dreamproit/uscode huggingface dataset:
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.)
heading: Effective Date
text: Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.
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.)
heading: Effective Date
text: Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.
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.)
heading: Effective Date
text: Section effective on Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title.
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.)
heading: Effective Date
text: Section effective on Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title.
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.
heading: Effective Date
text: Section effective on Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a 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: Section 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.)
heading: Effective Date
text: Section 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. § 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.)
heading: Effective Date
text: Section 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. § 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.)
heading: Effective Date
text: Section 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. § 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.
heading: Effective Date
text: Section 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. § 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.)
heading: Effective Date
text: Section 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. § 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.)
heading: Effective Date
text: Section 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. § 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.)
heading: Effective Date
text: Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title.
38 U.S.C. § 1751 (VETERANS’ BENEFITS)
§ 1751. Screening, counseling, and medical treatment
The Secretary is authorized to carry out a comprehensive program of providing sickle cell anemia screening, counseling, treatment, and information under the provisions of this chapter.
(Added Pub. L. 93–82, title I, § 109(a), Aug. 2, 1973, 87 Stat. 186, § 651; renumbered § 1751 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 651 of this title as this section and substituted “Secretary” for “Administrator”.
heading: Effective Date
text: Section effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
38 U.S.C. § 1752 (VETERANS’ BENEFITS)
§ 1752. Research
The Secretary is authorized to carry out research and research training in the diagnosis, treatment, and control of sickle cell anemia based upon the screening examinations and treatment provided under this subchapter.
(Added Pub. L. 93–82, title I, § 109(a), Aug. 2, 1973, 87 Stat. 186, § 652; renumbered § 1752 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 652 of this title as this section and substituted “Secretary” for “Administrator”.
heading: Effective Date
text: Section effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
38 U.S.C. § 1753 (VETERANS’ BENEFITS)
§ 1753. Voluntary participation; confidentiality
(a) The participation by any person in any program or portion thereof under this subchapter shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program under this title.
(b) Patient records prepared or obtained under this subchapter shall be held confidential in the same manner and under the same conditions prescribed in section 7332 of this title.
(Added Pub. L. 93–82, title I, § 109(a), Aug. 2, 1973, 87 Stat. 187, § 653; amended Pub. L. 94–581, title I, § 111(b), Oct. 21, 1976, 90 Stat. 2852; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1753, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 653 of this title as this section.
Subsec. (b). Pub. L. 102–40 substituted “7332” for “4132”.
1976—Subsec. (b). Pub. L. 94–581 substituted “Patient records prepared or obtained under this subchapter shall be held confidential in the same manner and under the same conditions prescribed in section 4132 of this title” for “The Administrator shall promulgate rules and regulations to insure that all information and patient records prepared or obtained under this subchapter shall be held confidential except for (1) such information as the patient (or his guardian) requests in writing to be released or (2) statistical data compiled without reference to patient names or other identifying characteristics”.
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
heading: Effective Date
text: Section effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
38 U.S.C. § 1754 (VETERANS’ BENEFITS)
§ 1754. Reports
The Secretary shall include in the annual report to the Congress required by section 529 of this title a comprehensive report on the administration of this subchapter, including such recommendations for additional legislation as the Secretary deems necessary.
(Added Pub. L. 93–82, title I, § 109(a), Aug. 2, 1973, 87 Stat. 187, § 654; renumbered § 1754 and amended Pub. L. 102–83, §§ 2(c)(3), 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 402, 404–406.)
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 654 of this title as this section.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.
Pub. L. 102–83, § 2(c)(3), substituted “section 529” for “section 214”.
heading: Effective Date
text: Section effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
38 U.S.C. § 2051 (VETERANS’ BENEFITS)
§ 2051. General authority
(a) The Secretary may guarantee the full or partial repayment of a loan that meets the requirements of this subchapter.
(b)
(1) Not more than 15 loans may be guaranteed under subsection (a), of which not more than five such loans may be guaranteed during the 3-year period beginning on the date of the enactment of this subchapter.
(2) A guarantee of a loan under subsection (a) shall be in an amount that is not less than the amount necessary to sell the loan in a commercial market.
(3) Not more than an aggregate amount of $100,000,000 in loans may be guaranteed under subsection (a).
(c) A loan may not be guaranteed under this subchapter unless, before closing such loan, the Secretary has approved the loan.
