I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/14/93 at 04:04:23. Database: USCODE Search: (18:CITE) ------DocID 23783 Document 1 of 1438------ -CITE- 18 USC TITLE 18 -EXPCITE- TITLE 18 -HEAD- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE -MISC1- THIS TITLE WAS ENACTED BY ACT JUNE 25, 1948, CH. 645, SEC. 1, 62 STAT. 683 Part Sec. I. Crimes 1 II. Criminal Procedure 3001 III. Prisons and Prisoners 4001 IV. Correction of Youthful Offenders 5001 V. Immunity of Witnesses 6001 AMENDMENTS 1970 - Pub. L. 91-452, title II, Sec. 201(b), Oct. 15, 1970, 84 Stat. 928, added Part V. Table Showing Disposition of All Sections of Former Title 18 --------------------------------------------------------------------- Title 18 Former Sections Title 18 New Sections --------------------------------------------------------------------- 1, 2 2381 3 2382 4 2383 5 953 6 2384 7 2389 8 2390 9 2387 10 2385 11 2385, 2387 12 Rep. See Cr. Proc. R. 41(c). 13 2385, 2387 14-17 2386 21 958 22 959 23 962 24 961 25 960 26 T. 22 Sec. 461 27 T. 22 Sec. 462 28 T. 22 Sec. 463 29 T. 22 Sec. 464 30 959 31 967 32 963 33 964 34 965 35 966 36 963, 964, 965, 966, 967 37 756, 3058 38 T. 22 Sec. 465 39 5, 3241 51 241 52 242 53 Rep. 53a 2236 54 372 55 592 56-58 593 59 592, 593 61 594 61a 595 61b 600 61c 601 61d 604 61e 605 61f 598 61g 594, 595, 598, 600, 601, 604, 605 61h T. 5 Sec. 118i (See Rev. T. 5 Table) 61i T. 5 Sec. 118j (See Rev. T. 5 Table) 61j, 61k Rep. 61l T. 5 Sec. 118k (See Rev. T. 5 Table) 61m 608 61m-1 611 61n 595 61o T. 5 Sec. 118l (See Rev. T. 5 Table) 61p T. 5 Sec. 118m (See Rev. T. 5 Table) 61q Rep. 61r T. 5 Sec. 118n (See Rev. T. 5 Table) 61s 595 61t 610 61u 595 61v-61x Elim. 62-62b 612 71 497 72 494 73 495 74 1002 75 1016 76 912 76a, 76b 701 76c 707, 916 76d 707 76e 705 77 Rep. 77a 913 78 914 79 1003 80 287, 1001 81 289 82 641, 1361 83 286 84 1022 85 1023 86 1024 87 641 88 371 89 871 90 T. 34 Sec. 1167 (See Rev. T. 34 Table) 91 201 92 285 93 434 94 1381 95 1232 96 2152 97 1382 97a 1383 97b 757 98 11, 957 99 2112 100 641 101 641, 3435 102 Rep. 103 1852 103a, 103b 1851 104 1853 105 1854 106 1855 107 1856 107a 1863 108 3613 109 1862 110 1857 111 1858 112 1859 113 1860 114 1861 115 T. 25 Sec. 202 116 1362 117 2074 118 111 119 496 120 551 121 2231, 2232, 2233 122 T. 19 Sec. 70 123 912 124 211 125 543 126 541 127 1019 128 2233 129 507 130 1017 131 506 132 499 133 5 134, 135 Rep. 136 498 137-143 Rep. 144 2194 145 41 146 508 147 509 148 3056 149 210 150 211 151 210, 211 171 872 172 652 173 653 174 650 175 648 176 643 177, 178 649 178a 371 179 3497 180 3487 181 6514 182 641 183 654 184 435 185 646 186 645 187 647 188 2075 189 2073 190, 191 Rep. 192 1901 193 291 194 1091 195 1018 196 1912 198, 198a 283 199 205 200 204 201 1913 202 216 203 281 204 431 205 432 206 433 207 202 208 602 209 603 210 606 211 607 212 602, 603, 606, 607 213 T. 5 Sec. 118o (See Rev. T. 5 Table) 214 1902 215 2072 216 1905 231 1621 232 1622 233 1506 234, 235 2071 236 505 237 206 238 207 239 208 240 210 241 1503 241a 1505 242 Rep. 243 1504 244 755 245 1501 246 752, 1071 247 752 248 753 249 754 250 873 251 4 252 752, 1792 253 1114, 2231 254 111, 2231 261 8 262 471 263 Rep. 264 474 265 472 266 476 267 477 268 473 269 642 270 478 271 479 272 482 273 483 274 480 275 481 276 484 277 485 278 490 279 331 280 332 281 486 282, 282a 491 283 487 284 488 285 489 286 492 287 Rep. See Cr. Proc. R. 41(a), (b), (f). 288 11 289 335 290 Rep. 291 333 292 475 293 336 294 371 301 12 302 1729 303 1693 304 1696 305 1697 306 1696 307 1694 308 1695 309 1696 310 1730 311 1731 312 1706 313 1707 314 1704 315 2115 316 2116 317 1702, 1708 318 1703, 1709 319 1703, 1710 320 2114 321 1705, 1708 321a 1725 322 1700 323 1698 324, 325 1701 326 1724 327 1699 328 1720 329 1712 330 1726 331 1721 332 1727 333 1713 334 1461 335 1463, 1718 336 1302 337 1303 338 1341 338a 876, 3239 338b 877, 3239 338c 1714 338d Rep. 339 1342 340 1716 341, 342 Rep. 343-345 1717 346 5, 1717 347 500 348 501 349 11, 502 349a 503 350 504 351 1723 352 1732 353 1722 354 288 355 1711, 3497 356 440 357 1719 358 1728 359 1692 360 12 361 1715 381 5, 1364 382 831, 832 383 835 384 833 385 832, 833, 834, 835 386 832, 833, 834, 835 387 1301 388 1264 389 1265 390 1263 391 42 392 43 393 44 393a 43, 44, 3054, 3112 394 42, 43, 44 395 T. 16 Sec. 667e 396 1462 396a, 396b 1761 396c-396e 1762 397, 398 2421 399 2422 400 2423 401 2421 402(1) T. 8 Sec. 1557 402(2), (3) 2424 403 Rep. 404 2421 405-407 Rep. 407a 1231 408 10, 2311, 2312, 2313 408a 1201 408b 10 408c 1201 408c-1 1202 408d 875, 3239 408e 1073 409 659, 660, 2117 410, 411 659 412 660 412a 1992 413 Rep. 414(a) 10 414(b), (c) 2311 415 2314 416 2315 417 2311 418, 418a, 419 Rep. 419a(a) 2311 419a(b) 10 419b 2316 419c 2317 419d Rep. 420 T. 4 Sec. 112 420a to 420e-1 1951 420f-420h 1821 421, 422 1585 423 1584 424 1582 425 1585 426 1587 427 1586 428 1588 429-442 T. 46 Sec. 1351-1364 (See Rev. T. 46 Table) 443 1583 444, 445 1581 446 1584 451 7 452 1111 453 1112 454 1111, 1112 455 113 456 1113 457 2031 458 2032 459 2198 460 2198, 3286, 3614 461 1115 462 114 463 2111 464 81, 1363 465 81, 1363 466 661 467 662, 3435 467a 1025 468 13 469-474 2199 481 1651 482 2191 483 2192 484 2193 485 1655 486 2195 487 2271 488 1658 489 1659 490 2276 491 2272 492 2273 493 1661 494 1654 495 1652 496 1653 497 1656 498 1657 499, 500 969 501 9 502 5, 2275 503, 504 2277 505 1081 506 1082 507 1083 508, 511-518 Rep. 518a 1384 519-521 Rep. 522 1991 523 244 532-535 Rep. 536 T. 50 Sec. 42 541 1 542 3566 543 3567 544 3563 545 3564 546, 547 3231 548 1151, 1153, 3242 549 1151, 1153 550 2 551 3 552 1660 553 3236 554 Rep. See Cr. Proc. R. 6(f). 554a Rep. See Cr. Proc. R. 6. 555 Rep. See Cr. Proc. R. 7(a). 556 Rep. See Cr. Proc. R. 6(d), 52(a). 556a 3288, 3289 556b Rep. 557 Rep. See Cr. Proc. R. 8, 13, 14. 558 Rep. See Cr. Proc. R. 7. 559 Rep. See Cr. Proc. R. 7. 560 Rep. See Cr. Proc. R. 7. 561 Rep. See Cr. Proc. R. 12(b)(5). 562 3432 562a Rep. See Cr. Proc. R. 10. 563 3005 564 Rep. See Cr. Proc. R. 11, 12(b)(3). 565 Rep. See Cr. Proc. R. 31(c). 566 Rep. See Cr. Proc. R. 31(a), (b). 567 1111 568 3570 569 3565 570 3612 571-573 Rep. 574 3241 575 3059 576 3401 576a 3402 576b-576d 3401 581 Rep. 581a, 581b 3281 582 3282 583 3290 584 3283 585 T. 26 (I.R.C. 1939) Sec. 3748(a) (See T. 26 (I.R.C. 1986) Sec. 6531) 586 T. 26 (I.R.C. 1939) Sec. 3748(b) (See T. 26 (I.R.C. 1986) Sec. 6531) 587 3288 588 3289 589 3288, 3289 590 Rep. 590a 3287 591 3041 592 Rep. 593 Rep. See Cr. Proc. R. 5(a). 594 3045 595 Rep. See Cr. Proc. R. 4, 5. 596, 597 3141 598 3144 599 3142 600 3143 601 Rep. See Cr. Proc. R. 46(f)(1), (2). 602 3047 603 4084 604 3049 605 3012 611-616 Rep. See Cr. Proc. R. 41. 617 3105 618, 619 3109 620-626 Rep. See Cr. Proc. R. 41. 627 Rep. 628 2231 629 1621 630 2235 631 2234 632 5 633 Rep. 641 3569 642, 643 T. 46 Sec. 7, 8 (See Rev. T. 46 Table) 644 T. 28 Sec. 1822 645 3611 646 3617 647 3616 651 3184 652 3185 653 3186 654 3188 655 3190 656 3191 657 3189 658 3181 659 3192 660 3051, 3193 661 752, 1502 662 3182, 3195 662a 5001 662b 3042 662c 752, 3183, 3195 662d 3187, 3195 662e 755 663 3194 664 Rep. 665 755 666, 667 Rep. 668 3195, 3498 669-676 D.C. Code, Sec. 23-701, 23-702, 23-705 681 Rep. See Cr. Proc. R. 37. 682 3731 683 Rep. 687 3771 688 3772 689 3771, 3772 691 Rep. 692 4086 693-700 Rep. 701 4007 702 Rep. 703 4006 704 D.C. Code, Sec. 24-424 704a D.C. Code, Sec. 24-423 705-707 Rep. 708, 709 436 709a 3568 710, 710a 4161 711 4166 712, 712a Rep. 713 4163, 4165 714 4202 715 Rep. 716 4203, 4204 716a 4203 716b 4164 717 4205 718 4206 719 4207 720 Rep. 721 4281 722 Rep. 723 3570 723a 4201 723b Rep. 723c 4205 724 3651 725 3653 726 3654 726-1, 726a T. 28 Sec. 604 727 3655 728 3656 729 T. 28 Sec. 1495, 2513 730-732 T. 28 Sec. 2513 733-733b 4085 741 4001 742-744 Rep. 744a 4122 744b 4125 744c 4122, 4123 744d-744f 4126 744g 4124 744h 4162 744h-l Rep. 744i, 744j 4121 744k 4122 744l 4126 744m 4127 744n 4128 744o-744r Elim. 745 Rep. 746 4281 746a 4282 746b 4283 747-749 Rep. 750 T. 5 Sec. 678b (See Rev. T. 5 Table) 751, 752 4005 753 4041 753a 4042 753b 4002, 4042 753c 4003 753d 4009 753e 4001 753f 4082, 4083 753g 4008 753h 751 753i 752, 1072 753j 1791 753k 3050 754 4004 761 Rep. 762 4083 763-776, 791-801, 811-815 Rep. 816 4321 817-819, 831-840 Rep. 851 4125 852 Rep. 853-855 4125 871-875 Rep. 876 4241 877 4242 878 4243 879, 880, 901-906 Rep. 907 4081 908 1791 909 751 910 752, 1072 911, 912 Rep. 921 5031 922 5032, 5033 923 5033 924 5034 925 5035 926 5036 927 5037 928 Elim. 929 Rep. ------------------------------- POSITIVE LAW; CITATION Section 1 of act June 25, 1948, ch. 645, 62 Stat. 683, provided in part that: 'Title 18 of the United States Code, entitled 'Crimes and Criminal Procedure', is hereby revised, codified and enacted into positive law, and may be cited as 'Title 18, U.S.C., Sec. - .' ' LEGISLATIVE CONSTRUCTION Section 19 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that: 'No inference of a legislative construction is to be drawn by reason of the chapter in Title 18, Crimes and Criminal Procedure, as set out in section 1 of this Act, in which any particular section is placed, nor by reason of the catchlines used in such title.' SEPARABILITY Section 18 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that: 'If any part of Title 18, Crimes and Criminal Procedure, as set out in section 1 of this Act, shall be held invalid the remainder shall not be affected thereby.' EFFECTIVE DATE Section 20 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that the revision of this title shall be effective Sept. 1, 1948. EXISTING RIGHTS OR LIABILITIES Section 21 of act June 25, 1948, ch. 645, 62 Stat. 862, provided in part that any right or liabilities now existing under repealed sections or parts thereof shall not be affected by the repeal. REPEALED, TRANSFERRED, AND OMITTED SECTIONS All former sections of Title 18 were repealed, transferred to other titles, or omitted by said act June 25, 1948, except for sections 595, 644, 726-1, 726a, 729, 730, and 732 which were repealed by act June 25, 1948, ch. 646, 62 Stat. 687, the act revising and codifying Title 28, Judiciary and Judicial Procedure, into positive law. -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 8 sections 1160, 1255a, 1282, 1324, 1324c, 1325, 1326, 1327, 1328; title 12 sections 1441a, 4204, 4224; title 15 sections 1245, 5408; title 16 sections 256b, 590n, 668dd, 3373, 3375, 4224, 4306; title 20 section 1221e-1; title 21 sections 333, 841, 844, 848, 858, 863, 960; title 28 sections 535, 994; title 29 section 1136; title 33 section 2609; title 38 section 3405; title 41 sections 54, 423; title 42 sections 263a, 274k, 290cc-32, 300d-20, 300h-2, 300i-1, 300j-23, 300dd-9, 300ee-19, 405, 408, 1383, 1395ss, 3537a, 3537b, 7413, 9603, 9612; title 46 sections 12507, 31306, 31330; title 46 App. section 808; title 47 section 223; title 48 sections 1424-4, 1614, 1694; title 49 App. sections 1472, 1809, 1811. ------DocID 23803 Document 2 of 1438------ -CITE- 18 USC Sec. 18 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 18. Organization defined -STATUTE- As used in this title, the term 'organization' means a person other than an individual. -SOURCE- (Added Pub. L. 99-646, Sec. 38(a), Nov. 10, 1986, 100 Stat. 3599, and amended Pub. L. 100-185, Sec. 4(c), Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100-690, title VII, Sec. 7012, Nov. 18, 1988, 102 Stat. 4395.