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28 USC CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS

-HEAD-

CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS

-MISC1-

Sec.

411. Supreme Court reports; printing, binding, and

distribution.

412. Sale of Supreme Court reports.

413. Publications; distribution to courts.

414. Transmittal of books to successors.

[415. Repealed.]

AMENDMENTS

1982 - Pub. L. 97-164, title I, Sec. 113, Apr. 2, 1982, 96 Stat.

29, struck out item 415 "Court of Claims decisions".

1952 - Act July 10, 1952, ch. 632, Sec. 3, 66 Stat. 540, amended

analysis to conform it to amendments of sections 411 to 413 of this

title.

-End-

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28 USC Sec. 411 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS

-HEAD-

Sec. 411. Supreme Court reports; printing, binding, and

distribution

-STATUTE-

(a) The decisions of the Supreme Court of the United States shall

be printed, bound, and distributed in the preliminary prints and

bound volumes of the United States Reports as soon as practicable

after rendition, to be charged to the proper appropriation for the

judiciary. The number and distribution of the copies shall be under

the control of the Joint Committee on Printing.

(b) Reports printed prior to June 12, 1926, shall not be

furnished the Secretary of the Army, the Secretary of the Navy, or

the Secretary of the Air Force.

(c) The Public Printer, or other printer designated by the

Supreme Court of the United States, upon request, shall furnish to

the Superintendent of Documents the reports required to be

distributed under the provisions of this section.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 904; May 24, 1949, ch. 139, Sec.

68, 63 Stat. 99; Oct. 31, 1951, ch. 655, Sec. 41, 65 Stat. 725;

July 10, 1952, ch. 632, Sec. 4, 66 Stat. 540.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 334 (Mar. 3, 1911, ch.

231, Sec. 227, 36 Stat. 1154; Mar. 4, 1911, ch. 285, Sec. 1, 36

Stat. 1419; July 1, 1922, ch. 267, Sec. 3, 42 Stat. 816; June 12,

1926, ch. 568, 44 Stat. 736; Jan. 29, 1929, ch. 113, 45 Stat. 1143;

Mar. 2, 1929, ch. 488, Sec. 1, 45 Stat. 1475; July 3, 1930, ch.

863, Sec. 1, 46 Stat. 1016; Feb. 23, 1931, ch. 276, Sec. 30, 46

Stat. 1214; May 17, 1932, ch. 190, 47 Stat. 158; June 30, 1932, ch.

314, Sec. 501, 47 Stat. 415; May 10, 1934, ch. 277, Sec. 512, 48

Stat. 758; Ex. Ord. No. 6166, Secs. 12, 14, June 10, 1933; June 7,

1934, ch. 426, 48 Stat. 926; May 27, 1936, ch. 463, Sec. 1, 49

Stat. 1380; June 20, 1936, ch. 630, Sec. 5, 49 Stat. 1549; June 25,

1936, ch. 804, 49 Stat. 1921).

Requirements for printing, binding, and issuing Supreme Court

decisions "within eight months after said decisions have been

rendered by the Supreme Court" and provision for distribution

"within said period" were omitted. The phrase "as soon as

practicable after rendition" was made the time for publishing such

decisions as more flexible and practicable.

The words "the United States Court for China" were omitted

inasmuch as that court is no longer functioning. The Secretary of

State by an arrangement with China has relinquished the

extraterritorial jurisdiction previously exercised by the United

States in China. The 1944 Legislative and Judiciary Appropriation

Act approved June 28, 1943, made no appropriation for the United

States Court for China. Appropriations for other courts were made

in title II of chapter 173 (57 Stat. 241). The last appropriation

for the United States Court for China was in the act of July 2,

1942 (ch. 472, title IV, 56 Stat. 502).

The words "to the Secretary of War for the use of the proper

courts and officers of the Philippine Islands, seven copies" were

omitted in view of the independence of the Philippines, effective

July 4, 1946.

The phrase "justice or judge of the United States" obviated

repetition of names of courts. (See definitive section 451 of this

title.)

