I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 03:23:38. Database: USCODE Search: (36:CITE) ------DocID 41120 Document 1 of 1444------ -CITE- 36 USC TITLE 36 -EXPCITE- TITLE 36 -HEAD- TITLE 36 - PATRIOTIC SOCIETIES AND OBSERVANCES -MISC1- Chap. Sec. 1. American National Red Cross 1 1A. Daughters of the American Revolution 18 1B. American Historical Association 20 1C. Sons of the American Revolution 20a 2. Boy Scouts of America 21 2A. Girl Scouts of America 31 3. The American Legion 41 3A. United Spanish War Veterans 56 3B. Marine Corps League 57 4. Belleau Wood Memorial Association 61 4A. AMVETS (American Veterans of World War II, Korea, and Vietnam) 67 5. Grand Army of the Republic (Omitted) 71 5A. Ladies of the Grand Army of the Republic 78 6. United States Blind Veterans of World War I 81 6A. Disabled American Veterans 90a 7. American War Mothers 91 7A. Veterans of Foreign Wars of the United States 111 8. American Battle Monuments Commission 121 8A. The National Yeomen F 139 8B. Navy Club of the United States of America 140 9. National Observances 141 10. Patriotic Customs 170 11. Civil Air Patrol 201 12. Reserve Officers Association 221 13. National Academy of Sciences 251 14. Future Farmers of America 271 15. Military Chaplains Association of the United States of America 311 16. American Society of International Law 341 17. United States Olympic Committee 371 18. National Conference of State Societies, Washington, District of Columbia 401 19. Corregidor Bataan Memorial Commission (Omitted) 426 20. National Conference on Citizenship 431 21. National Safety Council 461 22. Pershing Hall Memorial Fund 491 23. Board for Fundamental Education 501 24. Sons of Union Veterans of the Civil War 531 25. The Foundation of the Federal Bar Association 571 26. National Fund for Medical Education 601 27. Legion of Valor of the United States of America, Inc. 631 28. National Music Council 661 29. Boys' Clubs of America 691 30. Presidential Inaugural Ceremonies 721 31. Civil War Centennial Commission (Omitted and Repealed) 741 32. Veterans of World War I of the United States of America 761 33. The Congressional Medal of Honor Society of the United States of America 791 34. Military Order of the Purple Heart of the United States of America 821 35. Blinded Veterans Association 851 36. Big Brothers - Big Sisters of America 881 37. Jewish War Veterans, U.S.A., National Memorial, Inc. 911 38. Blue Star Mothers of America 941 39. Agricultural Hall of Fame 971 40. National Woman's Relief Corps, Auxiliary to the Grand Army of the Republic 1001 41. Naval Sea Cadet Corps 1041 41A. Little League Baseball, Inc. 1071 42. Audits of Federally Chartered Corporations 1101 43. Paralyzed Veterans of America 1151 44. United States Capitol Historical Society 1201 45. United Service Organizations, Inc. 1301 46. United States Holocaust Memorial Council 1401 47. National Ski Patrol System, Inc. 1501 48. Gold Star Wives of America 1601 49. Italian American War Veterans of the United States 1701 50. United States Submarine Veterans of World War II 1801 51. American Council of Learned Societies 1901 52. National Federation of Music Clubs 2001 53. American Ex-Prisoners of War 2101 54. Former Members of Congress 2201 55. National Academy of Public Administration 2301 56. American Gold Star Mothers, Inc. 2401 57. Polish Legion of American Veterans, U.S.A. 2501 58. Catholic War Veterans of the United States of America, Inc. 2601 59. Jewish War Veterans of the United States of America, Inc. 2701 60. Navy Wives Clubs of America 2801 61. National Society, Daughters of the American Colonists 2901 62. 369th Veterans' Association 3001 63. Women's Army Corps Veterans' Association 3101 64. American Chemical Society 3201 65. The American National Theater and Academy 3301 66. American Symphony Orchestra League 3401 67. General Federation of Women's Clubs 3501 68. Pearl Harbor Survivors Association 3601 69. Daughters of Union Veterans of the Civil War 1861-1865 3701 70. Vietnam Veterans of America, Inc. 3801 71. Army and Navy Union of the United States of America 3901 72. Non Commissioned Officers Association of the United States of America, Inc. 4001 73. National Mining Hall of Fame and Museum 4101 74. American Academy of Arts and Letters 4201 75. Aviation Hall of Fame 4301 76. Frederick Douglass Memorial and Historical Association 4401 77. National Council on Radiation Protection and Measurements 4501 78. National Tropical Botanical Garden 4601 79. Theodore Roosevelt Association 4701 80. 82nd Airborne Division Association, Inc. 4801 ------DocID 41171 Document 2 of 1444------ -CITE- 36 USC Sec. 36 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 36. Exclusive right to emblems, badges, marks, and words or phrases -STATUTE- The corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, all emblems and badges, descriptive or designating marks, and words or phrases now or heretofore used by the old corporation and by its successor in carrying out its program, including the sole and exclusive right to use, or to authorize the use of, during the existence of the corporation, the badge of the Girl Scouts, Incorporated, which is referred to in the Act of August 12, 1937 (Public, Numbered 259, Seventy-fifth Congress; 50 Stat. 623), and all the other aforesaid emblems and badges, descriptive or designating marks, and words or phrases in connection with the manufacturing, advertising, and selling of equipment and merchandise: Provided, however, That nothing in this chapter shall interfere or conflict with established or vested rights. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 6, 64 Stat. 24; Aug. 17, 1951, ch. 328, 65 Stat. 193.) -REFTEXT- REFERENCES IN TEXT Act of August 12, 1937 (Public, Numbered 259, Seventy-fifth Congress; 50 Stat. 623), referred to in text, is act Aug. 12, 1937, ch. 590, 50 Stat. 623, which is not classified to the Code. -MISC2- AMENDMENTS 1951 - Act Aug. 17, 1951, inserted 'and by its successors' and 'including the sole and exclusive right to use, or to authorize the use of, during the existence of the corporation, the badge of the Girl Scouts, Incorporated, which is referred to in the Act of August 12, 1937 (Public, Numbered 259, Seventy-fifth Congress; 50 Stat. 623), and all the other aforesaid emblems and badges, descriptive or designating marks, and words or phrases in connection with the manufacturing, advertising, and selling of equipment and merchandise' and substituted 'Provided, however, That' for 'it being distinctly and definitely understood, however, that'. ------DocID 41807 Document 3 of 1444------ -CITE- 36 USC CHAPTER 36 -EXPCITE- TITLE 36 CHAPTER 36 -HEAD- CHAPTER 36 - BIG BROTHERS - BIG SISTERS OF AMERICA -MISC1- Sec. 881. Corporation created; short title. 882. Completion of organization. 883. Purposes of corporation. 884. Powers of corporation. 885. Principal office; territorial scope of activities; agent for service of process. 886. Membership; voting rights. 887. Governing body. (a) Composition. (b) Tenure. (c) Duties. 888. Officers. 889. Distribution of income or assets to members; loans. 890. Nonpolitical nature of corporation. 891. Liability for acts of officers and agents. 892. Prohibition against issuance of stock or payment of dividends. 893. Books and records; inspection. 894. Repealed. 895. Exclusive right to name, emblems, seals, and badges. 896. Acquisition of assets and liabilities of existing corporation. 897. Use of assets on dissolution or liquidation. 898. Reservation of right to amend or repeal chapter. ------DocID 14626 Document 4 of 1444------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 36 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PRACTICE BEFORE THE COURT -HEAD- Rule 36. Filing of Pleadings -STATUTE- (a) All pleadings or other papers relative to a case will be submitted to the Clerk's office, 450 E Street, Northwest, Washington, D.C. 20442. Pleadings transmitted by mail or other means for filing in the Clerk's office will be deemed to have been filed when received by the Court or when deposited in the United States mails addressed to the Court, whichever occurs first. See Rule 27(a)(6). (b) If any pleading or paper is not filed or offered for filing in compliance with these rules or an order of the Court, the Court may issue an order to show cause, dismiss the proceeding, or return the proferred pleading or paper on its own motion or the motion of a party. ------DocID 15204 Document 5 of 1444------ -CITE- 12 USC Sec. 36 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 36. Branch banks -STATUTE- The conditions upon which a national banking association may retain or establish and operate a branch or branches are the following: (a) A national banking association may retain and operate such branch or branches as it may have had in lawful operation on February 25, 1927, and any national banking association which continuously maintained and operated not more than one branch for a period of more than twenty-five years immediately preceding February 25, 1927, may continue to maintain and operate such branch. (b)(1) A national bank resulting from the conversion of a State bank may retain and operate as a branch any office which was a branch of the State bank immediately prior to conversion if such office - (A) might be established under subsection (c) of this section as a new branch of the resulting national bank, and is approved by the Comptroller of the Currency for continued operation as a branch of the resulting national bank; (B) was a branch of any bank on February 25, 1927; or (C) is approved by the Comptroller of the Currency for continued operation as a branch of the resulting national bank. The Comptroller of the Currency may not grant approval under clause (C) of this paragraph if a State bank (in a situation identical to that of the national bank) resulting from the conversion of a national bank would be prohibited by the law of such State from retaining and operating as a branch an identically situated office which was a branch of the national bank immediately prior to conversion. (2) A national bank (referred to in this paragraph as the 'resulting bank'), resulting from the consolidation of a national bank (referred to in this paragraph as the 'national bank') under whose charter the consolidation is effected with another bank or banks, may retain and operate as a branch any office which, immediately prior to such consolidation, was in operation as - (A) a main office or branch office of any bank (other than the national bank) participating in the consolidation if, under subsection (c) of this section, it might be established as a new