I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/21/93 at 09:57:22. Database: USCODE Search: (23:CITE) ------DocID 31372 Document 1 of 191------ -CITE- 23 USC TITLE 23 -EXPCITE- TITLE 23 -HEAD- TITLE 23 - HIGHWAYS -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 85-767, SEC. 1, AUG. 27, 1958, 72 STAT. 885 -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 16 section 3172; title 40 sections 345c, 818; title 40 App. 201; title 42 sections 7506, 7509. Chap. Sec. 1. Federal Aid Highways (FOOTNOTE 1) 101 (FOOTNOTE 1) So in original. Does not conform to chapter heading. 2. Other Highways 201 3. General Provisions 301 4. Highway Safety 401 (5. Repealed.) -MISC8- AMENDMENTS 1966 - Pub. L. 89-564, title I, Sec. 102(b)(3), Sept. 9, 1966, 80 Stat. 735, added item 4. Table Showing Disposition of All Sections of Former Title 23 --------------------------------------------------------------------- Title 23 Former Sections Title 23 New Sections --------------------------------------------------------------------- 1 Rep. 2 101 2a 101(a) 2b 101(a) 3 Rep. 3a Rep. 3b Rep. 4 Rep. 5 Rep. 6 103(b), (e), 105(c), 121(c) 6-1 103(c) 6a 103(d) 6a-1 105(d) 6a-2 310 6b Rep. 6c Rep. 7 110(a) 8 109(a) 8a 109(a), 112(a) 9 301 9a 129(a) 9a-1 Rep. 9b 129(a) 10 109(a) 10a Rep. 10b Rep. 10c Rep. 11 Rep. 12 105(a), 106(a), (c), 121(d) 12a 121(c) 12b Rep. 13 114(a) 13-1 112(b), (c) 13a Rep. 13b 103(d) 14 121(a), (b), (e) 14a Elim. 15 Rep. 16 Rep. 17 316 18 317(a)-(c) 19 315 20 Rep. 20a Rep. 21 104(a), (b)(1) 21-1 307(a), (b) 21a 104(b), 105(a), 106(a), 114(a), 118(a), (c) 21a-1 Rep. 21a-2 Elim. 21b Rep. 21c 311 21d Rep. 21e 122 22 104(e) 23 101(a), 202(b), 204(a)-(c), 205(a)-(c) 23a Rep. 23b Rep. 23b-1 Rep. 23c 205(c) 24 Rep. 24a 109(e) 25 Rep. 26 Rep. 41 101(a), 105(e) 41a 101(a), 103(b) 41b 101(a), 103(b) 42 Rep. 43 Rep. 44 Rep. 45 Elim. 46 See T. 18 Sec. 1020 47-53 Rep. 54 Elim. 54a Rep. 54b Elim. 55 126 55a Rep. 55b 126(b) 56 Rep. 57 314 58 Elim. 59 Elim. 59a Rep. 60 103(d) 61 307(c) 62 318 63 109(d) 64 320(a) 65 320(b) 66 320(c) 67 320(d) 68 320(e) 69 320(f) 70 313 71 303(a) 72 303 note 73 303(a) 101 Rep. 101a Rep. 102 Rep. 103 Rep. 104 Rep. 105 Rep. 106 210(a), (b) 107 Rep. 108 Rep. 109 Rep. 110 Rep. 111 Rep. 112 Rep. 113 Rep. 114 210(e) 115 308(a) 116 Rep. 117 312 151(a) 104 note 151(b), (c) 104(c), 117(a)-(c), 118(b) 152 204(f), 205(d) 153 206(a), 207(a), 208(a), (b) 154 209(a) 155 203 156 101(b), 103(f), 104(b)(1), 116(d), 119(a), (b), 120(h) 157 103(d) 158(a) 101(b) 158(b) 101 note 158(c) 104(b)(4) 158(d) 104(b)(5) 158(d) 104 note 158(e) 120(c) 158(f), (g) 118(c) 158(h) 115 158(i) 109(b) 158(j) 127 158(k) 307 note 159 107 160 108 161 124 162 123 163 111 164 129(b)-(d) 165 Elim. 166 113 167 101(b), 128(a), (b), 304 168 Elim. 169 (less last proviso) Rep. 169 (last proviso) Elim. 170 305 171 306 172 Rep. 173 120 note 174 307 note 175 Elim. ------------------------------- CITATION Section 1 of Pub. L 85-767, Aug. 27, 1958, 72 Stat. 885, provided in part that this title may be cited as 'Title 23, United States Code, Sec. - '. REPEALS Section 2 of Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 919, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large covering provisions codified in this title. CONSTRUCTION Section 3 of Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 921, provided that: '(a) If any provision of title 23, as enacted by section 1 of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the title and the application of the provision to other persons or circumstances shall not be affected thereby. '(b) The provisions of this Act shall be subject to Reorganization Plan Numbered 5 of 1950 (64 Stat. 1263) (set out in the Appendix to Title 5, Government Organization and Employees).' SAVINGS PROVISION Section 4 of Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 921, provided that: 'Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Acts or portions under section 2 of this Act.' ------DocID 8007 Document 2 of 191------ -CITE- 5 USC CHAPTER 23 -EXPCITE- TITLE 5 PART III Subpart A CHAPTER 23 -HEAD- CHAPTER 23 - MERIT SYSTEM PRINCIPLES -MISC1- Sec. 2301. Merit system principles. 2302. Prohibited personnel practices. 2303. Prohibited personnel practices in the Federal Bureau of Investigation. 2304. Responsibility of the General Accounting Office. 2305. Coordination with certain other provisions of law. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1222, 4703 of this title. ------DocID 8976 Document 3 of 191------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 23 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 23 OF 1950 -MISC1- EFF. SEPT. 7, 1950, 15 F.R. 4365, 64 STAT. 1279 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 9, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). LOANS FOR FACTORY-BUILT HOMES SECTION 1. TRANSFER OF FUNCTIONS There are hereby transferred to the Housing and Home Finance Administrator, hereinafter referred to as the Administrator - (1) all functions of the Reconstruction Finance Corporation, hereinafter referred to as the 'Corporation,' under section 102 of the Housing Act of 1948, as amended (12 U.S.C. 1701g); (2) all other functions of the Corporation, under the Reconstruction Finance Corporation Act, as amended (15 U.S.C. 601 et seq.); or any other law, with respect to financing predominantly for the production, manufacture, distribution, sale, purchase, or erection of prefabricated houses, sections, or panels or site improvements therefor; (3) the function of the Corporation of making payments on its notes issued to the Secretary of the Treasury in an amount equal to the funds and the unpaid principal of, and accrued interest on, the loans and obligations payable to the Corporation which are transferred under the provisions of this reorganization plan; and (4) so much of any other function of the Corporation as is incidental to or necessary for the performance of the functions referred to in items (1) and (2), above, including the issuance of obligations to the Secretary of the Treasury, which may be purchased by the Secretary, under section 7 of the Reconstruction Finance Corporation Act, as amended (15 U.S.C. 606): Provided, That the amount of such obligations issued by the Administrator and outstanding at any one time shall not exceed the sum of (a) the funds and the unpaid principal of, and accrued interest on, the loans and obligations transferred under this reorganization plan and (b) the unexpended balances of authorizations and allocations transferred hereunder, less the amount of any funds transferred hereunder for such unexpended balances from which sum shall be deducted the outstanding amount of any notes with respect to which the function of making payments is transferred under (3) above. SEC. 2. TRANSFER OF RECORDS, PROPERTY, PERSONNEL, AND FUNDS There are hereby transferred to the Housing and Home Finance Agency (1) the assets, contracts, loans, liabilities, commitments, property, and records, of the Corporation relating to the functions transferred by this reorganization plan, (2) such of the personnel of the Corporation relating to said functions as the Director of the Bureau of the Budget shall determine, and (3) so much of the unexpended balances of authorizations, allocations, and funds, available or to be made available, of the Corporation relating to such functions (including authorizations and allocations for administrative expenses) as the Director of the Bureau of the Budget shall determine. Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate. SEC. 3. PERFORMANCE OF FUNCTIONS OF ADMINISTRATOR The Administrator may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Housing and Home Finance Agency of any function transferred to the Administrator by the provisions of this reorganization plan. SEC. 4. EFFECTIVE DATE The provisions of this reorganization plan shall take effect sixty days after they would take effect under section 6(a) of the Reorganization Act of 1949 in the absence of this section. (Housing and Home Finance Agency lapsed and functions were transferred to Secretary of Housing and Urban Development, see section 9(c) of Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 670, set out as a note under 42 U.S.C. 3531.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 23 of 1950, prepared in accordance with the provisions of the Reorganization Act of 1949. The plan further promotes the grouping of Government programs according to their major purposes by transferring from the Reconstruction Finance Corporation to the Housing and Home Finance Agency the lending functions of the Government with respect to the production and distribution of prefabricated houses and components. This reorganization would be consistent with the objective set by the Commission on Organization of the Executive Branch of the Government which recommended that 'all housing activities be placed in one agency under a single administrator.' Under its general powers pursuant to the Reconstruction Finance Corporation Act, and pursuant to the Veterans' Emergency Housing Act of 1946, the Reconstruction Finance Corporation has made a number of loans to finance the production, distribution, and marketing of prefabricated houses and components. In addition, under section 102 of the Housing Act of 1948, the Reconstruction Finance Corporation is specifically authorized to make loans, not exceeding $50,000,000 outstanding at any one time, to finance the production of such housing. The greater portion of the loans so authorized have been made and are now outstanding. The development of an efficient prefabricated housing industry is an essential part of the total housing program. It, therefore, requires integration with the major housing activities of the Federal Government. Moreover, the functions to be transferred from the Reconstruction Finance Corporation are complementary to other activities of the Housing and Home Finance Agency in the field of manufactured housing. The Agency has under way considerable research on this type of housing construction. Under the National Housing Act, the Federal Housing Administration, a constituent agency, insures loans for the manufacture of such housing as well as mortgages on such houses when erected and sold. Thus, the successful operation of the program of loans for the manufacture of prefabricated houses depends, to a large extent, on the ready availability of mortgage insurance by the Federal Housing Administration as the primary means of assuring permanent financing for their sale. The Federal Housing Administration also insures mortgages on rental housing developments to serve military