dreamproit/uscode huggingface dataset:
28 U.S.C. § 993 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 993. Powers and duties of Chair
The Chair shall—
(a) call and preside at meetings of the Commission, which shall be held for at least two weeks in each quarter after the members of the Commission hold part-time positions; and
(b) direct—
(1) the preparation of requests for appropriations for the Commission; and
(2) the use of funds made available to the Commission.
(Added Pub. L. 98–473, title II, § 217(a), Oct. 12, 1984, 98 Stat. 2019; amended Pub. L. 99–22, § 1(2), Apr. 15, 1985, 99 Stat. 46; Pub. L. 99–646, § 5, Nov. 10, 1986, 100 Stat. 3592; Pub. L. 103–322, title XXVIII, § 280005(c)(1), Sept. 13, 1994, 108 Stat. 2097.)
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “Chair” for “Chairman” in section catchline and introductory provisions.
1986—Subsec. (b)(2). Pub. L. 99–646 struck out provision that, before appointment of first Chairman, Administrative Office of the United States Courts may make requests for appropriations for Commission.
1985—Subsec. (b)(2). Pub. L. 99–22 inserted provision authorizing the Administrative Office of the United States Courts to make requests for appropriations for the Commission before the appointment of the first Chairman of the Commission.
heading: Effective Date
text: Section effective Oct. 12, 1984, see section 235(a)(1)(B)(i) of Pub. L. 98–473, set out as an Effective Date; Savings Provision note under section 3551 of Title 18, Crimes and Criminal Procedure.
28 U.S.C. § 996 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 996. Director and staff
(a) The Staff Director shall supervise the activities of persons employed by the Commission and perform other duties assigned to the Staff Director by the Commission.
(b) The Staff Director shall, subject to the approval of the Commission, appoint such officers and employees as are necessary in the execution of the functions of the Commission. The officers and employees of the Commission shall be exempt from the provisions of part III of title 5, except the following: chapters 45 (Incentive Awards), 63 (Leave), 81 (Compensation for Work Injuries), 83 (Retirement), 85 (Unemployment Compensation), 87 (Life Insurance), and 89 (Health Insurance), and subchapter VI of chapter 55 (Payment for accumulated and accrued leave).
(Added Pub. L. 98–473, title II, § 217(a), Oct. 12, 1984, 98 Stat. 2026; amended Pub. L. 100–690, title VII, § 7106(c), Nov. 18, 1988, 102 Stat. 4418; Pub. L. 101–650, title III, § 325(b)(6), Dec. 1, 1990, 104 Stat. 5121; Pub. L. 103–322, title XXVIII, § 280005(c)(5), Sept. 13, 1994, 108 Stat. 2097; Pub. L. 106–518, title III, § 302(a), Nov. 13, 2000, 114 Stat. 2416.)
heading: Amendments
text: 2000—Subsec. (b). Pub. L. 106–518 substituted “except the following: chapters 45 (Incentive Awards), 63 (Leave), 81 (Compensation for Work Injuries), 83 (Retirement), 85 (Unemployment Compensation), 87 (Life Insurance), and 89 (Health Insurance), and subchapter VI of chapter 55 (Payment for accumulated and accrued leave)” for “United States Code, except the following chapters: 45 (Incentive Awards), 81 (Compensation for Work Injuries), 83 (Retirement), 85 (Unemployment Compensation), 87 (Life Insurance), and 89 (Health Insurance)”.
1994—Subsec. (a). Pub. L. 103–322 substituted “the Staff Director” for “him” after “assigned to”.
1990—Subsec. (b). Pub. L. 101–650 substituted “and 89 (Health Insurance)” for “89 (Health Insurance), and 91 (Conflicts of Interest)”.
1988—Subsec. (b). Pub. L. 100–690 inserted reference to chapter 45 (Incentive Awards).
heading: Effective Date
text: Section effective Oct. 12, 1984, see section 235(a)(1)(B)(i) of Pub. L. 98–473, set out as an Effective Date; Savings Provision note under section 3551 of Title 18, Crimes and Criminal Procedure.
heading: Savings Provision
text: Pub. L. 106–518, title III, § 302(b), Nov. 13, 2000, 114 Stat. 2417, provided that: “Any leave that an individual accrued or accumulated (or that otherwise became available to such individual) under the leave system of the United States Sentencing Commission and that remains unused as of the date of the enactment of this Act [Nov. 13, 2000] shall, on and after such date, be treated as leave accrued or accumulated (or that otherwise became available to such individual) under chapter 63 of title 5, United States Code.”
28 U.S.C. § 997 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 997. Annual report
The Commission shall report annually to the Judicial Conference of the United States, the Congress, and the President of the United States on the activities of the Commission.
