dreamproit/uscode huggingface dataset:
18 U.S.C. § 5031 (CRIMES AND CRIMINAL PROCEDURE)
§ 5031. Definitions
For the purposes of this chapter, a “juvenile” is a person who has not attained his eighteenth birthday, or for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained his twenty-first birthday, and “juvenile delinquency” is the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult or a violation by such a person of section 922(x).
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93–415, title V, § 501, Sept. 7, 1974, 88 Stat. 1133; Pub. L. 103–322, title XI, § 110201(c)(1), Sept. 13, 1994, 108 Stat. 2012.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 921 (June 16, 1938, ch. 486, § 1, 52 Stat. 764).
The phrase “who has not attained his eighteenth birthday” was substituted for “seventeen years of age or under” as more clearly reflecting congressional intent and administrative construction. The necessity of a definite fixing of the age of the juvenile was emphasized by Hon. Arthur J. Tuttle, United States district judge, Detroit, Mich., in a letter to the Committee on Revision of the Laws dated June 24, 1944. Words “an offense against the” was changed to “the violation of a” without change of substance.
Minor change was made in translation of section references to “this chapter”.
heading: Codification
text: Another section 501 of title V of Pub. L. 93–415, as added by Pub. L. 107–273, div. C, title II, § 12222(a), Nov. 2, 2002, 116 Stat. 1894, is set out as a note under section 5601 of Title 42, The Public Health and Welfare.
Another section 501 of title V of Pub. L. 93–415, as added by Pub. L. 102–586, § 5(a), Nov. 4, 1992, 106 Stat. 5027, was set out as a note under section 5601 of Title 42, The Public Health and Welfare, prior to the general amendment of that title V by Pub. L. 107–273.
heading: Amendments
text: 1994—Pub. L. 103–322 inserted before period at end “or a violation by such a person of section 922(x)”.
1974—Pub. L. 93–415 amended section generally, inserting “or for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained his twenty-first birthday” after “eighteenth birthday,” and substituting “committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult”, for “committed by a juvenile and not punishable by death or life imprisonment.”
18 U.S.C. § 5033 (CRIMES AND CRIMINAL PROCEDURE)
§ 5033. Custody prior to appearance before magistrate judge
Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juvenile’s parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense.
The juvenile shall be taken before a magistrate judge forthwith. In no event shall the juvenile be detained for longer than a reasonable period of time before being brought before a magistrate judge.
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93–415, title V, § 503, Sept. 7, 1974, 88 Stat. 1135; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 922, 923 (June 16, 1938, ch. 486, §§ 2, 3, 52 Stat. 765).
This section consolidates said section 923, and the final sentence of said section 922, of title 18, U.S.C., 1940 ed., with such changes of phraseology as were necessary to effect the consolidation.
This revised section and section 5032 of this title were rewritten to make clear the legislative intent that a juvenile delinquency proceeding shall result in the adjudication of a status rather than the conviction of a crime.
The other provisions of said section 922 are incorporated in section 5032 of this title.
heading: Codification
text: Another section 503 of title V of Pub. L. 93–415, as added by Pub. L. 107–273, div. C, title II, § 12222(a), Nov. 2, 2002, 116 Stat. 1894, is classified to section 5782 of Title 42, The Public Health and Welfare.
Another section 503 of title V of Pub. L. 93–415, as added by Pub. L. 102–586, § 5(a), Nov. 4, 1992, 106 Stat. 5027, was classified to section 5782 of Title 42, The Public Health and Welfare, prior to the general amendment of that title V by Pub. L. 107–273.
heading: Amendments
text: 1974—Pub. L. 93–415 amended section generally, substituting “Custody prior to appearance before magistrate”, for “Jurisdiction; written consent; jury trial precluded” in section catchline, and substituting provisions relating to advice of rights by arresting officer, notification of Attorney General, parents, guardian or custodian, and appearance before magistrate, for provisions relating to jurisdiction of district courts, jury, consent by juvenile, and apprisal of rights by Judge of District Court.
heading: Change of Name
text: Words “magistrate judge” substituted for “magistrate” in catchline and wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
18 U.S.C. § 5035 (CRIMES AND CRIMINAL PROCEDURE)
§ 5035. Detention prior to disposition
A juvenile alleged to be delinquent may be detained only in a juvenile facility or such other suitable place as the Attorney General may designate. Whenever possible, detention shall be in a foster home or community based facility located in or near his home community. The Attorney General shall not cause any juvenile alleged to be delinquent to be detained or confined in any institution in which the juvenile has regular contact with adult persons convicted of a crime or awaiting trial on criminal charges. Insofar as possible, alleged delinquents shall be kept separate from adjudicated delinquents. Every juvenile in custody shall be provided with adequate food, heat, light, sanitary facilities, bedding, clothing, recreation, education, and medical care, including necessary psychiatric, psychological, or other care and treatment.