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-690 made technical correction of directory language of Pub. L. 99-646, Sec. 38(a), similar to that made by Pub. L. 100-185. 1987 - Pub. L. 100-185 made technical correction in directory language of Pub. L. 99-646, Sec. 38(a). ------DocID 23900 Document 3 of 1438------ -CITE- 18 USC CHAPTER 18 -EXPCITE- TITLE 18 PART I CHAPTER 18 -HEAD- CHAPTER 18 - CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPING, AND ASSAULT -MISC1- Sec. 351. Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault; penalties. AMENDMENTS 1982 - Pub. L. 97-285, Sec. 2(b), (c), Oct. 6, 1982, 96 Stat. 1219, substituted 'CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPING, AND ASSAULT' for 'CONGRESSIONAL ASSASSINATION, KIDNAPING, AND ASSAULT' as chapter heading and substituted 'Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault: penalties' for 'Congressional assassination, kidnaping, and assault; penalties' in item 351. 1971 - Pub. L. 91-644, title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, added chapter 18 and item 351. ------DocID 25100 Document 4 of 1438------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 18 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS V -HEAD- Rule 18. Place of Prosecution and Trial -STATUTE- Except as otherwise permitted by statute or by these rules, the prosecution shall be had in a district in which the offense was committed. The court shall fix the place of trial within the district with due regard to the convenience of the defendant and the witnesses and the prompt administration of justice. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 1979, eff. Aug. 1, 1979.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES 1. The Constitution of the United States, Article III. Section 2, Paragraph 3, provides: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Amendment VI provides: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law * * * 28 U.S.C. former Sec. 114 (now Sec. 1393, 1441) provides: All prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district. The word 'prosecutions,' as used in this statute, does not include the finding and return of an indictment. The prevailing practice of impaneling a grand jury for the entire district at a session in some division and of distributing the indictments among the divisions in which the offenses were committed is deemed proper and legal, Salinger v. Loisel, 265 U.S. 224, 237. The court stated that this practice is 'attended with real advantages.' The rule is a restatement of existing law and is intended to sanction the continuance of this practice. For this reason, the rule requires that only the trial be held in the division in which the offense was committed and permits other proceedings to be had elsewhere in the same district. 2. Within the framework of the foregoing constitutional provisions and the provisions of the general statute, 28 U.S.C. 114 (now 1393, 1441), supra, numerous statutes have been enacted to regulate the venue of criminal proceedings, particularly in respect to continuing offenses and offenses consisting of several transactions occurring in different districts. Armour Packing Co. v. United States, 209 U.S. 56, 73-77; United States v. Johnson, 323 U.S. 273. These special venue provisions are not affected by the rule. Among these statutes are the following: U.S.C., Title 8: Section 138 (see 1326, 1328, 1329) (Importation of aliens for immoral purposes; attempt to reenter after deportation; penalty) U.S.C., Title 15: Section 78aa (Regulation of Securities Exchanges; jurisdiction of offenses and suits) Section 79y (Control of Public Utility Holding Companies; jurisdiction of offenses and suits) Section 80a-43 (Investment Companies; jurisdiction of offenses and suits) Section 80b-14 (Investment Advisers; jurisdiction of offenses and suits) Section 298 (Falsely Stamped Gold or Silver, etc., violations of law; penalty; jurisdiction of prosecutions) Section 715i (Interstate Transportation of Petroleum Products; restraining violations; civil and criminal proceedings; jurisdiction of District Courts; review) Section 717u (Natural Gas Act; jurisdiction of offenses; enforcement of liabilities and duties) U.S.C., Title 18: Section 39 (now 5, 3241) (Enforcement of neutrality; United States defined; jurisdiction of offenses; prior offenses; partial invalidity of provisions) Section 336 (now 1302) (Lottery, or gift enterprise circulars not mailable; place of trial) Section 338a (now 876, 3239) (Mailing threatening communications) Section 338b (now 877, 3239) (Same; mailing in foreign country for delivery in the United States) Section 345 (now 1717) (Using or attempting to use mails for transmission of matter declared nonmailable by title; jurisdiction of offense) Section 396e (now 1762) (Transportation or importation of convict-made goods with intent to use in violation of local law; jurisdiction of violations) Section 401 (now 2421) (White slave traffic; jurisdiction of prosecutions) Section 408 (now 10, 2311 to 2313) (Motor vehicles; transportation, etc., of stolen vehicles) Section 408d (now 875, 3239) (Threatening communications in interstate commerce) Section 408e (now 1073) (Moving in interstate or foreign commerce to avoid prosecution for felony or giving testimony) Section 409 (now 659, 660, 2117) (Larceny, etc., of goods in interstate or foreign commerce; penalty) Section 412 (now 660) (Embezzlement, etc., by officers of carrier; jurisdiction; double jeopardy) Section 418 (now 3237) (National Stolen Property Act; jurisdiction) Section 419d (now 3237) (Transportation of stolen cattle in interstate or foreign commerce; jurisdiction of offense) Section 420d (now 1951) (Interference with trade and commerce by violence, threats, etc., jurisdiction of offenses) Section 494 (now 1654) (Arming vessel to cruise against citizen; trials) Section 553 (now 3236) (Place of committal of murder or manslaughter determined) U.S.C., Title 21: Section 17 (Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded; penalty; jurisdiction of prosecutions) Section 118 (Prevention of introduction and spread of contagion; duty of district attorneys) U.S.C., Title 28: Section 101 (now 18 U.S.C. 3235) (Capital cases) Section 102 (now 18 U.S.C. 3238) (Offenses on the high seas) Section 103 (now 18 U.S.C. 3237) (Offenses begun in one district and completed in another) Section 121 (now 18 U.S.C. 3240) (Creation of new district or division) U.S.C., Title 47: Section 33 (Submarine Cables; jurisdiction and venue of actions and offenses) Section 505 (Special Provisions Relating to Radio; venue of trials) U.S.C., Title 49: Section 41 (now 11902, 11903, 11915, 11916) (Legislation Supplementary to Interstate Commerce Act; liability of corporation carriers and agents; offenses and penalties - (1) Liability of corporation common carriers; offenses; penalties; Jurisdiction) Section 623 (now 1473) (Civil Aeronautics Act; venue and prosecution of offenses) NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The amendment eliminates the requirement that the prosecution shall be in a division in which the offense was committed and vests discretion in the court to fix the place of trial at any place within the district with due regard to the convenience of the defendant and his witnesses. The Sixth Amendment provides that the defendant shall have the right to a trial 'by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law. * * *' There is no constitutional right to trial within a division. See United States v. Anderson, 328 U.S. 699, 704, 705 (1946); Barrett v. United States, 169 U.S. 218 (1898); Lafoon v. United States, 250 F.2d 958 (5th Cir. 1958); Carrillo v. Squier, 137 F.2d 648 (9th Cir. 1943); McNealey v. Johnston, 100 F.2d 280, 282 (9th Cir. 1938). Cf. Platt v. Minnesota Mining and Manufacturing Co., 376 U.S. 240 (1964). The former requirement for venue within the division operated in an irrational fashion. Divisions have been created in only half of the districts, and the differentiation between those districts with and those without divisions often bears no relationship to comparative size or population. In many districts a single judge is required to sit in several divisions and only brief and infrequent terms may be held in particular divisions. As a consequence under the original rule there was often undue delay in the disposition of criminal cases - delay which was particularly serious with respect to defendants who had been unable to secure release on bail pending the holding of the next term of court. If the court is satisfied that there exists in the place fixed for trial prejudice against the defendant so great as to render the trial unfair, the court may, of course, fix another place of trial within the district (if there be such) where such prejudice does not exist. Cf. Rule 21 dealing with transfers between districts. NOTES OF ADVISORY COMMITTEE ON RULES - 1979 AMENDMENT This amendment is intended to eliminate an inconsistency between rule 18, which in its present form has been interpreted not to allow trial in a division other than that in which the offense was committed except as dictated by the convenience of the defendant and witnesses, Dupoint v. United States, 388 F.2d 39 (5th Cir. 1968), and the Speedy Trial Act of 1974. This Act provides: In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district so as to assure a speedy trial. 