§ 411. — Supreme Court reports; printing, binding, and distribution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC411]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 19--DISTRIBUTION OF REPORTS AND DIGESTS
Sec. 411. Supreme Court reports; printing, binding, and
distribution
(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.
(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.)
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''.
Section Referred to in Other Sections
This section is referred to in section 676 of this title.
