EFFECTIVE DATE OF 1972 AMENDMENT

Section 2 of Pub. L. 92-437 provided that: "This Act [amending subsec. (h) of this section] shall take effect on the sixtieth day after the date of its enactment [Sept. 29, 1972]."

Chapter 123.-FEES AND COSTS

§ 1913. Courts of appeals.

JUDICIAL CONFERENCE SCHEDULE OF FEES

The Judicial Conference, at its session on Sept. 14, 1973, acting under the authority of provisions of this section, adopted the following schedule of fees, eff. Nov. 1, 1973, for services performed by the clerks of the United States Courts of Appeals, except that no fees were to be charged for services rendered on behalf of the United States:

"1. For docketing a case on appeal or review, or docketing any other proceeding, $50.00. A separate fee shall be paid by each party filing a notice of appeal in the district court, but parties filing a joint notice of appeal in the district court are required to pay only one fee. A docketing fee shall not be charged for the docketing of an application for the allowance of an interlocutory appeal under 28 U.S.C. 1292(b), unless the appeal is allowed.

"2. For every search of the records of the court and certifying the results of the same, $2.00.

"3. For certifying any document or paper, whether the certification is made directly on the document, or by separate instrument, $1.00.

"4. For making a typed copy of any record or paper, $1.00 per page of 250 words or fraction thereof. For reproducing any record or paper (by any means other than retyping), 50 cents per page. These fees do not include certification.

"5. For comparing with the original thereof any copy of any trascript of record, entry, record or paper, when such copy is furnished by any person requesting certification, $1.00 per page or fraction thereof. This fee is in addition to the fee for certification.

"No other fees for services than those above prescribed shall be charged or collected by any clerk, provided however that nothing herein shall be construed to prevent the clerk of any court of appeals, with the approval of the court, from charging and collecting a fee for each copy of an opinion as shall be fixed by the court."

§ 1914. District court; filing and miscellaneous fees; rules of court.

JUDICIAL CONFERENCE SCHEDULE OF ADDITIONAL FEES The Judicial Conference, at its session on Sept. 14, 1973, acting under the authority of provisions of this section, adopted the following schedule of additional fees in the United States District Courts, eff. Nov. 1, 1973, for services performed by clerks of the United States District Courts, except that no fees were to be charged for services rendered on behalf of the United States:

"1. For filing or indexing any paper not in a case or proceeding for which a case filing fee has been paid, $1.00. This fee is applicable to the registration of a judgment, 28 U.S.C. 1963; the filing of a petition to perpetuate testimony, Rule 27(a), F.R.Civ.P.; the filing of papers by trustees under 28 U.S.C. 754; and the filing of letters rogatory or letters of request.

"2. For filing a requisition for and certifying the results of a search of the records of the court for judgments, decrees, other instruments, suits pending, and bankruptcy proceedings, $2.00 for each name searched.

"3. For certifying any document or paper, whether the certification is made directly on the document or by separate instrument, $1.00.

"4. For making a typed copy of any record or paper, except a copy of a writ for service on a party in a suit or action covered in 28 U.S.C. 1914(a), $1.00 per page of 250 words or fraction thereof. For reproducing any record or paper (by any means other than retyping), 50 cents per page. These fees do not include certification. With respect to copies of opinions of the district courts, the price is to be fixed by the court by local rule or order at 25 cents a page but not less than $1.00 per opinion.

"5. For comparing with the original thereof any copy of any transcript of record, entry, record or paper, when such copy is furnished by any person requesting certifica

tion, $1.00 per page or fraction thereof. This fee is in addition to the fee for certification.

"6. For the preparation and mailing of each set of notices in asset cases and in cases filed under the relief chapters of the Bankruptcy Act, in excess of 30 notices per set, 25 cents for each additional notice on the first 10,000 and 15 cents per notice on the balance, provided that in no event shall this charge exceed 25 percent of the net proceeds realized in asset cases.

"7. For admission of attorneys to practice, $10.00 each including a certificate of admission. For a duplicate certificate of admission, $2.00."

Chapter 131.-RULES OF COURTS

§ 2071. Rule-making power generally.
CONGRESSIONAL APPROVAL REQUIREMENT FOR PROPOSED
RULES OF EVIDENCE FOR UNITED STATES COURTS AND
AMENDMENTS TO FEDERAL RULES OF CIVIC PROCEDURE AND
CRIMINAL PROCEDURE; SUSPENSION OF EFFECTIVENESS OF
SUCH RULES

Pub. L. 93-12, Mar. 30, 1973, 87 Stat. 9, provided: "That notwithstanding any other provisions of law, the Rules of Evidence for United States Courts and Magistrates, the Amendments to the Federal Rules of Civil Procedure, and the Amendments to the Federal Rules of Criminal Procedure, which are embraced by the orders entered by the Supreme Court of the United States on Monday, November 20, 1972, and Monday, December 18, 1972, shall have no force or effect except to the extent, and with such amendments, as they may be expressly approved by the Act of Congress."