installations under title VIII of the National Housing Act, as amended, the so-called Military Housing Act. The Congress recently has recognized the place of prefabricated houses in this program by amending the law to make it clear that the Department of Defense should use prefabricated housing which conforms to standards established by the Federal Housing Administration wherever it is feasible to do so. The development of a strong, expansible prefabricated housing industry also is essential for rapidly meeting any emergency housing needs of the country. The Housing and Home Finance Agency, in cooperation with the National Security Resources Board, should be in a position to encourage peacetime uses of prefabricated housing readily adaptable to potential emergency requirements of the future. The transfer by this reorganization plan of the functions, loans, and unused authorizations of the Reconstruction Finance Corporation with respect to prefabricated housing will place most of the Government functions concerning such housing in the Housing and Home Finance Agency. This will make possible greater consistency between governmental assistance available for the production or manufacture of prefabricated houses with governmental assistance available for the distribution, erection, and marketing of such housing. It will also assure coordination and integration of the prefabricated housing functions with other programs within the Housing and Home Finance Agency and thus materially assist in carrying out the national housing policy. This reorganization may not result in substantial immediate savings, although benefits should be achieved through improved operations which will result in economies over a period of time. An itemization of these economies in advance of actual experience is not practicable. After investigation I have found, and I hereby declare, that each reorganization contained in Reorganization Plan No. 23 of 1950 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. Harry S. Truman. The White House, May 9, 1950. ------DocID 9109 Document 4 of 191------ -CITE- 7 USC Sec. 23 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 23. Standardized contracts for certain commodities -STATUTE- (a) Margin accounts or contracts and leverage accounts or contracts prohibited except as authorized Except as authorized under subsection (b) of this section, no person shall offer to enter into, enter into, or confirm the execution of, any transaction for the delivery of any commodity under a standardized contract commonly known to the trade as a margin account, margin contract, leverage account, or leverage contract, or under any contract, account, arrangement, scheme, or device that the Commission determines serves the same function or functions as such a standardized contract, or is marketed or managed in substantially the same manner as such a standardized contract. (b) Permission to enter into contracts for delivery of silver or gold bullion, bulk silver or gold coins, or platinum; rules and regulations (1) Subject to paragraph (2), no person shall offer to enter into, enter into, or confirm the execution of, any transaction for the delivery of silver bullion, gold bullion, bulk silver coins, bulk gold coins, or platinum under a standardized contract described in subsection (a) of this section, contrary to the terms of any rule, regulation, or order that the Commission shall prescribe, which may include terms designed to ensure the financial solvency of the transaction or prevent manipulation or fraud. Such rule, regulation, or order may be made only after notice and opportunity for hearing. The Commission may set different terms and conditions for transactions involving different commodities. (2) No person may engage in any activity described in paragraph (1) who is not permitted to engage in such activity, by the rules, regulations, and orders of the Commission in effect on November 10, 1986, until the Commission permits such person to engage in such activity in accordance with regulations issued in accordance with subsection (c)(2) of this section. (c) Survey of persons interested in engaging in transactions of silver and gold, etc.; assistance of futures association; regulations (1)(A) Not later than 2 years after November 10, 1986, the Commission shall - (i) with the assistance of a futures association registered under this chapter, conduct a survey concerning the persons interested in engaging in the business of offering to enter into, entering into, or confirming the execution of, the transactions described in subsection (b)(1) of this section; and (ii) transmit a report of the results of the survey to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (B) Notwithstanding any other provision of law, for purposes of completing such report the Commission may direct, by rule, regulation, or order, a futures association registered under this chapter to render such assistance as the Commission shall specify. (C) Such report shall include the findings and any recommendations of the Commission concerning - (i) whether such transactions serve an economic purpose; (ii) the most efficient manner, consistent with the public interest, to permit additional persons to engage in the business of offering to enter into, entering into, and confirming the execution of such transactions; and (iii) the appropriate regulatory scheme to govern such transactions to ensure the financial solvency of such transactions and to prevent manipulation or fraud. (2) The report shall also include Commission regulations governing such transactions. The regulations shall provide for permitting additional persons to engage in such transactions. The regulations shall become effective on the expiration of 90 calendar days on which either House of Congress is in session after the date of the transmittal of the report to Congress. The regulations - (A) may authorize or require, notwithstanding any other provision of law, a futures association registered under this chapter to perform such responsibilities in connection with such transactions as the Commission may specify; and (B) may require that permission for additional persons to engage in such business be given on a gradual basis, so as not to place an undue burden on the resources of the Commission. (d) Savings provision This section shall not affect any rights or obligations arising out of any transaction subject to this section, as in effect before November 10, 1986, that was entered into, or the execution of which was confirmed, before November 10, 1986. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 19, as added Sept. 30, 1978, Pub. L. 95-405, Sec. 23, 92 Stat. 876, and amended Jan. 11, 1983, Pub. L. 97-444, title II, Sec. 234, 96 Stat. 2322; Nov. 10, 1986, Pub. L. 99-641, title I, Sec. 109, 100 Stat. 3560.) -MISC1- PRIOR PROVISIONS Provisions similar to those appearing in subsec. (b) were formerly contained in section 15a of this title. AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-641 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 'No person shall offer to enter into, enter into, or confirm the execution of, any transaction for the delivery of any commodity specifically set forth in section 2 of this title prior to October 23, 1974, under a standardized contract commonly known to the trade as a margin account, margin contract, leverage account, or leverage contract, or under any contract, account, arrangement, scheme, or device that the Commission determines serves the same function or functions as such a standardized contract, or is marketed or managed in substantially the same manner as such a standardized contract.' Subsec. (b). Pub. L. 99-641 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'No person shall offer to enter into, enter into, or confirm the execution of any transaction for the delivery of silver bullion, gold bullion, or bulk silver coins or bulk gold coins, under a standardized contract described in subsection (a) of this section, contrary to any rule, regulation, or order of the Commission designed to ensure the financial solvency of the transaction or prevent manipulation or fraud: Provided, That such rule, regulation, or order may be made only after notice and opportunity for hearing.' Subsec. (c). Pub. L. 99-641 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: 'The Commission shall regulate any transactions under a standardized contract described in subsection (a) of this section involving commodities described in subsection (b) of this section or any other commodities (except those commodities described in subsection (a) of this section) under such terms and conditions as the Commission shall prescribe by rule, regulation, or order made only after notice and opportunity for a hearing. The Commission may set different terms and conditions for such transactions involving different commodities. Notwithstanding any other provision of this section, the Commission may prohibit any transaction for the delivery of any commodity under a standardized contract described in subsection (a) of this section that is not permitted by the rules, regulations and orders of the Commission in effect on December 9, 1982, if the Commission determines that any such transactions would be contrary to the public interest.' Subsec. (d). Pub. L. 99-641, in amending section generally, added subsec. (d). 1983 - Subsec. (c). Pub. L. 97-444, Sec. 234(1), substituted 'shall regulate' for 'may prohibit or regulate' and authorized Commission prohibition of transactions for delivery of commodities under a standardized contract that was not permitted by the rules, regulations and orders of the Commission in effect on Dec. 9, 1982, where transactions are determined to be contrary to the public interest. Subsec. (d). Pub. L. 97-444, Sec. 234(2), struck out subsec. (d) which provided for regulation of transactions in accordance with applicable provisions of this chapter where Commission determined the transactions under subsecs. (b) and (c) of this section were contracts for future delivery within the meaning of this chapter. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97-444 effective Jan. 11, 1983, see section 239 of Pub. L. 97-444, set out as a note under section 2 of this title. EFFECTIVE DATE Section effective Oct. 1, 1978, see section 28 of Pub. L. 95-405, set out as an Effective Date of 1978 Amendment note under section 2 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2, 12a, 13, 16, 25 of this title; title 11 section 761. ------DocID 9681 Document 5 of 191------ -CITE- 7 USC CHAPTER 23 -EXPCITE- TITLE 7 CHAPTER 23 -HEAD- CHAPTER 23 - FOREIGN AGRICULTURAL SERVICE ------DocID 14607 Document 6 of 191------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 23 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS APPEALS -HEAD- Rule 23. Mandatory Review Case -STATUTE- (a) The record in a mandatory review case under Rule 18(a)(3) will be filed, together with the following form: -MISC1- IN THE UNITED STATES COURT OF MILITARY APPEALS United States, Appellee MANDATORY REVIEW v. CASE XXXXXXXXXXXXXXXX, CMR. DKT. NO. XX (Full typed name, rank & USCMA DKT. NO. X service of appellant) (FOR COURT USE ONLY) (Service no. XXX), Appellant TO THE JUDGES OF THE UNITED STATES COURT OF MILITARY APPEALS: 1. The appellant, (having an approved sentence to death) (being a (general) (flag) officer), is entitled to mandatory review under Article 67(b)(1) of Uniform Code of Military Justice, 10 U.S.C. Sec. 867(b)(1). 2. The appellant was notified of the decision of the Court of Military Review on (insert notification date). XXXXXXXXXXXXXXXXXXX The Judge Advocate General Received a copy of the foregoing this XXXX day of XXXX, 19XX. XXXXXXXXXXXXXXXXXXX Appellate Government Counsel XXXXXXXXXXXXXXXXXXX Address and telephone no. XXXXXXXXXXXXXXXXXXX Appellate Defense Counsel XXXXXXXXXXXXXXXXXXX Address and telephone no. (b) In a mandatory review case, a brief setting forth assigned errors shall be filed by the appellant in accordance with Rule 24 no later than 60 days after the issuance by the Clerk of a notice of docketing of the case. Such brief shall not incorporate by reference that filed before a Court of Military Review, the convening authority, or the military judge. An appellee's answer shall be filed no later than 60 days after the filing of the assignment of errors and supporting brief. A reply may be filed by the appellant no later than 20 days after the filing of the appellee's answer. ------DocID 14663 Document 7 of 191------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 23 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 23. Motions -STATUTE- (a) Content. All motions, unless made during the course of a hearing, shall state with particularity the relief sought and the grounds therefor. Motions, pleadings, and other papers desired to be filed with the Court may be combined in the same document, with the heading indicating, for example, 'MOTION TO FILE (SUPPLEMENTAL ASSIGNMENT OF ERRORS) (CERTIFICATE OF CORRECTION) (SUPPLEMENTAL PLEADING)', or 'ASSIGNMENT OF ERRORS AND MOTION TO FILE ATTACHED REPORT OF MEDICAL BOARD'. (b) Opposition. Any opposition to a motion shall be filed within 5 days after receipt by the opposing party of service of the motion. (c) Leave to File. Any pleading not required by these rules shall be accompanied by a motion for leave to file such pleading. (d) Oral Argument. Except when ordered by the Court, oral argument shall not be permitted on motions. ------DocID 15155 Document 8 of 191------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 23 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 23. - Order Approving Election of Trustee and Fixing Amount of Bond -STATUTE- (ABROGATED SEPT. 19, 1986) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form may be promulgated by the Director of the Administrative Office pursuant to Rule 9009. ------DocID 15191 Document 9 of 191------ -CITE- 12 USC Sec. 23 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 23. Acknowledgment and filing of certificate -STATUTE- The organization certificate shall be acknowledged before a judge of some court of record, or notary public; and shall be, together with the acknowledgment thereof, authenticated by the seal of such court, or notary, transmitted to the Comptroller of the Currency, who shall record and carefully preserve the same in his office. -SOURCE- (R.S. Sec. 5135.) -COD- CODIFICATION R.S. Sec. 5135 derived from act June 3, 1864, ch. 106, Sec. 6, 13 Stat. 101, which was the National Bank Act. See section 38 of this title. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. ------DocID 16399 Document 10 of 191------ -CITE- 12 USC CHAPTER 23 -EXPCITE- TITLE 12 CHAPTER 23 -HEAD- CHAPTER 23 - FARM CREDIT SYSTEM -MISC1- Sec. 2001. Congressional declaration of policy and objectives. 2002. Farm Credit System. (a) Composition. (b) Farm credit districts. SUBCHAPTER I - FARM CREDIT BANKS 2011. Establishment, charters, titles, branches. (a) Establishment. (b) Charters. (c) Title. (d) Branches. 2012. Board of directors. 2013. General corporate powers. 2014. Farm Credit Bank capitalization. 2015. Lending authority. (a) Real estate loans and related assistance. (b) Intermediate credit. 2016. Interest rates and other charges. (a) In general. (b) Setting rates and charges. 2017. Eligibility. 2018. Security; terms. (a) Real estate loans. (b) Intermediate credit. 2019. Purposes for extensions of credit. (a) Agricultural or aquatic purposes. (b) Rural housing financing. (c) Farm-related services. 2020. Related services. (a) In general. (b) Authority to pass along cost of insurance premiums. 2021. Loans through associations or agents. (a) In general. (b) No active association. (c) Purchase of stock required. 2022. Liens on stock. 2023. Taxation. SUBCHAPTER II - FARM CREDIT ASSOCIATIONS PART A - PRODUCTION CREDIT ASSOCIATIONS 2071. Organization and charters. (a) Charter. (b) Organization. 2072. Board of directors. 2073. General corporate powers. 2074. Production credit association capitalization. (a) In general. (b) Application of earnings. (c) Patronage. 2075. Short- and intermediate-term loans; participation; other financial assistance; terms; conditions; interest; security. (a) Short- and intermediate-term loans. (b) Rural housing. (c) Interest rates and charges. (d) Special district rule. 2076. Other services. 2076a. Liens on stock. 2077. Taxation. PART B - FEDERAL LAND BANK ASSOCIATIONS 2091. Organizations; articles; charters; powers of the Farm Credit Administration. (a) Charter. (b) Organizations. (c) FCA authority on organization. 2092. Board of directors. 2093. General corporate powers. 2094. Federal land bank association capitalization. 2095. Repealed. 2096. Agreements for sharing gains or losses. 2097. Liens on stock. 2098. Taxation. SUBCHAPTER III - BANKS FOR COOPERATIVES PART A - BANKS FOR COOPERATIVES 2121. Establishment; titles; branches. 2122. Corporate existence; general corporate powers. 2123. Board of directors. 2124. Stock of banks for cooperatives. (a) Amount. (b) Value. (c) Eligible holders of voting stock. (d) Entitlement to vote. (e) Nonvoting investment stock. (f) Participation certificates. 2125. Dividends. 2126. Retirement of stock. 2127. Guaranty fund subscriptions in lieu of stock. 2128. Loans, commitments, and technical and financial assistance. (a) Authorities. (b) Additional authorities. (c) Applicable policies. (d) Regulatory limitations. (e) Speculative futures transactions. (f) Installation, expansion, or improvement of water and waste disposal facilities. 2129. Eligibility. 2130. Ownership of stock by borrowers. 2131. Loans. (a) Interest rates and charges. (b) Security. (c) Lien. (d) Cancellation; application on indebtedness. 2132. Earnings and reserves; application of savings. (a) Application of savings. (b) Patronage refunds. (c) Savings of Central Bank for Cooperatives. (d) Loss carryover. (e) Charge of unrecognized costs or expenses to reserve, surplus, or patronage allocations. (f) Payment of patronage refunds in cash. 2133. Distribution of assets on liquidation or dissolution. 2134. Taxation. PART B - UNITED AND NATIONAL BANKS FOR COOPERATIVES 2141. Charter, powers, and operation. (a) Charter. (b) Powers. (c) Operation. 2142. Board of directors provisions. (a) Initial board of directors. (b) Permanent board of directors. (c) Modification of board of directors provisions. 2143. Credit delivery office. 2144. Consolidation of functions. 2145. Exchange of ownership interests. 2146. Capitalization. 2147. Patronage pools. 2148. Transactions to accomplish merger. 2149. Lending limits. 2149a. Reports by merged banks for cooperatives. SUBCHAPTER IV - PROVISIONS APPLICABLE TO TWO OR MORE CLASSES OF INSTITUTIONS OF THE SYSTEM PART A - FUNDING 2151. Revolving fund. 2152. Repealed. 2153. Power to borrow; issuance of notes, bonds, debentures, and other obligations. 2154. Capital adequacy of banks and institutions. (a) Minimum levels of capital. (b) Failure to maintain minimum levels; directives; plans for achieving minimum levels; proposals affecting compliance. (c) Enhancement of capital adequacy of banks. 2154a. Capitalization of System institutions. (a) Definitions. (b) Adoption of bylaws. (c) Requirements of bylaws. (d) Reduction of capital. (e) Compliance. (f) Construction. (g) Controlling authority. 2155. Liability of banks; United States not liable. (a) Joint and several liability of banks. (b) Resolutions as to liability; execution of obligations. (c) United States liability. (d) Insurance Fund called on before invoking joint and several liability. 2156. Repealed. 2157. Bonds as investments. 2158. Purchase and sale by Federal Reserve System. 2159. Purchase and sale of obligations; additional powers. 2160. Federal Farm Credit Banks Funding Corporation. (a) Establishment. (b) Duties. (c) Officers and committees. (d) Board of directors. (e) Transitional authority. (f) Succession. 2161. Repealed. 2162. Protection of borrower stock. (a) Retirement of stock. (b) Certain powers not affected. (c) Inability to retire stock at par value. (d) Definitions. PART B - DISSOLUTION 2181, 2182. Repealed. 2183. Dissolution; voluntary or involuntary liquidation; mergers; receiverships or conservators. (a) Voluntary liquidation; consent of Farm Credit Administration; rules and regulations; minimization of adverse effect; voluntary merger; mandatory merger on failure to comply or meet obligations. (b) Appointment of conservator or receiver; grounds; action for removal; stay of actions or proceedings. (c) Involuntary liquidation; rules and regulations; minimization of adverse effect. 2184. Communications with stockholders. (a) Provision of stockholder lists. (b) Alternative communications. PART C - RIGHTS OF BORROWERS; LOAN RESTRUCTURING 2199. Disclosure. (a) In general. (b) Differential interest rates. 2200. Access to documents and information. 2201. Notice of action on application. (a) Loan applications. (b) Distressed loans. 2202. Reconsideration of actions. (a) Credit review committees. (b) Review of decisions. (c) Personal appearance. (d) Independent appraisal. (e) Notification of applicant. 