18 U.S.C. Sec. 3161(a). This provision is intended to 'permit the trial of a case at any place within the judicial district. This language was included in anticipation of problems which might occur in districts with statutory divisions, where it could be difficult to set trial outside the division.' H.R.Rep. No. 93-1508, 93d Cong., 2d Sess. 29 (1974). The change does not offend the venue or vicinage provisions of the Constitution. Article III, Sec. 2, clause 3 places venue (the geographical location of the trial) 'in the State where the said Crimes shall have been committed,' while the Sixth Amendment defines the vicinage (the geographical location of the jurors) as 'the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.' The latter provision makes 'no reference to a division within a judicial district.' United States v. James, 528 F.2d 999 (5th Cir. 1976). 'It follows a fortiori that when a district is not separated into divisions, * * * trial at any place within the district is allowable under the Sixth Amendment * * *.' United States v. Fernandez, 480 F.2d 726 (2d Cir. 1973). See also Zicarelli v. Gray, 543 F.2d 466 (3d Cir. 1976) and cases cited therein. Nor is the change inconsistent with the Declaration of Policy in the Jury Selection and Service Act of 1968, which reads: It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes. 28 U.S.C. Sec. 1861. This language does not mean that the Act requires 'the trial court to convene not only in the district but also in the division wherein the offense occurred,' as: There is no hint in the statutory history that the Jury Selection Act was intended to do more than provide improved judicial machinery so that grand and petit jurors would be selected at random by the use of objective qualification criteria to ensure a representative cross section of the district or division in which the grand or petit jury sits. United States v. Cates, 485 F.2d 26 (1st Cir. 1974). The amendment to rule 18 does not eliminate either of the existing considerations which bear upon fixing the place of trial within a district, but simply adds yet another consideration in the interest of ensuring compliance with the requirements of the Speedy Trial Act of 1974. The amendment does not authorize the fixing of the place of trial for yet other reasons. Cf. United States v. Fernandez, 480 F.2d 726 (2d Cir. 1973) (court in the exercise of its supervisory power held improper the fixing of the place of trial 'for no apparent reason other than the convenience of the judge'). -CROSS- CROSS REFERENCES Constitutional restrictions on venue of criminal prosecutions, see Const. Art. III, sec. 2, cl. 3 and Amend. VI. Divisions within judicial district, see sections 81 et seq. of Title 28, Judiciary and Judicial Procedure. Judicial districts within State, see sections 81 et seq. of Title 28. Transfer from district - For plea and sentence, see rule 20. Or division for trial, see rule 21. Venue - Capital cases, see section 3235 of this title. Creation of new district or division, see section 3240 of this title. Murder or manslaughter, see section 3236 of this title. Offenses begun in one district and completed in another, see section 3237 of this title. Offenses not committed in any district, see section 3238 of this title. ------DocID 9582 Document 5 of 1438------ -CITE- 7 USC CHAPTER 18 -EXPCITE- TITLE 7 CHAPTER 18 -HEAD- CHAPTER 18 - COOPERATIVE MARKETING -MISC1- Sec. 451. Agricultural products defined. 452. Supervision of division of cooperative marketing. 453. Authority and duties of division. 454. Advisers to counsel with Secretary of Agriculture; expenses and subsistence. 455. Dissemination of crop, market, etc., information by cooperative marketing associations. 456. Rules and regulations; appointment, removal, and compensation of employees; expenditures; authorization of appropriations. 457. Separability. ------DocID 11474 Document 6 of 1438------ -CITE- 8 USC Sec. 1 to 18 -EXPCITE- TITLE 8 CHAPTER 1 -HEAD- Sec. 1 to 18. Repealed or Omitted -MISC1- These sections, relating to citizenship, were affected by the Nationality Act of 1940, former section 501 et seq. of this title. That act was passed on Oct. 14, 1940, to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former section 904 of this title. See the notes below for history of individual sections. Section 1, relating to citizenship of persons born in the United States, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. It was from R.S. Sec. 1992, which was revised from act Apr. 9, 1866, ch. 31, Sec. 1, 14 Stat. 27. Similar provisions were contained in former section 601(a) of this title. See section 1401 of this title. Section 2, relating to citizenship of persons born in Territory of Oregon, was from R.S. Sec. 1995, which was revised from act May 18, 1872, ch. 172, Sec. 3, 17 Stat. 134. Sections 3 to 3c, related to citizenship of Indians. Section 3 was from acts Feb. 8, 1887, ch. 119, Sec. 6, 24 Stat. 390; Mar. 3, 1901, ch. 868, 31 Stat. 1447; May 8, 1906, ch. 2348, 34 Stat. 182; Nov. 6, 1919, ch. 95, 41 Stat. 350; Mar. 3, 1921, ch. 120, Sec. 3, 41 Stat. 1250; June 2, 1924, ch. 233, 43 Stat. 253; Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1173. Section 3a was from act June 19, 1930, ch. 544, 46 Stat. 787. Section 3b was from acts May 7, 1934, ch. 221, Sec. 1, 48 Stat. 667; July 23, 1947, ch. 304, Sec. 1, 61 Stat. 414. Section 3c was from act May 7, 1934, ch. 221, Sec. 2, 48 Stat. 667. Section 4, relating to citizenship of Hawaiians, was from act Apr. 30, 1900, ch. 339, Sec. 4, 31 Stat. 141. See section 1405 of this title. Sections 5 and 5a, relating to citizenship of Puerto Ricans, were from act Mar. 2, 1917, ch. 145, Sec. 5, 5a, respectively, 39 Stat. 953, as amended Mar. 4, 1927, ch. 503, Sec. 2, 44 Stat. 1418; May 17, 1932, ch. 190, 47 Stat. 158. See section 1402 of this title. Section 5a-1, making a further extension of time for Puerto Ricans to become citizens in cases of misinformation regarding status, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1174. It was from act May 16, 1938, ch. 225, 52 Stat. 377. See section 1402 of this title. Sections 5b and 5c, relating to citizenship of inhabitants of the Virgin Islands, were from act Feb. 25, 1927, ch. 192, Sec. 1, 3, respectively, 44 Stat. 1234, 1235, as amended May 17, 1932, ch. 190, 47 Stat. 158; June 28, 1932, ch. 283, Sec. 5, 47 Stat. 336. See section 1406 of this title. Sections 5d to 9a were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1174. Sections 5d and 5e, relating to citizenship of persons born in Canal Zone or Panama, were from act Aug. 4, 1937, ch. 563, Sec. 1, 2, respectively, 50 Stat. 558; see section 1403 of this title. Section 6, relating to citizenship of children born outside the United States, was from R.S. Sec. 1993 (revised from acts Apr. 14, 1802, ch. 28, Sec. 4, 2 Stat. 155; Feb. 10, 1855, ch. 71, Sec. 1, 10 Stat. 604); act Mar. 2, 1907, ch. 2534, Sec. 6, 7, 34 Stat. 1229, as amended May 24, 1934, ch. 344, Sec. 1, 48 Stat. 797; see sections 1431 to 1433 of this title. Section 7, relating to citizenship of children of persons naturalized under certain laws, was from R.S. Sec. 2172, which was revised from act Apr. 14, 1802, ch. 28, Sec. 4, 2 Stat. 155; see section 1432 of this title. Section 8, relating to citizenship, upon parent's naturalization, of children born abroad of alien parents, was from act Mar. 2, 1907, ch. 2534, Sec. 5, 34 Stat. 1229, as amended May 24, 1934, ch. 344, Sec. 2, 48 Stat. 797; see section 1432 of this title. Section 9, relating to citizenship of women citizens as affected by marriage, was from acts Sept. 22, 1922, ch. 411, Sec. 3(a), 42 Stat. 1022; July 3, 1930, ch. 835, Sec. 1, 46 Stat. 854; Mar. 3, 1931, ch. 442, Sec. 4(a), 46 Stat. 1511; see section 1435 of this title. Section 9a, relating to repatriation of native-born women married to aliens prior to Sept. 22, 1922, was from act June 25, 1936, ch. 801, 49 Stat. 1917, as amended July 2, 1940, ch. 509, 54 Stat. 715; see section 1435(c) of this title. Section 10, relating to effect of certain repeals on citizenship of women marrying citizens, was from act Sept. 22, 1922, ch. 411, Sec. 6, 42 Stat. 1022. Sections 11 and 12, relating to forfeiture of citizenship for desertion from armed forces, were repealed by acts Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 644, and Sept. 6, 1966, Pub. L. 89-554, Sec. 8, 80 Stat. 632. Section 11 was from R.S. Sec. 1998 (revised from act Mar. 3, 1865, ch. 79, Sec. 21, 13 Stat. 490) as amended by acts Aug. 22, 1912, ch. 336, Sec. 1, 37 Stat. 356; Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 12 was from R.S. Sec. 1996, 1997, which were revised from acts Mar. 3, 1865, ch. 79, Sec. 21, 13 Stat. 490, and July 19, 1867, ch. 28, 15 Stat. 14, respectively; see sections 1481 and 1483 of this title. Sections 13 and 14, relating to protection of citizens when abroad, were transferred to sections 1731 and 1732 of Title 22, Foreign Relations and Intercourse. Section 15, R.S. Sec. 1999 related to right of expatriation. See sections 1482 and 1483 of this title. Sections 16 to 18, relating to loss of citizenship, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 16 was from act Mar. 2, 1907, ch. 2534, Sec. 2, 34 Stat. 1228. Section 17 was from act Mar. 2, 1907, ch. 2534, Sec. 2, 7, 34 Stat. 1228, 1229; see sections 1481(a), 1482 and 1484 of this title. Section 17a was from act May 24, 1934, ch. 344, Sec. 3, 48 Stat. 797; see section 1481(a) of this title. Section 18 was from acts June 29, 1906, ch. 3592, Sec. 4(12), 34 Stat. 596; May 9, 1918, ch. 69, Sec. 1, 40 Stat. 545; June 21, 1930, ch. 559, 46 Stat. 791; see sections 1438(a), 1454, 1455, and 1459 of this title. ------DocID 11917 Document 7 of 1438------ -CITE- 10 USC CHAPTER 18 -EXPCITE- TITLE 10 Subtitle A PART I CHAPTER 18 -HEAD- CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES -MISC1- Sec. 371. Use of information collected during military operations. 