text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1390

 92 STAT. 2670 28 USC 1474.

Ante, p. 2560.

28 USC 1475.

28 USC 1476.

28 USC 1477.

28 USC 1478.

28 USC 1479.

PUBLIC LAW 95-598—NOV. 6, 1978 "§ 1474. Venue of cases ancillary to foreign proceedings " (a) A case under section 304 of title 11 to enjoin the commencement or continuation of an action or proceeding in a State or Federal court, or the enforcement of a judgment, may be commenced only in the bankruptcy court for the district where the State or Federal court sits in which is pending the action or proceeding against which the injunction is sought. "(b) A case under section 304 of title 11 to enjoin the enforcement of a lien against property, or to require turnover of property of an estate, may be commenced only in the bankruptcy court for the district in which such property is found. "(c) A case under section 304 of title 11, other than a case specified in subsection (a) or (b) of this section, may be commenced only in the bankruptcy court for the district in which is located the principal assets in the United States, of the estate that is the subject of such case. "§ 1475. Change of venue "A bankruptcy court may transfer a case under title 11 or a proceeding arising under or related to such a case to a bankruptcy court for another district, in the interest of justice and for the convenience of the parties. "§ 1476. Creation or alteration of district or division "Cases or proceedings pending at the time of the creation of a new district or division or transfer of a county or territory from one division or district to another may be tried in the district or division as it existed at the institution of the case or proceeding, or in the district or division so created or to which the county or territory is so transferred as the parties shall agree or the court direct. «§ 1477. Cure or waiver of defects "(a) The bankruptcy court of a district in which is filed a case or proceeding laying venue in the wrong division or district may, in the interest of justice and for the convenience of the parties, retain such case or proceeding, or may transfer, under section 1475 of this title, such case or proceeding to any other district or division. "(b) Nothing in this chapter shall impair the jurisdiction of a bankruptcy court of any matter involving a party who does not interpose timely and sufficient objection to the venue. «§ 1478. Removal to the bankruptcy courts "(a) A party may remove any claim or cause of action in a civil action, other than a proceeding before the United States Tax Court or a civil action by a Government unit to enforce such governmental unit's police or regulatory power, to the bankruptcy court for the district where such civil action is pending, if the bankruptcy courts have jurisdiction over such claim or cause of action. "(b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order under this subsection remanding a claim or cause of action, or a decision not so remanding, is not reviewable by appeal or otherwise. "§ 1479. Provisional remedies; security "(a) Whenever any action is removed to a bankruptcy court under section 1478 of this title, any attachment or sequestration of the goods or estate of the defendant in such action shall hold the goods or estate to answer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the court from which the action was removed, unless the attachment or sequestration is invalidated under applicable law.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1391

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2671

" (b) Any bond, undertaking, or security given by either party in an action prior to removal under section 1478 of this title shall remain valid and effectual notwithstanding such removal, unless such bond, undertaking, or other security is invalidated under applicable law. "(c) All injunctions, orders, or other proceedings in an action prior to removal of such action under section 1478 of this title shall remain in full force and effect until dissolved or modified by the bankruptcy court. "§ 1480. J u r y trials " (a) Except as provided in subsection (b) of this section, this chapter and title 11 do not affect any right to trial by jury, in a case under title 11 or in a proceeding arising under title 11 or arising in or related to a case under title 11, that is provided by any statute in effect on September 30, 1979. "(b) The bankruptcy court may order the issues arising under section 303 of title 11 to be tried without a jury. •*§ 1481. Powers of bankruptcy court "A bankruptcy court shall have the powers of a court of equity, law, and admiralty, but may not enjoin another court or punish a criminal contempt not committed in the presence of the judge of the court or warranting a punishment of imprisonment. "§ 1482. Appeals "(a) Panels designated under section 160(a) of this title shall have jurisdiction of appeals from all final judgments, orders, and decrees of bankruptcy courts. "(b) Panels designated under section 160(a) of this title shall have jurisdiction of appeals from interlocutory judgments, orders, and decrees of bankruptcy courts, but only by leave of the panel to which the appeal is taken.". (b) The table of chapters of part IV of title 28 of the United States Code is amended by inserting immediately after the item relating to chapter 89 the following: "90. District Courts and Bankruptcy Courts

28 USC 1480.

Ante, p. 2559. 28 USC 1481.

28 USC 1482. Ante, p. 2659.

>

1471".

SEC. 242. Section 1656 of title 28 of the United States Code is amended by inserting "or in a bankruptcy court" immediately after "a district court". SEC. 243. Section 1869(f) of title 28 of the United States Code is amended by inserting "chapter 6 of title 28, United States Code," immediately after "chapter 5 of title 28, United States Code,". SEC. 244. Section 1914(a) of title 28 of the United States Code is amended by striking out "$15" and inserting "$60" in lieu thereof. SEC. 245. Section 1923(b) of title 28 of the United States Code is amended by inserting "and United States trustees" immediately after "United States attorneys". SEC. 246. (a) Chapter 123 of title 28 of the United States Code is amended by inserting immediately after section 1929 the following: "§ 1930. Bankruptcy courts " (a) Notwithstanding section 1915 of this title, the parties commencing a case under title 11 shall pay to the clerk of the bankruptcy court the following filing fees: " (1) For a case commenced under chapter 7 or 13 of title 11, $60. "(2) For a case commenced under chapter 9 of title 11, $300. " (3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in section 101 of title 11, $200. '^

28 USC 1930.

Ante, pp. 2603, 2645. 'y'^' P* ^^^^' '^"•^' P- ^^^^• Ante, p. 2549.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1392

 92 STAT. 2672 Anu, p. 2625.

Fees.

PUBLIC LAW 95-598—NOV. 6, 1978 « (4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $500. An individual commencing a voluntary case or a joint case under title 11 may pay such fee in installments. " (b) The Judicial Conference of the United States may prescribe additional fees in cases under title 11 of the same kind as the Judicial Conference prescribes under section 1914(b) of this title. "(c) Upon the filing of any separate or joint notice of appeal or application for appeal or upon the receipt of any order allowing, or notice of the allowance of, an appeal or a writ of certiorari $5 shall be paid to the clerk of the bankruptcy court, by the appellant or petitioner. "(d) Wheoiever any case or proceeding is dismissed in any bankruptcy court for want of jurisdiction, such court may order the payment of just costs. "(e) The clerk of the bankruptcy court may collect only the fees prescribed under this section.". (b) The table of sections of chapter 123 of title 28 of the United States Code is amended by adding at the end thereof the following: "1930. Bankruptcy courts.".

Ante, pp. 2582, 2641. 28 USC 2256.

Ante, p. 2645.

SEC. 247. Section 2075 of title 28 of the United States Code is amended by— (1) striking out "under the Bankruptcy Act" and inserting in lieu thereof "in cases under title 11"; and (2) by striking out the last sentence thereof. SEC. 248. Section 2107 of title 28 of the United States Code is amended— (1) by inserting "or the bankruptcy court" immediately after "district court"; and (2) by striking out the final paragraph. SEC. 249. Section 2201 of title 28 of the United States Code is amended by inserting "or a proceeding under section 505 or 1146 of title 11" immediately after "the Internal Revenue Code of 1954". SEC. 250. (a) Chapter 153 of title 28 of the United States Code is amended by adding at the end thereof the following: «§ 2256. Habeas corpus from bankruptcy courts "A bankruptcy court may issue a writ of habeas corpus— "(1) when appropriate to bring a person before the court— "(A) for examination; "(B) to testify; or "(C) to perform a duty imposed on such person under this title; or "(2) ordering the release of a debtor in a case under title 11 in custody under the judgment of a Federal or State court if— "(A) such debtor was arrested or imprisoned on process in any civil action; "(B) such process was issued for the collection of a debt— " (i) dischargeable under title 11; or "(ii) that is or will be provided for in a plan under chapter 11 or 13 of title 11; and "(C) before the issuance of such writ, notice and a hearing have been afforded the adverse party of such debtor in custody to contest the issuance of such writ.". (b) The table of sections for chapter 153 of title 28 of the United States Code is amended by adding at the end thereof the following: "2256. Habeas corpus from bankruptcy courts.".

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1393

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2673

SEC. 251. (a) Kule 1101(a) of the Federal Rules of Evidence is 28 USC app. amended by striking out", referees in bankruptcy,". (b) Rule 1101(b) of the Federal Rules of Evidence is amended by striking out "the Bankruptcy Act" and inserting in lieu thereof "'title 11, United States Code". SEC. 252. Rule 1101 (a) of the Federal Rules of Evidence is amended by inserting "the United States bankruptcy courts," immediately after "the United States district courts,".

TITLE III—AMENDMENTS TO OTHER ACTS SEC. 301. Section 225(f)(C) of the Federal Salary Act of 1967 (2 U.S.C. 356(C)) is amended— (1) by striking out "sections 402(d) and" and inserting "section" in lieu thereof; and (2) by inserting "and magistrates" immediately before the semicolon. SEC. 302. The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by adding at the end thereof the following: "SEC. 19. (a) Notwithstanding title 11 of the United States Code, the Commission may provide, with respect to a commodity broker that is a debtor under chapter 7 of title 11 of the United States Code, by rule or regulation— " (1) that certain cash, securities, other property, or commodity contracts are to be included in or excluded from customer property or member property; "(2) that certain cash, securities, other property, or commodity contracts are to be specifically identifiable to a particular customer in a specific capacity; "(3) the method by which the business of such commodity broker is to be conducted or liquidated after the date of the filing of the petition under such chapter; "(4) any persons to which customer property and commodity contracts may be transferred under section 766 of title 11 of the United States Code; and "(5) how the net equity of a customer is to be determined. "Cb) As used in this section, the terms 'commodity broker', 'commodity contract', 'customer', 'customer property', 'member property', 'net equity', and 'security' have the meanings assigned such terms for the purposes of subchapter IV of chapter 7 of title 11 of the United States Code.". SEC. 303. (a) Subsection (a) of section 4 of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499d (a)), isiamended by inserting ", unless the Secretary finds upon examination of the circumstances of such bankruptcy, which he shall examine if requested to do so by said licensee, that such circumstances do not warrant such termination" immediately after "bankrupt".' (b) Subsection (e) of section 4 of such Act (7 U.S.C. 499d(e)) is amended by inserting "and if he finds that the circumstances of such bankruptcy warrant siich a refusal," immediately after "corporation adjudicated or discharged as a bankrupt,". SEC. 304. Section 21 ('a) of the Agricultural Adjustment Act (7 U.S.C. 623 (a)) is amended— (1) by striking out "receivership, and bankruptcy" and inserting "and receivership" in lieu thereof; and (2) by striking out "bankruptcy," in the second sentence.

aQ-iQ4n—«n—nt 9

«« • o r a

7 USC 24. Ante, p. 2603. .ir

Ante, p. 2619. Definitions, Ante, p. 2615.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1394

 92 STAT. 2674 .ff« D'-: •

Ante, p. 2549.