2202a. Restructuring distressed loans. (a) Definitions. (b) Notice. (c) Meetings. (d) Consideration of applications. (e) Restructuring. (f) Least cost alternative. (g) Restructuring policy. (h) Reports. (i) Compliance. (j) Permitted foreclosures. (k) Application of section. (l) Assistance in restructuring. 2202b. Effect of restructuring on borrower stock. (a) Farm Credit Bank. (b) Production credit association. (c) Retention of stock. 2202c. Review of restructuring denials. (a) Requirements for restructuring by System institutions. (b) Special asset groups. (c) National Special Asset Council. (d) Report. (e) Restructuring factors. 2202d. Protection of borrowers who meet all loan obligations. (a) Foreclosure prohibited. (b) Prohibition against required principal reduction. (c) Nonenforcement. (d) Placing loans in nonaccrual status. 2202e. Waiver of mediation rights by borrowers. PART D - ACTIVITIES OF INSTITUTIONS OF THE SYSTEM 2203. Nomination of association directors; representative selection of nominees. 2204. Tax-exempt guarantees prohibited. 2205. Interest rates. 2206. Participation loans. 2207. Young, beginning, and small farmers and ranchers. 2208. Prohibition against use of signed ballots. 2209. Compensation of directors. PART E - SERVICE ORGANIZATIONS 2211. Establishment. 2212. Powers of Farm Credit Administration. 2213. Regulation and examination. 2214. State laws. PART D1 - FARM CREDIT SYSTEM CAPITAL CORPORATION 2216 to 2216k. Repealed. PART F - SALE OF INSURANCE 2218. Lines of insurance. (a) Regulatory authorization. (b) Contents of regulations. (c) Continuation of existing coverage. PART G - MISCELLANEOUS 2219. Limitation on separate sale. 2219a. Right of first refusal. (a) General rule. (b) Application of right of first refusal to sale of property. (c) Application of right of first refusal to leasing of property. (d) Public offerings. (e) Term or condition. (f) Financing. (g) Mailing of notice. (h) State laws. (i) Applicability. 2219b. Application of uninsured accounts. (a) In general. (b) Regulations. 2219c. Affirmative action. 2219d. Encouragement of conservation practices. SUBCHAPTER V - FARM CREDIT ADMINISTRATION ORGANIZATION PART A - DISTRICT ORGANIZATION 2221 to 2227. Transferred or Repealed. PART B - FARM CREDIT ADMINISTRATION ORGANIZATION 2241. Farm Credit Administration. 2242. Farm Credit Administration Board. (a) Appointment. (b) Terms of office. (c) Organization. (d) Compensation. 2243. Powers of Board. 2244. Chairman; responsibilities; governing standards. (a) Chairman of Farm Credit Administration Board; power and authority. (b) Governing standards. (c) Enforcement of rules, regulations, and orders of Board; civil proceedings; representation by attorneys. 2245. Organization of Farm Credit Administration. (a) Policies of Board. (b) Appointments. (c) Personnel. (d) Funding. 2246. Advisory committees. 2247. Repealed. 2248. Seal of the Farm Credit Administration. 2249. Administrative expenses. 2250. Farm Credit Administration operating expenses fund. (a) Determinations required. (b) Deposits into fund. 2251. Quarters and facilities for the Farm Credit Administration. 2252. Powers and duties. (a) Enumerated powers. (b) Exclusions. (c) Proposed and final regulations; procedures applicable. (d) Legislative veto of regulations; procedures applicable. 2253. Prior delegations. 2254. Examinations. (a) Scope and frequency of examinations; power, authority, and liability of examiners. (b) Annual report of condition. (c) Report of examination of noncomplying institution; publication; notice of intention. 2255. Conditions of other banks and lending institutions. 2256. Consent to the availability of reports and to examinations. 2257. Reports on conditions of institutions receiving loans or deposits. 2257a. Uniform financial reporting instructions. (a) In general. (b) Computerized system. (c) Submission of proposal. 2258. Jurisdiction. 2259. State legislation. 2260. Transferred. PART C - ENFORCEMENT POWERS OF FARM CREDIT ADMINISTRATION 2261. Cease and desist proceedings. 2262. Temporary cease and desist orders. 2263. Enforcement of temporary cease and desist orders. 2264. Suspension or removal of director or officer. (a) Written notice of intention to remove; violation of law, rule, regulation, or final cease and desist order; unsafe or unsound practice; breach of fiduciary duty. (b) Written notice of intention to remove or suspend director, officer or other person; personal dishonesty; willful or continuing disregard; unfitness to continue in office or to participate in affairs of institution. (c) Suspension from office; prohibition from further participation in conduct of affairs of institution; service of notice. (d) Statement of grounds for removal or prohibition; notice and hearing; order of suspension, removal or prohibition; service of order. (e) Stay of suspension or prohibition. 2265. Suspension or removal of director or officer charged with felony. 2266. Hearings and judicial review. (a) Venue; closed hearings; decisions and findings of fact; orders; modification or other action by Farm Credit Administration; judicial review. (b) Judicial review; commencement of proceedings; filing of petition and record; exclusive jurisdiction; finality of judgment and decree. (c) Proceedings operating as stays of orders. 2267. Jurisdiction and enforcement. 2268. Penalty. (a) Forfeiture and payment; compromise, modification, or remitting by Farm Credit Administration; assessment and collection by written notice. (b) Factors determining amount. (c) Notice and hearing; final orders. (d) Judicial review. (e) Action by Attorney General to recover amount assessed. (f) Rules and regulations. (g) Payment into Treasury. (h) Directives as final orders. 2269. Further penalties. 2270. Replacement of suspended or removed directors. 2271. Definitions. 2272. Notice of service. 2273. Ancillary provisions; subpena power; etc. 2274. Power to remove directors and officers. PART D - MISCELLANEOUS 2275. General Accounting Office audit; report to Congress. 2275a. Transition rules relating to amendment of certain FCA approval authorities. (a) In general. (b) Authority to issue regulations. (c) Effect of section. 2276. Access to and examination by Comptroller General of books, documents, etc., of farm credit system banks and institutions. PART E - FARM CREDIT SYSTEM INSURANCE CORPORATION 2277a. Definitions. 2277a-1. Establishment of Farm Credit System Insurance Corporation. 2277a-2. Board of Directors. (a) Establishment. (b) Chairman. 2277a-3. Commencement of insurance. 2277a-4. Premiums. (a) Amount in Fund not exceeding secure base amount. (b) Amount in Fund exceeding secure base amount. (c) Secure base amount. (d) Determination of principal outstanding. 2277a-5. Certification of premiums. (a) Filing certified statement. (b) Contents and form of statement. (c) Initial premium payment. (d) Subsequent premium payments. (e) Regulations. 2277a-6. Overpayment and underpayment of premiums; remedies. (a) Overpayments. (b) Underpayments. (c) Failure to file statement or pay premium. (d) Effect on other remedies. 2277a-7. General corporate powers. 2277a-8. Conduct of corporate affairs; examination of insured System banks. (a) Conduct of corporate affairs. (b) Examination of insured System banks. (c) Oath, affirmations, and testimony. (d) Cooperation with FCA examiners. 2277a-9. Insurance Fund. (a) Establishment. (b) Amounts in Fund. (c) Uses of Fund. 2277a-10. Powers of Corporation with respect to troubled insured System banks. (a) Authority to provide assistance. (b) Authority to pledge or sell assets. (c) Subrogation. (d) Right to assets. (e) Insured System bank. (f) Effective date. 2277a-11. Investment of funds. 2277a-12. Exemption from taxation. 2277a-13. Reports. (a) In general. (b) Contents. 2277a-14. Prohibitions. (a) Corporate name. (b) Payments or distributions while in default. (c) Failure to file statement or pay premium. (d) Employment of persons convicted of criminal offenses. SUBCHAPTER VI - ASSISTANCE TO FARM CREDIT SYSTEM PART A - ASSISTANCE BOARD 2278a. Establishment of Board. (a) Charters. (b) Use of Capital Corporation staff. 2278a-1. Purposes. 2278a-2. Board of Directors. (a) Membership. (b) Chairman. (c) Terms of office, succession, and vacancies. (d) Compensation of Board members. (e) Rules and records. (f) Quorum required. (g) Chief executive officer. 2278a-3. Corporate powers. (a) In general. (b) Power to remove; jurisdiction. 2278a-4. Certification of eligibility to issue preferred stock. (a) Book value less than par value of stock and equities. (b) Book value less than 75 percent of par value of stock and equities. (c) Mandatory determination of eligibility. (d) Implementation. (e) 'Other similar equities' defined. 2278a-5. Assistance. (a) In general. (b) 'High-cost debt' defined. (c) Minimum equity value. (d) Limitation. 2278a-6. Special powers. (a) In general. (b) Suspension of assistance. (c) Undated letters of resignation. (d) Reports. 2278a-7. Administration. (a) Expenses. (b) Interim funding. (c) Assistance operations. (d) Access to FCA documents. 2278a-8. Limitation of powers. (a) Purposes. (b) Prohibition. 2278a-9. Succession. (a) Assets and liabilities. (b) Contracts. (c) Adjustment of assessments. (d) Surplus funds. (e) Preservation agreements. 2278a-10. Effect of regulations; audits. (a) Issuance. (b) Regulation by Farm Credit Administration. (c) Audits. 2278a-11. Exemption from taxation. 2278a-12. Termination. 2278a-13. Transitional provisions. (a) Exercise of powers. (b) Limitation on assistance. (c) Issuance of stock. (d) Repayment. PART B - FINANCIAL ASSISTANCE CORPORATION 2278b. Establishment of Corporation. 2278b-1. Purpose. 2278b-2. Board of Directors. (a) Board of Directors. (b) Rules and records. (c) Quorum required. (d) Chief executive officer. 2278b-3. Stock. 2278b-4. Corporate powers. (a) In general. (b) Power to remove, and jurisdiction. 2278b-5. Accounts. (a) Farm Credit Assistance Fund. (b) Financial Assistance Corporation Trust Fund. 2278b-6. Debt obligations. (a) Issuance. (b) Conditions. (c) Interest payments. (d) Refinancing and payment of principal; defaults. 2278b-7. Preferred stock. (a) Issuance. (b) Purchase. 2278b-8. Payments. (a) In general. (b) Repayment of interest paid by Secretary of the Treasury. (c) Authorization of appropriations. 2278b-9. One-time stock purchase. (a) Amount of stock purchase. (b) Computations. (c) Notice. (d) Institution requirements after notice. (e) Jurisdiction over actions. 2278b-10. Exemption from taxation. (a) Assets. (b) Obligations. 2278b-11. Termination. (a) Financial Assistance Corporation. (b) Accounts. SUBCHAPTER VII - RESTRUCTURING OF SYSTEM INSTITUTIONS PART A - MERGER OF BANKS WITHIN A DISTRICT 2279a. Power to merge. 