I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:01:39. Database: USCODE Search: (43:CITE) ------DocID 50973 Document 1 of 1414------ -CITE- 43 USC TITLE 43 -EXPCITE- TITLE 43 -HEAD- TITLE 43 - PUBLIC LANDS -MISC1- Chap. Sec. 1. Bureau of Land Management 1 2. Geological Survey 31 3. Surveys 51 4. District Land Offices 70 5 Land Districts 121 6. Withdrawal from Settlement, Location, Sale, or Entry 141 7. Homesteads 161 8. Timber and Stone Lands (Repealed) 311 8A. Grazing Lands 315 9. Desert-Land Entries 321 10. Underground-Water Reclamation Grants (Repealed) 351 11. Discovery, Development, and Marking of Water Holes, etc., by Government 361 11A. Board on Geographic Names 364 12. Reclamation and Irrigation of Lands by Federal Government 371 12A. Boulder Canyon Project 617 12B. Colorado River Storage Project 620 13. Federal Lands Included in State Irrigation Districts 621 14. Grants of Desert Lands to States for Reclamation 641 15. Appropriation of Waters; Reservoir Sites 661 16. Sale and Disposal of Public Lands 671 17. Reservation and Sale of Town Sites on Public Lands 711 18. Survey of Public Lands 751 19. Bounty Lands (Repealed) 781 20. Reservations and Grants to States for Public Purposes 851 21. Grants in Aid of Railroads and Wagon Roads 881 21A. Forfeiture of Northern Pacific Railroad Indemnity Land Grants (Omitted) 921 22. Rights-of-way and Other Easements in Public Lands 931 23. Grants of Swamp and Overflowed Lands 981 24. Drainage Under State Laws (Repealed) 1021 25. Unlawful Inclosures or Occupancy; Obstructing Settlement or Transit 1061 25A. Lands Held Under Color of Title 1068 26. Abandoned Military Reservations (Repealed) 1071 27. Public Lands in Oklahoma 1091 28. Miscellaneous Provisions Relating to Public Lands 1151 29. Submerged Lands 1301 30. Administration of Public Lands (Repealed or Omitted) 1361 31. Department of the Interior 1451 32. Colorado River Basin Project 1501 32A. Colorado River Basin Salinity Control 1571 32B. Colorado River Floodway 1600 33. Alaska Native Claims Settlement 1601 33A. Implementation of Alaska Native Claims Settlement and Alaska Statehood 1631 34. Trans-Alaska Pipeline 1651 35. Federal Land Policy and Management 1701 36. Outer Continental Shelf Resource Management 1801 37. Public Rangelands Improvement 1901 38. Crude Oil Transportation Systems 2001 39. Abandoned Shipwrecks 2101 -CROSS- CROSS REFERENCES Mineral lands, see Title 30, Mineral Lands and Mining. Protection of timber on public lands from fire, disease or insect ravages, see section 594 of Title 16, Conservation. Right of action for death or personal injury within national park or other place under exclusive jurisdiction of United States as governed by State laws, see section 457 of Title 16. ------DocID 51014 Document 2 of 1414------ -CITE- 43 USC Sec. 43 -EXPCITE- TITLE 43 CHAPTER 2 -HEAD- Sec. 43. Copies to Senators, Representatives, and Delegates -STATUTE- One copy of each map and atlas shall be sent to each Senator and each Representative and Delegate in Congress, if published within his term; and a second copy shall be placed at the disposal of each such Senator, Representative and Delegate -SOURCE- (Feb. 18, 1897, No. 13, Sec. 2, 29 Stat. 701.) ------DocID 10386 Document 3 of 1414------ -CITE- 7 USC CHAPTER 43 -EXPCITE- TITLE 7 CHAPTER 43 -HEAD- CHAPTER 43 - FOREIGN MARKET DEVELOPMENT -MISC1- SUBCHAPTER I - GENERAL PROVISIONS; AGRICULTURAL COUNSELORS AND AGRICULTURAL ATTACHES Sec. 1761. Foreign markets; collection of information. 1762. Personnel. (a) Appointment. (b) Titles; rank and privileges; appointments of Agricultural Counselors. (c) Attachment to diplomatic missions. (d) Assignment to United States. 1763. Transferred. 1764. Reports and dispatches. (a) Availability to Department of State and interested government agencies. (b) Office space, equipment, and administrative and clerical services. (c) Agency services, personnel, and facilities. 1765. Foreign service appropriations; applicability. SUBCHAPTER II - UNITED STATES AGRICULTURAL TRADE OFFICES 1765a. Agricultural Trade Offices. (a) Establishment. (b) Administration. (c) Appointment and compensation of officers. (d) Transmittal of information. (e) Office functions and activities. (f) Personnel; employment of local nationals. (g) Conflicts of interest. (h) Diplomatic privileges and immunities. 1765b. Functions. 1765b-1. Omitted. 1765c. Performance of functions in foreign localities. 1765d. Acquisition of property. 1765e. Location of offices. 1765f. Availability of agency services, personnel, and facilities. 1765g. Availability of reports and dispatches. SUBCHAPTER III - REPRESENTATION, ALLOWANCES, REGULATIONS, GENERAL PROVISIONS, AND AUTHORIZATION FOR APPROPRIATIONS 1765h. Representation allowance. 1766. Rules and regulations; advance payment for rent and other service; funds for courtesies to foreign representatives. 1766a. Presidential regulations. 1766b. Language training for families of officers and employees assigned abroad. 1766c. Allowances and benefits. 1767. Authorization of appropriations. (a) Unexpended balances. (b) Annual appropriations. (c) Funds for 1955; expenditures. 1768. Foreign Operations Administration unaffected. 1769. 'Agricultural commodity' defined. ------DocID 11478 Document 4 of 1414------ -CITE- 8 USC Sec. 41 to 43 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- Sec. 41 to 43. Transferred -COD- CODIFICATION Sections 41 to 43 transferred to sections 1981 to 1983, respectively, of Title 42, The Public Health and Welfare. ------DocID 12109 Document 5 of 1414------ -CITE- 10 USC CHAPTER 43 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 43 -HEAD- CHAPTER 43 - RANK AND COMMAND -MISC1- Sec. 741. Rank: commissioned officers of the armed forces. (742. Repealed.) 743. Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of Staff of the Air Force; Commandant of the Marine Corps. 744. Physician to White House: assignment; grade. 745. Warrant officers: rank. 747. Command: when different commands of Army, Navy, Air Force, Marine Corps, and Coast Guard join. 749. Command: commissioned officers in same grade or corresponding grades on duty at same place. 750. Command: retired officers. AMENDMENTS 1987 - Pub. L. 100-180, div. A, title XIII, Sec. 1314(b)(5)(B), Dec. 4, 1987, 101 Stat. 1175, inserted '; Commandant of the Marine Corps' after 'Air Force' in item 743. 1980 - Pub. L. 96-513, title V, Sec. 501(10)(A), Dec. 12, 1980, 94 Stat. 2908, as amended Pub. L. 97-22, Sec. 10(a)(1), July 10, 1981, 95 Stat. 136, substituted 'armed forces' for 'Army, Navy, Air Force, and Marine Corps' in item 741. Pub. L. 96-513, title V, Sec. 501(10)(B), Dec. 12, 1980, 94 Stat. 2908, added item 750. 1968 - Pub. L. 90-235, Sec. 5(a)(1)(B), Jan. 2, 1968, 81 Stat. 761, added items 747 and 749. 1958 - Pub. L. 85-861, Sec. 1(19), Sept. 2, 1958, 72 Stat. 1442, struck out item 742 'Rank: officers of regular and reserve components'. -CROSS- CROSS REFERENCES Particular provisions relating to rank and command - Air Force, see section 8572 et seq. of this title. Army, see section 3572 et seq. of this title. Navy and Marine Corps, see sections 5508, 5942 et seq. of this title. ------DocID 14635 Document 6 of 1414------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 43 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS OPINIONS -HEAD- Rule 43. Issuance of Mandates -STATUTE- (a) Mandates implementing opinions of the Court will issue as a matter of course after the expiration of the time for filing a petition for reconsideration under Rule 31(a). In the event such a petition for reconsideration is filed, the mandate shall not issue until the Court takes action on the petition. In any case, the Court may order the mandate to issue forthwith. (b) The effective date of any order shall be the date of that order, and no mandate will issue. The Clerk will furnish copies of all such orders to counsel of record and to the Judge Advocate General of the service in which the case arose. ------DocID 16944 Document 7 of 1414------ -CITE- 12 USC CHAPTER 43 -EXPCITE- TITLE 12 CHAPTER 43 -HEAD- CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES -MISC1- SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES Sec. 4201. Filing of confidential declarations by private persons. (a) In general. (b) Place of filing. 4202. Contents of declarations. 4203. Confidentiality of declarations. (a) Period of confidentiality. (b) Maintenance of confidentiality to prevent prejudice. (c) Loss of rights. 4204. Ineligibility to file valid declarations. (a) In general. (b) 'Original source' defined. (c) Notice of invalidity. 4205. Rights of declarants; participation in actions, awards. (a) In general. (b) Civil action. (c) Criminal conviction. (d) Share of funds and assets. (e) Prohibition of double awards. (f) Appropriate Federal banking agency exception. 4206. Rights of declarants; notifications; Government accountability. (a) In general. (b) Notice of decision not to pursue. (c) Judgment, order, or settlement. (d) Notice of pendency of investigation or proceeding. (e) Time for notices. (f) Confidentiality of notices. 4207. Unreviewed declarations; petition to pursue action as private contractor. (a) Notification. (b) Contents of response. (c) Grant of contract. 4208. Nonreviewability of action by Attorney General. 4209. Financial Institution Information Award Fund. (a) Establishment. (b) Authorization of appropriations. 4210. Sources of payments to declarants. 4211. Government accountability; public reports on processing of declarations. (a) In general. (b) Contents of report. (c) Confidentiality. 4212. Protection for declarants. 4213. Promulgation of regulations. SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW INFORMATION CONCERNING RECOVERY OF ASSETS 4221. Filing of confidential declarations by private persons identifying specific assets. (a) In general. (b) Place of filing. 4222. Contents of declarations. 4223. Confidentiality of declarations. (a) Period of confidentiality. (b) Maintenance of confidentiality to prevent prejudice. (c) Loss of rights. 4224. Ineligibility to file valid declarations. (a) In general. (b) 'Original source' defined. (c) Notice of invalidity. 4225. Rights of declarants; participation in actions, awards. (a) In general. (b) Civil action. (c) Share of assets. (d) Prohibition of double awards. (e) Appropriate Federal banking agency exception. 4226. Rights of declarants; notifications; Government accountability. (a) In general. (b) Notice of decision not to pursue. (c) Judgment, order, or settlement. (d) Notice of pendency of investigation or proceeding. (e) Confidentiality of notices. 4227. Unreviewed declarations; petition to pursue action as private contractor. (a) Notification. (b) Contents of response. (c) Grant of contract. 4228. Nonreviewability of action by Attorney General. 4229. Protection for declarants. 4230. Promulgation of regulations. SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES 4241. Authority to enter into contracts for private counsel. (a) In general. (b) Terms and conditions. (c) Limitation of fee. (d) Contingent fees. 4242. Contract decisions nonreviewable. 4243. Representation. 4244. Contract provisions. 4245. Counterclaims. 4246. Awards of costs and fees to prevailing plaintiff. 4247. Promulgation of regulations. ------DocID 17007 Document 8 of 1414------ -CITE- 13 USC Sec. 43 -EXPCITE- TITLE 13 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 43. Records and reports of cotton ginners -STATUTE- Every cotton ginner shall keep a record of the county or parish in which each bale of cotton ginned by him is grown and report at the completion of the ginning season, but not later than the March canvass, of each year a segregation of the total number of bales ginned by counties or parishes in which grown. -SOURCE- (Aug. 31, 1954, ch. 1158, 68 Stat. 1016; Oct. 15, 1971, Pub. L. 92-143, 85 Stat. 393.