11 USC 108. Anu, p. 2602.

Ante, p. 2562.

,,

PUBLIC LAW 95-598—NOV. 6, 1978 SEC. 305. The first section of the Act entitled "An Act to authorize the Secretary of Agriculture to compromise, adjust, or cancel certain indebtedness, and for other purposes." approved December 20, 1944 (58 Stat. 836; 12 U.S.C. 1150), is amended by striking out "Act entitled 'An Act to establish a uniform system of bankruptcy throughout the United States' " and inserting "Bankruptcy Act or under title 11 of the United States Code" in lieu thereof. SEC. 306. (a) Section 3(a)(7) of the Securities Act of 1933 (15 U.S.C. 77c(a)(7)) is amended by striking out "in bankruptcy" and inserting "or debtor in possession in a case under title 11 of the United States Code" in lieu thereof. (b) Paragraphs (9) and (10) of section 3(a) of such Act (15 U.S.C. 77c(a)(9) and (10)) are each amended by striking out "Any" and inserting in lieu thereof the following: "Except with respect to a security exchanged in a case under title 11 of the United States Code, any". SEC. 307. Section 303(18) of the Trust Indenture Act of 1939 (15 U.S.C. 77ccc( 18)) is amended by striking out "Act entitled'An Act to establish a uniform system of bankruptcy throughout the United States', approved July 1, 1898, as amended, whether amended prior to or after the enactment of this title" and inserting "Bankruptcy Act or title 11 of the United States Code" in lieu thereof. SEC. 308. (a) Section 5(b)(1)(A) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(b)(1)) is amended— (1) by striking out "the Bankruptcy Act" and inserting "section 101 of title 11 of the United States Code" in lieu thereof; (2) by strikina: out subparagraph (B) thereof; and (3) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C),and (D),respectively. (b) Section 5(b)(2)(A) (iii) of such Act (15 U.S.C. 78eee(b)(2) (A) (iii)) is amended by striking out "bankruptcy by the Bankruptcy Act" and inserting "the United States having jurisdiction over cases under title 11 of the United States Code" in lieu thereof. (c) Section 5(b)(2)(B) (iii) of such Act (15 U.S.C. 78eee(b)(2) fB)(iii)) is amended by striking out ", the right of setoff provided in section 68 of the Bankruptcy Act, and" and inserting in lieu thereof "any right of setoff, except to the extent such right may be affected under section 553 of title 11 of the United States Code, and shall not abrogate". (d) Section.5/b)(3) of such Act (15 U.S.C. 78eee(b)(3)) is amended by striking out "the applicable provisions of the Bankruptcv Act" and inserting "section 322 of title 11 of the United States Code" in lieu thereof. (e) Section 5(b) of such Act (15 U.S.C. 78eee(b)) is amended by strikino^ out paragraph (4) thereof and inserting in lieu thereof the following: "(4)

REMOVAL, TO BAXKRUPTCY COURT.—Upon the issuance of a

protective decree and appointment of a trustee, or a trustee and counsel, under this section, the court shall forthwith order the removal of the entire liquidation proceeding to the court of the United States in the same judicial district having jurisdiction over cases under title 11 of the United States Code. The latter court shall thereupon have all of the jurisdiction, powers, and duties conferred by this Act upon the court to which application for the issuance of the protective decree was made.". (f) Section 5(b)(5) of such Act (15 U.S.C. 78eee(b)(5)) is amended—

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1395

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2675

(1) by striking out subparagraph (B); (2) by striking out "the Bankruptcy Act governing applications for allowances under such Act" in subparagraph (C) and inserting "title 11 of the United States Code governing applications for allowances under such title"; (3) by striking out "C" in subparagraph (D) and inserting " (B) " in lieu thereof; (4) by striking out "the Bankruptcy Act" in subparagraph (E) and inserting "section 504 of title 11 of the United States Code" in lieu thereof; and (5) by redesignating subparagraphs (C), (D), (E), and (F) as subparagraphs (B), (C), (D) 5 and (E), respectively. (g) Section 6(b) of such Act (15 U.S.C. 78fff (b)) is amended— (1) by striking out", the Bankruptcy Act." and all that follows through the end of subsection (b), and inserting in lieu thereof "chapters 1, 3, and 5 and subchapters I and II of chapter 7 of title 11 of the United States Code. For the purposes of applying such title in carrying out this section, a reference in such title to the date of the filing of the petition shall be deemed to be a reference to the filing date under this Act."; and (2) by striking out "Application of Bankruptcy Act" and inserting "Application of Title 11 of the United States Code" in lieu thereof. (h) Section 6(e) of suchAct (15 U.S.C.78fff (e)) isamended— (1) by striking out "in the Bankruptcy Act" and inserting "in section 726 of title 11 of the United States Code" in lieu thereof; and (2) by striking out "as a first priority under the Bankruptcy Act" and inserting "under section 507(a)(1) of title 11 of the United States Code" in lieu thereof. (i) Section 7(a) of such Act (15 U.S.C. 78fff-l(a)) is amended by striking out "bankruptcy under the Bankruptcy Act has with respect to a bankrupt and the property of a bankrupt" and inserting "a case under title 11 of the United States Code" in lieu thereof. (j) Section 7(b) of such Act (15 U.S.C. 78fff-l(b)) is amended by striking out "in bankruptcy" and inserting "in a case under chapter 7 of title 11 of the United States Code, including, if the debtor is a commodity broker, as defined under section 101 of such title, the duties specified in subchapter IV of such chapter 7," in lieu thereof. (k) Section 7(c) of such Act (15 U.S.C. 78fff-l (c)) is amended by striking out "by the Bankruptcy Act" and inserting "of a trustee in a case under chapter 7 of title 11 of the United States Code" in lieu thereof. (1) Section 8(a)(1) of such Act (15 U.S.C. 78fff-2(a)(1)) is amended by striking out "the Bankruptcy Act" and inserting "title 11 of the United States Code" in lieu thereof. (m) Section 8(c)(3) of such Act (15 U.S.C. 78fff-2(c)(3)) is amended by striking out "the Bankruptcy Act" and inserting "title 11 of the United States Code" in lieu thereof. (n) Section 10(e) of such Act (15 U.S.C. 78fff-4(e)) IB amended— (1) by striking out "Jurisdiction of District Courts" and inserting "Jurisdiction of Bankruptcy Courts" in lieu thereof; (2) by striking out "district courts of the United States" and inserting "courts of the United States having jurisdiction over cases under title 11 of the United States Code" in lieu thereof; and

Ante, p. 2582.

Ante, pp. 2549, 2558, 2578, 2604, 2606.

Ante, p. 260. Ante, p. 2608. ^rate, p. 2583. Ante, p. 260.

Ante, p. 261.

Ante, p. 266.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1396

 92 STAT. 2676

Ante, p. 271. .g'ic.2 « •

- " '• ^*

'""' Mm ^ ^, ^ .Mn%., ^

.ess -<i

Ante, p. 2645.

11 USC prec. 1.

18 USC 151 et ^-

ddi.j

18 USC 151.

PUBLIC LAW 95-598—NOV. 6, 1978 (3) by striking out ", without regard to the citizenship of the parties or the amount in the controversy". (Q) Section 16 of such Act (15 U.S.C. 78111) is amended— (1^ by striking out paragraph (1) thereof; (2) by striking out paragraph (8)(A) thereof and inserting in lieu thereof the following: "(A) if a petition under title 11 of the United States Code concerning the debtor was filed before such date, the term 'filing date' means the date on which such petition was filed;" and (3) by redesignating paragraphs (2) through (15) thereof as paragraphs (1) through (14), respectively. SEC. 309. Section 11(f) of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79k(f)) is amended by striking out "bankruptcy" and inserting "case under title 11 of the United States Code" in lieu thereof. SEC. 310. (a) Section 2(a)(8) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(8)) is amended by striking out "bankruptcy" and inserting "a case under title 11 of the Unitde States Code" in lieu thereof. (b) Section 6(a)(2) of such Act (15 U.S.C. 80a-6(a)(2)) is amended by striking out "bankruptcy" and inserting "a case under title 11 of the United States Code" in lieu thereof. (c) Section 25(d) of such Act (15 U.S.C. 80a-25(d)) is amended by striking out "the Bankruptcy Act of 1898, as amended" and inserting "title 11 of the United States Code" in lieu thereof. gEC. 311. Section 202(a)(5) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(5)) is amended by striking out "bankruptcy" and inserting "a case under title 11 of the United States Code" in lieu thereof. SEC. 312. (a) Section 303(b)(1)(B) of the Consumer Credit Protection Act (15 U.S.C. 1673(b)(1)(B)) is amended by striking out "court of bankruptcy under chapter X III of the Bankruptcy Act" and inserting "court of the United States having jurisdiction over cases under chapter 13 of title 11 of the United States Code" in lieu thereof. (b) Section 605(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)(1)) is amended to read as follows: " (1) cases under title 11 of the United States Code or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.". SEC. 313. Section 201(e) of title 17 of the United States Code is amended by striking out the period at the end thereof and inserting ", except as provided under title 11." in lieu thereof. SEC. 314. (a) Chapter 9 of title 18 of the United States Code is amended— (1) by striking out "bankrupt" each place it appears and inserting "debtor" in lieu thereof; (2) by striking out "bankruptcy proceeding" each place it appears and inserting "case under title 11" in lieu thereof; (3) by striking out "bankruptcy law" each place it appears and inserting "provisions of title 11" in lieu thereof, (b)(1) Title 18 of the United States Code is amended by striking out section 151 and inserting in lieu thereof the following: «§ 151. Definition "As used in this chapter, the term 'debtor' mean a debtor concerning whom a petition has been filed under title 11.".

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1397

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2677

(2) The item relating to section 151 in the table of sections for chapter 9 of title 18 of the United States Code is amended by striking out "Definitions" and inserting "Definition" in lieu thereof. (c) Section 152 of title 18 of the United States Code is amended by— (1) striking out "the receiver," each place it appears and inserting "a" in lieu thereof; and (2) striking out "document affecting or relating to the property or affairs of a" and inserting in lieu thereof "recorded information, including books, documents, records, and papers, relating to the property or financial affairs of a". (d)(1) Section 153 of title 18 of the United States Code is amended by striking out "receiver,". (2) The heading for section 153 of title 18 of the United States Code is amended by striking out", receiver". (3) The item relating to section 153 in the table of sections for chapter 9 of title 18 of the United States Code is amended by striking o u t ". receiver".