branch of the resulting bank, and if the Comptroller of the Currency approves of its continued operation after the consolidation; (B) a branch of any bank participating in the consolidation, and which, on February 25, 1927, was in operation as a branch of any bank; or (C) a branch of the national bank and which, on February 25, 1927, was not in operation as a branch of any bank, if the Comptroller of the Currency approves of its continued operation after the consolidation. The Comptroller of the Currency may not grant approval under clause (C) of this paragraph if a State bank (in a situation identical to that of the resulting national bank) resulting from the consolidation into a State bank of another bank or banks would be prohibited by the law of such State from retaining and operating as a branch an identically situated office which was a branch of the State bank immediately prior to consolidation. (3) As used in this subsection, the term 'consolidation' includes a merger. (c) A national banking association may, with the approval of the Comptroller of the Currency, establish and operate new branches: (1) Within the limits of the city, town or village in which said association is situated, if such establishment and operation are at the time expressly authorized to State banks by the law of the State in question; and (2) at any point within the State in which said association is situated, if such establishment and operation are at the time authorized to State banks by the statute law of the State in question by language specifically granting such authority affirmatively and not merely by implication or recognition, and subject to the restrictions as to location imposed by the law of the State on State banks. In any State in which State banks are permitted by statute law to maintain branches within county or greater limits, if no bank is located and doing business in the place where the proposed agency is to be located, any national banking association situated in such State may, with the approval of the Comptroller of the Currency, establish and operate, without regard to the capital requirements of this section, a seasonal agency in any resort community within the limits of the county in which the main office of such association is located, for the purpose of receiving and paying out deposits, issuing and cashing checks and drafts, and doing business incident thereto: Provided, That any permit issued under this sentence shall be revoked upon the opening of a State or national bank in such community. Except as provided in the immediately preceding sentence, no such association shall establish a branch outside of the city, town, or village in which it is situated unless it has a combined capital stock and surplus equal to the combined amount of capital stock and surplus, if any, required by the law of the State in which such association is situated for the establishment of such branches by State banks, or, if the law of such State requires only a minimum capital stock for the establishment of such branches by State banks, unless such association has not less than an equal amount of capital stock. (d) The aggregate capital of every national banking association and its branches shall at no time be less than the aggregate minimum capital required by law for the establishment of an equal number of national banking associations situated in the various places where such association and its branches are situated. (e) No branch of any national banking association shall be established or moved from one location to another without first obtaining the consent and approval of the Comptroller of the Currency. (f) The term 'branch' as used in this section shall be held to include any branch bank, branch office, branch agency, additional office, or any branch place of business located in any State or Territory of the United States or in the District of Columbia at which deposits are received, or checks paid, or money lent. (g) This section shall not be construed to amend or repeal section 25 of the Federal Reserve Act, as amended (12 U.S.C. 601 et seq.), authorizing the establishment by national banking associations of branches in foreign countries, or dependencies, or insular possessions of the United States. (h) The words 'State bank,' 'State banks,' 'bank,' or 'banks,' as used in this section, shall be held to include trust companies, savings banks, or other such corporations or institutions carrying on the banking business under the authority of State laws. -SOURCE- (R.S. Sec. 5155; Feb. 25, 1927, ch. 191, Sec. 7, 44 Stat. 1228; June 16, 1933, ch. 89, Sec. 23, 48 Stat. 189; Aug. 23, 1935, ch. 614, title III, Sec. 305, 49 Stat. 708; July 15, 1952, ch. 753, Sec. 2(b), 66 Stat. 633; Sept. 28, 1962, Pub. L. 87-721, 76 Stat. 667.) -REFTEXT- REFERENCES IN TEXT Section 25 of the Federal Reserve Act, as amended, referred to in subsec. (g), is classified to subchapter I (Sec. 601 et seq.) of chapter 6 of this title. -COD- CODIFICATION R.S. Sec. 5155 derived from act Mar. 3, 1865, ch. 78, Sec. 7, 13 Stat. 484. -MISC3- AMENDMENTS 1962 - Subsec. (b). Pub. L. 87-721 substituted provisions permitting a national bank resulting from the conversion of a State bank to retain and operate as a branch any office which was a branch of the State bank immediately prior to conversion if such office might be established as a new branch of the resulting national bank, and is approved by the Comptroller for continued operation as a branch of the resulting bank, or any office which was a branch of any bank on Feb. 25, 1927, or any office which is approved by the Comptroller for continued operation as a branch, and a national bank resulting from consolidation of a national bank under whose charter the consolidation is effected with another bank or banks to retain and operate any office which, immediately prior to consolidation, was in operation as a main office or branch office of any bank (other than the national bank) participating in the consolidation if it might be established as a new branch of the resulting bank, and if the Comptroller approves of its continued operation, or was in operation as a branch of any bank participating in the consolidation and which, on Feb. 25, 1927, was in operation as a branch of any bank, or was in operation as a branch of the national bank and which, on Feb. 25, 1927, was not in operation as a branch of any bank, if the Comptroller approves of its continued operation, for provisions which permitted State banks converted into or consolidated with national banking associations after Feb. 25, 1927, or two or more national banking associations which are consolidated, to retain and operate only those branches which may have been in lawful operation on Feb. 25, 1927, and inserted provisions prohibiting the Comptroller from granting approval under clauses (1)(C) and (2)(C) if a State bank resulting from the conversion or consolidation would be prohibited by law of the State from retaining and operating as a branch an identically situated office which was a branch of the national bank or State bank immediately prior to the conversion or consolidation. 1952 - Subsec. (c). Act July 15, 1952, struck out the minimum capital requirement for the establishment of branches by national banks. 1935 - Subsec. (c). Act Aug. 23, 1935, inserted second sentence and substituted 'Except as provided in the immediately preceding sentence, no' for 'No' in last sentence. 1933 - Subsecs. (c), (d). Act June 16, 1963, amended subsecs. (c) and (d). 1927 - Act Feb. 25, 1927, amended section generally. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -MISC5- APPLICABILITY OF MCFADDEN ACT TO PRESENT FINANCIAL ENVIRONMENT; REPORT AND RECOMMENDATIONS BY PRESIDENT TO CONGRESS Pub. L. 95-369, Sec. 14, Sept. 17, 1978, 92 Stat. 625, provided for a report to Congress by the President, not later than one year after Sept. 17, 1978, containing recommendations concerning the applicability of the McFadden Act (Feb. 25, 1927, ch. 191, 44 Stat. 1224) to the then current financial, banking, and economic environment. -CROSS- CROSS REFERENCES Conversion of national banks into State banks, see sections 214 to 214c of this title. Place of business, see section 81 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 81, 93a of this title. ------DocID 16834 Document 6 of 1444------ -CITE- 12 USC CHAPTER 36 -EXPCITE- TITLE 12 CHAPTER 36 -HEAD- CHAPTER 36 - DEPOSITORY INSTITUTIONS DEREGULATION AND FINANCIAL REGULATION SIMPLIFICATION -MISC1- SUBCHAPTER I - DEPOSITORY INSTITUTIONS DEREGULATION Sec. 3501. Congressional findings and declaration of purpose. 3502. Depository Institutions Deregulation Committee. (a) Transfer of statutory authorities. (b) Membership; meetings; voting. (c) Delegation of authorities prohibited. 3503. Phase-out and elimination of limitations, and gradual increases of maximum rates of interest and dividends paid on deposits and accounts. (a) Exercise of authorities; methods employed. (b) Maximum amounts of increases. (c) Money market deposit accounts; authorization; competitiveness with money market mutual funds; limitations on maximum rate of interest barred; transaction account reserves requirement inapplicable. 3504. Voting requirements respecting targets for limitations on maximum rates of interest and dividends paid on deposits and accounts and phase-out of interest rate controls; adjustment of limitations. 3505. Reporting requirements for individual members of Deregulation Committee; contents. 3506. Repeal of other statutory authorities. 3507. Procedures applicable for enforcement of regulations; violations of regulations. 3508. Transitional application of rules and regulations issued pursuant to statutory authorities transferred. 