AMENDMENTS

1972 Subsec. (b) (4). Pub. L. 92-269 added provisions requiring the master jury wheel to be emptied and refilled in not greater than four years intervals.

REFILLING OF MASTER JURY WHEEL NOT LATER THAN SEPT. 1, 1973; REFILLING OF QUALIFIED JURY WHEEL NOT LATER THAN OCT. 1, 1973; RETROACTIVE EFFECT

Sections 3 and 4 of Pub. L. 92-269 provided that: "SEC. 3. (a) Each judicial district and each division or combination of divisions within a judicial district, for which a separate plan for random selection of jurors has been adopted pursuant to section 1863 of title 28, United States Code [this section], other than the District of Columbia and the districts of Puerto Rico and the Canal Zone, shall not later than September 1, 1973, refill its master jury wheel with names obtained from the voter registration lists for, or the lists of actual voters in, the 1972 general election.

"(b) The District of Columbia and the judicial districts of Puerto Rico and the Canal Zone shall not later than September 1, 1973, refill their master jury wheels from sources which include the names of persons eighteen years of age or older.

"(c) The qualified jury wheel in each judicial district, and in each division or combination of divisions in a judicial district for which a separate plan for random selection of jurors has been adopted, shall be refilled from the master jury wheel not later than October 1, 1973.

"SEC. 4. (a) Nothing in this Act amending this section and section 1865 of this title shall affect the composition of any master jury wheel or qualified jury wheel prior to the date on which it is first refilled in compliance with the terms of section 3.

"(b) Nothing in this Act shall affect the composition or preclude the service of any jury empaneled on or before the date on which the qualified jury wheel from which the jurors' names were drawn in refilled in compliance with the provisions of section 3."

(h) "juror qualification form" shall mean a form prescribed by the Administrative Office of the United States Courts and approved by the Judicial Conference of the United States, which shall elicit the name, address, age, race, occupation, education, length of residence within the judicial district, distance from residence to place of holding court, prior jury service, and citizenship of a potential juror, and whether he should be excused or exempted from jury service, has any physical or mental infirmity impairing his capacity to serve as juror, is able to read, write, speak, and understand the English language, has pending against

him any charge for the commission of a State or Federal criminal offense punishable by imprisonment for more than one year, or has been convicted in any State or Federal court of record of a crime punishable by imprisonment for more than one year and has not had his civil rights restored by pardon or amnesty. The form shall request, but not require, any other information not inconsistent with the provisions of this title and required by the district court plan in the interests of the sound administration of justice. The form shall also elicit the sworn statement that his responses are true to the best of his knowledge. Notarization shall not be required. The form shall contain words clearly informing the person that the furnishing of any information with respect to his religion, national origin, or economic status is not a prerequisite to his qualification for jury service, that such information need not be furnished if the person finds it objectionable to do so, and that information concerning race is required solely to enforce nondiscrimination in jury selection and has no bearing on an individual's qualification for jury service.

1972 Subsec. (h). Pub. L. 92-437 added race and occupation to the particulars to be elicited on the juror qualification form, in provisions distinguishing between information to be requested and information to be required, omitted "race and occupation of a potential juror", and in information to be contained in the form, omitted "race, color" and "occupation" from the particulars, and required additional material to be contained in the form that information concerning race is required solely to enforce nondiscrimination in jury selection and that it has no bearing on an individual's qualification for jury service.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 2 of Pub. L. 92-437 provided that: "This Act [amending subsec. (h) of this section] shall take effect on the sixtieth day after the date of its enactment [Sept. 29, 1972]."

AMENDMENTS 1972-Pub. L. 92-562, § 3(b), Oct. 25, 1972, 86 Stat. 1177, added item 2409a.

§ 2409a. Real property quiet title actions.