(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93–415, title V, § 505, Sept. 7, 1974, 88 Stat. 1135.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 925 (June 16, 1938, ch. 486, § 5, 52, Stat. 765).
Minor changes were made in arrangement and phraseology.
heading: Codification
text: Another section 505 of Pub. L. 93–415, as added by Pub. L. 107–273, div. C, title II, § 12222(a), Nov. 2, 2002, 116 Stat. 1896, is classified to section 5784 of Title 42, The Public Health and Welfare.
Another section 505 of title V of Pub. L. 93–415, as added by Pub. L. 102–586, § 5(a), Nov. 4, 1992, 106 Stat. 5028, was classified to section 5784 of Title 42, The Public Health and Welfare, prior to the general amendment of that title V by Pub. L. 107–273.
heading: Amendments
text: 1974—Pub. L. 93–415 amended section generally, substituting “Detention prior to disposition”, for “Arrest, detention and bail” in section catchline, striking out provisions relating to discretionary power of arresting officer or marshal to confine juvenile in jail, provisions relating to bail and default of bail, and inserting provisions relating to mandatory separation of juvenile from adjudicated delinquents, and provisions relating to the physical conditions of confining facility.
18 U.S.C. § 5036 (CRIMES AND CRIMINAL PROCEDURE)
§ 5036. Speedy trial
If an alleged delinquent who is in detention pending trial is not brought to trial within thirty days from the date upon which such detention was begun, the information shall be dismissed on motion of the alleged delinquent or at the direction of the court, unless the Attorney General shows that additional delay was caused by the juvenile or his counsel, or consented to by the juvenile and his counsel, or would be in the interest of justice in the particular case. Delays attributable solely to court calendar congestion may not be considered in the interest of justice. Except in extraordinary circumstances, an information dismissed under this section may not be reinstituted.
(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93–415, title V, § 506, Sept. 7, 1974, 88 Stat. 1136.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 926 (June 16, 1938, ch. 486, § 6, 52 Stat. 766).
The words “foster homes” were inserted to remove any doubt as to the authority to commit to such foster homes in accordance with past and present administrative practice.
heading: Codification
text: Another section 506 of title V of Pub. L. 93–415, as added by Pub. L. 102–586, § 5(a), Nov. 4, 1992, 106 Stat. 5029, was classified to section 5785 of Title 42, The Public Health and Welfare, prior to the general amendment of that title V by Pub. L. 107–273.
heading: Amendments
text: 1974—Pub. L. 93–415 amended section generally, substituting “Speedy trial” for “Contracts for support; payment” in section catchline, and substituting provisions relating to dismissal of information due to delay, for provisions relating to contracts with public or private agencies for custody and care of juvenile delinquents.
18 U.S.C. § 5039 (CRIMES AND CRIMINAL PROCEDURE)
§ 5039. Commitment
No juvenile committed, whether pursuant to an adjudication of delinquency or conviction for an offense, to the custody of the Attorney General may be placed or retained in an adult jail or correctional institution in which he has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges.
Every juvenile who has been committed shall be provided with adequate food, heat, light, sanitary facilities, bedding, clothing, recreation, counseling, education, training, and medical care including necessary psychiatric, psychological, or other care and treatment.
Whenever possible, the Attorney General shall commit a juvenile to a foster home or community-based facility located in or near his home community.
(Added Pub. L. 93–415, title V, § 509, Sept. 7, 1974, 88 Stat. 1138; amended Pub. L. 103–322, title XIV, § 140003, Sept. 13, 1994, 108 Stat. 2032.)
heading: Amendments
text: 1994—Pub. L. 103–322 inserted “, whether pursuant to an adjudication of delinquency or conviction for an offense,” after “committed” in first par.
18 U.S.C. § 5040 (CRIMES AND CRIMINAL PROCEDURE)
§ 5040. Support
The Attorney General may contract with any public or private agency or individual and such community-based facilities as halfway houses and foster homes for the observation and study and the custody and care of juveniles in his custody. For these purposes, the Attorney General may promulgate such regulations as are necessary and may use the appropriation for “support of United States prisoners” or such other appropriations as he may designate.
(Added Pub. L. 93–415, title V, § 510, Sept. 7, 1974, 88 Stat. 1138.)
