acts Aug. 16, 1954, ch. 736, 68A Stat. 524, Sec. 4384, formerly Sec. 4383, renumbered and amended Sept. 2, 1958, Pub. L. 85-859, title I, Sec. 141(a), 72 Stat. 1303, related to liability for the tax. AMENDMENTS 1976 - Pub. L. 94-455, title XIX, Sec. 1904(a)(12), Oct. 4, 1976, 90 Stat. 1812, substituted 'Policies Issued by Foreign Insurers' for 'Documentary Stamp Taxes' as chapter heading and struck out items relating to subchapters C to E. 1965 - Pub. L. 89-44, title IV, Sec. 401(a), June 21, 1965, 79 Stat. 148, struck out items relating to subchapters A and B. EFFECTIVE DATES OF REPEAL Section 701(c)(1) of Pub. L. 89-44 provided that: 'The amendments made by section 401 (repealing sections 4301 to 4305, 4311 to 4315, 4321 to 4324, 4331 to 4333, 4341 to 4346, 4351 to 4354 and 4381 of this title) (relating to documentary stamp taxes) shall apply on and after January 1, 1966.' Repeal of sections 4361 to 4363, 4375, 4382 to 4384 by section 1904(a)(12) of Pub. L. 94-455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1904(d) of Pub. L. 94-455, set out as an Effective Date of 1976 Amendment note under section 4041 of this title. ------DocID 35922 Document 26 of 55------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 34 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 34. Petition -STATUTE- (a) General: (1) Deficiency or Liability Actions: The petition with respect to a notice of deficiency or a notice of liability shall be substantially in accordance with Form 1 shown in Appendix I, and shall comply with the requirements of these Rules relating to pleadings. Ordinarily, a separate petition shall be filed with respect to each notice of deficiency or each notice of liability. However, a single petition may be filed seeking a redetermination with respect to all notices of deficiency or liability directed to one person alone or to such person and one or more other persons or to a husband and a wife individually, except that the Court may require a severance and a separate case to be maintained with respect to one or more of such notices. Where the notice of deficiency or liability is directed to more than one person, each such person desiring to contest it shall file a petition, either separately or jointly with any such other person, and each such person must satisfy all the requirements of this Rule in order for the petition to be treated as filed by or for such person. The petition shall be complete, so as to enable ascertainment of the issues intended to be presented. No telegram, cablegram, radiogram, telephone call, electronically transmitted copy, or similar communication will be recognized as a petition. Failure of the petition to satisfy applicable requirements may be ground for dismissal of the case. As to the joinder of parties, see Rule 61; and as to the effect of misjoinder of parties, see Rule 62. For the circumstances under which a timely mailed petition will be treated as having been timely filed, see Code Section 7502. (2) Other Actions: For the requirements relating to the petition in declaratory judgment actions, in disclosure actions, in partnership actions, or in administrative costs actions, see Rule 211(b), 221(b), 241(b), and 271(b), respectively. As to joinder of parties in declaratory judgment actions and in disclosure actions, see Rules 215 and 226, respectively. (b) Content of Petition in Deficiency or Liability Actions: The petition in a deficiency or liability action shall contain (see Form 1, Appendix I): (1) In the case of a petitioner other than a corporation, the petitioner's name and legal residence; in the case of a corporate petitioner, its name and principal place of business or principal office or agency; and, in all cases, the petitioner's mailing address and identification number (e.g., Social Security number or employer identification number) and the office of the Internal Revenue Service with which the tax return for the period in controversy was filed. The mailing address, legal residence, principal place of business, or principal office or agency shall be stated as of the date of filing the petition. In the event of a variance between the name set forth in the notice of deficiency or liability and the correct name, a statement of the reasons for such variance shall be set forth in the petition. (2) The date of the notice of deficiency or liability, or other proper allegations showing jurisdiction in the Court, and the City and State of the office of the Internal Revenue Service which issued the notice. (3) The amount of the deficiency or liability, as the case may be, determined by the Commissioner, the nature of the tax, the year or years or other periods for which the determination was made; and, if different from the Commissioner's determination, the approximate amount of taxes in controversy. (4) Clear and concise assignments of each and every error which the petitioner alleges to have been committed by the Commissioner in the determination of the deficiency or liability. The assignments of