(Added Pub. L. 98–473, title II, § 217(a), Oct. 12, 1984, 98 Stat. 2026.)
heading: Effective Date
text: Section effective Oct. 12, 1984, see section 235(a)(1)(B)(i) of Pub. L. 98–473, set out as an Effective Date; Savings Provision note under section 3551 of Title 18, Crimes and Criminal Procedure.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in this section relating to requirement to report annually to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 13 of House Document No. 103–7.
28 U.S.C. § 998 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 998. Definitions
As used in this chapter—
(a) “Commission” means the United States Sentencing Commission;
(b) “Commissioner” means a member of the United States Sentencing Commission;
(c) “guidelines” means the guidelines promulgated by the Commission pursuant to section 994(a) of this title; and
(d) “rules and regulations” means rules and regulations promulgated by the Commission pursuant to section 995 of this title.
(Added Pub. L. 98–473, title II, § 217(a), Oct. 12, 1984, 98 Stat. 2026.)
heading: Effective Date
text: Section effective Oct. 12, 1984, see section 235(a)(1)(B)(i) of Pub. L. 98–473, set out as an Effective Date; Savings Provision note under section 3551 of Title 18, Crimes and Criminal Procedure.
28 U.S.C. § 1508 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1508. Jurisdiction for certain partnership proceedings
The Court of Federal Claims shall have jurisdiction to hear and to render judgment upon any petition under section 6226 or 6228(a) of the Internal Revenue Code of 1986.
(Added Pub. L. 97–248, title IV, § 402(c)(18)(A), Sept. 3, 1982, 96 Stat. 669; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–572, title IX, § 902(a)(2), Oct. 29, 1992, 106 Stat. 4516.)
heading: References in Text
text: Sections 6226 and 6228(a) of the Internal Revenue Code of 1986, referred to in text, are classified to sections 6226 and 6228(a) of Title 26, Internal Revenue Code. Section 6226 of Title 26 was repealed and reenacted by Pub. L. 114–74, title XI, § 1101(a), (c)(1), Nov. 2, 2015, 129 Stat. 625, 630, and as so reenacted no longer relates to judicial review, see section 6234 of Title 26. Section 6228 was repealed by Pub. L. 114–74, title XI, § 1101(a), Nov. 2, 2015, 129 Stat. 625.
heading: Amendments
text: 1992—Pub. L. 102–572 substituted “Court of Federal Claims” for “Claims Court”.
1986—Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
heading: Effective Date
text: Section applicable to partnership taxable years beginning after Sept. 3, 1982, with provision for the applicability of this section to any partnership taxable year ending after Sept. 3, 1982, if the partnership, each partner, and each indirect partner requests such application and the Secretary of the Treasury or his delegate consents to such application, see section 407(a)(1), (3) of Pub. L. 97–248, set out as a note under section 702 of Title 26, Internal Revenue Code.
28 U.S.C. § 2710 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2710. Right of attachment
(a) Where debts are due from a defaulting or delinquent postmaster, contractor, or other officer, agent or employee of the Post Office Department, a warrant of attachment may issue against all property and legal and equitable rights belonging to him, and his sureties, or either of them, where he—
(1) is a nonresident of the district where he was appointed, or has departed from that district for the purpose of permanently residing outside thereof, or of avoiding the service of civil process; and
(2) has conveyed away, or is about to convey away any of his property, or has removed or is about to remove the same from the district wherein it is situated, with intent to defraud the United States.
(b) When the property has been removed, the marshal of the district into which it has been removed, upon receipt of certified copies of the warrant, may seize the property and convey it to a convenient place within the jurisdiction of the court which issued the warrant. Alias warrants may be issued upon due application. The warrant first issued remains valid until the return day thereof.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 706.)
heading: Codification
text: Section was derived from R.S. § 924, which was originally classified to section 737 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 924 was reclassified to section 837 of Title 39. R.S. § 924 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2710 of this title.
heading: Change of Name
text: References to Post Office Department, Postal Service, Postal Field Service, Field Postal Service, or Departmental Service or Departmental Headquarters of Post Office Department to be considered references to United States Postal Service pursuant to Pub. L. 91–375, § 6(o), Aug. 12, 1970, 84 Stat. 783, set out as a Cross Reference note preceding section 101 of Title 39, Postal Service.
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2711 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2711. Application for warrant
A United States attorney or assistant United States attorney or a person authorized by the Attorney General—
(1) upon his own affidavit or that of another credible person, stating the existence of either of the grounds of attachments enumerated in section 2710 of this title and
(2) upon production of legal evidence of the debt
may apply for a warrant of attachment to a judge, or, in his absence, to the clerk of any court of the United States having original jurisdiction of the cause of action.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 925, which was originally classified to section 738 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 925 was reclassified to section 838 of Title 39. R.S. § 925 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2711 of this title.
