dreamproit/uscode huggingface dataset:
11 U.S.C. § 1522 (BANKRUPTCY)
§ 1522. Protection of creditors and other interested persons
(a) The court may grant relief under section 1519 or 1521, or may modify or terminate relief under subsection (c), only if the interests of the creditors and other interested entities, including the debtor, are sufficiently protected.
(b) The court may subject relief granted under section 1519 or 1521, or the operation of the debtor’s business under section 1520(a)(3), to conditions it considers appropriate, including the giving of security or the filing of a bond.
(c) The court may, at the request of the foreign representative or an entity affected by relief granted under section 1519 or 1521, or at its own motion, modify or terminate such relief.
(d) Section 1104(d) shall apply to the appointment of an examiner under this chapter. Any examiner shall comply with the qualification requirements imposed on a trustee by section 322.
(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 142.)
heading: Effective Date
text: Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
11 U.S.C. § 1523 (BANKRUPTCY)
§ 1523. Actions to avoid acts detrimental to creditors
(a) Upon recognition of a foreign proceeding, the foreign representative has standing in a case concerning the debtor pending under another chapter of this title to initiate actions under sections 522, 544, 545, 547, 548, 550, 553, and 724(a).
(b) When a foreign proceeding is a foreign nonmain proceeding, the court must be satisfied that an action under subsection (a) relates to assets that, under United States law, should be administered in the foreign nonmain proceeding.
(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 142.)
heading: Effective Date
text: Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
11 U.S.C. § 1524 (BANKRUPTCY)
§ 1524. Intervention by a foreign representative
Upon recognition of a foreign proceeding, the foreign representative may intervene in any proceedings in a State or Federal court in the United States in which the debtor is a party.
(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 142.)
heading: Effective Date
text: Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
11 U.S.C. § 1525 (BANKRUPTCY)
§ 1525. Cooperation and direct communication between the court and foreign courts or foreign representatives
(a) Consistent with section 1501, the court shall cooperate to the maximum extent possible with a foreign court or a foreign representative, either directly or through the trustee.
(b) The court is entitled to communicate directly with, or to request information or assistance directly from, a foreign court or a foreign representative, subject to the rights of a party in interest to notice and participation.
(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 143.)
heading: Effective Date
text: Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
11 U.S.C. § 1526 (BANKRUPTCY)
§ 1526. Cooperation and direct communication between the trustee and foreign courts or foreign representatives
(a) Consistent with section 1501, the trustee or other person, including an examiner, authorized by the court, shall, subject to the supervision of the court, cooperate to the maximum extent possible with a foreign court or a foreign representative.
(b) The trustee or other person, including an examiner, authorized by the court is entitled, subject to the supervision of the court, to communicate directly with a foreign court or a foreign representative.
(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 143.)
heading: Effective Date
text: Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
11 U.S.C. § 1527 (BANKRUPTCY)
§ 1527. Forms of cooperation
Cooperation referred to in sections 1525 and 1526 may be implemented by any appropriate means, including—
(1) appointment of a person or body, including an examiner, to act at the direction of the court;
(2) communication of information by any means considered appropriate by the court;
(3) coordination of the administration and supervision of the debtor’s assets and affairs;
(4) approval or implementation of agreements concerning the coordination of proceedings; and
(5) coordination of concurrent proceedings regarding the same debtor.
(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 143.)
heading: Effective Date
text: Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
11 U.S.C. § 1528 (BANKRUPTCY)
§ 1528. Commencement of a case under this title after recognition of a foreign main proceeding
After recognition of a foreign main proceeding, a case under another chapter of this title may be commenced only if the debtor has assets in the United States. The effects of such case shall be restricted to the assets of the debtor that are within the territorial jurisdiction of the United States and, to the extent necessary to implement cooperation and coordination under sections 1525, 1526, and 1527, to other assets of the debtor that are within the jurisdiction of the court under sections 541(a) of this title, and 1334(e) of title 28, to the extent that such other assets are not subject to the jurisdiction and control of a foreign proceeding that has been recognized under this chapter.