error shall include issues in respect of which the burden of proof is on the Commissioner. Any issue not raised in the assignment of errors shall be deemed to be conceded. Each assignment of error shall be separately lettered. (5) Clear and concise lettered statements of the facts on which petitioner bases the assignments of error, except with respect to those assignments of error as to which the burden of proof is on the Commissioner. (6) A prayer setting forth relief sought by the petitioner. (7) The signature, mailing address, and telephone number of each petitioner or each petitioner's counsel, as well as counsel's Tax Court bar number. (8) A copy of the notice of deficiency or liability, as the case may be, which shall be appended to the petition, and with which there shall be included so much of any statement accompanying the notice as is material to the issues raised by the assignments of error. If the notice of deficiency or liability or accompanying statement incorporates by reference any prior notices, or other material furnished by the Internal Revenue Service, such parts thereof as are material to the issues raised by the assignments of error likewise shall be appended to the petition. A claim for reasonable litigation or administrative costs shall not be included in the petition in a deficiency or liability action. For the requirements as to claims for reasonable litigation or administrative costs, see Rule 231. (c) Content of Petition in Other Actions: For the requirements as to the content of the petition in other actions, see Rule 211(c), (d), and (e), Rule 221(c), (d), and (e), Rule 241(c), (d), and (e), and Rule 271(b). (d) Number Filed: For each petition filed, there shall be a signed original together with two conformed copies. ------DocID 37016 Document 27 of 55------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 34 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 34. Oral argument -STATUTE- (a) In general; local rule. - Oral argument shall be allowed in all cases unless pursuant to local rule a panel of three judges, after examination of the briefs and record, shall be unanimously of the opinion that oral argument is not needed. Any such local rule shall provide any party with an opportunity to file a statement setting forth the reasons why oral argument should be heard. A general statement of the criteria employed in the administration of such local rule shall be published in or with the rule and such criteria shall conform substantially to the following minimum standard: Oral argument will be allowed unless (1) the appeal is frivolous; or (2) the dispositive issue or set of issues has been recently authoritatively decided; or (3) the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. (b) Notice of argument; postponement. - The clerk shall advise all parties whether oral argument is to be heard, and if so, of the time and place therefor, and the time to be allowed each side. A request for postponement of the argument or for allowance of additional time must be made by motion filed reasonably in advance of the date fixed for hearing. (c) Order and content of argument. - The appellant is entitled to open and conclude the argument. The opening argument shall include a fair statement of the case. Counsel will not be permitted to read at length from briefs, records or authorities. (d) Cross and separate appeals. - A cross or separate appeal shall be argued with the initial appeal at a single argument, unless the court otherwise directs. If a case involves a cross-appeal, the plaintiff in the action below shall be deemed the appellant for the purpose of this rule unless the parties otherwise agree or the court otherwise directs. If separate appellants support the same argument, care shall be taken to avoid duplication of argument. (e) Non-appearance of parties. - If the appellee fails to appear to present argument, the court will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the court may hear argument on behalf of the appellee, if present. If neither party appears, the case will be decided on the briefs unless the court shall otherwise order. (f) Submission on briefs. - By agreement of the parties, a case may be submitted for decision on the briefs, but the court may direct that the case be argued. (g) Use of physical exhibits at argument; removal. - If physical exhibits other than documents are to be used at the argument, counsel shall arrange to have them placed in the court room before the court convenes on the date of the argument. After the argument counsel shall cause the exhibits to be removed from the court room unless the court otherwise directs. If exhibits are not reclaimed by counsel within a reasonable time after notice is given by the clerk, they shall be destroyed or otherwise disposed of as the clerk shall think best. -SOURCE- (As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES A majority of circuits now limit oral argument to thirty minutes for each side, with the provision that additional