3509. Termination of statutory authorities transferred and Deregulation Committee. SUBCHAPTER II - REGULATORY SIMPLIFICATION 3521 to 3524. Repealed ------DocID 17478 Document 7 of 1444------ -CITE- 15 USC Sec. 36 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 36. Recovery of damages, etc., for antitrust violations on claim against person based on official action directed by local government, or official or employee thereof acting in an official capacity -STATUTE- (a) Prohibition in general No damages, interest on damages, costs or attorney's fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) in any claim against a person based on any official action directed by a local government, or official or employee thereof acting in an official capacity. (b) Nonapplication of prohibition for cases commenced before effective date of provisions Subsection (a) of this section shall not apply with respect to cases commenced before the effective date of this Act. -SOURCE- (Pub. L. 98-544, Sec. 4, Oct. 24, 1984, 98 Stat. 2750.) -REFTEXT- REFERENCES IN TEXT For effective date of this Act, referred to in subsec. (b), see Effective Date note below. -MISC2- EFFECTIVE DATE Section effective thirty days before Oct. 24, 1984, see section 6 of Pub. L. 98-544, set out as a note under section 34 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 34 of this title. ------DocID 17778 Document 8 of 1444------ -CITE- 15 USC Sec. 80a-36 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-36. Larceny and embezzlement -STATUTE- Whoever steals, unlawfully abstracts, unlawfully and willfully converts to his own use or to the use of another, or embezzles any of the moneys, funds, securities, credits, property, or assets of any registered investment company shall be deemed guilty of a crime, and upon conviction thereof shall be subject to the penalties provided in section 80a-48 of this title. A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section for the same act or acts. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 37, 54 Stat. 841.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18504 Document 9 of 1444------ -CITE- 15 USC CHAPTER 36 -EXPCITE- TITLE 15 CHAPTER 36 -HEAD- CHAPTER 36 - CIGARETTE LABELING AND ADVERTISING -MISC1- Sec. 1331. Congressional declaration of policy and purpose. 1332. Definitions. 1333. Labeling; requirements; conspicuous statement. (a) Required warnings; packages; advertisements; billboards. (b) Conspicuous statement; label statement format; outdoor billboard statement format. (c) Rotation of label statement; plan; submission to Federal Trade Commission. (d) Application; distributors; retailers. 1334. Preemption. (a) Additional statements. (b) State regulations. 1335. Unlawful advertisements on medium of electronic communication. 1335a. List of cigarette ingredients; annual submission to Secretary; transmittal to Congress; confidentiality. 1336. Authority of Federal Trade Commission; unfair or deceptive acts or practices. 1337. Reports to Congress by the Secretary and Federal Trade Commission. 1338. Criminal penalty. 1339. Injunction proceedings. 1340. Cigarettes for export. 1341. Smoking, research, education and information. (a) Establishment of program; Secretary; functions. (b) Interagency Committee on Smoking and Health; composition; chairman; compensation; staffing and other assistance. (c) Report to Congress; contents. ------DocID 19661 Document 10 of 1444------ -CITE- 16 USC Sec. 36 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 36. Disposition of surplus elk, buffalo, bear, beaver, and predatory animals -STATUTE- The Secretary of the Interior is authorized, in his discretion and under regulations to be prescribed by him, to give surplus elk, buffalo, bear, beaver, and predatory animals inhabiting Yellowstone National Park to Federal, State, county, and municipal authorities for preserves, zoos, zoological gardens, and parks. He may sell or otherwise dispose of the surplus buffalo of the Yellowstone National Park herd, and all moneys received from the sale of any such surplus buffalo shall be deposited in the Treasury of the United States as miscellaneous receipts. -SOURCE- (Jan. 24, 1923, ch. 42, 42 Stat. 1214.) -CROSS- CROSS REFERENCES Conservation of elk in Wyoming, National Elk Refuge in Wyoming, and Wyoming Elk Reserve, see sections 673 to 673c of this title. ------DocID 20439 Document 11 of 1444------ -CITE- 16 USC Sec. 410cc-36 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part C -HEAD- Sec. 410cc-36. Staff of Commission -STATUTE- (a) Appointment and compensation of Director The Commission shall have a Director who shall be appointed by the Commission and who shall be paid at a rate not to exceed the rate of pay payable for grade GS-15 of the General Schedule. (b) Appointment and compensation of additional personnel The Commission may appoint and fix the pay of such additional personnel as the Commission deems desirable. (c) Applicability of civil service provisions to appointment and compensation of Director and staff The Director and staff of the Commission may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51, and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for grade GS-15 of the General Schedule. (d) Temporary or intermittent services; procurement and compensation Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, but at rates determined by the Commission to be reasonable. (e) Detail of personnel from other Federal agencies represented by members on Commission; reimbursement by Commission; administrative support services by Administrator of General Services Administration; reimbursement by Commission (1) Upon request of the Commission, the head of any Federal agency represented by members on the Commission may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this subchapter. (2) The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. -SOURCE- (Pub. L. 95-290, title III, Sec. 306, June 5, 1978, 92 Stat. 303.) -REFTEXT- REFERENCES IN TEXT GS-15 of the General Schedule, referred to in subsecs. (a) and (c), is set out under section 5332 of Title 5, Government Organization and Employees. The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c), are classified generally to section 3301 et seq. of Title 5. ------DocID 23041 Document 12 of 1444------ -CITE- 16 USC CHAPTER 36 -EXPCITE- TITLE 16 CHAPTER 36 -HEAD- CHAPTER 36 - FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING -MISC1- SUBCHAPTER I - PLANNING Sec. 1600. Congressional findings. 1601. Renewable Resource Assessment. (a) Preparation by Secretary of Agriculture; time of preparation, updating and contents. (b) Contents of Assessments. (c) Public involvement; consultation with governmental departments and agencies. (d) Congressional policy of multiple use sustained yield management; examination and certification of lands; estimate of appropriations necessary for reforestation and other treatment; budget requirements; authorization of appropriations. (e) Report on herbicides and pesticides. 1602. Renewable Resource Program; preparation by Secretary of Agriculture and transmittal to President; purpose and development of program; time of preparation, updating and contents. 1603. National Forest System resource inventories; development, maintenance, and updating by Secretary of Agriculture as part of Assessment. 1604. National Forest System land and resource management plans. (a) Development, maintenance, and revision by Secretary of Agriculture as part of program; coordination. (b) Criteria. (c) Incorporation of standards and guidelines by Secretary; time of completion; progress reports; existing management plans. (d) Public participation in management plans; availability of plans; public meetings. (e) Required assurances. (f) Required provisions. (g) Promulgation of regulations for development and revision of plans; environmental considerations; resource management guidelines; guidelines for land management plans. (h) Scientific committee to aid in promulgation of regulations; termination; revision committees; clerical and technical assistance; compensation of committee members. (i) Consistency of resource plans, permits, contracts, and other instruments with land management plans; revision. (j) Effective date of land management plans and revisions. (k) Development of land management plans. (l) Program evaluation; process for estimating long-term costs and benefits; summary of data included in annual report. (m) Establishment of standards to ensure culmination of mean annual increment of growth; silvicultural practices; salvage harvesting; exceptions. 1605. Protection, use and management of renewable resources on non-Federal lands; utilization of Assessment, surveys and Program by Secretary of Agriculture to assist States, etc. 1606. Budget requests by President for Forest Service activities. (a) Transmittal to Speaker of House and President of Senate of Assessment, Program and Statement of Policy used in framing requests; time for transmittal; implementation by President of programs established under Statement of Policy unless Statement subsequently disapproved by Congress; time for disapproval. (b) Contents of requests to show extent of compliance of projected programs and policies with policies approved by Congress; requests not conforming to approved policies; expenditure of appropriations. (c) Annual evaluation report to Congress of Program components; time of submission; status of major research programs; application of findings; status, etc., of cooperative forestry assistance programs and activities. (d) Required contents of annual evaluation report. (e) Additional required contents of annual evaluation report. (f) Form of annual evaluation report. 1606a. Reforestation Trust Fund. (a) Establishment; source of funds. (b) Transfer of certain tariff receipts to Trust Fund; fiscal year limitation; quarterly transfers; adjustment of estimates. (c) Report to Congress; printing as House and Senate document; investments; sale and redemption of obligations; credits for Trust Fund. (d) Obligations from Trust Fund. 1607. National Forest System renewable resources; development and administration by Secretary of Agriculture in accordance with multiple use and sustained yield concepts for products and services; target year for operational posture of resources; budget requests. 1608. National Forest Transportation System. (a) Congressional declaration of policy; time for development; method of financing; financing of forest development roads. (b) Construction of temporary roadways in connection with timber contracts, and other permits or leases. (c) Standards of roadway construction. 1609. National Forest System. (a) Congressional declaration of constituent elements and purposes; lands etc., included within; return of lands to public domain. (b) Location of Forest Service offices. 1610. Implementation of provisions by Secretary of Agriculture; utilization of information and data of other organizations; avoidance of duplication of planning, etc.; 'renewable resources' defined. 1611. Timber. (a) Limitations on removal; variations in allowable sale quantity; public participation. (b) Salvage harvesting. 1612. Public participation. (a) Adequate notice and opportunity to comment. (b) Advisory boards. 1613. Promulgation of regulations. 1614. Severability. SUBCHAPTER II - RESEARCH 1641. Findings and purpose. (a) Findings. (b) Relationship to other law. (c) Purpose. 