(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 143.)
heading: Effective Date
text: Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
11 U.S.C. § 1529 (BANKRUPTCY)
§ 1529. Coordination of a case under this title and a foreign proceeding
If a foreign proceeding and a case under another chapter of this title are pending concurrently regarding the same debtor, the court shall seek cooperation and coordination under sections 1525, 1526, and 1527, and the following shall apply:
(1) If the case in the United States is pending at the time the petition for recognition of such foreign proceeding is filed—
(A) any relief granted under section 1519 or 1521 must be consistent with the relief granted in the case in the United States; and
(B) section 1520 does not apply even if such foreign proceeding is recognized as a foreign main proceeding.
(2) If a case in the United States under this title commences after recognition, or after the date of the filing of the petition for recognition, of such foreign proceeding—
(A) any relief in effect under section 1519 or 1521 shall be reviewed by the court and shall be modified or terminated if inconsistent with the case in the United States; and
(B) if such foreign proceeding is a foreign main proceeding, the stay and suspension referred to in section 1520(a) shall be modified or terminated if inconsistent with the relief granted in the case in the United States.
(3) In granting, extending, or modifying relief granted to a representative of a foreign nonmain proceeding, the court must be satisfied that the relief relates to assets that, under the laws of the United States, should be administered in the foreign nonmain proceeding or concerns information required in that proceeding.
(4) In achieving cooperation and coordination under sections 1528 and 1529, the court may grant any of the relief authorized under section 305.
(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 144; amended Pub. L. 111–327, § 2(a)(48), Dec. 22, 2010, 124 Stat. 3562.)
heading: Amendments
text: 2010—Par. (1). Pub. L. 111–327, which directed amendment of par. (1) by inserting “is” after “States”, was executed by making the insertion only in introductory provisions to reflect the probable intent of Congress.
heading: Effective Date
text: Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
11 U.S.C. § 1530 (BANKRUPTCY)
§ 1530. Coordination of more than 1 foreign proceeding
In matters referred to in section 1501, with respect to more than 1 foreign proceeding regarding the debtor, the court shall seek cooperation and coordination under sections 1525, 1526, and 1527, and the following shall apply:
(1) Any relief granted under section 1519 or 1521 to a representative of a foreign nonmain proceeding after recognition of a foreign main proceeding must be consistent with the foreign main proceeding.
(2) If a foreign main proceeding is recognized after recognition, or after the filing of a petition for recognition, of a foreign nonmain proceeding, any relief in effect under section 1519 or 1521 shall be reviewed by the court and shall be modified or terminated if inconsistent with the foreign main proceeding.
(3) If, after recognition of a foreign nonmain proceeding, another foreign nonmain proceeding is recognized, the court shall grant, modify, or terminate relief for the purpose of facilitating coordination of the proceedings.
(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 144.)
heading: Effective Date
text: Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
11 U.S.C. § 1531 (BANKRUPTCY)
§ 1531. Presumption of insolvency based on recognition of a foreign main proceeding
In the absence of evidence to the contrary, recognition of a foreign main proceeding is, for the purpose of commencing a proceeding under section 303, proof that the debtor is generally not paying its debts as such debts become due.
(Added Pub. L. 109–8, title VIII, § 801(a), Apr. 20, 2005, 119 Stat. 144.)
heading: Effective Date
text: Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
12 U.S.C. § 358 (BANKS AND BANKING)
§ 358. Establishment of accounts for purposes of open-market operations; correspondents and agencies
Every Federal reserve bank shall have power to establish accounts with other Federal reserve banks for exchange purposes and, with the consent or upon the order and direction of the Board of Governors of the Federal Reserve System and under regulations to be prescribed by said Board, to open and maintain accounts in foreign countries, appoint correspondents, and establish agencies in such countries wheresoever it may be deemed best for the purpose of purchasing, selling, and collecting bills of exchange, and to buy and sell, with or without its indorsement, through such correspondents or agencies, bills of exchange (or acceptances) arising out of actual commercial transactions which have not more than ninety days to run, exclusive of days of grace, and which bear the signature of two or more responsible parties, and, with the consent of the Board of Governors of the Federal Reserve System, to open and maintain banking accounts for such foreign correspondents or agencies, or for foreign banks or bankers, or for foreign states as defined in section 632 of this title. Whenever any such account has been opened or agency or correspondent has been appointed by a Federal reserve bank, with the consent of or under the order and direction of the Board of Governors of the Federal Reserve System, any other Federal reserve bank may, with the consent and approval of the Board of Governors of the Federal Reserve System, be permitted to carry on or conduct, through the Federal reserve bank opening such account or appointing such agency or correspondent, any transaction authorized by this section under rules and regulations to be prescribed by the board.