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., Sec. 74 (Apr. 2, 1924, ch. 80, Sec. 4, 43 Stat. 32; June 18, 1929, ch. 28, Sec. 21, 46 Stat. 26; June 14, 1938, ch. 358, 52 Stat. 678). Section was derived from second paragraph of section 74 of title 13, U.S.C., 1952 ed. For remainder of such section 74, see Distribution Table. Changes were made in phraseology. AMENDMENTS 1971 - Pub. L. 92-143 inserted 'completion of the ginning season, but not later than the'. ------DocID 17080 Document 9 of 1414------ -CITE- 14 USC Sec. 43 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- (Sec. 43. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 498, provided for relative rank of commissioned officers with respect to Army and Navy officers. See section 741 of Title 10, Armed Forces. ------DocID 17483 Document 10 of 1414------ -CITE- 15 USC Sec. 43 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 43. Office and place of meeting -STATUTE- The principal office of the Commission shall be in the city of Washington, but it may meet and exercise all its powers at any other place. The Commission may, by one or more of its members, or by such examiners as it may designate, prosecute any inquiry necessary to its duties in any part of the United States. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 3, 38 Stat. 719.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. ------DocID 17785 Document 11 of 1414------ -CITE- 15 USC Sec. 80a-43 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-43. Jurisdiction of offenses and suits -STATUTE- The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this subchapter or the rules, regulations, or orders thereunder, and, concurrently with State and Territorial courts, of all suits in equity and actions at law brought to enforce any liability or duty created by, or to enjoin any violation of, this subchapter or the rules, regulations, or orders thereunder. Any criminal proceeding may be brought in the district wherein any act or transaction constituting the violation occurred. A criminal proceeding based upon a violation of section 80a-33 of this title, or upon a failure to file a report or other document required to be filed under this subchapter, may be brought in the district wherein the defendant is an inhabitant or maintains his principal office or place of business. Any suit or action to enforce any liability or duty created by, or to enjoin any violation of, this subchapter or rules, regulations, or orders thereunder, may be brought in any such district or in the district wherein the defendant is an inhabitant or transacts business, and process in such cases may be served in any district of which the defendant is an inhabitant or transacts business or wherever the defendant may be found. Judgments and decrees so rendered shall be subject to review as provided in sections 1254, 1291, 1292, and 1294 of title 28. No costs shall be assessed for or against the Commission in any proceeding under this subchapter brought by or against the Commission in any court. The Commission may intervene as a party in any action or suit to enforce any liability or duty created by, or to enjoin any noncompliance with, section 80a-35(b) of this title at any stage of such action or suit prior to final judgment therein. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 44, 54 Stat. 844; Dec. 14, 1970, Pub. L. 91-547, Sec. 22, 84 Stat. 1430.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-547 substituted reference to 'sections 1254, 1291, 1292, and 1294 of title 28' for 'sections 225 and 347 of title 28 and section 7, as amended, of the Act entitled 'An Act to establish a court of appeals for the District of Columbia, approved February 9, 1893' ' and provided for Commission intervention as a party in any action or suit to enforce any liability or duty created by, or to enjoin any noncompliance with, section 80a-35(b) of this title at any stage of such action or suit prior to final judgment therein, respectively. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective Dec. 14, 1970, see section 30 of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Costs, see rule 54, Title 28, Appendix, Judiciary and Judicial Procedure. One form of action, see rule 2. Process, see rule 4. FEDERAL RULES OF CRIMINAL PROCEDURE Continuation of section under rule 18, see note by Advisory Committee set out under rule 18, Title 18, Appendix, Crimes and Criminal Procedure. Venue, see rules 18 to 22. CROSS REFERENCES Jurisdiction of offenses and suits under - Investment Advisers Act of 1940, see section 80b-14 of this title. Public Utility Holding Company Act of 1935, see section 79y of this title. Securities Act of 1933, see section 77v of this title. Securities Exchange Act of 1934, see section 78aa of this title. Trust Indenture Act of 1939, see section 77vvv of this title. Venue, see section 1391 et seq. of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-41, 80a-58 of this title. ------DocID 18807 Document 12 of 1414------ -CITE- 15 USC CHAPTER 43 -EXPCITE- TITLE 15 CHAPTER 43 -HEAD- CHAPTER 43 - NEWSPAPER PRESERVATION -MISC1- Sec. 1801. Congressional declaration of policy. 1802. Definitions. 1803. Antitrust exemptions. (a) Joint operating arrangements entered into prior to July 24, 1970. (b) Written consent for future joint operating arrangements. (c) Predatory practices not exempt. 1804. Reinstatement of joint operating arrangements previously adjudged unlawful under antitrust laws. ------DocID 19673 Document 13 of 1414------ -CITE- 16 USC Sec. 43 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 43. Sequoia National Park; rules and regulations; leases; fish and game; trespassers -STATUTE- Sequoia National Park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury of all timber, mineral deposits, natural curiosities or wonders within said park, and their retention in their natural condition. He may, in his discretion, grant leases for building purposes for terms not exceeding thirty years of small parcels of ground not exceeding five acres, at such places in said park as shall require the erection of buildings for the accommodation of visitors. He shall provide against the wanton destruction of the fish and game found within said park, and against their capture or destruction, for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same to be removed therefrom, and, generally, shall be authorized to take all such measures as shall be necessary or proper to fully carry out the objects and purposes of this section and section 41 of this title. -SOURCE- (Sept. 25, 1890, ch. 926, Sec. 2, 26 Stat. 478; Aug. 25, 1916, ch. 408, Sec. 3, 39 Stat. 535; May 29, 1958, Pub. L. 85-434, 72 Stat. 152.) -COD- CODIFICATION 'Thirty years' substituted for 'ten years' in view of section 3 of act Aug. 25, 1916, and act May 29, 1958, which authorized the Secretary to grant privileges, leases, and permits in the various parks for periods not exceeding thirty years. See section 3 of this title. As originally enacted, this section contained a further provision that 'all of the proceeds of said leases and other revenues that may be derived from any source connected with said park to be expended under his (Secretary of the Interior) direction in the management of the same and the construction of roads and paths therein'. This provision was superseded by section 452 of this title providing for the disposition of all revenues from the national parks. -CROSS- CROSS REFERENCES Rules and regulations for Yosemite and Sequoia National Parks, leases, fish and game, see sections 45b and 61 of this title. Rules and regulations for government of parks, generally, see section 3 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 41, 45f of this title. ------DocID 21425 Document 14 of 1414------ -CITE- 16 USC Sec. 460uu-43 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-43. State exchanges of lands and interests -STATUTE- (a) Upon the request of the State of New Mexico (hereinafter referred to as the 'State') and pursuant to the provisions of this section, the Secretary shall exchange public lands or interests in lands elsewhere in the State of New Mexico, of approximately equal value and selected by the State, acting through its Commissioner of Public Lands, for any lands or interests therein owned by the State (hereinafter referred to as 'State lands') located within the boundaries of the monument or the conservation area which the State wishes to exchange with the United States. (b) Within six months after December 31, 1987, the Secretary shall notify the New Mexico Commissioner of Public Lands what State lands are within the monument or the conservation area. The notice shall contain a listing of all public lands or interest therein within the boundaries of the State of New Mexico which have not been withdrawn from entry and which the Secretary, pursuant to the provisions of sections 1712 and 1716 of title 43, has identified as appropriate for transfer to the State in exchange for State lands. Such listing shall be updated at least annually. If the New Mexico Commissioner of Public Lands gives notice to the Secretary of the State's desire to obtain public lands so listed, the Secretary shall notify the Commissioner in writing as to whether the Department of the Interior considers the State lands within the monument or conservation area to be of approximately equal value to the listed lands or interests in lands the Commissioner has indicated the State desires to obtain. It is the sense of the Congress that the exchange of lands and interests therein with the State pursuant to this section should be completed within two years after December 31, 1987. -SOURCE- (Pub. L. 100-225, title V, Sec. 503, Dec. 31, 1987, 101 Stat. 1544.) ------DocID 23170 Document 15 of 1414------ -CITE- 16 USC CHAPTER 43 -EXPCITE- TITLE 16 CHAPTER 43 -HEAD- CHAPTER 43 - PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK SYSTEM AREAS -MISC1- Sec. 2301. Congressional statement of findings and purpose. 2302. Transportation service and facility programs. (a) Formulation and implementation of plans and projects developed pursuant to plans. (b) Contracts, acquisitions, etc., for improvement of access to park system units. (c) Prerequisites for acquisitions. (d) Appropriation of fees collected and covered into Planning, Development, and Operation of Recreational Facilities appropriation account. (e) Establishment of information programs. (f) Undertaking of concession facilities or services. (g) Construction of grant of authority respecting operation of motor vehicles excepted from statutory coverage. 2303. Transportation projects. (a) Assistance of heads of other Federal departments and agencies in formulation and implementation. (b) Report to Congressional committees concerning planning, etc. 2304. Procedures applicable to formulation and implementation of transportation plans and projects developed pursuant to plans. (a) Public notice and meeting. (b) Notice and opportunity to comment given to State and local governments; report to Congressional committees. 2305. Report to Congress; contents. 2306. Authorization of appropriations; availability of amounts. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 460ii-1, 460ii-2, 460ii-3, 460ii-4, 460ii-5 of this title. ------DocID 23815 Document 16 of 1414------ -CITE- 18 USC Sec. 43, 44 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- (Sec. 43, 44. Repealed. Pub. L. 97-79, Sec. 9(b)(2), Nov. 16, 1981, 95 Stat. 1079) -MISC1- Section 43, acts June 25, 1948, ch. 645, 62 Stat. 687; Sept. 2, 1960, Pub. L. 86-702, Sec. 2, 74 Stat. 754; Dec. 5, 1969, Pub. L. 91-135, Sec. 7(a), 83 Stat. 279, related to transportation of wildlife taken in violation of state, national, or foreign law, the receipt of such wildlife, and the making of false records in relation thereto. See section 3372(a) of Title 16, Conservation. Section 44, acts June 25, 1948, ch. 645, 62 Stat. 687; Dec. 5, 1969, Pub. L. 91-135, Sec. 8, 83 Stat. 281, related to marking of packages or containers used in the shipment of fish and wildlife. See section 3372(b) of Title 16. ------DocID 24099 Document 17 of 1414------ -CITE- 18 USC CHAPTER 43 -EXPCITE- TITLE 18 PART I CHAPTER 43 -HEAD- CHAPTER 43 - FALSE PERSONATION -MISC1- Sec. 911. Citizen of the United States. 