dreamproit/uscode huggingface dataset:
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 11312 of Title 34, Crime Control and Law Enforcement.
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, was classified to section 5784 of Title 42, The Public Health and Welfare, prior to being omitted from the Code.
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.
20 U.S.C. § 1152 (EDUCATION)
§ 1152. Repealed. Pub. L. 109–162, title III, § 304(f), Jan. 5, 2006, 119 Stat. 3016
text: Section, Pub. L. 105–244, title VIII, § 826, Oct. 7, 1998, 112 Stat. 1815; Pub. L. 106–386, div. B, title I, § 1108(a), title V, § 1512(d), Oct. 28, 2000, 114 Stat. 1500, 1533; Pub. L. 109–162, title XI, § 1135(d), Jan. 5, 2006, 119 Stat. 3109; Pub. L. 109–271, §§ 2(d), 8(b), Aug. 12, 2006, 120 Stat. 752, 766, related to grants to combat violent crimes against women on campuses.
heading: Effective Date of Repeal
text: Repeal effective beginning fiscal year 2007, see section 4 of Pub. L. 109–162, set out as an Effective Date of 2006 Amendment note under section 10261 of Title 34, Crime Control and Law Enforcement.
20 U.S.C. § 5701 (EDUCATION)
§ 5701. Purpose
The purpose of this chapter is to establish the Christopher Columbus Fellowship Program to encourage and support research, study, and labor designed to produce new discoveries in all fields of endeavor for the benefit of mankind.
(Pub. L. 102–281, title IV, § 422, May 13, 1992, 106 Stat. 142.)
heading: Repeal of Section
text: Pub. L. 115–31, div. E, title VI, § 631(a), May 5, 2017, 131 Stat. 376, provided that, effective one year after May 5, 2017, this section is repealed.
heading: Effective Date of Repeal
text: Pub. L. 115–31, div. E, title VI, § 631, May 5, 2017, 131 Stat. 376, provided that:
“(a) Effective one year after the date of the enactment of this Act [May 5, 2017], subtitle B [§§ 421–430] of title IV of Public Law 102–281 [enacting this chapter] is repealed.
“(b) On the day before the date of the repeal under subsection (a), the Secretary of the Treasury shall transfer the amounts in the fund described in section 408(a) of subtitle A of title IV of such Public Law [listed in a table of Commemorative Coins under section 5112 of Title 31, Money and Finance] into the general fund of the Treasury.”
heading: Short Title
text: Pub. L. 102–281, title IV, § 400, May 13, 1992, 106 Stat. 139, provided that: “This title [enacting this chapter and provisions set out as a note under section 5112 of Title 31, Money and Finance] may be cited as the ‘Frank Annunzio Act’.”
Pub. L. 102–281, title IV, § 421, May 13, 1992, 106 Stat. 142, provided that: “This subtitle [subtitle B (§§ 421–430) of title IV of Pub. L. 102–281, enacting this chapter] may be cited as the ‘Christopher Columbus Fellowship Act’.”
[Pub. L. 115–31, div. E, title VI, § 631(a), May 5, 2017, 131 Stat. 376, provided that, effective one year after May 5, 2017, section 421 of Pub. L. 102–281, set out above, is repealed.]
22 U.S.C. § 212b (FOREIGN RELATIONS AND INTERCOURSE)
§ 212b. Unique passport identifiers for covered sex offenders
(a) In general
Immediately after receiving a written determination from the Angel Watch Center that an individual is a covered sex offender, through the process developed for that purpose under section 21507 of title 34, the Secretary of State shall take appropriate action under subsection (b).
(b) Authority to use unique passport identifiers
(1) In general
Except as provided under paragraph (2), the Secretary of State shall not issue a passport to a covered sex offender unless the passport contains a unique identifier, and may revoke a passport previously issued without such an identifier of a covered sex offender.
(2) Authority to reissue
Notwithstanding paragraph (1), the Secretary of State may reissue a passport that does not include a unique identifier if an individual described in subsection (a) reapplies for a passport and the Angel Watch Center provides a written determination, through the process developed for that purpose under section 21507 of title 34, to the Secretary of State that the individual is no longer required to register as a covered sex offender.