(e)(1) Section 154 of title 18 of the United States Code is amended— (A) by striking out "Whoever knowingly acts as a referee in a case in which he is directly or indirectly interested; or"; and (B) by striking out "referee, receiver,". (2) The heading for section 154 of title 18 of the United States Code is amended by striking out "referees and other". (3) The item relating to section 154 in the table of contents for chapter 9 of title 18 of the United States Code is amended by striking out "referees and other". (f)(1) Section 155 of title 18 of the United States Code is amended— (A) by striking out the semicolon at the end of the first paragraph thereof and all that follows down through "Shall" and inserting in lieu thereof ", shall"; (B) by inserting "knowingly and fraudulently" immediately after "supervision,"; and (C) by striking out ", bankruptcy or reorganization proceeding" and inserting "or case under title 11" in lieu thereof. (2) The heading for section 155 of title 18 of the United States Code is amended by striking out "bankruptcy proceedings" and inserting in lieu thereof "cases under title 11 and receiverships". (3) The item relating to section 155 in the table of sections for chapter 9 of title 18 of the United States Code is amended by striking

., '"'^^'^

o u t "bankruptcy proceedings" and inserting "cases under title 11 and reeeiver-

siiips" in lieu thereof. (g) Section 1961(1)(D) of title 18 of the United States Code is amended by striking out "bankruptcy fraud" and inserting "fraud connected with a case under title 11" in lieu thereof. (h) Section 2516(1)(e) of title 18 of the United States Code is amended by striking out "bankruptcy fraud" and inserting "fraud connected with a case under title 11" in lieu thereof. (i) Section 3057 of title 18 of the United States Code is amended— (1) by striking out "referee" each place it appears and inserting "judge" in lieu thereof; and (2) by striking out "violations of the bankruptcy laws" and inserting "violation under chapter 9 of this title" in lieu thereof. (j)(1) Section 2256 of title 28 of the United States Code is redesignated as section 3244 of title 18 of the United States Code.

""'

<

�


text:
The New Year

 * "The New Year 1904", a poem by Clarence Bicknell, translated from Esperanto
 * "The New Year", a poem by Annie Isabel Curwen
 * "New Year", a poem by Richard Watson Gilder
 * "The New Year", a poem by Malcolm Hemphrey
 * "The New Year", a poem by Letitia Elizabeth Landon
 * "The New Year", a poem by Mary Elizabeth Wilson Sherwood
 * "The New Year", a poem by Eliza Jane Stephens
 * "The New Year", a poem by Agnes Louisa Storrie
 * "The New Year", a poem by John Greenleaf Whittier

title: The New Year


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1398

 92 STAT. 2 6 7 8 18 USC 3231 et ««?•

V

'

Repeal.

" ^

Ante, p. 2603.

/

,

PUBLIC LAW 95-598—NOV. 6, 1978 (2) The table of sections of chapter 211 of title 18 of the United States Code is amended by adding at the end thereof the following: "3244. Jurisdiction of proceedings relating to transferred offenders.". (k) Section 3284 of title 18 of the United States Code is amended by striking out " b a n k r u p t or other debtor" and inserting "debtor in a case under title 11" in lieu thereof. (1) Section 6001(4) of title 18 of the United States Code is amended by inserting "a United States bankruptcy court established under chapter 6, title 28, United States Code," immediately after "title 28, United States Code ". SEC. 315. Section'485(f) of the Tariff Act of 1930 (19 U.S.C. 1485 (f)) is amended by striking out "receiver or trustee in b a n k r u p t c y " and inserting "trustee in a case under title 11 of the United States Code" in lieu thereof. SEC. 316. Section 302(1)(3) of the Automotive Products Trade Act of 1965 (19 U.S.C. 2022(1)(3)) is amended by striking out "bankr u p t c y " and inserting "cases under title 11 of the United States Code" in lieu thereof. SEC. 317. Section 439A of part B of title IV of the H i g h e r Education Act of 1965 (20 U.S.C. 1087-3) is repealed. SEC. 318. Section 239(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2199(d)) is amended by striking out "the p r i o r i t y " and inserting "any p r i o r i t y " in lieu thereof. SEC. 319. Section 2(1) of the National Labor Relations Act (29 U.S.C. 152 (1)) is amended by striking out " b a n k r u p t c y " and inserting "cases under title 11 of the United States Code" in lieu thereof. SEC. 320. Section 3(d) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 4 0 2 (d)) is amended by striking out " b a n k r u p t c y " and inserting "cases under title 11 of the United States Code" in lieu thereof. SEC. 321. (a) Section 4042 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1342) is amended in subsection (f) — (1) by striking out "bankruptcy and of a court in a proceeding under chapter X of the Bankruptcy Act " and inserting "the United States having jurisdiction over cases under chapter 11 of title 11 of the United States Code" in lieu thereof; and (2) by striking out "bankruptcy,". (b) Section 4062(c)(2) of such Act (29 U.S.C. 1 3 6 2 (c)(2)) is amended— (1) by striking out "the Bankruptcy Act " and inserting "title 11 of the United States Code" in lieu thereof; and (2) by striking out "the subject of a proceeding under that Act " and inserting "a debtor in a case under chapter 7 of such title" in lieu thereof. (c) Section 4068(c)(2) of such Act (29 U.S.C. 1 3 6 8 (c)(2)) is amended— (1) by striking out "the case of bankruptcy o r " and inserting "a case under title 11 of the United States Code or i n " in lieu thereof; and (2) by striking out "the B a n k r u p t c y Act " and inserting "title 11 of the United States Code" in lieu thereof. SEC. 322. (a) Section 3466 of the Revised Statutes of the United States (31 U.S.C. 191) is amended by adding at the end the following: " The priority established under this section does not apply, however, in a case under title 11 of the United States Code."

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1399

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2679

(b) Section 3467 of the Revised Statutes of the United States (31 U.S.C. 192) is amended by striking out "Every" and inserting in lieu thereof the following: "Except with respect to a trustee acting in accordance with the provisions of title 11 of the United States Code, every". (c) Section 3469 of the Revised Statutes of the United States (31 U.S.C. 194) is repealed. (d) Section 3473 of the Revised Statutes of the United States (31 U.S.C. 198) is repealed. (e) Section 3474 of the Revised Statutes of the United States (31 U.S.C. 199) is repealed. (f) The table of sections for title X X X VI of the Revised Statutes of the United States is amended by striking out the items relating to sections 3469,3473, and 3474. (g) Section 5256 of the Revised Statutes of the United States (45 U.S.C. 81) is amended by striking out "The laws of the United States providing for proceedings in bankruptcy shall not be held to apply to said corporation.". SEC. 323. Section 1 of the Act entitled "An Act to provide for the alteration of certain bridges over navigable waters of the United States, for the apportionment of the cost of such alterations between the United States and the owners of such bridges, and for other purposes", approved June 21, 1940 (54 Stat. 497; 33 U.S.C. 511), is amended by striking out "bankruptcy" and inserting "a case under title 11 of the United States Code" in lieu thereof. SEC. 324. Subsection (a) of section 17 of the Act of March 4, 1927 (44 Stat. 1434; 33 U.S.C. 917(a)), is repealed. SEC. 325. Section 213 of the Transportation Act, 1920 (40 U.S.C. 316), is amended by striking out "bankruptcy" and inserting "case under title 11 of the United States Code" in lieu thereof. SEC. 326. Section 7 of the Act entitled "An Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes", approved June 30, 1936 (49 Stat. 2039; 41 U.S.C. 41), is amended by striking out "bankruptcy" and inserting "cases under title 11 of the United States Code" in lieu thereof. SEC. 327 Subsection (g) of section 733 of the Public Health Service Act (42 U.S.C. 294f) is repealed. SEC. 328. Subsection (b) of section 456 of the Social Security Act (42 U.S.C. 656 (b)) is repealed. SEC. 329. Section 503 (42 U.S.C. 1473) of the Housing Act of 1949 is amended by striking out "This" and inserting "Except as provided in title 11 of the United States Code, this" in lieu thereof. SEC. 330. Section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)) is amended by striking out "bankruptcy" and inserting "cases under title 11, United States Code" in lieu thereof. SEC. 331. Section 802(d) of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes", approved April 11, 1968 (82 Stat. 81; 42 U.S.C. 3602(d)), is amended by striking out "bankruptcy" and inserting "cases under title 11 of the United States Code" in lieu thereof. SEC. 332. Section 17 of the Boulder Canyon Project Act (43 U.S.C. 6l7p) is amended by striking out "Claims" and inserting "Except as provided in title 11 of the United States Code, claims" in lieu thereof. SEC. 333. Subsection (c) of section 3 of the Emergency Rail Services Act of 1970 (54 U.S.C. 662) is repealed.

Repeal. Repeal. Repeal.

Repeal.

Repeal. Repeal.

Repeal. 45 USC 662.

�


text:
Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/254

216 across the river here, and the rocks rose up and became a fall, at the foot of which the salmon now congregated in great numbers. He then taught the people to make and use three different types of salmon spear, which they use to this day in that region. The name of this fall in the native tongue is Neqoi'stem.

At this point in the recital Mischelle's memory gave out. He could only remember beyond this that the hero and his brothers parted later, and that Benign-face travelled all over the world, and that in one place, which the Indians now think must have been the white man's country, he taught the people how to make and use the plough and the waggon. He transformed himself into these two latter objects, that they might have a pattern to work by. For the waggon he made wheels by turning his arms and legs into circles, with his body between them, thus assuming the form of a waggon. He also taught them to make and use gunpowder; only this powder made no noise nor any smoke in going off. The gun was formed out of the stalk of the sugar-corn. It was not aimed at the object, as we aim the gun, but thrust out towards it, though it never left the hand.

This story is the longest in my collection. I have not attempted to curtail it, but have given it in all its detail as Mischelle gave it to me. Others will be found in the Report of the Committee for the Ethnological Survey of Canada, together with other data appertaining to the work of that Committee (Trans. British Association, 1898).

Buckland College,

Vancouver, B.C.


