I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 03:32:09. Database: USCODE Search: (37:CITE) ------DocID 42518 Document 1 of 210------ -CITE- 37 USC TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED -EXPCITE- TITLE 37 -HEAD- TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 87-649, SEC. 1, SEPT. 7, 1962, 76 STAT. 451 Chap. Sec. 1. Definitions 101 3. Basic Pay 201 5. Special and Incentive Pays 301 7. Allowances 401 9. Leave 501 10. Payments to Missing Persons 551 11. Payments to Mentally Incompetent Persons 601 13. Allotments and Assignments of Pay 701 15. Prohibitions and Penalties 801 17. Miscellaneous Rights and Benefits 901 19. Administration 1001 AMENDMENTS 1966 - Pub. L. 89-554, Sec. 5(a), Sept. 6, 1966, 80 Stat. 625, inserted item for chapter 10. Table Showing Disposition of All Sections of Former Title 37 --------------------------------------------------------------------- Title 37 Former Sections Title 37 New Sections --------------------------------------------------------------------- 1-3 Rep. 3a Elim. 4-4b Rep. 4c T. 10 Sec. 3682, 8682 4c-1 T. 10 Sec. 6116 5-8a Rep. 9, 9a Rep. 10, 10a Rep. 11-13a Rep. 14, 14a Rep. 15-16a Rep. 17, 17a Rep. 18, 18a Rep. 19, 19a Rep. 20, 20a Rep. 21, 21a Rep. 22-26a Rep. 27-29b Rep. 30, 31 Rep. 31a (less proviso of (b)) T. 10 Sec. 701-704 31a(b) (proviso) 501 32(b), (d), (e), (g), (h) 501 32(c) Rep. 32(f) 101, 502; T. 10 Sec. 702-704 32 (less (b)-(e), (g), (h)) 101 33(a) Rep. 33(b) 502, 503 33(c), (d) 501 33(e) T. 10 Sec. 704 33a-37 Rep. 38 504; T. 10 Sec. 702 39 501-503. Rep. in part. See T. 33 Sec. 857a 101-101b Rep. 102-103b Rep. 104-111 Rep. 111a 403 111b Elim. 112 Rep. 112a Elim. 112b Rep. 112c T. 10 Sec. 7477 112d-112i Rep. 113, 114 Rep. 115 Elim. 115a to 117a-1 Rep. 117b, 118 Rep. 118a Elim. 118a-1 301 118b-120 Rep. 201-208a Rep. 209-221 Rep. 231(g) 401, 420 231 (less (g)) 101 232(a) 203 232(c) (last sent.) T. 10 Sec. 517 232(d) 204 232 (less (a), last sent. of (c), 201 (d)) 233 (less proviso of (d)) 205 233(d) (proviso) Elim. 234 302, 303 234a Rep. 234b Elim. 235 301 235a 901 236 304 237 305 238 Elim. 239 308 240 307 241 306 242 Rep. 243 902 244 Rep. 251, 251a 402 252(a)-(f) 403 252 (less (a)-(f)) Rep. See T. 50 App. Sec. 2201-2204 253(a) 404 253(b) 405 253(c) 406, 407, 409, 411 253(d) 404 253(e) 410 253(f)-(h) 411 253a Rep. 254 414 255 415-417 256 415 256a 419 257 414 271 T. 10 Sec. 1204, 1362; T. 33 Sec. 857a; T. 42 Sec. 213a 272(a), (b) T. 10 Sec. 1201-1203; T. 33 Sec. 857a; T. 42 Sec. 213a 272(c) T. 10 Sec. 1204-1206; T. 33 Sec. 857a; T. 42 Sec. 213a 272(d) T. 10 Sec. 1210, 1372, 1373, 1401, 1402; T. 33 Sec. 857a; T. 42 Sec. 213a 272(e) T. 10 Sec. 1210, 1401; T. 33 Sec. 857a; T. 42 Sec. 213a 272(f) T. 10 Sec. 1201, 1204, 1210; T. 33 Sec. 857a; T. 42 Sec. 213a 272(g) T. 10 Sec. 1209; T. 33 Sec. 857a; T. 42 Sec. 213a 272(h) T. 10 Sec. 1403; T. 33 Sec. 857a; T. 42 Sec. 213a 272(i) T. 10 Sec. 1215; T. 33 Sec. 857a; T. 42 Sec. 213a 273 T. 10 Sec. 1212; T. 33 Sec. 857a; T. 42 Sec. 213a 274 T. 10 Sec. 1210; T. 33 Sec. 857a; T. 42 Sec. 213a 275-277 T. 10 Sec. 1211; T. 33 Sec. 857a; T. 42 Sec. 213a 278 T. 10 Sec. 1207; T. 33 Sec. 857a; T. 42 Sec. 213a 279 T. 10 Sec. 1372, 1373; T. 33 Sec. 857a; T. 42 Sec. 213a 280 T. 10 Sec. 1213; T. 33 Sec. 857a; T. 42 Sec. 213a 281 Rep. 282 T. 10 Sec. 1208. Rep. in part. See T. 10 Sec. 1208 nt.; T. 42 Sec. 212(g) 283 T. 10 Sec. 1214, 1216; T. 33 Sec. 857a; T. 42 Sec. 213a 284 T. 10 Sec. 1216; T. 33 Sec. 857a; T. 42 Sec. 213a 285 Rep. 301(a) 206, 402 301(b) 206, 1002 301(c) 309 301(d) 301 301(e) 206, 301, 309, 402, 1002 301(f) Rep. 302 T. 33 Sec. 853o-1 303 423 304 201, 421 305 418 306 T. 10 Sec. 6153; T. 14 Sec. 510 307 Elim. 308 201, 422 308a 204 309 1003 310 1004 310a Rep. 310b 1005 310c, 310c-1 1006 310d 1006 311 Elim. See T. 10 Sec. 568 nt. 312 Rep. 313 Elim. 314 903 315 Rep. 316 T. 10 Sec. 1402; T. 33 Sec. 857a; T. 42 Sec. 213a 317 Elim. 318, 319 Rep. 320 403 321 Rep. 321a Elim. 322, 322a Rep. 323 801 324 1001 351 601 352 602 353 602, 603 354 604 361-363 T. 10 Sec. 2771; T. 32 Sec. 714; T. 33 Sec. 857a; T. 42 Sec. 213a 364, 365 T. 10 Sec. 2771; T. 32 Sec. 714; T. 33 Sec. 857a; T. 42 Sec. 213a. Rep. in part. See T. 10 Sec. 2771 nt. 371(e), (f) T. 10 Sec. 1435; T. 33 Sec. 857a; T. 42 Sec. 213a 371 (less (e), (f)) T. 10 Sec. 1431; T. 33 Sec. 857a; T. 42 Sec. 213a 372(a) T. 10 Sec. 1431, 1432; T. 33 Sec. 857a; T. 42 Sec. 213a 372(b) T. 10 Sec. 1431; T. 33 Sec. 857a; T. 42 Sec. 213a 372 (less (a), (b)) T. 10 Sec. 1433; T. 33 Sec. 857a; T. 42 Sec. 213a 372a-372c Rep. 373(c) T. 10 Sec. 1436; T. 33 Sec. 857a; T. 42 Sec. 213a 373(d) T. 10 Sec. 1439; T. 33 Sec. 857a; T. 42 Sec. 213a 373 (less (c), (d)) T. 10 Sec. 1434; T. 33 Sec. 857a; T. 42 Sec. 213a 374 T. 10 Sec. 1438; T. 33 Sec. 857a; T. 42 Sec. 213a 375 T. 10 Sec. 1444; T. 33 Sec. 857a; T. 42 Sec. 213a 376 T. 10 Sec. 1442; T. 33 Sec. 857a; T. 42 Sec. 213a 377 T. 10 Sec. 1443, 1444; T. 33 Sec. 857a; T. 42 Sec. 213a 378 T. 10 Sec. 1440; T. 33 Sec. 857a; T. 42 Sec. 213a 379 T. 10 Sec. 1437; T. 33 Sec. 857a; T. 42 Sec. 213a 380 T. 10 Sec. 1441; T. 33 Sec. 857a; T. 42 Sec. 213a 381 Rep. 401 T. 10 Sec. 1071 402(a) T. 10 Sec. 1072, 1074, 1076, 1079 402(less(a)) T. 10 Sec. 1073 403(a), (b) T. 10 Sec. 1076 403(c)-(e) T. 10 Sec. 1078 403(less (a)-(e)) T. 10 Sec. 1077 404 T. 10 Sec. 1084 405 Rep. 411(c) T. 10 Sec. 1080 411 (less (c)) T. 10 Sec. 1079 412 T. 10 Sec. 1081 413 T. 10 Sec. 1082 414 T. 10 Sec. 1079 421(c) T. 10 Sec. 1076 421(d) T. 10 Sec. 1085 421 (less (c), (d)) T. 10 Sec. 1074 422 T. 10 Sec. 1075 423 T. 10 Sec. 1083 ------------------------------- ENACTING CLAUSE Pub. L. 87-649, Sec. 1, Sept. 7, 1962, 76 Stat. 451, provided in part: 'That the laws relating to pay and allowances of the uniformed services of the United States are revised, codified, and enacted as title 37 of the United States Code, entitled 'Pay and Allowances of the Uniformed Services'.' EFFECTIVE DATE Pub. L. 87-649, Sec. 15, Sept. 7, 1962, 76 Stat. 502, provided in part that: 'This Act shall take effect on November 1, 1962.' INCONSISTENT PROVISIONS Pub. L. 87-649, Sec. 15, Sept. 7, 1962, 76 Stat. 502, provided in part that: 'Laws enacted after January 9, 1962, that are inconsistent with this Act shall supersede it to the extent of the inconsistency.' SAVINGS AND SEVERABILITY PROVISIONS Pub. L. 87-649, Sec. 12, Sept. 7, 1962, 76 Stat. 497, provided that: '(a) In sections 1-11 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act (Nov. 1, 1962). However, laws effective after January 9, 1962, that are inconsistent with this Act, shall be considered as superseding it to the extent of the inconsistency. '(b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1-11 of this Act. '(c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of sections 1-11 of this Act. '(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. '(e) The enactment of this Act does not increase or decrease the pay or allowances, including retired or retainer pay, of any person.' RESTATEMENT OF SUSPENDED OR TEMPORARILY SUPERSEDED PROVISIONS Pub. L. 87-649, Sec. 13, Sept. 7, 1962, 76 Stat. 498, provided that: 'If on the effective date of this Act (Nov. 1, 1962), a provision of law that is restated in this Act and repealed by section 14 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status.' REPEALS Pub. L. 87-649, Sec. 14, Sept. 7, 1962, 76 Stat. 498, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large covering provisions codified in this title, 'except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act (Nov. 1, 1962) and except as provided in section 12.' -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 2 section 906; title 10 sections 687, 2005; title 42 section 204; title 50 section 403e. ------DocID 42519 Document 2 of 210------ -CITE- 37 USC TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED CHAPTER 1 -EXPCITE- TITLE 37 CHAPTER 1 -HEAD- CHAPTER 1 - DEFINITIONS -MISC1- Sec. 101. Definitions. AMENDMENTS 1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1484(f)(1), Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in all capital letters. ------DocID 12049 Document 3 of 210------ -CITE- 10 USC CHAPTER 37 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 37 -HEAD- CHAPTER 37 - GENERAL SERVICE REQUIREMENTS -MISC1- Sec. 651. Members: required service. 652. Ready Reserves: requirement of notification of change of status. 653. Minimum service requirement for certain flight crew positions. AMENDMENTS 1989 - Pub. L. 101-189, div. A, title VI, Sec. 634(a)(2), Nov. 29, 1989, 103 Stat. 1454, added item 653. 1978 - Pub. L. 95-485, title IV, Sec. 405(d)(2), Oct. 20, 1978, 92 Stat. 1616, added item 652. 1958 - Pub. L. 85-861, Sec. 33(a)(4)(A), Sept. 2, 1958, 72 Stat. 1564, substituted 'GENERAL SERVICE REQUIREMENTS' for 'SERVICE REQUIREMENTS FOR RESERVES' in chapter heading. ------DocID 14627 Document 4 of 210------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 37 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PRACTICE BEFORE THE COURT -HEAD- Rule 37. Copies -STATUTE- An original and four legible copies of all pleadings or other papers relative to a case will be filed. See Rule 24(d) concerning documents which contain classified information. ------DocID 15205 Document 5 of 210------ -CITE- 12 USC Sec. 37 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 37. Associations governed by chapter -STATUTE- The provisions of chapters 2, 3, and 4 of title 62 of the Revised Statutes, which are expressed without restrictive words, as applying to 'national banking associations,' or to 'associations,' apply to all associations organized to carry on the business of banking under any Act of Congress. -SOURCE- (R.S. Sec. 5157.) -REFTEXT- REFERENCES IN TEXT Chapters 2, 3, and 4 of title 62 of the Revised Statutes, referred to in text, was in the original 'chapters two, three, and four of this Title,' meaning chapters 2, 3, and 4 of title 62 of the Revised Statutes, consisting of R.S. Sec. 5157 to 5243, which are classified to sections 26 to 28, 37, 55, 56, 60, 62, 81 to 89, 91, 93, 93a, 94, 101a, 102, 104, 107 to 110, 123, 124, 131 to 138, 141 to 144, 151, 152, 161, 163, 164, 168 to 175, 181 to 186, 192 to 196, 481 to 485, 501, 541, 547, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. Sec. 5157 to 5243 to the Code, see Tables. -CROSS- CROSS REFERENCES Federal Home Loan Bank, see section 1421 et seq. of this title. Federal Reserve System, see section 221 et seq. of this title. ------DocID 16847 Document 6 of 210------ -CITE- 12 USC CHAPTER 37 -EXPCITE- TITLE 12 CHAPTER 37 -HEAD- CHAPTER 37 - SOLAR ENERGY AND ENERGY CONSERVATION BANK -MISC1- Sec. 3601. Congressional statement of purpose. 