(c) Defined terms
In this section—
(1) the term “covered sex offender” means an individual who—
(A) is a sex offender, as defined in section 21503(f) of title 34; and
(B) is currently required to register under the sex offender registration program of any jurisdiction;
(2) the term “unique identifier” means any visual designation affixed to a conspicuous location on the passport indicating that the individual is a covered sex offender; and
(3) the term “passport” means a passport book or passport card.
(d) Prohibition
The Secretary of State, the Secretary of Homeland Security, and the Attorney General, and their agencies, officers, employees, and agents, shall not be liable to any person for any action taken under this section.
(e) Disclosure
In furtherance of this section, the Secretary of State may require a passport applicant to disclose that they are a registered sex offender.
(f) Effective date
This section shall take effect upon certification by the Secretary of State, the Secretary of Homeland Security, and the Attorney General, that the process developed and reported to the appropriate congressional committees under section 21507 of title 34 has been successfully implemented.
(Pub. L. 110–457, title II, § 240, as added Pub. L. 114–119, § 8, Feb. 8, 2016, 130 Stat. 24.)
22 U.S.C. § 2733 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2733. Reemployment of annuitants under the Civil Service Retirement System and Federal Employees’ Retirement System
(a) Authority
The Secretary of State may waive the application of section 8344 or 8468 of title 5 on a case-by-case basis, for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.
(b) Procedures
The Secretary should prescribe procedures for the exercise of any authority under subsection (a), including criteria for any exercise of authority and procedures for a delegation of authority.
(c) Annuitants not treated as employees for purposes of retirement benefits
An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5.
(Aug. 1, 1956, ch. 841, title I, § 61, as added Pub. L. 109–234, title I, § 1602(b)(1), June 15, 2006, 120 Stat. 441; amended Pub. L. 111–32, title XI, § 1115(c)(2), June 24, 2009, 123 Stat. 1905; Pub. L. 114–323, title IV, § 405(b), Dec. 16, 2016, 130 Stat. 1929.)
heading: Codification
text: Pub. L. 109–234, title I, § 1602(b)(1), June 15, 2006, 120 Stat. 441, which directed that this section be added at the end of title I of the Department of State Basic Authorities Act of 1956, was executed by adding this section at the end of title I of the State Department Basic Authorities Act of 1956, to reflect the probable intent of Congress.
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–323 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to authority of the Secretary of State to waive application of provisions of section 8344 or 8468 of title 5 on a case-by-case basis for employment of certain annuitants to facilitate the assignment of persons to Iraq, Pakistan, and Afghanistan or to posts vacated by members of the Service assigned to Iraq, Pakistan, and Afghanistan and terminated the Secretary’s authority as of Oct. 1, 2010.
2009—Subsec. (a)(1). Pub. L. 111–32 inserted “, Pakistan,” after “Iraq” in two places.
Subsec. (a)(2). Pub. L. 111–32 substituted “2010” for “2008”.
heading: Extension of Authority
text: Extensions of the waiver authority of the Secretary of State under former subsec. (a) of this section (see 2016 Amendment note above) were contained in the following acts:
Pub. L. 114–113, div. K, title VII, § 7034(k)(5), Dec. 18, 2015, 129 Stat. 2765.
Pub. L. 113–235, div. J, title VII, § 7034(l)(5), Dec. 16, 2014, 128 Stat. 2625.
Pub. L. 113–76, div. K, title VII, § 7034(m)(5), Jan. 17, 2014, 128 Stat. 515.
Pub. L. 112–74, div. I, title VII, § 7034(m)(5), Dec. 23, 2011, 125 Stat. 1216.
25 U.S.C. § 463 (INDIANS)
§ 463. Transferred
heading: Codification
text: Section 463 was editorially reclassified as section 5103 of this title.
heading: Restoration of Vacant and Undisposed-of Ceded Lands in Certain Indian Reservations
text: Pub. L. 85–420, May 19, 1958, 72 Stat. 121, which provided that lands classified as vacant and undisposed-of ceded lands (including townsite lots) on the Indian reservations at Klamath River, California, Coeur d’Alene, Idaho, Crow, Montana, Fort Peck, Montana, and Spokane, Washington, would be restored to tribal ownership, subject to valid existing rights, was omitted from the Code as being of special and not general application.