2279a-1. Board of directors. 2279a-2. Powers of merged banks. (a) In general. (b) Regulations. 2279a-3. Capitalization. 2279a-4, 2279a-5. Repealed or Transferred. PART B - MERGERS, TRANSFERS OF ASSETS, AND POWERS OF ASSOCIATIONS WITHIN A DISTRICT SUBPART 1 - TRANSFERS BY FEDERAL LAND BANKS TO FEDERAL LAND BANK ASSOCIATIONS 2279b. Transfer of lending authority. (a) Voluntary transfers. (b) Direct loans and financial assistance. (c) Regulations. (d) Mandatory transfer. SUBPART 2 - MERGER OF LIKE AND UNLIKE ASSOCIATIONS 2279c. Transferred. 2279c-1. Merger of associations. (a) In general. (b) Powers, obligations, and consolidation. (c) Stock issuance. SUBPART 3 - RECONSIDERATION 2279c-2. Reconsideration. (a) Period. (b) Reconsideration. (c) Special reconsideration. SUBPART 4 - TERMINATION AND DISSOLUTION OF INSTITUTIONS 2279d. Termination of System institution status. (a) Conditions. (b) Effect. PART C - APPROVAL OF DISCLOSURE INFORMATION AND ISSUANCE OF CHARTERS BY THE FARM CREDIT ADMINISTRATION BOARD 2279e. Approval of disclosure information and issuance of charters. (a) Disclosure of information. (b) Notice of reasons for disapproval. (c) Federal charter. PART D - MERGERS OF LIKE ENTITIES 2279f. Merger of similar banks. (a) In general. (b) Powers and capitalization. (c) Board of directors. 2279f-1. Merger of similar associations. (a) In general. (b) Procedures. PART E - TAXATION OF MERGER TRANSACTIONS 2279g. Transactions to accomplish mergers exempt from certain State taxes. SUBCHAPTER VIII - AGRICULTURAL MORTGAGE SECONDARY MARKET 2279aa. Definitions. 2279aa-1. Federal Agricultural Mortgage Corporation. (a) Establishment. (b) Duties. 2279aa-2. Board of directors. (a) Interim board. (b) Permanent board. (c) Officers and staff. 2279aa-3. Powers and duties of Corporation and Board. (a) Guarantees. (b) Duties of Board. (c) Powers of Corporation. (d) Federal Reserve banks as depositaries and fiscal agents. (e) Access to book-entry system. 2279aa-4. Stock issuance. (a) Voting common stock. (b) Required capital contributions. (c) Dividends. (d) Nonvoting common stock. (e) Preferred stock. 2279aa-5. Certification of agricultural mortgage marketing facilities. (a) Eligibility standards. (b) Certification by Corporation. (c) Maximum time period for certification. (d) Revocation. (e) Affiliation of FCS institutions with facility. 2279aa-6. Guarantee of qualified loans. (a) Guarantee authorized for certified facilities. (b) Reserve or subordinated participation requirements. (c) Standards requiring diversified pools. (d) Other responsibilities of and limitations on certified facilities. (e) Additional authority of Board. (f) Aggregate principal amounts of qualified loans. 2279aa-7. Reserves and subordinated participation interests of certified facilities. (a) Cash contributions. (b) Retention of subordinated participation interests. (c) Additional requirements relating to section 2279aa-6(b)(2) reserves. (d) Authority of Board to establish other policies and procedures. 2279aa-8. Standards for qualified loans. (a) Standards. (b) Minimum criteria. (c) Loan amount limitation. (d) Congressional review. (e) Nondiscrimination requirement. 2279aa-9. Exemption from restructuring and borrowers rights provisions for pooled loans. (a) Restructuring. (b) Borrowers rights. 2279aa-10. Funding for guarantee; reserves of Corporation. (a) Guarantee. (b) Guarantee fees. (c) Corporation reserve against guarantees losses required. (d) Fees to cover administrative costs authorized. 2279aa-11. Supervision, examination, and report of condition. (a) Regulation. (b) Examinations and audits. (c) Annual report of condition. (d) FCA assessments to cover costs. (e) 'Affiliate' defined. 2279aa-12. Securities in credit enhanced pools. (a) Federal laws. (b) State securities laws. (c) Authorized investments. (d) State usury laws superseded. 2279aa-13. Authority to issue obligations to cover guarantee losses of Corporation. (a) Sale of obligations to Treasury. (b) Expeditious transaction required. (c) Limitation on amount of outstanding obligations. (d) Terms of obligation. (e) Coordination with title 31. (f) Authorization of appropriations. 2279aa-14. Federal jurisdiction. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1786, 1818 of this title; title 15 sections 1607, 1691c; title 18 section 1030. ------DocID 16999 Document 11 of 191------ -CITE- 13 USC Sec. 23 -EXPCITE- TITLE 13 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 23. Additional officers and employees -STATUTE- (a) The Secretary may establish, at rates of compensation to be fixed by him without regard to the Classification Act of 1949, as many temporary positions as may be necessary to meet the requirements of the work provided for by law. Bureau employees who are transferred to any such temporary positions shall not lose their permanent civil service status by reason of the transfer. The Secretary may make appointments to such temporary positions in conformity with the civil service laws and rules. (b) In addition to employees of the Department of Commerce, employees of other departments and independent offices of the Government may, with the consent of the head of the respective department or office, be employed and compensated for field work in connection with the work provided for by law without regard to section 301 of the Dual Compensation Act. (c) The Secretary may utilize temporary staff, including employees of Federal, State, or local agencies or instrumentalities, and employees of private organizations to assist the Bureau in performing the work authorized by this title, but only if such temporary staff is sworn to observe the limitations imposed by section 9 of this title. -SOURCE- (Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Sept. 13, 1960, Pub. L. 86-769, Sec. 2, 74 Stat. 911; Aug. 19, 1964, Pub. L. 88-448, title IV, Sec. 401(p), 78 Stat. 492; Oct. 17, 1976, Pub. L. 94-521, Sec. 12(b), 90 Stat. 2465.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., Sec. 203, 216, and section 1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June 18, 1929, ch. 28, Sec. 3, 16, 46 Stat. 21, 25; July 6, 1949, ch. 298, Sec. 1, 2, 63 Stat. 406; July 15, 1949, ch. 338, title VI, Sec. 607, 63 Stat. 441; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; July 16, 1952, ch. 912, 66 Stat. 736). Section consolidates parts of sections 203 and 216 of title 13, U.S.C., 1952 ed., with that part of subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., which made such sections 203 and 216 applicable to the censuses of housing. Section 122 of title 13, U.S.C., 1952 ed., which related to quinquennial censuses of manufacturers, the mineral industries, transportation, and other businesses (see subchapter I of chapter 5 of this revised title), and section 252 of title 13, U.S.C., 1952 ed., which related to quinquennial censuses of governments (see subchapter III of chapter 5 of this title), made section 203 of such title applicable to those censuses. However, since the particular provisions of such section 203 that have been carried into this revised section apparently related, as supplemented by section 1442(b) of title 42, U.S.C., 1952 ed., to the decennial censuses provided for in sections 201 et seq. of such title, and in such section 1442 of title 42 (see subchapter II of chapter 5 of this revised title), and apparently could have no relevancy to the quinquennial censuses referred to above, this revised section relates only to such decennial censuses. In subsection (a), 'Departmental Service' was substituted for 'District of Columbia', since the Bureau of the Census now has its headquarters in Maryland, and not in the District of Columbia. In this section, a reference to the Bureau of the Census was changed to a reference to the Department of Commerce, and references to the Director of the Census were changed in all but one case to references to the Secretary (of Commerce) to conform with 1950 Reorganization Plan No. 5, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title. The provision of section 203 of title 13, U.S.C., 1952 ed., that appointments under the particular provisions thereof that have been carried into subsection (a) of this revised section should be made upon the recommendation of the Director of the Census, have been omitted from such subsection (a) for the same reason. Further, words 'or to whatever other officer is designated by the Secretary to take the census provided for in sections 141 and 142 of this title' were inserted after 'Director of the Census' in par. (1) of subsection (a), to conform with such 1950 Reorganization Plan. The first paragraph of section 203 of title 13, U.S.C., 1952 ed., which provided for the employment of two assistant directors for each decennial census period, was omitted as obsolete and superseded, in view of section 122 of such title, which made such section 203 applicable to the quinquennial censuses of manufactures and other businesses, and to surveys (see subchapter IV of chapter 5 of this title), thus rendering such first paragraph ineffective and meaningless. See also section 121(b) of title 13, U.S.C., 1952 ed. The third proviso in the second paragraph of section 203 of title 13, U.S.C., 1952 ed., giving preference in appointments to disabled war veterans, their widows, and, under certain circumstances, to their wives, was omitted as superseded and covered by the Veterans' Preference Act of 1944 (chapter 17 of title 5, U.S.C., 1952 ed., Executive Departments and Government Officers and Employees). Changes were made in phraseology and arrangement. Remainder of section 203 of title 13, U.S.C., 1952 ed., is incorporated in this subchapter, and for remainder of section 216 thereof, and of section 1442 of title 42, U.S.C., 1952 ed. (which has been transferred in its entirety to this revised title), see Distribution Table. -REFTEXT- REFERENCES IN TEXT The Classification Act of 1949, referred to in subsec. (a), is act Oct. 28, 1949, ch. 782, 63 Stat. 954, as amended, which was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. The civil service laws, referred to in subsec. (a), are set forth in Title 5. See, particularly, section 3301 et seq. of Title 5. Section 301 of the Dual Compensation Act, referred to in subsec. (b), which was classified to section 3105 of former Title 5, Executive Departments and Government Officers and Employees, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as section 5533 of Title 5. -MISC2- AMENDMENTS 1976 - Subsec. (c). Pub. L. 94-521 added subsec. (c). 1964 - Subsec. (b). Pub. L. 88-448 inserted 'without regard to section 301 of the Dual Compensation Act'. 