372. Use of military equipment and facilities. 373. Training and advising civilian law enforcement officials. 374. Maintenance and operation of equipment. 375. Restriction on direct participation by military personnel. 376. Support not to affect adversely military preparedness. 377. Reimbursement. 378. Nonpreemption of other law. 379. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes. 380. Enhancement of cooperation with civilian law enforcement officials. AMENDMENTS 1989 - Pub. L. 101-189, div. A, title XII, Sec. 1216(a), Nov. 29, 1989, 103 Stat. 1569, in chapter heading substituted '18' for '8'. 1988 - Pub. L. 100-456, div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2043, amended chapter analysis generally substituting, in chapter heading 'CHAPTER 8 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES' for 'CHAPTER 18 - MILITARY COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS', in item 374 'Maintenance and operation of equipment' for 'Assistance by Department of Defense personnel', in item 376 'Support not to affect adversely military preparedness' for 'Assistance not to affect adversely military preparedness' and in item 380 'Enhancement of cooperation with civilian law enforcement officials' for 'Department of Defense drug law enforcement assistance: annual plan'. 1987 - Pub. L. 100-180, div. A, title XII, Sec. 1243(b), Dec. 4, 1987, 101 Stat. 1164, added item 380. 1986 - Pub. L. 99-570, title III, Sec. 3053(b)(2), Oct. 27, 1986, 100 Stat. 3207-76, added item 379. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 18 section 831. ------DocID 14602 Document 8 of 1438------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 18 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS APPEALS -HEAD- Rule 18. Methods of Appeal -STATUTE- (a) The Court will entertain the following appeals: (1) Cases under Article 67(b)(3). Cases under Article 67(b)(3), UCMJ, 10 U.S.C. Sec. 867(b)(3), including decisions by a Court of Military Review on appeal by the United States under Article 62, UCMJ, 10 U.S.C. Sec. 862, may be appealed by the filing of a petition for grant of review by an appellant or by counsel on behalf of an appellant substantially in the form provided in Rule 20(a) or (b). (2) Cases under Article 67(b)(2). Cases under Article 67(b)(2), UCMJ, 10 U.S.C. Sec. 867(b)(2), including decisions by a Court of Military Review on appeal by the United States under Article 62, UCMJ, 10 U.S.C. Sec. 862, which are forwarded by a Judge Advocate General by a certificate for review must be substantially in the form provided in Rule 22(a). (3) Cases under Article 67(b)(1). Cases under Article 67(b)(1), UCMJ, 10 U.S.C. Sec. 867(b)(1), will be forwarded by a Judge Advocate General by the filing of the record with the Court, together with the form prescribed by Rule 23(a). (4) Cases under Rule 4(b)(2). Decisions by a Court of Military Review on petitions for extraordinary relief may be appealed by filing a writ appeal petition and accompanying brief in accordance with Rules 24, 27(b), and 28. (b) In addition, the Court may, in its discretion, entertain petitions for extraordinary relief including, but not limited to, writs of mandamus, writs of prohibition, writs of habeas corpus, and writs of error coram nobis. See Rules 4(b)(1), 27(a) and 28. -SOURCE- (As amended Oct. 1, 1987.) -REFTEXT- REFERENCES IN TEXT Article 67(b), UCMJ, 10 U.S.C. Sec. 867(b), referred to in subsec. (a)(1), (2), and (3), was redesignated Article 67(a), UCMJ, 10 U.S.C. Sec. 867(a), by Pub. L. 101-189, div. A, title XIII, Sec. 1301(a)(2), Nov. 29, 1989, 103 Stat. 1569. ------DocID 14658 Document 9 of 1438------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 18 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 18. Orders and decisions of the court -STATUTE- The Court shall give notice of its orders and decisions pursuant to Rule for Courts-Martial 1203. The Court shall immediately serve such orders or decisions, when rendered, on appellate defense counsel, government counsel and The Judge Advocate General, or designee, as appropriate. ------DocID 15150 Document 10 of 1438------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 18 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 18. - Special Power of Attorney -STATUTE- (CAPTION AS IN FORM NO. 2) SPECIAL POWER OF ATTORNEY To XXX XXXXX of *XXXXXXXX, and XXXXXXXX of *XXXXXXXX: The undersigned claimant hereby authorizes you, or any one of you, as attorney in fact for the undersigned (if desired: and with full power of substitution,) to attend the meeting of creditors of the debtor or any adjournment thereof, and to vote in my behalf on any question that may be lawfully submitted to creditors at such meeting or adjourned meeting, and for a trustee or trustees of the estate of the debtor. Dated: XXXXXX Signed: XXXXXXXXXX (If appropriate) By XXXXXXXXXX as XXXXXXXXXX Address: XXXXXXXXXX, XXXXXXXXXX (If executed by an individual) Acknowledged before me on XXXXXX. (If executed on behalf of a partnership) Acknowledged before me on XXXXXX, by XXXXXXXX, who says that he (or she) is a member of the partnership named above and is authorized to execute this power of attorney in its behalf. (If executed on behalf of a corporation) Acknowledged before me on XXXXXX, by XXXXXXXX, who says that he (or she) is XXXXXX of the corporation named above and is authorized to execute this power of attorney in its behalf. XXXXXXXXXXXX XXXXXXXXXXXX (Official character.) * State mailing address. -SOURCE- (As amended Sept. 19, 1986, eff. Sept. 19, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES A special power of attorney shall conform substantially with this official form, as provided in Rule 9010(c), but it may grant either more or less authority in accordance with the language used. The form is derived from former Official Form No. 14. ------DocID 16073 Document 11 of 1438------ -CITE- 12 USC Sec. 1715z-18 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1715z-18. Shared appreciation mortgages for multifamily housing -STATUTE- (a) Five or more family units; requirements Notwithstanding any provision of this subchapter that is inconsistent with this section, the Secretary may insure, under any provision of this subchapter providing for insurance of mortgages on properties including 5 or more family units, a mortgage secured by a first lien on the property that (1) provides for the mortgagee to share in a predetermined percentage of the property's net appreciated value; and (2) meets such other conditions, including limitations on the rate of interest which may be charged, as the Secretary may require by regulation. (b) Payment of mortgagee's share of net appreciated value; term of mortgage; repayment; 'net appreciated value' defined The mortgagee's share of a property's net appreciated value shall be payable upon maturity or upon payment in full of the loan or sale or transfer (as defined by the Secretary) of the property, whichever occurs first. The term of the mortgage shall not be less than 15 years, and shall be repayable in equal monthly installments of principal and fixed interest during the mortgage term in an amount which would be sufficient to retire a debt with the same principal and fixed interest rate over a period not exceeding 30 years. In the case of a mortgage which will not be completely amortized during the mortgage term, the principal obligation of the mortgage may not exceed 85 percent of the estimated value of the property or project. For purposes of this section, the term 'net appreciated value' means the amount by which the sales price of the property (less the mortgagor's selling costs) exceeds the actual project cost after completion, as approved by the Secretary. If there has been no sale or transfer at the time the mortgagee's share of net appreciated value becomes payable, the sales price for purposes of this section shall be determined by means of an appraisal conducted in accordance with procedures approved by the Secretary and provided for in the mortgage. (c) Entitlement of mortgagee upon default In the event of a default, the mortgagee shall be entitled to receive the benefits of insurance in accordance with section 1713 of this title, but such insurance benefits shall not include the mortgagee's share of net appreciated value. The term 'original principal face amount of the mortgage' as used in section 1713 of this title shall not include the mortgagee's share of net appreciated value. (d) Maximum percentage of net appreciated value; disclosure requirements The Secretary shall establish by regulation the maximum percentage of net appreciated value which may be payable to a mortgagee as the mortgagee's share. The Secretary shall also establish disclosure requirements applicable to mortgagees making mortgage loans pursuant to this section, to assure that mortgagors are informed of the characteristics of such mortgages. (e) Inapplicability of State constitution, statute, etc., limiting or prohibiting increases in outstanding loan balance Mortgages insured pursuant to this section which contain provisions for sharing appreciation or which otherwise require or permit increases in the outstanding loan balance which are authorized under this section or under applicable regulations shall not be subject to any State constitution, statute, court decree, common law, rule, or public policy limiting or prohibiting increases in the outstanding loan balance after execution of the mortgage. (f) Number of dwelling units The number of dwelling units included in properties covered by mortgages insured pursuant to this section in any fiscal year may not exceed 5,000. -SOURCE- (June 27, 1934, ch. 847, title II, Sec. 253, as added Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 445, 97 Stat. 1226, and amended Feb. 5, 1988, Pub. L. 100-242, title IV, Sec. 429(j), 101 Stat. 1919.) -MISC1- AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-242, Sec. 