912. Officer or employee of the United States. 913. Impersonator making arrest or search. 914. Creditors of the United States. 915. Foreign diplomats, consuls or officers. 916. 4-H Club members or agents. 917. Red Cross members or agents. -CROSS- CROSS REFERENCES Naturalization proceedings; false personation or misuse of papers, see section 1424 of this title. Visas and permits; false personation, see section 1546 of this title. ------DocID 25134 Document 18 of 1414------ -CITE- 18 USC Rule 43 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 43. Presence of the Defendant -STATUTE- (a) Presence Required. The defendant shall be present at the arraignment, at the time of the plea, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule. (b) Continued Presence Not Required. The further progress of the trial to and including the return of the verdict shall not be prevented and the defendant shall be considered to have waived the right to be present whenever a defendant, initially present, (1) is voluntarily absent after the trial has commenced (whether or not the defendant has been informed by the court of the obligation to remain during the trial), or (2) after being warned by the court that disruptive conduct will cause the removal of the defendant from the courtroom, persists in conduct which is such as to justify exclusion from the courtroom. (c) Presence Not Required. A defendant need not be present in the following situations: (1) A corporation may appear by counsel for all purposes. (2) In prosecutions for offenses punishable by fine or by imprisonment for not more than one year or both, the court, with the written consent of the defendant, may permit arraignment, plea, trial, and imposition of sentence in the defendant's absence. (3) At a conference or argument upon a question of law. (4) At a reduction of sentence under Rule 35. -SOURCE- (As amended Apr. 22, 1974, eff. Dec. 1, 1975; July 31, 1975, Pub. L. 94-64, Sec. 3(35), 89 Stat. 376; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES 1. The first sentence of the rule setting forth the necessity of the defendant's presence at arraignment and trial is a restatement of existing law, Lewis v. United States, 146 U.S. 370; Diaz v. United States, 223 U.S. 442, 455. This principle does not apply to hearings on motions made prior to or after trial, United States v. Lynch, 132 F.2d 111 (C.C.A. 3d). 2. The second sentence of the rule is a restatement of existing law that, except in capital cases, the defendant may not defeat the proceedings by voluntarily absenting himself after the trial has been commenced in his presence, Diaz v. United States, 223 U.S. 442, 455; United States v. Noble, 294 F. 689 (D.Mont.) - affirmed, 300 F. 689 (C.C.A. 9th); United States v. Barracota, 45 F.Supp. 38 (S.D.N.Y.); United States v. Vassalo, 52 F.2d 699 (E.D.Mich.). 3. The fourth sentence of the rule empowering the court in its discretion, with the defendant's written consent, to conduct proceedings in misdemeanor cases in defendant's absence adopts a practice prevailing in some districts comprising very large areas. In such districts appearance in court may require considerable travel, resulting in expense and hardship not commensurate with the gravity of the charge, if a minor infraction is involved and a small fine is eventually imposed. The rule, which is in the interest of defendants in such situations, leaves it discretionary with the court to permit defendants in misdemeanor cases to absent themselves and, if so, to determine in what types of misdemeanors and to what extent. Similar provisions are found in the statutes of a number of States. See A.L.I. Code of Criminal Procedure, pp. 881-882. 4. The purpose of the last sentence of the rule is to resolve a doubt that at times has arisen as to whether it is necessary to bring the defendant to court from an institution in which he is confined, possibly at a distant point, if the court determines to reduce the sentence previously imposed. It seems in the interest of both the Government and the defendant not to require such presence, because of the delay and expense that are involved. NOTES OF ADVISORY COMMITTEE ON RULES - 1974 AMENDMENT The revision of rule 43 is designed to reflect Illinois v. Allen, 397 U.S. 337, 90 S.Ct. 1057, 25 L.Ed. 2d 353 (1970). In Allen, the court held that 'there are at least three constitutionally permissible ways for a trial judge to handle an obstreperous defendant like Allen: (1) bind and gag him, thereby keeping him present; (2) cite him for contempt; (3) take him out of the courtroom until he promises to conduct himself properly.' 397 U.S. at 343-344, 90 S.Ct. 1057. Since rule 43 formerly limited trial in absentia to situations in which there is a 'voluntary absence after the trial has been commenced,' it could be read as precluding a federal judge from exercising the third option held to be constitutionally permissible in Allen. The amendment is designed to make clear that the judge does have the power to exclude the defendant from the courtroom when the circumstances warrant such action. The decision in Allen, makes no attempt to spell out standards to guide a judge in selecting the appropriate method to ensure decorum in the courtroom and there is no attempt to do so in the revision of the rule. The concurring opinion of Mr. Justice Brennan stresses that the trial judge should make a reasonable effort to enable an excluded defendant 'to communicate with his attorney and, if possible, to keep apprised of the progress of the trial.' 397 U.S. at 351, 90 S.Ct. 1057. The Federal Judicial Center is presently engaged in experimenting with closed circuit television in courtrooms. The experience gained from these experiments may make closed circuit television readily available in federal courtrooms through which an excluded defendant would be able to hear and observe the trial. The defendant's right to be present during the trial on a capital offense has been said to be so fundamental that it may not be waived. Diaz v. United States, 223 U.S. 442, 455, 32 S.Ct. 250, 56 L.Ed. 500 (1912) (dictum); Near v. Cunningham, 313 F.2d 929, 931 (4th Cir. 1963); C. Wright, Federal Practice and Procedure: Criminal Sec. 723 at 199 (1969, Supp.1971). However, in Illinois v. Allen, supra the court's opinion suggests that sanctions such as contempt may be least effective where the defendant is ultimately facing a far more serious sanction such as the death penalty. 397 U.S. at 345, 90 S.Ct. 1057. The ultimate determination of when a defendant can waive his right to be present in a capital case (assuming a death penalty provision is held constitutional, see Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972)) is left for further clarification by the courts. Subdivision (b)(1) makes clear that voluntary absence may constitute a waiver even if the defendant has not been informed by the court of his obligation to remain during the trial. Of course, proof of voluntary absence will require a showing that the defendant knew of the fact that the trial or other proceeding was going on. C. Wright, Federal Practice and Procedure: Criminal Sec. 723 n. 35 (1969). But it is unnecessary to show that he was specifically warned of his obligation to be present; a warning seldom is thought necessary in current practice. (See Taylor v. United States, 414 U.S. 17, 94 S.Ct. 194, 38 L.Ed.2d 174 (1973).) Subdivision (c)(3) makes clear that the defendant need not be present at a conference held by the court and counsel where the subject of the conference is an issue of law. The other changes in the rule are editorial in nature. In the last phrase of the first sentence, 'these rules' is changed to read 'this rule,' because there are no references in any of the other rules to situations where the defendant is not required to be present. The phrase 'at the time of the plea,' is added to subdivision (a) to make perfectly clear that defendant must be present at the time of the plea. See rule 11(c)(5) which provides that the judge may set a time, other than arraignment, for the holding of a plea agreement procedure. NOTES OF COMMITTEE ON THE JUDICIARY, HOUSE REPORT NO. 94-247; 1975 AMENDMENT A. Amendments Proposed by the Supreme Court. Rule 43 of the Federal Rules of Criminal Procedure deals with the presence of the defendant during the proceedings against him. It presently permits a defendant to be tried in absentia only in non-capital cases where the defendant has voluntarily absented himself after the trial has begun. The Supreme Court amendments provide that a defendant has waived his right to be present at the trial of a capital or noncapital case in two circumstances: (1) when he voluntarily absents himself after the trial has begun; and (2) where he 'engages in conduct which is such as to justify his being excluded from the courtroom.' B. Committee Action. The Committee added language to subdivision (b)(2), which deals with excluding a disruptive defendant from the courtroom. The Advisory Committee Note indicates that the rule proposed by the Supreme Court was drafted to reflect the decision in Illinois v. Allen, 397 U.S. 337 (1970). The Committee found that subdivision (b)(2) as proposed did not full track the Allen decision. Consequently, language was added to that subsection to require the court to warn a disruptive defendant before excluding him from the courtroom. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. 1975 AMENDMENT Pub. L. 94-62 amended subd. (b)(2) generally. EFFECTIVE DATE OF AMENDMENTS PROPOSED APRIL 22, 1974; EFFECTIVE DATE OF 1975 AMENDMENTS Amendments of this rule embraced in the order of the United States Supreme Court on Apr. 22, 1974 and the amendments of this rule made by section 3 of Pub. L. 94-64, effective Dec. 1, 1975, see section 2 of Pub. L. 94-64, set out as a note under rule 4 of these rules. -CROSS- CROSS REFERENCES Arraignment, see rule 10. Correction or reduction of sentence, see rule 35. Impaneling of jury, see sections 1861 et seq. of Title 28, Judiciary and Judicial Procedure. Motion for new trial, see rule 33. Motions prior to trial, see rules 6 and 12. Pleas, see rule 11. Sentence, see rule 32. ------DocID 26092 Document 19 of 1414------ -CITE- 20 USC Sec. 43 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 43. Appointment of regents; terms of office; vacancies -STATUTE- The regents to be selected shall be appointed as follows: The Members of the Senate by the President thereof; the Members of the House by the Speaker thereof; and the nine other persons by joint resolution of the Congress. The Members of the House so appointed shall serve for the term of two years; and on every alternate fourth Wednesday of December a like number shall be appointed in the same manner to serve until the fourth Wednesday in December, in the second year succeeding their appointment. The Senators so appointed shall serve during the term for which they shall hold, without re-election, their office as Senators. Vacancies, occasioned by death, resignation, or otherwise, shall be filled as vacancies in committees are filled. The regular term of service for the other nine members shall be six years; and new elections thereof shall be made by joint resolutions of Congress. Vacancies occasioned by death, resignation, or otherwise may be filled in like manner by joint resolution of Congress. -SOURCE- (R.S. Sec. 5581; Dec. 15, 1970, Pub. L. 91-551, Sec. 1(b), (c), 84 Stat. 1440.) -COD- CODIFICATION R.S. Sec. 5581 derived from act Aug. 10, 1846, ch. 178, Sec. 3, 9 Stat. 103. -MISC3- AMENDMENTS 1970 - Pub. L. 91-551 authorized appointment of three additional members of the board by joint resolution of Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title. ------DocID 27312 Document 20 of 1414------ -CITE- 20 USC CHAPTER 43 -EXPCITE- TITLE 20 CHAPTER 43 -HEAD- CHAPTER 43 - AMERICAN FOLKLIFE PRESERVATION -MISC1- Sec. 2101. Congressional declaration of findings and purpose. 