I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:23:56. Database: USCODE Search: (45:CITE) ------DocID 52674 Document 1 of 512------ -CITE- 45 USC TITLE 45 -EXPCITE- TITLE 45 -HEAD- TITLE 45 - RAILROADS -MISC1- Chap. Sec. 1. Safety Appliances and Equipment on Railroad Engines and Cars, and Protection of Employees and Travelers 1 2. Liability for Injuries to Employees 51 3. Hours of Service of Employees 61 4. Care of Animals in Transit 71 5. Government-Aided Railroads 81 6. Mediation, Conciliation, and Arbitration in Controversies Between Carriers and Employees (Repealed or Omitted) 101 7. Adjustment Boards and Labor Boards (Repealed) 131 8. Railway Labor 151 9. Retirement of Railroad Employees 201 10. Tax on Carriers and Employees (Repealed or Omitted) 241 11. Railroad Unemployment Insurance 351 12. Temporary Railroad Unemployment Insurance Program 401 13. Railroad Safety 421 14. Rail Passenger Service 501 15. Emergency Rail Services 661 16. Regional Rail Reorganization 701 17. Railroad Revitalization and Regulatory Reform 801 18. Milwaukee Railroad Restructuring 901 19. Rock Island Railroad Employee Assistance 1001 20. Northeast Rail Service 1101 21. Alaska Railroad Transfer 1201 22. Conrail Privatization 1301 -CROSS- CROSS REFERENCES Land grant in aid of railroads, see section 881 et seq. of Title 43, Public Lands. ------DocID 10419 Document 2 of 512------ -CITE- 7 USC CHAPTER 45 -EXPCITE- TITLE 7 CHAPTER 45 -HEAD- CHAPTER 45 - SOIL BANK PROGRAM -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 1801 to 1816. Repealed. SUBCHAPTER II - ACREAGE RESERVE PROGRAM 1821 to 1824. Repealed. SUBCHAPTER III - CONSERVATION RESERVE PROGRAM 1831. Repealed. 1831a. Contract restrictions. 1832 to 1837. Repealed. SUBCHAPTER IV - CROPLAND ADJUSTMENTS 1838. Conversion of cropland into vegetative cover, water storage, wildlife and conservation uses; contracts with farmers. (a) Authority for calendar years 1965 through 1970; term of agreements. (b) Terms of agreement; specifically designated acreage; land use. (c) Federal costs; annual adjustment payment. (d) Advertising and bid procedures. (e) Annual adjustment payment; limitation. (f) Termination or modification of agreements. (g) Allotment histories. (h) Utilization of local, county, and State committees. (i) Transfer of funds. (j) Conservation of open spaces, natural beauty, and recreational resources, and prevention of pollution. (k) Limitation on payments during any calendar year. (l) Use of facilities of Commodity Credit Corporation. (m) Payment to successor upon death, incompetence, or disappearance of producer entitled to payment. (n) Sharing of compensation or payments with tenants and sharecroppers. (o) Effect of diversion on commodity programs. (p) Advisory Board on Wildlife; membership. (q) Regulations. ------DocID 11479 Document 3 of 512------ -CITE- 8 USC Sec. 44, 45 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- Sec. 44, 45. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948 -MISC1- Section 44, act Mar. 1, 1875, ch. 114, Sec. 4, 18 Stat. 336, related to exclusion of jurors on account of race or color. See section 243 of Title 18, Crimes and Criminal Procedure. Section 45, acts Mar. 1, 1875, ch. 114, Sec. 3, 18 Stat. 336; May 28, 1896, ch. 252, Sec. 19, 29 Stat. 184, related to prosecutions for banning jurors because of race or color. See section 243 of Title 18. ------DocID 12118 Document 4 of 512------ -CITE- 10 USC CHAPTER 45 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 45 -HEAD- CHAPTER 45 - THE UNIFORM -MISC1- Sec. 771. Unauthorized wearing prohibited. 771a. Disposition on discharge. 772. When wearing by persons not on active duty authorized. 773. When distinctive insignia required. 774. Religious apparel: wearing while in uniform. 775. Applicability of chapter. AMENDMENTS 1987 - Pub. L. 100-180, div. A, title V, Sec. 508(b), Dec. 4, 1987, 101 Stat. 1087, added item 774 and redesignated former item 774 as 775. 1968 - Pub. L. 90-235, Sec. 8(1)(B), Jan. 2, 1968, 81 Stat. 764, added item 771a. -CROSS- CROSS REFERENCES Particular provisions relating to uniforms - Coast Guard, see sections 483 to 485, 891, 892 of Title 14, Coast Guard. National Guard, see sections 701, 705 of Title 32, National Guard. Naval service, see sections 6155, 6156 of this title. ------DocID 14639 Document 5 of 512------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 45 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS REVISION OF RULES -HEAD- Rule 45. Rules Advisory Committee -STATUTE- (a) Establishment of committee; membership. A Rules Advisory Committee is hereby created for this Court. The Committee shall consist of not less than 9 members of the Bar of this Court and shall be selected by the Court, in such a way as to represent a broad cross-section of the legal profession. Representatives from government, the law schools, and public interest groups shall, when practicable, be included on the Committee, as shall private practitioners. The Clerk of the Court shall be a member of the Committee and shall serve as its Reporter. (b) Duties of committee. The Rules Advisory Committee appointed by this Court shall have an advisory role concerning practice and procedure before the Court. The Committee shall, among other things, (1) provide a forum for continuous study of the operating procedures and published rules of the Court; (2) serve as a conduit between the Bar, the public, and the Court regarding the Rules of the Court, procedural matters, and suggestions for changes; (3) draft, consider and recommend rules and amendments to the Court for adoption; and (4) render reports from time to time, on its own initiative and on request, to the Court on the activities and recommendations of the Committee. The Committee shall prepare appropriate explanatory materials with respect to any rule change or other recommendation it submits to the Court. (c) Terms of members; chairman. With the exception of the Clerk of the Court, the members of the Committee shall serve three-year terms, which will be staggered in such a way as to enable the Court to appoint or reappoint one-third of the Committee each year. The Court shall appoint one of the members of the Committee to serve as chairman. ------DocID 17009 Document 6 of 512------ -CITE- 13 USC Sec. 45 -EXPCITE- TITLE 13 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 45. Simultaneous publication of cotton reports -STATUTE- The reports of cotton ginned to the dates as of which the Department of Agriculture is also required to issue cotton crop reports shall be issued simultaneously with the cotton crop reports of that department, the two reports to be issued from the same place at 3 o'clock postmeridian on or before the 12th day of the month to which the respective reports relate. -SOURCE- (Aug. 31, 1954, ch. 1158, 68 Stat. 1017; June 30, 1972, Pub. L. 92-331, Sec. 3, 86 Stat. 400.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., Sec. 76 (Apr. 2, 1924, ch. 80, Sec. 6, 43 Stat. 32; June 18, 1929, ch. 28, Sec. 21, 46 Stat. 26; June 28, 1949, ch. 256, Sec. 2, 63 Stat. 278). AMENDMENTS 1972 - Pub. L. 92-331 substituted provisions requiring the two reports to be issued from the same place at 3 o'clock postmeridian on or before the 12th day of the month to which the respective reports relate for provisions requiring the two reports to be issued from the same place at 11 o'clock antemeridian on the 8th day following that on which the respective reports relate, and struck out provisions setting forth the date of release in the event the original release date falls on a Sunday, legal holiday, or other nonworkday in the Department of Commerce at Washington. -CROSS- CROSS REFERENCES Cotton crop reports, issuance by Secretary of Agriculture simultaneously with cotton-ginning reports of Bureau of the Census see section 475 of Title 7, Agriculture. ------DocID 17082 Document 7 of 512------ -CITE- 14 USC Sec. 45 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- (Sec. 45. Repealed. Pub. L. 86-474, Sec. 1(4), May 14, 1960, 74 Stat. 144) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 498, related to permanent grade of Commandant on expiration of term. ------DocID 17485 Document 8 of 512------ -CITE- 15 USC Sec. 45 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 45. Unfair methods of competition unlawful; prevention by Commission -STATUTE- (a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade (1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful. (2) The Commission is empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in section 57a(f)(3) of this title, Federal credit unions described in section 57a(f)(4) of this title, common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.), and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et seq.), except as provided in section 406(b) of said Act (7 U.S.C. 227(b)), from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce. (3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless - (A) such methods of competition have a direct, substantial, and reasonably foreseeable effect - (i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or (ii) on export commerce with foreign nations, of a person engaged in such commerce in the United States; and (B) such effect gives rise to a claim under the provisions of this subsection, other than this paragraph. If this subsection applies to such methods of competition only because of the operation of subparagraph (A)(ii), this subsection shall apply to such conduct only for injury to export business in the United States. (b) Proceeding by Commission; modifying and setting aside orders Whenever the Commission shall have reason to believe that any such person, partnership, or corporation has been or is using any unfair method of competition or unfair or deceptive act or practice in or affecting commerce, and if it shall appear to the Commission that a proceeding by it in respect thereof would be to the interest of the public, it shall issue and serve upon such person, partnership, or corporation a complaint stating its charges in that respect and containing a notice of a hearing upon a day and at a place therein fixed at least thirty days after the service of said complaint. The person, partnership, or corporation so complained of shall have the right to appear at the place and time so fixed and show cause why an order should not be entered by the Commission requiring such person, partnership, or corporation to cease and desist from the violation of the law so charged in said complaint. Any person, partnership, or corporation may make application, and upon good cause shown may be allowed by the Commission to intervene and appear in said proceeding by counsel or in person. The testimony in any such proceeding shall be reduced to writing and filed in the office of the Commission. If upon such hearing the Commission shall be of the opinion that the method of competition or the act or practice in question is prohibited by this subchapter, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and cause to be served on such person, partnership, or corporation an order requiring such person, partnership, or corporation to cease and desist from using such method of competition or such act or practice. Until the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time, or, if a petition for review has been filed within such time then until the record in the proceeding has been filed in a court of appeals