1642. Investigations, experiments, tests, and other activities. (a) Authorization; scope and purposes of activities. (b) Development of periodic Renewable Resource Assessment through survey and analysis of conditions; implementation; authorization of appropriations. (c) Program of research and study relative to health and productivity of domestic forest ecosystems; advisory committee; reports. (d) Studies relative to problems associated with urban forests; effects of Federal revenue codes on private forests; development of improved delivery systems for information and technical assistance provided to private landowners. 1643. Implementation of provisions. (a) Establishment and maintenance of research facilities; acquisition, expenditures, etc., for property. (b) Acceptance, holding, and administration of gifts, donations, and bequests; use and investment of gifts, proceeds, etc.; funding requirements. (c) Cooperation with international, Federal, State, and other governmental agencies, public and private agencies, etc.; funding requirements for contributions from cooperators. 1644. Competitive grants; scope and purposes; prerequisites. 1645. General provisions. (a) Availability of funds to cooperators and grantees. (b) Coordination of cooperative aid and grants with other aid and grant authorities. (c) Dissemination of knowledge and technology developed from research activities; cooperation with specified entities. (d) Additional implementative authorities. (e) Construction of statutory provisions. (f) Definitions. 1646. Authorization of appropriations. 1647. Other Federal programs. (a) Repeal of statutory authorities relating to investigation, experiments, and tests in reforestation and forest products. (b) Force and effect of cooperative and other agreements under repealed statutory authorities relating to investigation, etc., in reforestation and forest products. (c) Issuance of rules and regulations for implementation of provisions and coordination with agricultural research, extension, and teaching provisions. (d) Availability of funds appropriated under repealed statutory authorities relating to investigation, etc., in reforestation and forest products. 1648. Recycling research. (a) Findings. (b) Recycling research program. (c) Authorization of appropriations. 1649. Forestry Student Grant Program. (a) Establishment. (b) Student grants. (c) Eligibility. (d) Authorization of appropriations. SUBCHAPTER III - EXTENSION PROGRAMS 1671. Congressional statement of findings. 1672. General program authorization. (a) Types of programs; preconditions and cooperation with State program directors, etc. (b) 'Eligible colleges and universities' defined. (c) Use of appropriate educational methods required; scope of methods. 1673. State programs. (a) Development by State program director, etc., of comprehensive and coordinated program by mutual agreement; consultations; review procedure. (b) Encouragement by State director, etc., of cooperation between county and State extension staffs and appropriate Federal and State agencies and organizations. (c) Administration and coordination of program by State director; exception. (d) Appointment and use of advisory committees by State director, etc.; composition of advisory committees. (e) 'State' defined. 1674. Renewable Resources Extension Program plan. (a) Preparation and submission to Congress; purposes; contents. (b) Considerations governing preparation. (c) Annual report to Congress. (d) Review of activities and evaluation of progress. 1674a. Expanded programs. (a) In general. (b) Activities. 1675. Authorization of appropriations; criteria for eligibility of States for funds. 1676. Issuance of rules and regulations for implementation of provisions and coordination with agricultural, research, extension, and teaching provisions. SUBCHAPTER IV - WOOD RESIDUE UTILIZATION 1681. Congressional statement of purpose. 1682. Pilot projects and demonstrations. (a) Establishment, implementation. (b) Scope; residue removal credits. 1683. Pilot projects; requirements; residue removal credits as compensation; implementation guidelines. 1684. Annual reports. 1685. Regulations. 1686. Definitions. 1687. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 472a of this title. ------DocID 25124 Document 13 of 1444------ -CITE- 18 USC Rule 36 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VII -HEAD- Rule 36. Clerical Mistakes -STATUTE- Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any, as the court orders. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule continues existing law. Rupinski v. United States, 4 F.2d 17 (C.C.A. 6th). The rule is similar to Rule 60(a) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Correction of clerical mistakes, see rule 60, Title 28. Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Remedies on motion attacking sentence while in Federal custody, see section 2255 of Title 28, Judiciary and Judicial Procedure. ------DocID 25173 Document 14 of 1444------ -CITE- 19 USC Sec. 36, 37 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 36, 37. Repealed. Pub. L. 91-271, title III, Sec. 321(h), (i), June 2, 1970, 84 Stat. 293 -MISC1- Section 36, acts Feb. 6, 1907, ch. 471, 34 Stat. 880; Mar. 4, 1923, ch. 251, Sec. 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748, enumerated duties of deputy collectors. Section 37, R.S. Sec. 2633, authorized Secretary of the Treasury to clothe any deputy director at a port other than district headquarters with all powers of his principal appertaining to official acts. EFFECTIVE DATE OF REPEAL Repeal effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as an Effective Date of 1970 Amendment note under section 1500 of this title. ------DocID 26717 Document 15 of 1444------ -CITE- 20 USC Sec. 1070d-36 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-36. Eligibility of scholars -STATUTE- (a) High school graduation or equivalent and admission to institution required Each student awarded a scholarship under this subpart shall be a graduate of a public or private secondary school or have the equivalent of a certificate of graduation as recognized by the State in which the student resides and must have been admitted for enrollment at an institution of higher education. (b) Selection based on promise of academic achievement Each student awarded a scholarship under this subpart must demonstrate outstanding academic achievement and show promise of continued academic achievement. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419F, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344.) -MISC1- PRIOR PROVISIONS A prior section 1070d-36, Pub. L. 89-329, title IV, Sec. 419F, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2901, related to eligibility of students for scholarships under Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99-498. ------DocID 27220 Document 16 of 1444------ -CITE- 20 USC CHAPTER 36 -EXPCITE- TITLE 20 CHAPTER 36 -HEAD- CHAPTER 36 - EMERGENCY SCHOOL AID ------DocID 29032 Document 17 of 1444------ -CITE- 22 USC Sec. 277d-36 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-36. Sale of excess land -STATUTE- Notwithstanding any other provision of law, the Commissioner is authorized to dispose of by warranty deed, or otherwise, any land acquired by him on behalf of the United States, or obtained by the United States pursuant to treaty between the United States and Mexico, and not required for project purposes, under procedures to be formulated by the Commissioner, to adjoining landowners at such price as he considers fair and equitable, and, if not so disposed of, to turn such land over to the General Services Administration for disposal under the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). -SOURCE- (Pub. L. 92-549, title I, Sec. 103, Oct. 25, 1972, 86 Stat. 1162.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that Act relating to disposal of Government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables. ------DocID 30466 Document 18 of 1444------ -CITE- 22 USC CHAPTER 36 -EXPCITE- TITLE 22 CHAPTER 36 -HEAD- CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE -MISC1- Sec. 2601. Refugees and migration. (a) United States membership in Intergovernmental Committee for European Migration; contributions to Committee. (b) Appropriations for assistance to refugees. (c) United States Emergency Refugee and Migration Assistance Fund; appropriations. (d) Information to Congressional committees. (e) Continued availability of certain funds. (f) Restrictions on foreign assistance not applicable to migration and refugee assistance. 2602. Presidential authorization. (a) Authority of President to make loans, advances, grants, contracts, etc.; authority to use money, funds, property, services, etc. (b) Performance of functions without regard to specified provisions of law. 2603. Delegation of powers. 2604. Allocation, transfer and availability of funds; separate appropriation accounts on Treasury books. 2605. Availability of funds for administrative and operating purposes and various expenses; continued effectiveness of actions undertaken under repealed provisions of law. 2606. Audits of U.S. funds received by the United Nations High Commissioner for Refugees. (a) Program audits. (b) Inspection and report by Comptroller General. (c) First program audit. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2275, 2318 of this title. ------DocID 31513 Document 19 of 1444------ -CITE- 24 USC Sec. 36 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 36. Repealed. June 7, 1956, ch. 374, Sec. 306(2), 70 Stat. 254 -MISC1- Section, act May 10, 1943, ch. 95, Sec. 6, 57 Stat. 41, made sections 32 to 36 of this title applicable to dependents of personnel of the Coast Guard. EFFECTIVE DATE OF REPEAL Repeal effective six months after June 7, 1956, see section 307 of act June 7, 1956. ------DocID 31707 Document 20 of 1444------ -CITE- 25 USC Sec. 36 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 36. Special agents and other officers to administer oaths -STATUTE- Each special agent, supervisor of schools, or other official charged with the investigation of Indian agencies and schools, in the pursuit of his official duties shall have power to administer oaths and to examine on oath all officers and persons employed in the Indian Service, and all such other persons as may be deemed necessary and proper. -SOURCE- (Mar. 1, 1899, ch. 324, Sec. 1, 30 Stat. 927.) -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. -MISC5- INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. ------DocID 33549 Document 21 of 1444------ -CITE- 26 USC Sec. 36 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart C -HEAD- (Sec. 36. Repealed. Pub. L. 95-30, title I, Sec. 101(d)(3), May 23, 1977, 91 Stat. 133) -MISC1- Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 15; Oct. 4, 1976, Pub. L. 94-455, title V, Sec. 501(b)(2), title X, Sec. 1011(c), title XIX, Sec. 1901(b)(1)(A), 90 Stat. 1558, 1611, 1790, directed that credits provided by section 32 not be allowed if an individual elects under section 144 to take standard deduction. EFFECTIVE DATE OF REPEAL Repeal applicable to taxable years beginning after Dec. 31, 1976, see section 106(a) of Pub. L. 95-30, set out as an Effective Date of 1977 Amendment note under section 1 of this title. ------DocID 34809 Document 22 of 1444------ -CITE- 26 USC CHAPTER 36 -EXPCITE- TITLE 26 Subtitle D CHAPTER 36 -HEAD- CHAPTER 36 - CERTAIN OTHER EXCISE TAXES -MISC1- Subchapter Sec. (FOOTNOTE 1) A. Harbor maintenance tax 4461 (FOOTNOTE 1) Section numbers editorially supplied. B. Transportation by water 4471 B. Occupational tax on coin-operated devices (FOOTNOTE 2) 4461 (FOOTNOTE 2) Subchapter repealed by Pub. L. 95-600 without corresponding amendment of chapter analysis. (C. Repealed.) D. Tax on use of certain vehicles 4481 (E. Repealed.) F. Tax on removal of hard mineral resources from deep seabed 4495 AMENDMENTS 1989 - Pub. L. 101-239, title VII, Sec. 7504(b), Dec. 19, 1989, 103 Stat. 2363, added item for subchapter B 'Transportation by water'. 