2102. Definitions. 2103. American Folklife Center. (a) Establishment. (b) Board of Trustees; composition; regional balance. (c) Term of office. (d) Compensation of Board members; travel expenses. (e) Chairman; Vice Chairman; election; vacancies; quorum. (f) Director; Deputy Director; appointment and compensation. (g) Duties of Director and Deputy Director. 2104. Functions of Center. (a) Contracts; national archive and center for American folklife; loan of items in archive; procurement, display, etc. of items in archive; miscellaneous programs. (b) Functions carried out through Center. 2105. Limitations on contracts. (a) Time. (b) Items excluded. (c) Former Government employees. 2106. Administration. (a) Regulations; receipt of money and other property; compensation of personnel; services of experts and consultants; contracts; payments. (b) Annual report to Congress. 2107. Authorization of appropriations; limitation on use for new positions. ------DocID 28268 Document 21 of 1414------ -CITE- 21 USC Sec. 43 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 43. Standards of purity; duplicate samples at customhouses and for importers and dealers -STATUTE- The Secretary of Health and Human Services, upon the recommendation of the board of experts provided in section 42 of this title, shall fix and establish uniform standards of purity, quality, and fitness for consumption of all kinds of teas imported into the United States, and shall procure and deposit in the customhouses of the ports of New York, Chicago, San Francisco, and such other ports as he may determine, duplicate samples of such standards. Said Secretary shall procure a sufficient number of other duplicate samples of such standards to supply the importers and dealers in tea at all ports desiring the same at cost. All teas, or merchandise described as tea, of inferior purity, quality, and fitness for consumption to such standards shall be deemed within the prohibition of section 41 of this title. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 3, 29 Stat. 605; May 31, 1920, ch. 217, 41 Stat. 712; 1940 Reorg. Plan No. IV, Sec. 12, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1237; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695.) -CHANGE- CHANGE OF NAME 'Secretary of Health and Human Services' substituted in text for 'Secretary of Health, Education, and Welfare' pursuant to section 509(b) of Pub. L. 96-88, which is classified to section 3508(b) of Title 20, Education. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare (now Health and Human Services), and of Food and Drug Administration to Federal Security Agency, see Transfer of Functions note set out under section 41 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 41, 45 of this title. ------DocID 30631 Document 22 of 1414------ -CITE- 22 USC CHAPTER 43 -EXPCITE- TITLE 22 CHAPTER 43 -HEAD- CHAPTER 43 - INTERNATIONAL BROADCASTING -MISC1- Sec. 2871. Congressional findings and declaration of purpose. 2872. Board for International Broadcasting. (a) Establishment. (b) (1) Composition of Board. (2) Selection. (3) Term of office of Presidentially appointed members. (4) Term of office of ex officio member. (5) Compensation. (c) Supplies, services, and other personal property: procurement. 2873. Functions of Board. 2874. Recordkeeping requirements for RFE/RL, Incorporated. (a) Amounts and disposition of assistance; costs; portion of costs supplied by other sources; other records. (b) Access to records for audit and examination. (c) Disclosure of persons and governments making contributions. 2875. Role of Secretary of State. (a) Supplying foreign policy information; reports. (b) Observer representing Secretary to be present at Board meetings. 2876. Public support. 2877. Authorization of appropriations; foreign currency exchange rates fluctuations; merger and availability of excess amounts; radio modernization. (a) Authorization of appropriations. (b) Additional appropriations to maintain level of operations. (c) Improvement of facilities. 2877a. Repealed. 2878. Reciprocity in use of broadcasting facilities by Communist countries. 2879. Report to Congress; alternative plans for relocation of activities and personnel. 2880. Merger of Board for International Broadcasting and RFE/RL Board. (a) Grants to RFE/RL, Incorporated; conditions. (b) RFE/RL, Incorporated, not to be construed as Federal agency or instrumentality. 2881. Benefits for certain retirees and surviving spouses of employees of RFE/RL. 2882. Salary of the RFE/RL President. 2883. Radio broadcasting to Afghanistan in the Dari and Pashto languages. ------DocID 31516 Document 23 of 1414------ -CITE- 24 USC Sec. 41 to 43 -EXPCITE- TITLE 24 CHAPTER 2 -HEAD- Sec. 41 to 43. Repealed. Pub. L. 101-510, div. A, title XV, Sec. 1532(b)(1)-(3), Nov. 5, 1990, 104 Stat. 1733 -MISC1- Section 41, R.S. Sec. 4815; Mar. 3, 1883, ch. 130, Sec. 10, 22 Stat. 565; Mar. 4, 1909, ch. 299, Sec. 1, 35 Stat. 1004; May 11, 1926, ch. 285, 44 Stat. 499; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, related to composition, powers, and duties of board of commissioners for the Soldiers' Home. Section 42, acts Mar. 4, 1909, ch. 299, Sec. 1, 35 Stat. 1004; May 11, 1926, ch. 285, 44 Stat. 499; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, required president of board of commissioners to submit annual reports on Soldiers' Home. Section 43, R.S. Sec. 4816; Mar. 3, 1883, ch. 130, Sec. 7, 22 Stat. 565; June 6, 1972, Pub. L. 92-310, title II, Sec. 228(a), 86 Stat. 207, related to appointment and removal of officers of Soldiers' Home. EFFECTIVE DATE OF REPEAL Repeal effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101-510, set out as an Effective Date note under section 401 of this title. ------DocID 31715 Document 24 of 1414------ -CITE- 25 USC Sec. 43 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 43. Persons paid for other services not paid for interpreting -STATUTE- No person employed by the United States and paid for any other service shall be paid for interpreting. -SOURCE- (Apr. 4, 1910, ch. 140, Sec. 2, 36 Stat. 272.) ------DocID 33556 Document 25 of 1414------ -CITE- 26 USC Sec. 43 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart D -HEAD- Sec. 43. Enhanced oil recovery credit -STATUTE- (a) General rule For purposes of section 38, the enhanced oil recovery credit for any taxable year is an amount equal to 15 percent of the taxpayer's qualified enhanced oil recovery costs for such taxable year. (b) Phase-out of credit as crude oil prices increase (1) In general The amount of the credit determined under subsection (a) for any taxable year shall be reduced by an amount which bears the same ratio to the amount of such credit (determined without regard to this paragraph) as - (A) the amount by which the reference price for the calendar year preceding the calendar year in which the taxable year begins exceeds $28, bears to (B) $6. (2) Reference price For purposes of this subsection, the term 'reference price' means, with respect to any calendar year, the reference price determined for such calendar year under section 29(d)(2)(C). (3) Inflation adjustment (A) In general In the case of any taxable year beginning in a calendar year after 1991, there shall be substituted for the $28 amount under paragraph (1)(A) an amount equal to the product of - (i) $28, multiplied by (ii) the inflation adjustment factor for such calendar year. (B) Inflation adjustment factor The term 'inflation adjustment factor' means, with respect to any calendar year, a fraction the numerator of which is the GNP implicit price deflator for the preceding calendar year and the denominator of which is the GNP implicit price deflator for 1990. For purposes of the preceding sentence, the term 'GNP implicit price deflator' means the first revision of the implicit price deflator for the gross national product as computed and published by the Secretary of Commerce. Not later than April 1 of any calendar year, the Secretary shall publish the inflation adjustment factor for the preceding calendar year. (c) Qualified enhanced oil recovery costs For purposes of this section - (1) In general The term 'qualified enhanced oil recovery costs' means any of the following: (A) Any amount paid or incurred during the taxable year for tangible property - (i) which is an integral part of a qualified enhanced oil recovery project, and (ii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable under this chapter. (B) Any intangible drilling and development costs - (i) which are paid or incurred in connection with a qualified enhanced oil recovery project, and (ii) with respect to which the taxpayer may make an election under section 263(c) for the taxable year. (C) Any qualified tertiary injectant expenses which are paid or incurred in connection with a qualified enhanced oil recovery project and for which a deduction is allowable under section 193 for the taxable year. (2) Qualified enhanced oil recovery project For purposes of this subsection - (A) In general The term 'qualified enhanced oil recovery project' means any project - (i) which involves the application (in accordance with sound engineering principles) of 1 or more tertiary recovery methods (as defined in section 193(b)(3)) which can reasonably be expected to result in more than an insignificant increase in the amount of crude oil which will ultimately be recovered, (ii) which is located within the United States (within the meaning of section 638(1)), and (iii) with respect to which the first injection of liquids, gases, or other matter commences after December 31, 1990. (B) Certification A project shall not be treated as a qualified enhanced oil recovery project unless the operator submits to the Secretary (at such times and in such manner as the Secretary provides) a certification from a petroleum engineer that the project meets (and continues to meet) the requirements of subparagraph (A). (3) At-risk limitation For purposes of determining qualified enhanced oil recovery costs, rules similar to the rules of section 49(a)(1), section 49(a)(2), and section 49(b) shall apply. (4) Special rule for certain gas displacement projects For purposes of this section, immiscible non-hydrocarbon gas displacement shall be treated as a tertiary recovery method under section 193(b)(3). (d) Other rules (1) Disallowance of deduction Any deduction allowable under this chapter for any costs taken into account in computing the amount of the credit determined under subsection (a) shall be reduced by the amount of such credit attributable to such costs. (2) Basis adjustments For purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. (e) Election to have credit not apply (1) In general A taxpayer may elect to have this section not apply for any taxable year. (2) Time for making election An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). (3) Manner of making election An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe. -SOURCE- (Added Pub. L. 101-508, title XI, Sec. 11511(a), Nov. 5, 1990, 104 Stat. 1388-483.) -MISC1- PRIOR PROVISIONS A prior section 43 was renumbered section 32 of this title. Another prior section 43 was renumbered section 34 of this title. EFFECTIVE DATE Section 11511(d) of Pub. L. 101-508 provided that: '(1) In general. - The amendments made by this section (enacting this section and amending sections 38, 39, 196, and 6501 of this title) shall apply to costs paid or incurred in taxable years beginning after December 31, 1990. '(2) Special rule for significant expansion of projects. - For purposes of section 43(c)(2)(A)(iii) of the Internal Revenue Code of 1986 (as added by subsection (a)), any significant expansion after December 31, 1990, of a project begun before January 1, 1991, shall be treated as a project with respect to which the first injection commences after December 31, 1990.