(a) The United States may be named as a party defendant in a civil action under this section to adjudicate a disputed title to real property in which the United States claims an interest, other than a security interest or water rights. This section does not apply to trust or restricted Indian lands, nor does it apply to or affect actions which may be or could have been brought under sections 1346, 1347, 1491, or 2410 of this title, sections 7424, 7425, or 7426 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 7424, 7425, and 7426), or section 208 of the Act of July 10, 1952 (43 U.S.C. 666).

(b) The United States shall not be disturbed in possession or control of any real property involved in any action under this section pending a final judgment or decree, the conclusion of any appeal therefrom, and sixty days; and if the final determination shall be adverse to the United States, the United States nevertheless may retain such possession or control of the real property or of any part thereof as it may elect, upon payment to the person determined to be entitled thereto of an amount which upon such election the district court in the same action shall determine to be just compensation for such possession or control.

(c) The complaint shall set forth with particularity the nature of the right, title, or interest which the plaintiff claims in the real property, the circumstances under which it was acquired, and the right, title, or interest claimed by the United States.

(d) If the United States disclaims all interest in the real property or interest therein adverse to the plaintiff at any time prior to the actual commencement of the trial, which disclaimer is confirmed by order of the court, the jurisdiction of the district court shall cease unless it has jurisdiction of the civil action or suit on ground other than and independent of the authority conferred by section 1346 (f) of this title.

(e) A civil action against the United States under this section shall be tried by the court without a jury.

(f) Any civil action under this section shall be barred unless it is commenced within twelve years of the date upon which it accrued. Such action shall be deemed to have accrued on the date the plaintiff or his predecessor in interest knew or should have known of the claim of the United States.

(g) Nothing in this section shall be construed to permit suits against the United States based upon adverse possession. (Added Pub. L. 92-562, § 3(a), Oct. 25, 1972, 86 Stat. 1176.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1346, 1402 of this title.

§ 2410. Actions affecting property on which United States has lien.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2409a of this title.

§ 2414. Payment of judgments and compromise settlements.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16, section 460bb-2. § 2415. Time for commencing actions brought by the United States.

(a) Subject to the provisions of section 2416 of this title, and except as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon any contract express or implied in law or fact, shall be barred unless the complaint is filed within six years after the right of action accrues or within one year after final decisions have been rendered in applicable administrative proceedings required by contract or by law, whichever is later: Provided, That in the event of later partial payment or written acknowledgment of debt, the right of action shall be deemed to accrue again at the time of each such payment or acknowledgment: Provided further, That an action for money damages brought by the United States for or on behalf of a recognized tribe, band or group of American Indians shall not be barred unless the complaint is filed more than six years and ninety days after the right of action accrued: Provided further, That an action for money damages which accrued on the date of enactment of this Act in accordance with subsection (g) brought by the United States for or on behalf of a recognized tribe, band, or group of American Indians, or on behalf of an individual Indian whose land is held in trust or restricted status, shall not be barred unless the complaint is filed more than eleven years after the right of action accrued or more than two years after a final decision has been rendered in applicable administrative proceedings required by contract or by law, whichever is later.

(b) Subject to the provisions of section 2416 of this title, and except as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon a tort shall be barred unless the complaint is filed within three years after the right of action first accrues: Provided, That an action to recover damages resulting from a trespass on lands of the United States; an action to recover damages resulting from fire to such lands; an action to recover for diversion of money paid under a grant program; and an action for conversion of property of the United States may be brought within six years after the right of action accrues, except that such actions for or on behalf of a recognized tribe, band or group of American Indians, including actions relating to allotted trust or restricted Indian lands, may be brought within six years and ninety days after the right of action accrues, except that such actions for or on behalf of a recognized tribe, band, or group of American Indians, including actions relating to allotted trust or restricted Indian lands, or on behalf of an individual Indian whose land is held

1972 Subsec. (a). Pub. L. 92-485, § 1(a), added further proviso relating to actions for money damages brought by the United States for or on behalf of a recognized tribe, band, or group of American Indians, or on behalf of an individual Indian whose land is held in trust or restricted status.

Pub. L. 92-353, § 1(a), added proviso that an action for money damages brought by the United States on behalf of American Indians shall not be barred unless the complaint is filed more than six years and ninety days after the right of action accrued.