1960 - Subsec. (a). Pub. L. 86-769 substituted 'The Secretary may establish, at rates of compensation to be fixed by him without regard to the Classification Act of 1949, as many temporary positions as may be necessary to meet the requirements of the work provided for by law. Bureau employees who are transferred to any such temporary positions shall not lose their permanent civil service status by reason of the transfer. The Secretary may make appointments to such temporary positions in conformity with the civil service laws and rules' for 'The Secretary may appoint, without regard to the Classification Act of 1949, at rates of compensation to be fixed by him, as many temporary employees in the Departmental Service as may be necessary to meet the requirements of the work provided for in this title. Census employees who are transferred to any such temporary positions shall not lose their permanent Civil Service status by reason of the transfer. The Secretary shall make all such temporary appointments in conformity with the Civil Service laws and rules'. Subsec. (b). Pub. L. 86-769 substituted 'by law' for 'in this title'. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section 17 of Pub. L. 94-521, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-448 effective on first day of first month which begins later than ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88-448. TEMPORARY POSITIONS RELATING TO 1990 DECENNIAL CENSUS Pub. L. 101-515, title I, Sec. 104, Nov. 5, 1990, 104 Stat. 2108, provided that: 'None of the funds provided in this (see Tables for classification) or any previous Act shall be available to reimburse the Unemployment Trust Fund or any other fund or account of the Treasury to pay for any expenses authorized by section 8501 of title 5, United States Code, for services performed after April 20, 1990, by individuals appointed to temporary positions within the Bureau of the Census for purposes relating to the 1990 decennial census of population.' Pub. L. 101-382, title I, Sec. 141, Aug. 20, 1990, 104 Stat. 654, provided that: '(a) General Rule. - The determination of whether temporary 1990 census services constitute 'Federal service' for purposes of subchapter I of chapter 85 of title 5, United States Code, shall be made under the provisions of such subchapter without regard to any provision of law not contained in such subchapter. '(b) Temporary 1990 Census Services. - For purposes of subsection (a), the term 'temporary 1990 census services' means services performed by individuals appointed to temporary positions within the Bureau of the Census for purposes relating to the 1990 decennial census of population (as determined under regulations determined by the Secretary of Commerce).' Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 215, provided that: 'Services performed after April 20, 1990, by individuals appointed to temporary positions within the Bureau of the Census for purposes relating to the 1990 decennial census of population shall not constitute 'Federal service' for purposes of section 8501 of title 5, United States Code.' Pub. L. 101-86, Aug. 16, 1989, 103 Stat. 593, as amended by Pub. L. 101-293, Sec. 1, May 17, 1990, 104 Stat. 192, provided that Federal annuitants or former members of the uniformed services who return to Government service under temporary appointments to assist in carrying out the 1990 decennial census of population would be exempt from certain provisions of Title 5, Government Organization and Employees, relating to offsets from pay and other benefits. (Section 2 of Pub. L. 101-293 provided that amendment of Pub. L. 101-86 by Pub. L. 101-293 may not be considered to make an exemption under Pub. L. 101-86 applicable to any service performed before May 17, 1990, which was in excess of that allowable under Pub. L. 101-86 (as then in effect).) POLICY AND PRACTICES OF BUREAU OF CENSUS REGARDING USE OF TEMPORARY STAFF; PUBLICATION Pub. L. 97-454, Sec. 3, Jan. 12, 1983, 96 Stat. 2494, provided that: 'Not later than 180 days after the effective date of this Act (Jan. 12, 1983), the Secretary of Commerce shall publish in the Federal Register a statement of the policy and practices of the Bureau of the Census relating to the administration of section 23(c) of title 13, United States Code. Such statement shall include a description of - '(1) the policy of the Secretary for the use of all individuals as temporary staff pursuant to such section 23(c) to assist the Bureau of the Census in performing work authorized under such title 13; '(2) the functions for which the Secretary, in his discretion, may appoint temporary staff to assist the Bureau in performing work authorized under such title 13; '(3) the practice applicable to the appointment of such temporary staff in performing such work; '(4) the requirements and penalties under such title applicable to temporary staff performing such work, together with safeguards to ensure that such temporary staff will observe the limitations imposed in section 9 of such title.' -CROSS- CROSS REFERENCES Collection and publication of foreign commerce and trade statistics, applicability of section to, see section 307 of this title. Duties of employees doing census work and making surveys, see section 25 of this title. Exemption of temporary positions in Bureau of the Census from classification, see section 5102 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 307 of this title; title 5 sections 5102, 5533; title 22 section 3144. ------DocID 17408 Document 12 of 191------ -CITE- 14 USC CHAPTER 23 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- CHAPTER 23 - COAST GUARD AUXILIARY -MISC1- Sec. 821. Administration. 822. Purpose. 823. Eligibility, enrollments. 824. Disenrollment. 825. Membership in other organizations. 826. Use of member's facilities. 827. Vessel deemed public vessel. 828. Aircraft deemed public aircraft. 829. Radio station deemed government station. 830. Availability of appropriations. 831. Assignment and performance of duties. 832. Injury or death in line of duty. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 46 section 13109. ------DocID 17465 Document 13 of 191------ -CITE- 15 USC Sec. 23 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 23. Suits by United States; subpoenas for witnesses -STATUTE- In any suit, action, or proceeding brought by or on behalf of the United States subpoenas for witnesses who are required to attend a court of the United States in any judicial district in any case, civil or criminal, arising under the antitrust laws may run into any other district: Provided, That in civil cases no writ of subpoena shall issue for witnesses living out of the district in which the court is held at a greater distance than one hundred miles from the place of holding the same without the permission of the trial court being first had upon proper application and cause shown. -SOURCE- (Oct. 15, 1914, ch. 323, Sec. 13, 38 Stat. 736.) -REFTEXT- REFERENCES IN TEXT The antitrust laws, referred to in text, are defined in section 12 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE One form of action, see rule 2, Title 28, Appendix, Judiciary and Judicial Procedure. Rules as governing the procedure in all suits of a civil nature whether cognizable as cases at law or in equity, see rule 1. Subpoena, see rule 45. FEDERAL RULES OF CRIMINAL PROCEDURE Subpoena, see rule 17, Title 18, Appendix, Crimes and Criminal Procedure. ------DocID 17765 Document 14 of 191------ -CITE- 15 USC Sec. 80a-23 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-23. Closed-end companies -STATUTE- (a) Issuance of securities No registered closed-end company shall issue any of its securities (1) for services; or (2) for property other than cash or securities (including securities of which such registered company is the issuer), except as a dividend or distribution to its security holders or in connection with a reorganization. (b) Sale of common stock at price below current net asset value No registered closed-end company shall sell any common stock of which it is the issuer at a price below the current net asset value of such stock, exclusive of any distributing commission or discount (which net asset value shall be determined as of a time within forty-eight hours, excluding Sundays and holidays, next preceding the time of such determination), except (1) in connection with an offering to the holders of one or more classes of its capital stock; (2) with the consent of a majority of its common stockholders; (3) upon conversion of a convertible security in accordance with its terms; (4) upon the exercise of any warrant outstanding on August 22, 1940, or issued in accordance with the provisions of section 80a-18(d) of this title; or (5) under such other circumstances as the Commission may permit by rules and regulations or orders for the protection of investors. (c) Purchase of securities of which it is issuer; exceptions No registered closed-end company shall purchase any securities of any class of which it is the issuer except - (1) on a securities exchange or such other open market as the Commission may designate by rules and regulations or orders: Provided, That if such securities are stock, such registered company shall, within the preceding six months, have informed stockholders of its intention to purchase stock of such class by letter or report addressed to stockholders of such class; or (2) pursuant to tenders, after reasonable opportunity to submit tenders given to all holders of securities of the class to be purchased; or (3) under such other circumstances as the Commission may permit by rules and regulations or orders for the protection of investors in order to insure that such purchases are made in a manner or on a basis which does not unfairly discriminate against any holders of the class or classes of securities to be purchased. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 23, 54 Stat. 825.) -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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-62 of this title. ------DocID 18413 Document 15 of 191------ -CITE- 15 USC CHAPTER 23 -EXPCITE- TITLE 15 CHAPTER 23 -HEAD- CHAPTER 23 - DISSEMINATION OF TECHNICAL, SCIENTIFIC AND ENGINEERING INFORMATION -MISC1- Sec. 1151. Purpose of chapter. 1152. Clearinghouse for technical information; removal of security classification. 1153. Rules, regulations, and fees. 1153a. Repealed. 1154. Reference of data to armed services and other Government agencies. 1155. General standards and limitations; preservation of security classification. 1156. Use of existing facilities. (a) Available assistance. (b) Cooperation of other agencies. 