429(j)(1), substituted 'For purposes of this section, the term 'net appreciated value' means the amount by which the sales price of the property (less the mortgagor's selling costs) exceeds the actual project cost after completion, as approved by the Secretary' for 'For purposes of this section, the term 'net appreciated value' means the amount by which the sales price of the property (less the mortgagor's selling costs) exceeds the value (or replacement cost, as appropriate) of the property at the time the commitment to insure is issued (with adjustments for capital improvements stipulated in the loan contract)'. Subsec. (c). Pub. L. 100-242, Sec. 429(j)(2), (3), substituted 'in accordance with section 1713 of this title' for 'in accordance with section 1710 of this title' and 'The term 'original principal face amount of the mortgage' as used in section 1713 of this title shall not include the mortgagee's share of net appreciated value' for 'The term 'original principal obligation of the mortgage' as used in section 1710(a) of this title shall not include the mortgagee's share of net appreciated value'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1709 of this title. ------DocID 16134 Document 12 of 1438------ -CITE- 12 USC Sec. 1735f-18 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER V -HEAD- Sec. 1735f-18. Information regarding early defaults and foreclosures on insured mortgages -STATUTE- (a) In general The Secretary of Housing and Urban Development shall collect and maintain information regarding early defaults on mortgages as provided under this section. The Secretary shall make such information available for public inspection upon request. Information shall be collected quarterly with respect to each applicable collection period (as such term is defined in subsection (c) of this section) and shall be available for inspection not more than 30 days after the conclusion of the calendar quarter relating to each such period. Information shall first be made available under this section for the applicable collection period relating to the first calendar quarter ending more than 180 days after November 28, 1990. (b) Contents (1) Mortgage lender analysis Information collected under this section shall include, for each lender originating mortgages during the applicable collection period that are insured pursuant to section 1709 of this title and secured by property in a designated census tract, the following information with respect to such mortgages: (A) The name of the lender and the number of each designated census tract in which the lender originated 1 or more such mortgages during the applicable collection period. (B) The total number of such mortgages originated by such lender during the applicable collection period in each designated census tract and the number of mortgages originated each year in each designated census tract. (C) The total number of defaults and foreclosures on such mortgages during the applicable collection period in each designated census tract and the number of defaults and foreclosures in each designated census tract in each year of the period. (D) For each designated census tract, the percentage of such lender's total insured mortgages originated during each year of the applicable collection period (with respect to properties within such census tract) on which defaults or foreclosures have occurred during the applicable collection period. (E) The total of all such originations, defaults, and foreclosures on insured mortgages originated by such lender during the applicable collection period for all designated census tracts and the percentage of the total number of such lender's insured mortgage originations on which defaults or foreclosures have occurred during the applicable collection period. (2) Other information Information collected under this section shall also include the following: (A) For each lender referred to under paragraph (1), the total number of insured mortgages originated by the lender secured by properties not located in a designated census tract, the total number of defaults and foreclosures on such mortgages, and the percentage of such mortgages originated on which defaults or foreclosures occurred during the applicable collection period. (B) For each designated census tract, the total number of mortgages originated during the applicable collection period that are insured pursuant to section 1709 of this title, the number of defaults and foreclosures occurring on such mortgages during such period, and the percentage of the total insured mortgage originations during the period on which defaults or foreclosures occurred. (c) Annual reports The Secretary shall submit to the Congress annually a report containing the information collected and maintained under subsection (b) of this section for the relevant year. (d) Definitions For purposes of this section: (1) Applicable collection period The term 'applicable collection period' means the 5-year period ending on the last day of the calendar quarter for which information under this section is collected. (2) Designated census tract The term 'designated census tract' means a census tract located within a metropolitan statistical area, as defined pursuant to regulations issued by the Secretary of Commerce. -SOURCE- (June 27, 1934, ch. 847, title V, Sec. 540, as added Nov. 28, 1990, Pub. L. 101-625, title III, Sec. 335(a), 104 Stat. 4142.) -MISC1- AVAILABILITY OF INFORMATION REGARDING DEFAULT/CLAIM RATES DURING TRANSITION Section 335(b) of Pub. L. 101-625 provided that: 'During the period beginning on the date of the enactment of this Act (Nov. 28, 1990) and ending on the date of the initial availability of information under section 540 of the National Housing Act (12 U.S.C. 1735f-18) (as added by subsection (a)), the Secretary of Housing and Urban Development shall make publicly available all reports regarding Default/Claim Rates per Regional Office for Fiscal Year 1990 Endorsements that are produced by the Department of Housing and Urban Development during such period.' ------DocID 16218 Document 13 of 1438------ -CITE- 12 USC Sec. 1749bbb-18 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-C Part D -HEAD- Sec. 1749bbb-18. Utilization of services and facilities of other agencies -STATUTE- The Director may, with the consent of the agency concerned, accept and utilize, on a reimbursable basis, the officers, employees, services, facilities, and information of any agency of the Federal Government, except that any such agency having custody of any data relating to any of the matters within the jurisdiction of the Director shall, to the extent permitted by law, upon request of the Director makes such data available to the Director. -SOURCE- (June 27, 1934, ch. 847, title XII, Sec. 1248, formerly Sec. 1238, as added Aug. 1, 1968, Pub. L. 90-448, title XI, Sec. 1103, 82 Stat. 566, renumbered Dec. 31, 1970, Pub. L. 91-609, title VI, Sec. 602(d), 84 Stat. 1789, and amended Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 452(b)(1), 97 Stat. 1230.) -MISC1- AMENDMENTS 1983 - Pub. L. 98-181 substituted 'Director' for 'Secretary' wherever appearing. ------DocID 16356 Document 14 of 1438------ -CITE- 12 USC CHAPTER 18 -EXPCITE- TITLE 12 CHAPTER 18 -HEAD- CHAPTER 18 - BANK SERVICE CORPORATIONS -MISC1- Sec. 1861. Short title and definitions. 1862. Amount of investment in bank service corporation. 1863. Permissible bank service corporation activities for depository institutions. 1864. Permissible bank service corporation activities for other persons. (a) Services permissible other than taking deposits. (b) Services to be performed in State where shareholders are located. (c) Performance where State bank is shareholder. (d) Performance where national bank is shareholder. (e) Performance where State bank and national bank are shareholders. (f) Geographic location. 1865. Prior approval for investments in bank service corporations. (a) Approval of Federal banking agency. (b) Approval of Board. (c) Considerations in determining approval. (d) Failure to act on application for approval. 1866. Services to nonstockholders. 1867. Regulation and examination of bank service corporations. (a) Principal investor. (b) Applicability of section 1818 of this title. (c) Services performed by contract or otherwise. (d) Issuance of regulations and orders. ------DocID 17457 Document 15 of 1438------ -CITE- 15 USC Sec. 18 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 18. Acquisition by one corporation of stock of another -STATUTE- No person engaged in commerce or in any activity affecting commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of another person engaged also in commerce or in any activity affecting commerce, where in any line of commerce or in any activity affecting commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly. No person shall acquire, directly or indirectly, the whole or any part of the stock or other share capital and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of one or more persons engaged in commerce or in any activity affecting commerce, where in any line of commerce or in any activity affecting commerce in any section of the country, the effect of such acquisition, of such stocks or assets, or of the use of such stock by the voting or granting of proxies or otherwise, may be substantially to lessen competition, or to tend to create a monopoly. This section shall not apply to persons purchasing such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition. Nor shall anything contained in this section prevent a corporation engaged in commerce or in any activity affecting commerce from causing the formation of subsidiary corporations for the actual carrying on of their immediate lawful business, or the natural and legitimate branches or extensions thereof, or from owning and holding all or a part of the stock of such subsidiary corporations, when the effect of such formation is not to substantially lessen competition. Nor shall anything herein contained be construed to prohibit any common carrier subject to the laws to regulate commerce from aiding in the construction of branches or short lines