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1400

 92 STAT. 2680

46 USC 1247.

46 USC 741 et

'

^ a d:;-

PUBLIC LAW 95-598—NOV. 6, 1978 SEC. 3 M. Title IX of the Merchant Marine Act, 1936 (46 U.S.C. 1241 et seq.), is amended by adding at the end thereof the following: " SEC. 908. (a) Notwithstanding any other provision of law, in any proceeding in a bankruptcy, equity, or admiralty court of the United States in which a receiver or trustee may be appointed for any corporation engaged in the operation of one or more vessels of United States registry between the United States and any foreign country, upon which the United States holds mortgages, the court, upon finding that it will inure to the advantage of the estate and the parties in interest and that it will tend to further the purposes of this Act, may constitute and appoint the Secretary of Commerce as sole trustee or receiver, subject to the directions and orders of the court, and in any such proceeding the appointment of any person other than the Secretary as trustee or receiver shall become effective upon the ratification thereof by the Secretary without a hearing, unless the Secretary shall deem a hearing necessary. I n no such proceeding shall the Secretary be constituted as trustee or receiver without the Secretary's express consent. " (b) I f the court, in any such proceeding, is unwilling to permit the trustee or receiver to operate such vessels in such service pending the termination of such proceeding, without financial aid from the Government, and the Secretary certifies to the court that the continued operation of such vessel is, in the opinion of the Secretary, essential to the foreign commerce of the United States and is reasonably calculated to carry out the purposes and policy of this Act, the court may permit the Secretary to operate the vessels subject to the orders of the court and upon terms decreed by the court sufficient to protect all the parties in interest, for the account of the trustee or receiver, directly or through a managing agent or operator employed by the Secretary, if the Secretary undertakes to pay all o p e r a t m g losses resulting from such operation, and comply with the terms imposed by the court, and such vessel shall be considered to be a vessel of the United States within the meaning of the Suits in A d m i r a l t y Act. The Secretary shall have no claim against the corporation, its estate, or its assets for the amount of such payments, but the Secretary may pay such sums for depreciation as it deems reasonable and such other sums as the court may deem just. The payment of such sums, and compliance with other terms duly imposed by the court, together with the payment of the operating losses, shall be in satisfaction of all claims against the Secretary on account of the operation of such vessels.". SEC. 335. (a) Section 22(a) of the Organic Act of Guam ^ S U.S.C. 1424(a)) is amended by inserting "and a bankruptcy court" immediately after "jurisdiction of a district court". (b) Section 22(b) of such Act (48 U.S.C. 1424(b)) is amended by striking out "30 of the B a n k r u p t c y Act of July 1, 1898, as amended (title 11, TT.S.C, sec. 53), in bankruptcy cases;" and inserting "2075 of title 28, United States Code, in cases under title 11, United States Code," in lieu thereof. SEC. 336. (a) Section 22 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1612) is amended by inserting "and a bankruptcy court" immediately after "jurisdiction of a district court". Cb) Section 25 of such Act ('48 U.S.C. 1615) is amended by striking out "30 of the Bankruntcy Act in bankruptcy cases" and inserting "2075 of title 28. United States Code, in cases under title 11, United States Code" in lieu thereof. ^^^* ^'^^' ^^^ Section 20c of the Interstate Commerce Act (49 U.S.C. 20c) is amended by striking out " b a n k r u p t c y " and inserting "a case under title 11 of the United States Code" in lieu thereof.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1401

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 26fll

(b) Section 213(a)(3) of such Act (49 U.S.C. 313(a)(3)) is amended— (1) by striking out "bankruptcy from" and inserting "a case under title 11 of the United States Code from" in lieu thereof; and (2) by striking out "bankruptcy" and inserting "such case" in lieu thereof. (c) Section 323 of such Act (49 U.S.C. 922a) is amended by striking out "bankruptcy" and inserting "a case under title 11 of the United States Code" in lieu thereof. SEC. 338. (a) Section 8339 of title 5 of the United States Code is amended— (1) by inserting in subsection (f), immediately after "subsections (a) - (e) ", the following: "and (o)"; (2) by inserting in subsection (i), immediately after "subsections (a) - (h) ", the following "and (o) "; (3) by inserting in subsections (j) and (k)(l), immediately after "subsections (a) - (i) " each time it appears, the following: "and (o) "; (4) by inserting in subsection (1), immediately after "subsections (a) - (k), " the following: "and (o)"; (6) by inserting in subsection (m), immediately after "subsections (a) - (e) ", the following: "and (o)"; (6) by adding at the end thereof the following: "(o) The annuity of an employee who is a bankruptcy judge is computed with respect to service after March 31, 1979 and before April 1, 1984, as a bankruptcy judge and his military service (not exceeding five years) creditable under section 8332 of this title by multiplying 2^/^ percent of his average annual pay by the years of that service.". (b) The first sentence of section 8334(c) of title 5, United States Code, is amended by adding at the end thereof the following new schedule: "Bankruptcy j u d g e — 21/2 SVz 5 6 6% 7

August 1, 1920, to June 30, 1926. July 3, 1926, to June 30, 1942. July 1, 1942, to June 30, 1948. July 1, 1948, to October 31, 1956. November 1, 1956, to December 31, 1969. After January 1, 1970.".

(c) Section 8341 of title 5, United States Code is amended— (1) by inserting in subsection (b)(1), immediately after "section 8339(a)-(i)^ the following: "and (o)"; and (2) by striking out of subsection (d) "section 8339(a)-(f) and (i) " and insert in lieu thereof the following: "section 8339(a)(f),(i),and(o)". (d) Section 8344(a)(A) of title 5, United States Code, is amended by striking out "and (i) " and inserting in lieu thereof " (i), and (o)". (e) Section 8331 of title 5, United States Code, is amended— (1) by striking out "and" at the end of paragraph (20); (2) by striking out the period at the end of paragraph (21) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(22) 'bankruptcy judge' means an individual appointed under "Bankruptcy section 34 of the Bankruptcy Act (11 U.S.C. 62) or under section j"<ige"404 (d) of the Act adding this paragraph— "(A) who is serving as a United States bankruptcy judge on March 31, 1984, and that has agreed by filing a notice of such agreement with the President, the Senate, and the Direc-

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1402

 92 STAT. 2682

Ante, p. 2657.

PUBLIC LAW 95-598—NOV. 6, 1978 tor of the Administrative Office of the United States Courts, to accept an appointment as a judge of a United States bankruptcy court established under section 201 of this Act but that is not appointed by the President as a judge of such court; or "(B) whose service as a United States bankruptcy judge during the transition period is terminated by reason of death or disability.".

TITLE IV—TRANSITION REPEALER

Repeals. 11 USC prec. 1 note.

11 USC 202a.

SEC. 401. (a) The Bankruptcy Act is repealed. (b) Section 3 of the Act entitled "An Act to amend an Act entitled 'An Act to establish a uniform system of bankruptcy throughout the United States', approved July 1, 1898, and Acts amendatory thereof and supplementary thereto", approved March 3, 1933 (47 Stat. 1482; 11 U.S.C. 101a), is repealed. (c) Sections 3, 6, and 7 of the Act entitled "An Act to amend an Act entitled 'An Act to establish a uniform system of bankruptcy throughout the United States, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto", approved June 7, 1934 (48 Stat, 923, 924; 11 U.S.C. 76a, 203a, 205a), are repealed. (d) The sentence beginning "Said section 74" in section 2 of the Act entitled "An Act to amend an Act entitled 'An Act to establish a uniform system of bankruptcy throughout the United States', approved July 1, 1898, and Acts amendatory thereof and supplementary thereto", approved June 7, 1934 (48 Stat. 924; 11 U.S.C. 103a), is repealed. (e) Subsection (b) of section 4 of the Act entitled "An Act to amend an Act entitled 'An Act to establish a uniform system of bankruptcy throughout the United States', approved July 1, 1898, and Acts amendatory thereof and supplementary thereto", approved June 7, 1934 (48 Stat. 924; 11 U.S.C. 103a), is repealed. (f) Section 2 of the Act entitled "An Act to amend the Act entitled 'An Act to establish a uniform system of bankruptcy throughout the United States', approved July 1, 1898, as amended and supplemented", approved June 5, 1936 (49 Stat. 1476; 11 U.S.C. 93a), is repealed. (g) Section 3 of the Act entitled "An Act to amend the Interstate Commerce Act, as amended, and for other purposes", approved April 9, 1948 (62 Stat. 167; 11 U.S.C. 208), is repealed. EFFECTIVE DATES

11 USC prec. 101 note. Ante, p. 2657. Ante, pp. 2661, 2662. Ante, pp. 2661, 2662.

SEC. 402. (a) Except as otherwise provided in this title, this Act shall take effect on October 1, 1979. (b) Except as provided in subsections (c) and (d) of this section, the amendments made by title II of this Act shall take effect on April 1, 1984. (c) The amendments made by sections 210, 214, 219, 220, 222, 224, 225, 228, 229, 235, 244, 245, 246, 249, and 251 of this Act shall take effect on October 1, 1979. (d) The amendments made by sections 217,218,230,247,302,314(j), 317, 327, 328, 338, and 411 of this Act shall take effect on the date of enactment of this Act. (e) The amendments made by sections 335(a) and 336(a) of this Act shall take effect on April 1, 1984.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1403

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2683

SAVINGS PROVISIONS

SEC. 403. (a) A case commenced under the B a n k r u p t c y Act, and all matters and proceedings in or relating to any such case, shall be conducted and determined under such Act as if this Act h a d not been enacted, and the substantive rights of parties in connection with any such bankruptcy case, matter, or proceeding shall continue to be governed by the law applicable to such case, matter, or proceeding as if the Act h a d not been enacted. (b) Notwithstanding subsection (a) of this section, sections 1165, 1167, 1168, 1169, and 1171 of title 11 of the United States Code, as enacted by section 101 of this Act, apply to cases pending under section 77 of the Bankruptcy Act (11 U.S.C. 205) on the date of enactment of this Act in which the trustee has not filed a plan of reorganization. (c) The repeal made by section 401(a) of this Act does not affect any r i g h t of a referee in bankruptcy. United States bankruptcy judge, or survivor of a referee in bankruptcy or United States bankruptcy judge to receive any annuity or other payment under the civil service retirement laws. (d) The amendments made by section 314 of this Act do not affect the application of chapter 9, chapter 96, section 2516, section 3057, or section 3284 of title 18 of the United States Code to any act of any person— (1) committed before October 1, 1979; or (2) committed after October 1, 1979, in connection with a case commenced before such date. (e) Notwithstanding subsection (a) of this section, a fee may not be charged under section 40c(2)(b) of the B a n k r u p t c y Act in a case in which the plan is confirmed after September 30, 1978, to the extent that such fee exceeds $100,000.

llUSC preclOl note.

Ante, pp.

2641-2643. -Ante, p. 2549

18 USC 151 et seq., 1961 et seq.

11 USC 68

COURTS DURING TRANSITION

.SEC. 404. (a) The courts of bankruptcy, as defined under section 1(10) of the B a n k r u p t c y Act, created under section 2a of the Bankruptcy Act, and existing on September 30, 1979, shall continue through March 31, 1984, to be the courts of bankruptcy for the purposes of this Act and the amendments made by this Act. Each of the courts of bankruptcy so continued shall constitute a separate department of the district court that is such court of bankruptcy under the B a n k r u p t c y Act. (b) The term of a referee in bankruptcy who is serving on the date of enactment of this Act is extended to and expires on March 31, 1984 or when his successor takes office. During the period commencing on October 1, 1979, and ending on March 31, 1984 (hereinafter in this title referred to as "the transition period "), unless such referee is found to be not qualified by the Chief J u d g e of the Circuit Court after consultation with a merit screening committee established as provided in subsection (c) of this section, such a referee in bankruptcy upon the expiration of his appointed term as referee shall have the title of United States bankruptcy judge, and shall serve in the court of bankruptcy continued under subsection (a) of this section that appointed such United States bankruptcy judge, in the manner prescribed by this title. Section 8335(a) of title 5 of the United States Code shall not apply in respect of United States bankruptcy judges during the t r a n sition period.