(d)
(1) The Secretary shall enter into contracts with a qualified nonprofit organization, or other qualified organization, that has experience in underwriting transitional housing projects to obtain advice in carrying out this subchapter, including advice on the terms and conditions necessary for a loan that meets the requirements of section 2052 of this title.
(2) For purposes of paragraph (1), a nonprofit organization is an organization that is described in paragraph (3) or (4) of subsection (c) of section 501 of the Internal Revenue Code of 1986 and is exempt from tax under subsection (a) of such section.
(e) The Secretary may carry out this subchapter in advance of the issuance of regulations for such purpose.
(f) The Secretary may guarantee loans under this subchapter notwithstanding any requirement for prior appropriations for such purpose under any provision of law.
(g) Notwithstanding any other provision of law, a multifamily transitional housing project that is funded by a loan guaranteed under this subchapter may accept uncompensated voluntary services performed by any eligible entity (as that term is defined in section 2011(d) of this title) in connection with the construction, alteration, or repair of such project.
(Added Pub. L. 105–368, title VI, § 601(a), Nov. 11, 1998, 112 Stat. 3342, § 3772; renumbered § 2051 and amended Pub. L. 107–95, § 5(d)(1), (2)(B), Dec. 21, 2001, 115 Stat. 918; Pub. L. 108–454, title IV, § 402(a), Dec. 10, 2004, 118 Stat. 3615.)
heading: References in Text
text: The date of the enactment of this subchapter, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 105–368, which was approved Nov. 11, 1998.
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (d)(2), is classified to section 501 of Title 26, Internal Revenue Code.
heading: Amendments
text: 2004—Subsec. (g). Pub. L. 108–454 added subsec. (g).
2001—Pub. L. 107–95, § 5(d)(1), renumbered section 3772 of this title as this section.
Subsec. (d)(1). Pub. L. 107–95, § 5(d)(2)(B), substituted “section 2052 of this title” for “section 3773 of this title”.
heading: Effective Date
text: Section effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as an Effective Date of 1998 Amendment note under section 2106 of this title.
38 U.S.C. § 2053 (VETERANS’ BENEFITS)
§ 2053. Default
(a) The Secretary shall take such steps as may be necessary to obtain repayment on any loan that is in default and that is guaranteed under this subchapter.
(b) Upon default of a loan guaranteed under this subchapter and terminated pursuant to State law, a lender may file a claim under the guarantee for an amount not to exceed the lesser of—
(1) the maximum guarantee; or
(2) the difference between—
(A) the total outstanding obligation on the loan, including principal, interest, and expenses authorized by the loan documents, through the date of the public sale (as authorized under such documents and State law); and
(B) the amount realized at such sale.
(Added Pub. L. 105–368, title VI, § 601(a), Nov. 11, 1998, 112 Stat. 3344, § 3774; renumbered § 2053, Pub. L. 107–95, § 5(d)(1), Dec. 21, 2001, 115 Stat. 918.)
heading: Amendments
text: 2001—Pub. L. 107–95 renumbered section 3774 of this title as this section.
heading: Effective Date
text: Section effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as an Effective Date of 1998 Amendment note under section 2106 of this title.
38 U.S.C. § 2054 (VETERANS’ BENEFITS)
§ 2054. Audit
(a) During each of the first 3 years of operation of a multifamily transitional housing project with respect to which a loan is guaranteed under this subchapter, there shall be an annual, independent audit of such operation. Such audit shall include a detailed statement of the operations, activities, and accomplishments of such project during the year covered by such audit. The party responsible for obtaining such audit (and paying the costs therefor) shall be determined before the Secretary issues a guarantee under this subchapter.
(b) After the first three years of operation of such a multifamily transitional housing project, the Secretary may provide for periodic audits of the project.
(Added Pub. L. 105–368, title VI, § 601(a), Nov. 11, 1998, 112 Stat. 3345, § 3775; amended Pub. L. 106–117, title VII, § 712, Nov. 30, 1999, 113 Stat. 1584; renumbered § 2054, Pub. L. 107–95, § 5(d)(1), Dec. 21, 2001, 115 Stat. 918.)
heading: Amendments
text: 2001—Pub. L. 107–95 renumbered section 3775 of this title as this section.
1999—Pub. L. 106–117 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Effective Date
text: Section effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as an Effective Date of 1998 Amendment note under section 2106 of this title.