Chapter 133.-REVIEW-MISCELLANEOUS

PROVISIONS

§ 2112. Record on review and enforcement of agency orders.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 136n; title 15 sections 1913, 2060; title 20 section 1135b-7; title 26 section 6363; title 29 sections 660, 667, 819; title 31 section 1263; title 33 section 921; title 42 sections 504, 1857c-5, 1857f-5, 3025, 3045d.

Part VI.-PARTICULAR PROCEEDINGS

Chapter 155.-INJUNCTIONS; THREE-JUDGE COURTS

§ 2284. Three-judge district court; composition; procedure.

ACTIONS CHALLENGING APPOINTMENT OF ATTORNEY GENERAL ON GROUNDS OF VIOLATION OF CONSTITUTIONAL PROVISIONS GOVERNING COMPENSATION AND OTHER EMOLUMENTS

Pub. L. 93-178, § 2, Dec. 10, 1973, 87 Stat. 697, provided that:

"(a) Any person aggrieved by an action of the Attorney General may bring a civil action in the appropriate district court to contest the constitutionality of the appointment and continuance in office of the Attorney General on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office.

"(b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with the provisions of section 2284 of title 28, United States Code [this section]. Any appeal from the action of a court convened pursuant to such section shall lie to the Supreme Court.

"(c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 sections 9010, 9011.

20-347 0-74-vol. 2- -4

§ 2409a. Real property quiet title actions.

(a) The United States may be named as a party defendant in a civil action under this section to adjudicate a disputed title to real property in which the United States claims an interest, other than a security interest or water rights. This section does not apply to trust or restricted Indian lands, nor does it apply to or affect actions which may be or could have been brought under sections 1346, 1347, 1491, or 2410 of this title, sections 7424, 7425, or 7426 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 7424, 7425, and 7426), or section 208 of the Act of July 10, 1952 (43 U.S.C. 666).

(b) The United States shall not be disturbed in possession or control of any real property involved in any action under this section pending a final judgment or decree, the conclusion of any appeal therefrom, and sixty days; and if the final determination shall be adverse to the United States, the United States nevertheless may retain such possession or control of the real property or of any part thereof as it may elect, upon payment to the person determined to be entitled thereto of an amount which upon such election the district court in the same action shall determine to be just compensation for such possession or control.

(c) The complaint shall set forth with particularity the nature of the right, title, or interest which the plaintiff claims in the real property, the circumstances under which it was acquired, and the right, title, or interest claimed by the United States.

(d) If the United States disclaims all interest in the real property or interest therein adverse to the plaintiff at any time prior to the actual commencement of the trial, which disclaimer is confirmed by order of the court, the jurisdiction of the district court shall cease unless it has jurisdiction of the civil action or suit on ground other than and independent of the authority conferred by section 1346(f) of this title.

(e) A civil action against the United States under this section shall be tried by the court without a jury.

(f) Any civil action under this section shall be barred unless it is commenced within twelve years of the date upon which it accrued. Such action shall be deemed to have accrued on the date the plaintiff or his predecessor in interest knew or should have known of the claim of the United States.

(g) Nothing in this section shall be construed to permit suits against the United States based upon adverse possession. (Added Pub. L. 92-562, § 3(a), Oct. 25, 1972, 86 Stat. 1176.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1346, 1402 of this title.

§ 2410. Actions affecting property on which United States has lien.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2409a of this title.

§ 2414. Payment of judgments and compromise settlements.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460bb-2.

§ 2415. Time for commencing actions brought by the United States.

(a) Subject to the provisions of section 2416 of this title, and except as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon any contract express or implied in law or fact, shall be barred unless the complaint is filed within six years after the right of action accrues or within one year after final decisions have been rendered in applicable administrative proceedings required by contract or by law, whichever is later: Provided, That in the event of later partial payment or written acknowledgment of debt, the right of action shall be deemed to accrue again at the time of each such payment or acknowledgment: Provided further, That an action for money damages brought by the United States for or on behalf of a recognized tribe, band or group of American Indians shall not be barred unless the complaint is filed more than six years and ninety days after the right of action accrued: Provided further, That an action for money damages which accrued on the date of enactment of this Act in accordance with subsection (g) brought by the United States for or on behalf of a recognized tribe, band, or group of American Indians, or on behalf of an individual Indian whose land is held in trust or restricted status, shall not be barred unless the complaint is filed more than eleven years after the right of action accrued or more than two years after a final decision has been rendered in applicable administrative proceedings required by contract or by law, whichever is later.