3602. Definitions. 3603. Establishment of Bank. (a) Creation in Department of Housing and Urban Development; powers; termination. (b) Auditing requirements. (c) Fees or charges for services; deposit into Treasury. 3604. Board of Directors of Bank. (a) Governing body; membership. (b) Quorum. (c) Chairperson. (d) President. (e) Implementation of functions. (f) Availability of information to Secretary of Treasury. 3605. Officers and personnel of Bank. (a) Establishment of position, etc., of President of Bank. (b) Appointment, etc., of Executive Vice President for Energy Conservation and Executive Vice President for Solar Energy. (c) Duties and functions of President and Executive Vice Presidents. (d) Utilization of services or personnel of Department of Housing and Urban Development, including personnel of Government National Mortgage Association. 3606. Advisory committees of Bank. (a) Establishment, membership, etc., of Energy Conservation Advisory Committee. (b) Establishment, membership, etc., of Solar Energy Advisory Committee. (c) Terms of office. (d) Status of members upon becoming officer or employee of government entity. (e) Compensation and travel expenses. (f) Quorum and hearing requirements. (g) Election of Chairpersons. (h) Termination. 3607. Provision of financial assistance. (a) Authorization; form. (b) Conditions and limitations. (c) Tax consequences. 3608. Establishment of levels of financial assistance; criteria. 3609. Maximum amounts of financial assistance for residential and commercial energy conserving improvements. (a) Determination of maximum amount for residential building improvements. (b) Determination of maximum amount for multifamily residential building improvements. (c) Determination of maximum amount for commercial or agricultural building improvements. (d) Limits on financial assistance. 3610. Maximum amounts of financial assistance for solar energy systems. (a) Determination of maximum amount for residential building systems. (b) Determination of maximum amount for multifamily residential building systems. (c) Determination of maximum amount for commercial or agricultural building systems. (d) Variances for active and passive type systems. 3611. General conditions on financial assistance for loans. 3612. Conditions on financial assistance for residential and commercial energy conserving improvements. (a) Loans. (b) Grants. 3613. Conditions on financial assistance for solar energy systems. (a) Loans. (b) Financial assistance; expenditures as subsidized energy financing for tax purposes. (c) Payments to utility. (d) Priority for residential buildings. 3614. Limitations on provision of financial assistance for residential and commercial energy conserving improvements. (a) Minimum fiscal year expenditures for residential and multifamily residential building improvements. (b) Minimum fiscal year expenditures for residential and multifamily residential building improvements in buildings owned or tenanted by lower-income individuals; availability of funds. (c) Failure during fiscal year to provide required amount of financial assistance not to delay provision of other financial assistance. 3615. Limitations on provision of financial assistance for solar energy systems. (a) Maximum fiscal year payments to utilities; increase in amounts; regional distribution of payments. (b) Minimum fiscal year expenditures for residential and multifamily residential building systems. (c) Minimum fiscal year expenditures for residential and multifamily residential building systems in buildings owned or tenanted by lower-income individuals; availability of funds. (d) Failure during fiscal year to provide required amount of financial assistance not to delay provision of other financial assistance. 3616. Program promotion by Bank. (a) Informational, participatory, nonduplicative, and cooperative activities involving financial institutions, Federal agencies, etc. (b) Advice and assistance of Federal Home Loan Mortgage Corporation and Federal National Mortgage Association in coordinating activities with secondary market for loans. (c) Coordination of activities with promotional and assistance programs undertaken by State, regional, and local governments. (d) Use by Secretary of electronic media, print media, and United States Postal Service. 3617. Reports. 3618. Rules and regulations. 3619. Penalties. 3620. Authorization of appropriations for residential and commercial energy conserving improvements and for solar energy systems. ------DocID 17779 Document 7 of 210------ -CITE- 15 USC Sec. 80a-37 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-37. Rules, regulations, and orders -STATUTE- (a) Powers of Commission The Commission shall have authority from time to time to make, issue, amend, and rescind such rules and regulations and such orders as are necessary or appropriate to the exercise of the powers conferred upon the Commission elsewhere in this subchapter, including rules and regulations defining accounting, technical, and trade terms used in this subchapter, and prescribing the form or forms in which information required in registration statements, applications, and reports to the Commission shall be set forth. For the purposes of its rules or regulations the Commission may classify persons, securities, and other matters within its jurisdiction and prescribe different requirements for different classes of persons, securities, or matters. (b) Filing of information and documents The Commission, by such rules and regulations or order as it deems necessary or appropriate in the public interest or for the protection of investors, may authorize the filing of any information or documents required to be filed with the Commission under this subchapter, subchapter II of this chapter, the Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.), or the Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), by incorporating by reference any information or documents theretofore or concurrently filed with the Commission under this subchapter or any of such Acts. (c) Good faith conformance with rules, regulations, and orders No provision of this subchapter imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or order of the Commission, notwithstanding that such rule, regulation, or order may, after such act or omission, by amended or rescinded or be determined by judicial or other authority to be invalid for any reason. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 38, 54 Stat. 841.) -REFTEXT- REFERENCES IN TEXT The Securities Act of 1933, referred to in subsec. (b), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is classified generally to subchapter I (Sec. 77a et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77a of this title and Tables. The Securities Exchange Act of 1934, referred to in subsec. (b), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified generally to 2B (Sec. 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables. The Public Utility Holding Company Act of 1935, referred to in subsec. (b), is act Aug. 26, 1935, ch. 687, title I, 49 Stat. 838, as amended, which is classified generally to chapter 2C (Sec. 79 et seq.) of this title. For complete classification of this Act to the Code, see section 79 of this title and Tables. The Trust Indenture Act of 1939, referred to in subsec. (b), is title III of act May 27, 1933, ch. 38, as added Aug. 3, 1939, ch. 411, 53 Stat. 1149, as amended, which is classified generally to subchapter III (Sec. 77aaa et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77aaa of this title and Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Rules and regulations under - Investment Advisers Act of 1940, see section 80b-11 of this title. Public Utility Holding Company Act of 1935, see section 79t of this title. Securities Act of 1933, see section 77s of this title. Securities Exchange Act of 1934, see sections 78c and 78w of this title. Trust Indenture Act of 1939, see section 77sss of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18517 Document 8 of 210------ -CITE- 15 USC CHAPTER 37 -EXPCITE- TITLE 15 CHAPTER 37 -HEAD- CHAPTER 37 - STATE TECHNICAL SERVICES -MISC1- Sec. 1351. Declaration of purpose. 1352. Definitions. 1353. Selection of designated agency. 1354. Five-year plan; annual technical services program. 1355. Conditions precedent to acceptance of plans and programs for review and approval by Secretary. 1356. Review and approval of plans and programs by Secretary. 1357. Interstate cooperation in administration and coordination of plans and programs. 1358. Consent of Congress for interstate compacts; reservation of right to alter, amend, or repeal. 1359. Advisory councils for technical services; appointment; functions; compensation and expenses. 1360. Appropriations and payments. (a) Authorization of appropriations. (b) Authorization of annual payments; maximum amounts. (c) Payments for programs of special merit or additional programs. (d) Expenses of administration. (e) Limitations on payments. 1361. Reference services to assist designated agencies to obtain information outside State. 1362. Rules and regulations. 1363. Prohibition against control over educational institutions; functions or responsibilities of other departments not affected. (a) Control of educational institutions. (b) Functions of other agencies. 1364. Annual report by designated agencies to Secretary; reports by Secretary to President and Congress. (a) Agency reports. (b) Reports of Secretary of Commerce. 1365. Public committee; appointment; functions; report. 1366. Termination of payments for noncompliance with law or diversion of funds. 1367. Repayments. 