dreamproit/uscode huggingface dataset:
28 U.S.C. § 3303 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3303. Value for transfer or obligation
(a) Transaction.—
Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.
(b) Reasonably Equivalent Value.—
For the purposes of sections 3304 and 3307, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of such interest upon default under a mortgage, deed of trust, or security agreement.
(c) Present Value.—
A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4961.)
28 U.S.C. § 3304 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3304. Transfer fraudulent as to a debt to the United States
(a) Debt Arising Before Transfer.—
Except as provided in section 3307, a transfer made or obligation incurred by a debtor is fraudulent as to a debt to the United States which arises before the transfer is made or the obligation is incurred if—
(1)
(A) the debtor makes the transfer or incurs the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation; and
(B) the debtor is insolvent at that time or the debtor becomes insolvent as a result of the transfer or obligation; or
(2)
(A) the transfer was made to an insider for an antecedent debt, the debtor was insolvent at the time; and
(B) the insider had reasonable cause to believe that the debtor was insolvent.
(b) Transfers Without Regard to Date of Judgment.—
(1) Except as provided in section 3307, a transfer made or obligation incurred by a debtor is fraudulent as to a debt to the United States, whether such debt arises before or after the transfer is made or the obligation is incurred, if the debtor makes the transfer or incurs the obligation—
(A) with actual intent to hinder, delay, or defraud a creditor; or
(B) without receiving a reasonably equivalent value in exchange for the transfer or obligation if the debtor—
(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(ii) intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due.
(2) In determining actual intent under paragraph (1), consideration may be given, among other factors, to whether—
(A) the transfer or obligation was to an insider;
(B) the debtor retained possession or control of the property transferred after the transfer;
(C) the transfer or obligation was disclosed or concealed;
(D) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(E) the transfer was of substantially all the debtor’s assets;
(F) the debtor absconded;
(G) the debtor removed or concealed assets;
(H) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(I) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(J) the transfer occurred shortly before or shortly after a substantial debt was incurred; and
(K) the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4961.)
28 U.S.C. § 3305 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3305. When transfer is made or obligation is incurred
For the purposes of this subchapter:
(1) A transfer is made—
(A) with respect to an asset that is real property (other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset), when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(B) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire, otherwise than under this subchapter, a judicial lien that is superior to the interest of the transferee.
(2) If applicable law permits the transfer to be perfected as approved in paragraph (1) and the transfer is not so perfected before the commencement of an action or proceeding for relief under this subchapter, the transfer is deemed made immediately before the commencement of the action or proceeding.
(3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee.
(4) A transfer is not made until the debtor has acquired rights in the asset transferred.
(5) An obligation is incurred—
(A) if oral, when it becomes effective between the parties; or
(B) if evidenced by a writing executed by the obligor, when such writing is delivered to or for the benefit of the obligee.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4962.)
28 U.S.C. § 3306 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3306. Remedies of the United States
(a) In General.—
In an action or proceeding under this subchapter for relief against a transfer or obligation, the United States, subject to section 3307 and to applicable principles of equity and in accordance with the Federal Rules of Civil Procedure, may obtain—
(1) avoidance of the transfer or obligation to the extent necessary to satisfy the debt to the United States;
(2) a remedy under this chapter against the asset transferred or other property of the transferee; or
(3) any other relief the circumstances may require.
(b) Limitation.—
A claim for relief with respect to a fraudulent transfer or obligation under this subchapter is extinguished unless action is brought—
(1) under section 3304(b)(1)(A) within 6 years after the transfer was made or the obligation was incurred or, if later, within 2 years after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2) under subsection (a)(1) or (b)(1)(B) of section 3304 within 6 years after the transfer was made or the obligation was incurred; or
(3) under section 3304(a)(2) within 2 years after the transfer was made or the obligation was incurred.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4963.)
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title.
28 U.S.C. § 3307 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3307. Defenses, liability, and protection of trans­feree
(a) Good Faith Transfer.—
A transfer or obligation is not voidable under section 3304(b) with respect to a person who took in good faith and for a reasonably equivalent value or against any transferee or obligee subsequent to such person.
(b) Limitation.—
Except as provided in subsection (d), to the extent a transfer is voidable in an action or proceeding by the United States under section 3306(a)(1), the United States may recover judgment for the value of the asset transferred, but not to exceed the judgment on a debt. The judgment may be entered against—
(1) the first transferee of the asset or the person for whose benefit the transfer was made; or
(2) any subsequent transferee, other than a good faith transferee who took for value or any subsequent transferee of such good-faith transferee.
(c) Value of Asset.—
For purposes of subsection (b), the value of the asset is the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(d) Rights of Good Faith Transferees and Obligees.—
Notwithstanding voidability of a transfer or an obligation under this subchapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to—
(1) a lien on or a right to retain any interest in the asset transferred;
(2) enforcement of any obligation incurred; or
(3) a reduction in the amount of the liability on the judgment.