(b) Subject to the provisions of section 2416 of this title, and except as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon a tort shall be barred unless the complaint is filed within three years after the right of action first accrues: Provided, That an action to recover damages resulting from a trespass on lands of the United States; an action to recover damages resulting from fire to such lands; an action to recover for diversion of money paid under a grant program; and an action for conversion of property of the United States may be brought within six years after the right of action accrues, except that such actions for or on behalf of a recognized tribe, band or group of American Indians, including actions relating to allotted trust or restricted Indian lands, may be brought within six years and ninety days after the right of action accrues, except that such actions for or on behalf of a recognized tribe, band,

or group of American Indians, including actions relating to allotted trust or restricted Indian lands, or on behalf of an individual Indian whose land is held in trust or restricted status which accrued on the date of enactment of this Act in accordance with subsection (g) may be brought within eleven years after the right of action accrues.

(As amended Pub. L. 92-353, July 18, 1972, 86 Stat. 499; Pub. L. 92-485, Oct. 13, 1972, 86 Stat. 803.)

REFERENCES IN TEXT

The date of enactment of this Act, referred to in subsecs. (a), (b), and (g), means the date of enactment of Pub. L. 89-505, which was approved on July 18, 1966.

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-485, § 1(a), added further proviso relating to actions for money damages brought by the United States for or on behalf of a recognized tribe, band, or group of American Indians, or on behalf of an individual Indian whose land is held in trust or restricted status.

Pub. L. 92-353, § 1(a), added proviso that an action for money damages brought by the United States on behalf of American Indians shall not be barred unless the complaint is filed more than six years and ninety days after the right of action accrued.

Subsec. (b). Pub. L. 92-485, § 1(b), added exception relating to actions for or on behalf of a recognized tribe, band, or group of American Indians, including actions relating to allotted trust or restricted Indian lands, or on behalf of an individual Indian whose land is held in trust or restricted status.

Pub. L. 92-353, § 1(b), increased the period of limitation to six years and ninety days for actions brought by the United States under the subsection for or on behalf of American Indians.

Chapter 163.-FINES, PENALTIES AND

FORFEITURES

§ 2464. Security; special bond.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 1031, 1100a-1.

Chapter 165.-COURT OF CLAIMS PROCEDURE § 2517. Payment of judgments.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460bb-2.

Chapter 171.-TORT CLAIMS PROCEDURE
CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 22 section 2504; title 29 section 926; title 42 sections 5032, 5055.

§ 2672. Administrative adjustment of claims. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 1474; title 29 section 926.

§ 2679. Exclusiveness of remedy.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 943; title 20 section 1132c-2.

§ 2680. Exceptions.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 1474.

Chapter 175.-CIVIL COMMITMENT AND REHABILITATION OF NARCOTIC ADDICTS

§ 2901. Definitions.

As used in this chapter

(d) "Treatment" includes confinement and treatment in an institution and under supervised aftercare in the community and includes, but not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict by eliminating his dependence on addicting drugs, or by controlling his dependence, and his susceptibility to addiction.

(As amended Pub. L. 92-420, § 2, Sept. 16, 1972, 86 Stat. 677.)

AMENDMENTS

1972 Subsec. (d). Pub. L. 92-420 substituted "by eliminating his dependence on addicting drugs, or by controlling his dependence," for "by correcting his antisocial tendencies and ending his dependence on addicting drugs".

EFFECTIVE DATE OF 1972 AMENDMENT

Section 5 of Pub. L. 92-420 provided that: "This Act [amending subsec. (d) of this section, section 4251 (c) of Title 18, and section 3411 (b) of Title 42, and enacting provisions set out as a note under this section] shall take effect immediately upon enactment [Sept. 16, 1972]. Sections 2 and 3 [amending section 4251 (c) of Title 18 and section 3411 (b) of Title 42, respectively] shall apply to any case pending in a district court of the United States in which an appearance has not been made prior to the effective date [Sept. 16, 1972]."

SHORT TITLE

Section 1 of Pub. L. 92-420 provided: "That this Act [amending this section, section 4251 of Title 18, and section 3411 of Title 42, and enacting provisions set out as a note under this section] may be cited as the 'Narcotic Addict Rehabilitation Amendments of 1971'."

Rule 16. Motion to dismiss or affirm.

1. Within thirty days after receipt of the jurisdictional statement, unless the time is enlarged by the court or a justice thereof, or by the clerk under the provisions of paragraph 5 of Rule 34, the appellee may file a printed motion to dismiss, or motion to affirm. In cases where the United States or any agency, officer or employee thereof is the appellee, the appellee shall have an additional twenty days to file said motions. Where appropriate, a motion to affirm may be united in the alternative with a motion to dismiss.

*

(As amended Nov. 22, 1971.)

Rule 24. Brief in opposition-reply—supplemental

briefs.