so located as to become feeders to the main line of the company so aiding in such construction or from acquiring or owning all or any part of the stock of such branch lines, nor to prevent any such common carrier from acquiring and owning all or any part of the stock of a branch or short line constructed by an independent company where there is no substantial competition between the company owning the branch line so constructed and the company owning the main line acquiring the property or an interest therein, nor to prevent such common carrier from extending any of its lines through the medium of the acquisition of stock or otherwise of any other common carrier where there is no substantial competition between the company extending its lines and the company whose stock, property, or an interest therein is so acquired. Nothing contained in this section shall be held to affect or impair any right heretofore legally acquired: Provided, That nothing in this section shall be held or construed to authorize or make lawful anything heretofore prohibited or made illegal by the antitrust laws, nor to exempt any person from the penal provisions thereof or the civil remedies therein provided. Nothing contained in this section shall apply to transactions duly consummated pursuant to authority given by the Secretary of Transportation, Federal Communications Commission, Federal Power Commission, Interstate Commerce Commission, the Securities and Exchange Commission in the exercise of its jurisdiction under section 79j of this title, the United States Maritime Commission, or the Secretary of Agriculture under any statutory provision vesting such power in such Commission or Secretary. -SOURCE- (Oct. 15, 1914, ch. 323, Sec. 7, 38 Stat. 731; Dec. 29, 1950, ch. 1184, 64 Stat. 1125; Sept. 12, 1980, Pub. L. 96-349, Sec. 6(a), 94 Stat. 1157; Oct. 4, 1984, Pub. L. 98-443, Sec. 9(l), 98 Stat. 1708.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-443 substituted 'Secretary of Transportation' for 'Civil Aeronautics Board' and 'Commission or Secretary' for 'Commission, Secretary, or Board' in sixth par. 1980 - Pub. L. 96-349, substituted 'person' for 'corporation' wherever appearing in first and second pars.; substituted 'persons' for 'corporations' in second par. and first sentence of third par.; and inserted 'or in any activity affecting commerce' after 'commerce' wherever appearing in first, second, and third pars. 1950 - Act Dec. 29, 1950, amended section generally so as to prohibit the acquisition of the whole or any part of the assets of another corporation when the effect of the acquisition may substantially lessen competition or tend to create a monopoly. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1980 AMENDMENT Section 6(b) of Pub. L. 96-349 provided that: 'The amendments made by this section (amending this section) shall apply only with respect to acquisitions made after the date of the enactment of this Act (Sept. 12, 1980).' -TRANS- TRANSFER OF FUNCTIONS Federal Power Commission terminated and functions, personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. Executive and administrative functions of Maritime Commission transferred to Chairman of Maritime Commission by Reorg. Plan No. 6 of 1949, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1069, set out in the Appendix to Title 5, Government Organization and Employees. See, also, notes set out under section 1111 of Title 46, Appendix, Shipping. United States Maritime Commission abolished by Reorg. Plan No. 21 of 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, which transferred part of its functions and part of functions of its Chairman, to Federal Maritime Board and Chairman thereof, such Board having been created by that Plan as an agency within Department of Commerce with an independent status in some respects, and transferred remainder of such Commission's functions and functions of its Chairman to Secretary of Commerce, with power vested in Secretary to authorize their performance by Maritime Administrator (the head of Maritime Administration, which likewise established by the Plan in Department of Commerce) with provision that Chairman of Federal Maritime Board should, ex officio, be such Administrator. Section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840, set out in the Appendix to Title 5, abolished Federal Maritime Board, including offices of members of Board. Functions of Board transferred either to Federal Maritime Commission or Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961. Maritime Administration of Department of Commerce transferred to Department of Transportation, and all related functions of Secretary and other officers and offices of Department of Commerce transferred to Department of Transportation and vested in Secretary of Transportation, see section 1601 et seq. of Title 46, Appendix, Shipping. -CROSS- CROSS REFERENCES Acquisition of stock of export trade corporation, see section 63 of this title. Administrative authority to enforce compliance with this section, see section 21 of this title. Divestment of stock held contrary to the provisions of this section, see section 21 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 18a, 21, 26, 63 of this title. ------DocID 17760 Document 16 of 1438------ -CITE- 15 USC Sec. 80a-18 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-18. Capital structure of investment companies -STATUTE- (a) Qualifications on issuance of senior securities It shall be unlawful for any registered closed-end company to issue any class of senior security, or to sell any such security of which it is the issuer, unless - (1) if such class of senior security represents an indebtedness - (A) immediately after such issuance or sale, it will have an asset coverage of at least 300 per centum; (B) provision is made to prohibit the declaration of any dividend (except a dividend payable in stock of the issuer), or the declaration of any other distribution, upon any class of the capital stock of such investment company, or the purchase of any such capital stock, unless, in every such case, such class of senior securities has at the time of the declaration of any such dividend or distribution or at the time of any such purchase an asset coverage of at least 300 per centum after deducting the amount of such dividend, distribution, or purchase price, as the case may be, except that dividends may be declared upon any preferred stock if such senior security representing indebtedness has an asset coverage of at least 200 per centum at the time of declaration thereof after deducting the amount of such dividend; and (C) provision is made either - (i) that, if on the last business day of each of twelve consecutive calendar months such class of senior securities shall have an asset coverage of less than 100 per centum, the holders of such securities voting as a class shall be entitled to elect at least a majority of the members of the board of directors of such registered company, such voting right to continue until such class of senior security shall have an asset coverage of 110 per centum or more on the last business day of each of three consecutive calendar months, or (ii) that, if on the last business day of each of twenty-four consecutive calendar months such class of senior securities shall have an asset coverage of less than 100 per centum, an event of default shall be deemed to have occurred; (2) if such class of senior security is a stock - (A) immediately after such issuance or sale it will have an asset coverage of at least 200 per centum; (B) provision is made to prohibit the declaration of any dividend (except a dividend payable in common stock of the issuer), or the declaration of any other distribution, upon the common stock of such investment company, or the purchase of any such common stock, unless in every such case such class of senior security has at the time of the declaration of any such dividend or distribution or at the time of any such purchase an asset coverage of at least 200 per centum after deducting the amount of such dividend, distribution or purchase price, as the case may be; (C) provision is made to entitle the holders of such senior securities, voting as a class, to elect at least two directors at all times, and, subject to the prior rights, if any, of the holders of any other class of senior securities outstanding, to elect a majority of the directors if at any time dividends on such class of securities shall be unpaid in an amount equal to two full years' dividends on such securities, and to continue to be so represented until all dividends in arrears shall have been paid or otherwise provided for; (D) provision is made requiring approval by the vote of a majority of such securities, voting as a class, of any plan of reorganization adversely affecting such securities or of any action requiring a vote of security holders as in section 80a-13(a) of this title provided; and (E) such class of stock shall have complete priority over any other class as to distribution of assets and payment of dividends, which dividends shall be cumulative. (b) Asset coverage in respect of senior securities The asset coverage in respect of a senior security provided for in subsection (a) of this section may be determined on the basis of values calculated as of a time within forty-eight hours (not including Sundays or holidays) next preceding the time of such determination. The time of issue or sale shall, in the case of an offering of such securities to existing stockholders of the issuer, be deemed to be the first date on which such offering is made, and in all other cases shall be deemed to be the time as of which a firm commitment to issue or sell and to take or purchase such securities shall be made. (c) Prohibitions relating to issuance of senior securities Notwithstanding the provisions of subsection (a) of this section it shall be unlawful for any registered closed-end investment company to issue or sell any senior security representing indebtedness if immediately thereafter such company will have outstanding more than one class of senior security representing indebtedness, or to