1986 - Pub. L. 99-662, title XIV, Sec. 1402(b), Nov. 17, 1986, 100 Stat. 4269, added item for subchapter A. 1982 - Pub. L. 97-248, title II, Sec. 280(c)(2)(A), Sept. 3, 1982, 96 Stat. 564, struck out item for subchapter E. 1980 - Pub. L. 96-283, title IV, Sec. 402(b), June 28, 1980, 94 Stat. 584, added item for subchapter F. 1970 - Pub. L. 91-258, title II, Sec. 206(d)(1), May 21, 1970, 84 Stat. 246, added item for subchapter E. 1965 - Pub. L. 89-44, title IV, Sec. 402, 404, June 21, 1965, 79 Stat. 148, 149, struck out items for subchapters A and C. 1956 - Act June 29, 1956, ch. 462, title II, Sec. 206(c), 70 Stat. 391, added item for subchapter D. ------DocID 35924 Document 23 of 1444------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 36 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 36. Answer -STATUTE- (a) Time to Answer or Move: The Commissioner shall have 60 days from the date of service of the petition within which to file an answer, or 45 days from that date within which to move with respect to the petition. With respect to an amended petition or amendments to the petition, the Commissioner shall have like periods from the date of service of those papers within which to answer or move in response thereto, except as the Court may otherwise direct. (b) Form and Content: The answer shall be drawn so that it will advise the petitioner and the Court fully of the nature of the defense. It shall contain a specific admission or denial of each material allegation in the petition; however, if the Commissioner shall be without knowledge or information sufficient to form a belief as to the truth of an allegation, then the Commissioner shall so state, and such statement shall have the effect of a denial. If the Commissioner intends to qualify or to deny only a part of an allegation, then the Commissioner shall specify so much of it as is true and shall qualify or deny only the remainder. In addition, the answer shall contain a clear and concise statement of every ground, together with the facts in support thereof on which the Commissioner relies and has the burden of proof. Paragraphs of the answer shall be designated to correspond to those of the petition to which they relate. (c) Effect of Answer: Every material allegation set out in the petition and not expressly admitted or denied in the answer shall be deemed to be admitted. (d) Declaratory Judgment, Disclosure, and Administrative Costs Actions: For the requirements applicable to the answer in declaratory judgment actions, in disclosure actions, and in administrative costs actions, see Rules 213(a), 223(a), and 272(a), respectively. ------DocID 37018 Document 24 of 1444------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 36 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 36. Entry of judgment -STATUTE- The notation of a judgment in the docket constitutes entry of the judgment. The clerk shall prepare, sign and enter the judgment following receipt of the opinion of the court unless the opinion directs settlement of the form of the judgment, in which event the clerk shall prepare, sign and enter the judgment following final settlement by the court. If a judgment is rendered without an opinion, the clerk shall prepare, sign and enter the judgment following instruction from the court. The clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or of the judgment if no opinion was written, and notice of the date of entry of the judgment. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES This is the typical rule. See 1st Cir. Rule 29; 3rd Cir. Rule 32; 6th Cir. Rule 21. At present, uncertainty exists as to the date of entry of judgment when the opinion directs subsequent settlement of the precise terms of the judgment, a common practice in cases involving enforcement of agency orders. See Stern and Gressman, Supreme Court Practice, p. 203 (3d Ed., 1962). The principle of finality suggests that in such cases entry of judgment should be delayed until approval of the judgment in final form. -CROSS- CROSS REFERENCES Certified copy of judgment, copy of opinion, and direction as to costs as constituting mandate, see rule 41. ------DocID 37080 Document 25 of 1444------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 36 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 36. Requests for Admission -STATUTE- (a) Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon that defendant. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 37(c), deny the matter or set forth reasons why the party cannot admit or deny it. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pre-trial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. (b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provision of Rule 16 governing amendment of a pre-trial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against the party in any other proceeding. -SOURCE- (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Compare similar rules: (Former) Equity Rule 58 (last paragraph, which provides for the admission of the execution and genuineness of documents); English Rules Under the Judicature Act (The Annual Practice, 1937) O. 32; Ill.Rev.Stat. (1937) ch. 110, Sec. 182 and Rule 18 (Ill.Rev.Stat. (1937) ch. 110, Sec. 259.18); 2 Mass.Gen.Laws (Ter.Ed., 1932) ch. 231, Sec. 69; Mich.Court Rules Ann. (Searl, 1933) Rule 42; N.J.Comp.Stat. (2 Cum.Supp. 1911-1924) N.Y.C.P.A. (1937) Sec. 322, 323; Wis.Stat. (1935) Sec. 327.22. NOTES OF ADVISORY COMMITTEE ON RULES - 1946 AMENDMENT Note. The first change in the first sentence of Rule 36(a) and the addition of the new second sentence, specifying when requests for admissions may be served, bring Rule 36 in line with amended Rules 26(a) and 33. There is no reason why these rules should not be treated alike. Other provisions of Rule 36(a) give the party whose admissions are requested adequate protection. The second change in the first sentence of the rule (subdivision (a)) removes any uncertainty as to whether a party can be called upon to admit matters of fact other than those set forth in relevant documents described in and exhibited with the request. In Smyth v. Kaufman, C.C.A.2d, 1940, 114 F.2d 40, it was held that the word 'therein', now stricken from the rule (said subdivision) referred to the request and that a matter of fact not related to any document could be presented to the other party for admission or denial. The rule of this case is now clearly stated. The substitution of the word 'served' for 'delivered' in the third sentence of the amended rule (said subdivision) is in conformance with the use of the word 'serve' elsewhere in the rule and generally throughout the rules. See also Notes to Rules 13(a) and 33 herein. The substitution (in said subdivision) of 'shorter or longer' for 'further' will enable a court to designate a lesser period than 10 days for answer. This conforms with a similar provision already contained in Rule 33. The addition of clause (1) (in said subdivision) specifies the method by which a party may challenge the propriety of a request to admit. There has been considerable difference of judicial opinion as to the correct method, if any, available to secure relief from an allegedly improper request. See Commentary, Methods of Objecting to Notice to Admit, 1942, 5 Fed.Rules Serv. 835; International Carbonic Engineering Co. v. Natural Carbonic Products, Inc., S.D.Cal. 1944, 57 F.Supp. 248. The changes in clause (1) are merely of a clarifying and conforming nature. The first of the added last two sentences (in said subdivision) prevents an objection to a part of a request from holding up the answer, if any, to the remainder. See similar proposed change in Rule 33. The last sentence strengthens the rule by making the denial accurately reflect the party's position. It is taken, with necessary changes, from Rule 8(b). NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT Rule 36 serves two vital purposes, both of which are designed to reduce trial time. Admissions are sought, first to facilitate proof with respect to issues that cannot be eliminated from the case, and secondly, to narrow the issues by eliminating those that can be. The changes made in the rule are designed to serve these purposes more effectively. Certain disagreements in the courts about the proper scope of the rule are resolved. In addition, the procedural operation of the rule is brought into line with other discovery procedures, and the binding effect of an admission is clarified. See generally Finman, The Request for Admissions in Federal Civil Procedure, 71 Yale L.J. 371 (1962). Subdivision (a). As revised, the subdivision provides that a request may be made to admit any matter within the scope of Rule 26(b) that relate to statements or opinions of fact or of the application of law to fact. It thereby eliminates the requirement that the matters be 'of fact.' This change resolves conflicts in the court decisions as to whether a request to admit matters of 'opinion' and matters involving 'mixed law and fact' is proper under the rule. As to 'opinion,' compare, e.g., Jackson Bluff Corp. v. Marcelle, 20 F.R.D. 139 (E.D.N.Y. 1957); California v. The S.S. Jules Fribourg, 19 F.R.D. 432 (N.D.Calif. 