1. Counsel for the respondent shall have thirty days (unless enlarged by the court or a justice thereof, or by the clerk under the provisions of paragraph 5 of Rule 34), after receipt of a petition, within which to file forty printed copies of an opposing brief disclosing any matter or ground why the cause should not be reviewed by this court. See Rule 19. Such brief in opposition shall comply with Rule 39 and with the requirements of Rule 40 governing a respondent's brief, and shall be served as prescribed by Rule 33. In cases where the United States or any agency, officer or employee thereof is the respondent, the respondent shall have an additional twenty days to file the said opposing brief.

*

(As amended Nov. 22, 1971.)

RULE 9. RELEASE IN CRIMINAL CASES

(c) Criteria for Release.

The decision as to release pending appeal shall be made in accordance with Title 18, U.S.C. § 3148. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant. (As amended Apr. 24, 1972, eff. Oct. 1, 1972.)

NOTES OF ADVISORY COMMITTEE ON RULES Subdivision (c) is intended to bring the rule into conformity with 18 U.S.C. § 3148 and to allocate to the defendant the burden of establishing that he will not flee and that he poses no danger to any other person or to the community. The burden is placed upon the defendant in the view that the fact of his conviction justifies retention in custody in situations where doubt exists as to whether he can be safely released pending disposition of his appeal. Release pending appeal may also be denied if "it appears that an appeal is frivolous or taken for delay." 18 U.S.C. § 3148. The burden of establishing the existence of these criteria remains with the government.

RULE 30.-APPENDIX TO THE BRIEFS

TAXATION OF FEES IN APPEALS IN WHICH THE REQUIREMENT OF AN APPENDIX IS DISPENSED WITH

The Judicial Conference of the United States at its session on October 28th and 29th approved the following resolution relating to fees to be taxed in the courts of appeals as submitted by the Judicial Council of the Ninth Circuit with the proviso that its application to any court of appeals shall be at the election of each such

court:

For sometime it has been the practice in the Ninth Circuit Court of Appeals to dispense with an appendix in an appellate record and to hear the appeal on the original record, with a number of copies thereof being supplied (Rule 30f, Federal Rules of Appellate Procedure). It has been the practice of the Court to tax a fee of $5 in small records and $10 in large records for the time of the clerk involved in preparing such appeals and by way of reimbursement for postage expense. Judicial Conference approval heretofore has not been secured and the Judicial Council of the Ninth Circuit now seeks to fix a flat fee of $15 to be charged as fees for costs to be charged by any court of appeals "in any appeal in which the requirement of an appendix is dispensed with pursuant to Rule 30f. Federal Rules of Appellate Procedure."

Sincerely yours,

ROWLAND F. KIRKS,

Director.

Page 1142

Rule 4. Composition of the Court.

The court shall be composed of a Chief Judge and other judges designated by the Chief Justice of the United States from the judges of the United States district courts and United States courts of appeals in accordance with Section 211 (b) (1) of P.L. 92-210. Rule 5. Divisions.

The Chief Judge may, from time to time, divide the court into divisions of three or more members for the hearing and determination of cases, controversies and issues and may make such changes in the membership of such divisions as he may deem appropriate. Sessions shall be held at such places and times as the Chief Judge or presiding judge of a panel may designate. The Chief Judge shall assign cases to the divisions on an equitable basis having due regard for the geographical locations of the parties and the workloads of the divisions and individual judges thereof. Cases, controversies and issues shall be heard and determined by a division unless a hearing or rehearing before the court en banc is ordered by the court.

Rule 6. En Banc Proceedings.

(a) A majority of the judges of the court may order that an appeal or other proceeding be heard or reheard by this court en banc. Such a hearing or rehearing is not favored and ordinarily will not be ordered except (1) when consideration by the full court is necessary to secure or maintain uniformity of its decisions, or (2) when the proceeding involves a question of exceptional importance.

(b) A party, pursuant to Rule 34 (b), Federal Rules of Appellate Procedure, who suggests the appropriateness of a hearing or rehearing, en banc, where the suggestion is not contained in a petition for rehearing, shall file an original and 10 copies of said suggestion on or before the date on which appellee's brief is due to be filed if the suggestion is for hearing en banc, or within the time prescribed by Rule 40, Federal Rules of Appellate Procedure, for the filing of a petition for rehearing if the suggestion is for rehearing en banc. The suggestion shall not exceed 10 pages in length and shall be served in compliance with Rule 25, Federal Rules of Appellate Procedure.

(c) If a party desires to suggest a rehearing en banc, the suggestion must be made within the time prescribed by Rule 40, Federal Rules of Appellate Procedure, for filing a petition for rehearing, whether the suggestion is made in such petition or otherwise. The pendency of such a suggestion, whether or not included in a petition for rehearing, shall not affect the finality of the judgment of the court of appeals of stay the issuance of the mandate.