Last sentence, fourth paragraph, of section 334 of title 28,

U.S.C., 1940 ed., requiring that books should remain the property

of the United States and should be preserved and turned over to

successors in office, was omitted as covered by section 414 of this

title.

A reference to the United States attorney for the District of

Columbia was omitted as covered by "each United States attorney."

Provision authorizing distribution of volumes under this section

to each place where a court of appeals is held was added for

purposes of uniformity. See similar provision in section 413 of

this title.

The revised section substitutes the Director of the

Administrative Office of the United States Courts in lieu of the

Attorney General insofar as distribution of volumes to the

judiciary is concerned. This change is consistent with the duties

of the former under section 601 et seq. of this title.

Provision of section 334 of title 28, U.S.C., 1940 ed., as to the

custody, use and delivery to successors was omitted as obsolete on

advice of the Administrative Office of the United States Courts.

The limitation of 10 copies to the library of the Supreme Court

and 6 copies to the marshal of the Supreme Court for use of the

justices, was omitted and the provision for distribution in such

number "specified by the Chief Justice of the United States" was

substituted therefor.

Authority for making an appropriation to carry into effect the

provisions of this section is contained in section 336 of title 28,

U.S.C., 1940 ed., Acts July 1, 1922, ch. 267, Sec. 5, 42 Stat. 818;

May 29, 1926, ch. 425, Sec. 3, 44 Stat. 678 which is omitted, but

not repealed, as unnecessary in this revision.

Changes were made in phraseology and arrangement.

1949 ACT

Subsection (a) of this section substitutes, in section 411(a) of

title 28, U.S.C., "Secretary of the Army" and "Department of the

Army" for "Secretary of War" and "War Department," in view of such

redesignation by act of July 26, 1947 (ch. 343, title II, Sec.

205(a), 61 Stat. 501). It substitutes, in section 411(a),

"Commissioner of Customs; Commandant of the Coast Guard" for "Chief

of the Bureau of Marine Inspection and Navigation," in view of the

abolishment of the Bureau of Marine Inspection and Navigation, and

the transfer of its functions to, and the division thereof between,

the Commissioner of Customs and the Commandant of the Coast Guard,

by 1946 Reorganization Plan No. 3, Secs. 101-104, effective July

16, 1946 (11 F.R. 7875, 60 Stat. 1097).

It substitutes, in such section 411(a), "Director of the Bureau

of Land Management" for "Commissioner of the General Land Office,"

in view of section 403 of such plan which abolished the General

Land Office and created the Bureau of Land Management, headed by a

Director. It inserts as new, in such section 411(a), references to

the Secretary of Defense, Secretary of the Air Force, and Judge

Advocate General of the Air Force, in view of the creation of the

National Military Establishment, headed by the Secretary of

Defense, and the establishment of the Department of the Air Force

in 1947.

Subsection (b) of this section redesignates, in section 411(b) of

title 28, U.S.C., the Secretary of War as "Secretary of the Army,"

for the reasons stated above, and corrects a typographical error in

the word "court-martial".

AMENDMENTS

1952 - Act July 10, 1952, amended section generally to provide

for flexibility in the printing and distribution of the reports

under congressional control.

1951 - Subsec. (c). Act Oct. 31, 1951, in second par.,

substituted "Secretary of the Army" for "Secretary of War".

1949 - Subsec. (a). Act May 24, 1949, Sec. 68(a), inserted

"Secretary of Defense", "Secretary of the Air Force", and "Judge

Advocate General of the Air Force" where appearing, and substituted

"Secretary of the Army" for "Secretary of War", "Department of the

Army" for "War Department", "Director of the Bureau of Land

Management" for "Commissioner of the General Land Office",

"Commissioner of Customs, Commandant of the Coast Guard" for "Chief

of the Bureau of Marine Inspection", and "Chief of Forest Service,

Department of Agriculture" for "Chief Forester, National Park

Service, Department of the Interior".