Subsec. (b). Pub. L. 92-485, § 1(b), added exception relating to actions for or on behalf of a recognized tribe, band, or group of American Indians, including actions relating to allotted trust or restricted Indian lands, or on behalf of an individual Indian whose land is held in trust or restricted status.

Pub. L. 92-353, § 1(b), increased the period of limitation to six years and ninety days for actions brought by the United States under the subsection for or on behalf of American Indians.

Chapter 163.-FINES, PENALTIES AND

FORFEITURES

§ 2464. Security; special bond.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 sections 1031, 1100a-1.

Chapter 165.-COURT OF CLAIMS PROCEDURE § 2517. Payment of judgments.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 460bb-2.

Chapter 171.-TORT CLAIMS PROCEDURE § 2679. Exclusiveness of remedy.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 943; title 20 section 1132c-2.

Chapter 175.-CIVIL COMMITMENT AND REHABILITATION OF NARCOTIC ADDICTS

§ 2901. Definitions.

As used in this chapter

(d) "Treatment" includes confinement and treatment in an institution and under supervised aftercare in the community and includes, but not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict by eliminating his dependence on addicting drugs, or by controlling his dependence, and his susceptibility to addiction.

*

(As amended Pub. L. 92-420, § 2, Sept. 16, 1972, 86 Stat. 677.)

AMENDMENTS

1972 Subsec. (d). Pub. L. 92-420 substituted "by eliminating his dependence on addicting drugs, or by controlling his dependence," for "by correcting his antisocial tendencies and ending his dependence on addicting drugs".

EFFECTIVE DATE OF 1972 AMENDMENT

Section 5 of Pub. L. 92-420 provided that: "This Act [amending subsec. (d) of this section, section 4251(c) of Title 18, and section 3411 (b) of Title 42, and enacting provisions set out as a note under this section] shall take effect immediately upon enactment [Sept. 16, 1972]. Sections 2 and 3 [amending section 4251 (c) of Title 18 and section 3411(b) of Title 42, respectively] shall apply to any case pending in a district court of the United States in which an appearance has not been made prior to the effective date [Sept. 16, 1972]."

SHORT TITLE

Section 1 of Pub. L. 92-420 provided: "That this Act [amending this section, section 4251 of Title 18, and section 3411 of Title 42, and enacting provisions set out as a note under this section] may be cited as the 'Narcotic Addict Rehabilitation Amendments of 1971'."

82-999 0-73-vol. 1-50

Rule 16. Motion to dismiss or affirm.

1. Within thirty days after receipt of the jurisdictional statement, unless the time is enlarged by the court or a justice thereof, or by the clerk under the provisions of paragraph 5 of Rule 34, the appellee may file a printed motion to dismiss, or motion to affirm. In cases where the United States or any agency, officer or employee thereof is the appellee, the appellee shall have an additional twenty days to file said motions. Where appropriate, a motion to affirm may be united in the alternative with a motion to dismiss.

(As amended Nov. 22, 1971.)

1. Counsel for the respondent shall have thirty days (unless enlarged by the court or a justice thereof, or by the clerk under the provisions of paragraph 5 of Rule 34), after receipt of a petition, within which to file forty printed copies of an opposing brief disclosing any matter or ground why the cause should not be reviewed by this court. See Rule 19. Such brief in opposition shall comply with Rule 39 and with the requirements of Rule 40 governing a respondent's brief, and shall be served as prescribed by Rule 33. In cases where the United States or any agency, officer or employee thereof is the respondent, the respondent shall have an additional twenty days to file the said opposing brief.

*

(As amended Nov. 22, 1971.)

RULE 9. RELEASE IN CRIMINAL CASES

(c) Criteria for Release.

The decision as to release pending appeal shall be made in accordance with Title 18, U.S.C. § 3148. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant. (As amended Apr. 24, 1972, eff. Oct. 1, 1972.)