28 USC prec. 151 note. 11 USC 1. 11 USC 11.

Referee.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1404

 92 STAT. 2684 State merit screening committee, establishment.

Ante, p. 2657. Ante, p. 2665.

PUBLIC LAW 95-598—NOV. 6, 1978 (c) There shall be established for each State a merit screening committee composed of the president or the designee of the president of the State bar association, the dean or the designee of the dean of a law school located within the State, and the president or designee of the president of a local bar association for the area wherein a referee in bankruptcy maintains his official headquarters within the State. Each such merit screening committee shall be organized and summoned to meetings by the circuit executive for the circuit embracing the State, who shall serve as secretary of each such screening committee established within the circuit. Before the expiration of the term of a referee in bankruptcy in office on the date of enactment of this Act, or if his successor has not been appointed before the date of enactment of this Act, a merit screening committee shall be organized by the circuit executive to pass on the qualifications of such referee for the purpose of determining whether the term of such referee shall be extended as provided under subsection (b) of this section. (d) Except as otherwise provided in this section or in section 407 of this Act, matters relating to the office of United States bankruptcy judges and to United States bankruptcy judges shall contiivue to be governed during the transition period by the rules set forth in sections 34, 35, 36, 40a, 40b, 40d, 41, and 43 of the Bankruptcy Act as such Act existed on September 30, 1979. A court of bankruptcy may not appoint an individual under such section 34 if the merit screening committee established under subsection (c) of this section for the district of such court finds such individual to be not qualified. (e) During the transition period, the United States bankruptcy judges of each district may appoint a clerk, necessary other employees, including law clerks and secretaries, and court reporters the same as the judges of a United States bankruptcy court established under section 201 of this Act may appoint such officers and employees under the amendment made by section 233 of this Act. Such clerk, other employees, and reporters shall have the same rights and powers, shall perform the same functions and duties and shall be subject to the same provisions of title 28 of the United States Code, as a clerk, other employee, or reporter, as the case may be, appointed under the amendment made by section 233 of this Act by a United States bankruptcy court established under section 201 of this Act. The United States bankruptcy judges of each district shall have the same rights and powers as a United States bankruptcy court established under section 201 of this Act with respect to such clerk, other employees, and reporters. (f) During the transition period, the provisions of sections 455, 456, 569(a), 571(b), 620(b)(3), and 957(a) of title 28 of the United States Code shall apply to United States bankruptcy judges and to any court officers or employees appointed or employed under subsection (e) of this section the same as such sections apply to the bankruptcy judges, and to any court officers or employees, of a United States bankruptcy court established under section 201 of this Act. During the transition period, the position of United States bankruptcy judge shall be deemed to be a position within the purview of subparagraph (C) of section 225(f) of the Federal Salary Act of 1967 (2 U.S.C.356(C)). (g) During the transition period, the Judicial Conference of the United States may from time to time in the light of the recommendations of the judicial councils of each circuit, made after advising with the district judges and the United States bankruptcy judges of the respective circuit, and of the Director of the Administrative Office of the United States Courts, increase the number of

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1405

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2685

full-time United States bankruptcy judges, or provide that a part-time United States bankruptcy judge for a particular district may serve in the capacity and receive the salary of a full-time United States bankruptcy judge, as the expeditious transaction of the business of the several courts of bankruptcy may require. JURISDICTION AND PROCEDURE DURING TRANSITION

SEC. 405. (a)(1) All cases commenced under title 11 of the United States Code during the transition period shall be referred to the United States bankruptcy judges. The United States bankruptcy judges may exercise in such cases the jurisdiction and powers conferred by subsection (b) of this section on the courts of ^bankruptcy continued by section 404(a) of this Act, and all proceedings in such cases shall be before the United States bankruptcy judges, except— (A) a proceeding to enjoin a court; (B) a proceeding to punish a criminal contempt— (i) not committed in the bankruptcy judge's actual presence; or (ii) warranting a punishment of imprisonment; or (C) an appeal from a judgment, order, decree, or decision of a United States bankruptcy judge. (2) Except as provided in subsection (c) of this section, any proceeding in a court of bankruptcy in a case under title 11 of the United States Code that is not before the United States bankruptcy judge shall be before the judge of the court of bankruptcy for the district in which such case is pending. (b) During the transition period, the amendments made by sections 241,243,250, and 252 of this Act shall apply to the courts of bankruptcy continued by section 404(a) of this Act the same as such amendments apply to the United States bankruptcy courts established under section 201 of this Act. (c)(1) During the transition period, an appeal from a judgment, order, or decree of a United States bankruptcy judge shall be— (A) if the circuit council of the circuit in which the bankruptcy judge sits so orders for the district in which the bankruptcy judge sits, then to a panel of three bankruptcy judges appointed in the manner prescribed by section 160 of title 28 of the United States Code, as added by section 201 of this Act; (B) if the parties to the appeal agree to a direct appeal to the court of appeals for such circuit, then to such court of appeals; or (C) to the district court for the district in which the bankruptcy judge sits. (2) During the transition period, the jurisdiction of the district courts, the courts of appeals, and panels of bankruptcy judges to hear appeals shall be the same as the jurisdiction of such courts and panels granted under the amendments made by sections 236, 237, 238, and 241 of this Act to hear appeals from the judgments, orders, and decrees of the bankruptcy courts established under section 201 of this Act. (d) The rules prescribed under section 2075 of title 28 of the United States Code and in effect on September 30, 1979, shall apply to cases under title 11, to the extent not inconsistent with the amendments made by this Act, or with this Act, until such rules are repealed or superseded by rules prescribed and effective under such section, as amended by section 248 of this Act.

^8 USC prec. ^^'^ °°*®'

' .,;;-

Ante, p. 2657.

Ante, p. 2659.

\

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1406

 92 STAT. 2686

PUBLIC LAW 95-598—NOV. 6, 1978 TRANSITION STUDT

28 USC prec. 151 note.

Ante, p. 2657.

Report.

Recommendations to Congress and President.

.

.,

Sec, 406. (a)(1) During the transition period, the Director of the Administrative Office of the United States Courts shall make continuing studies and surveys of conditions in the judicial districts to determine— (A) the number of bankruptcy judges of the United States bankruptcy courts established under section 201 of this Act that will be needed after March 31, 1984, to provide for the expeditious and effective administration of justice; and (B) the regular places of offices and the places at which courts shall be held. (2) I n the course of any survey, the Director shall take into account local conditions in each judicial district, including the areas and the population to be served, the transportation and communications facilities available, the average number and types of bankruptcy cases filed and closed during the transition period, the number of cases pending and judicial matters heard, and any other material factors. The Director shall give consideration to suggestions from any interested parties. (b) Upon completion of the studies and surveys required by subsection (a) of this section, the Director shall report to the judicial councils of the circuits and the Judicial Conference of the United States his recommendations concerning the number of bankruptcy judges, their principal places of offices, and the places where court shall be held. The judicial councils shall advise the Conference, stating their recommendations and the reasons therefor. The Conference shall recommend to the Congress and to the President, before January 3, 1983, in light of the recommendations of the Director and the judicial councils, the number of bankruptcy judges of the United States bankruptcy courts established under section 201 of this Act that will be needed after March 31, 1984, and the locations at which they shall serve. JUDICIAL ADMINISTRATION

28 USC prec. 151 note.

Sec. 407. (a) The Director of the Administrative Office of the United States Courts shall appoint a committee of not fewer than seven United States bankruptcy judges to advise the Director with respect to matters that arise during the transition period or that are relevant to the purposes of the transition period. (b) During the transition period, the Congress strongly recommends at least one-third of the members of any committee of the Judicial Conference of the United States that is concerned with the administration of the bankruptcy system shall be chosen from among the United States bankruptcy judges, and at least one member of any committee of the Judicial Conference that is concerned with court administration, supporting personnel, or bankruptcy court rules shall be chosen from among the United States bankruptcy judges. (c) During the transition period, the chief judge of each circuit shall summon at least one bankruptcy judge from each judicial district within the circuit to the judicial conference of such circuit called and held under section 332 of title 28 of the United States Code. UNITED STATES TRUSTEE PILOT

Studies and surveys. Congress President, and the Judicial Conference of the United States. 28 USC prec. 581 note.

SEC. 408. (a) The Attorney General shall conduct such studies and surveys as necessary to evaluate the needs, feasibility, and effectiveness ^^ *^^ United States trustee system, and shall report the result of such

^

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1407

 PUBLIC LAW 95-598—NOV. 6, 1978 studies and surveys to the Congress, the President, and the Judicial Conference of the United States, beginning on or before January 3, 1980, and annually thereafter during the transition period. (b) Not later than January 3, 1984, the Attorney General shall report to the Congress, to the President, and the Judicial Conference of the United States, as to the feasibility, projected annual cost and effectiveness of the United States trustee system, as determined on the basis of the studies and surveys respecting the operation of the United States trustee system in the districts, together with recommendations as to the desirability and method of proceeding with implementation of the United States trustee system in all judicial districts of the United States. (c) Chapter 15 of title 11 of the United States Code and chapter 39 of title 28 of the United States Code are repealed, and all references to the United States trustee contained in title 28 of the United States Code are deleted, as of April 1,1^84. The service of any United States trustee, of any assistant United States trustee, and of any employee employed or appointed under the authority of such chapter 39 is terminated on such date.

92 STAT. 2687

Report to Congress, President, and the Judicial Conference of ithe United States.

Repeal. 11 USC 1501 e seq. Ante, p. 2662.

TRANSFER TO N E W COURT SYSTEM

SEC. 409. (a) On April 1, 1984, there shall be transferred to the appropriate United States bankruptcy court established under section 201 of this Acl^(1) cases, and matters and proceedings in cases, under the Bankruptcy Act that are pending, at the end of September 30, 1983, in the courts of bankruptcy continued under section 404(a) of this Act, other than cases, and matters and proceedings in cases, under— (A) section 77 or chapter IX of the Bankruptcy Act; or (B) chapter X of the Bankruptcy Act in which a general reference under section 117 of the Bankruptcy Act is not in effect; and (2) cases, and proceedings arising under or related to cases, under title 11 of the United States Code that are pending, at the end of March 31, 1984, in the courts of bankruptcy continued under section 404(a) of this Act. (b) Civil actions pending on March 31, 1984, over which a United States bankrupcty court established under section 201 of this Act has jurisdiction on April 1, 1984, shall not abate, but continuation of any such action that has not been finally determined before April 1, 1985, may be enjoined, and any claims or causes of actions not resolved may be removed to a bankruptcy court under chapter 90 of title 28 of the United States Code. (c) All Government publications, law books, recording equipment, and other property furnished to bankruptcy judges' offices as of March 31, 1984, and of particular use to the offices of the judges of the United States bankruptcy courts, shall be transferred to the United States bankruptcy courts under the supervision of the Director of the Administrative Office of the United States Courts.