25 U.S.C. § 652 (INDIANS)
§ 652. Omitted
heading: Codification
text: Section, act May 18, 1928, ch. 624, § 2, 45 Stat. 602; Pub. L. 97–164, title I, § 150, Apr. 2, 1982, 96 Stat. 46; Pub. L. 100–352, § 6(b), June 27, 1988, 102 Stat. 663; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, which related to claims against the United States for appropriated lands, was omitted from the Code as being of special and not general application.
25 U.S.C. § 657 (INDIANS)
§ 657. Omitted
heading: Codification
text: Section, act May 18, 1928, ch. 624, § 7, 45 Stat. 603; Apr. 29, 1930, ch. 222, 46 Stat. 259; June 30, 1948, ch. 765, § 1, 62 Stat. 1166; May 24, 1950, ch. 196, § 1, 64 Stat. 189; June 8, 1954, ch. 271, § 1, 68 Stat. 240, which related to revision of the roll of the Indians of California, was omitted from the Code as being of special and not general application.
25 U.S.C. § 712d (INDIANS)
§ 712d. Omitted
heading: Codification
text: Section, Pub. L. 97–391, § 6, Dec. 29, 1982, 96 Stat. 1961, which authorized the Secretary of the Interior to make rules necessary to carry out the provisions of this subchapter, was omitted from the Code as being of special and not general application.
25 U.S.C. § 722 (INDIANS)
§ 722. Omitted
heading: Codification
text: Section, act Aug. 23, 1954, ch. 831, § 2, 68 Stat. 769, which related to proclamation declaring termination of Federal trust upon conveyance of lands to the State of Texas, was omitted from the Code as being of special and not general application.
25 U.S.C. § 734 (INDIANS)
§ 734. Omitted
heading: Codification
text: Section, Pub. L. 100–89, title II, § 204, Aug. 18, 1987, 101 Stat. 670; Pub. L. 103–437, § 10(d), Nov. 2, 1994, 108 Stat. 4589, which related to continuing authority of the State of Texas and Tribal Council and effectiveness of current constitution and bylaws, was omitted from the Code as being of special and not general application.
25 U.S.C. § 787 (INDIANS)
§ 787. Omitted
heading: Codification
text: Section, Pub. L. 90–76, § 2, Aug. 29, 1967, 81 Stat. 177, which related to advances and expenditures from funds deposited pursuant to former sections 786 to 788 of this title, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1195 (INDIANS)
§ 1195. Omitted
heading: Codification
text: Section, Pub. L. 91–259, § 5, May 21, 1970, 84 Stat. 254, which provided for certain moneys withheld from per capita distribution to be invested or placed in trust and for the income thereon to be used for the education of members of the tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1212 (INDIANS)
§ 1212. Omitted
heading: Codification
text: Section, Pub. L. 103–454, title II, § 202, Nov. 2, 1994, 108 Stat. 4792, which set out Congressional findings, was omitted from the Code as being of special and not general application.
heading: Short Title
text: Pub. L. 103–454, title II, § 201, Nov. 2, 1994, 108 Stat. 4792, provided that title II of Pub. L. 103–454, enacting sections 1212 to 1215 of this title, could be cited as the “Tlingit and Haida Status Clarification Act”.
25 U.S.C. § 1300b (INDIANS)
§ 1300b. Omitted
heading: Codification
text: Section, Pub. L. 92–467, § 1, Oct. 6, 1972, 86 Stat. 781, which related to division of judgment funds on the basis of tribal membership rolls after payment of attorney fees and litigation expenses, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300c–1 (INDIANS)
§ 1300c–1. Omitted
heading: Codification
text: Section, Pub. L. 92–468, § 2, Oct. 6, 1972, 86 Stat. 782, which provided for the withholding of a portion of the judgment funds for expert witnesses or other programing needs in certain claims, was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300g–5 (INDIANS)
§ 1300g–5. Omitted
heading: Codification
text: Section, Pub. L. 100–89, title I, § 106, Aug. 18, 1987, 101 Stat. 668, which repealed the Tiwa Indians Act (Pub. L. 90–287, Apr. 12, 1968, 82 Stat. 93, providing the tribe’s designation and transferring responsibility for the tribe to the State of Texas), was omitted from the Code as being of special and not general application.