time may be made available upon request. The Committee is of the view that thirty minutes to each side is sufficient in most cases, but that where additional time is necessary it should be freely granted on a proper showing of cause therefor. It further feels that the matter of time should be left ultimately to each court of appeals, subject to the spirit of the rule that a reasonable time should be allowed for argument. The term 'side' is used to indicate that the time allowed by the rule is afforded to opposing interests rather than to individual parties. Thus if multiple appellants or appellees have a common interest, they constitute only a single side. If counsel for multiple parties who constitute a single side feel that additional time is necessary, they may request it. In other particulars this rule follows the usual practice among the circuits. See 3d Cir. Rule 31; 6th Cir. Rule 20; 10th Cir. Rule 23. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1979 AMENDMENT The proposed amendment, patterned after the recommendations in the Report of the Commission on Revision of the Federal Court Appellate System, Structure and Internal Procedures: Recommendations for Change, 1975, created by Public Law 489 of the 92nd Cong. 2nd Sess., 86 Stat. 807, sets forth general principles and minimum standards to be observed in formulating any local rule. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1986 AMENDMENT The amendments to Rules 34(a) and (e) are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Rehearing, no oral argument permitted, see rule 40. ------DocID 37078 Document 28 of 55------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 34 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes -STATUTE- (a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b). (b) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. (c) Persons Not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land. -SOURCE- (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES In England orders are made for the inspection of documents, English Rules Under the Judicature Act (The Annual Practice, 1937) O. 31, r.r. 14, et seq., or for the inspection of tangible property or for entry upon land, O. 50, r.3. Michigan provides for inspection of damaged property when such damage is the ground of the action. Mich.Court Rules Ann. (Searl, 1933) Rule 41, Sec. 2. Practically all states have statutes authorizing the court to order parties in possession or control of documents to permit other parties to inspect and copy them before trial. See Ragland, Discovery Before Trial (1932), Appendix, p. 267, setting out the statutes. Compare (former) Equity Rule 58 (Discovery - Interrogatories - Inspection and Production of Documents - Admission of Execution or Genuineness) (fifth paragraph). NOTES OF ADVISORY COMMITTEE ON RULES - 1946 AMENDMENT Note. The changes in clauses (1) and (2) correlate the scope of inquiry permitted under Rule 34 with that provided in Rule 26(b), and thus remove any ambiguity created by the former differences in language. As stated in Olson Transportation Co. v. Socony-Vacuum Oil Co., E.D.Wis. 1944, 8 Fed.Rules Serv. 34.41, Case 2, '. . . Rule 34 is a direct and simple method of discovery.' At the same time the addition of the words following the term 'parties' makes certain that the person in whose custody, possession, or control the evidence reposes may have the benefit of the applicable protective orders stated in Rule 30(b). This change should be considered in the light of the proposed expansion of Rule 30(b). An objection has been made that the word 'designated' in Rule 34 has been construed with undue strictness in some district court cases so as to require great and impracticable specificity in the description of documents, papers, books, etc., sought to be inspected. The Committee, however, believes that no amendment is needed, and that the proper meaning of 'designated' as requiring specificity has already been delineated by the Supreme Court. See Brown v. United States, 1928, 276 U.S. 134, 143, 48 S.Ct. 288 ('The subpoena . . . specifies . . . with reasonable particularity the subjects to which the documents called for related.'); Consolidated Rendering Co. v. Vermont, 1908, 207 U.S. 541, 543-544, 28 S.Ct. 178 ('We see no reason why all such books, papers and correspondence which related to the subject of inquiry, and were described with reasonable detail, should not be called for and the company directed to produce them. Otherwise, the State would be compelled to designate each particular paper which it desired, which presupposes an accurate knowledge of such papers, which the tribunal desiring the papers would probably rarely, if ever, have.'). NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT Rule 34 is revised to accomplish the following major changes in the existing rule: (1) to eliminate the requirement of good cause; (2) to have the rule operate extrajudicially; (3) to include testing and sampling as well as inspecting or