(Dec. 23, 1913, ch. 6, § 14(e), 38 Stat. 264; Sept. 7, 1916, ch. 461, 39 Stat. 754; June 21, 1917, ch. 32, § 6, 40 Stat. 235; Aug. 23, 1935, ch. 614, title II, § 203(a), 49 Stat. 704; Apr. 7, 1941, ch. 43, § 1, 55 Stat. 131.)
heading: Codification
text: Section is comprised of subsec. (e) of section 14 of act Dec. 23, 1913. For classification to this title of remainder of section 14, see Codification note under section 353 of this title.
heading: Amendments
text: 1941—Act Apr. 7, 1941, inserted in first sentence “, or for foreign banks or bankers, or for foreign states as defined in section 632 of this title” after “foreign correspondents or agencies”.
heading: Change of Name
text: Section 203(a) of act Aug. 23, 1935, changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System.
14 U.S.C. § 430 (COAST GUARD)
§ 430. Investigations of flag officers and Senior Executive Service employees
In conducting an investigation into an allegation of misconduct by a flag officer or member of the Senior Executive Service serving in the Coast Guard, the Inspector General of the Department of Homeland Security shall—
(1) conduct the investigation in a manner consistent with Department of Defense policies for such an investigation; and
(2) consult with the Inspector General of the Department of Defense.
(Added Pub. L. 114–120, title II, § 220(a), Feb. 8, 2016, 130 Stat. 48.)
heading: Codification
text: Section 220(a) of Pub. L. 114–120, which directed that this section be added at the end of this chapter, was executed by adding this section after section 429, to reflect the probable intent of Congress.
14 U.S.C. § 2701 (COAST GUARD)
§ 2701. Requirement for prior authorization of appropriations
Amounts may be appropriated to or for the use of the Coast Guard for the following matters only if the amounts have been authorized by law after December 31, 1976:
(1) For the operation and maintenance of the Coast Guard, not otherwise provided for.
(2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment.
(3) For the Coast Guard Reserve program, including operations and maintenance of the program, personnel and training costs, equipment, and services.
(4) For the environmental compliance and restoration functions of the Coast Guard under chapter 19 of this title.
(5) For research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard.
(6) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Alteration of Bridges Program.
(Added Pub. L. 97–295, § 2(20)(A), Oct. 12, 1982, 96 Stat. 1303, § 662; amended Pub. L. 101–225, title II, § 222(c), Dec. 12, 1989, 103 Stat. 1919; Pub. L. 111–259, title IV, § 442(2), Oct. 7, 2010, 124 Stat. 2733; renumbered § 2701 and amended Pub. L. 114–120, title I, § 101(b), Feb. 8, 2016, 130 Stat. 30.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
662
14:656(note).
Sept. 10, 1976, Pub. L. 94–406, § 5, 90 Stat. 1236.
The word “Amounts” is substituted for “funds” for clarity and consistency. Before clause (1), the words “After fiscal year 1977” are omitted as executed. The words “of such funds” are omitted as unnecessary. In clause (2), the words “aids, establishments, vessels, or aircraft” are substituted for “thereto” for clarity. In clause (4), the words “a matter referred to in clauses (1)–(3)” are substituted for “any of the above” for clarity.
heading: Amendments
text: 2016—Pub. L. 114–120, § 101(b)(1), (2), renumbered section 662 of this title as this section.