issue or sell any senior security which is a stock if immediately thereafter such company will have outstanding more than one class of senior security which is a stock, except that (1) any such class of indebtedness or stock may be issued in one or more series: Provided, That no such series shall have a preference or priority over any other series upon the distribution of the assets of such registered closed-end company or in respect of the payment of interest or dividends, and (2) promissory notes or other evidences of indebtedness issued in consideration of any loan, extension, or renewal thereof, made by a bank or other person and privately arranged, and not intended to be publicly distributed, shall not be deemed to be a separate class of senior securities representing indebtedness within the meaning of this subsection. (d) Warrants and rights to subscription It shall be unlawful for any registered management company to issue any warrant or right to subscribe to or purchase a security of which such company is the issuer, except in the form of warrants or rights to subscribe expiring not later than one hundred and twenty days after their issuance and issued exclusively and ratably to a class or classes of such company's security holders; except that any warrant may be issued in exchange for outstanding warrants in connection with a plan of reorganization. (e) Application of section to specific senior securities The provisions of this section shall not apply to any senior securities issued or sold by any registered closed-end company - (1) for the purpose of refunding through payment, purchase, redemption, retirement, or exchange, any senior security of such registered investment company except that no senior security representing indebtedness shall be so issued or sold for the purpose of refunding any senior security which is a stock; or (2) pursuant to any plan of reorganization (other than for refunding as referred to in subsection (e)(2) (FOOTNOTE 1) of this section), provided - (FOOTNOTE 1) So in original. Probably should be subsection '(e)(1)'. (A) that such senior securities are issued or sold for the purpose of substituting or exchanging such senior securities for outstanding senior securities, and if such senior securities represent indebtedness they are issued or sold for the purpose of substituting or exchanging such senior securities for outstanding senior securities representing indebtedness, of any registered investment company which is a party to such plan of reorganization; or (B) that the total amount of such senior securities so issued or sold pursuant to such plan does not exceed the total amount of senior securities of all the companies which are parties to such plan, and the total amount of senior securities representing indebtedness so issued or sold pursuant to such plan does not exceed the total amount of senior securities representing indebtedness of all such companies, or, alternatively, the total amount of such senior securities so issued or sold pursuant to such plan does not have the effect of increasing the ratio of senior securities representing indebtedness to the securities representing stock or the ratio of senior securities representing stock to securities junior thereto when compared with such ratios as they existed before such reorganization. (f) Senior securities securing loans from bank; securities not included in 'senior security' (1) It shall be unlawful for any registered open-end company to issue any class of senior security or to sell any senior security of which it is the issuer, except that any such registered company shall be permitted to borrow from any bank: Provided, That immediately after any such borrowing there is an asset coverage of at least 300 per centum for all borrowings of such registered company: And provided further, That in the event that such asset coverage shall at any time fall below 300 per centum such registered company shall, within three days thereafter (not including Sundays and holidays) or such longer period as the Commission may prescribe by rules and regulations, reduce the amount of its borrowings to an extent that the asset coverage of such borrowings shall be at least 300 per centum. (2) 'Senior security' shall not, in the case of a registered open-end company, include a class or classes or a number of series of preferred or special stock each of which is preferred over all other classes or series in respect of assets specifically allocated to that class or series: Provided, That (A) such company has outstanding no class or series of stock which is not so preferred over all other classes or series, or (B) the only other outstanding class of the issuer's stock consists of a common stock upon which no dividend (other than a liquidating dividend) is permitted to be paid and which in the aggregate represents not more than one-half of 1 per centum of the issuer's outstanding voting securities. For the purpose of insuring fair and equitable treatment of the holders of the outstanding voting securities of each class or series of stock of such company, the Commission may by rule, regulation, or order direct that any matter required to be submitted to the holders of the outstanding voting securities of such company shall not be deemed to have been effectively acted upon unless approved by the holders of such percentage (not exceeding a majority) of the outstanding voting securities of each class or series of stock affected by such matter as shall be prescribed in such rule, regulation, or order. (g) 'Senior security' defined Unless otherwise provided: 'Senior security' means any bond, debenture, note, or similar obligation or instrument constituting a security and evidencing indebtedness, and any stock of a class having priority over any other class as to distribution of assets or payment of dividends; and 'senior security representing indebtedness' means any senior security other than stock. The term 'senior security', when used in subparagraphs (B) and (C) of paragraph (1) of subsection (a) of this section, shall not include any promissory note or other evidence of indebtedness issued in consideration of any loan, extension, or renewal thereof, made by a bank or other person and privately arranged, and not intended to be publicly distributed; nor shall such term, when used in this section, include any such promissory note or other evidence of indebtedness in any case where such a loan is for temporary purposes only and in an amount not exceeding 5 per centum of the value of the total assets of the issuer at the time when the loan is made. A loan shall be presumed to be for temporary purposes if it is repaid within sixty days and is not extended or renewed; otherwise it shall be presumed not to be for temporary purposes. Any such presumption may be rebutted by evidence. (h) 'Asset coverage' defined 'Asset coverage' of a class of senior security representing an indebtedness of an issuer means the ratio which the value of the total assets of such issuer, less all liabilities and indebtedness not represented by senior securities, bears to the aggregate amount of senior securities representing indebtedness of such issuer. 'Asset coverage' of a class of senior security of an issuer which is a stock means the ratio which the value of the total assets of such issuer, less all liabilities and indebtedness not represented by senior securities, bears to the aggregate amount of senior securities representing indebtedness of such issuer plus the aggregate of the involuntary liquidation preference of such class of senior security which is a stock. The involuntary liquidation preference of a class of senior security which is a stock shall be deemed to mean the amount to which such class of senior security would be entitled on involuntary liquidation of the issuer in preference to a security junior to it. (i) Future issuance of stock as voting stock; exceptions Except as provided in subsection (a) of this section, or as otherwise required by law, every share of stock hereafter issued by a registered management company (except a common-law trust of the character described in section 80a-16(c) of this title) shall be a voting stock and have equal voting rights with every other outstanding voting stock: Provided, That this subsection shall not apply to shares issued pursuant to the terms of any warrant or subscription right outstanding on March 15, 1940, or any firm contract entered into before March 15, 1940, to purchase such securities from such company nor to shares issued in accordance with any rules, regulations, or orders which the Commission may make permitting such issue. (j) Securities issued by registered face-amount certificate company Notwithstanding any provision of this subchapter, it shall be unlawful, after August 22, 1940, for any registered face-amount certificate company - (1) to issue, except in accordance with such rules, regulations, or orders as the Commission may prescribe in the public interest or as necessary or appropriate for the protection of investors, any security other than (A) a face-amount certificate; (B) a common stock having a par value and being without preference as to dividends or distributions and having at least equal voting rights with any outstanding security of such company; or (C) short-term payment or promissory notes or other indebtedness issued in consideration of any loan, extension, or renewal thereof, made by a bank or other person and privately arranged and not intended to be publicly offered; (2) if such company has outstanding any security, other than such face-amount certificates, common stock, promissory notes, or other evidence of indebtedness, to make any distribution or declare or pay any dividend on any capital security in contravention of such rules and regulations or orders as the Commission may prescribe in the public interest or as necessary or appropriate for the protection of investors or to insure the financial integrity of such company, to prevent the impairment of the company's ability to meet its obligations upon its face-amount certificates; or (3) to issue any of its securities except for cash or securities including securities of which such company is the issuer. (k) Application of section to companies operating under Small Business Investment Act provisions The provisions of subparagraphs (A) and (B) of paragraph (1) of subsection (a) of this section shall not apply to investment companies operating under the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.), and the provisions of paragraph (2) of said subsection shall not apply to such companies so long as such class of senior security shall be held or guaranteed by the Small Business Administration. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 18, 54 Stat. 817; Aug. 21, 1958, Pub. L. 85-699, title III, Sec. 307(c), 72 Stat. 694; Dec. 14, 1970, Pub. L. 91-547, Sec. 10, 84 Stat. 1421; Aug. 21, 1958, Pub. L. 85-699, title III, Sec. 319, as added Oct. 27, 1972, Pub. L. 92-595, Sec. 2(g), 86 Stat. 1316; June 4, 1975, Pub. L. 94-29, Sec. 28(4), 89 Stat. 165; Dec. 4, 1987, Pub. L. 100-181, title VI, Sec. 613, 101 Stat. 1261.) -REFTEXT- REFERENCES IN TEXT The Small Business Investment Act of 1958, referred to in subsec. (k), is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, as amended, which is classified principally to chapter 14B (Sec. 661 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables. -MISC2- AMENDMENTS 1987 - Subsec. (e). Pub. L. 100-181 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: 'pursuant to any firm contract to purchase or sell entered into prior to March 15, 1940;'. 1975 - Subsec. (i). Pub. L. 94-29 substituted 'section 80a-16(c) of this title' for 'section 80a-16(b) of this title'. 1972 - Subsec. (k). Section 319 of Pub. L. 85-699, as added by Pub. L. 92-595, inserted provision that subsec. (a)(2) shall not apply to companies operating under the Small Business Investment Act of 1958, so long as such class of senior security shall be held or guaranteed by the Small Business Administration. 1970 - Subsec. (f)(2). Pub. L. 91-547 substituted 'That (A)' and 'or (B) the' for '(A) That' and 'or (B) that the' and inserted provision for purpose of insuring fair and equitable treatment of the holders of the outstanding voting securities of each class or series of stock of such company, that the Commission may by rule, regulation, or order direct that any matter required to be submitted to the holders of the outstanding voting securities of such company shall not be deemed to have been effectively acted upon unless approved by the holders of such percentage (not exceeding a majority) of the outstanding voting securities of each class or series of stock affected by such matter as shall be prescribed in such rule, regulation, or order. 1958 - Subsec. (k). Pub. L. 85-699 added subsec. (k). EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-29 effective June 4, 1975, see section 31(a) of Pub. L. 94-29, set out as a note under section 78b of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective Dec. 14, 1970, see section 30 of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -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 Sale by closed-end company of common stock upon warrant, see section 80a-23 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-23, 80a-60 of this title. ------DocID 17827 Document 17 of 1438------ -CITE- 15 USC Sec. 80b-18 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER II -HEAD- Sec. 80b-18. Hiring and leasing authority of Commission -STATUTE- The provisions of section 78d(b) of this title shall be applicable with respect to the power of the Commission - (1) to appoint and fix the compensation of such other employees as may be necessary for carrying out its functions under this subchapter, and (2) to lease and allocate such real property as may be necessary for carrying out its functions under this subchapter. -SOURCE- (Aug. 22, 1940, ch. 686, title II, Sec. 218, 54 Stat. 857; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Nov. 15, 1990, Pub. L. 101-550, title I, Sec. 104(d), 104 Stat. 2714.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-550 amended section generally. Prior to amendment, section related to appointment and compensation of employees. 1949 - Act Oct. 28, 1949, substituted 'Classification Act of 1949' for 'Classification Act of 1923'. REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. -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. ------DocID 18334 Document 18 of 1438------ -CITE- 15 USC CHAPTER 18 -EXPCITE- TITLE 15 CHAPTER 18 -HEAD- CHAPTER 18 - TRANSPORTATION OF FIREARMS ------DocID 19599 Document 19 of 1438------ -CITE- 16 USC Sec. 18 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 18. Promotion of tourist travel -STATUTE- The Secretary of Commerce shall encourage, promote, and develop travel within the United States, including any Commonwealth, territory, and possession thereof, through activities which are in the public interest and which do not compete with activities of any State, city, or private agency. -SOURCE- (July 19, 1940, ch. 642, Sec. 1, 54 Stat. 773; Dec. 19, 1973, Pub. L. 93-193, Sec. 2, 87 Stat. 765; July 9, 1975, Pub. L. 94-55, Sec. 2(b), 89 Stat. 262.) -MISC1- AMENDMENTS 1975 - Pub. L. 94-55 substituted 'shall encourage, promote, and develop travel within the United States, including any Commonwealth, territory, and possession thereof, through activities which are in the public interest and which do not compete with activities of any State, city, or private agency' for 'is authorized and directed to encourage, promote, and develop travel within the United States, its Territories and possessions, providing such activities do not compete with the activities of private agencies; and to administer all existing travel promotion functions of the Department of Commerce'. -TRANS- TRANSFER OF FUNCTIONS Section 2 of Pub. L. 93-193, Dec. 19, 1973, 87 Stat. 765, provided that: '(a) There are hereby transferred to and vested in the Secretary of Commerce all functions, powers, and duties of the Secretary of the Interior and other offices and officers of the Department of the Interior under the Act of July 19, 1940 (54 Stat. 773; 16 U.S.C. 18-18d). '(b) The assets, liabilities, contracts, property, records, authorizations, and allocations, employed, held, used, rising from, available or to be made available in connection with the functions, powers, and duties transferred by subsection (a) of this section are hereby transferred to the Secretary of Commerce.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 18a to 18d of this title. ------DocID 21084 Document 20 of 1438------ -CITE- 16 USC Sec. 460l-18 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIX Part C -HEAD- Sec. 460l-18. Authority of Secretary of the Interior -STATUTE- (a) Provision of facilities, acquisition of lands, and provision for public use and enjoyment of project lands, facilities, and water areas in coordination with other project purposes; limitation per project; execution of agreements before providing lands, facilities, and project modifications The Secretary is authorized, in conjunction with any reservoir heretofore constructed by him pursuant to the Federal reclamation laws or any reservoir which is otherwise under his control, except reservoirs within national wildlife refuges, to investigate, plan, construct, operate and maintain, or otherwise provide for public outdoor recreation and fish and wildlife enhancement facilities, to acquire or otherwise make available such adjacent lands or interests therein as are necessary for public outdoor recreation or fish and wildlife use, and to provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with the other project purposes: Provided, That not more than $100,000 shall be available to carry out the provisions of this subsection at any one reservoir. Lands, facilities and project modifications for the purposes of this subsection may be provided only after an agreement in accordance with section 460l-14(b) of this title has been executed. (b) Agreements with government agencies to promote development and operation of lands or facilities for recreation and fish and wildlife enhancement purposes The Secretary of the Interior is authorized to enter into agreements with Federal agencies or State or local public bodies for the administration of project land and water areas and the operation, maintenance, and replacement of facilities and to transfer project lands or facilities to Federal agencies or State or local public bodies by lease agreement or exchange upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation and fish and wildlife enhancement purposes. (c) Transfer of lands; consent of other Federal agencies to use of lands for recreation or fish and wildlife purposes; transfers to Secretary of Agriculture of forest lands; continuing administration of lands and waters for other project purposes; prohibition against limitation of authority under existing provisions of law No lands under the jurisdiction of any other Federal agency may be included for or devoted to recreation or fish and wildlife purposes under the authority of this section without the consent of the head of such agency; and the head of any such agency is authorized to transfer any such lands to the jurisdiction of the Secretary of the Interior for purposes of this section. The Secretary of the Interior is authorized to transfer jurisdiction over project lands within or adjacent to the exterior boundaries of national forests and facilities thereon to the Secretary of Agriculture for recreation and other national forest system purposes; and such transfer shall be made in each case in which the project reservoir area is located wholly within the exterior boundaries of a national forest unless the Secretaries of Agriculture and Interior jointly determine otherwise. Where any project lands are transferred hereunder to the jurisdiction of the Secretary of Agriculture, the lands involved shall become national forest lands: Provided, That the lands and waters within the flow lines of any reservoir or otherwise needed or used for the operation of the project for other purposes shall continue to be administered by the Secretary of the In