photographing tangible things; and (4) to make clear that the rule does not preclude an independent action for analogous discovery against persons not parties. Subdivision (a). Good cause is eliminated because it has furnished an uncertain and erratic protection to the parties from whom production is sought and is now rendered unnecessary by virtue of the more specific provisions added to Rule 26(b) relating to materials assembled in preparation for trial and to experts retained or consulted by parties. The good cause requirement was originally inserted in Rule 34 as a general protective provision in the absence of experience with the specific problems that would arise thereunder. As the note to Rule 26(b)(3) on trial preparation materials makes clear, good cause has been applied differently to varying classes of documents, though not without confusion. It has often been said in court opinions that good cause requires a consideration of need for the materials and of alternative means of obtaining them, i.e., something more than relevance and lack of privilege. But the overwhelming proportion of the cases in which the formula of good cause has been applied to require a special showing are those involving trial preparation. In practice, the courts have not treated documents as having a special immunity to discovery simply because of their being documents. Protection may be afforded to claims of privacy or secrecy or of undue burden or expense under what is now Rule 26(c) (previously Rule 30(b)). To be sure, an appraisal of 'undue' burden inevitably entails consideration of the needs of the party seeking discovery. With special provisions added to govern trial preparation materials and experts, there is no longer any occasion to retain the requirement of good cause. The revision of Rule 34 to have it operate extrajudicially, rather than by court order, is to a large extent a reflection of existing law office practice. The Columbia Survey shows that of the litigants seeking inspection of documents or things, only about 25 percent filed motions for court orders. This minor fraction nevertheless accounted for a significant number of motions. About half of these motions were uncontested and in almost all instances the party seeking production ultimately prevailed. Although an extrajudicial procedure will not drastically alter existing practice under Rule 34 - it will conform to it in most cases - it has the potential of saving court time in a substantial though proportionately small number of cases tried annually. The inclusion of testing and sampling of tangible things and objects or operations on land reflects a need frequently encountered by parties in preparation for trial. If the operation of a particular machine is the basis of a claim for negligent injury, it will often be necessary to test its operating parts or to sample and test the products it is producing. Cf. Mich.Gen.Ct.R. 310.1(1) (1963) (testing authorized). The inclusive description of 'documents' is revised to accord with changing technology. It makes clear that Rule 34 applies to electronic data compilations from which information can be obtained only with the use of detection devices, and that when the data can as a practical matter be made usable by the discovering party only through respondent's devices, respondent may be required to use his devices to translate the data into usable form. In many instances, this means that respondent will have to supply a print-out of computer data. The burden thus placed on respondent will vary from case to case, and the courts have ample power under Rule 26(c) to protect respondent against undue burden of expense, either by restricting discovery or requiring that the discovering party pay costs. Similarly, if the discovering party needs to check the electronic source itself, the court may protect respondent with respect to preservation of his records, confidentially of nondiscoverable matters, and costs. Subdivision (b). The procedure provided in Rule 34 is essentially the same as that in Rule 33, as amended, and the discussion in the note appended to that rule is relevant to Rule 34 as well. Problems peculiar to Rule 34 relate to the specific arrangements that must be worked out for inspection and related acts of copying, photographing, testing, or sampling. The rule provides that a request for inspection shall set forth the items to be inspected either by item or category, describing each with reasonable particularity, and shall specify a reasonable time, place, and manner of making the inspection. Subdivision (c). Rule 34 as revised continues to apply only to parties. Comments from the bar make clear that in the preparation of cases for trial it is occasionally necessary to enter land or inspect large tangible things in the possession of a person not a party, and that some courts have dismissed independent actions in the nature of bills in equity for such discovery on the ground that Rule 34 is preemptive. While an ideal solution to this problem is to provide for discovery against persons not parties in Rule 34, both the jurisdictional and procedural problems are very complex. For the present, this subdivision makes clear that Rule 34 does not preclude independent actions for discovery against persons not parties. NOTES OF ADVISORY COMMITTEE ON RULES - 1980 AMENDMENT Subdivision (b). The Committee is advised that, 'It is apparently not rare for parties deliberately to mix critical documents with others in the hope of obscuring significance.' Report of the Special Committee for the Study of Discovery Abuse, Section of Litigation of the American Bar Association (1977) 22. The sentence added by this subdivision follows the recommendation of the Report. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendment is technical. No substantive change is intended. -CROSS- FORMS Motion for production of documents, etc., see form 24, Appendix of Forms. CROSS REFERENCES Consequences of failure to comply with order, see rule 37. Perpetuation of testimony, order and examination, see rule 27. Subpoena for production of documentary evidence, see rule 45. Summary judgment, continuance to procure discovery opposing, see rule 56. ------DocID 37177 Document 29 of 55------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 34 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 34. Consent To Proceed Before a United States Magistrate, Election of Appeal to District Judge, and Order of Reference -STATUTE- UNITED STATES DISTRICT COURT FOR THE XXXXX DISTRICT OF XXXXXXXX XXXXXXXXXXXXXXXX Plaintiff, vs. W Docket No. XXXX Defendant. XXXXXXXXXXXXXXXX CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE In accordance with the provisions of Title 28, U.S.C. Sec. 636(c), the parties to the above-captioned civil matter hereby voluntarily waive their rights to proceed before a judge of the United States district court and consent to have a United States magistrate conduct any and all further proceedings in the case, including trial, and order the entry of a final judgment. XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXX XXXXXXXX Date ELECTION OF APPEAL TO DISTRICT JUDGE (Do not execute this portion of the Consent Form if the parties desire that the appeal lie directly to the court of appeals.) In accordance with the provisions of Title 28, U.S.C. Sec. 636(c)(4), the parties elect to take any appeal in this case to a district judge. XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXX XXXXXXXX Date ORDER OF REFERENCE IT IS HEREBY ORDERED that the above-captioned matter be referred to United States Magistrate XXXXXX for all further proceedings and the entry of judgment in accordance with Title 28, U.S.C. Sec. 636(c) and the foregoing consent of the parties. XXXXXXXXXXXXXX U.S. District Judge Note: Return this form to the Clerk of the Court only if all parties have consented to proceed before a magistrate. -SOURCE- (Added Apr. 28, 1983, eff. Aug. 1, 1983.) ------DocID 37301 Document 30 of 55------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 34 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 34. Form of Typewritten Papers -STATUTE- .1. Any paper specifically permitted by these Rules to be presented to the Court without being printed shall, subject to Rule 39.3, be typewritten on opaque, unglazed paper 8 1/2 x 11 inches in size and shall be stapled or bound at the upper left-hand corner. The typed matter, except quotations, must be double spaced. Copies, if required, must be produced on the same type of paper. All copies presented to the Court must be legible. .2. The original of any motion or application (except a motion to dismiss or affirm under Rule 18.6) must be signed in manuscript by the party proceeding pro se or by counsel of record who must be a member of the Bar of this Court. ------DocID 37356 Document 31 of 55------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 34 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 34. Production of Documents and Things and Entry upon Land for Inspection and Other Purposes -STATUTE- (a) Scope. Any party may serve on any other party a request: (1) to produce and permit the party making the request, or someone acting on such party's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody, or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b). (b) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon the United States after service of the complaint. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that the United States may serve a response within 45 days after service of the complaint. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. (c) Persons Not Parties. (Not Used.) (d) Calls. (1) Issuance. Pursuant to 28 U.S.C. Sec. 2507(a), the court at any time (A) may call upon any department or agency of the United States for any information or papers it deems necessary to be filed with the clerk within a specified time, or (B) in any case appropriate for a computation by a department or agency of the United States, the court, upon the motion of a party or on its own motion, may issue a call for the computation. Within 30 days after the clerk has served notice of the filing of the computation, each party shall file with the clerk its acceptance or rejection of the computation. A rejection shall be accompanied by a statement of the reasons therefor. (2) Refusal of Compliance. The head of any department or agency of the United States may refuse to comply with such a call when, in the head of the department's or agency's opinion, compliance will be injurious to the public interest. Such refusal may be made known by a communication signed by the head of the department or agency and filed with the clerk. ------DocID 37463 Document 32 of 55------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 34 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes -STATUTE- (a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b). (b) Procedure. The request may, without leave of court, be served upon the plaintiff after filing of the complaint and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected by either individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. -SOURCE- (As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988.) ------DocID 38501 Document 33 of 55------ -CITE- 30 USC Sec. 34 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 34. Description of vein claims on surveyed and unsurveyed lands; monuments on ground to govern conflicting calls -STATUTE- The description of vein or lode claims upon surveyed lands shall designate the location of the claims with reference to the lines of the public survey, but need not conform therewith; but where patents have been or shall be issued for claims upon unsurveyed lands, the Director of the Bureau of Land Management in extending the public survey, shall adjust the same to the boundaries of said patented claims so as in no case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued for mineral lands, those lands only shall be segregated and shall be deemed to be patented which are bounded by the lines actually marked, defined, and established upon the ground by the monuments of the official survey upon which the patent grant is based, and the Director of the Bureau of Land Management in executing subsequent patent surveys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The said monuments shall at all times constitute the highest authority as to what land is patented, and in case of any conflict between the said monuments of such patented claims and the descriptions of said claims in the patents issued therefor the monuments on the ground shall govern, and erroneous or inconsistent descriptions or calls in the patent descriptions shall give way thereto. -SOURCE- (R.S. Sec. 2327; Apr. 28, 1904, ch. 1796, 33 Stat. 545; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -COD- CODIFICATION R.S. Sec. 2327 derived from act May 10, 1872, ch. 152, Sec. 8, 17 Stat. 94. -MISC3- AMENDMENTS 1925 - Act Mar. 3, 1925, affected words now reading 'United States supervisor of surveys' in first and second sentences of text. These words formerly read 'the surveyor-general.' This act abolished the office of surveyor general, and transferred to and consolidated with the Field Surveying Service, under the jurisdiction of the U.S. Supervisor of Surveys, the administration, equipment, etc., of such office. -TRANS- TRANSFER OF FUNCTIONS Director of the Bureau of Land Management, substituted for United States Supervisor of Surveys wherever appearing. In the establishment of the Bureau of Land Management by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees, the office of Supervisor of Surveys was abolished and the functions and powers were transferred to the Secretary of the Interior, to be performed by such officers or agencies of the Department as might be designated by the Secretary. Under that authority, the functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief Cadastral Engineer, subject to the supervision of the Director of the Bureau of Land Management. In the general reorganization and realignment of functions of the Bureau, the office of the Chief Cadastral Engineer was abolished, and the functions of that office have been delegated to the Director of the Bureau of Land Management. See 43 C.F.R. Sec. 9180.0-3(a)(1). See also note set out under section 1 of this title. -CROSS- CROSS REFERENCES Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714, 1732. ------DocID 39714 Document 34 of 55------ -CITE- 33 USC Sec. 34 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 34. Mill Slough, Oregon -STATUTE- Mill Slough, a tidal tributary of Coos Bay, lying within the limits of the city of Marshfield, State of Oregon, is declared to be not a navigable waterway of the United States, within the meaning of the laws enacted by Congress for the preservation and protection of such waterways, and the consent of Congress is given to the filling in of said slough by the said city of Marshfield. -SOURCE- (Oct. 23, 1913, ch. 33, 38 Stat. 233.) ------DocID 40744 Document 35 of 55------ -CITE- 33 USC CHAPTER 34 -EXPCITE- TITLE 33 CHAPTER 34 -HEAD- CHAPTER 34 - INLAND NAVIGATIONAL RULES -MISC1- SUBCHAPTER I - RULES PART A - GENERAL Sec. 2001. Application (Rule 1). (a) United States inland waters and Canadian waters of the Great Lakes. (b) International Regulations. (c) Special rules. (d) Vessel traffic service regulations. (e) Alternative compliance. (f) Acceptance of certificates of alternative compliance from contracting parties to International Regulations. 