25 U.S.C. § 1300h (INDIANS)
§ 1300h. Omitted
heading: Codification
text: Section, Pub. L. 100–420, § 2, Sept. 8, 1988, 102 Stat. 1577, which set out congressional findings, was omitted from the Code as being of special and not general application.
heading: Short Title
text: Pub. L. 100–420, § 1, Sept. 8, 1988, 102 Stat. 1577, provided that Pub. L. 100–420, enacting this subchapter, could be cited as the “Lac Vieux Desert Band of Lake Superior Chippewa Indians Act”.
25 U.S.C. § 1300k (INDIANS)
§ 1300k. Omitted
heading: Codification
text: Section, Pub. L. 103–324, § 2, Sept. 21, 1994, 108 Stat. 2156, which set out congressional findings, was omitted from the Code as being of special and not general application.
heading: Short Title
text: Pub. L. 103–324, § 1, Sept. 21, 1994, 108 Stat. 2156, provided that Pub. L. 103–324, enacting this subchapter, could be cited as the “Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act”.
25 U.S.C. § 1300n (INDIANS)
§ 1300n. Omitted
heading: Codification
text: Section, Pub. L. 106–568, title XIV, § 1402, Dec. 27, 2000, 114 Stat. 2939, which set out congressional findings, was omitted from the Code as being of special and not general application.
heading: Short Title
text: Pub. L. 106–568, title XIV, § 1401, Dec. 27, 2000, 114 Stat. 2939, provided that title XIV of Pub. L. 106–568, enacting this subchapter, could be cited as the “Graton Rancheria Restoration Act”.
25 U.S.C. § 2454 (INDIANS)
§ 2454. Model Indian Juvenile Code
The Secretary of the Interior, either directly or by contract, shall provide for the development of a Model Indian Juvenile Code which shall be consistent with the Juvenile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11101 et seq.] and which shall include provisions relating to the disposition of cases involving Indian youth arrested or detained by Bureau of Indian Affairs or tribal law enforcement personnel for alcohol or drug related offenses. The development of such model code 1 shall be accomplished in cooperation with Indian organizations having an expertise or knowledge in the field of law enforcement and judicial procedure and in consultation with Indian tribes. Upon completion of the Model Code, the Secretary shall make copies available to each Indian tribe.
(Pub. L. 99–570, title IV, § 4221, Oct. 27, 1986, 100 Stat. 3207–147.)
heading: References in Text
text: The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in text, is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, which is classified principally to chapter 111 (§ 11101 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of Title 34 and Tables.
25 U.S.C. § 5346 (INDIANS)
§ 5346. Local committee of Indian parents in school districts having school boards composed of non-Indian majority
(a) Election; functions
Whenever a school district affected by a contract or contracts for the education of Indians pursuant to sections 5342 to 5347 of this title has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local Indian committee or committees established pursuant to section 7424(c)(4) of title 20 or an Indian advisory school board or boards established pursuant to sections 5342 to 5347 of this title prior to January 4, 1975, exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section.
(b) Revocation of contracts
The Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a) of this section.
(Apr. 16, 1934, ch. 147, § 5, as added Pub. L. 93–638, title II, § 202, Jan. 4, 1975, 88 Stat. 2213; amended Pub. L. 103–382, title III, § 393(d), Oct. 20, 1994, 108 Stat. 4027; Pub. L. 107–110, title VII, § 702(e), Jan. 8, 2002, 115 Stat. 1947; Pub. L. 114–95, title IX, § 9215(a), Dec. 10, 2015, 129 Stat. 2166.)
heading: Codification
text: Section was formerly classified to section 456 of this title prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 5 of act Apr. 16, 1934, ch. 147, 48 Stat. 596, which excluded Oklahoma from the application of contract provisions, was omitted in the general amendment of act Apr. 16, 1934, by act June 4, 1936, ch. 490, 49 Stat. 1458.
heading: Amendments
text: 2015—Subsec. (a). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7424(c)(4) of title 20.
2002—Subsec. (a). Pub. L. 107–110 substituted reference to section 7424(c)(4) of title 20 for reference to section 7814(c)(4) of title 20.
1994—Subsec. (a). Pub. L. 103–382 substituted reference to section 7814(c)(4) of title 20 for reference to section 241dd(b)(2)(B)(ii) of title 20.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.