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 29, 38, 39, 56, 196 of this title. ------DocID 34889 Document 26 of 1414------ -CITE- 26 USC CHAPTER 43 -EXPCITE- TITLE 26 Subtitle D CHAPTER 43 -HEAD- CHAPTER 43 - QUALIFIED PENSION, ETC., PLANS -MISC1- Sec. 4971. Taxes on failure to meet minimum funding standards. 4972. Tax on nondeductible contributions to qualified employer plans. 4973. Tax on excess contributions to individual retirement accounts, certain section 403(b) contracts, and certain individual retirement annuities. 4974. Excise tax on certain accumulations in qualified retirement plans. 4975. Tax on prohibited transactions. 4976. Taxes with respect to funded welfare benefit plans. 4977. Tax on certain fringe benefits provided by an employer. 4978. Tax on certain dispositions by employee stock ownership plans and certain cooperatives. (4978A. Repealed.) 4978B. Tax on disposition of employer securities to which section 133 applied. 4979. Tax on certain excess contributions. 4979A. Tax on certain prohibited allocations of qualified securities. 4980. Tax on reversion of qualified plan assets to employer. 4980A. Tax on excess distributions from qualified retirement plans. 4980B. Failure to satisfy continuation coverage requirements of group health plans. AMENDMENTS 1989 - Pub. L. 101-239, title VII, Sec. 7301(d)(2), 7304(a)(2)(C)(iii), Dec. 19, 1989, 103 Stat. 2348, 2353, struck out item 4978A 'Tax on certain dispositions of employer securities to which section 2057 applied' and added item 4978B. 1988 - Pub. L. 100-647, title I, Sec. 1011A(g)(1)(B), title III, Sec. 3011(c), Nov. 10, 1988, 102 Stat. 3479, 3625, redesignated item 4981A as 4980A and added item 4980B. 1987 - Pub. L. 100-203, title X, Sec. 10413(b)(2), Dec. 22, 1987, 101 Stat. 1330-438, added item 4978A. 1986 - Pub. L. 99-514, title XI, Sec. 1117(b)(2), 1121(a)(2), 1131(c)(2), 1132(b), 1133(b), title XVIII, Sec. 1854(a)(9)(C), 1899A(75), Oct. 22, 1986, 100 Stat. 2462, 2465, 2478, 2480, 2483, 2877, 2963, added item 4972, inserted 'section' in item 4973, substituted 'Excise tax on certain accumulations in qualified retirement plans' for 'Tax on certain accumulations in individual retirement accounts' in item 4974, struck out 'and allocations' after 'certain dispositions' in item 4978, and added items 4979, 4979A, 4980, and 4981A. 1984 - Pub. L. 98-369, div. A, title IV, Sec. 491(d)(56), title V, Sec. 511(c)(2), 531(e)(2), 545(b), July 18, 1984, 98 Stat. 852, 862, 886, 896, substituted 'and certain individual retirement annuities' for 'certain individual retirement annuities, and certain retirement bonds' in item 4973 and added items 4976 to 4978. 1982 - Pub. L. 97-248, title II, Sec. 237(c)(2), Sept. 3, 1982, 96 Stat. 511, struck out item 4972 'Tax on excess contributions for self-employed individuals'. 1974 - Pub. L. 93-406, title II, Sec. 1013(b), 2001(f)(2), 2002(h)(3), Sept. 2, 1974, 88 Stat. 920, 957, 970, added chapter heading and analysis of sections 4971 to 4975. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 275, 6161, 6201, 6211, 6212, 6213, 6214, 6344, 6405, 6501, 6512, 6862, 6871, 7422 of this title. ------DocID 36112 Document 27 of 1414------ -CITE- 27 USC Sec. 41 to 43 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 41 to 43. Repealed. Aug. 27, 1935, ch. 740, title III, Sec. 308(a), 49 Stat. 880 -MISC1- Section 41, act Mar. 3, 1925, ch. 438, Sec. 1, 43 Stat. 1116, related to use of forfeited vessels or vehicles for enforcement of provisions of this title in lieu of sale. Section 42, acts Mar. 3, 1925, ch. 438, Sec. 2, 43 Stat. 1116; May 27, 1930, ch. 342, Sec. 9, 10, 46 Stat. 430, related to application by a department head for which seizure of a vessel or vehicle is made to deliver such vessel or vehicle to Department of Justice for use in enforcement of this title, the 18th Amendment, or the customs laws. Section 43, act Mar. 3, 1925, ch. 438, Sec. 3, 43 Stat. 1116, related to limitation on use of forfeited vessels or vehicles. ------DocID 36173 Document 28 of 1414------ -CITE- 28 USC Sec. 43 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 43. Creation and composition of courts -STATUTE- (a) There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit. (b) Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 870; Nov. 13, 1963, Pub. L. 88-176, Sec. 1(a), 77 Stat. 331.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 212 (Mar. 3, 1911, ch. 231, Sec. 117, 36 Stat. 1131). The provision in section 212 of title 28, U.S.C., 1940 ed., for a three-judge court of appeals was permissive and did not limit the power of the court to sit in banc. Thus, subsection (b) reflects present status of law, namely, that court is composed of not only circuit judges of the circuit in active service, of whom there may be more than three, but the circuit justice or justices and judges who may be assigned or designated to the court. (See Textile Mills Securities Corporation v. Commissioner of Internal Revenue, 1942, 62 S.Ct. 272, 314 U.S. 326, 86 L.Ed. 249 and Reviser's Notes under section 46 of this title.) Words 'with appellate jurisdiction, as hereinafter limited and established' were omitted as covered by section 1291 et seq. of this title, conferring appellate jurisdiction on the courts of appeals. The term 'court of appeals' was substituted in this section and throughout this title for the term 'circuit court of appeals.' Provision for a quorum of the court is now covered by section 46(d) of this title. AMENDMENTS 1963 - Subsec. (b). Pub. L. 88-176 inserted 'regular' before 'active service'. -CHANGE- CHANGE OF NAME OF COURT Section 2(b) of act June 25, 1948, provided in part that each circuit court of appeals should, after Sept. 1, 1948, be known as a United States Court of Appeals, but that the enactment of act June 25, 1948 should in no way entail any loss of rights, interruption of jurisdiction, or prejudice to matters pending in any such courts on Sept. 1, 1948. -CROSS- CROSS REFERENCES Assignment of circuit judges and judges of Court of Claims to other circuits or courts, see section 291 et seq. of this title. Authority to create courts inferior to Supreme Court, see Const., Art. 3, Sec. 1. ------DocID 36444 Document 29 of 1414------ -CITE- 28 USC CHAPTER 43 -EXPCITE- TITLE 28 PART III CHAPTER 43 -HEAD- CHAPTER 43 - UNITED STATES MAGISTRATES -MISC1- Sec. 631. Appointment and tenure. 632. Character of service. 633. Determination of number, locations, and salaries of magistrates. 634. Compensation. 635. Expenses. 636. Jurisdiction, powers, and temporary assignment. 637. Training. 638. Dockets and forms; United States Code; seals. 639. Definitions. AMENDMENTS 1972 - Pub. L. 92-239, Sec. 3, Mar. 1, 1972, 86 Stat. 47, substituted 'Jurisdiction, powers, and temporary assignment' for 'Jurisdiction and powers' in item 636. 1968 - Pub. L. 90-578, title I, Sec. 101, Oct. 17, 1968, 82 Stat. 1108, substituted 'MAGISTRATES' for 'COMMISSIONERS' in chapter heading, and 'Character of service' for 'Park commissioners; jurisdiction and powers; procedure' in item 632, 'Determination of number, locations, and salaries of magistrates' for 'Fees and expenses' in item 633, 'Compensation' for 'Salaries of park commissioners; disposition of fees' in item 634, 'Expenses' for 'Park commissioners; residence' in item 635, 'Jurisdiction and powers' for 'Accounts' in item 636, 'Training' for 'Oaths, acknowledgments, affidavits and depositions' in item 637, 'Dockets and forms; United States Code; seals' for 'Seals' in item 638, and 'Definitions' for 'Dockets and forms; United States Code' in item 639. 1954 - Act Aug. 13, 1954, ch. 728, Sec. 1(c), 68 Stat. 704, inserted 'and expenses' after 'Fees' in item 633. -CROSS- CROSS REFERENCES Petty offenses, trial by magistrates, see section 3401 of Title 18, Crimes and Criminal Procedure. Rules of procedure and practice for trials of cases before magistrates, and taking of appeals, see section 3402 of Title 18 and rules 1 and 54 of Title 18, Appendix. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 375 of this title. ------DocID 37025 Document 30 of 1414------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 43 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 43. Substitution of parties -STATUTE- (a) Death of a party. - If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the court of appeals, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or by any party with the clerk of the court of appeals. The motion of a party shall be served upon the representative in accordance with the provisions of Rule 25. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the court of appeals may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the district court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the notice of appeal is filed substitution shall be effected in the court of appeals in accordance with this subdivision. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by that party's personal representative, or, if there is no personal representative by that party's attorney of record within the time prescribed by these rules. After the notice of appeal is filed substitution shall be effected in the court of appeals in accordance with this subdivision. (b) Substitution for other causes. - If substitution of a party in the court of appeals is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in subdivision (a). (c) Public officers; death or separation from office. - (1) When a public officer is a party to an appeal or other proceeding in the court of appeals in an official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action does not abate and the public officer's successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution. (2) When a public officer is a party to an appeal or other proceeding in an official capacity that public officer may be described as a party by the public officer's official title rather than by name; but the court may require the public officer's name to be added. -SOURCE- (As amended Mar. 10, 1986, eff. July 1, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES Subdivision (a). The first three sentences described a procedure similar to the rule on substitution in civil actions in the district court. See FRCP 25(a). The fourth sentence expressly authorizes an appeal to be taken against one who has died after the entry of judgment. Compare FRCP 73(b), which impliedly authorizes such an appeal. The sixth sentence authorizes an attorney of record for the deceased to take an appeal on behalf of successors in interest if the deceased has no representative. At present, if a party entitled to appeal dies before the notice of appeal is filed, the appeal can presumably be taken only by his legal representative and must be taken within the time ordinarily prescribed. 13 Cyclopedia of Federal Procedure (3d Ed.) Sec. 63.21. The states commonly make special provisions for the event of the death of a party entitled to appeal, usually by extending the time otherwise prescribed. Rules of Civil Procedure for Superior Courts of Arizona, Rule 73(t), 16 A.R.S.; New Jersey Rev. Rules 1:3-3; New York Civil Practice Law and Rules, Sec. 1022; Wisconsin Statutes Ann. 274.01(2). The provision in the proposed rule is derived from California Code of Civil Procedure, Sec. 941. Subdivision (c). This subdivision is derived from FRCP 25(d) and Supreme Court Rule 48, with appropriate changes. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1986 AMENDMENT The amendments to Rules 43(a) and (c) are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Substitution of parties, see Rule 25, Federal Rules of Civil Procedure, this Appendix. ------DocID 37088 Document 31 of 1414------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 43 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VI -HEAD- Rule 43. Taking of Testimony -STATUTE- (a) Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by an Act of Congress or by these rules, the Federal Rules of Evidence, or other rules adopted by the Supreme Court. ((b) Scope of Examination and Cross-Examination.) (Abrogated Nov. 20, 1972, and Dec. 18, 1972, eff. July 1, 1975) ((c) Record of Excluded Evidence.) (Abrogated Nov. 20, 1972, and Dec. 18, 1972, eff. July 1, 1975) (d) Affirmation in Lieu of Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof. (e) Evidence on Motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. (f) Interpreters. The court may appoint an interpreter of its own selection and may fix the interpreter's reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the court may direct, and may be taxed ultimately as costs, in the discretion of the court. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Nov. 20, 1972, and Dec. 18, 1972, eff. July 1, 1975; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). The first sentence is a restatement of the substance of U.S.C., Title 28, (former) Sec. 635 (Proof in common-law actions), Sec. 637 (see 2072, 2073) (Proof in equity and admiralty), and (former) Equity Rule 46 (Trial - Testimony Usually Taken in Open Court - Rulings on Objections to Evidence). This rule abolishes in patent and trade-mark actions, the practice under (former) Equity Rule 48 of setting forth in affidavits the testimony in chief of expert witnesses whose testimony is directed to matters of opinion. The second and third sentences on admissibility of evidence and Subdivision (b) on contradiction and cross-examination modify U.S.C., Title 28, Sec. 725 (now 1652) (Laws of states as rules of decision) insofar as that statute has been construed to prescribe conformity to state rules of evidence. Compare Callihan and Ferguson, Evidence and the New Federal Rules of Civil Procedure, 45 Yale L.J. 622 (1936), and Same: 2, 47 Yale L.J. 195 (1937). The last sentence modifies to the extent indicated U.S.C., Title 28, (former) Sec. 631 (Competency of witnesses governed by State laws). Note to Subdivision (b). See 4 Wigmore on Evidence (2d ed., 1923) Sec. 1885 et seq. Note to Subdivision (c). See (former) Equity Rule 46 (Trial - Testimony Usually Taken in Open Court - Rulings on Objections to Evidence). With the last sentence compare Dowagiac v. Lochren, 143 Fed. 211 (C.C.A.8th, 1906). See also Blease v. Garlington, 92 U.S. 1, 23 L.Ed. 521 (1876); Nelson v. United States, 201 U.S. 92. 114, 26 S.Ct. 358, 50 L.Ed. 673 (1906); Unkle v. Wills, 281 Fed. 29 (C.C.A.8th 1922). See Rule 61 for harmless error in either the admission or exclusion of evidence. Note to Subdivision (d). See (former) Equity Rule 78 (Affirmation in Lieu of Oath) and U.S.C., Title 1, Sec. 1 (Words importing singular number, masculine gender, etc.; extended application), providing for affirmation in lieu of oath. NOTES OF ADVISORY COMMITTEE ON RULES - SUPPLEMENTARY NOTE REGARDING RULES 43 AND 44 Note. These rules have been criticized and suggested improvements offered by commentators. 1 Wigmore on Evidence, 3d ed. 1940, 200-204; Green, The Admissibility of Evidence Under the Federal Rules, 1941, 55 Harv.L.Rev. 197. Cases indicate, however, that the rule is working better than these commentators had expected. Boerner v. United States, C.C.A.2d, 1941, 117 F.2d 387, cert. den., 1941, 313 U.S. 587, 61 S.Ct. 1120; Mosson v. Liberty Fast Freight Co., C.C.A.2d, 1942, 124 F.2d 448; Hartford Accident & Indemnity Co. v. Olivier, C.C.A.5th, 1941, 123 F.2d 709; Anzano v. Metropolitan Life Ins. Co. of New York, C.C.A.3d, 1941, 118 F.2d 430; Franzen v. E. I. DuPont De Nemours & Co., C.C.A.3d, 1944, 146 F.2d 837; Fakouri v. Cadais, C.C.A.5th, 1945, 147 F.2d 667; In re C. & P. Co., S.D.Cal. 1945, 63 F.Supp. 400, 408. But cf. United States v. Aluminum Co. of America, S.D.N.Y. 1938, 1 Fed.Rules Serv. 43a.3, Case 1; Note, 1946, 46 Col.L.Rev. 267. While consideration of a comprehensive and detailed set of rules of evidence seems very desirable, it has not been feasible for the Committee so far to undertake this important task. Such consideration should include the adaptability to federal practice of all or parts of the proposed Code of Evidence of the American Law Institute. See Armstrong, Proposed Amendments to Federal Rules of Civil Procedure, 4 F.R.D. 124, 137-138. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT This new subdivision authorizes the court to appoint interpreters (including interpreters for the deaf), to provide for their compensation, and to tax the compensation as costs. Compare proposed subdivision (b) of Rule 28 of the Federal Rules of Criminal Procedure. NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Rule 43, entitled Evidence, has heretofore served as the basic rule of evidence for civil cases in federal courts. Its very general provisions are superseded by the detailed provisions of the new Rules of Evidence. The original title and many of the provisions of the rule are, therefore, no longer appropriate. Subdivision (a). The provision for taking testimony in open court is not duplicated in the Rules of Evidence and is retained. Those dealing with admissibility of evidence and competency of witnesses, however, are no longer needed or appropriate since those topics are covered at large in the Rules of Evidence. They are accordingly deleted. The language is broadened, however, to take account of acts of Congress dealing with the taking of testimony, as well as of the Rules of Evidence and any other rules adopted by the Supreme Court. Subdivision (b). The subdivision is no longer needed or appropriate since the matters with which it deals are treated in the Rules of Evidence. The use of leading questions, both generally and in the interrogation of an adverse party or witness identified with him, is the subject of Evidence Rule 611(c). Who may impeach is treated in Evidence Rule 601 and scope of cross-examination is covered in Evidence Rule 611(b). The subdivision is accordingly deleted. Subdivision (c). Offers of proof and making a record of excluded evidence are treated in Evidence Rule 103. The subdivision is no longer needed or appropriate and is deleted. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendment is technical. No substantive change is intended. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (a), are set out in this Appendix. -MISC2- EFFECTIVE DATE OF AMENDMENTS PROPOSED NOVEMBER 20, 1972, AND DECEMBER 18, 1972 Amendments of this rule embraced by orders entered by the Supreme Court of the United States on November 20, 1972, and December 18, 1972, effective on the 180th day beginning after January 2, 1975, see section 3 of Pub. L. 93-595, Jan. 2, 1975, 88 Stat. 1959, set out as a note under section 2074 of this title. -CROSS- CROSS REFERENCES Amendment of pleading to conform to evidence, see rule 15. Certified public accountant as witness before master, statement of accounts as evidence, see rule 53. Compelling giving of testimony, application of rules, see rule 81. Depositions of witnesses in foreign country, see section 1781 of this title. Documentary evidence, see section 1731 et seq. of this title. Evidence - Generally, see section 1731 et seq. of this title. Hearing before master, see rule 53. Exceptions to rulings unnecessary, see rule 46. Harmless error in admitting or excluding evidence, see rule 61. Interested persons, competency, see section 1822 of this title. Notary public and other persons authorized to administer oaths required by laws of the United States, see section 2903 of Title 5, Government Organization and Employees. Offer of judgment, see rule 68. Perpetuation of testimony by action, see rule 27. Pre-trial procedure, see rule 16. Proof of official record, see rule 44. Record made in regular course of business, see section 1732 of this title. Record on appeal, form of testimony included in, see Federal Rules of Appellate Procedure, rule 10. Subpoena for attendance of witnesses and obtaining evidence, see rule 45. Transcript of evidence, filing by master with report, see rule 53. United States, evidence to establish claim on default, see rule 55. Witnesses generally, see section 1821 et seq. of this title. ------DocID 37311 Document 32 of 1414------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 43 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VIII -HEAD- Rule 43. Costs -STATUTE- .1. If a judgment or decree is affirmed by this Court, costs shall be paid by the petitioner or appellant, unless otherwise ordered by the Court. .2. If a judgment or decree is reversed or vacated by this Court, costs shall be allowed to the petitioner or appellant, unless otherwise ordered by the Court. .3. The fees of the Clerk and the costs of printing the joint appendix are the only taxable items in this Court. The cost of the transcript of the record from the court below is also a taxable item, but shall be taxable in that court as costs in the case. The expenses of printing briefs, motions, petitions, or jurisdictional statements are not taxable. .4. In a case involving a certified question, costs shall be equally divided unless otherwise ordered by the Court; but if a decision is rendered on the whole matter in controversy, see Rule 19.2, costs shall be allowed as provided in paragraphs .1 and .2 of this Rule. .5. In a civil action commenced on or after July 18, 1966, costs under this Rule shall be allowed for or against the United States, or an officer or agent thereof, unless expressly waived or otherwise ordered by the Court. See 28 U.S.C. Sec. 2412. .6. When costs are allowed in this Court, the Clerk shall insert an itemization of the costs in the body of the mandate or judgment sent to the court below. The prevailing side shall not submit a bill of costs. .7. If appropriate, the Court may adjudge double costs. ------DocID 37365 Document 33 of 1414------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 43 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE VI -HEAD- Rule 43. Taking of Testimony -STATUTE- (a) Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by an Act of Congress or by these rules or the Federal Rules of Evidence. (b) Affirmation in Lieu of Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof. (c) Evidence on Motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or deposition. (d) Interpreters. The court may appoint an interpreter of its own selection and may fix the interpreter's reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the court may direct and may be taxed ultimately as costs, in the discretion of the court. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subd. (a), are set out in this Appendix. ------DocID 37473 Document 34 of 1414------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 43 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE VI -HEAD- Rule 43. Taking of Testimony (FOOTNOTE 1) -STATUTE- (FOOTNOTE 1) As provided in 28 U.S.C. Sec. 2641(a), the Federal Rules of Evidence apply to all actions in this court, except as provided in 28 U.S.C. Sec. 2639 and 2641(b), or the rules of the court. (a) Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by an Act of Congress, or by these rules, or by the Federal Rules of Evidence. (b) Affirmation in Lieu of Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof. (c) Evidence on Motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or deposition. (d) Interpreters. The court may appoint an interpreter of its own selection and may fix the interpreter's reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the court may direct, and may be taxed ultimately as costs, in the discretion of the court. (e) Documents Specially Admissible. (1) Reports - Depositions - Affidavits. In addition to other admissible evidence, when the value of merchandise or any of its components is in issue, reports or depositions of consuls, customs officers, and other officers of the United States and depositions and affidavits of other persons whose attendance cannot reasonably be had, may be admitted in evidence, as provided in 28 U.S.C. Sec. 2639(c), when served upon the opposing party in accordance with this rule. (2) Service. A copy of any report, deposition or affidavit described in paragraph (1) of this subdivision (e), which is intended to be offered in evidence, shall be served on the opposing party with the request for trial. A party other than the party serving the request for trial shall serve a copy of any report, deposition or affidavit which that party intends to offer in evidence upon the opposing party within 15 days after service of the request for trial. Timely service of copies of such documents may be waived or the time extended upon consent, or by order of the court for good cause shown. (3) Objections. Objections to the admission of such documents in evidence may be made at the trial. (4) Pricelists - Catalogs. When the value of merchandise is in issue, pricelists and catalogs may be admitted into evidence when duly authenticated, relevant, and material. -SOURCE- (As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subd. (a), are set out in this Appendix. ------DocID 37595 Document 35 of 1414------ -CITE- 29 USC Sec. 43 to 45b -EXPCITE- TITLE 29 CHAPTER 4 -HEAD- Sec. 43 to 45b. Omitted -COD- CODIFICATION Section 43, formerly constituting part of section 7 of act June 2, 1920, ch. 219, 41 Stat. 737, as amended by Ex. Ord. No. 6166, Sec. 15, June 10, 1933; 1939 Reorg. Plan No. I, Sec. 201, 204, eff. July 1, 1939, related to report, by Federal Security Agency, of gifts or donations. Act June 2, 1920, was amended generally by act July 6, 1943, ch. 190, 57 Stat. 374, which did not contain similar provisions. Section 44, formerly constituting part of section 7 of act June 2, 1920, ch. 219, 41 Stat. 737, related to prohibition of discrimination for or against persons entitled to benefits of act of June 2, 1920. Act June 2, 1920, was amended generally by act July 6, 1943, ch. 190, 57 Stat. 374, which did not contain similar provisions. Section 45, act Mar. 10, 1924, ch. 46, Sec. 5, 43 Stat. 18, related to extension of provisions of sections 31 to 44 of this title to the Territory of Hawaii and appropriation authorization for allotment. Section 45a, acts Mar. 3, 1931, ch. 404, Sec. 2, 46 Stat. 1489; May 17, 1932, ch. 190, 47 Stat. 158, related to extension of provisions of sections 31 to 44 of this title upon the same terms and conditions as any of the several states. Section 45b, acts Aug. 14, 1935, ch. 531, title V, Sec. 531, 49 Stat. 633; Aug. 10, 1939, ch. 666, title V, Sec. 508, 53 Stat. 1381, related to an authorization of appropriations for each fiscal year after fiscal year ending June 30, 1937, and appropriations therefor together with apportionment of appropriations to the states and to the Territory of Hawaii. ------DocID 38510 Document 36 of 1414------ -CITE- 30 USC Sec. 43 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 43. Conditions of sale by local legislature -STATUTE- As a condition of sale, in the absence of necessary legislation by Congress, the local legislature of any State or Territory may provide rules for working mines, involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. -SOURCE- (R.S. Sec. 2338.) -COD- CODIFICATION R.S. Sec. 2338 derived from act July 26, 1866, ch. 262, Sec. 5, 14 Stat. 252. -MISC3- SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. -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, 102 of this title; title 16 section 460mm-1. ------DocID 39723 Document 37 of 1414------ -CITE- 33 USC Sec. 43 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 43. Saint Marys River, Ohio and Indiana -STATUTE- Saint Marys River, Ohio and Indiana, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. -SOURCE- (Aug. 8, 1917, ch. 49, Sec. 17, 40 Stat. 268.) ------DocID 41179 Document 38 of 1414------ -CITE- 36 USC Sec. 43 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 43. Purposes of corporation -STATUTE- The purpose of this corporation shall be: To uphold and defend the Constitution of the United States of America; to promote peace and good will among the peoples of the United States and all the nations of the earth; to preserve the memories and incidents of the two World Wars and the other great hostilities fought to uphold democracy; to cement the ties and comradeship born of service; and to consecrate the efforts of its members to mutual helpfulness and service to their country. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 3, 41 Stat. 285; Oct. 29, 1942, ch. 633, Sec. 1, 56 Stat. 1012; July 26, 1955, ch. 386, Sec. 1, 69 Stat. 379; Sept. 1, 1966, Pub. L. 89-550, Sec. 1, 80 Stat. 371.) -MISC1- AMENDMENTS 1966 - Pub. L. 89-550 substituted 'and the other great hostilities' for 'and the Korean hostilities'. 1955 - Act July 26, 1955, amended section generally, inserting reference to Korean hostilities. 1942 - Act Oct. 29, 1942, amended section generally, inserting reference to the Constitution and to second world war. ------DocID 41945 Document 39 of 1414------ -CITE- 36 USC CHAPTER 43 -EXPCITE- TITLE 36 CHAPTER 43 -HEAD- CHAPTER 43 - PARALYZED VETERANS OF AMERICA -MISC1- Sec. 1151. Corporation created. 1152. Completion of organization. 1153. Purposes of corporation. 1154. Powers of corporation. 1155. Prohibition against issuance of stock or business activities. 1156. Nonpolitical nature of corporation. 1157. Membership. 1158. Principal office; territorial scope of activities. 1159. Use of assets on dissolution or liquidation. 1160. Exclusive right to name, emblems, seals, and badges. 1161. Books and records; inspection. 1162. Agents for service of process. 1163. Extension of privileges and rights granted under other laws. 1164. Distribution of income or assets to members; loans. 1165. Liability for acts of officers and agents. 1166. Audit of financial transactions. 1167. Reservation of right to amend or repeal chapter. ------DocID 43252 Document 40 of 1414------ -CITE- 38 USC CHAPTER 43 -EXPCITE- TITLE 38 PART III CHAPTER 43 -HEAD- CHAPTER 43 - VETERANS' REEMPLOYMENT RIGHTS -MISC1- Sec. 2021. Right to reemployment of inducted persons; benefits protected. 2022. Enforcement procedures. 2023. Reemployment by the United States, territory, possession, or the District of Columbia. 2024. Rights of persons who enlist or are called to active duty; Reserves. 2025. Assistance in obtaining reemployment. 2026. Prior rights for reemployment. PRIOR PROVISIONS A prior chapter 43 'Mustering-Out Payments', Pub. L. 85-857, Sept. 2, 1950, 72 Stat. 1222, 1223, which consisted of sections 2101 to 2105, was repealed by Pub. L. 89-50, Sec. 1(a), June 24, 1965, 79 Stat. 173. AMENDMENTS 1974 - Pub. L. 93-508, title IV, Sec. 404(a), Dec. 3, 1974, 88 Stat. 1594, added chapter 43 heading and section analysis. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2002A, 2006 of this title; title 26 section 3121; title 42 section 410. ------DocID 43589 Document 41 of 1414------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rule 43 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rule 43. Substitution of Parties -STATUTE- (a) Death of a Party. (1) Before Notice of Appeal. If a party entitled to appeal dies before filing a Notice of Appeal, the Notice of Appeal may be filed within the time limit in Rule 4 by any person claiming entitlement to accrued benefits under 38 U.S.C. Sec. 3021(a), by the personal representative of the deceased party's estate, by any other appropriate person, or, if there is no such person, by the party's representative of record before the Board. (2) After Notice of Appeal. If a party dies after a Notice of Appeal is filed or while a proceeding is pending in this Court, any person claiming entitlement to accrued benefits under 38 U.S.C. Sec. 3021(a), the personal representative of the deceased party's estate, or any other appropriate person may be substituted as a party on motion by such person or by any party. If no such person exists, any party may suggest the death on the record and proceedings will then be as the Court directs. (b) Substitution for Other Causes. If substitution of a party in this Court is necessary for any reason other than death, the Court may order it on motion of any party or on its own initiative. (c) Public Officers; Death or Separation from Office. (1) Naming as Party. The Secretary must be described as appellee by name and by official title. Any other public officer who is a party in an official capacity may be described as a party by official title rather than by name; but the Court may require that the name of the public officer be added. (2) Death or Separation. When a public officer is a party in an official capacity and during the proceedings dies, resigns, or otherwise ceases to hold office, the proceedings are not stopped, and the public officer's successor is automatically substituted as a party. Proceedings following the substitution must be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties will be disregarded. ------DocID 43842 Document 42 of 1414------ -CITE- 40 USC Sec. 43 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 43. Advertisements and sales in or around Washington Monument -STATUTE- No advertisement of any kind shall be displayed and no articles of any kind shall be sold in or around the Washington Monument, except upon the written authority of the Director of the National Park Service. -SOURCE- (Mar. 4, 1909, ch. 299, 35 Stat. 997; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.) -COD- CODIFICATION Section is based on act Mar. 4, 1909, which appropriated funds for care and maintenance of the Washington Monument. -CHANGE- CHANGE OF NAME Act Mar. 2, 1934, changed name of Office of National Parks, Buildings, and Reservations of Department of the Interior to National Park Service. -TRANS- TRANSFER OF FUNCTIONS Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, Government Organization and Employees, abolished Office of Public Buildings and Public Parks of National Capital and transferred its functions to Office of National Parks, Buildings, and Reservations of Department of the Interior. Act Feb. 26, 1925, transferred functions of Secretary of War under this section, as enacted originally, to Directors of Public Buildings and Public Parks of National Capital. -MISC5- SIMILAR PROVISIONS Feb. 9, 1909, ch. 101, 35 Stat. 615. May 27, 1908, ch. 200, 35 Stat. 357. ------DocID 44618 Document 43 of 1414------ -CITE- 41 USC Sec. 43 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 43. Walsh-Healey provisions not applicable to certain contracts -STATUTE- Sections 35 to 45 of this title shall not apply to purchases of such materials, supplies, articles, or equipment as may usually be bought in the open market; nor shall they apply to perishables, including dairy, livestock and nursery products, or to agricultural or farm products processed for first sale by the original producers; nor to any contracts made by the Secretary of Agriculture for the purchase of agricultural commodities or the products thereof. Nothing in said sections shall be construed to apply to carriage of freight or personnel by vessel, airplane, bus, truck, express, or railway line where published tariff rates are in effect or to common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.). -SOURCE- (June 30, 1936, ch. 881, Sec. 9, 49 Stat. 