28 USC prec. 1471 note. Ante, p. 2657. 11 USC prec. 1 note.

11 USe205,401 «' *«?• 11 USC 501 et ««?• H USC 517.

ADDITIONAL RUIiEMAKING POWER

SEC. 410. The Supreme Court may issue such additional rules of 28 USC prec. procedure, consistent with Acts of Congress, as may be necessary for l'*71 note, the orderly transfer of functions and records and the orderly transition to the new bankruptcy court system created by this Act.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1408

 92 STAT. 2688

PUBLIC LAW 95-598—NOV. 6, 1978 SEC. 411. Section 40a of the Bankruptcy Act (11 U.S.C. 68(a)) is amended by striking out "$37,800" and inserting "$50,000" in lieu thereof, and by striking out "$18,900" and inserting "$25,000" in lieu thereof. Approved November 6, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-595 (Comm. on the Judiciary). SENATE REPORTS: No. 95-989 accompanying S. 2266 (Comm. on the Judiciary) and No. 95-1106 accompanying S. 2266. (Comm. on Finance). CONGRESSIONAL RECORD: Vol. 123 (1977): Oct. 27, 28, considered in House. Vol. 124 (1978): Feb. 1, considered and passed House. Sept. 7, considered and passed Senate, amended, in lieu of S. 2266. Sept. 22, passage vitiated; amendment in the nature of a substitute agreed to by Senate. Sept. 28, House concurred in Senate amendment with an amendment. Oct. 5, Senate concurred in House amendment with an amendment. Oct. 6, House concurred in Senate amendment.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1409

 SUBJECT INDEX

Page

Page

Absaroka-Beartooth Wilderness, Mont., designation 162 Accounting and Auditing Act of 1950, amendments 391, 3641 Adams National Historic Site, Mass., property acquisition 3467 Administrative Conference Act, amendments 317 Adult Education Act, amendments 2143 Advisory Council for the Appalachian National Scenic Trail, establishment 159 Africa: Foreign Relations Authorization Act, Fiscal Year 1979 963 International Development and Food Assistance Act of 1978 937 Age Discrimination Act of 1975, amendments 1513 Age Discrimination in Employment Act Amendments of 1978 189 Age Discrimination in Employment Act of 1967, amendments 189 Aged: Community Mental Health Centers Extension Act of 1978 3412 Comprehensive Employment and Training Act Amendments of 1978 1909 Comprehensive Older Americans Act Amendments of 1978 1513 Congregate Housing Services Act of 1978 2080 Education Amendments of 1978 2143 Equal employment opportunity 3781 Federal-Aid Highway Act of 1978 2689 Federal Public Transportation Act of 1978 2689 National Energy Conservation Policy Act 3206 Public Housing Security Demonstration Act of 1978 2080 Quiet Communities Act of 1978 3079 Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 2955 Revenue Act of 1978 2763 White House Conference on Aging Act, 1981 1513 Agencies. See specific agencies. Agricultural Act of 1949, amendments 240, 862 Agricultural Act of 1956, amendments 365 Agricultural Act of 1970, amendments 365 Agricultural Adjustment Act, amendments 240, 2549 Agricultural Adjustment Act of 1938, amendments 2529

Agricultural Commodities. See also individual commodities: Agricultural Trade Act of 1978 Child Nutrition Amendments of 1978 Comprehensive Older Americans Act Amendments of 1978 Futures Trading Act of 1978 Natural Gas Policy Act of 1978 Record inspection Transportation needs, establishment of Rural Transportation Advisory Task Force Agricultural Credit Act of 1978 Agricultural Foreign Investment Disclosure Act of 1978 Agricultural Marketing Agreement Act of 1937, amendments Agricultural Trade Act of 1978 Agricultural Trade Development and Assistance Act of 1954 Agricultural Trade Offices, establishment Aircraft and Air Carriers: Air cargo service improvement Airline Deregulation Act of 1978 Debtors, rights of secured parties, lessors, or vendors Foreign Relations Authorization Act, Fiscal Year 1979 Quiet Communities Act of 1978 Revenue Act of 1978 Seizure and forfeiture Airline Deregulation Act of 1978 Airport and Airway Development Act of 1970, amendments Ak-Chin Indian Community, water right claims against U.S Alabama: Historic Chattahoochee Compact, Ala.-Ga Alaska: Child Nutrition Amendments of 1978 Comprehensive Employment and Training Act Amendments of 1978 Fairbanks North Star Borough, conveyance of public lands to Federal-Aid Highway Act of 1978 Housing and Community Development Amendments of 1978 Kake village Natives corporation, acquisition and retention of certain lands National Wildlife Refuge System, payments Natural Gas Policy Act of 1978 Public Utility Regulatory Policies Act of 1978 Alaska Native Claims Settlement Act, amendments

NOTE: Part 1 contains pages 1-1336; Part 2 contains pages 1337-2688; Part 3 contains pages 2689-3959.

3fl-194 n — S n — n f 9

BQ. r>i Q

Al

1685 3603 1513 865 3350 2381 2475 420 1263 240 1685 937 1685 156 1705 2549 963 3079 2763 2479 1705 1705 409 1271 3603 1909 2485 2689 2080 1635 1319 3350 3117 2763

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1410

 m

SUBJECT INDEX

^•»—'J

Page

Alaskan Eskimos, Health Services and Centers Amendments of 1978 Alcohol and Drug Abuse Education Act, amendments A'rohol and Drug Abuse Education Amendments of 1978 Alcohol and Drug Abuse Education Office, establishment Alcoholic Beverages: Customs Procedural Reform and Simplification Act of 1978 Excise tax refunds Health Services and Centers Amendments of 1978 Taxes, beer and wine Alibates Flint Quarries National Monument, redesignation Aliens: Foreign Relations Authorization Act, Fiscal Year 1979 Immigration limitations Nazi Government persecution, exclusion of participants from U.S Revenue Act of 1978 Select Commission on Immigration and Refugee Policy, establishment Allegheny Portage Railroad National Historic Site, Pa., boundary change Amateur Sports Act of 1978 American Arts Gold Medallion Act "American Ephemeris and Nautical Almanac", name change American Folklife Preservation Act, amendments American Legion, membership eligibility American River, Calif., boundary description American Samoa: Child Nutrition Amendments of 1978 Comprehensive Employment and Training Act Amendments of 1978 Customs Procedural Reform and Simplification Act of 1978 Education Amendments of 1978 Federal-Aid Highway Act of 1978 Merchant Marine Academy, appointments nominations Nonvoting delegate to U.S. House of Representatives Amtrak Improvement Act of 1978 Anadromous Fish Conservation Act, amendments Anderson, Marian, American Arts Gold Medallion struck Animals: Endangered Species Act Amendments of 1978

3551 451 451 451 888 935 3551 1255 3467 963 907 2065 2763 907 3467 3045 3641 591 196 485 3467 3603 1909 888 2143 2689 396 2078 923 1278 3641 3751

Fish and Wildlife Improvement Act of 1978 Humane Methods of Slaughter Act of 1978 National Wildlife Refuge System, disposal of surplus by exchange Public Rangelands Improvement Act of 1978 Quarantines, penalty and regulation by Secretary of Agriculture Revenue Act of 1978 Sikes Act Amendments of 1978 Antarctic Conservation Act of 1978 Antietam National Battlefield, Md., redesignation and scenic easements Apache Tribe of Mescalero Reservation, judgement funds Appalachian National Scenic Trail, land acquisition Appalachian Regional Development Act of 1965, amendments Appropriations Acts:

3110 1069 1319 1803 1061 2763 921 2048 3467 1047 159 2689

[Note: For amendments to previously established appropriations acts see specific short titles.]

Agriculture Department, rural development, and related agencies, 1979 Commerce Department, 1978 Commerce Department, 1979 Congressional operations, 1979 Continuing, 1979 Defense Department, 1979 District of Columbia, 1978 District of Columbia, 1979

1073 417 1021 763 1603 1231 281 699

Executive Office, 1979 1001 Foreign assistance and related programs, 1979 1591 Health, Education, and Welfare Department, 1978 417 Health, Education, and Welfare Department, 1979 1571 Housing and Urban Development Department, 1979 791 Independent Offices, 1979 791, 1001 Interior Department and related agencies, 1979 1279 Judiciary, 1979 1021 Justice Department, 1979 1021 Labor Department, 1978 417 Labor Department, 1979 1567 Legislative Branch, 1979 763 Military construction, 1979 707 Postal Service, 1979 1001 State Department, 1979 1021 Supplemental, 1978...107, 157, 188, 248, 276, 343,413,523 Transportation Department and related agencies, 1979 435 Treasury Department, 1979 1001

NOTE: Part 1 contains pages 1-1336; Part 2 contains pages 1337-2688; Part 3 contains pages 2689-3959.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1411

 A3

SUBJECT INDEX

Page

Page

Architectural and Transportation Barriers Compliance Board, establishment Arizona: Carl Hayden Bee Research Center, designation Endangered American Wilderness Act of 1978 Grand Canyon National Park, financial assistance to school district National Parks and Recreation Act of 1978 Papago Indian Tribe, lands held in trust for Pascua Yaqui Indians, extension of Federal benefits Salt River Pima-Maricopa Indian Reservation, boundary revision Tusayan, sale of water to, from Grand Canyon National Park Arkansas: E.C. "Took" Gathings Building, designation Henry R. Koen Forest Service Building, designation John L. McClellan Memorial Veterans' Hospital, designation National Parks and Recreation Act of 1978 Armed Forces. See also Uniformed Services: Air Force— Eaker, Lt. Gen. Ira C, medal Army— U.S. Military Academy, N.Y., permanent faculty structure, modernization Defense Dependents' Education Act of 1978 Grade extension, temporary promotions, and retirement provisions Junior Reserve Officers' Training Corps program, participation by U.S. nationals Marine Corps— Sergeant Majors, retired pay, recalculation Military Construction Authorization Act, 1979 Powerplant and Industrial Fuel Use Act of 1978 Sikes Act Amendments of 1978 Union organizations, prohibition Voting rights, absentee registration and balloting Arms Control and Disarmament Act, amendments Arms Export Control Act, amendments

595

Armstrong, Louis, American Arts Gold Medallion struck 3641 Arthritis, Diabetes, and Digestive Disease Amendments of 1976, amendments 3420 Arts in Education Act of 1978 2143 Asia, International Development and Food Assistance Act of 1978 937 Atomic Energy Act of 1954, amendments 2947,3021 Automobiles. See Motor Vehicles. Automotive Products Trade Act of 1965, amendments 2549 Automotive Propulsion Research and Development Act of 1978 78