(e) Exceptions.—
A transfer is not voidable under section 3304(a) or section 3304(b)(2) if the transfer results from—
(1) termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or
(2) enforcement of a security interest in compliance with article 9 of the Uniform Commercial Code or its equivalent in effect in the State where the property is located.
(f) Limitation of Voidability.—
A transfer is not voidable under section 3304(a)(2)—
(1) to the extent the insider gives new value to or for the benefit of the debtor after the transfer is made unless the new value is secured by a valid lien;
(2) if made in the ordinary course of business or financial affairs of the debtor and the insider; or
(3) if made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured both present value given for that purpose and an antecedent debt of the debtor.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4963.)
28 U.S.C. § 3308 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3308. Supplementary provision
Except as provided in this subchapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause shall apply to actions and proceedings under this subchapter.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4964.)
28 U.S.C. § 3701 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3701. Definitions
For purposes of this chapter—
(1) the term “amateur sports organization” means—
(A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more amateur athletes participate, or
(B) a league or association of persons or governmental entities described in subparagraph (A),
(2) the term “governmental entity” means a State, a political subdivision of a State, or an entity or organization, including an entity or organization described in section 4(5) of the Indian Gaming Regulatory Act (25 U.S.C. 2703(5)), that has governmental authority within the territorial boundaries of the United States, including on lands described in section 4(4) of such Act (25 U.S.C. 2703(4)),
(3) the term “professional sports organization” means—
(A) a person or governmental entity that sponsors, organizes, schedules, or conducts a competitive game in which one or more professional athletes participate, or
(B) a league or association of persons or governmental entities described in subparagraph (A),
(4) the term “person” has the meaning given such term in section 1 of title 1, and
(5) the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Palau, or any territory or possession of the United States.
(Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4227.)
heading: Effective Date
text: Pub. L. 102–559, § 3, Oct. 28, 1992, 106 Stat. 4229, provided that: “This Act [enacting this chapter and provisions set out as a note under section 1 of this title] shall take effect on January 1, 1993.”
28 U.S.C. § 3702 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3702. Unlawful sports gambling
It shall be unlawful for—
(1) a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact, or
(2) a person to sponsor, operate, advertise, or promote, pursuant to the law or compact of a governmental entity,
a lottery, sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly (through the use of geographical references or otherwise), on one or more competitive games in which amateur or professional athletes participate, or are intended to participate, or on one or more performances of such athletes in such games.
(Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4228.)
28 U.S.C. § 3703 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3703. Injunctions
A civil action to enjoin a violation of section 3702 may be commenced in an appropriate district court of the United States by the Attorney General of the United States, or by a professional sports organization or amateur sports organization whose competitive game is alleged to be the basis of such violation.
(Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4228.)
28 U.S.C. § 3704 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3704. Applicability
(a) Section 3702 shall not apply to—
(1) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity, to the extent that the scheme was conducted by that State or other governmental entity at any time during the period beginning January 1, 1976, and ending August 31, 1990;
(2) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity where both—
(A) such scheme was authorized by a statute as in effect on October 2, 1991; and
(B) a scheme described in section 3702 (other than one based on parimutuel animal racing or jai-alai games) actually was conducted in that State or other governmental entity at any time during the period beginning September 1, 1989, and ending October 2, 1991, pursuant to the law of that State or other governmental entity;
(3) a betting, gambling, or wagering scheme, other than a lottery described in paragraph (1), conducted exclusively in casinos located in a municipality, but only to the extent that—
(A) such scheme or a similar scheme was authorized, not later than one year after the effective date of this chapter, to be operated in that municipality; and
(B) any commercial casino gaming scheme was in operation in such municipality throughout the 10-year period ending on such effective date pursuant to a comprehensive system of State regulation authorized by that State’s constitution and applicable solely to such municipality; or
(4) parimutuel animal racing or jai-alai games.
(b) Except as provided in subsection (a), section 3702 shall apply on lands described in section 4(4) of the Indian Gaming Regulatory Act (25 U.S.C. 2703(4)).
(Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4228.)
heading: References in Text
text: The effective date of this chapter, referred to in subsec. (a)(3)(A), is Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as an Effective Date note under section 3701 of this title.
28 U.S.C. § 3901 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3901. Civil actions
(a) Parties.—
In an action under section 1346(g) of this title, the defendant shall be the employing office alleged to have committed the violation involved.
(b) Jury Trial.—
In an action described in subsection (a), any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by chapter 5 of title 3. In any case in which a violation of section 411 of title 3 is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 411(b)(1) or 411(b)(3) of title 3.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.)
heading: Effective Date
text: Chapter effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title.