Pars. (1) to (6). Pub. L. 114–120, § 101(b)(3), added pars. (1) to (6) and struck out former pars. (1) to (5) which read as follows:
“(1) For the operation and maintenance of the Coast Guard.
“(2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore or offshore establishments, vessels, or aircraft, including equipment related to the aids, establishments, vessels, or aircraft.
“(3) For altering obstructive bridges.
“(4) For research, development, test, or evaluation related to intelligence systems and capabilities or a matter referred to in clauses (1)–(3).
“(5) For environmental compliance and restoration at Coast Guard facilities.”
2010—Par. (4). Pub. L. 111–259 inserted “intelligence systems and capabilities or” after “related to”.
1989—Par. (5). Pub. L. 101–225 added par. (5).
14 U.S.C. § 2703 (COAST GUARD)
§ 2703. Authorization of personnel end strengths
(a) For each fiscal year, Congress shall authorize the strength for active duty personnel of the Coast Guard as of the end of that fiscal year. Amounts may be appropriated for a fiscal year to or for the use of active duty personnel of the Coast Guard only if the end strength for active duty personnel for that fiscal year has been authorized by law. If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard, for a period not to exceed 6 months after the end of the war or termination of the national emergency.
(b)
(1) Congress shall authorize the average military training student loads for the Coast Guard for each fiscal year. That authorization is required for student loads for the following individual training categories:
(A) Recruit and specialized training.
(B) Flight training.
(C) Professional training in military and civilian institutions.
(D) Officer acquisition training.
(2) Amounts may be appropriated for a fiscal year for use in training military personnel of the Coast Guard in the categories referred to in paragraph (1) only if the average student loads for the Coast Guard for that fiscal year have been authorized by law.
(Added Pub. L. 97–295, § 2(20)(A), Oct. 12, 1982, 96 Stat. 1302, § 661; amended Pub. L. 107–295, title I, § 105(a), Nov. 25, 2002, 116 Stat. 2085; renumbered § 2703, Pub. L. 114–120, title I, § 101(c), Feb. 8, 2016, 130 Stat. 31.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
661
14:ch. 11(note).
Sept. 10, 1976, Pub. L. 94–406, § 6, 90 Stat. 1236.
The words “after fiscal year 1977” are omitted as executed. The word “Amounts” is substituted for “funds” for clarity and consistency.
heading: Amendments
text: 2016—Pub. L. 114–120 renumbered section 661 of this title as this section.
2002—Subsec. (a). Pub. L. 107–295 inserted at end “If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard, for a period not to exceed 6 months after the end of the war or termination of the national emergency.”
14 U.S.C. § 2901 (COAST GUARD)
§ 2901. Transmission of annual Coast Guard authorization request
(a) In General.—
Not later than 30 days after the date on which the President submits to Congress a budget for a fiscal year pursuant to section 1105 of title 31, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a Coast Guard authorization request with respect to such fiscal year.
(b) Coast Guard Authorization Request Defined.—
In this section, the term “Coast Guard authorization request” means a proposal for legislation that, with respect to the Coast Guard for the relevant fiscal year—
(1) recommends end strengths for personnel for that fiscal year, as described in section 2703;
(2) recommends authorizations of appropriations for that fiscal year, including with respect to matters described in section 2701; and
(3) addresses any other matter that the Secretary determines is appropriate for inclusion in a Coast Guard authorization bill.
(Added Pub. L. 113–281, title II, § 216(a), Dec. 18, 2014, 128 Stat. 3035, § 662a; renumbered § 2901 and amended Pub. L. 114–120, title I, § 101(d)(1), Feb. 8, 2016, 130 Stat. 31.)
heading: Amendments
text: 2016—Pub. L. 114–120, § 101(d)(1)(A), (B), renumbered section 662a of this title as this section.
Subsec. (b)(1). Pub. L. 114–120, § 101(d)(1)(C)(i), substituted “described in section 2703” for “described in section 661”.
Subsec. (b)(2). Pub. L. 114–120, § 101(d)(1)(C)(ii), substituted “described in section 2701” for “described in section 662”.