Subsec. (b). Act May 24, 1949, Sec. 68(b), substituted "Secretary

of the Army" for "Secretary of War" and "Court-martial" for

"courtmartial".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 676 of this title.

-End-

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28 USC Sec. 412 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS

-HEAD-

Sec. 412. Sale of Supreme Court reports

-STATUTE-

The Public Printer, or other printer designated by the Supreme

Court of the United States shall print such additional bound

volumes and preliminary prints of such reports as may be required

for sale to the public. Such additional copies shall be sold by the

Superintendent of Documents, as provided by law.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 906; July 10, 1952, ch. 632, Sec.

5, 66 Stat. 541.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 335 (Mar. 3, 1911, ch.

231, Sec. 228, 36 Stat. 1155; July 1, 1922, ch. 267, Sec. 4, 42

Stat. 818; May 29, 1926, ch. 425, Sec. 2, 44 Stat. 677).

Authority for making an appropriation to carry into effect the

provisions of this section is contained in section 336 of title 28,

U.S.C., 1940 ed., acts July 1, 1922, ch. 267, Sec. 5, 42 Stat. 818;

May 29, 1926, ch. 425, Sec. 3, 44 Stat. 678, which is omitted, but

not repealed, as unnecessary in this revision.

Reference to digests was omitted to conform to administrative

practice. (See section 604(a)(9) of this title.)

Changes were made in phraseology.

AMENDMENTS

1952 - Act July 10, 1952, permitted Superintendent of Documents

to sell reports under same terms as other Government publications.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 676 of this title.

-End-

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28 USC Sec. 413 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS

-HEAD-

Sec. 413. Publications; distribution to courts

-STATUTE-

Distribution of publications to Federal courts in accordance with

the provisions of this chapter shall not be made to any place where

such court is held in a building not owned or controlled by the

United States unless such publications are committed to the custody

of an officer of the United States at such building.

The Attorney General and the Director in the procurement of law

books, books of reference or periodicals may exchange or sell

similar items and apply the allowance or proceeds to payment in

whole or in part of the cost of the items procured.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 906; May 24, 1949, ch. 139, Sec.

69, 63 Stat. 100; July 10, 1952, ch. 632, Sec. 6, 66 Stat. 541.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on section 1131 of title 26, U.S.C., 1940 ed., Internal

Revenue Code, title 28, U.S.C., 1940 ed., Secs. 337, 530 (Mar. 3,

1911, ch. 231, Sec. 229, 36 Stat. 1155; Mar. 2, 1929, ch. 488, Sec.

1, 45 Stat. 1475; May 10, 1934, ch. 277, Sec. 512, 48 Stat. 758;

June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49

Stat. 1921; Feb. 10, 1939, ch. 2, Sec. 1131, 53 Stat. 163; May 14,

1940, ch. 189, title IV, 54 Stat. 210; July 2, 1942, ch. 472, title

IV, 56 Stat. 504; June 28, 1943, ch. 173, title II, Sec. 201, 57

Stat. 243; June 26, 1944, ch. 277, Sec. 203, 58 Stat. 358; May 21,

1945, ch. 129, title IV, 59 Stat. 200; July 5, 1946, ch. 541, title

IV, 60 Stat. 480.)

Section consolidates provisions of section 1131 of title 26,

U.S.C., 1940 ed., relating to expenditures for "lawbooks" for the

Tax Court of the United States, with sections 337 and 530 of title

28, U.S.C., 1940 ed., relating to purchase and distribution of

reporter and digest volumes.

Other provisions of section 1131 of title 26, U.S.C., 1940 ed.,

are incorporated in section 604 of this title.

Provisions of section 530 of title 28, U.S.C., 1940 ed., limiting

the price to be paid for volumes of the Federal Reporter and other

similar reports were omitted after consultation with the

Administrative Office of United States Courts as more properly

covered by current appropriation acts. Similar provisions relating

to the Federal Digest and the United States Code Annotated were

omitted as covered in current appropriation acts. (See Act June 29,

1944, ch. 286, title II, Sec. 212, 58 Stat. 361, 387.)