28 U.S.C. § 3902 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3902. Judicial review of regulations
In any proceeding under section 1296 or 1346(g) of this title in which the application of a regulation issued under chapter 5 of title 3 is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of section 706(2) of title 5. If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this chapter is not subject to judicial review.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.)
28 U.S.C. § 3903 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3903. Effect of failure to issue regulations
In any proceeding under section 1296 or 1346(g) of this title, if the President, the designee of the President, or the Federal Labor Relations Authority has not issued a regulation on a matter for which chapter 5 of title 3 requires a regulation to be issued, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provision at issue in the proceeding.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.)
28 U.S.C. § 3904 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3904. Expedited review of certain appeals
(a) In General.—
An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order of a court upon the constitutionality of any provision of chapter 5 of title 3.
(b) Jurisdiction.—
The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal referred to in subsection (a), advance the appeal on the docket, and expedite the appeal to the greatest extent possible.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.)
28 U.S.C. § 3905 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3905. Attorney’s fees and interest
(a) Attorney’s Fees.—
If a covered employee, with respect to any claim under chapter 5 of title 3, or a qualified person with a disability, with respect to any claim under section 421 of title 3, is a prevailing party in any proceeding under section 1296 or section 1346(g), the court may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section 706(k) of the Civil Rights Act of 1964.
(b) Interest.—
In any proceeding under section 1296 or section 1346(g), the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964.
(c) Punitive Damages.—
Except as otherwise provided in chapter 5 of title 3, no punitive damages may be awarded with respect to any claim under chapter 5 of title 3.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.)
heading: References in Text
text: Sections 706 and 717 of the Civil Rights Act of 1964, referred to in subsecs. (a) and (b), are classified to sections 2000e–5 and 2000e–16, respectively, of Title 42, The Public Health and Welfare.
28 U.S.C. § 3906 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3906. Payments
A judgment, award, or compromise settlement against the United States under this chapter (including any interest and costs) shall be paid—
(1) under section 1304 of title 31, if it arises out of an action commenced in a district court of the United States (or any appeal therefrom); or
(2) out of amounts otherwise appropriated or available to the office involved, if it arises out of an appeal from an administrative proceeding under chapter 5 of title 3.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4071.)
28 U.S.C. § 3907 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3907. Other judicial review prohibited
Except as expressly authorized by this chapter and chapter 5 of title 3, the compliance or noncompliance with the provisions of chapter 5 of title 3, and any action taken pursuant to chapter 5 of title 3, shall not be subject to judicial review.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4071.)
28 U.S.C. § 3908 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3908. Definitions
For purposes of applying this chapter, the terms “employing office” and “covered employee” have the meanings given those terms in section 401 of title 3.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4071.)
28 U.S.C. § 4103 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 4103. Removal
In addition to removal allowed under section 1441, any action brought in a State domestic court to enforce a foreign judgment for defamation in which—
(1) any plaintiff is a citizen of a State different from any defendant;
(2) any plaintiff is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or
(3) any plaintiff is a citizen of a State and any defendant is a foreign state or citizen or subject of a foreign state,
may be removed by any defendant to the district court of the United States for the district and division embracing the place where such action is pending without regard to the amount in controversy between the parties.
(Added Pub. L. 111–223, § 3(a), Aug. 10, 2010, 124 Stat. 2383.)
28 U.S.C. § 4104 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 4104. Declaratory judgments
(a) Cause of Action.—
(1) In general.—
Any United States person against whom a foreign judgment is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in district court, under section 2201(a), for a declaration that the foreign judgment is repugnant to the Constitution or laws of the United States. For the purposes of this paragraph, a judgment is repugnant to the Constitution or laws of the United States if it would not be enforceable under section 4102(a), (b), or (c).
(2) Burden of establishing unenforceability of judgment.—
The party bringing an action under paragraph (1) shall bear the burden of establishing that the foreign judgment would not be enforceable under section 4102(a), (b), or (c).
(b) Nationwide Service of Process.—
Where an action under this section is brought in a district court of the United States, process may be served in the judicial district where the case is brought or any other judicial district of the United States where the defendant may be found, resides, has an agent, or transacts business.
(Added Pub. L. 111–223, § 3(a), Aug. 10, 2010, 124 Stat. 2383.)
28 U.S.C. § 4105 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 4105. Attorneys’ fees
In any action brought in a domestic court to enforce a foreign judgment for defamation, including any such action removed from State court to Federal court, the domestic court shall, absent exceptional circumstances, allow the party opposing recognition or enforcement of the judgment a reasonable attorney’s fee if such party prevails in the action on a ground specified in section 4102(a), (b), or (c).
(Added Pub. L. 111–223, § 3(a), Aug. 10, 2010, 124 Stat. 2383.)