1955), with e.g., Photon, Inc. v. Harris Intertype, Inc., 28 F.R.D. 327 (D.Mass. 1961); Hise v. Lockwood Grader Corp., 153 F.Supp 276 (D.Nebr. 1957). As to 'mixed law and fact' the majority of courts sustain objections, e.g., Minnesota Mining and Mfg. Co. v. Norton Co., 36 F.R.D. 1 (N.D.Ohio 1964), but McSparran v. Hanigan, 225 F.Supp. 628 (E.D.Pa. 1963) is to the contrary. Not only is it difficult as a practical matter to separate 'fact' from 'opinion,' see 4 Moore's Federal Practice 36.04 (2d ed. 1966); cf. 2A Barron & Holtzoff, Federal Practice and Procedure 317 (Wright ed. 1961), but an admission on a matter of opinion may facilitate proof or narrow the issues or both. An admission of a matter involving the application of law to fact may, in a given case, even more clearly narrow the issues. For example, an admission that an employee acted in the scope of his employment may remove a major issue from the trial. In McSparran v. Hanigan, supra, plaintiff admitted that 'the premises on which said accident occurred, were occupied or under the control' of one of the defendants, 225 F.Supp. at 636. This admission, involving law as well as fact, removed one of the issues from the lawsuit and thereby reduced the proof required at trial. The amended provision does not authorize requests for admissions of law unrelated to the facts of the case. Requests for admission involving the application of law to fact may create disputes between the parties which are best resolved in the presence of the judge after much or all of the other discovery has been completed. Power is therefore expressly conferred upon the court to defer decision until a pretrial conference is held or until a designated time prior to trial. On the other hand, the court should not automatically defer decision; in many instances, the importance of the admission lies in enabling the requesting party to avoid the burdensome accumulation of proof prior to the pretrial conference. Courts have also divided on whether an answering party may properly object to request for admission as to matters which that party regards as 'in dispute.' Compare, e.g., Syracuse Broadcasting Corp. v. Newhouse, 271 F.2d 910, 917 (2d Cir. 1959); Driver v. Gindy Mfg. Corp., 24 F.R.D. 473 (E.D.Pa. 1959); with e.g., McGonigle v. Baxter, 27 F.R.D. 504 (E.D.Pa. 1961); United States v. Ehbauer, 13 F.R.D. 462 (W.D.Mo. 1952). The proper response in such cases is an answer. The very purpose of the request is to ascertain whether the answering party is prepared to admit or regards the matter as presenting a genuine issue for trial. In his answer, the party may deny, or he may give his reason for inability to admit or deny the existence of a genuine issue. The party runs no risk of sanctions if the matter is genuinely in issue, since Rule 37(c) provides a sanction of costs only when there are no good reasons for a failure to admit. On the other hand, requests to admit may be so voluminous and so framed that the answering party finds the task of identifying what is in dispute and what is not unduly burdensome. If so, the responding party may obtain a protective order under Rule 26(c). Some of the decisions sustaining objections on 'disputability' grounds could have been justified by the burdensome character of the requests. See, e.g., Syracuse Broadcasting Corp. v. Newhouse, supra. Another sharp split of authority exists on the question whether a party may base his answer on lack of information or knowledge without seeking out additional information. One line of cases has held that a party may answer on the basis of such knowledge as he has at the time he answers. E.g., Jackson Buff Corp. v. Marcelle, 20 F.R.D. 139 (E.D.N.Y. 1957); Sladek v. General Motors Corp., 16 F.R.D. 104 (S.D.Iowa 1954). A larger group of cases, supported by commentators, has taken the view that if the responding party lacks knowledge, he must inform himself in reasonable fashion. E.g., Hise v. Lockwood Grader Corp., 153 F.Supp. 276 (D.Nebr. 1957); E. H. Tate Co. v. Jiffy Enterprises, Inc., 16 F.R.D. 571 (E.D.Pa. 1954); Finman, supra, 71 Yale L.J. 371, 404-409; 4 Moore's Federal Practice 36.04 (2d ed. 1966); 2A Barron & Holtzoff, Federal Practice and Procedure 509 (Wright ed. 1961). The rule as revised adopts the majority view, as in keeping with a basic principle of the discovery rules that a reasonable burden may be imposed on the parties when its discharge will facilitate preparation for trial and ease the trial process. It has been argued against this view that one side should not have the burden of 'proving' the other side's case. The revised rule requires only that the answering party make reasonable inquiry and secure such knowledge and information as are readily obtainable by him. In most instances, the investigation will be necessary either to his own case or to preparation for rebuttal. Even when it is not, the information may be close enough at hand to be 'readily obtainable.' Rule 36 requires only that the party state that he has taken these steps. The sanction for failure of a party to inform himself before he answers lies in the award of costs after trial, as provided in Rule 37(c). The requirement that the answer to a request for admission be sworn is deleted, in favor of a provision that the answer be signed by the party or by his attorney. The provisions of Rule 36 make it clear that admissions function very much as pleadings do. Thus, when a party admits in part and denies in part, his admission is for purposes of the pending action only and may not be used against him in any other proceeding. The broadening of the rule to encompass mixed questions of law and fact reinforces this feature. Rule 36 does not lack a sanction for false answers; Rule 37(c) furnishes an appropriate deterrent. The existing language describing the available grounds for objection to a request for admission is eliminated as neither necessary nor helpful. The statement that objection may be made to any request, which is 'improper' adds nothing to the provisions that the party serve an answer or objection addressed to each matter and that he state his reasons for any objection. None of the other discovery rules set forth grounds for objection, except so far as all are subject to the general provisions of Rule 26. Changes are made in the sequence of procedures in Rule 36 so that they conform to the new procedures in Rules 33 and 34. The major changes are as follows: (1) The normal time for response to a request for admissions is lengthened from 10 to 30 days, conforming more closely to prevailing practice. A defendant need not respond, however, in less than 45 days after service of the summons and complaint upon him. The court may lengthen or shorten the time when special situations require it. (2) The present requirement that the plaintiff wait 10 days to serve requests without leave of court is eliminated. The revised provision accords with those in Rules 33 and 34. (3) The requirement that the objecting party move automatically for a hearing on his objection is eliminated, and the burden is on the requesting party to move for an order. The change in the burden of going forward does not modify present law on burden of persuasion. The award of expenses incurred in relation to the motion is made subject to the comprehensive provisions of Rule 37(a)(4). (4) A problem peculiar to Rule 36 arises if the responding party serves answers that are not in conformity with the requirements of the rule - for example, a denial is not 'specific,' or the explanation of inability to admit or deny is not 'in detail.' Rule 36 now makes no provision for court scrutiny of such answers before trial, and it seems to contemplate that defective answers bring about admissions just as effectively as if no answer had been served. Some cases have so held. E.g., Southern Ry. Co. v. Crosby, 201 F.2d 878 (4th Cir. 1953); United States v. Laney, 96 F.Supp. 482 (E.D.S.C. 1951). Giving a defective answer the automatic effect of an admission may cause unfair surprise. A responding party who purported to deny or to be unable to admit or deny will for the first time at trial confront the contention that he has made a binding admission. Since it is not always easy to know whether a denial is 'specific' or an explanation is 'in detail,' neither party can know how the court will rule at trial and whether proof must be prepared. Some courts, therefore, have entertained motions to rule on defective answers. They have at times ordered that amended answers be served, when the defects were technical, and at other times have declared that the matter was admitted. E.g., Woods v. Stewart, 171 F.2d 544 (5th Cir. 1948); SEC v. Kaye, Real & Co., 122 F.Supp. 639 (S.D.N.Y. 1954); Seib's Hatcheries, Inc. v. Lindley, 13 F.R.D. 113 (W.D.Ark. 1952). The rule as revised conforms to the latter practice. Subdivision (b). The rule does not now indicate the extent to which a party is bound by his admission. Some courts view admissions as the equivalent of sworn testimony E.g., Ark.-Tenn Distributing Corp. v. Breidt, 209 F.2d 359 (3d Cir. 1954); United States v. Lemons, 125 F.Supp. 686 (W.D.Ark. 1954); 4 Moore's Federal Practice 36.08 (2d ed. 1966 Supp.). At least in some jurisdictions a party may rebut his own testimony, e.g., Alamo v. Del Rosario, 98 F.2d 328 (D.C.Cir. 1938), and by analogy an admission made pursuant to Rule 36 may likewise be thought rebuttable. The courts in Ark-Tenn and Lemons, supra, reasoned in this way, although the results reached may be supported on different grounds. In McSparran v. Hanigan, 225 F.Supp. 628, 636-637 (E.D.Pa. 1963), the court held that an admission is conclusively binding, though noting the confusion created by prior decisions. The new provisions give an admission a conclusively binding effect, for purposes only of the pending action, unless the admission is withdrawn or amended. In form and substance a Rule 36 admission is comparable to an admission in pleadings or a stipulation drafted by counsel for use at trial, rather than to an evidentiary admission of a party. Louisell, Modern California Discovery Sec. 8.07 (1963); 2A Barron & Holtzoff, Federal Practice and Procedure Sec. 838 (Wright ed. 1961). Unless the party securing an admission can depend on its binding effect, he cannot safely avoid the expense of preparing to prove the very matters on which he has secured the admission, and the purpose of the rule is defeated. Field & McKusick, Maine Civil Practice Sec. 36.4 (1959); Finman, supra, 71 Yale L.J. 371, 418-426; Comment, 56 Nw.U.L.Rev. 679, 682-683 (1961). Provision is made for withdrawal or amendment of an admission. This provision emphasizes the importance of having the action resolved on the merits, while