§ 413. — Publications; distribution to courts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC413]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 19--DISTRIBUTION OF REPORTS AND DIGESTS
Sec. 413. Publications; distribution to courts
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.
(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.)
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.