712

B

2955 1071 40 154 3467

851 2485 919 1318 363 3467

1060

2069 2143 719 592 2478 565 3289 921 3085 2535 458 730

Badlands National Monument, name changed to Badlands National Park 3467 Bald Eagle Protection Act, amendments 3110 Bank Holding Company Act Amendments of 1970, amendments 3641 Bank Holding Company Act of 1956, amendments 607, 3641 Bank Holding Company Tax Act of 1976, amendments 2763 Bank Service Corporation Act, amendments 3641 Banking Act of 1933, amendments 607 Bankruptcy Act: Amendments 729, 2549 Repeal 2549 Banks and Banking: Bankruptcy— Codification and enactment of uniform law as title 11, U.S. Code 2549 Employees of referees, uniform supervision and control 729 Federal Banking Agency Audit Act 391 Federal Reserve banks, extension of authority to buy and sell certain obligations 2032 Financial Institutions Regulatory and Interest Rate Control Act of 1978 3641 International Banking Act of 1978 607 National Consumer Cooperative Bank Act 499 National Energy Conservation Policy Act 3206 Revenue Act of 1978 2763 Securities Investor Protection Act Amendments of 1978 249 Small Business Energy Loan Act 377 Beef Research and Information Act, amendments 420 Bent's Old Fort National Historic Site, Colo., boundary changes 3467

NOTE: Part 1 contains pages 1-1336; Part 2 contains pages 1337-2688; Part 3 contains pages 2689-3959.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1412

 A4

SUBJECT INDEX

Bicentennial Medals, striking Bicycles. Federal-Aid Highway Act of 1978 Importation of certain parts, duty suspension National Energy Conservation Policy Act Bilingual Education Act Bilingual Education Office, establishment Biomedical Research and Research Training Amendments of 1978 Birds: Fish and Wildlife Improvement Act of 1978 Migratory Bird Conservation Fund, transfer of excess funds to Migratory-bird hunting and conservation, price increase of stamps and consultation with State or local governments regarding rental or purchase of areas for Black Lung BeneHts Act Black Lung BeneHts Reform Act of 1977 Black Lung BeneHts Revenue Act of 1977 Black Lung Compensation Insurance Fund, establishment Black Lung Disease. See Coal. Black Lung Disability Trust Fund, establishment Blind: Civil Service Reform Act of 1978 Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 Board for International Broadcasting Act of 1973, amendments Boards. See specific boards. Bob Marshall Wilderness, Flathead and Lewis and Clark National Forests, Mont., designation Books, Protection of Children Against Sexual Exploitation Act of 1977 Boston National Historical Park, Mass., boundary changes Boulder Canyon Project Act, amendments Brazil, International Security Assistance Act of 1978 Bretton Woods Agreements Act, amendments Bridges: Federal-Aid Highway Act of 1978 Port and Tanker Safety Act of 1978 U.S. Postal Service conveyor bridge construction, District of Columbia United States Railway Association Amendments Act of 1978

26 Budget and Accounting Act, 1921, amendments 2689 Budget and Accounting Procedures Act of 1950, amendments 3174 Budget Authority in President's Message of Jan. 27, 1978, 3206 rescinded 2143 Buffalo National River Wilderness, Ark., designation 2143 Buildings and Grounds. See Public Buildings and Grounds. 3420 C 3110 C. Bascom Slemp Building, Va., designation 1319 Calder, Alexander, American Arts Gold Medallion struck California: Chet Holifield Building, designation Department of Justice Appropriation Authorization Act, Fiscal Year 2071 1979 95 District courts Endangered American Wilderness Act 95 of 1978 Federal-Aid Highway Act of 1978 11 National Parks and Recreation Act of 1978 95 Redwood National Park, expansion Riverside County, land claims by U.S 11 Southern Pacific Transportation Co., land and real property 1111 conveyances Susanville Indian Rancheria, lands held in trust for Cambodia: 2955 Department of Justice Appropriation Authorization Act, Fiscal Year 963 1979 International Development and Food Assistance Act of 1978 2062 Canada: Fish and Wildlife Improvement Act of 1978 7 Foreign Relations Authorization Act, Fiscal Year 1979 3467 Powerplant and Industrial Fuel Use Act of 1978 2549 Public Utility Regulatory Policies Act of 1978 730 Reciprocal Fisheries Agreement for 1978 1051 Cape Cod National Seashore, Mass., boundary changes 2689 1471 Carl Hayden Bee Research Center, Ariz., designation Carlsbad Caverns Wilderness, N. Mex., designation 37 Gather, Willa, American Arts Gold Medallion struck 2397

NOTE: Part 1 contains pages 1-1336; Part 2 contains pages 1337-2688; Part 3 contains pages 2689-3959.

1799 2541 187 3467

2058 3641 468 3459 2458 40 2689 3467 163 2496 2485 1262

3459 937 3110 963 3289 3117 376 3467 1071 3467 3641

�


text: Page:Hockey, Canada's Royal Winter Game.djvu/16


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1413

 SUBJECT INDEX Page

Central, Western, and South Pacific Fisheries Development Act, amendments Ceramic Tableware, duty rate increase termination, proclamation Chalmette National Historical Park, redesignation as Chalmette Unit of Jean Lafitte National Historical Park Change in Bank Control Act of 1978 Change in Savings and Loan Control Act of 1978 Charles A. Lindbergh Federal Building, N.Y., designation Chattahoochee River National Recreation Area, Ga., establishment Chesapeake and Ohio Canal National Historical Park, boundary revision Chet Holifield Building, Calif., designation Cheyenne-Arapaho Indian Tribes, Okla., lands held in trust for Child Abuse Prevention and Treatment Act, amendments Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 Child Nutrition Act of 1966, amendments Child Nutrition Amendments of 1978 Children: Adopted immigrant, admission and naturalization Bilingual Education Act Community Mental Health Centers Extension Act of 1978 Comprehensive Employment and Training Act Amendments of 1978 Economic Opportunity Amendments of 1978 Education Amendments of 1978 Full Employment and Balanced Growth Act of 1978 Gifted and Talented Children's Education Act of 1978 Health Services and Centers Amendments of 1978 Indian Child Welfare Act of 1978 International Development and Food Assistance Act of 1978... Protection of Children Against Sexual Exploitation Act of 1977 Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 Revenue Act of 1978 Veterans' and Survivors' Pension Improvement Act of 1978

319 3958

3467 3641 3641 2022 474 3467 468 407 205 205 3603 3603 917 2143 3412 1909 2425 2143 1887 2143 3551 3069 937 7

2955 2763 2497

A5 Paige

China, People's Republic of. Agricultural Trade Act of 1978 1685 China, Republic of. International Security Assistance Act of 1978 730 Chiricahua National Monument, Ariz., boundary changes 3467 Cibola National Forest, N. Mex., boundary extension 3095 Cigarettes: Customs Procedural Reform and Simplification Act of 1978 888 Health Services and Centers Amendments of 1978 3551 Sale and distribution, racketeering, elimination 2463 Cigars, Customs Procedural Reform and Simplification Act of 1978 888 Citizens Band (CB) Radio Transceivers, temporary duty increase on importation, proclamation 3921 City of Refuge National Historical Park, name changed to Puuhonua o Honaunau National Historical Park 3467 Civil Rights Act of 1957, amendments 1067 Civil Rights Act of 1964, amendments...2076, 2549, 3459 Civil Rights Commission Act of 1978 1067 Civil Service Commission, redesignation as Merit Systems Protection Board 3783 Civil Service Reform Act of 1978 1111 Claims: [NOTE: For action concerning individuals, see Individual Index, foUovring this Subject Index.]

Alcoholic beverage losses resulting from disaster, vandalism, or malicious mischief, refund of tax on Bankruptcy Black Lung Benefits Reform Act of 1977 Black Lung Benefits Revenue Act of 1977 Comprehensive Employment and Training Act Amendments of 1978 Contract Disputes Act of 1978 False claims, nationwide subpoena service Fish and Wildlife Improvement Act of 1978 Indian Claims Commission determination on Great Sioux Reservation, judicial review Jury System Improvements Act of 1978: Land claims by U.S. in Riverside County, Calif.

NOTE: Part 1 contains pages 1-1336; Part 2 contains pages 1337-2688; Part 3 contains pages 2689-3959.

935 2549 95 11 1909 2383 2479 3110 153 2453 2496

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1414

 m

SUBJECT INDEX Page

Page

Claims—Continued Land claims of Zuni Indian Tribe of N. Mex., jurisdiction of U.S. Court of Claims Medical and life insurance, claims against railroads Military Construction Authorization Act, 1979 Outer Continental Shelf Lands Act Amendments of 1978 Peace Corps Act Amendments of 1978 Powerplant and Industrial Fuel Use Act of 1978 Rhode Island Indian Claims Settlement Act Securities Investor Protection Act Amendments of 1978 State expenditures for certain Social Security services. Federal reimbursement Water rights, Ak-Chin Indian community Wichita Indian Tribe of Okla., claims against U.S Clarke-McNary Act, amendments ClassiHed National Security Information Offlce, establishment Clearinghouse on Sports Medicine Research, establishment Climate, National Climate Program Act Coal: Black lung benefit trust, income tax deductions for contributions Black Lung Benefits Act Black Lung Benefits Reform Act of 1977 Black Lung Benefits Revenue Act of 1977 Black Lung Compensation Insurance Fund, establishment Black Lung Disability Trust Fund, establishment Federal Coal Leasing Amendments Act of 1976 National Energy Conservation Policy Act Powerplant and Industrial Fuel Use Act of 1978 Public Utility Regulatory Policies Act for 1978 Coastal Zone Management Act of 1972, amendments Coinage Act of 1965, amendments Colleges, See Schools and Colleges. Colorado: Endangered American Wilderness Act of 1978

244 2547 565 629 414 3289 813 249 304 409 158 365 763 3551 601 1637 95 95 11 95 11 2073 3206 3289 3117 629 1072

40

Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act 1095 National Parks and Recreation Act of 1978 3467 Columbia Slough, Greg., navigation project, authorization terminated 1639 Commissions.Sce specificommissions. Committees.See specific committees. Commodity Credit Corporation Charter Act, amendments 240 Commodity Exchange Act, amendments 865, 2673 Commodity Futures Trading Commission Act of 1974, amendments 865 Commonwealth of the Northern Mariana Islands. See Northern Mariana Islands. Communications Act Amendments of 1978 33 Communications Act of 1934, amendments 2405 Communications Satellite Act of 1962, amendments 2392 Community Mental Health Centers Act, amendments 3412 Community Mental Health Centers Extension Act of 1978 3412 Community Schools and Comprehensive Community Education Act of 1978 2143 Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, amendments 3412 Comprehensive Drug Abuse Prevention and Control Act, amendments 3768 Comprehensive Drug Abuse Prevention and Control Act of 1970, amendments 3768 Comprehensive Employment and Training Act 1909 Comprehensive Employment and Training Act Amendments of 1978 1909 Comprehensive Employment and Training Act of 1973, amendments 1909 Comprehensive Older Americans Act Amendments of 1978 1513 Comptroller General Annuity Adjustment Act of 1978 1799 Concurrent Resolutions: Conference on Cooperation and Security in Europe, sense of Congress 3870 Congress— Adjournment...3865, 3869, 3874, 3875, 3877