2039.) -REFTEXT- REFERENCES IN TEXT The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code see section 609 of Title 47 and Tables. -CROSS- CROSS REFERENCES President's authority to make exceptions in case of construction contracts for naval vessels, see section 7299 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 43a of this title. ------DocID 44777 Document 44 of 1414------ -CITE- 42 USC Sec. 28 to 43 -EXPCITE- TITLE 42 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 28 to 43. Repealed. July 1, 1944, ch. 373, title XIII, Sec. 1313, 58 Stat. 714 -MISC1- Section 28, acts July 1, 1902, ch. 1370, Sec. 3, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309; July 9, 1918, ch. 143, ch. XV, Sec. 3, 40 Stat. 886, provided divisions under Assistant Surgeons General and the rank, pay, and allowances of said Assistants. See sections 206, 207, and 210 of this title. Section 28a, act Apr. 9, 1930, ch. 125, Sec. 10(c), 46 Stat. 152, provided for a chief of the narcotics division. See section 206 of this title. Section 29, acts July 1, 1902, ch. 1370, Sec. 7, 32 Stat. 713; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for conferences with State and Territorial boards of health. See section 242n of this title. Section 30, acts July 1, 1902, ch. 1370, Sec. 8, 32 Stat. 714; Aug. 14, 1912, ch. 288, Sec. 1, 37 Stat. 309, provided for compilation of mortality, morbidity, and vital statistics. See section 242k(g) of this title. Section 31, act June 5, 1920, ch. 235, Sec. 1, 41 Stat. 883, provided that officers of Service could make allotments of their pay. See section 704 of Title 37, Pay and Allowances of the Uniformed Services. Section 32, act Mar. 6, 1920, ch. 94, Sec. 1, 41 Stat. 507, provided for purchase of quartermaster supplies by officers of Service. See section 210 of this title. Section 33, act Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1378, provided for limitations on expenditure of appropriations. See section 227 of this title. Section 33a, act May 14, 1935, ch. 110, 49 Stat. 229, provided for covering into Treasury moneys collected for treatment of foreign seamen and other pay patients. See section 221 of this title. Section 34, acts July 1, 1902, ch. 1370, Sec. 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, Sec. 2, 37 Stat. 309; Apr. 9, 1930, ch. 125, Sec. 10(a), 46 Stat. 152, provided for titles for officers of the Service. See section 207 of this title. Section 35, act Apr. 9, 1930, ch. 125, Sec. 10(a), 46 Stat. 152, provided titles for officers other than medical officers of Service. See section 207 of this title. Section 36, act Apr. 9, 1930, ch. 125, Sec. 10(a), 46 Stat. 152, provided titles for officers in grade of Assistant Surgeons General. See section 206 of this title. Section 37, acts Apr. 9, 1930, ch. 125, Sec. 9, 46 Stat. 151; Nov. 11, 1943, ch. 298, Sec. 7, 57 Stat. 588, provided for promotions, pay and allowances, and severance from Service of commissioned officers. See sections 209 et seq. of this title. Section 38, act Apr. 9, 1930, ch. 125, Sec. 4, 46 Stat. 150, provided for appointment and grades of medical, dental, sanitary engineer, and pharmacist officers. See section 209 of this title. Section 39, Apr. 9, 1930, ch. 125, Sec. 5, 46 Stat. 150, provided for number, pay and allowances, and service credits for pay purposes of medical, dental, sanitary engineer, and pharmacist officers. See sections 209 et seq. of this title. Section 40, act Apr. 9, 1930, ch. 125, Sec. 11, 46 Stat. 152, provided for appointment and qualifications of employees other than commissioned officers. See section 209 of this title. Section 41, act Apr. 9, 1930, ch. 125, Sec. 7, 46 Stat. 151, provided for appointment of persons other than commissioned officers for scientific research. See section 209 of this title. Section 42, act Apr. 9, 1930, ch. 125, Sec. 12, 46 Stat. 152, provided for medical and hospital services to officers disabled by sickness or injury. See sections 213 and 248 of this title. Section 43, act Mar. 3, 1919, ch. 98, Sec. 3, 40 Stat. 1303, related to transfer of property and equipment to Service. Act Mar. 4, 1921, ch. 156, 41 Stat. 1365, formerly cited to section 43, was repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641. RENUMBERING AND REPEAL OF REPEALING ACT Section 1313, formerly Sec. 611, of act July 1, 1944, which repealed these sections, was renumbered Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec. 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813 by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013 by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113 by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506; Sec. 1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec. 1313 by Pub. L. 93-154, Sec. 2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936. ------DocID 45775 Document 45 of 1414------ -CITE- 42 USC Sec. 300ff-43 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIV Part C subpart i -HEAD- Sec. 300ff-43. Requirement of matching funds -STATUTE- (a) In general In the case of any State to which the criterion described in subsection (c) of this section applies, the Secretary may not make a grant under section 300ff-41 of this title unless the State agrees that, with respect to the costs to be incurred by the State in carrying out the purpose referred to in such subsection, the State will, subject to subsection (b)(2) of this section, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount equal to - (1) for the first fiscal year for which such criterion applies to the State, not less than 16 2/3 percent of such costs ($1 for each $5 of Federal funds provided in the grant); (2) for any second such fiscal year, not less than 20 percent of such costs ($1 for each $4 of Federal funds provided in the grant); (3) for any third such fiscal year, not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant); and (4) for any subsequent fiscal year, not less than 33 1/3 percent of such costs ($1 for each $2 of Federal funds provided in the grant). (b) Determination of amount of non-Federal contribution (1) In general Non-Federal contributions required in subsection (a) of this section may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (2) Inclusion of certain amounts (A) In making a determination of the amount of non-Federal contributions made by a State for purposes of subsection (a) of this section, the Secretary shall, subject to subparagraph (B), include any non-Federal contributions provided by the State for HIV-related services, without regard to whether the contributions are made for programs established pursuant to this subchapter. (B) In making a determination for purposes of subparagraph (A), the Secretary may not include any non-Federal contributions provided by the State as a condition of receiving Federal funds under any program under this subchapter (except for the program established in section 300ff-41 of this title) or under other provisions of law. (c) Applicability of matching requirement (1) Percentage of national number of cases (A) The criterion referred to in subsection (a) of this section is, with respect to a State, that the number of cases of acquired immune deficiency syndrome reported to and confirmed by the Director of the Centers for Disease Control for the State for the period described in subparagraph (B) constitutes more than 1 percent of the number of such cases reported to and confirmed by the Director for the United States for such period. (B) The period referred to in subparagraph (A) is the 2-year period preceding the fiscal year for which the State involved is applying to receive a grant under section 300ff-41 of this title. (2) Exemption For purposes of paragraph (1), the number of cases of acquired immune deficiency syndrome reported and confirmed for the Commonwealth of Puerto Rico for any fiscal year shall be deemed to be less than 1 percent. (d) Diminished State contribution With respect to a State that does not make available the entire amount of the non-Federal contribution referred to in subsection (a) of this section, the State shall continue to be eligible to receive Federal funds under a grant under section 300ff-41 of this title, except that the Secretary in providing Federal funds under the grant shall provide such funds (in accordance with the ratios prescribed in paragraph (1)) only with respect to the amount of funds contributed by such State. -SOURCE- (July 1, 1944, ch. 373, title XXVI, Sec. 2643, as added Aug. 18, 1990, Pub. L. 101-381, title III, Sec. 301(a), 104 Stat. 600.) ------DocID 47746 Document 46 of 1414------ -CITE- 42 USC CHAPTER 43 -EXPCITE- TITLE 42 CHAPTER 43 -HEAD- CHAPTER 43 - DEPARTMENT OF HEALTH AND HUMAN SERVICES -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 3501. Establishment of Department; effective date. 3501a. Additional Assistant Secretaries. 3502. Assistant Secretary for Administration; appointment and duties. 3502a. Administrator of Social and Rehabilitation Service; appointment and confirmation. 3503. Omitted. 3504. General Counsel; appointment. 3505. Seal. 3505a. Office of Population Affairs; establishment; Deputy Assistant Secretary for Population Affairs; appointment; staff and consultants. 3505b. Functions and duties of Deputy Assistant Secretary for Population Affairs. 3505c. Repealed. 3505d. National Health Professional Shortage Clearinghouse. (a) Establishment; function. (b) Information and listing services available without charge. (c) Authorization of appropriations. 3506. Travel and subsistence expenses of officers and employees in connection with attendance at meetings or in performing advisory services. 3507. Transfer of personnel and household goods; delegation of Secretary's authority. 3508. Omitted. 3509. Annual report on advisory councils. (a) Submission to Congress; contents. (b) Recommendations by Secretary. (c) 'Statutory advisory council' defined. 3510, 3511. Transferred. 3512. Office to assist small manufacturers of medical devices; establishment. 3513. Working capital fund; establishment; amount; use; reimbursement. 3513a. Working capital fund; availability for centralized personnel data collection and reporting and common regional administrative support services. 3513b. Working capital fund; availability for common personnel support services. 3514. Special account for grants of Department; reports. SUBCHAPTER II - OFFICE OF INSPECTOR GENERAL 3521 to 3527. Repealed. ------DocID 6986 Document 47 of 1414------ -CITE- 2 USC Sec. 43 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 43. Mileage of Senators, Representatives, and Delegates -STATUTE- Each Senator, Representative, and Delegate shall receive mileage at the rate of 20 cents per mile, to be estimated by the nearest route usually traveled in going to and returning from each regular session. -SOURCE- (July 28, 1866, ch. 296, Sec. 17, 14 Stat. 323.) -MISC1- REPEALS Act Jan. 20, 1874, ch. 11, 18 Stat. 4, repealed so much of act Mar. 3, 1873, ch. 226, 17 Stat. 486, as provided for increase in compensation of Members of Congress and Delegates and that their compensation and allowances should be fixed by laws in force at time of passage of said act Mar. 3, 1873. -CROSS- CROSS REFERENCES Additional transportation expenses, reimbursement of Senators and Members of House of Representatives, see section 43b of this title. Adjustment of allowances by Committee on House Administration, see section 57 of this title. ------DocID 50974 Document 48 of 1414------ -CITE- 43 USC CHAPTER 1 -EXPCITE- TITLE 43 CHAPTER 1 -HEAD- CHAPTER 1 - BUREAU OF LAND MANAGEMENT -MISC1- Sec. 1. Repealed. 2. Duties concerning public lands. 3 to 5. Repealed or Omitted. 6. Duties of employees to certify, record, etc., patents. 7 to 10. Repealed or Omitted. 11. Restriction on officers, clerks, and employees. 12. Seal, books, and records. 13. Original papers on file as evidence.