2002. Responsibility (Rule 2). (a) Exoneration. (b) Departure from rules when necessary to avoid immediate danger. 2003. Definitions (Rule 3). PART B - STEERING AND SAILING RULES SUBPART I - CONDUCT OF VESSELS IN ANY CONDITION OF VISIBILITY 2004. Application (Rule 4). 2005. Look-out (Rule 5). 2006. Safe speed (Rule 6). 2007. Risk of collision (Rule 7). (a) Determination if risk exists. (b) Radar. (c) Scanty information. (d) Considerations taken into account in determining if risk exists. 2008. Action to avoid collision (Rule 8). (a) General characteristics of action taken to avoid collision. (b) Readily apparent alterations in course or speed. (c) Alteration of course to avoid close-quarters situation. (d) Action to result in passing at safe distance. (e) Slackening of vessel speed; stopping or reversing means of propulsion. 2009. Narrow channels (Rule 9). (a) Keeping near to outer limit of channel or fairway which lies on vessel's starboard side; exception. (b) Vessels of less than 20 meters in length; sailing vessels. (c) Vessels engaged in fishing. (d) Crossing narrow channels or fairways. (e) Overtaking vessels. (f) Areas of obscured visibility due to intervening obstructions. (g) Avoidance of anchoring in narrow channels. 2010. Vessel traffic services (Rule 10). SUBPART II - CONDUCT OF VESSELS IN SIGHT OF ONE ANOTHER 2011. Application (Rule 11). 2012. Sailing vessels (Rule 12). (a) Keeping out of the way. (b) Windward side. 2013. Overtaking (Rule 13). (a) Overtaking vessel to keep out of the overtaken vessel's way. (b) Overtaking vessel defined. (c) Assumption that vessel is overtaking another in cases of doubt. (d) Overtaking vessel to become crossing vessel only when finally past and clear. 2014. Head-on situation (Rule 14). (a) Course alterations to starboard; port side passage. (b) Existence of head-on situation. (c) Assumption that head-on situation exists in cases of doubt. (d) Vessel operating on Great Lakes, Western Rivers, or other specified waters, and proceeding downbound with following current. 2015. Crossing situation (Rule 15). (a) Vessel which must keep out of the other vessel's way. (b) Vessels crossing river. 2016. Action by give-way vessel (Rule 16). 2017. Action by stand-on vessel (Rule 17). (a) Stand-on vessel to keep course and speed; action allowed when give-way vessel fails to take appropriate action. (b) Action by stand-on vessel allowed when action by give-way vessel alone cannot avoid collision. (c) Crossing situations. (d) Give-way vessel not relieved of obligation to keep out of the way. 2018. Responsibilities between vessels (Rule 18). (a) Power-driven vessels underway. (b) Sailing vessels underway. (c) Vessels engaged in fishing when underway. (d) Seaplanes on the water. SUBPART III - CONDUCT OF VESSELS IN RESTRICTED VISIBILITY 2019. Conduct of vessels in restricted visibility (Rule 19). (a) Vessels to which rule applies. (b) Safe speed; engines ready for immediate maneuver. (c) Due regard to prevailing circumstances and conditions. (d) Detection of vessel by radar alone. (e) Reduction of speed to minimum. PART C - LIGHTS AND SHAPES 2020. Application (Rule 20). (a) Compliance in all weathers. (b) Rules concerning lights complied with from sunset to sunrise; other lights. (c) Lights during daylight hours in restricted visibility; other circumstances. (d) Rules concerning shapes; compliance by day. (e) Annex. 2021. Definitions (Rule 21). 2022. Visibility of lights (Rule 22). (a) Vessels of 50 meters or more in length. (b) Vessels of 12 meters or more but less than 50 meters in length. (c) Vessels of less than 12 meters in length. (d) Inconspicuous, partly submerged vessels or objects being towed. 2023. Power-driven vessels underway (Rule 23). (a) Lights exhibited by power-driven vessels underway. (b) Air-cushion vessels. (c) Alternative lights for power-driven vessels of less than 12 meters in length. (d) Power-driven vessels when operating on Great Lakes. 2024. Towing and pushing (Rule 24). (a) Power-driven vessels when towing astern. (b) Pushing vessel and pushed vessel rigidly connected in composite unit. (c) Power-driven vessel when pushing ahead or towing alongside. (d) Compliance with other requirements. (e) Vessels being towed. (f) Vessels being towed alongside or pushed in a group. (g) Inconspicuous, partly submerged vessel or object being towed. (h) Alternative lighting of vessel or object being towed. (i) Western Rivers or other specified waters; exception. (j) Towing another vess