at the same time assuring each party that justified reliance on an admission in preparation for trial will not operate to his prejudice. Cf. Moosman v. Joseph P. Blitz, Inc., 358 F.2d 686 (2d Cir. 1966). NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- FORMS Request for admission under this rule, see form 25, Appendix of Forms. CROSS REFERENCES Expenses on refusal to admit, see rule 37. Use of admissions on motions for summary judgment, see rule 56. ------DocID 37303 Document 26 of 1444------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 36 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 36. Custody of Prisoners in Habeas Corpus Proceedings -STATUTE- .1. Pending review in this Court of a decision in a habeas corpus proceeding commenced before a court, Justice, or judge of the United States, the person having custody of the prisoner shall not transfer custody to another person unless the transfer is authorized in accordance with the provisions of this Rule. .2. Upon application by a custodian showing a need therefor, the court, Justice, or judge rendering the decision under review may authorize transfer and the substitution of a successor custodian as a party. .3. (a) Pending review of a decision failing or refusing to release a prisoner, the prisoner may be detained in the custody from which release is sought or in other appropriate custody or may be enlarged upon personal recognizance or bail, as may appear fitting to the court, Justice, or judge rendering the decision, or to the court of appeals or to this Court or to a judge or Justice of either court. (b) Pending review of a decision ordering release, the prisoner shall be enlarged upon personal recognizance or bail, unless the court, Justice, or judge rendering the decision, or the court of appeals, or this Court, or a judge or Justice of either court, shall otherwise order. .4. An initial order respecting the custody or enlargement of the prisoner, and any recognizance or surety taken, shall continue in effect pending review in the court of appeals and in this Court unless for reasons shown to the court of appeals or to this Court, or to a judge or Justice of either court, the order is modified or an independent order respecting custody, enlargement, or surety is entered. ------DocID 37358 Document 27 of 1444------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 36 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 36. Requests for Admission -STATUTE- (a) Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to facts including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon the United States after service of the complaint. The form of requests for admission and answers is governed by Appendix G 7. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney, but, unless the court shortens the time, the defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the complaint. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the party's answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the answering party states that the answering party has made reasonable inquiry and that the information known or readily obtainable by the answering party is insufficient to enable the answering party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 37(d), deny the matter or set forth reasons why the party cannot admit or deny it. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. (b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice the party in maintaining the party's action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission by the party for any other purpose nor may it be used against the party in any other proceeding. ------DocID 37465 Document 28 of 1444------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 36 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 36. Requests for Admission -STATUTE- (a) Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after filing of the complaint, and upon any other party with or after service of the summons and complaint upon that party. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon that defendant. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 37(c), deny the matter or set forth reasons why the party cannot admit or deny it. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders determine that final disposition of the request be made at a postassignment conference or at a designated time prior to trial. The provisions of Rule 37(a)(3) apply to the award of expenses incurred in relation to the motion. (b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing amendment of a postassignment scheduling or conference order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining the action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against the party in any other proceeding. -SOURCE- (As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988.) ------DocID 38503 Document 29 of 1444------ -CITE- 30 USC Sec. 36 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 36. Subdivisions of 10-acre tracts; maximum of placer locations; homestead claims of agricultural lands; sale of improvements -STATUTE- Legal subdivisions of forty acres may be subdivided into ten-acre tracts; and two or more persons, or associations of persons, having contiguous claims of any size, although such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer claim, made after the 9th day of July 1870, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys; and nothing in this section contained shall defeat or impair any bona fide homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser. -SOURCE- (R.S. Sec. 2330; Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097.) -COD- CODIFICATION R.S. Sec. 2330 derived from act July 9, 1870, ch. 235, Sec. 12, 16 Stat. 217. -MISC3- SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. -CROSS- CROSS REFERENCES Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 102 of this title; title 16 section 460mm-1. ------DocID 39716 Document 30 of 1444------ -CITE- 33 USC Sec. 36 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 36. Mosquito Creek, South Carolina -STATUTE- Mosquito Creek, in Colleton County, South Carolina, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. -SOURCE- (Aug. 8, 1917, ch. 49, Sec. 15, 40 Stat. 268.) ------DocID 40803 Document 31 of 1444------ -CITE- 33 USC CHAPTER 36 -EXPCITE- TITLE 33 CHAPTER 36 -HEAD- CHAPTER 36 - WATER RESOURCES DEVELOPMENT -MISC1- Sec. 2201. 'Secretary' defined. SUBCHAPTER I - COST SHARING 2211. Harbors. (a) Construction. (b) Operation and maintenance. (c) Erosion or shoaling attributable to Federal navigation works. (d) Non-Federal payments during construction. (e) Agreement. 2212. Inland waterway transportation. (a) Construction. (b) Operation and maintenance. (c) Authorizations from general fund. 2213. Flood control and other purposes. (a) Flood control. (b) Nonstructural flood control projects. (c) Other purposes. (d) Certain other costs assigned to project purposes. (e) Applicability. (f) 'Separable element' defined. (g) Deferral of payment. (h) Assigned joint and separable costs. (i) Lands, easements, rights-of-way, dredged material disposal areas, and relocations. (j) Agreement. (k) Payment options. (l) Delay of initial payment. (m) Ability to pay. 2214. General credit for flood control. (a) Guidelines. (b) Analysis of costs and benefits. (c) Crediting of non-Federal share. (d) Procedure for work done before November 17, 1986. (e) Procedure for work done after November 17, 1986. (f) Limitation not applicable. (g) Cash contribution not affected. 2215. Feasibility studies; planning, engineering, and design. (a) Feasibility studies. (b) Planning and engineering. (c) Design. 2216. Rate of interest. 2217. Limitation on applicability of certain provisions in reports. 2218. General applicability of cost sharing. 2219. Definitions. SUBCHAPTER II - HARBOR DEVELOPMENT 2231. Studies of projects by non-Federal interests. (a) Submission to Secretary. (b) Review by Secretary. (c) Submission to Congress. (d) Credit and reimbursement. 2232. Construction of projects by non-Federal interests. (a) Authority. (b) Studies and engineering. (c) Completion of studies. (d) Authority to carry out improvement. (e) Reimbursement. (e) Operation and maintenance. (f) Demonstration of non-Federal interests acting as agent of Secretary. 2233. Coordination and scheduling of Federal, State, and local actions. (a) Notice of intent. (b) Procedural requirements. (c) Scheduling agreement. (d) Contents of agreement. (e) Preliminary decision. (f) Revision of agreement. (g) Progress reports. (h) Final decision. (i) Report on timesavings methods. 2234. Nonapplicability to Saint Lawrence Seaway. 2235. Construction in usable increments. 2236. Port or harbor dues. (a) Consent of Congress. (b) Audits. (c) Jurisdiction. (d) Collection of duties. (e) Enforcement. (f) Maritime lien. 2237. Information for national security. 2238. Authorization of appropriations. (a) Trust fund. (b) General fund. 2239. Repealed. 2240. Emergency response services. (a) Grants. (b) Authorization of appropriations. 2241. Definitions. SUBCHAPTER III - INLAND WATERWAY TRANSPORTATION SYSTEM 2251. Inland Waterways Users Board. (a) Establishment of Users Board. (b) Duties. (c) Administration. SUBCHAPTER IV - WATER RESOURCES STUDIES 2261. Territories development study. 2262. Survey of potential for use of certain facilities as hydroelectric facilities. (a) Survey authority. (b) Authorization of appropriations. 2263. Study of Corps capability to conserve fish and wildlife. 2264. Deauthorization of studies. 2265. Columbia River/Arkansas River Basin transfers. 2266. Canadian tidal power study. (a) Study authority. (b) Study phases. (c) Authorization of appropriations. 2267. New York Bight study. (a) Study authority. (b) Study of physical hydraulic model. (c) Agency coordination; findings and recommendations. (d) Authorization of appropriations. SUBCHAPTER V - GENERAL PROVISIONS 2280. Maximum cost of projects. 2281. Matters to be addressed in planning. 2282. Feasibility reports. (a) Report authority; contents; views of other agencies. (b) Reconnaissance studies. (c) Benefits to Indian tribes. (d) Use of standard and uniform procedures and practices. 2283. Fish and wildlife mitigation. (a) Steps to be taken prior to or concurrently with construction. (b) Acquisition of lands or interests in lands for mitigation. (c) Allocation of mitigation costs. (d) Mitigation plans as part of project proposals. (e) First enhancement costs as Federal costs. (f) National benefits from enhancement measures for Atchafalaya Floodway System and Mississippi Delta Region projects. (g) Fish and Wildlife Coordination Act supplementation. 