of the United States, as hereinafter provided, the Commission may at any time, upon such notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made or issued by it under this section. After the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time, the Commission may at any time, after notice and opportunity for hearing, reopen and alter, modify, or set aside, in whole or in part any report or order made or issued by it under this section, whenever in the opinion of the Commission conditions of fact or of law have so changed as to require such action or if the public interest shall so require, except that (1) the said person, partnership, or corporation may, within sixty days after service upon him or it of said report or order entered after such a reopening, obtain a review thereof in the appropriate court of appeals of the United States, in the manner provided in subsection (c) of this section; and (2) in the case of an order, the Commission shall reopen any such order to consider whether such order (including any affirmative relief provision contained in such order) should be altered, modified, or set aside, in whole or in part, if the person, partnership, or corporation involved files a request with the Commission which makes a satisfactory showing that changed conditions of law or fact require such order to be altered, modified, or set aside, in whole or in part. The Commission shall determine whether to alter, modify, or set aside any order of the Commission in response to a request made by a person, partnership, or corporation under paragraph (FOOTNOTE 1) (2) not later than 120 days after the date of the filing of such request. (FOOTNOTE 1) So in original. Probably should be 'clause'. (c) Review of order; rehearing Any person, partnership, or corporation required by an order of the Commission to cease and desist from using any method of competition or act or practice may obtain a review of such order in the court of appeals of the United States, within any circuit where the method of competition or the act or practice in question was used or where such person, partnership, or corporation resides or carries on business, by filing in the court, within sixty days from the date of the service of such order, a written petition praying that the order of the Commission be set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission, and thereupon the Commission shall file in the court the record in the proceeding, as provided in section 2112 of title 28. Upon such filing of the petition the court shall have jurisdiction of the proceeding and of the question determined therein concurrently with the Commission until the filing of the record and shall have power to make and enter a decree affirming, modifying, or setting aside the order of the Commission, and enforcing the same to the extent that such order is affirmed and to issue such writs as are ancillary to its jurisdiction or are necessary in its judgement to prevent injury to the public or to competitors pendente lite. The findings of the Commission as to the facts, if supported by evidence, shall be conclusive. To the extent that the order of the Commission is affirmed, the court shall thereupon issue its own order commanding obedience to the terms of such order of the Commission. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Commission may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, which, if supported by evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of its original order, with the return of such additional evidence. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28. (d) Jurisdiction of court Upon the filing of the record with it the jurisdiction of the court of appeals of the United States to affirm, enforce, modify, or set aside orders of the Commission shall be exclusive. (e) Exemption from liability No order of the Commission or judgement of court to enforce the same shall in anywise relieve or absolve any person, partnership, or corporation from any liability under the Antitrust Acts. (f) Service of complaints, orders and other processes; return Complaints, orders, and other processes of the Commission under this section may be served by anyone duly authorized by the Commission, either (a) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or the president, secretary, or other executive officer or a director of the corporation to be served; or (b) by leaving a copy thereof at the residence or the principal office or place of business of such person, partnership, or corporation; or (c) by mailing a copy thereof by registered mail or by certified mail addressed to such person, partnership, or corporation at his or its residence or principal office or place of business. The verified return by the person so serving said complaint, order, or other process setting forth the manner of said service shall be proof of the same, and the return post office receipt for said complaint, order, or other process mailed by registered mail or by certified mail as aforesaid shall be proof of the service of the same. (g) Finality of order An order of the Commission to cease and desist shall become final - (1) Upon the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time; but the Commission may thereafter modify or set aside its order to the extent provided in the last sentence of subsection (b); or (2) Upon the expiration of the time allowed for filing a petition for certiorari, if the order of the Commission has been affirmed, or the petition for review dismissed by the court of appeals, and no petition for certiorari has been duly filed; or (3) Upon the denial of a petition for certiorari, if the order of the Commission has been affirmed or the petition for review dismissed by the court of appeals; or (4) Upon the expiration of thirty days from the date of issuance of the mandate of the Supreme Court, if such Court directs that the order of the Commission be affirmed or the petition for review dismissed. (h) Modification or setting aside of order by Supreme Court If the Supreme Court directs that the order of the Commission be modified or set aside, the order of the Commission rendered in accordance with the mandate of the Supreme Court shall become final upon the expiration of thirty days from the time it was rendered, unless within such thirty days either party has instituted proceedings to have such order corrected to accord with the mandate, in which event the order of the Commission shall become final when so corrected. (i) Modification or setting aside of order by Court of Appeals If the order of the Commission is modified or set aside by the court of appeals, and if (1) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or (2) the petition for certiorari has been denied, or (3) the decision of the court has been affirmed by the Supreme Court, then the order of the Commission rendered in accordance with the mandate of the court of appeals shall become final on the expiration of thirty days from the time such order of the Commission was rendered, unless within such thirty days either party has instituted proceedings to have such order corrected so that it will accord with the mandate, in which event the order of the Commission shall become final when so corrected. (j) Rehearing upon order or remand If the Supreme Court orders a rehearing; or if the case is remanded by the court of appeals to the Commission for a rehearing, and if (1) the time allowed for filing a petition for certiorari has expired, and no such petition has been duly filed, or (2) the petition for certiorari has been denied, or (3) the decision of the court has been affirmed by the Supreme Court, then the order of the Commission rendered upon such rehearing shall become final in the same manner as though no prior order of the Commission had been rendered. (k) 'Mandate' defined As used in this section the term 'mandate', in case a mandate has been recalled prior to the expiration of thirty days from the date of issuance thereof, means the final mandate. (l) Penalty for violation of order; injunctions and other appropriate equitable relief Any person, partnership, or corporation who violates an order of the Commission after it has become final, and while such order is in effect, shall forfeit and pay to the United States a civil penalty of not more than $10,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the Attorney General of the United States. Each separate violation of such an order shall be a separate offense, except that in a case of a violation through continuing failure to obey or neglect to obey a final order of the Commission, each day of continuance of such failure or neglect shall be deemed a separate offense. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate in the enforcement of such final orders of the Commission. (m) Civil actions for recovery of penalties for knowing violations of rules and cease and desist orders respecting unfair or deceptive acts or practices; jurisdiction; maximum amount of penalties; continuing violations; de novo determinations; compromise or settlement procedure (1)(A) The Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person, partnership, or corporation which violates any rule under this chapter respecting unfair or deceptive acts or practices (other than an interpretive rule or a rule violation of which the Commission has provided is not an unfair or deceptive act or practice in violation of subsection (a)(1) of this section) with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such act is unfair or deceptive and is prohibited by such rule. In such action, such person, partnership, or corporation shall be liable for a civil penalty of not more than $10,000 for each violation. (B) If the Commission determines in a proceeding under subsection (b) of this section that any act or practice is unfair or deceptive, and issues a final cease and desist order with respect to such act or practice, then the Commission may commence a civil action to obtain a civil penalty in a district court of the United States against any person, partnership, or corporation which engages in such act or practice - (1) after such cease and desist order becomes final (whether or not such person, partnership, or corporation was subject to such cease and desist order), and (2) with actual knowledge that such act or practice is unfair or deceptive and is unlawful under subsection (a)(1) of this section. In such action, such person, partnership, or corporation shall be liable for a civil penalty of not more than $10,000 for each violation. (C) In the case of a violation through continuing failure to comply with a rule or with subsection (a)(1) of this section, each day of continuance of such failure shall be treated as a separate violation, for purposes of subparagraphs (A) and (B). In determining the amount of such a civil penalty, the court shall take into account the degree of culpability, any history of prior such conduct, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. (2) If the cease and desist order establishing that the act or practice is unfair or deceptive was not issued against the defendant in a civil penalty action under paragraph (1)(B) the issues of fact in such action against such defendant shall be tried de novo. (3) The Commission may compromise or settle any action for a civil penalty if such compromise or settlement is accompanied by a public statement of its reasons and is approved by the court. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 5, 38 Stat. 719; Mar. 21, 1938, ch. 49, Sec. 3, 52 Stat. 111; June 23, 1938, ch. 601, title XI, Sec. 1107(f), 52 Stat. 1028; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Mar. 16, 1950, ch. 61, Sec. 4(c), 64 Stat. 21; July 14, 1952, ch. 745, Sec. 2, 66 Stat. 632; Aug. 23, 1958, Pub. L. 85-726, title XIV, Sec. 1401(b), 1411, 72 Stat. 806, 809; Aug. 28, 1958, Pub. L. 85-791, Sec. 3, 72 Stat. 942; Sept. 2, 1958, Pub. L. 85-909, Sec. 3, 72 Stat. 1750; June 11, 1960, Pub. L. 86-507, Sec. 1(13), 74 Stat. 200; Nov. 16, 1973, Pub. L. 93-153, title IV, Sec. 408(c), (d), 87 Stat. 591, 592; Jan. 4, 1975, Pub. L. 93-637, title II, Sec. 201(a), 204(b), 205(a), 88 Stat. 2193, 2200; Dec. 12, 1975, Pub. L. 94-145, Sec. 3, 89 Stat. 801; July 23, 1979, Pub. L. 96-37, Sec. 1(a), 93 Stat. 95; May 28, 1980, Pub. L. 96-252, Sec. 2, 94 Stat. 374; Oct. 8, 1982, Pub. L. 97-290, title IV, Sec. 403, 96 Stat. 1246; Nov. 8, 1984, Pub. L. 98-620, title IV, Sec. 402(12), 98 Stat. 3358; Aug. 10, 1987, Pub. L. 100-86, title VII, Sec. 715(a)(1), 101 Stat. 655.) -REFTEXT- REFERENCES IN TEXT The Acts to regulate commerce, referred to in subsec. (a)(2), are defined in section 44 of this title. The Federal Aviation Act of 1958, referred to in subsec. (a)(2), is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 737, as amended, which is classified generally to chapter 20 (Sec. 1301 et seq.) of Title 49, Appendix, Transportation. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 49, Appendix, and Tables. The Packers and Stockyards Act, 1921, as amended, referred to in subsec. (a)(2), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as amended, which is classified to chapter 9 (Sec. 181 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 181 of Title 7 and Tables. The Antitrust Acts, referred to in subsec. (e), are defined in section 44 of this title. -COD- CODIFICATION In subsec. (c), 'section 1254 of title 28' substituted for 'section 240 of the Judicial Code (28 U.S.C. 347)' on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure. -MISC3- AMENDMENTS 1987 - Subsec. (a)(2). Pub. L. 100-86 inserted 'Federal credit unions described in section 57a(f)(4) of this title,' after 'section 57a(f)(3) of this title,'. 1984 - Subsec. (e). Pub. L. 98-620 struck out provision that such proceedings in the court of appeals had to be given precedence over other cases pending therein, and had to be in every way expedited. 1982 - Subsec. (a)(3). Pub. L. 97-290 added par. (3). 1980 - Subsec. (b). Pub. L. 96-252 added cl. (2) and provision following cl. (2) requiring that the Commission determine whether to alter, modify, or set aside any order of the Commission in response to a request made by a person, partnership, or corporation under paragraph (2) not later than 120 days after the date of the filing of such request. 1979 - Subsec. (a)(2). Pub. L. 96-37 added savings and loan institutions described in section 57a(f)(3) of this title to the enumeration of entities exempted from the Commission's power to prevent the use of unfair methods of competition and unfair or deceptive acts or practices. 1975 - Pub. L. 93-637, Sec. 201(a), substituted 'in or affecting commerce' for 'in commerce' wherever appearing. Subsec. (a). Pub. L. 94-145 struck out pars. (2) to (5) which permitted fair trade pricing of articles for retail sale and State enactment of nonsigner provisions, and redesignated par. (6) as (2). Subsec. (m). Pub. L. 93-637, Sec. 204(b), 205(a), added subsec. (m). Former subsec. (m), relating to the election by the Commission to appear in its own name after notifying and consulting with and giving the Attorney General 10 days to take the action proposed by the Commission, was struck out. 1973 - Subsec. (l). Pub. L. 93-153, Sec. 408(c), raised the maximum civil penalty for each violation to $10,000 and inserted provisions empowering the United States District Courts to grant mandatory injunctions and such other and further equitable relief as they might deem appropriate for the enforcement of final Commission orders. Subsec. (m). Pub. L. 93-153, Sec. 408(d), added subsec. (m). 1960 - Subsec. (f). Pub. L. 86-507 substituted 'mailing a copy thereof by registered mail or by certified mail' for 'registering and mailing a copy thereof', and 'mailed by registered mail or by certified mail' for 'registered and mailed'. 1958 - Subsec. (a)(6). Pub. L. 85-909 substituted 'persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended,' for 'persons, partnerships or corporations subject to the Packers and Stockyards Act, 1921,'. Pub. L. 85-726, Sec. 1411, substituted 'Federal Aviation Act of 1958' for 'Civil Aeronautics Act of 1938'. Subsec. (b). Pub. L. 85-791, Sec. 3(a), struck out 'the transcript of' before 'the record in the proceeding' in sixth sentence. Subsec. (c). Pub. L. 85-791, Sec. 3(b), in second sentence, substituted 'transmitted by the clerk of the court to' for 'served upon', and 'Commission shall file in the court the record in the proceeding, as provided in section 2112 of title 28' for 'Commission forthwith shall certify and file in the court a transcript of the entire record in the proceeding, including all the evidence taken and the report and order of the Commission', and which, in third sentence struck out 'and transcript' after 'petition', inserted 'concurrently with the Commission until the filing of the record' and struck out 'upon the pleadings, evidence, and proceedings set forth in such transcript' before 'a decree affirming'. Subsec. (d). Pub. L. 85-791, Sec. 3(c), substituted 'Upon the filing of the record with it the' for 'The'. 1952 - Subsec. (a). Act July 14, 1952, amended subsec. (a) generally to permit fair trade pricing of articles for retail sale. 1950 - Subsec. (l). Act Mar. 16, 1950, inserted last sentence to make each separate violation of a cease and desist order as a separate offense, except that each day of a continuing failure to obey a final order shall be a separate offense. 1938 - Subsec. (a). Act June 23, 1938, inserted 'air carriers and foreign air carriers subject to chapter 9 of title 49' in second par. Act Mar. 21, 1938, amended section generally. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted 'court of appeals' for 'circuit court of appeals'. -MISC4- EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1980 AMENDMENT Section 23 of Pub. L. 96-252 provided that: 'The provisions of this Act (enacting sections 57a-1 and 57b-1 to 57b-4 of this title, amending this section and sections 46, 50, 57a, 57c, and 58 of this title, and enacting provisions set out as notes under sections 46, 57a, 57a-1, 57c, and 58 of this title), and the amendments made by this Act, shall take effect on the date of the enactment of this Act (May 28, 1980).' EFFECTIVE DATE OF 1975 AMENDMENTS Amendment by Pub. L. 94-145 effective upon expiration of ninety-day period beginning on Dec. 12, 1975, see section 4 of Pub. L. 94-145, set out as a note under section 1 of this title. Amendment by section 204(b) of Pub. L. 93-637 not applicable to any civil action commenced before Jan. 4, 1975, see section 204(c) of Pub. L. 93-637, set out as a note under section 56 of this title. Section 205(b) of Pub. L. 93-637 provided that: 'The amendment made by subsection (a) of this section (amending this section) shall not apply to any violation, act, or practice to the extent that such violation, act, or practice occurred before the date of enactment of this Act (Jan. 4, 1975).' EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-726 effective on 60th day following the date on which the Administrator of the Federal Aviation Agency first appointed under Pub. L. 85-726 qualifies and takes office, see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of Title 49, Appendix, Transportation. The Administrator was appointed, qualified, and took office on October 31, 1958. EFFECTIVE DATE OF 1950 AMENDMENT Amendment by act Mar. 16, 1950, effective July 1, 1950, see note set out under section 347 of Title 21, Food and Drugs. -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. -MISC5- CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE COVERING GRANT OF DISTRICT SUBPENA ENFORCEMENT AUTHORITY AND AUTHORITY TO GRANT PRELIMINARY INJUNCTIVE RELIEF Section 408(a), (b) of Pub. L. 93-153 provided that: '(a)(1) The Congress hereby finds that the investigative and law enforcement responsibilities of the Federal Trade Commission have been restricted and hampered because of inadequate legal authority to enforce subpenas and to seek preliminary injunctive relief to avoid unfair competitive practices. '(2) The Congress further finds that as a direct result of this inadequate legal authority significant delays have occurred in a major investigation into the legality of the structure, conduct, and activities of the petroleum industry, as well as in other major investigations designed to protect the public interest. '(b) It is the purpose of this Act (amending this section and sections 46, 53, and 56 of this title) to grant the Federal Trade Commission the requisite authority to insure prompt enforcement of the laws the Commission administers by granting statutory authority to directly enforce subpenas issued by the Commission and to seek preliminary injunctive relief to avoid unfair competitive practices.' PURPOSE OF ACT JULY 14, 1952 Section 1 of act July 14, 1952, provided: 'That it is the purpose of this Act (amending this section) to protect the rights of States under the United States Constitution to regulate their internal affairs and more particularly to enact statutes and laws, and to adopt policies, which authorize contracts and agreements prescribing minimum or stipulated prices for the resale of commodities and to extend the minimum or stipulated prices prescribed by such contracts and agreements to persons who are not parties thereto. It is the further purpose of this Act to permit such statutes, laws, and public policies to apply to commodities, contracts, agreements, and activities in or affecting interstate or foreign commerce.' -CROSS- CROSS REFERENCES Certiorari and appeal, see section 1254 of Title 28, Judiciary and Judicial Procedure. Enforcement by Federal Trade Commission of requirements imposed under section 1601 et seq. of this title, see section 1607 of this title. Enforcement of provisions of sections 13, 14, 18 and 19 of this title, see section 21 of this title. Proceedings to enforce penalty for violations of order, see section 56 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1, 16a, 18a, 52, 53, 56, 57a, 57b, 57b-1, 1456, 1681s, 2006, 2310, 2823, 4002, 4021, 4301, 4404 of this title; title 7 sections 193, 228b-2; title 16 section 1385; title 17 section 109; title 21 sections 347b, 378; title 39 section 3009; title 42 section 6303; title 47 section 303c. ------DocID 17787 Document 9 of 512------ -CITE- 15 USC Sec. 80a-45 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-45. Reports by Commission; hiring and leasing authority -STATUTE- (a) Annual report The Commission shall submit annually a report to the Congress covering the work of the Commission for the preceding year and including such information, data, and recommendations for further legislation in connection with the matters covered by this subchapter as it may find advisable. (b) Hiring and leasing authority The provisions of section 78d(b) of this title shall be applicable with respect to the power of the Commission - (1) to appoint and fix the compensation of such employees as may be necessary for carrying out its functions under this subchapter, and (2) to lease and allocate such real property as may be necessary for carrying out its functions under this subchapter. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 46, 54 Stat. 845; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Nov. 15, 1990, Pub. L. 101-550, title I, Sec. 104(c), 104 Stat. 2714.) -MISC1- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-550 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to appointment and compensation of employees. 1949 - Subsec. (b). Act Oct. 28, 1949, substituted 'Classification Act of 1949' for 'Classification Act of 1923'. REPEALS Act Oct. 28, 1949, ch. 782, set out in the credit of this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18824 Document 10 of 512------ -CITE- 15 USC CHAPTER 45 -EXPCITE- TITLE 15 CHAPTER 45 -HEAD- CHAPTER 45 - EMERGENCY LOAN GUARANTEES TO BUSINESS ENTERPRISES -MISC1- 1841. Emergency Loan Guarantee Board; establishment; membership; voting. 1842. Authority for loan guarantees; terms and conditions. 1842. Authority for loan guarantees; terms and conditions. 1843. Limitations and conditions of loan guarantees. (a) Necessary findings. (b) Term of loans; renewal. (c) Interest rates, determination; guarantee fee. 1844. Security for loan guarantees. 1845. Requirements applicable to loan guarantees. (a) Stock dividends or other payments, prohibition; waiver. (b) Managerial changes. (c) Financial statement; access to documents. (d) Exhaustion of remedies. (e) Protective provisions; advances. (f) Loan security, priority; collateral. 1846. Powers and duties. (a) Board; inspection of documents; disapproval of certain transactions. (b) General Accounting Office; audit; report to Board and Congress. 1847. Maximum obligation. 1848. Emergency loan guarantee fund. (a) Establishment; use; investment. (b) Guarantee fee; deposits in fund. (c) Payments; issuance of notes or other obligations when fund moneys insufficient: forms and denominations, maturities, terms and conditions, interest rate; public debt transaction. 1849. Federal Reserve banks as fiscal agents. 1850. Protection of Government's interest. (a) Attorney General, enforcement authority; payments into emergency loan guarantee fund. (b) Recovery rights; subrogation. 1851. Reports to Congress; recommendations. 1852. Termination date. ------DocID 19674 Document 11 of 512------ -CITE- 16 USC Sec. 44, 45 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 44, 45. Transferred -COD- CODIFICATION Section 44, act Oct. 1, 1890, ch. 1263, Sec. 1, 26 Stat. 650, was transferred to section 471c of this title. Section 45, act Oct. 1, 1890, ch. 1263, Sec. 3, 26 Stat. 651, was transferred to section 471d of this title. ------DocID 21427 Document 12 of 512------ -CITE- 16 USC Sec. 460uu-45 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-45. Acoma Pueblo exchanges -STATUTE- (a) Lands to be exchanged (1) Upon the request of the Pueblo of Acoma, the Secretary shall acquire by exchange any lands held in trust for the Pueblo of Acoma (hereinafter referred to as 'trust lands') located within the boundary of the conservation area which the Pueblo wishes to exchange pursuant to this section. Such trust lands shall be exchanged either for - (A) lands described in subsection (c) of this section (with respect to trust lands west of New Mexico Highway 117); or (B) public lands of approximately equal value located outside the monument and outside the conservation area but within the boundaries of the State of New Mexico which are selected by the Pueblo of Acoma, so long as such exchange is consistent with applicable law and Bureau of Land Management resource management plans developed pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (2) All lands selected by and transferred to the Pueblo of Acoma at its request pursuant to this section shall thereafter be held in trust by the Secretary for the Pueblo of Acoma in the same manner as the lands for which they were exchanged. (3) Any lands west of New Mexico Highway 117 which are acquired by the Secretary pursuant to this section shall be incorporated into the monument and managed accordingly, and section 460uu-3 of this title and all other provisions of this subchapter and other law applicable to lands designated by this subchapter as part of the monument shall apply to such incorporated lands. (b) Public lands available for exchange For purposes of acquiring lands pursuant to subsection (a) of this section, the Secretary, consistent with applicable law and Bureau of Land Management resource management plans described in subsection (a) of this section, shall make public lands within the boundaries of the State of New Mexico available for exchange. Nothing in this subchapter shall be construed as authorizing or requiring revocation of any existing withdrawal or classification of public land except in a manner consistent with applicable law. (c) Public lands available for transfer; management of lands not exchanged or transferred (1) The Secretary shall make the lands within the areas identified as 'Acoma Potential Exchange Areas' on the map referenced in section 460uu-21 of this title available for transfer to the Pueblo of Acoma pursuant to this subsection. (2) Upon a request of the Pueblo of Acoma submitted to the Secretary no later than one year after December 31, 1987, lands within the areas described in paragraph (1) shall be transferred to the Pueblo of Acoma in exchange for trust lands of approximately equal value within that portion of the conservation area west of New Mexico Highway 117. The Secretary may require exchanges of land under this subsection to be on the basis of compact and contiguous parcels. (3) Any lands within the areas described in paragraph (1) not proposed for exchange by a request submitted to the Secretary by the Pueblo of Acoma within the period specified in paragraph (2), and any lands in such areas not ultimately transferred pursuant to this subsection, shall be incorporated within the conservation area and managed accordingly. In addition, any lands in that portion of the areas described in paragraph (1) lying in section 1, township 7N, range 9W, New Mexico Principal Meridian, not transferred to the Pueblo of Acoma pursuant to this subsection shall be added to and incorporated within the Cebolla Wilderness and managed accordingly. -SOURCE- (Pub. L. 100-225, title V, Sec. 505, Dec. 31, 1987, 101 Stat. 1545.) -REFTEXT- REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(1)(B), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (Sec. 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460uu-46 of this title. ------DocID 23212 Document 13 of 512------ -CITE- 16 USC CHAPTER 45 -EXPCITE- TITLE 16 CHAPTER 45 -HEAD- CHAPTER 45 - URBAN PARK AND RECREATION RECOVERY PROGRAM -MISC1- Sec. 2501. Congressional findings. 2502. Congressional statement of purpose; short-term complementary program authorization; terms and conditions. 2503. Definitions. 2504. Federal assistance grants. (a) General purpose local governments eligible for assistance; basis; publication in Federal Register: list of eligibles, criteria of eligibility. (b) Other general purpose local governments eligible for assistance; limitation of funds. (c) Priority criteria for project selection and approval. 2505. Rehabilitation and innovation grants. (a) Authorization; transfer; payments; modification. (b) Special considerations. 2506. Local commitments to system recovery and maintenance. (a) Recovery action programs; preliminary action programs; five-year recovery action programs; continuing planning process. (b) Recovery action program special considerations. (c) Recovery action program grants. 2507. State action incentive; Federal implementation grants, increase. 2508. Matching requirements; non-Federal share of project costs. 2509. Conversion of recreation property. 2510. Coordination of program. 2511. Recordkeeping; audit and examination; access to books and records. 2512. Authorization of appropriations. 2513. Limitation of use of funds. 2514. Sunset and reporting provisions; reports to Congress. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 43 section 1457a. ------DocID 23816 Document 14 of 512------ -CITE- 18 USC Sec. 45 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- (Sec. 45. Repealed. Pub. L. 101-647, title XII, Sec. 1206(a), Nov. 29, 1990, 104 Stat. 4832) -MISC1- Section, act June 25, 1948, ch. 645, 62 Stat. 688, related to penalties for capturing or killing carrier pigeons. ------DocID 24119 Document 15 of 512------ -CITE- 18 USC CHAPTER 45 -EXPCITE- TITLE 18 PART I CHAPTER 45 -HEAD- CHAPTER 45 - FOREIGN RELATIONS -MISC1- Sec. 951. Agents of foreign governments. 952. Diplomatic codes and correspondence. 953. Private correspondence with foreign governments. 954. False statements influencing foreign government. 955. Financial transactions with foreign governments. 956. Conspiracy to injure property of foreign government. 957. Possession of property in aid of foreign government. 958. Commission to serve against friendly nation. 959. Enlistment in foreign service. 960. Expedition against friendly nation. 961. Strengthening armed vessel of foreign nation. 962. Arming vessel against friendly nation. 963. Detention of armed vessel. 964. Delivering armed vessel to belligerent nation. 965. Verified statements as prerequisite to vessel's departure. 966. Departure of vessel forbidden for false statements. 967. Departure of vessel forbidden in aid of neutrality. (968, 969. Repealed.) 970. Protection of property occupied by foreign governments. AMENDMENTS 1990 - Pub. L. 101-647, title XII, Sec. 1207(a), title XXXV, Sec. 3530, Nov. 29, 1990, 104 Stat. 4832, 4924, struck out item 968 'Exportation of war materials to certain countries' and item 969 'Exportation of arms, liquors and narcotics to Pacific Islands'. 1972 - Pub. L. 92-539, title IV, Sec. 402, Oct. 24, 1972, 86 Stat. 1073, added item 970. ------DocID 25136 Document 16 of 512------ -CITE- 18 USC Rule 45 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 45. Time -STATUTE- (a) Computation. In computing any period of time the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of some paper in court, a day on which weather or other conditions have made the office of the clerk of the district court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When a period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. As used in these rules, 'legal holiday' includes New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the state in which the district court is held. (b) Enlargement. When an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done if the failure to act was the result of excusable neglect; but the court may not extend the time for taking any action under Rules 29, 33, 34 and 35, except to the extent and under the conditions stated in them. ((c) Unaffected by Expiration of Term.) (Rescinded Feb. 28, 1966, eff. July 1, 1966) (d) For Motions; Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and opposing affidavits may be served not less than 1 day before the hearing unless the court permits them to be served at a later time. (e) Additional Time After Service by Mail. Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper upon that party and the notice or other paper is served by mail, 3 days shall be added to the prescribed period. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Apr. 28, 1982, eff. Aug. 1, 1982; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES The rule is in substance the same as Rule 6 of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). It seems desirable that matters covered by this rule should be regulated in the same manner for civil and criminal cases, in order to preclude possibility of confusion. Note to Subdivision (a). This rule supersedes the method of computing time prescribed by Rule 13 of the Criminal Appeals Rules, promulgated on May 7, 1934, 292 U.S. 661. Note to Subdivision (c). This rule abolishes the expiration of a term of court as a time limitation for the taking of any step in a criminal proceeding, as is done for civil cases by Rule 6(c) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). In view of the fact that the duration of terms of court varies among the several districts and the further fact that the length of time for the taking of any step limited by a term of court depends on the stage within the term when the time begins to run, specific time limitations have been substituted for the taking of any step which previously had to be taken within the term of court. Note to Subdivision (d). Cf. Rule 47 (Motions) and Rule 49 (Service and filing of papers). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Subdivision (a). - This amendment conforms the subdivision with the amendments made effective on July 1, 1963, to the comparable provision in Civil Rule 6(a). The only major change is to treat Saturdays as legal holidays for the purpose of computing time. Subdivision (b). - The amendment conforms the subdivision to the amendments made effective in 1948 to the comparable provision in Civil Rule 6(b). One of these conforming changes, substituting the words 'extend the time' for the words 'enlarge the period' clarifies the ambiguity which gave rise to the decision in United States v. Robinson, 361 U.S. 220 (1960). The amendment also, in connection with the amendments to Rules 29 and 37, makes it clear that the only circumstances under which extensions can be granted under Rules 29, 33, 34, 35, 37(a)(2) and 39(c) are those stated in them. Subdivision (c). - Subdivision (c) of Rule 45 is rescinded as unnecessary in view of the 1963 amendment to 28 U.S.C. Sec. 138 eliminating terms of court. NOTES OF ADVISORY COMMITTEE ON RULES - 1968 AMENDMENT The amendment eliminates inappropriate references to Rules 37 and 39 which are to be abrogated. NOTES OF ADVISORY COMMITTEE ON RULES - 1971 AMENDMENT The amendment adds Columbus Day to the list of legal holidays to conform the subdivision to the Act of June 28, 1968, 82 Stat. 250, which constituted Columbus Day a legal holiday effective after January 1, 1971. The Act, which amended Title 5, U.S.C., Sec. 6103(a), changes the day on which certain holidays are to be observed. Washington's Birthday, Memorial Day and Veterans Day are to be observed on the third Monday in February, the last Monday in May and the fourth Monday in October, respectively, rather than, as heretofore, on February 22, May 30, and November 11, respectively. Columbus Day is to be observed on the second Monday in October. New Year's Day, Independence Day, Thanksgiving Day and Christmas continue to be observed on the traditional days. NOTES OF ADVISORY COMMITTEE ON RULES - 1982 AMENDMENT The amendment to subdivision (a) takes account of the fact that on rare occasion severe weather conditions or other circumstances beyond control will make it impossible to meet a filing deadline under Rule 45(a). Illustrative is an incident which occurred in Columbus, Ohio during the 'great blizzard of 1978,' in which weather conditions deteriorated to the point where personnel in the clerk's office found it virtually impossible to reach the courthouse, and where the GSA Building Manager found it necessary to close and secure the entire building. The amendment covers that situation and also similar situations in which weather or other conditions made the clerk's office, though open, not readily accessible to the lawyer. Whether the clerk's office was in fact 'inaccessible' on a given date is to be determined by the district court. Some state time computation statutes contain language somewhat similar to that in the amendment; see, e.g., Md.Code Ann. art. 94, Sec. 2. NOTES OF ADVISORY COMMITTEE ON RULES - 1985 AMENDMENT The rule is amended to extend the exclusion of intermediate Saturdays, Sundays, and legal holidays to the computation of time periods less than 11 days. Under the current version of the Rule, parties bringing motions under rules with 10-day periods could have as few as 5 working days to prepare their motions. This change corresponds to the change being made in the comparable provision in Fed.R.Civ.P. 6(a). The Birthday of Martin Luther King, Jr., which becomes a legal holiday effective January 1986, has been added to the list of legal holidays enumerated in the Rule. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Additional time after service by mail, see rule 6, Title 28, Appendix, Judiciary and Judicial Procedure. Computation of time, see rule 6. Enlargement of time, see rule 6. Time for motions and affidavits, see rule 6. CROSS REFERENCES Motions generally, see rule 47. Service and filing of papers, see rule 49. ------DocID 25178 Document 17 of 512------ -CITE- 19 USC Sec. 42 to 45 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 42 to 45. Repealed. Aug. 8, 1953, ch. 397, Sec. 2(a), 67 Stat. 507 -MISC1- Sections, R.S. Sec. 2639 to 2641, 2643, related to various accounting duties of collectors, comptrollers, and surveyors of customs. Those provisions are covered generally in chapters 33 and 35 of Title 31, Money and Finance. Section 42 was amended by act July 31, 1894, ch. 174, Sec. 19, 28 Stat. 210. EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Repeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953. ------DocID 26094 Document 18 of 512------ -CITE- 20 USC Sec. 45 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 45. Special meetings of members -STATUTE- The members of the institution may hold stated and special meetings, for the supervision of the affairs of the institution and the advice and instruction of the Board of Regents, to be called in the manner provided for in the by-laws of the institution, at which the President, and in his absence the Vice President, shall preside. -SOURCE- (R.S. Sec. 5585.) -COD- CODIFICATION R.S. Sec. 5585 derived from act Aug. 10, 1846, ch. 178, Sec. 8, 9 Stat. 103. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title. ------DocID 27463 Document 19 of 512------ -CITE- 20 USC CHAPTER 45 -EXPCITE- TITLE 20 CHAPTER 45 -HEAD- CHAPTER 45 - CAREER EDUCATION AND CAREER DEVELOPMENT -MISC1- SUBCHAPTER I - CAREER EDUCATION AND DEVELOPMENT PROGRAMS AND ACTIVITIES Sec. 2501. Statement of purpose. 2502. Funding requirements. (a) Authorization of appropriations. (b) Availability of amounts appropriated; allotments to States, etc. (c) Federal share. 2503. Administration by Office of Career Education. 2504. Prerequisites for State participation. 2505. Grants or contracts. (a) Information gathering; analysis of career trends and options; publication of periodic reports and reference works; conduct of seminars, workshops, etc. (b) Implementation requirements. 2506. Functions of National Advisory Council for Career Education. SUBCHAPTER II - GUIDANCE AND COUNSELING ACTIVITIES AND PROGRAMS 2531. Congressional findings. 2532. Authorization of appropriations. (a) Fiscal years 1978 through 1983. (b) Limitations; allotments to States, etc.; reallotments. 2533. Administration by unit in Department of Education. (a) Establishment; functions. (b) Reservation of amount for implementation. 2534. Contracts and grants to States, educational agencies, etc. (a) Implementation of programs. (b) Coordination of programs of guidance and counseling. SUBCHAPTER III - MISCELLANEOUS PROVISIONS 2561 to 2563. Omitted. 2564. Departmental day care center facilities; establishment; fees and charges; equipment and operation by appropriated funds. 2565. Wayne Morse Chair of Law and Politics. (a) Establishment. (b) Federal share; application for financial assistance. (c) Authorization of appropriations. 2566. Hubert H. Humphrey Institute of Public Affairs; grants for development. 2567. Everett McKinley Dirksen Congressional Leadership Research Center; grants for development. 2568. Payments to Humphrey Institute and Dirksen Center; procedures applicable. 2569. Authorization of appropriations for Humphrey Institute and Dirksen Center. (a) Maximum amount for Institute. (b) Maximum amount for Center. (c) Availability of funds. ------DocID 28270 Document 20 of 512------ -CITE- 21 USC Sec. 45 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 45. Permit for delivery; retention of inferior grades; reexamination; partial delivery -STATUTE- If, after an examination as provided in section 44 of this title, the tea is found by the examiner to be equal in purity, quality, and fitness for consumption to the standards provided in sections 41 to 44 of this title, and no reexamination shall be demanded by the collector as provided in section 47 of this title, a permit shall at once be granted to the importer or consignee declaring the tea free from the control of the customs authorities; but if on examination such tea, or merchandise described as tea, is found, in the opinion of the examiner, to be inferior in purity, quality, and fitness for consumption to the said standards the importer or consignee shall be immediately notified, and the tea, or merchandise described as tea, shall not be released by the customhouse, unless on a reexamination called for by the importer or consignee the finding of the examiner shall be found to be erroneous. Should a portion of the invoice be passed by the examiner, a permit shall be granted for that portion and the remainder held for further examination, as provided in said section 47. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 5, 29 Stat. 605.) -TRANS- TRANSFER OF FUNCTIONS For abolition of the offices of collector of customs, see note set out under section 44 of this title. ------DocID 30653 Document 21 of 512------ -CITE- 22 USC CHAPTER 45 -EXPCITE- TITLE 22 CHAPTER 45 -HEAD- CHAPTER 45 - COMMISSION ON SECURITY AND COOPERATION IN EUROPE -MISC1- Sec. 3001. Commission on Security and Cooperation in Europe; establishment. 3002. Function and duties of Commission. 3003. Commission membership. (a) Selection and appointment of members. (b) Commission Chairman and Cochairman. (c) Designation of Chairman. (d) Designation of Cochairman. 3004. Testimony of witnesses, production of evidence; issuance of subpena; administration of oaths. 3005. Presidential report to Congress; semiannual submission; contents. 3006. Commission report to Congress; periodic reports; expenditure of appropriations. 3007. Appropriations for Commission. (a) Authorization; disbursements. (b) Use of foreign currencies. (c) Official reception and representational expenses. (d) Foreign travel for official purposes. 3008. Commission staff. (a) Personnel and administration committee. (b) Committee functions. (c) Staff appointments. (d) Commission employees as congressional employees. 