NOTE: Part 1 contains pages 1-1336; Part 2 contains pages 1337-2688; Part 3 contains pages 2689-3959.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1415

 SUBJECT INDEX

Page

Page

Adjournment, sine die 3877,3903 Joint session to receive Presidential communications. 3865 Congressional budget— Fiscal year 1978 3870 Fiscal year 1979 3878 District of Columbia Council action, congressional approval 3868 Drug traffic, Hermosillo Declaration, congressional endorsement 3876 Enrolled bills, corrections— Cigarettes, racketeering in sales and distribution, elimination 3903 Civil Service Reform Act of 1978 3882 Comprehensive Employment and Training Act of 1973 (S. 2570) 3898 Comprehensive Older Americans Act Amendments of 1978 (H.R. 12255) 3885 Customs Procedural Reform and Simplification Act of 1978 (H.R. 8149) 3881 District of Columbia Retirement Reform Act (H.R. 6536) 3900 Ethics in Government Act of 1978 (S.555) 3887 Fishery Conservation and Management Act of 1976, appropriation authorization 3877 Great Dismal Swamp National Wildlife Refuge, appropriation authorization 3874 Internal Revenue Code of 1954 (H.R. 8533) 3902 Internal Revenue Code of 1954 (H.R. 13511) 3903 National Climate Program Act (H.R. 6669) 3877 National Wildlife Refuge System acreage, payments to local governments (H.R. 8394) 3882 Nuclear Non-Proliferation Act of 1978 (H.R. 8638) 3865 Public Rangelands Improvement Act of 1978 (H.R. 10587) 3886 San Francisco Bay National Wildlife Refuge, appropriation authorization 3874 Seal Beach National Wildlife Refuge, appropriation authorization 3874 Small Business Act and Small Business Investment Act of 1958 (H.R. 11318) 3886 Small Business Act and Small Business Investment Act of 1958 (H.R. 11445) 3887 Helsinki Final Act, trials of supporters, sense of Congress 3875 Hungarian People's Republic, nondiscriminatory treatment of products, extension 3875

A7

Joint session to receive Presidential communications Kosciuszko Military Engineering Sites, recognition by Federal, State, and local governments Middle East peace efforts, sense of Congress National Railroad Passenger Corporation, sense of Congress Publications, printing of additional copies— "A Legislative History of the Water Pollution Control Act Amendments of 1972" Eulogies to Hubert H. Humphrey "Intelligence Activities and the Rights of Americans" "Korean Influence Inquiry" "Korean Influence Inquiry," final report "New Perspectives in Health Care for Older Americans" Prayers of Rev. Edward Elson, Senate Chaplain Prayers of Rev. Edward Latch, House Chaplain "Preliminary Guide to Export Opportunities to Japan" "The United States Capitol" Soviet Helsinki groups, sense of Congress Speaker of the House, President of the Senate, and President pro tempore, authorization to sign enrolled bills and joint resolutions Congregate Housing Services Act of 1978 Congress. See also Concurrent Resolutions: District of Columbia, proposed constitutional amendment on representation Employees, salary witholdings for charitable contributions Interstate Compacts, Consent of Congress— Historic Chattahoochee Compact, Ala.-Ga Legislative officers annual and sick leave status Ninety-sixth, first session, convening Congressional Budget Act of 1974, amendments Conservation: Agricultural Credit Act of 1978 Antarctic Conservation Act of 1978 Boundary Waters Canoe Area, establishment

NOTE: Part 1 contains pages 1-1336; Part 2 contains pages 1337-2688; Part 3 contains pages 2689-3959.

3878 3869 3881 3869

3880 3880 3880 3874 3878 3874 3882 3898 3880 3875 3872

3900 2080

3795 1323

1271 1819 2540 1887 420 2048 1649

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1416

 SUBJECT INDEX Page

Conservation—Continued Chatahoochee River National Recreation Area, Ga., establishment 474 Comprehensive Employment and Training Act Amendments of 1978 1909 Cooperative Forestry Assistance Act of 1978 365 Drought relief, extension of emergency construction measures 10 Endangered Species Act Amendments of 1978 3751 Energy Tax Act of 1978 3174 Fish and Wildlife Improvement Act of 1978 3110 Fisheries, North Pacific 399 Fisheries development, expansion of U.S. effort 319 Foreign fish processing vessels, regulation of operations in fishery conservation zone 519 Forest and Rangeland Renewable Resources Research Act of 1978 353 Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act 1095 Lake Champlain, fish that ascend streams to spawn 1278 National Energy Conservation Policy Act 3206 National Parks and Recreation Act of 1978 3467 Powerplant and Industrial Fuel Use Act of 1978 3289 Public Rangelands Improvement Act of 1978 1803 Redwood National Park, expansion 163 Renewable Resources Extension Act of 1978 349 Sikes Act Amendments of 1978 921 Small Business Energy Loan Act 377 Toiyabe National Forest, Nov., boundary extension 3044 Water Research and Development Act of 1978 1305 Consolidated Farm and Rural Development Act, amendments 420 Constitutional Amendments: District of Columbia, representation in Congress, proposed amendment 3795 Equal rights, ratification extension 3799 Consumer Credit Protection Act, amendments 2549, 3641 Consumer Education Act of 1978 2143 Consumer Education Offlce, establishment 2143 Consumer Product Safety Act, amendments 386,3742

Consumer Protection: Emergency Interim Consumer Product Safety Standard Act of 1978 Financial Institutions Regulatory and Interest Rate Control Act of 1978 National Consumer Cooperative Bank Act Public Utility Regulatory Policies Act of 1978 Contract Disputes Act of 1978 Contract Services for Drug Dependent Federal Offenders Act of 1978 Contracts with U.S.: Ak-Chin Indian community, water right claims settlement Arts in Education Act of 1978 Bilingual Education Act Biomedical Research and Research Training Amendments of 1978 Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 Community Mental Health Centers Extension Act of 1978 Comprehensive Employment and Training Act Amendments of 1978 Comprehensive Older Americans Act Amendments of 1978 Concrete Industries (Monier), Ltd., payment as compensation for costs incurred in U.S. Navy Contract NBy 48950 Congregate Housing Services Act of 1978 Consumer Education Act of 1978 Contract Disputes Act of 1978 Correction Education Demonstration Project Act of 1978 Department of Energy Act of 1978Civilian Applications Economic Opportunity Amendments of 1978 Education Amendments of 1978 Emergency School Aid Act Environmental Education Act of 1978 Family planning, suitability of materials Federal-Aid Highway Act of 1978 Federal Grant and Cooperative Agreement Act of 1977 Federal Physicians Comparability Allowance Act of 1978 Federal Public Transportation Act of 1978 Financial Institutions Regulatory and Interest Rate Control Act of 1978

NOTE: Part 1 contains pages 1-1336; Part 2 contains pages 1337-2688; Part 3 contains pages 2689-3959.

386 3641 499 3117 2383 2038 409 2143 2143 3420 205 3412 1909 1513

3850 2080 2143 2383 2143 47 2425 2143 2143 2143 3093 2689 3 3018 2689 3641

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1417

 SUBJECT INDEX Fish and Wildlife Improvement Act of 1978 Foreign Relations Authorization Act, Fiscal Year 1979 Gifted and Talented Children's Education Act of 1978 Grand Canyon National Park, sale of water to customers in Tusayan, Ariz Health Maintenance Organization Amendments of 1978 Health Services and Centers Amendments of 1978 Health Services Research, Health Statistics, and Health Care Technology Act of 1978 Housing and Community Development Amendments of 1978 Immigrants and refugees, research on existing admission laws, procedures, and policies Law-Related Education Act of 1978 Livable Cities Act of 1978 Metric Education Act of 1978 Middle Rio Grande Conservancy District, payment for operation on Indian lands National Climate Program Act National Ocean Pollution Research and Development and Monitoring Planning Act of 1978 Native Latex Commercialization and Economic Development Act of 1979 Natural Gas Policy Act of 1978 Neighborhood Reinvestment Corporation Act Nuclear materials Oil and gas leases, reinstatements Outer Continental Shelf Lands Act Amendments of 1978 Population Education Act Port and Tanker Safety Act of 1978 Powerplant and Industrial Fuel Use Act of 1978 Procurement Public buildings or public works, dollar amount increase Public Telecommunications Financing Act of 1978 Public Utility Regulatory Policies Act of 1978 Quiet Communities Act of 1978 Quillayute Indian Reservation, Wash., long-term lease of land for Coast Guard Station Redwood National Park, land rehabilitation

3110 963 2143 2485 2131 3551 3443 2080 909 2143 2080 2143 28 601 228 2529 3350 2080 2947 2485 629 2143 1471 3289 1757 2484 2405 3117 3079 358 163

Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 Rivers and harbors, improvements projects Small business concerns Solar Photovoltaic Energy Research, Development and Demonstration Act of 1978 Water Research and Development Act of 1978 White House Conference on Aging Act, 1981 Women's Educationl Equity Act of 1978 Control of Paperwork Amendments of 1978 Controlled Substances Act, amendments Controlled Substances Import and Export Act, amendments Cooperative Forest Management Act, repeal Cooperative Forestry Assistance Act of 1978 Coronado National Memorial, Ariz., boundary changes Corporations: Amateur Sports Act of 1978 American Legion, membership eligibility Amtrack Improvement Act of 1978 Bankruptcy Congregate Housing Services Act of 1978 ConRail, medical and life insurance policies Distribution, revenue laws, revision Energy Tax Act of 1978 Equity securities, purchase and guarantee operations Financial Institutions Regulatory and Interest Rate Control Act of 1978 Health Maintenance Organization Amendments of 1978 International Maritime Satellite Telecommunications Act Kake village Natives corporation, Alaska, acquisition and retention of certain lands National Energy Conservation Policy Act National Railroad Passenger Corporation Natural Gas Policy Act of 1978 Perry Publications, Inc., Perry Township Weekly, claims settlement Petroleum Marketing Practices Act

NOTE: Part 1 contains pages 1-1336; Part 2 contains pages 1337-2688; Part 3 contains pages 2689-3959.

A9

2955 218 1757 2513 1305 1513 2143 2143 3768 3768 365 365 3467 3045 485 923 2549 2080 2547 3627 3174 1757 3641 2131 2392 1635 3206 3059 3350 3854 322