1368. Records. (a) Grant recipients. (b) Access to records of recipients. ------DocID 19663 Document 9 of 210------ -CITE- 16 USC Sec. 37 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 37. Provision of feed and range facilities for game animals -STATUTE- As a means of providing within township 8 south, ranges 7 and 8 east, and township 9 south, ranges 7, 8, and 9 east, Montana principal meridian, the winter range and winter feed facilities indispensable for the adequate and proper protection, preservation, and propagation of the elk, antelope, and other game animals of the Yellowstone National Park and adjacent lands, the Secretary of the Interior, in his discretion, and subject to the limitation hereinafter prescribed may, and is, authorized to perform the following acts: (a) Accept and deposit in a special fund in the Treasury, and expend for the acquisition of lands as herein authorized, private funds donated for such purpose. (b) Acquire by purchase, or by acceptance of donations or bequests, such lands in private or State ownership within the townships above described as he may deem necessary to carry out the purpose of sections 37 to 40 of this title. -SOURCE- (May 26, 1926, ch. 399, Sec. 1, 44 Stat. 655.) -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. Trust funds, donations for National Park Service deposited into Treasury as, see section 1321 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 38, 39, 40 of this title. ------DocID 20440 Document 10 of 210------ -CITE- 16 USC Sec. 410cc-37 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part C -HEAD- Sec. 410cc-37. Use of funds; maintenance of financial records; audits -STATUTE- (a) Any revenues or other assets acquired by the Commission by donation, the lease or sale of property or fees for services shall be available to the Commission, without fiscal year limitation, to be used for any function of the Commission authorized under this subchapter. The Commission shall keep financial records fully disclosing the amount and source of revenues and other assets acquired by the Commission, and shall keep such other financial records as the Secretary may prescribe. (b) The Secretary shall require audits of the financial records of the Commission to be conducted not less frequently than once each year in order to ensure that revenues and other assets of the Commission are being used in a manner authorized under this subchapter. -SOURCE- (Pub. L. 95-290, title III, Sec. 307, as added Pub. L. 96-344, Sec. 10, Sept. 8, 1980, 94 Stat. 1136.) ------DocID 23085 Document 11 of 210------ -CITE- 16 USC CHAPTER 37 -EXPCITE- TITLE 16 CHAPTER 37 -HEAD- CHAPTER 37 - YOUTH CONSERVATION CORPS -MISC1- Sec. 1701. Congressional declaration of policy and purpose. 1702. Establishment. (a) Age of participants. (b) Equal employment opportunity and employment; term. 1703. Duties and functions of Secretary of the Interior and Secretary of Agriculture. (a) Programs and projects; conditions of employment; regulations; use of facilities by educational institutions. (b) Use of unoccupied Federal facilities and equipment. (c) Contracts for the operation of projects. 1704. Grants to States. (a) Projects for preservation of non-Federal public lands and waters; 'States' defined. (b) Application requirements for grants; approval by Secretaries. (c) Limitation on the amount of grant. (d) Appropriation percentage. 1705. Reports to President and Congress. 1706. Authorization of appropriations. ------DocID 24057 Document 12 of 210------ -CITE- 18 USC CHAPTER 37 -EXPCITE- TITLE 18 PART I CHAPTER 37 -HEAD- CHAPTER 37 - ESPIONAGE AND CENSORSHIP -MISC1- Sec. (791. Repealed.) 792. Harboring or concealing persons. 793. Gathering, transmitting or losing defense information. 794. Gathering or delivering defense information to aid foreign government. 795. Photographing and sketching defense installations. 796. Use of aircraft for photographing defense installations. 797. Publication and sale of photographs of defense installations. 798. Disclosure of classified information. 798A. Temporary extension of section 794. 799. Violation of regulations of National Aeronautics and Space Administration. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3519(b), Nov. 29, 1990, 104 Stat. 4923, redesignated item 798, 'Temporary extension of section 794', as 798A. 1961 - Pub. L. 87-369, Sec. 2, Oct. 4, 1961, 75 Stat. 795, struck out item 791 'Scope of chapter'. 1958 - Pub. L. 85-568, title III, Sec. 304(c)(2), July 29, 1958, 72 Stat. 434, added item 799. 1953 - Act June 30, 1953, ch. 175, Sec. 3, 67 Stat. 133, added second item 798. 1951 - Act Oct. 31, 1951, ch. 655, Sec. 23, 65 Stat. 719, added item 798. -CROSS- CROSS REFERENCES Wire or oral communications, authorization for interception, to provide evidence of offenses under this chapter, see section 2516 of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2516 of this title; title 5 section 8312; title 8 section 1251; title 42 section 402; title 50 section 1702; title 50 App. section 5. ------DocID 25126 Document 13 of 210------ -CITE- 18 USC Rule 37 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS (VIII -HEAD- (Rule 37. Taking Appeal; and Petition for Writ of Certiorari) (Abrogated Dec. 4, 1967, eff. July 1, 1968) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES These are the criminal rules (Rules 37, 38(b), (c), 39) relating to appeals, the provisions of which are transferred to and covered by the Federal Rules of Appellate Procedure and (in the case of Rule 37(b) and (c)) by the Rules of the Supreme Court. ------DocID 25173 Document 14 of 210------ -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 26718 Document 15 of 210------ -CITE- 20 USC Sec. 1070d-37 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-37. Selection of scholars -STATUTE- (a) Establishment of criteria The State educational agency is authorized to establish the criteria for the selection of scholars under this subpart. (b) Adoption of procedures The State educational agency shall adopt selection procedures which are designed to assure that 10 individuals will be selected from among residents of each congressional district in a State (and in the case of the District of Columbia and the Commonwealth of Puerto Rico not to exceed 10 individuals will be selected in such District or Commonwealth). (c) Consultation requirement In carrying out its responsibilities under subsections (a) and (b) of this section, the State educational agency shall consult with school administrators, school boards, teachers, counselors, and parents. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419G, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1345.) -MISC1- PRIOR PROVISIONS A prior section 1070d-37, Pub. L. 89-329, title IV, Sec. 419G, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2901, related to selection of merit scholars under Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99-498. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1070d-34 of this title. ------DocID 27222 Document 16 of 210------ -CITE- 20 USC CHAPTER 37 -EXPCITE- TITLE 20 CHAPTER 37 -HEAD- CHAPTER 37 - ASSIGNMENT OR TRANSPORTATION OF STUDENTS -MISC1- Sec. 1651. Prohibition against assignment or transportation of students to overcome racial imbalance. 1652. Prohibition against busing. (a) Use of appropriated funds for busing. (b) Rules, regulations, orders, etc., for busing. (c) 'Applicable program' defined. 1653. Omitted. 1654. Intervention authorization in implementation of court orders. 1655. Uniform rules of evidence of racial discrimination. 1656. Prohibition against official or court orders to achieve racial balance or insure compliance with constitutional standards applicable to entire United States. ------DocID 29033 Document 17 of 210------ -CITE- 22 USC Sec. 277d-37 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-37. Channel shifts; boundary determination -STATUTE- When a determination must be made under the treaty whether to permit a new channel to become the boundary, or whether or not to restore a river to its former channel, or whether, instead of restoration, the Governments should undertake a rectification of the river channel, the Commissioner's decision, approved by the Secretary of State shall be final so far as the United States is concerned, and the Commissioner is authorized to construct or arrange for the construction of such works as may be required to give effect to that decision. -SOURCE- (Pub. L. 92-549, title I, Sec. 104, Oct. 25, 1972, 86 Stat. 1162.) ------DocID 30473 Document 18 of 210------ -CITE- 22 USC CHAPTER 37 -EXPCITE- TITLE 22 CHAPTER 37 -HEAD- CHAPTER 37 - FOREIGN GIFTS AND DECORATIONS -MISC1- Sec. 2621. Definitions. 2622 to 2624. Repealed. 2625. Gifts or decorations on deposit with State Department. 2626. Repealed. ------DocID 31514 Document 19 of 210------ -CITE- 24 USC Sec. 37 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 37. Manufacture of products by patients at naval hospitals; ownership of products -STATUTE- The Secretary of the Navy is authorized to furnish materials for the manufacture or production by patients of products incident to the convalescence and rehabilitation of such patients in naval hospitals and other naval medical facilities, and ownership thereof shall be vested in the patients manufacturing or producing such products, except that the ownership of items manufactured or produced specifically for the use of a naval hospital or other naval medical facility shall be vested in the Government and such items shall be accounted for and disposed of accordingly. -SOURCE- (Aug. 2, 1946, ch. 756, Sec. 27, 60 Stat. 856.) -TRANS- DELEGATION OF POWERS AND AUTHORITY Section 39 of act Aug. 2, 1946, authorized Secretary of the Navy to delegate to such persons in Naval Establishment and to such extent as he may deem proper, with or without authority to make successive redelegations, authority conferred upon Secretary by this section, except authority to prescribe regulations. Such section 39 was repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641, less its applicability to this section and section 21a of this title. ------DocID 31708 Document 20 of 210------ -CITE- 25 USC Sec. 37 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 37. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 633, 641 -MISC1- Section, acts Mar. 3, 1875, ch. 132, Sec. 10, 18 Stat. 450; Mar. 3, 1909, ch. 263, 35 Stat. 784, related to keeping of books by Indian agents and penalties for the falsification thereof. ------DocID 34830 Document 21 of 210------ -CITE- 26 USC (CHAPTER 37 -EXPCITE- TITLE 26 Subtitle D (CHAPTER 37 -HEAD- (CHAPTER 37 - REPEALED) ------DocID 35925 Document 22 of 210------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 37 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 37. Reply -STATUTE- (a) Time to Reply or Move: The petitioner shall have 45 days from the date of service of the answer within which to file a reply, or 30 days from that date within which to move with respect to the answer. With respect to an amended answer or amendments to the answer the petitioner shall have like periods from the date of service of those papers within which to reply or move in response thereto, except as the Court may otherwise direct. (b) Form and Content: In response to each material allegation in the answer and the facts in support thereof on which the Commissioner has the burden of proof, the reply shall contain a specific admission or denial; however, if the petitioner shall be without knowledge or information sufficient to form a belief as to the truth of an allegation, then the petitioner shall so state, and such statement shall have the effect of a denial. In addition, the reply shall contain a clear and concise statement of every ground, together with the facts in support thereof, on which the petitioner relies affirmatively or in avoidance of any matter in the answer on which the Commissioner has the burden of proof. In other respects the requirements of pleading applicable to the answer provided in Rule 36(b) shall apply to the reply. The paragraphs of the reply shall be designated to correspond to those of the answer to which they relate. (c) Effect of Reply or Failure Thereof: Where a reply is filed, every affirmative allegation set out in the answer and not expressly admitted or denied in the reply shall be deemed to be admitted. Where a reply is not filed, the affirmative allegations in the answer will be deemed denied unless the Commissioner, within 45 days after expiration of the time for filing the reply, files a motion that specified allegations in the answer be deemed admitted. That motion will be served on the petitioner and may be granted unless the required reply is filed within the time directed by the Court. (d) New Material: Any new material contained in the reply shall be deemed to be denied. (e) Declaratory Judgment, Disclosure, and Administrative Costs Actions: For the requirements applicable to the reply in declaratory judgment actions and in disclosure actions, see Rules 213(b) and 223(b), respectively. See Rule 272(b) with respect to replies in actions for administrative costs. ------DocID 36384 Document 23 of 210------ -CITE- 28 USC CHAPTER 37 -EXPCITE- TITLE 28 PART II CHAPTER 37 -HEAD- CHAPTER 37 - UNITED STATES MARSHALS SERVICE -MISC1- Sec. 561. United States Marshals Service. 562. Vacancies. 563. Oath of office. 564. Powers as sheriff. 565. Expenses of the Service. 566. Powers and duties. 567. Collection of fees; accounting. 568. Practice of law prohibited. 569. Reemployment rights. AMENDMENTS 1988 - Pub. L. 100-690, title VII, Sec. 7608(a)(3), Nov. 18, 1988, 102 Stat. 4514, substituted in chapter heading 'Marshals Service' for 'Marshals' and amended chapter analysis generally, substituting items 561 to 569 for former items 561 to 576. 1984 - Pub. L. 98-473, title II, Sec. 1211(c), Oct. 12, 1984, 98 Stat. 2163, added item 576. 1982 - Pub. L. 97-258, Sec. 2(g)(3)(A), Sept. 13, 1982, 96 Stat. 1060, added item 572a. 1972 - Pub. L. 92-310, title II, Sec. 206(a)(2), June 6, 1972, 86 Stat. 203, struck out item 564 'Bond'. 1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 619, added chapter 37 and items 561 to 575. -CROSS- CROSS REFERENCES Supreme Court marshal, see section 672 of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 48 sections 1424b, 1614, 1694. ------DocID 37019 Document 24 of 210------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 37 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 37. Interest on judgments -STATUTE- Unless otherwise provided by law, if a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable from the date the judgment was entered in the district court. If a judgment is modified or reversed with a direction that a judgment for money be entered in the district court, the mandate shall contain instructions with respect to allowance of interest. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES The first sentence makes it clear that if a money judgment is affirmed in the court of appeals, the interest which attaches to money judgments by force of law (see 28 U.S.C. Sec. 1961 and Sec. 2411) upon their initial entry is payable as if no appeal had been taken, whether or not the mandate makes mention of interest. There has been some confusion on this point. See Blair v. Durham, 139 F.2d 260 (6th Cir., 1943) and cases cited therein. In reversing or modifying the judgment of the district court, the court of appeals may direct the entry of a money judgment, as, for example, when the court of appeals reverses a judgment notwithstanding the verdict and directs entry of judgment on the verdict. In such a case the question may arise as to whether interest is to run from the date of entry of the judgment directed by the court of appeals or from the date on which the judgment would have been entered in the district court except for the erroneous ruling corrected on appeal. In Briggs v. Pennsylvania R. Co., 334 U.S. 304, 68 S.Ct. 1039, 92 L.Ed. 1403 (1948), the Court held that where the mandate of the court of appeals directed entry of judgment upon a verdict but made no mention of interest from the date of the verdict to the date of the entry of the judgment directed by the mandate, the district court was powerless to add such interest. The second sentence of the proposed rule is a reminder to the court, the clerk and counsel of the Briggs rule. Since the rule directs that the matter of interest be disposed of by the mandate, in cases where interest is simply overlooked, a party who conceives himself entitled to interest from a date other than the date of entry of judgment in accordance with the mandate should be entitled to seek recall of the mandate for determination of the question. -CROSS- CROSS REFERENCES Damages and costs on affirmance, see section 1912 of this title. ------DocID 37081 Document 25 of 210------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 37 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 37. Failure To Make or Cooperate in Discovery: Sanctions -STATUTE- (a) Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) Appropriate Court. An application for an order to a party may be made to the court in which the action is pending, or, on matters relating to a deposition, to the court in the district where the deposition is being taken. An application for an order to a deponent who is not a party shall be made to the court in the district where the deposition is being taken. (2) Motion. If a deponent fails to answer a question propounded or submitted under Rules 30 or 31, or a corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a), or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before applying for an order. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to Rule 26(c). (3) Evasive or Incomplete Answer. For purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer. (4) Award of Expenses of Motion. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. (b) Failure To Comply With Order. (1) Sanctions by Court in District Where Deposition Is Taken. If a deponent fails to be sworn or to answer a question after being directed to do so by the court in the district in which the deposition is being taken, the failure may be considered a contempt of that court. (2) Sanctions by Court in Which Action Is Pending. If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under subdivision (a) of this rule or Rule 35, or if a party fails to obey an order entered under Rule 26(f), the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following: (A) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence; (C) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party; (D) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination; (E) Where a party has failed to comply with an order under Rule 35(a) requiring that party to produce another for examination, such orders as are listed in paragraphs (A), (B), and (C) of this subdivision, unless the party failing to comply shows that that party is unable to produce such person for examination. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising that party or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. (c) Expenses on Failure To Admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the requesting party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that (1) the request was held objectionable pursuant to Rule 36(a), or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had reasonable ground to believe that the party might prevail on the matter, or (4) there was other good reason for the failure to admit. (d) Failure of Party To Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection. If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails (1) to appear before the officer who is to take the deposition, after being served with a proper notice, or (2) to serve answers or objections to interrogatories submitted under Rule 33, after proper service of the interrogatories, or (3) to serve a written response to a request for inspection submitted under Rule 34, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule. In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising that party or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The failure to act described in this subdivision may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by Rule 26(c). ((e) Subpoena of Person in Foreign Country.) (Abrogated Apr. 29, 1980, eff. Aug. 1, 1980) ((f) Expenses Against United States.) (Repealed Oct. 21, 1980, eff. Oct. 1, 1981) (g) Failure To Participate in the Framing of a Discovery Plan. If a party or a party's attorney fails to participate in good faith in the framing of a discovery plan by agreement as is required by Rule 26(f), the court may, after opportunity for hearing, require such party or attorney to pay to any other party the reasonable expenses, including attorney's fees, caused by the failure. -SOURCE- (As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Pub. L. 96-481, title II, Sec. 205(a), Oct. 21, 1980, 94 Stat. 2330; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES The provisions of this rule authorizing orders establishing facts or excluding evidence or striking pleadings, or authorizing judgments of dismissal or default, for refusal to answer questions or permit inspection or otherwise make discovery, are in accord with Hammond Packing Co. v. Arkansas, 212 U.S. 322, 29 S.Ct. 370, 53 L.Ed. 530, 15 Ann.Cas. 645 (1909), which distinguishes between the justifiable use of such measures as a means of compelling the production of evidence, and their unjustifiable use, as in Hovey v. Elliott, 167 U.S. 409, 17 S.Ct. 841, 42 L.Ed. 215 (1897), for the mere purpose of punishing for contempt. 