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

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PUBLIC LAW 95-000—MMMM. DD, 1978

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.

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

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