Provisions of said section 337 of title 28, U.S.C., 1940 ed.,

that books are to remain United States property, so marked, and

transmitted to successors in office of persons receiving them, were

omitted as covered by section 414 of this title.

Similar provisions in said section 530 of title 28, U.S.C., 1940

ed., are incorporated in section 414 of this title.

Provision in section 337 of title 28, U.S.C., 1940 ed., for

distribution to the Court of Appeals and District Court for the

District of Columbia was omitted as covered by the phrase "Each

place where a circuit court of appeals or district court is

regularly held."

The revised section is extended to include the Customs Court as

well as the Court of Claims and Court of Customs and Patent

Appeals. All judges receive the Supreme Court reports and digests

under section 411 of this title. Presumably the Congress did not

intend to deny distribution of the Federal Reporter and digests to

the Customs Court while providing for all other courts under said

section 337.

The revised section provides for distribution of volumes to the

judiciary by the Director of the Administrative Office of the

United States Courts. (See reviser's note under section 411 of this

title.)

Similar publications are purchased by the Marshal of Supreme

Court for the use of the Court. (See section 672(5) of this title.)

The provisions of section 337 of title 28, U.S.C., 1940 ed.,

requiring annual estimates and disbursement of moneys for the

volumes under this section were omitted. Such provisions are

covered by appropriate sections of title 31, U.S.C., 1940 ed.,

Money and Finance.

Provision of section 337 of title 28, U.S.C., 1940 ed., as to

custody, use, and delivery to successors was omitted as obsolete on

advice of the Administrative Office of the United States Courts.

Numerous changes were made in phraseology and superfluous

language was omitted.

SENATE REVISION AMENDMENT

As finally enacted, part of act July 9, 1947, ch. 211, title IV,

61 Stat. 306, which was classified to Title 28, U.S.C., 1946 ed.,

Sec. 530, became one of the sources of this section and was

accordingly included in the schedule of repeals by Senate

amendment. See 80th Congress Senate Report No. 1559.

Although section 1131 of Title 26, U.S.C. (Internal Revenue Code)

is one of the sources of this section, it was struck out of the

schedule of repeals by Senate amendment and accordingly remains in

Title 26. See 80th Congress Senate Report No. 1559.

1949 ACT

Subsection (a) of this section eliminates from section 413 of

title 28, U.S.C., the provision for furnishing books to the Tax

Court, which procures books under section 1131 of the Internal

Revenue Code (26 U.S.C., 1946 ed., Sec. 1131).

Subsection (b) of this section incorporates in section 413 of

title 28, U.S.C., with changes in phraseology, the provisions of

act of June 3, 1948 (ch. 400, title II, Sec. 204, 62 Stat. 321),

which was not incorporated in title 18 when the revision was

enacted. As amended, section 413 is expanded to give like authority

with respect to procurement of books to the Director of the

Administrative Office of the United States Courts, as well as to

the Attorney General, to prevent an obvious inconsistency.

AMENDMENTS

1952 - Act July 10, 1952, amended section generally, and

permitted delivery of publication to buildings controlled by the

Government as well as to buildings owned by it.

1949 - Act May 24, 1949, struck out reference to the Tax Court in

former provisions enumerating judges and courts to receive certain

publications, and inserted provisions set out as second par.

-End-

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28 USC Sec. 414 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS

-HEAD-

Sec. 414. Transmittal of books to successors

-STATUTE-

All government publications and law books furnished to justices,

judges, clerks of courts, and United States attorneys of the United

States and its territories and possessions, and other officers of

the United States or an agency thereof shall be transmitted to

their successors in office. All permanent or bound books and

publications furnished under this chapter except those books

furnished to the Library of Congress for international exchange

shall remain the property of the United States and shall be marked

plainly, "The Property of the United States".

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 906; Pub. L. 87-845, Sec. 7, Oct.