18 U.S.C. § 5041 (CRIMES AND CRIMINAL PROCEDURE)
[§ 5041. Repealed. Pub. L. 98–473, title II, § 214(b), Oct. 12, 1984, 98 Stat. 2014]
text: Section, added Pub. L. 93–415, title V, § 511, Sept. 7, 1974, 88 Stat. 1138; amended Pub. L. 94–233, § 11, Mar. 15, 1976, 90 Stat. 233, related to parole for juvenile delinquents.
heading: Effective Date of Repeal
text: Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, with section to remain in effect for five years as to an individual who committed an offense or an act of juvenile delinquency before Nov. 1, 1987, and as to a term of imprisonment during the period described in section 235(a)(1)(B) of Pub. L. 98–473, see section 235(a)(1), (b)(1)(D) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 5042 (CRIMES AND CRIMINAL PROCEDURE)
§ 5042. Revocation of probation
Any juvenile probationer shall be accorded notice and a hearing with counsel before his probation can be revoked.
(Added Pub. L. 93–415, title V, § 512, Sept. 7, 1974, 88 Stat. 1138; amended Pub. L. 98–473, title II, § 214(c), Oct. 12, 1984, 98 Stat. 2014.)
heading: Amendments
text: 1984—Pub. L. 98–473 struck out “parole or” before “probation” in section catchline and text, and struck out “parolee or” before “probationer” in text.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, with section as in effect prior to such amendment to remain in effect for five years as and individual who committed an offense or an act of juvenile delinquency before Nov. 1, 1987, and as to a term of imprisonment during the period described in section 235(a)(1)(B) of Pub. L. 98–473, see section 235(a)(1), (b)(1)(D) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 6002 (CRIMES AND CRIMINAL PROCEDURE)
§ 6002. Immunity generally
Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to—
(1) a court or grand jury of the United States,
(2) an agency of the United States, or
(3) either House of Congress, a joint committee of the two Houses, or a committee or a subcommittee of either House,
and the person presiding over the proceeding communicates to the witness an order issued under this title, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.
(Added Pub. L. 91–452, title II, § 201(a), Oct. 15, 1970, 84 Stat. 927; amended Pub. L. 103–322, title XXXIII, § 330013(4), Sept. 13, 1994, 108 Stat. 2146.)
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “under this title” for “under this part” in concluding provisions.
18 U.S.C. § 6003 (CRIMES AND CRIMINAL PROCEDURE)
§ 6003. Court and grand jury proceedings
(a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court of the United States or a grand jury of the United States, the United States district court for the judicial district in which the proceeding is or may be held shall issue, in accordance with subsection (b) of this section, upon the request of the United States attorney for such district, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in section 6002 of this title.
(b) A United States attorney may, with the approval of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any designated Assistant Attorney General or Deputy Assistant Attorney General, request an order under subsection (a) of this section when in his judgment—
(1) the testimony or other information from such individual may be necessary to the public interest; and
(2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.
(Added Pub. L. 91–452, title II, § 201(a), Oct. 15, 1970, 84 Stat. 927; amended Pub. L. 100–690, title VII, § 7020(e), Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title XXXIII, § 330013(4), Sept. 13, 1994, 108 Stat. 2146.)
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–322 substituted “title” for “part” before period at end.
1988—Subsec. (b). Pub. L. 100–690 inserted “, the Associate Attorney General” after “Deputy Attorney General”, and “or Deputy Assistant Attorney General” after “Assistant Attorney General”.
18 U.S.C. § 6004 (CRIMES AND CRIMINAL PROCEDURE)
§ 6004. Certain administrative proceedings
(a) In the case of any individual who has been or who may be called to testify or provide other information at any proceeding before an agency of the United States, the agency may, with the approval of the Attorney General, issue, in accordance with subsection (b) of this section, an order requiring the individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in section 6002 of this title.
(b) An agency of the United States may issue an order under subsection (a) of this section only if in its judgment—
(1) the testimony or other information from such individual may be necessary to the public interest; and
(2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.
(Added Pub. L. 91–452, title II, § 201(a), Oct. 15, 1970, 84 Stat. 927; amended Pub. L. 103–322, title XXXIII, § 330013(4), Sept. 13, 1994, 108 Stat. 2146.)
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–322 substituted “title” for “part” before period at end.
18 U.S.C. § 6005 (CRIMES AND CRIMINAL PROCEDURE)
§ 6005. Congressional proceedings
(a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to either House of Congress, or any committee, or any subcommittee of either House, or any joint committee of the two Houses, a United States district court shall issue, in accordance with subsection (b) of this section, upon the request of a duly authorized representative of the House of Congress or the committee concerned, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in section 6002 of this title.