1157. Relation to other provisions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3704b of this title. ------DocID 19649 Document 16 of 191------ -CITE- 16 USC Sec. 23 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 23. Detail of troops for protection of park -STATUTE- The Secretary of the Army, upon the request of the Secretary of the Interior, is authorized and directed to make the necessary details of troops to prevent trespassers or intruders from entering the park for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law, and to remove such persons from the park if found therein. -SOURCE- (Mar. 3, 1883, ch. 143, 22 Stat. 627; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army. -CROSS- CROSS REFERENCES Sequoia and Yosemite National Parks, detail of troops for protection of, see section 78 of this title. ------DocID 20430 Document 17 of 191------ -CITE- 16 USC Sec. 410cc-23 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part B -HEAD- Sec. 410cc-23. Agreements and technical assistance -STATUTE- (a) Interpretative exhibits or programs The Secretary may enter into agreements with any owner of property with national historic or cultural significance within the park to provide for interpretive exhibits or programs. Such agreements shall provide, whenever appropriate, that - (1) the public may have access to such property at specified, reasonable times for purposes of viewing such property or the exhibits or attending the programs established by the Secretary under this subsection; and (2) the Secretary may make such minor improvements to such property as the Secretary deems necessary to enhance the public use and enjoyment of such property, exhibits, and programs. (b) Request for assistance (1) The Secretary shall provide, upon request, technical assistance to - (A) the city of Lowell to assist the city in establishing regulations or laws consistent with the standards and criteria established pursuant to section 410cc-32(e) of this title; and (B) the Commission to assist the Commission in establishing the index and the standards and criteria required by section 410cc-32 of this title. (2) The Secretary may provide to any owner of property within the park or preservation district, the Commission, the Commonwealth of Massachusetts, the city of Lowell, and any other Federal entity or any institution such technical assistance as the Secretary considers appropriate to carry out the purpose of this subchapter. -SOURCE- (Pub. L. 95-290, title II, Sec. 203, June 5, 1978, 92 Stat. 294.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 410cc-21, 410cc-33 of this title. ------DocID 21116 Document 18 of 191------ -CITE- 16 USC Sec. 460m-23 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXI-A -HEAD- Sec. 460m-23. Cooperation -STATUTE- The Secretary of the Army shall cooperate with the Secretary of the Interior concerning the water requirements of the national river. The Secretary of the Army shall provide for release of water from the Bluestone Lake project consistent with that project's purposes and activities in sufficient quantity and in such manner to facilitate protection of biological resources and recreational use of the national river. -SOURCE- (Pub. L. 95-625, title XI, Sec. 1110, Nov. 10, 1978, 92 Stat. 3548.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460m-28 of this title. ------DocID 21213 Document 19 of 191------ -CITE- 16 USC Sec. 460u-23 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXIX -HEAD- Sec. 460u-23. Acquisition of interest in area VII-A -STATUTE- (a) Public access requirements The Secretary may acquire only such interest in that portion of area VII-A which is described in subsection (b) of this section as the Secretary determines is necessary to assure public access over said portion of area VII-A. (b) Portion of area VII-A subject to acquisition The portion of area VII-A, as designated on the map referred to in section 460u of this title, to which subsection (a) of this section applies is a parcel of land bounded - (1) on the east by a line three hundred feet east of the electrical transmission line crossing area VII-A on January 1, 1979; (2) on the west by a line fifty feet west of such electrical transmission line; and (3) on the north and south by the northern and southern boundaries, respectively, of area VII-A. (c) Boundaries of area VII-A Area VII-A includes the bed of the railroad tracks forming the northern and northwestern boundaries of this area and extends to the northern edge of the bed of the railroad tracks forming the southern boundaries of this area. (d) Inclusion in area I-D Area I-D includes the bed of the railroad tracks along the northern boundary of this area. (e) Exclusions from area VII-C The area designated as area VII-C on the map referred to in section 460u of this title does not include approximately 1.3 acres of land on which the Linde Air Products plant is situated, nor does it include approximately 1 acre of land on which the Old Union Station building and the adjacent REA building are situated. Except as provided in the foregoing sentence, area VII-C extends to, but does not include, the beds of the railroad tracks forming the northern and southern boundaries of such area. -SOURCE- (Pub. L. 89-761, Sec. 23, as added Pub. L. 96-612, Sec. 1(13), Dec. 28, 1980, 94 Stat. 3577.) ------DocID 22823 Document 20 of 191------ -CITE- 16 USC CHAPTER 23 -EXPCITE- TITLE 16 CHAPTER 23 -HEAD- CHAPTER 23 - NATIONAL WILDERNESS PRESERVATION SYSTEM -MISC1- Sec. 1131. National Wilderness Preservation System. (a) Establishment; Congressional declaration of policy; wilderness areas; administration for public use and enjoyment, protection, preservation, and gathering and dissemination of information; provisions for designation as wilderness areas. (b) Management of area included in System; appropriations. (c) 'Wilderness' defined. 1132. Extent of System. (a) Designation of wilderness areas; filing of maps and descriptions with Congressional committees; correction of errors; public records; availability of records in regional offices. (b) Review by Secretary of Agriculture of classifications as primitive areas; Presidential recommendations to Congress; approval of Congress; size of primitive areas; Gore Range-Eagles Nest Primitive Area, Colorado. (c) Review by Secretary of the Interior of roadless areas of national park system and national wildlife refuges and game ranges and suitability of areas for preservation as wilderness; authority of Secretary of the Interior to maintain roadless areas in national park system unaffected. (d) Conditions precedent to administrative recommendations of suitability of areas for preservation as wilderness; publication in Federal Register, public hearings; views of State, county, and Federal officials; submission of views to Congress. (e) Modification or adjustment of boundaries; public notice and hearings; administrative and executive recommendations to Congress; approval of Congress. 1133. Use of wilderness areas. (a) Purposes of national forest, national park system, and national wildlife refuge system; other provisions applicable to national forests, Superior National Forest, and national park system. (b) Agency responsibility for preservation and administration to preserve wilderness character; public purposes of wilderness areas. (c) Prohibition provisions: commercial enterprise, permanent or temporary roads, mechanical transports, and structures or installations; exceptions: area administration and personal health and safety emergencies. (d) Special provisions. 1134. State and private lands within wilderness areas. (a) Access; exchange of lands; mineral interests restriction. (b) Customary means for ingress and egress to wilderness areas subject to mining claims or other occupancies. (c) Acquisition of lands. 1135. Gifts, bequests, and contributions. (a) Acceptance by Secretary of Agriculture of land for preservation as wilderness; regulations. (b) Authorization to accept private contributions and gifts. 1136. Annual reports to Congress. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 90e, 90e-2, 272d, 273d, 460aa-1, 460dd-8, 460gg-1, 460ll, 460ll-1, 460oo, 460uu-31, 460uu-32, 460uu-47, 460vv-1, 460vv-3, 460bbb-3, 1281, 3102, 3150, 3199, 3203 of this title; title 42 section 12207; title 43 sections 1782, 1784. ------DocID 23910 Document 21 of 191------ -CITE- 18 USC CHAPTER 23 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- CHAPTER 23 - CONTRACTS -MISC1- Sec. 431. Contracts by Member of Congress. 432. Officer or employee contracting with Member of Congress. 433. Exemptions with respect to certain contracts. (434. Repealed.) 435. Contracts in excess of specific appropriation. 436. Convict labor contracts. 437. Federal employees contracting or trading with Indians.. (FOOTNOTE 1) (FOOTNOTE 1) So in original. 438. Indian contracts for services generally. 439. Indian enrollment contracts. 440. Mail contracts. 441. Postal supply contracts. 442. Printing contracts. 443. War contracts. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3512, Nov. 29, 1990, 104 Stat. 4922, struck out item 434 'Interested persons acting as Government agents' and substituted 'Federal employees contracting or trading with Indians.' for 'Indian contracts for goods and supplies' in item 437. 1951 - Act Oct. 31, 1951, ch. 655, Sec. 18, 65 Stat. 717, struck out '; exceptions' from item 431. ------DocID 25106 Document 22 of 191------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 23 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 23. Trial by Jury or by the Court -STATUTE- (a) Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. (b) Jury of Less Than Twelve. Juries shall be of 12 but at any time before verdict the parties may stipulate in writing with the approval of the court that the jury shall consist of any number less than 12 or that a valid verdict may be returned by a jury of less than 12 should the court find it necessary to excuse one or more jurors for any just cause after trial commences. Even absent such stipulation, if the court finds it necessary to excuse a juror for just cause after the jury has retired to consider its verdict, in the discretion of the court a valid verdict may be returned by the remaining 11 jurors. (c) Trial Without a Jury. In a case tried without a jury the court shall make a general finding and shall in addition, on request made before the general finding, find the facts specially. Such findings may be oral. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; July 30, 1977, Pub. L. 95-78, Sec. 2(b), 91 Stat. 320; Apr. 28, 1983, eff. Aug. 1, 1983.