3009. Printing and binding costs. ------DocID 31521 Document 22 of 512------ -CITE- 24 USC Sec. 45 to 46b -EXPCITE- TITLE 24 CHAPTER 2 -HEAD- Sec. 45 to 46b. Repealed. Pub. L. 101-510, div. A, title XV, Sec. 1532(b)(1), (2), (5), (6), Nov. 5, 1990, 104 Stat. 1733 -MISC1- Section 45, R.S. Sec. 4819; June 12, 1906, ch. 3078, 34 Stat. 242; May 11, 1908, ch. 163, 35 Stat. 110; Nov. 29, 1989, Pub. L. 101-189, div. A, title III, Sec. 347(1), 103 Stat. 1422, authorized commissioners to receive donations for benefit of Soldiers' Home. Section 46, acts Mar. 3, 1883, ch. 130, Sec. 8, 22 Stat. 565; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Dec. 15, 1973, Pub. L. 93-185, 87 Stat. 712, related to investment and withdrawal of funds of Soldiers' Home. Section 46a, act Apr. 9, 1935, ch. 54, title II, 49 Stat. 147, related to deposit and expenditure of interest earned on funds of Soldiers' Home. Section 46b, act July 19, 1937, ch. 511, 50 Stat. 519, related to laws governing administration of funds appropriated from Soldiers' Home Permanent Fund. 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 31717 Document 23 of 512------ -CITE- 25 USC Sec. 45 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 45. Preference to Indians qualified for duties -STATUTE- In all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties. -SOURCE- (R.S. Sec. 2069.) -COD- CODIFICATION R.S. Sec. 2069 derived from act June 30, 1834, ch. 162, Sec. 9, 4 Stat. 737. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Standards for Indians appointed to office, see section 472 of this title. ------DocID 33566 Document 24 of 512------ -CITE- 26 USC Sec. 45 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart D -HEAD- (Sec. 45. Renumbered Sec. 35) ------DocID 34908 Document 25 of 512------ -CITE- 26 USC (CHAPTER 45 -EXPCITE- TITLE 26 Subtitle D (CHAPTER 45 -HEAD- (CHAPTER 45 - REPEALED) ------DocID 36175 Document 26 of 512------ -CITE- 28 USC Sec. 45 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 45. Chief judges; precedence of judges -STATUTE- (a)(1) The chief judge of the circuit shall be the circuit judge in regular active service who is senior in commission of those judges who - (A) are sixty-four years of age or under; (B) have served for one year or more as a circuit judge; and (C) have not served previously as chief judge. (2)(A) In any case in which no circuit judge meets the qualifications of paragraph (1), the youngest circuit judge in regular active service who is sixty-five years of age or over and who has served as circuit judge for one year or more shall act as the chief judge. (B) In any case under subparagraph (A) in which there is no circuit judge in regular active service who has served as a circuit judge for one year or more, the circuit judge in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge. (3)(A) Except as provided in subparagraph (C), the chief judge of the circuit appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge of the circuit. (B) Except as provided in subparagraph (C), a circuit judge acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge has been appointed who meets the qualifications under paragraph (1). (C) No circuit judge may serve or act as chief judge of the circuit after attaining the age of seventy years unless no other circuit judge is qualified to serve as chief judge of the circuit under paragraph (1) or is qualified to act as chief judge under paragraph (2). (b) The chief judge shall have precedence and preside at any session of the court which he attends. Other circuit judges of the court in regular active service shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. The circuit justice, however, shall have precedence over all the circuit judges and shall preside at any session which he attends. (c) If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as circuit judge, he may so certify to the Chief Justice of the United States, and thereafter the chief judge of the circuit shall be such other circuit judge who is qualified to serve or act as chief judge under subsection (a). (d) If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the circuit judge in active service, present in the circuit and able and qualified to act, who is next in precedence. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 871; Oct. 31, 1951, ch. 655, Sec. 35, 65 Stat. 723; Aug. 6, 1958, Pub. L. 85-593, Sec. 1, 72 Stat. 497; Apr. 2, 1982, Pub. L. 97-164, title II, Sec. 201, 204, 96 Stat. 51, 53.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 216 and 216a of title 28, U.S.C., 1940 ed. (Mar. 3, 1911, ch. 231, Sec. 120, 36 Stat. 1132; May 23, 1934, ch. 339, 48 Stat. 796). Subsection (a), providing for 'chief judge,' is new. Such term is adopted to replace the term 'senior circuit judge' in recognition of the great increase in administrative duties of such judge. Subsection (b) conforms with section 4 of this title relating to precedence of associate justices of the Supreme Court, and consolidates the provisions of the second and third sentences of section 216 of title 28, U.S.C., 1940 ed. The designation when filed in the court of appeals will not only record the transfer of function from the relieved chief judge to his successor, but will also determine the question of willingness of the successor to serve. Other provisions of section 216 of title 28, U.S.C., 1940 ed., are covered by section 47 of this title. Subsection (c) is new. Subsection (d) is based on section 216a of title 28, U.S.C., 1940 ed. The official status of the Chief Justice of the Court of Appeals for the District of Columbia holding office on the effective date of the act is preserved by section 2 of the bill to enact revised Title 28. Changes were made in phraseology. AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-164, Sec. 201(a), designated existing first sentence of subsec. (a) as par. (1), substituted 'The chief judge of the circuit shall be the circuit judge in regular active service who is senior in commission of those judges who - (A) are sixty-four years of age or under; (B) have served for one year or more as a circuit judge; and (C) have not served previously as chief judge' for 'The circuit judge in regular active service who is senior in commission and under seventy years of age shall be the chief judge of the circuit' in par. (1) as so designated, designated existing second sentence of subsec. (a) as par. (2)(A), substituted 'In any case in which no circuit judge meets the qualifications of paragraph (1), the youngest circuit judge in regular active service who is sixty-five years of age or over and who has served as circuit judge for one year or more shall act as the chief judge' for 'If all the circuit judges in regular active service are seventy years of age or older the youngest shall act as chief judge until a judge has been appointed and qualified who is under seventy years of age, but a judge may not act as chief judge until he has served as a circuit judge for one year' in par. (2)(A) as so designated, and added pars. (2)(B) and (3). Subsec. (b). Pub. L. 97-164, Sec. 204, inserted 'of the court in regular active service' after 'circuit judges' in second sentence. Subsec. (c). Pub. L. 97-164, Sec. 201(b), amended subsec. (c) generally, substituting 'the chief judge of the circuit shall be such other circuit judge who is qualified to serve or act as chief judge under subsection (a)' for 'the circuit judge in active service next in precedence and willing to serve shall be designated by the Chief Justice as the chief judge of the circuit'. 1958 - Subsec. (a). Pub. L. 85-593 provided that chief judges of circuit courts cease to serve as such upon reaching the age of seventy, that the youngest circuit judge act as chief judge where all circuit judges in regular active service are seventy years or older until a judge under seventy has been appointed and qualified, and that circuit judge must have served one year before acting as chief judge. 1951 - Subsec. (a). Act Oct. 31, 1951, inserted 'in active service who is'. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Section 3 of Pub. L. 85-593, as amended by Pub. L. 95-486, Sec. 4, Oct. 20, 1978, 92 Stat. 1632, provided that: 'The amendments to sections 45 and 136 of title 28 of the United States Code made by this Act shall take effect at the expiration of one year from the date of enactment of this Act (Aug. 6, 1958).' SAVINGS PROVISION Section 203 of part A of title II of Pub. L. 97-164 provided that: '(a) The amendments to section 45 of title 28, United States Code, and to section 136 of such title, made by sections 201 and 202 of this Act, shall not apply to or affect any person serving as chief judge on the effective date of this Act (Oct. 1, 1982). '(b) The provisions of section 45(a) of title 28, United States Code, as in effect on the day before the effective date of this Act (Oct. 1, 1982), shall apply to the chief judge of a circuit serving on such effective date. The provisions of section 136(a) of title 28, United States Code, as in effect on the day before the effective date of this part (Oct. 1, 1982), shall apply to the chief judge of a district court serving on such effective date.' APPOINTMENT OF CHIEF JUDGE OF COURT OF APPEALS FOR THE FEDERAL CIRCUIT Section 166 of Pub. L. 97-164 provided that: 'Notwithstanding the provisions of section 45(a) of title 28, United States Code, the first chief judge of the United States Court of Appeals for the Federal Circuit shall be the Chief Judge of the United States Court of Claims or the Chief Judge of the United States Court of Customs and Patent Appeals, whoever has served longer as chief judge of his court. Notwithstanding section 45 of title 28, United States Code, whichever of the two chief judges does not become the first chief judge of the United States Court of Appeals for the Federal Circuit under the preceding sentence shall, while in active service, have precedence and be deemed senior in commission over all the circuit judges of the United States Court of Appeals for the Federal Circuit (other than the first chief judge of that circuit). When the person who first serves as chief judge of the United States Court of Appeals for the Federal Circuit vacates that position, the position shall be filled in accordance with section 45(a) of title 28, United States Code, as modified by the preceding sentence of this section.' CHIEF JUDGE OF COURT OF APPEALS FOR DISTRICT OF COLUMBIA Section 2(a) of act June 25, 1948, provided in part that the Chief Justice of the Court of Appeals for the District of Columbia in office on Sept. 1, 1948, shall thereafter be known as the Chief Judge. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 372 of this title. ------DocID 36463 Document 27 of 512------ -CITE- 28 USC CHAPTER 45 -EXPCITE- TITLE 28 PART III CHAPTER 45 -HEAD- CHAPTER 45 - SUPREME COURT -MISC1- Sec. 671. Clerk. 672. Marshal. 673. Reporter. 674. Librarian. 675. Law clerks and secretaries. 676. Printing and binding. 