(b) Before issuing an order under subsection (a) of this section, a United States district court shall find that—
(1) in the case of a proceeding before or ancillary to either House of Congress, the request for such an order has been approved by an affirmative vote of a majority of the Members present of that House;
(2) in the case of a proceeding before or ancillary to a committee or a subcommittee of either House of Congress or a joint committee of both Houses, the request for such an order has been approved by an affirmative vote of two-thirds of the members of the full committee; and
(3) ten days or more prior to the day on which the request for such an order was made, the Attorney General was served with notice of an intention to request the order.
(c) Upon application of the Attorney General, the United States district court shall defer the issuance of any order under subsection (a) of this section for such period, not longer than twenty days from the date of the request for such order, as the Attorney General may specify.
(Added Pub. L. 91–452, title II, § 201(a), Oct. 15, 1970, 84 Stat. 928; amended Pub. L. 103–322, title XXXIII, § 330013(4), Sept. 13, 1994, 108 Stat. 2146; Pub. L. 104–292, § 5, Oct. 11, 1996, 110 Stat. 3460; Pub. L. 104–294, title VI, § 605(o), Oct. 11, 1996, 110 Stat. 3510.)
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–292, § 5(1), inserted “or ancillary to” after “any proceeding before”.
Subsec. (b)(1), (2). Pub. L. 104–292, § 5(2)(A), inserted “or ancillary to” after “a proceeding before”.
Subsec. (b)(3). Pub. L. 104–292, § 5(2)(B), and Pub. L. 104–294, amended par. (3) identically, inserting period at end.
1994—Subsec. (a). Pub. L. 103–322 substituted “title” for “part” before period at end.
19 U.S.C. § 5, 5a (CUSTOMS DUTIES)
§§ 5, 5a. Repealed. Pub. L. 91–271, title III, § 321(a), (b), June 2, 1970, 84 Stat. 293
text: Section 5, R.S. § 2613, act Sept. 21, 1922, ch. 356, title IV, § 523, 42 Stat. 974, provided that collectors, comptrollers, and surveyors be appointed for four year terms.
text: Section 5a, act July 5, 1932, ch. 430, title I, 47 Stat. 584, abolished, except at the Port of New York, the offices of surveyor and appraiser, and those of their assistants and deputies, and transferred the duties of such officers to such persons as designated by the Secretary of the Treasury.
heading: Effective Date of Repeal
text: Repeal effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91–271, set out as an Effective Date of 1970 Amendment note under section 1500 of this title.
19 U.S.C. § 6a to 6d (CUSTOMS DUTIES)
§§ 6a to 6d. Repealed. Sept. 3, 1954, ch. 1263, § 13(b), 68 Stat. 1231
text: Sections, act May 29, 1928, ch. 865, §§ 1–4, 45 Stat. 955, related to compensation. See sections 5101 et seq. and 5301 et seq. of Title 5, Government Organization and Employees.
text: Act Dec. 12, 1930, ch. 10, 46 Stat. 1026, formerly set out as a credit to these sections, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 648.
19 U.S.C. § 6e (CUSTOMS DUTIES)
§ 6e. Overtime compensation based on standard or daylight saving time
On and after June 30, 1949, overtime compensation of customs officers and employees, as authorized by law, shall be based either on standard or daylight saving time, whichever is observed where overtime services are performed.
(June 30, 1949, ch. 286, title I, 63 Stat. 360.)
19 U.S.C. § 7 to 11 (CUSTOMS DUTIES)
§§ 7 to 11. Repealed. Pub. L. 91–271, title III, § 321(c)–(g), June 2, 1970, 84 Stat. 293
text: Section 7, act Mar. 4, 1923, ch. 251, § 3, 42 Stat. 1453, authorized collectors, comptrollers, surveyors, and appraisers to appoint assistants, and collector at New York to appoint a solicitor to collector, all such appointments subject to approval of Secretary of the Treasury.
text: Section 8, R.S. § 2629; acts Mar. 3, 1905, ch. 1413, § 1, 33 Stat. 983; Mar. 4, 1923, ch. 251, § 4, 42 Stat. 1453, set forth procedure for filling a vacancy in office of a collector, comptroller, surveyor, or appraiser.
text: Section 9, R.S. § 2625, act Mar. 4, 1923, ch. 251, § 3, 42 Stat. 1453, provided for performance of collector’s duties in case of his disability.
text: Section 10, R.S. § 2630; acts Mar. 4, 1923, ch. 251, §§ 2, 3, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748, provided that in cases of occasional and necessary absence, or of sickness, any collector could exercise his powers and perform his duties by deputy.
text: Section 11, R.S. § 2632; act June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740, provided that in cases of occasional and necessary absence, or of sickness, every comptroller and surveyor could, respectively, exercise and perform his functions, powers, and duties by deputy.
heading: Effective Date of Repeal
text: Repeal effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91–271, set out as an Effective Date of 1970 Amendment note under section 1500 of this title.