1948 AMENDMENT The amendment effective October 1949, substituted the reference to 'Title 28, U.S.C. Sec. 1783' in subdivision (e) for the reference to 'the act of July 3, 1926, ch. 762, Sec. 1, (44 Stat. 835), U.S.C. Title 28, Sec. 711'. NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT Rule 37 provides generally for sanctions against parties or persons unjustifiably resisting discovery. Experience has brought to light a number of defects in the language of the rule as well as instances in which it is not serving the purposes for which it was designed. See Rosenberg, Sanctions to Effectuate Pretrial Discovery, 58 Col.L.Rev. 480 (1958). In addition, changes being made in other discovery rules requiring conforming amendments to Rule 37. Rule 37 sometimes refers to a 'failure' to afford discovery and at other times to a 'refusal' to do so. Taking note of this dual terminology, courts have imported into 'refusal' a requirement of 'wilfullness.' See Roth v. Paramount Pictures Corp., 8 F.R.D. 31 (W.D.Pa. 1948); Campbell v. Johnson, 101 F.Supp. 705, 707 (S.D.N.Y. 1951). In Societe Internationale v. Rogers, 357 U.S. 197 (1958), the Supreme Court concluded that the rather random use of these two terms in Rule 37 showed no design to use them with consistently distinctive meanings, that 'refused' in Rule 37(b)(2) meant simply a failure to comply, and that wilfullness was relevant only to the selection of sanctions, if any, to be imposed. Nevertheless, after the decision in Societe, the court in Hinson v. Michigan Mutual Liability Co., 275 F.2d 537 (5th Cir. 1960) once again ruled that 'refusal' required wilfullness. Substitution of 'failure' for 'refusal' throughout Rule 37 should eliminate this confusion and bring the rule into harmony with the Societe Internationale decision. See Rosenberg, supra, 58 Col.L.Rev. 480, 489-490 (1958). Subdivision (a). Rule 37(a) provides relief to a party seeking discovery against one who, with or without stated objections, fails to afford the discovery sought. It has always fully served this function in relation to depositions, but the amendments being made to Rules 33 and 34 give Rule 37(a) added scope and importance. Under existing Rule 33, a party objecting to interrogatories must make a motion for court hearing on his objections. The changes now made in Rules 33 and 37(a) make it clear that the interrogating party must move to compel answers, and the motion is provided for in Rule 37(a). Existing Rule 34, since it requires a court order prior to production of documents or things or permission to enter on land, has no relation to Rule 37(a). Amendments of Rules 34 and 37(a) create a procedure similar to that provided for Rule 33. Subdivision (a)(1). This is a new provision making clear to which court a party may apply for an order compelling discovery. Existing Rule 37(a) refers only to the court in which the deposition is being taken; nevertheless, it has been held that the court where the action is pending has 'inherent power' to compel a party deponent to answer. Lincoln Laboratories, Inc. v. Savage Laboratories, Inc., 27 F.R.D. 476 (D.Del. 1961). In relation to Rule 33 interrogatories and Rule 34 requests for inspection, the court where the action is pending is the appropriate enforcing tribunal. The new provision eliminates the need to resort to inherent power by spelling out the respective roles of the court where the action is pending and the court where the deposition is taken. In some instances, two courts are available to a party seeking to compel answers from a party deponent. The party seeking discovery may choose the court to which he will apply, but the court has power to remit the party to the other court as a more appropriate forum. Subdivision (a)(2). This subdivision contains the substance of existing provisions of Rule 37(a) authorizing motions to compel answers to questions put at depositions and to interrogatories. New provisions authorize motions for orders compelling designation under Rules 30(b)(6) and 31(a) and compelling inspection in accordance with a request made under Rule 34. If the court denies a motion, in whole or part, it may accompany the denial with issuance of a protective order. Compare the converse provision in Rule 26(c). Subdivision (a)(3). This new provision makes clear that an evasive or incomplete answer is to be considered, for purposes of subdivision (a), a failure to answer. The courts have consistently held that they have the power to compel adequate answers. E.g., Cone Mills Corp. v. Joseph Bancroft & Sons Co., 33 F.R.D. 318 (D.Del. 1963). This power is recognized and incorporated into the rule. Subdivision (a)(4). This subdivision amends the provisions for award of expenses, including reasonable attorney's fees, to the prevailing party or person when a motion is made for an order compelling discovery. At present, an award of expenses is made only if the losing party or person is found to have acted without substantial justification. The change requires that expenses be awarded unless the conduct of the losing party or person is found to have been substantially justified. The test of 'substantial justification' remains, but the change in language is intended to encourage judges to be more alert to abuses occurring in the discovery process. On many occasions, to be sure, the dispute over discovery between the parties is genuine, though ultimately resolved one way or the other by the court. In such cases, the losing party is substantially justified in carrying the matter to court. But the rules should deter the abuse implicit in carrying or forcing a discovery dispute to court when no genuine dispute exists. And the potential or actual imposition of expenses is virtually the sole formal sanction in the rules to deter a party from pressing to a court hearing frivolous requests for or objections to discovery. The present provision of Rule 37(a) that the court shall require payment if it finds that the defeated party acted without 'substantial justification' may appear adequate, but in fact it has been little used. Only a handful of reported cases include an award of expenses, and the Columbia Survey found that in only one instance out of about 50 motions decided under Rule 37(a) did the court award expenses. It appears that the courts do not utilize the most important available sanction to deter abusive resort to the judiciary. The proposed change provides in effect that expenses should ordinarily be awarded unless a court finds that the losing party acted justifiably in carrying his point to court. At the same time, a necessary flexibility is maintained, since the court retains the power to find that other circumstances make an award of expenses unjust - as where the prevailing party also acted unjustifiably. The amendment does not significantly narrow the discretion of the court, but rather presses the court to address itself to abusive practices. The present provision that expenses may be imposed upon either the party or his attorney or both is unchanged. But it is not contemplated that expenses will be imposed upon the attorney merely because the party is indigent. Subdivision (b). This subdivision deals with sanctions for failure to comply with a court order. The present captions for subsections (1) and (2) entitled, 'Contempt' and 'Other Consequences,' respectively, are confusing. One of the consequences listed in (2) is the arrest of the party, representing the exercise of the contempt power. The contents of the subsections show that the first authorizes the sanction of contempt (and no other) by the court in which the deposition is taken, whereas the second subsection authorizes a variety of sanctions, including contempt, which may be imposed by the court in which the action is pending. The captions of the subsections are changed to deflect their contents. The scope of Rule 37(b)(2) is broadened by extending it to include any order 'to provide or permit discovery,' including orders issued under Rules 37(a) and 35. Various rules authorize orders for discovery - e.g., Rule 35 (b)(1), Rule 26(c) as revised. Rule 37(d). See Rosenberg, supra, 58 Col.L.Rev. 480, 484-486. Rule 37(b)(2) should provide comprehensively for enforcement of all these orders. Cf. Societe Internationale v. Rogers, 357 U.S. 197, 207 (1958). On the other hand, the reference to Rule 34 is deleted to conform to the changed procedure in that rule. A new subsection (E) provides that sanctions which have been available against a party for failure to comply with an order under Rule 35(a) to submit to examination will now be available against him for his failure to comply with a Rule 35(a) order to produce a third person for examination, unless he shows that he is unable to produce the person. In this context, 'unable' means in effect 'unable in good faith.' See Societe Internationale v. Rogers, 357 U.S. 197 (1958). Subdivision (b)(2) is amplified to provide for payment of reasonable expenses caused by the failure to obey the order. Although Rules 37(b)(2) and 37(d) have been silent as to award of expenses, courts have nevertheless ordered them on occasion. E.g., United Sheeplined Clothing Co. v. Arctic Fur Cap Corp., 165 F.Supp. 193 (S.D.N.Y.1958); Austin Theatre, Inc. v. Warner Bros. Picture, Inc., 22 F.R.D. 302 (S.D.N.Y. 