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). 1. This rule is a formulation of the constitutional guaranty of trial by jury, Constitution of the United States, Article III, Sec. 2, Par. 3: 'The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury * * *'; Amendment VI: 'In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury * * *.' The right to a jury trial, however, does not apply to petty offenses, District of Columbia v. Clawans, 300 U.S. 617; Schick v. United States, 195 U.S. 65; Frankfurter and Corcoran, 39 Harv.L.R. 917. Cf. Rule 38(a) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). 2. The provision for a waiver of jury trial by the defendant embodies existing practice, the constitutionality of which has been upheld, Patton v. United States, 281 U.S. 276; Adams v. United States ex rel. McCann, 317 U.S. 269; Cf. Rules 38 and 39 of Federal Rules of Civil Procedure (28 U.S.C., Appendix). Many States by express statutory provision permit waiver of jury trial in criminal cases. See A.L.I. Code of Criminal Procedure Commentaries, pp. 807-811. Note to Subdivision (b). This rule would permit either a stipulation before the trial that the case be tried by a jury composed of less than 12 or a stipulation during the trial consenting that the case be submitted to less than 12 jurors. The second alternative is useful in case it becomes necessary during the trial to excuse a juror owing to illness or for some other cause and no alternate juror is available. The rule is a restatement of existing practice, the constitutionality of which was approved in Patton v. United States, 281 U.S. 276. Note to Subdivision (c). This rule changes existing law in so far as it requires the court in a case tried without a jury to make special findings of fact if requested. Cf. Connecticut practice, under which a judge in a criminal case tried by the court without a jury makes findings of fact, State v. Frost, 105 Conn. 326. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT This amendment adds to the rule a provision added to Civil Rule 52(a) in 1946. NOTES OF ADVISORY COMMITTEE ON RULES - 1977 AMENDMENT The amendment to subdivision (b) makes it clear that the parties, with the approval of the court, may enter into an agreement to have the case decided by less than twelve jurors if one or more jurors are unable or disqualified to continue. For many years the Eastern District of Virginia has used a form entitled, 'Waiver of Alternate Jurors.' In a substantial percentage of cases the form is signed by the defendant, his attorney, and the Assistant United States Attorney in advance of trial, generally on the morning of trial. It is handled automatically by the courtroom deputy clerk who, after completion, exhibits it to the judge. This practice would seem to be authorized by existing rule 23(b), but there has been some doubt as to whether the pretrial stipulation is effective unless again agreed to by a defendant at the time a juror or jurors have to be excused. See 8 J. Moore, Federal Practice 23.04 (2d. ed. Cipes, 1969); C. Wright, Federal Practice and Procedure: Criminal Sec. 373 (1969). The proposed amendment is intended to make clear that the pretrial stipulation is an effective waiver, which need not be renewed at the time the incapacity or disqualification of the juror becomes known. In view of the fact that a defendant can make an effective pretrial waiver of trial by jury or by a jury of twelve, it would seem to follow that he can also effectively waive trial by a jury of twelve in situations where a juror or jurors cannot continue to serve. As has been the practice under rule 23(b), a stipulation addressed to the possibility that some jurors may later be excused need not be open-ended. That is, the stipulation may be conditioned upon the jury not being reduced below a certain size. See, e.g., Williams v. United States, 332 F.2d 36 (7th Cir. 1964) (agreement to proceed if no more than 2 jurors excused for illness); Rogers v. United States, 319 F.2d 5 (7th Cir. 1963) (same). Subdivision (c) is changed to make clear the deadline for making a request for findings of fact and to provide that findings may be oral. The oral findings, of course, become a part of the record, as findings of fact are essential to proper appellate review on a conviction resulting from a nonjury trial. United States v. Livingston, 459 F.2d 797 (3d Cir. 1972). The meaning of current subdivision (c) has been in some doubt because there is no time specified within which a defendant must make a 'request' that the court 'find the facts specially.' See, e.g., United States v. Rivera, 444 F.2d 136 (2d Cir. 1971), where the request was not made until the sentence had been imposed. In the opinion the court said: This situation might have raised the interesting and apparently undecided question of when a request for findings under Fed. R. Crim. P. 23(c) is too late, since Rivera's request was not made until the day after sentence was imposed. See generally Benchwick v. United States, 297 F.2d 330, 335 (9th Cir. 1961); United States v. Morris, 263 F.2d 594 (7th Cir. 1959). NOTES OF COMMITTEE ON THE JUDICIARY, SENATE REPORT NO. 95-354; 1977 AMENDMENTS PROPOSED BY THE SUPREME COURT Subsection (b) of section 2 of the bill simply approves the Supreme Court proposed changes in subdivisions (b) and (c) of rule 23 for the reasons given by the Advisory Committee on Rules of Practice and Procedure to the Judicial Conference. NOTES OF ADVISORY COMMITTEE ON RULES - 1983 AMENDMENT Note to Subdivision (b). The amendment to subdivision (b) addresses a situation which does not occur with great frequency but which, when it does occur, may present a most difficult issue concerning the fair and efficient administration of justice. This situation is that in which, after the jury has retired to consider its verdict and any alternate jurors have been discharged, one of the jurors is seriously incapacitated or otherwise found to be unable to continue service upon the jury. The problem is acute when the trial has been a lengthy one and consequently the remedy of mistrial would necessitate a second expenditure of substantial prosecution, defense and court resources. See, e.g., United States v. Meinster, 484 F.Supp. 442 (S.D.Fla. 1980), aff'd sub nom. United States v. Phillips, 664 F.2d 971 (5th Cir. 1981) (juror had heart attack during deliberations after 'well over four months of trial'); United States v. Barone, 83 F.R.D. 565 (S.D. Fla. 1979) (juror removed upon recommendation of psychiatrist during deliberations after 'approximately six months of trial'). It is the judgment of the Committee that when a juror is lost during deliberations, especially in circumstances like those in Barone and Meinster, it is essential that there be available a course of action other than mistrial. Proceeding with the remaining 11 jurors, though heretofore impermissible under rule 23(b) absent stipulation by the parties and approval of the court, United States v. Taylor, 507 F.2d 166 (5th Cir. 1975), is constitutionally permissible. In Williams v. Florida, 399 U.S. 78 (1970), the Court concluded the fact that the jury at common law was composed of precisely 12 is an historical accident, unnecessary to effect the purposes of the jury system and wholly without significance 'except to mystics.' * * * To read the Sixth Amendment as forever codifying a feature so incidental to the real purpose of the Amendment is to ascribe a blind formalism to the Framers which would require considerably more evidence than we have been able to discover in the history and language of the Constitution or in the reasoning of our past decisions. * * * Our holding does no more than leave these considerations to Congress and the States, unrestrained by an interpretation of the Sixth Amendment which would forever dictate the precise number which can constitute a jury. Williams held that a six-person jury was constitutional because such a jury had the 'essential feature of a jury,' i.e., 'the interposition between the accused and his accuser of the common-sense judgment of a group of laymen, and in the community participation and shared responsibility which results from that group's determination of guilt or innocence,' necessitating only a group 'large enough to promote group deliberation, free from outside attempts at intimidation, and to provide a fair possibility for obtaining a representative cross section of the community.' This being the case, quite clearly the occasional use of a jury of slightly less than 12, as contemplated by the amendment to rule 23(b), is constitutional. Though the alignment of the Court and especially the separate opinion by Justice Powell in Apodoca v. Oregon, 406 U.S. 404 (1972), makes it at best uncertain whether less-than-unanimous verdicts would be constitutionally permissible in federal trials, it hardly follows that a requirement of unanimity of a group slightly less than 12 is similarly suspect. The Meinster case clearly reflects the need for a solution other than mistrial. There twelve defendants were named in a 36-count, 100-page indictment for RICO offenses and related violations, and the trial lasted more than four months. Before the jury retired for deliberations, the trial judge inquired of defense counsel whether they would now agree to a jury of less than 12 should a juror later be unable to continue during the deliberations which were anticipated to be lengthy. All defense counsel rejected that proposal. When one juror was excused a day later after suffering a heart attack, all defense counsel again rejected the proposal that deliberations continue with the remaining 11 jurors. Thus, the solution now provided in rule 23(b), stipulation to a jury of less than 12, was not possible in that case, just as it will not be possible in any case in which defense counsel believe some tactical advantage will be gained by retrial. Yet, to declare a mistrial at that point would have meant that over four months of trial time would have gone for naught and that a comparable period of time would have to be expended on retrial. For a variety of reasons, not the least of which is the impact such a retrial would have upon that court's ability to comply with speedy trial limits in other cases, such a result is most undesirable. That being the case, it is certainly understandable that the trial judge in Meinster (as in Barone) elected to substitute an alternate juror at that point. Given the rule 23(b) bar on a verdict of less than 12 absent stipulation, United States v. Taylor, supra, such substitution seemed the least objectionable