2284. Benefits and costs attributable to environmental measures. 2285. Environmental Protection and Mitigation Fund. 2286. Acceptance of certain funds for mitigation. 2287. Continued planning and investigations. (a) Pre-authorization planning and engineering. (b) Annual report. (c) Authorizations as additions to other authorizations. 2288. Review of cost effectiveness of design. 2289. Urban and rural flood control frequency. 2290. Flood control in Trust Territory of the Pacific Islands. 2291. Federal Project Repayment District. 2292. Surveying and mapping. 2293. Reprogramming during national emergencies. (a) Termination or deferment of civil works projects; application of resources to national defense projects. (b) Termination of state of war or national emergency. 2294. Office of Environmental Policy. 2295. Compilation of laws; annual reports. (a) Federal laws relating to improvements of rivers and harbors, flood control, beach erosion, and other water resources development. (b) Annual report. (c) Biennial reports for each State. 2296. Acquisition of recreation lands. 2297. Operation and maintenance on recreation lands. 2298. Impact of proposed projects on existing recreation facilities. 2299. Acquisition of beach fill. 2300. Study of Corps capabilities. 2301. Reports on hydropower statistics. 2302. Reports on small business contracts. 2303. Historical properties. 2304. Separability. 2305. Use of FMHA funds. 2306. Reports. 2307. Control of ice. (a) Program authority. (b) Assistance to units of local government. (c) Authorization of appropriations. (d) Hardwick, Vermont, demonstration program. (e) Salmon, Idaho, experimental program. (f) Wilmington, Illinois, project. (g) Cost sharing. (h) Report to Congress. 2308. Campgrounds for senior citizens. (a) Establishment and development. (b) Control of campground use and access. (c) Authorization of appropriations. (d) Campground at Sam Rayburn Dam and Reservoir, Texas. (e) Control of use and access to campground at Sam Rayburn Dam and Reservoir, Texas. (f) Authorization of appropriations. (g) Boundaries of campground at Sam Rayburn Dam and Reservoir, Texas. 2309. Great Lakes Commodities Marketing Board. (a) Congressional declaration of purpose. (b) Establishment; strategy development; composition of Board; Director; report; termination. (c) International advisory group. (d) Review of environmental, economic, and social impacts of navigation in United States portion of Great Lakes. 2309a. Project modifications for improvement of environment. (a) Determination of need. (b) Authority to make modifications. (c) Coordination of actions. (d) Biennial report. (e) Authorization of appropriations. 2310. Cost sharing for Territories. 2311. Report to Congress covering proposals for water impoundment facilities. 2312. Comments on certain changes in operations of reservoirs. 2313. Collaborative research and development. (a) In general. (b) Administrative provisions. (c) Applicability of other laws. (d) Authorization of appropriations. (e) Additional funding. 2314. Innovative technology. (a) Use. (b) Reports. (c) 'Innovative technology' defined. 2314a. Technical assistance program. (a) In general. (b) Federal employees' inventions. (c) Protection of confidential information. (d) Definitions. 2315. Periodic statements. 2316. Environmental protection mission. (a) General rule. (b) Limitation. 2317. Wetlands. (a) Goals and action plan. (b) Constructed wetlands for Mud Creek, Arkansas. (c) Non-Federal responsibilities. (d) Wetlands restoration and enhancement demonstration program. (e) Training and certification of delineators. 2318. Flood plain management. (a) Benefit-cost analysis. (b) Counties substantially located within 100-year flood plain. (c) Cost sharing. (d) Regulations. (e) Applicability. 2319. Reservoir management. (a) Technical advisory committee. (b) Public participation. 2320. Protection of recreational and commercial uses. (a) General rule. (b) Maintenance. (c) Mitigation. (d) Applicability. (e) Cost sharing. 2321. Operation and maintenance of hydroelectric facilities. 2322. Single entities. 2323. Technical assistance to private entities. (a) Use of Corps research and development labs. (b) Contract. 2324. Reduced pricing for certain water supply storage. (a) Provision of storage space. (b) Maximum amount of storage space. (c) Price. (d) Determinations. (e) Inflation adjustment of dollar amount. (f) Non-Federal responsibilities. (g) 'Low income community' defined. ------DocID 41103 Document 32 of 1444------ -CITE- 35 USC CHAPTER 36 -EXPCITE- TITLE 35 PART IV CHAPTER 36 -HEAD- CHAPTER 36 - INTERNATIONAL STAGE -MISC1- Sec. 361. Receiving Office. 362. International Searching Authority and International Preliminary Examining Authority. 363. International application designating the United States: Effect. 364. International stage: Procedure. 365. Right of priority; benefit of the filing date of a prior application. 366. Withdrawn international application. 367. Actions of other authorities: Review. 368. Secrecy of certain inventions; filing international applications in foreign countries. AMENDMENTS 1986 - Pub. L. 99-616, Sec. 3, Nov. 6, 1986, 100 Stat. 3485, amended item 362 generally. ------DocID 6971 Document 33 of 1444------ -CITE- 2 USC Sec. 36 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 36. Salaries of Senators -STATUTE- Salaries of Senators appointed to fill vacancies in the Senate shall commence on the day of their appointment and continue until their successors are elected and qualified: Provided, That when Senators have been elected during a sine die adjournment of the Senate to succeed appointees, the salaries of Senators so elected shall commence on the day following their election. Salaries of Senators elected during a session to succeed appointees shall commence on the day they qualify: Provided, That when Senators have been elected during a session to succeed appointees, but have not qualified, the salaries of Senators so elected shall commence on the day following the sine die adjournment of the Senate. When no appointments have been made the salaries of Senators elected to fill such vacancies shall commence on the day following their election. -SOURCE- (Feb. 10, 1923, ch. 68, 42 Stat. 1225; Feb. 6, 1931, ch. 111, 46 Stat. 1065; June 19, 1934, ch. 648, title I, Sec. 1, 48 Stat. 1022; Feb. 13, 1935, ch. 6, Sec. 1, 49 Stat. 22, 23.) -MISC1- AMENDMENTS 1935 - Act Feb. 13, 1935, inserted proviso as to commencement of salaries of Senators elected during a sine die adjournment on day following their election and provision as to commencement of salaries of Senators elected during a session to succeed appointees on day they qualify but that upon failure to qualify their salaries are to commence on day following sine die adjournment of Senate and struck out provision that salaries of Senators elected to fill vacancies are to commence on day they qualify 1934 - Act June 19, 1934, made nonsubstantive changes in grammar and punctuation. 1931 - Act Feb. 6, 1931, made nonsubstantive changes in grammar and punctuation and struck out 'to fill such vacancies' after 'When no appointments have been made'. PRIOR PROVISIONS July 31, 1894, ch. 174, 28 Stat. 162. R.S. Sec. 51. CONSTITUTIONAL PROVISIONS The first section of amendment XX to the Constitution provides in part: ' * * * the terms of Senators and Representatives (shall end) at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.' -CROSS- CROSS REFERENCES Claims for overpayment or pay or allowances to Senators, see section 130c of this title. ------DocID 41121 Document 34 of 1444------ -CITE- 36 USC CHAPTER 1 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- CHAPTER 1 - AMERICAN NATIONAL RED CROSS -MISC1- Sec. 1. Corporation created. 1a. Continuation of corporation. 2. Name and powers of corporation. 3. Purposes of corporation. 4. Repealed. 4a. Membership; status of chapters; rules and regulations governing chapters; election of officers. 5. Board of Governors; number; election; tenure; filling vacancies; annual meetings; voting by proxy. 6. Annual report; audit of financial transactions. 7. Reimbursement of Department of Defense for auditing expenses. 8. Reservation of right to amend or repeal certain sections. 9. Endowment fund. 10 to 12. Repealed. 13. Permanent building at headquarters in Washington, D.C. 14. Omitted. 15. Memorial building to Women of World War I; expenditures; supervision. 16. Exchange of Government-owned cotton for articles containing wool. 17 to 17b. Repealed. -CROSS- CROSS REFERENCES Operation of American Red Cross vessels under Neutrality Act of 1939, see section 444 of Title 22, Foreign Relations and Intercourse. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 42 section 5143. ------DocID 41122 Document 35 of 1444------ -CITE- 36 USC Sec. 1 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 1. Corporation created -STATUTE- Clara Barton, Hilary A. Herbert, Thomas F. Walsh, Charles C. Glover, Charles J. Bell, Mabel T. Boardman, George Dewey, William R. Day, Nelson A. Miles, James Tanner, William K. Van Reypen, John M. Wilson, Simon Wolf, James R. Garfield, Gifford Pinchot, S. W. Woodward, Mary A. Logan, Walter Wyman, of Washington, District of Columbia; George H. Shields, of Missouri; William H. Taft, F. B. Loomis, Samuel Mather, of Ohio; Spencer Trask, Robert C. Ogden, Cleveland H. Dodge, George C. Boldt, William T. Wardwell, John G. Carlisle, George B. McClellan, Elizabeth Mills Reid, Margaret Carnegie, of New York; John H. Converse, Alexander Mackay-Smith, J. Wilkes O'Neill, H. Kirke Porter, of Pennsylvania; Richard Olney, W. Murray Crane, Henry L. Higginson, William Draper, Frederick H. Gillett, of Massachusetts; Marshall Field, Robert T. Lincoln, Lambert Tree, of Illinois; A. G. Kaufman, of South Carolina; Alexander W. Terrell, of Texas; George Gray, of Delaware; Redfield Proctor, of Vermont; John W. Foster, Noble C. Butler, Robert W. Miers, of Indiana; John Sharp Williams, of Mississippi; William Alden Smith, of Michigan; Horace Davis, W. W. Morrow, of California; Daniel C. Gilman, Eugene Lovering, of Maryland; J. Taylor Ellyson, of Virginia; Daniel R. Noyes, of Minnesota; Emanuel Fiske, Marshall Fiske, of Connecticut, together with five other persons to be named by the President of the United States, one to be chosen from each of the Departments of State, War, Navy, Treasury, and Justice, their associates and successors, are created a body corporate and politic in the District of Columbia. -SOURCE- (Jan. 5, 1905, ch. 23, Sec. 1, 33 Stat. 599; July 26, 1947, ch. 343, title II