677. Administrative Assistant to the Chief Justice. AMENDMENTS 1972 - Pub. L. 92-238, Sec. 2, Mar. 1, 1972, 86 Stat. 46, added item 677. -CROSS- CROSS REFERENCES General provisions applicable to court officers and employees, see sections 951 et seq. of this title. ------DocID 37027 Document 28 of 512------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 45 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 45. Duties of clerks -STATUTE- (a) General provisions. - The clerk of a court of appeals shall take the oath and give the bond required by law. Neither the clerk nor any deputy clerk shall practice as an attorney or counselor in any court while continuing in office. The court of appeals shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process and of making motions and orders. The office of the clerk with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays, but a court may provide by local rule or order that the office of its clerk shall be open for specified hours on Saturdays or on particular legal holidays other than New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. (b) The docket; calendar; other records required. - The clerk shall maintain a docket in such form as may be prescribed by the Director of the Administrative Office of the United States Courts. The clerk shall enter a record of all papers filed with the clerk and all process, orders and judgments. An index of cases contained in the docket shall be maintained as prescribed by the Director of the Administrative Office of the United States Courts. The clerk shall prepare, under the direction of the court, a calendar of cases awaiting argument. In placing cases on the calendar for argument, the clerk shall give preference to appeals in criminal cases and to appeals and other proceedings entitled to preference by law. The clerk shall keep such other books and records as may be required from time to time by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States, or as may be required by the court. (c) Notice of orders or judgments. - Immediately upon the entry of an order or judgment the clerk shall serve a notice of entry by mail upon each party to the proceeding together with a copy of any opinion respecting the order or judgment, and shall make a note in the docket of the mailing. Service on a party represented by counsel shall be made on counsel. (d) Custody of records and papers. - The clerk shall have custody of the records and papers of the court. The clerk shall not permit any original record or paper to be taken from the clerk's custody except as authorized by the orders or instructions of the court. Original papers transmitted as the record on appeal or review shall upon disposition of the case be returned to the court or agency from which they were received. The clerk shall preserve copies of briefs and appendices and other printed papers filed. -SOURCE- (As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. July 1, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES The duties imposed upon clerks of the courts of appeals by this rule are those imposed by rule or practice in a majority of the circuits. The second sentence of subdivision (a) authorizing the closing of the clerk's office on Saturday and non-national legal holidays follows a similar provision respecting the district court clerk's office found in FRCP 77(c) and in FRCrP 56. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1971 AMENDMENT The amendment adds Columbus Day to the list of legal holidays. See the Note accompanying the amendment of Rule 26(a). NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1986 AMENDMENT The amendment to Rule 45(b) permits the courts of appeals to maintain computerized dockets. The Committee believes that the Administrative Office of the United States Courts ought to have maximum flexibility in prescribing the format of this docket in order to ensure a smooth transition from manual to automated systems and subsequent adaptation to technological improvements. The amendments to Rules 45(a) and (d) are technical. No substantive change is intended. The Birthday of Martin Luther King, Jr. has been added to the list of national holidays. -CROSS- CROSS REFERENCES Appointment and removal, see section 711 of this title. Bonds of clerks, see section 951 of this title. Costs and fees, payment by clerk into treasury, see section 711 of this title. Oath of office of clerks, see section 951 of this title. Practice of law restricted, see section 955 of this title. ------DocID 37091 Document 29 of 512------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 45 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VI -HEAD- Rule 45. Subpoena -STATUTE- (a) For Attendance of Witnesses; Form; Issuance. Every subpoena shall be issued by the clerk under the seal of the court, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service. (b) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. (c) Service. A subpoena may be served by the marshal, by a deputy marshal, or by any other person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to that person the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States or an officer or agency thereof, fees and mileage need not be tendered. (d) Subpoena for Taking Depositions; Place of Examination. (1) Proof of service of a notice to take a deposition as provided in Rules 30(b) and 31(a) constitutes a sufficient authorization for the issuance by the clerk of the district court for the district in which the deposition is to be taken of subpoenas for the persons named or described therein. Proof of service may be made by filing with the clerk of the district court for the district in which the deposition is to be taken a copy of the notice together with a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 26(b), but in that event the subpoena will be subject to the provisions of Rule 26(c) and subdivision (b) of this rule. The person to whom the subpoena is directed may, within 10 days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition. (2) A person to whom a subpoena for the taking of a deposition is directed may be required to attend at any place within 100 miles from the place where that person resides, is employed or transacts business in person, or is served, or at such other convenient place as is fixed by an order of court. (e) Subpoena for a Hearing or Trial. (1) At the request of any party subpoenas for attendance at a hearing or trial shall be issued by the clerk of the district court for the district in which the hearing or trial is held. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the district, or at any place without the district that is within 100 miles of the place of the hearing or trial specified in the subpoena, or at a place within the state where a state statute or rule of court permits service of a subpoena issued by a state court of general jurisdiction sitting in the place where the district court is held. When a statute of the United States provides therefor, the court upon proper application and cause shown may authorize the service of a subpoena at any other place. (2) A subpoena directed to a witness in a foreign country shall issue under the circumstances and in the manner and be served as provided in Title 28, U.S.C., Sec. 1783. (f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. -SOURCE- (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule applies to subpoenas ad testificandum and duces tecum issued by the district courts for attendance at a hearing or a trial, or to take depositions. It does not apply to the enforcement of subpoenas issued by administrative officers and commissions pursuant to statutory authority. The enforcement of such subpoenas by the district courts is regulated by appropriate statutes. Many of these statutes do not place any territorial limits on the validity of subpoenas so issued, but provide that they may be served anywhere within the United States. Among such statutes are the following: U.S.C., Title 7, Sec. 222 and 511n (Secretary of Agriculture) U.S.C., Title 15, Sec. 49 (Federal Trade Commission) U.S.C., Title 15, Sec. 77v(b), 78u(c), 79r(d) (Securities and Exchange Commission) U.S.C., Title 16, Sec. 797(g) and 825f (Federal Power Commission) U.S.C., Title 19, Sec. 1333(b) (Tariff Commission) U.S.C., Title 22, Sec. 268, 270d and 270e (International Commissions, etc.) U.S.C., Title 26, Sec. 614, 619(b) (see 7456) (Board of Tax Appeals) U.S.C., Title 26, Sec. 1523(a) (see 7608) (Internal Revenue Officers) U.S.C., Title 29, Sec. 161 (Labor Relations Board) U.S.C., Title 33, Sec. 506 (Secretary of Army) U.S.C., Title 35, Sec. 54-56 (now 24) (Patent Office proceedings) U.S.C., Title 38, (former) Sec. 133 (Veterans' Administration) U.S.C., Title 41, Sec. 39 (Secretary of Labor) U.S.C., Title 45, Sec. 157 Third. (h) (Board of Arbitration under Railway Labor Act) U.S.C., Title 45, Sec. 222(b) (Investigation Commission under Railroad Retirement Act of 1935) U.S.C., Title 46, Sec. 1124(b) (Maritime Commission) U.S.C., Title 47, Sec. 409(c) and (d) (Federal Communications Commission) U.S.C., Title 49, Sec. 12(2) and (3) (now 10321) (Interstate Commerce Commission) U.S.C., Title 49, Sec. 173a (see 1484) (Secretary of Commerce) Note to Subdivisions (a) and (b). These simplify the form of subpoena as provided in U.S.C., Title 28, (former) Sec. 655 (Witnesses; subpoena; form; attendance under); and broaden U.S.C., Title 28, (former) Sec. 636 (Production of books and writings) to include all actions, and to extend to any person. With the provision for relief from an oppressive or unreasonable subpoena duces tecum, compare N.Y.C.P.A. (1937) Sec. 411. Note to Subdivision (c). This provides for the simple and convenient method of service permitted under many state codes; e.g., N.Y.C.P.A. (1937) Sec. 220, 404, J.Ct.Act, Sec. 191; 3 Wash.Rev.Stat.Ann. (Remington, 1932) Sec. 1218. Compare Equity Rule 15 (Process, by Whom Served). For statutes governing fees and mileage of witnesses see: U.S.C., Title 28: Sec. 600a (now 1871) (Per diem; mileage) Sec. 600c (now 1821, 1825) (Amount per diem and mileage for witnesses; subsistence) Sec. 600d (former) (Fees and mileage in certain states) Sec. 601 (former) (Witnesses; fees; enumeration) Sec. 602 (now 1824) (Fees and mileage of jurors and witnesses) Sec. 603 (see Title 5, Sec. 5515, 5537) (No officer of court to have witness fees) Note to Subdivision (d). The method provided in paragraph (1) for the authorization of the issuance of subpoenas has been employed in some districts. See Henning v. Boyle, 112 Fed. 397 (S.D.N.Y., 1901). The requirement of an order for the issuance of a subpoena duces tecum is in accordance with U.S.C., Title 28, (former) Sec. 647 (Deposition under dedimus potestatem; subpoena duces tecum). The provisions of paragraph (2) are in accordance with common practice. See U.S.C., Title 28, (former) Sec. 648 (Deposition under dedimus potestatem; witnesses, when required to attend); N.Y.C.P.A. (1937) Sec. 300; 1 N.J.Rev.Stat. (1937) 2:27-174. Note to Subdivision (e). The first paragraph continues the substance of U.S.C., Title 28, (former) Sec. 654 (Witnesses; subpoenas; may run into another district). Compare U.S.C., Title 11, (former) Sec. 69 (Referees in bankruptcy; contempts before) (production of books and writings) which is not affected by this rule. For examples of statutes which allow the court, upon proper application and cause shown, to authorize the clerk of the court to issue a subpoena for a witness who lives in another district and at a greater distance than 100 miles from the place of the hearing or trial, see: U.S.C., Title 15: Sec. 23 (Suits by United States; subpoenas for witnesses) (under antitrust laws). U.S.C., Title 38: Sec. 445 (now 784) (Actions on claims; jurisdiction; parties; procedure; limitation; witnesses; definitions) (Veterans; insurance contracts). The second paragraph continues the present procedure applicable to certain witnesses who are in foreign countries. See U.S.C., Title 28, Sec. 711 (now 1783) (Letters rogatory to take testimony of witness, addressed to court of foreign country; failure of witness to appear; subpoena) and 713 (now 1783) (Service of subpoena on witness in foreign country). Note to Subdivision (f). Compare (former) Equity Rule 52 (Attendance of Witnesses Before Commissioner, Master, or Examiner). NOTES OF ADVISORY COMMITTEE ON RULES - 1946 AND 1948 AMENDMENTS Note. Subdivision (b). The added words, 'or tangible things' in subdivision (b) merely makes the rule for the subpoena duces tecum at the trial conform to that of subdivision (d) for the subpoena at the taking of depositions. The insertion of the words 'or modify' in clause (1) affords desirable flexibility. Subdivision (d). The added last sentence of amended subdivision (d)(1) properly gives the subpoena for documents or tangible things the same scope as provided in Rule 26(b), thus promoting uniformity. The requirement in the last sentence of original Rule 45(d)(1) - to the effect that leave of court should be obtained for the issuance of such a subpoena - has been omitted. This requirement is unnecessary and oppressive on both counsel and court, and it has been criticized by district judges. There is no satisfactory reason for a differentiation between a subpoena for the production of documentary evidence by a witness at a trial (Rule 45(a)) and for the production of the same evidence at the taking of a deposition. Under this amendment, the person subpoenaed may obtain the protection afforded by any of the orders permitted under Rule 30(b) or Rule 45(b). See Application of Zenith Radio Corp., (E.D.Pa. 1941), 4 Fed.Rules Serv. 30b.21, Case 1, 1 F.R.D. 627; Fox v. House, (E.D.Okla.) 1939, 29 F.Supp. 673; United States of America for the Use of Tilo Roofing Co., Inc. v. J. Slotnik Co., (D.Conn. 1944), 3 F.R.D. 408. The changes in subdivision (d)(2) give the court the same power in the case of residents of the district as is conferred in the case of non-residents, and permit the court to fix a place for attendance which may be more convenient and accessible for the parties than that specified in the rule. NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT At present, when a subpoena duces tecum is issued to a deponent, he is required to produce the listed materials at the deposition, but is under no clear compulsion to permit their inspection and copying. This results in confusion and uncertainty before the time the deposition is taken, with no mechanism provided whereby the court can resolve the matter. Rule 45(d)(1), as revised, makes clear that the subpoena authorizes inspection and copying of the materials produced. The deponent is afforded full protection since he can object, thereby forcing the party serving the subpoena to obtain a court order if he wishes to inspect and copy. The procedure is thus analogous to that provided in Rule 34. The changed references to other rules conform to changes made in those rules. The deletion of words in the clause describing the proper scope of the subpoena conforms to a change made in the language of Rule 34. The reference to Rule 26(b) is unchanged but encompasses new matter in that subdivision. The changes make it clear that the scope of discovery through a subpoena is the same as that applicable to Rule 34 and the other discovery rules. NOTES OF ADVISORY COMMITTEE ON RULES - 1980 AMENDMENT Subdivision (d)(1). The amendment defines the term 'proof of service' as used in the first sentence of the present subdivision. For want of a definition, the district court clerks have been obliged to fashion their own, with results that vary from district to district. All that seems required is a simple certification on a copy of the notice to take a deposition that the notice has been served on every other party to the action. That is the proof of service required by Rule 25(d) of both the Federal Rules of Appellate Procedure and the Supreme Court Rules. Subdivision (e)(1). The amendment makes the reach of a subpoena of a district court at least as extensive as that of the state courts of general jurisdiction in the state in which the district court is held. Under the present rule the reach of a district court subpoena is often greater, since it extends throughout the district. No reason appears why it should be less, as it sometimes is because of the accident of district lines. Restrictions upon the reach of subpoenas are imposed to prevent undue inconvenience to witnesses. State statutes and rules of court are quite likely to reflect the varying degrees of difficulty and expense attendant upon local travel. NOTES OF ADVISORY COMMITTEE ON RULES - 1985 AMENDMENT Present Rule 45(d)(2) has two sentences setting forth the territorial scope of deposition subpoenas. The first sentence is directed to depositions taken in the judicial district in which the deponent resides; the second sentence addresses situations in which the deponent is not a resident of the district in which the deposition is to take place. The Rule, as currently constituted, creates anomalous situations that often cause logistical problems in conducting litigation. The first sentence of the present Rule states that a deponent may be required to attend only in the county wherein that person resides or is employed or transacts business in person, that is, where the person lives or works. Under this provision a deponent can be compelled, without court order, to travel from one end of that person's home county to the other, no matter how far that may be. The second sentence of the Rule is somewhat more flexible, stating that someone who does not reside in the district in which the deposition is to be taken can be required to attend in the county where the person is served with the subpoena, or within 40 miles from the place of service. Under today's conditions there is no sound reason for distinguishing between residents of the district or county in which a deposition is to be taken and nonresidents, and the Rule is amended to provide that any person may be subpoenaed to attend a deposition within a specified radius from that person's residence, place of business, or where the person was served. The 40-mile radius has been increased to 100 miles. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Motion for order for production of documents, see rule 34. Scope of deposition on oral examination, see rule 26. Subpoenas in civil cases brought by United States under anti-trust laws, see section 23 of Title 15, Commerce and Trade. ------DocID 37313 Document 30 of 512------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 45 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VIII -HEAD- Rule 45. Process; Mandates -STATUTE- .1. All process of this Court shall be in the name of the President of the United States. .2. In a case coming from a state court, the mandate shall issue 25 days after the entry of judgment, unless the time is shortened or enlarged by the Court or a Justice, or unless the parties stipulate that it be issued sooner. The filing of a petition for rehearing, unless otherwise ordered, will stay the mandate until disposition of the petition. If the petition is then denied, the mandate shall issue forthwith. .3. In a case coming from a United States court, a formal mandate will not issue unless specially directed; instead, the Clerk will send the court a copy of the opinion or order of this Court and a certified copy of the judgment (which shall include provisions for the recovery of costs, if any are awarded). In all other respects, the provisions of paragraph .2 of this Rule apply. -CROSS- CROSS REFERENCES Determination by Supreme Court, remand, see section 2106 of this title. Marshal to serve and execute process, see section 672 of this title. Seal and teste of process, see section 1691 of this title. ------DocID 37368 Document 31 of 512------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 45 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE VI -HEAD- Rule 45. Subpoena -STATUTE- (a) For Attendance of Witnesses: Form; Issuance. Every subpoena shall be issued by the clerk under the seal of the court, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service. (b) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. (c) Service. A subpoena may be served by the marshal, the marshal's deputy, or any other person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to such person the fees for one day's attendance and the mileage allowed by law. See 28 U.S.C. Sec. 1821. When the subpoena is issued on behalf of the United States, fees and mileage need not be tendered. (d) Subpoena for Taking Depositions; Place of Examination. (1) Proof of service of a notice to take a deposition as provided in Rules 30(b) and 31(a) constitutes a sufficient authorization for the issuance by the clerk of subpoenas for the persons named or described therein. Proof of service may be made by filing with the clerk a copy of the notice together with a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 26(b), but in that event the subpoena will be subject to the provisions of Rule 26(c) and subdivision (b) of this rule. The person to whom the subpoena is directed may, within 10 days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court. The party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition. (2) A person to whom a subpoena for the taking of a deposition is directed may be required to attend at any place within 100 miles from the place where that person resides, is employed or transacts business in person, or is served, or at such other convenient place as is fixed by an order of the court. (e) Subpoena for a Hearing or Trial. (1) At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place that is within 100 miles of the place of the hearing or trial specified in the subpoena; but the court upon proper application and good cause shown may authorize the service of a subpoena at any other place. (2) A subpoena directed to a witness in a foreign country shall issue under the circumstances and in the manner and be served as provided in 28 U.S.C. Sec. 1783. (f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon such person may be deemed a contempt of the court. ------DocID 37476 Document 32 of 512------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 45 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE VI -HEAD- Rule 45. Subpoena -STATUTE- (a) For Attendance of Witnesses - Form - Issuance. Every subpoena shall be issued by the clerk under the seal of the court, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service. (b) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. (c) Service. A subpoena may be served by a United States marshal, by a deputy marshal, or by any other person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to that person the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States or an officer or agency thereof, fees and mileage need not be tendered. (d) Subpoena for Taking Depositions - Place of Examination. (1) Proof of service of a notice to take a deposition as provided in Rules 30(b) and 31(a) constitutes a sufficient authorization for issuance by the clerk of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 26(b), but in that event the subpoena will be subject to the provisions of Rule 26(c) and subdivision (b) of this rule. The person to whom the subpoena is directed may, within 10 days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to i