NOTES OF ADVISORY COMMITTEE ON RULES Subdivision (c) is intended to bring the rule into conformity with 18 U.S.C. § 3148 and to allocate to the defendant the burden of establishing that he will not flee and that he poses no danger to any other person or to the community. The burden is placed upon the defendant in the view that the fact of his conviction justifies retention in custody in situations where doubt exists as to whether he can be safely released pending disposition of his appeal. Release pending appeal may also be denied if "it appears that an appeal is frivolous or taken for delay." 18 U.S.C. § 3148. The burden of establishing the existence of these criteria remains with the government.

RULE 30.-APPENDIX TO THE BRIEFS

TAXATION OF FEES IN APPEALS IN WHICH THE REQUIREMENT OF AN APPENDIX IS DISPENSED WITH

The Judicial Conference of the United States at its session on October 28th and 29th approved the following resolution relating to fees to be taxed in the courts of appeals as submitted by the Judicial Council of the Ninth Circuit with the proviso that its application to any court of appeals shall be at the election of each such court:

For sometime it has been the practice in the Ninth Circuit Court of Appeals to dispense with an appendix in an appellate record and to hear the appeal on the original record, with a number of copies thereof being supplied (Rule 30f, Federal Rules of Appellate Procedure). It has been the practice of the Court to tax a fee of $5 in small records and $10 in large records for the time of the clerk involved in preparing such appeals and by way of reimbursement for postage expense. Judicial Conference approval heretofore has not been secured and the Judicial Council of the Ninth Circuit now seeks to fix a flat fee of $15 to be charged as fees for costs to be charged by any court of appeals "in any appeal in which the requirement of an appendix is dispensed with pursuant to Rule 30f. Federal Rules of Appellate Procedure."

Sincerely yours,

ROWLAND F. KIRKS,

Director.

Page 754

Rule 4. Composition of the Court.

The court shall be composed of a Chief Judge and other judges designated by the Chief Justice of the United States from the judges of the United States district courts and United States courts of appeals in accordance with Section 211 (b) (1) of P.L. 92-210. Rule 5. Divisions.

The Chief Judge may, from time to time, divide the court into divisions of three or more members for the hearing and determination of cases, controversies and issues and may make such changes in the membership of such divisions as he may deem appropriate. Sessions shall be held at: Washington, D.C.; St. Paul, Minnesota; Atlanta, Georgia; Houston, Texas; and San Francisco, California, and at such other places and times as the Chief Judge may designate. The Chief Judge shall assign cases to the divisions on an equitable basis having due regard for the geographical locations of the parties and the workloads of the divisions and individual judges thereof. Cases, controversies and issues shall be heard and determined by a division unless a hearing or rehearing before the court en banc is ordered by the court.

Rule 6. En Banc Proceedings.

(a) A majority of the judges of the court may order that an appeal or other proceeding be heard or reheard by this court en banc. Such a hearing or rehearing is not favored and ordinarily will not be ordered except (1) when consideration by the full court is necessary to secure or maintain uniformity of its decisions, or (2) when the proceeding involves a question of exceptional importance.

(b) A party, pursuant to Rule 34 (b), Federal Rules of Appellate Procedure, who suggests the appropriateness of a hearing or rehearing, en banc, where the suggestion is not contained in a petition for rehearing, shall file an original and 10 copies of said suggestion on or before the date on which appellee's brief is due to be filed if the suggestion is for hearing en banc, or within the time prescribed by Rule 40, Federal Rules of Appellate Procedure, for the filing of a petition for rehearing if the suggestion is for rehearing en banc. The suggestion shall not exceed 10 pages in length and shall be served in compliance with Rule 25, Federal Rules of Appellate Procedure.

(c) If a party desires to suggest a rehearing en banc, the suggestion must be made within the time prescribed by Rule 40, Federal Rules of Appellate Procedure, for filing a petition for rehearing, whether the suggestion is made in such petition or otherwise. The pendency of such a suggestion, whether or not included in a petition for rehearing, shall not affect