18, 1962, 76A Stat. 699.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 90 of title 5, U.S.C., 1940 ed., Executive

Departments and Government Officers and Employees, section 530 of

title 28, U.S.C., 1940 ed., and section 92 of title 44, U.S.C.,

1940 ed., Public Printing and Documents (Aug. 7, 1882, ch. 433,

Sec. 1, 22 Stat. 336; Jan. 12, 1895, ch. 23, Sec. 74, 28 Stat. 620;

June 20, 1936, ch. 630, Secs. 11, 12, 49 Stat. 1552, 1553; May 14,

1940, ch. 189, title IV, 54 Stat. 210; June 28, 1941, ch. 258,

title IV, 55 Stat. 301; July 2, 1942, ch. 472, title IV, 56 Stat.

504; June 28, 1943, ch. 173, title II, Sec. 201, 57 Stat. 243; June

26, 1944, ch. 277, Sec. 203, 58 Stat. 358; May 21, 1945, ch. 129,

title IV, 59 Stat. 200; July 5, 1946, ch. 541, title IV, 60 Stat.

480).

Section consolidates section 90 of title 5, U.S.C., 1940 ed.,

providing that "statutes" shall be delivered to successors of

United States attorneys and clerks and provisions of section 530 of

title 28, U.S.C., 1940 ed., requiring that all lawbooks for judges

and others shall be marked as property of the United States and

shall be transmitted to their successors, with section 92 of title

44, U.S.C., 1940 ed., relating to transmittal of "Government

publications."

Words "All Government publications and lawbooks" and "furnished

under this chapter" were used to cover "all statutes" and "The

Federal Reporter and continuations thereto."

Words "justices and judges of the United States" were substituted

for "United States judges" in conformity with uniform use of the

phrase to describe all members of the Federal judiciary. Similar

provisions in sections 334 and 377 of title 28, U.S.C., 1940 ed.,

were therefore omitted as covered by this revised section.

Other provisions of said section 530 of title 28, U.S.C., 1940

ed., were omitted. (See reviser's note under section 413 of this

title.)

The words "permanent or bound" were inserted in the last sentence

of the revised section to obviate the wasteful practice under

existing law of marking temporary pamphlets.

Changes were made in phraseology.

SENATE REVISION AMENDMENT

As finally enacted, part of act July 9, 1947, ch. 211, title IV,

61 Stat. 306, which was classified to Title 28, U.S.C., 1946 ed.,

Sec. 530, became one of the sources of this section and was

accordingly included in the schedule of repeals by Senate

amendment. See 80th Congress Senate Report No. 1559.

AMENDMENTS

1962 - Pub. L. 87-845 substituted "furnished to justices, judges,

clerks of courts, and United States attorneys of the United States

and its territories and possessions, and other officers of the

United States or an agency thereof" for "furnished to justices and

judges of the United States and of the Territorial Courts, United

States attorneys, clerks of courts, and other officers of the

United States".

EFFECTIVE DATE OF 1962 AMENDMENT

Section 25 of Pub. L. 87-845 provided that: "This Act [enacting

section 4210 of Title 18, Crimes and Criminal Procedure, and

section 858 of Title 50, War and National Defense, and amending

this section, sections 547, 1404, and 1406 of this title, section

14 of Title 18, section 1934 of Title 22, Foreign Relations and

Intercourse, section 196 of Title 24, Hospitals and Asylums, and

sections 191a and 191b of Title 50] takes effect January 2, 1963.

Laws enacted after January 9, 1962, that are inconsistent with this

Act, supersede it to the extent of the inconsistency."

-End-

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28 USC Sec. 415 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS

-HEAD-

[Sec. 415. Repealed. Pub. L. 97-164, title I, Sec. 113, Apr. 2,

1982, 96 Stat. 29]

-MISC1-

Section, acts June 25, 1948, ch. 646, 62 Stat. 906; May 24, 1949,

ch. 139, Sec. 70, 63 Stat. 100, provided for distribution of copies

of decisions of Court of Claims. See section 174(b) of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,

set out as an Effective Date of 1982 Amendment note under section

171 of this title.

-End-