1958). The provision places the burden on the disobedient party to avoid expenses by showing that his failure is justified or that special circumstances make an award of expenses unjust. Allocating the burden in this way conforms to the changed provisions as to expenses in Rule 37(a), and is particularly appropriate when a court order is disobeyed. An added reference to directors of a party is similar to a change made in subdivision (d) and is explained in the note to that subdivision. The added reference to persons designated by a party under Rules 30(b)(6) or 31(a) to testify on behalf of the party carries out the new procedure in those rules for taking a deposition of a corporation or other organization. Subdivision (c). Rule 37(c) provides a sanction for the enforcement of Rule 36 dealing with requests for admission. Rule 36 provides the mechanism whereby a party may obtain from another party in appropriate instances either (1) and admission, or (2) a sworn and specific denial, or (3) a sworn statement 'setting forth in detail the reasons why he cannot truthfully admit or deny.' If the party obtains the second or third of these responses, in proper form, Rule 36 does not provide for a pretrial hearing on whether the response is warranted by the evidence thus far accumulated. Instead, Rule 37(c) is intended to provide posttrial relief in the form of a requirement that the party improperly refusing the admission pay the expenses of the other side in making the necessary proof at trial. Rule 37(c), as now written, addresses itself in terms only to the sworn denial and is silent with respect to the statement of reasons for an inability to admit or deny. There is no apparent basis for this distinction, since the sanction provided in Rule 37(c) should deter all unjustified failures to admit. This omission in the rule has caused confused and diverse treatment in the courts. One court has held that if a party gives inadequate reasons, he should be treated before trial as having denied the request, so that Rule 37(c) may apply. Bertha Bldg. Corp. v. National Theatres Corp., 15 F.R.D. 339 (E.D.N.Y. 1954). Another has held that the party should be treated as having admitted the request. Heng Hsin Co. v. Stern, Morgenthau & Co., 20 Fed.Rules Serv. 36a.52, Case 1 (S.D.N.Y. Dec. 10, 1954). Still another has ordered a new response, without indicating what the outcome should be if the new response were inadequate. United States Plywood Corp. v. Hudson Lumber Co., 127 F.Supp. 489, 497-498 (S.D.N.Y. 1954). See generally Finman, The Request for Admissions in Federal Civil Procedure, 71 Yale L.J. 371, 426-430 (1962). The amendment eliminates this defect in Rule 37(c) by bringing within its scope all failures to admit. Additional provisions in Rule 37(c) protect a party from having to pay expenses if the request for admission was held objectionable under Rule 36(a) or if the party failing to admit had reasonable ground to believe that he might prevail on the matter. The latter provision emphasizes that the true test under Rule 37(c) is not whether a party prevailed at trial but whether he acted reasonably in believing that he might prevail. Subdivision (d). The scope of subdivision (d) is broadened to include responses to requests for inspection under Rule 34, thereby conforming to the new procedures of Rule 34. Two related changes are made in subdivision (d): the permissible sanctions are broadened to include such orders 'as are just'; and the requirement that the failure to appear or respond be 'wilful' is eliminated. Although Rule 37(d) in terms provides for only three sanctions, all rather severe, the courts have interpreted it as permitting softer sanctions than those which it sets forth. E.g., Gill v. Stolow, 240 F.2d 669 (2d Cir. 1957); Saltzman v. Birrell, 156 F.Supp. 538 (S.D.N.Y. 1957); 2A Barron & Holtzoff, Federal Practice and Procedure 554-557 (Wright ed. 1961). The rule is changed to provide the greater flexibility as to sanctions which the cases show is needed. The resulting flexibility as to sanctions eliminates any need to retain the requirement that the failure to appear or respond be 'wilful.' The concept of 'wilful failure' is at best subtle and difficult, and the cases do not supply a bright line. Many courts have imposed sanctions without referring to wilfullness. E.g., Milewski v. Schneider Transportation Co., 238 F.2d 397 (6th Cir. 1956); Dictograph Products, Inc. v. Kentworth Corp., 7 F.R.D. 543 (W.D.Ky. 1947). In addition, in view of the possibility of light sanctions, even a negligent failure should come within Rule 37(d). If default is caused by counsel's ignorance of Federal practice, cf. Dunn. v. Pa. R.R., 96 F. Supp. 597 (N.D.Ohio 1951), or by his preoccupation with another aspect of the case, cf. Maurer-Neuer, Inc. v. United Packinghouse Workers, 26 F.R.D. 139 (D.Kans. 1960), dismissal of the action and default judgment are not justified, but the imposition of expenses and fees may well be. 'Wilfullness' continues to play a role, along with various other factors, in the choice of sanctions. Thus, the scheme conforms to Rule 37(b) as construed by the Supreme Court in Societe Internationale v. Rogers, 357 U.S. 197, 208 (1958). A provision is added to make clear that a party may not properly remain completely silent even when he regards a notice to take his deposition or a set of interrogatories or requests to inspect as improper and objectionable. If he desires not to appear or not to respond, he must apply for a protective order. The cases are divided on whether a protective order must be sought. Compare Collins v. Wayland, 139 F.2d 677 (9th Cir. 1944), cert. den. 322 U.S. 744; Bourgeois v. El Paso Natural Gas Co., 20 F.R.D. 358 (S.D.N.Y. 1957); Loosley v. Stone, 15 F.R.D. 373 (S.D.Ill. 1954), with Scarlatos v. Kulukundis, 21 F.R.D. 185 (S.D.N.Y. 1957); Ross v. True Temper Corp., 11 F.R.D 307 (N.D.Ohio 1951). Compare also Rosenberg, supra, 58 Col.L.Rev. 480, 496 (1958) with 2A Barron & Holtzoff, Federal Practice and Procedure 530-531 (Wright ed. 1961). The party from whom discovery is sought is afforded, through Rule 26(c), a fair and effective procedure whereby he can challenge the request made. At the same time, the total non-compliance with which Rule 37(d) is concerned may impose severe inconvenience or hardship on the discovering party and substantially delay the discovery process. Cf. 2B Barron & Holtzoff, Federal Practice and Procedure 306-307 (Wright ed. 1961) (response to a subpoena). The failure of an officer or managing agent of a party to make discovery as required by present Rule 37(d) is treated as the failure of the party. The rule as revised provides similar treatment for a director of a party. There is slight warrant for the present distinction between officers and managing agents on the one hand and directors on the other. Although the legal power over a director to compel his making discovery may not be as great as over officers or managing agents, Campbell v. General Motors Corp., 13 F.R.D. 331 (S.D.N.Y. 1952), the practical differences are negligible. That a director's interests are normally aligned with those of his corporation is shown by the provisions of old Rule 26(d)(2), transferred to 32(a)(2) (deposition of director of party may be used at trial by an adverse party for any purpose) and of Rule 43(b) (director of party may be treated at trial as a hostile witness on direct examination by any adverse party). Moreover, in those rare instances when a corporation is unable through good faith efforts to compel a director to make discovery, it is unlikely that the court will impose sanctions. Cf. Societe Internationale v. Rogers, 357 U.S. 197 (1958). Subdivision (e). The change in the caption conforms to the language of 28 U.S.C. Sec. 1783, as amended in 1964. Subdivision (f). Until recently, costs of a civil action could be awarded against the United States only when expressly provided by Act of Congress, and such provision was rarely made. See H.R.Rept.No. 1535, 89th Cong., 2d Sess., 2-3 (1966). To avoid any conflict with this doctrine, Rule 37(f) has provided that expenses and attorney's fees may not be imposed upon the United States under Rule 37. See 2A Barron & Holtzoff, Federal Practice and Procedure 857 (Wright ed. 1961). A major change in the law was made in 1966, 80 Stat. 308, 28 U.S.C. Sec. 2412 (1966), whereby a judgment for costs may ordinarily be awarded to the prevailing party in any civil action brought by or against the United States. Costs are not to include the fees and expenses of attorneys. In light of this legislative development, Rule 37(f) is amended to permit the award of expenses and fees against the United States under Rule 37, but only to the extent permitted by statute. The amendment brings Rule 37(f) into line with present and future statutory provisions. NOTES OF ADVISORY COMMITTEE ON RULES - 1980 AMENDMENT Subdivision (b)(2). New Rule 26(f) provides that if a discovery conference is held, at its close the court shall enter an order respecting the subsequent conduct of discovery. The amendment provides that the sanctions available for violation of other court orders respecting discovery are available for violation of the discovery conference order. Subdivision (e). Subdivision (e) is stricken. Title 28, U.S.C. Sec. 1783 no longer refers to sanctions. The subdivision otherwise duplicates Rule 45(e)(2). Subdivision (g). New Rule 26(f) imposes a duty on parties to participate in good faith in the framing of a discovery plan by agreement upon the request of any party. This subdivision authorizes the court to award to parties who participate in good faith in an attempt to frame a discovery plan the expenses incurred in the attempt if any party or his attorney fails to participate in good faith and thereby causes additional expense. Failure of United States to Participate in Good Faith in Discovery. Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure. Since attorneys' fees cannot ordinarily be awarded against the United States (28 U.S.C. Sec. 2412), there is often no practical remedy for the misconduct of its officers and attorneys. However, in the case of a government attorney who fails to participate in good faith in discovery, nothing prevents a court in an appropriate case from giving written notification of that fact to the Attorney General of the United States and other appropriate heads of offices or agencies thereof. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. 1980 AMENDMENT Subd. (f). Pub. L. 96-481 repealed subd. (f), which provided that except to the extent permitted by statute, expenses and fees may not be awarded against the United States under this rule. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-481 effective Oct. 1, 1981, and applicable to adversary adjudication defined in section 504(b)(1)(C) of Title 5, and to civil actions and adversary adjudications described in section 2412 of Title 28, Judiciary and Judicial Procedure, which are pending on, or commenced on or after Oct. 1, 1981, see section 208 of Pub. L. 96-481, set out as an Effective Date note under section 504 of Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Failure to attend taking of a deposition or to serve subpoena, payment of expenses, see rule 30. ------DocID 37304 Document 26 of 210------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 37 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 37. Brief of an Amicus Curiae -STATUTE- .1. An amicus curiae brief which brings relevant matter to the attention of the Court that has not already been brought to its attention by the parties is of considerable help to the Court. An amicus brief which does not serve this purpose simply burdens the staff and facilities of the Court and its filing is not favored. .2. A brief of an amicus curiae submitted prior to the consideration of a petition for a writ of certiorari or a jurisdictional statement, accompanied by the written consent of all parties, may be filed only if submitted within the time allowed for filing a brief in opposition to the petition for a writ of certiorari or for filing a motion to dismiss or affirm. A motion for leave to file a brief amicus curiae when consent has been refused is not favored. Any such motion must be filed within the time allowed for the filing of the brief amicus curiae, must indicate the party or parties who have refused consent, and must be printed with the proposed brief. The cover of the brief must identify the party supported. .3. A brief of an amicus curiae in a case before the Court for oral argument may be filed when accompanied by the written consent of all parties and presented within the time allowed for the filing of the brief of the party supported, or, if in support of neither party, within the time allowed for filing the petitioner's or appellant's brief. A brief amicus curiae must identify the party supported or indicate whether it suggests affirmance or reversal, and must be as concise as possible. No reply brief of an amicus curiae and no brief of an amicus curiae in support of a petition for rehearing will be received. .4. When consent to the filing of a brief of an amicus curiae in a case before the Court for oral argument is refused by a party to the case, a motion for leave to file indicating the party or parties who have refused consent, accompanied by the proposed brief and printed with it, may be presented to the Court. A motion will not be received unless submitted within the time allowed for the filing of an amicus brief on written consent. The motion shall concisely state the nature of the applicant's interest and set forth facts or questions of law that have not been, or reasons for believing that they will not be, presented by the parties and their relevancy to the disposition of the case. The motion may in no event exceed five pages. A party served with the motion may file an objection thereto concisely stating the reasons for withholding consent which must be printed in accordance with Rule 33. The cover of an amicus brief must identify the party supported or indicate whether it supports affirmance or reversal. .5. Consent to the filing of a brief of an amicus curiae is not necessary when the brief is presented on behalf of the United States by the Solicitor General; on behalf of any agency of the United States authorized by law to appear on its own behalf when submitted by the agency's authorized legal representative; on behalf of a State, Territory, or Commonwealth when submitted by its Attorney General; or on behalf of a political subdivision of a State, Territory, or Commonwealth when submitted by its authorized law officer. .6. Every brief or motion filed under this Rule must comply with the applicable provisions of Rules 21, 24, and 33 (except that it shall be sufficient to set forth in the brief the interest of the amicus curiae, the argument, the summary of the argument, and the conclusion); and shall be accompanied by proof of service as required by Rule 29. ------DocID 37359 Document 27 of 210------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 37 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 37. Failure To Make or Cooperate in Discovery; Sanctions -STATUTE- (a) Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) Appropriate Court. (Not Used.) (2) Motion. If a deponent fails to answer a question propounded or submitted under Rule 30 or 31, or a corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a), or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. See Appendix G 8. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before the proponent applies for an order. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to Rule 26(c). (3) Evasive or Incomplete Answer. For purposes of subdivision (a) of this rule, an evasive or incomplete answer is to be treated as a failure to answer. (4) Award of Expenses of Motion. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorneys' fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorneys' fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. (b) Failure To Comply with Order. (1) Sanctions Against a Deponent. If a deponent fails to be sworn or to answer a question after being directed to do so by the court, the failure may be considered a contempt of court. (2) Sanctions Against a Party. If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under subdivision (a) of this rule or Rule 35, or if a party fails to obey an order entered under Rule 26(f), the court may make such orders in regard to the failure as are just and among others the following: (A) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing designated matters in evidence; (C) An order striking out pleadings or parts thereof, or staying further proceedings unless the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party; (D) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination; (E) Where a party has failed to comply with an order under Rule 35(a) requiring the party to produce another for examination, such orders as are listed in paragraphs (A), (B) and (C) of subdivision (b) of this rule, unless the party failing to comply shows that the party is unable to produce such person for examination. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising such party or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. (c) Expenses on Failure To Admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, such party may apply to the court for an order requiring the other party to pay such party the reasonable expenses incurred in making that proof, including reasonable attorneys' fees. The court shall make the order unless it finds that (1) the request was held objectionable pursuant to Rule 36(a), or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had reasonable ground to believe that the party might prevail on the matter, or (4) there was other good reason for the failure to admit. (d) Failure of Party To Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection. If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails (1) to appear before the officer who is to take the deposition, after being served with a proper notice, or (2) to serve answers or objections to interrogatories submitted under Rule 33, after proper service of the interrogatories, or (3) to serve a written response to a request for inspection submitted under Rule 34, after proper service of the request, the court on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under paragraphs (A), (B) and (C) of subdivision (b)(2) of this rule. In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising such party or both to pay the reasonable expenses, including attorneys' fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The failure to act described in this subdivision may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by Rule 26(c). (e) Subpoena of Person in Foreign Country. (Not used.) (f) Expenses Against United States. (Not used.) (g) Failure To Participate in the Framing of a Discovery Plan. If a party or a party's attorney fails to participate in good faith in the framing of a discovery plan by agreement as is required by Rule 26(f), the court may, after opportunity for hearing, require such party or such party's attorney to pay to any other party the reasonable expenses, including attorneys' fees, caused by the failure. ------DocID 37466 Document 28 of 210------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 37 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 37. Failure To Make or Cooperate in Discovery - Sanctions -STATUTE- (a) Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) Motion. If a deponent fails to answer a question propounded or submitted under Rule 30 or 31, or a corporation or other entity fails to make a designation under Rule 30(b)(4) or 31(a), or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before applying for an order. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to Rule 26(c). (2) Evasive or Incomplete Answer. For purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer. (3) Award of Expenses of Motion. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. (b) Failure To Comply With Order. If a deponent fails to be sworn or to answer a question after being directed to do so by the court, the failure may be considered a contempt of court. If a party or an officer, director, or managing agent of a party or person designated under Rule 30(b)(4) or 31(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under subdivision (a) of this rule or Rule 35 or if a party fails to obey an order entered under Rule 26(f), the court may make such orders in regard to the failure as are just, and among others the following: (1) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order. (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence. (3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party. (4) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders; except an order to submit to a physical or mental examination. (5) Where a party has failed to comply with an order under Rule 35(a) requiring that party to produce another for examination, such orders as are listed in paragraphs (1), (2) and (3) of this subdivision (b), unless the party failing to comply shows that that party is unable to produce such person for examination. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising that party or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. (c) Expenses on Failure to Admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the requesting party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that (1) the request was held objectionable pursuant to Rule 36(a), or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had reasonable ground to believe that the party might prevail on the matter, or (4) there was other good reason for the failure to admit. (d) Failure of Party To Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection. If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(4) or 31(a) to testify on behalf of a party fails (1) to appear before the officer who is to take the deposition, after being served with a proper notice, or (2) to serve answers or objections to interrogatories submitted under Rule 33, after proper service of the interrogatories, or (3) to serve a written response to a request for inspection submitted under Rule 34, after proper service of the request, the court on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under subdivisions (b)(1), (b)(2) and (b)(3) of this rule. In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising that party or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The failure to act described in this subdivision may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by Rule 26(c). (e) Subpoena of Person in Foreign Country. A subpoena may be issued as provided in 28 U.S.C. Sec. 1783, under the circumstances and conditions therein stated. (f) Failure to Participate in the Framing of a Discovery Plan. If a party or a party's attorney fails to participate in good faith in the framing of a discovery plan by agreement as is required by Rule 26(f), the court may, after opportunity for hearing, require such party or attorney to pay to any other party the reasonable expenses, including attorney's fees, caused by the failure. -SOURCE- (As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988.) ------DocID 38504 Document 29 of 210------ -CITE- 30 USC Sec. 37 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 37. Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance of patent: acreage payments for vein or lode and placer claim; costs of proceedings; knowledge affecting construction of application and scope of patent -STATUTE- Where the same person, association, or corporation is in possession of a placer claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, including such vein or lode, upon the payment of $5 per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for at the rate of $2.50 per acre, together with all costs of proceedings; and where a vein or lode, such as is described in section 23 of this title, is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral and other deposits within the boundaries thereof. -SOURCE- (R.S. Sec. 2333.) -REFTEXT- REFERENCES IN TEXT Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, referred to in text, were in the original 'this chapter', meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. Sec. 2318 to 2352. -COD- CODIFICATION R.S. Sec. 2333 derived from act May 10, 1872, ch. 152, Sec. 11, 17 Stat. 94. -CROSS- CROSS REFERENCES Annual assessment labor upon oil lands located as placer mining claims, see section 102 of this title. Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. Petroleum, mineral oil or gas lands, patents, see section 103 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 38, 39, 40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714, 1732. ------DocID 39401 Document 30 of 210------ -CITE- 31 USC CHAPTER 37 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 37 -HEAD- CHAPTER 37 - CLAIMS -MISC1- SUBCHAPTER I - GENERAL Sec. 3701. Definitions and application. 3702. Authority of the Comptroller General to settle claims. SUBCHAPTER II - CLAIMS OF THE UNITED STATES GOVERNMENT 3711. Collection and compromise. 3712. Time limitations for presenting certain claims of the Government. 3713. Priority of Government claims. 3714. Keeping money due States in default. 3715. Buying real property of a debtor. 3716. Administrative offset. 3717. Interest and penalty on claims. 3718. Contracts for collection services. 3719. Reports on debt collection activities. 3720. Collection of payments. 3720A. Reduction of tax refund by amount of debt. SUBCHAPTER III - CLAIMS AGAINST THE UNITED STATES GOVERNMENT 3721. Claims of personnel of agencies and the District of Columbia government for personal property damage or loss. 3722. Claims of officers and employees at Government penal and correctional institutions. 3723. Small claims for privately owned property damage or loss. 3724. Claims for damages caused by investigative or law enforcement officers of the Department of Justice. 3725. Claims of non-nationals for personal injury or death in a foreign country. 3726. Payment for transportation. 3727. Assignments of claims. 3728. Setoff against judgment. 3729. False claims. 3730. Civil actions for false claims. 3731. False claims procedure. 3732. False claims jurisdiction. 3733. Civil investigative demands. AMENDMENTS 1989 - Pub. L. 101-203, Sec. 1(b)(2), Dec. 7, 1989, 103 Stat. 1805, substituted 'investigative or law enforcement officers of the Department of Justice' for 'the Federal Bureau of Investigation' in item 3724. 1986 - Pub. L. 99-562, Sec. 6(b), Oct. 27, 1986, 100 Stat. 3168, added items 3732 and 3733. 1984 - Pub. L. 98-369, div. B, title VI, Sec. 2652(a)(2), 2653(a)(2), July 18, 1984, 98 Stat. 1152, 1154, added items 3720 and 3720A. 1983 - Pub. L. 97-452, Sec. 1(13)(B), (16)(B), Jan. 12, 1983, 96 Stat. 2470, 2474, inserted 'and application' in item 3701 and added items 3716-3719. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 20 section 1234a; title 42 sections 1395ccc, 5155. ------DocID 39717 Document 31 of 210------ -CITE- 33 USC Sec. 37 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 37. Nodaway River, Missouri -STATUTE- Nodaway River, in the counties of Andrew, Holt, and Nodaway, in the State of Missouri, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Feb. 15, 1910, ch. 32, Sec. 1, 2, 36 Stat. 194.) ------DocID 40885 Document 32 of 210------ -CITE- 33 USC CHAPTER 37 -EXPCITE- TITLE 33 CHAPTER 37 -HEAD- CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL -MISC1- Sec. 2401. Findings; purpose. (a) Findings. (b) Purpose. 2402. Definitions. 2403. Prohibition on application of organotin antifouling paints on certain vessels. (a) Prohibition. (b) Exceptions. 2404. Prohibition of certain organotin antifouling paints and organotin additives used to make such paints. (a) Interim prohibition of certain organotin antifouling paints. (b) Prohibition of certain organotin additives. 2405. Certification. (a) Initial certification. (b) Subsequent certification. 2406. Monitoring and research of ecological effects. (a) Estuarine monitoring. (b) Navy home port monitoring. (c) Navy research of ecological effects. (d) Report. (e) Assistance to States. (f) Five-year report. 2407. Alternative antifouling research. (a) Research. (b) Report. 2408. Water quality criteria document. 2409. Penalties. (a) Civil penalties. (b) Criminal penalties. 2410. Other authorities; State laws. (a) Other authorities of Administrator. (b) State laws. ------DocID 41112 Document 33 of 210------ -CITE- 35 USC CHAPTER 37 -EXPCITE- TITLE 35 PART IV CHAPTER 37 -HEAD- CHAPTER 37 - NATIONAL STAGE -MISC1- Sec. 371. National stage: Commencement. 372. National stage: Requirements and procedure. 373. Improper applicant. 374. Publication of international application: Effect. 375. Patent issued on international application: Effect. 376. Fees. ------DocID 41172 Document 34 of 210------ -CITE- 36 USC Sec. 37 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 37. Annual report -STATUTE- On or before the first day of April of each year the corporation shall make and transmit to Congress a report of its proceedings for the preceding fiscal year. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 7, 64 Stat. 24; Aug. 14, 1953, ch. 486, Sec. 2, 67 Stat. 583; Aug. 30, 1964, Pub. L. 88-504, Sec. 4(2), 78 Stat. 636.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-504 struck out ', including a full, complete, and itemized report of receipts and expenditures of whatever kind' after 'fiscal year'. 1953 - Act Aug. 14, 1953, substituted 'for the preceding fiscal year' for 'for the year ending December 31, preceding' after 'its proceedings'. ------DocID 41826 Document 35 of 210------ -CITE- 36 USC CHAPTER 37 -EXPCITE- TITLE 36 CHAPTER 37 -HEAD- CHAPTER 37 - JEWISH WAR VETERANS, U.S.A., NATIONAL MEMORIAL, INC. -MISC1- Sec. 911. Corporation created. 912. Completion of organization. 913. Principles and objects of corporation. 914. Powers of corporation. 915. Principal office; territorial scope of activities; agent for service of process. 916. Governing body. (a) Composition. (b) Tenure. (c) Duties. 917. Officers. 918. Distribution of income or assets to members; loans. 919. Nonpolitical nature of corporation. 920. Liability for acts of officers and agents. 921. Prohibition against issuance of stock or payment of dividends. 922. Books and records; inspection. 923. Repealed. 924. Use of assets on dissolution or liquidation. 925. Acquisition of assets and liabilities of existing corporation. 926. Reservation of right to amend or repeal chapter. ------DocID 6973 Document 36 of 21