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2712 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2712. Issue of warrant
Upon an order of a judge of a court, or, in his absence and upon the clerk’s own initiative, the clerk shall issue a warrant for the attachment of the property belonging to the person specified in the affidavit. The marshal shall execute the warrant forthwith and take the property attached, if personal, in his custody, subject to the interlocutory or final orders of the court.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 926, which was originally classified to section 739 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 926 was reclassified to section 839 of Title 39. R.S. § 926 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2712 of this title.
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2713 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2713. Trial of ownership of property
Not later than twenty days before the return day of a warrant issued under section 2712 of this title, the party whose property is attached, on notice to the United States Attorney, may file a plea in abatement, denying the allegations of the affidavit, or denying ownership in the defendant of the property attached. The court, upon application of either party, shall order a trial by jury of the issues. Where the parties, by consent, waive a trial by jury, the court shall decide the issues. A party claiming ownership of the property attached and seeking its return is limited to the remedy afforded by this section, but his right to an action of trespass, or other action for damages, is not impaired.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 927, which was originally classified to section 740 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 927 was reclassified to section 840 of Title 39. R.S. § 927 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2713 of this title.
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2714 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2714. Investment of proceeds of attached property
When the property attached is sold on an interlocutory order or is producing revenue, the money arising from the sale or revenue shall be invested, under the order of the court, in securities of the United States. The accretions therefrom are subject to the order of the court.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 928, which was originally classified to section 741 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 928 was reclassified to section 841 of Title 39. R.S. § 928 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2714 of this title.
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2715 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2715. Publication
The marshal shall cause publication of an executed warrant of attachment—
(1) for two months in case of an absconding debtor, and
(2) for four months in case of a nonresident debtor
in a newspaper published in the district where the property is situated pursuant to the details of the order under which the warrant is issued.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 929, which was originally classified to section 742 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 929 was reclassified to section 842 of Title 39. R.S. § 929 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2715 of this title.
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2716 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2716. Personal notice
After the first publication of the notice of attachment, a person indebted to, or having possession of property of a defendant and having knowledge of the notice, shall answer for the amount of his debt or the value of the property. Any disposal or attempted disposal of the property, to the injury of the United States, is unlawful. When the person indebted to, or having possession of the property of a defendant, is known to the United States attorney or marshal, the officer shall cause a personal notice of the attachment to be served upon him, but the lack of the notice does not invalidate the attachment.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Codification
text: Section was derived from R.S. § 930, which was originally classified to section 743 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 930 was reclassified to section 843 of Title 39. R.S. § 930 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2716 of this title.
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2717 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2717. Discharge
The court, or a judge thereof, upon—
(1) application of the party when property has been attached and
(2) execution to the United States of a penal bond, approved by a judge, in double the value of the property attached and conditioned upon the return of the property or the payment of any judgment rendered by the court
may discharge the warrant of attachment as to the property of the applicant.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 708.)
heading: Codification
text: Section was derived from R.S. § 931, which was originally classified to section 744 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 931 was reclassified to section 844 of Title 39. R.S. § 931 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2717 of this title.
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2718 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2718. Interest on balances due department
In suits for balances due the Post Office Department may recover interest at the rate of 6 per centum per year from the time of default.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 708.)
heading: Codification
text: Section was derived from R.S. § 964, which was originally classified to section 788 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 964 was reclassified to section 846 of Title 39. R.S. § 964 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2718 of this title.
heading: Change of Name
text: References to Post Office Department, Postal Service, Postal Field Service, Field Postal Service, or Departmental Service or Departmental Headquarters of Post Office Department to be considered references to United States Postal Service pursuant to Pub. L. 91–375, § 6(o), Aug. 12, 1970, 84 Stat. 783, set out as a Cross References note preceding section 101 of Title 39, Postal Service.
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
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 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 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 Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title.
29 U.S.C. § 483 (LABOR)
§ 483. Application of other laws; existing rights and remedies; exclusiveness of remedy for challenging election
No labor organization shall be required by law to conduct elections of officers with greater frequency or in a different form or manner than is required by its own constitution or bylaws, except as otherwise provided by this subchapter. Existing rights and remedies to enforce the constitution and bylaws of a labor organization with respect to elections prior to the conduct thereof shall not be affected by the provisions of this subchapter. The remedy provided by this subchapter for challenging an election already conducted shall be exclusive.
(Pub. L. 86–257, title IV, § 403, Sept. 14, 1959, 73 Stat. 534.)
heading: Effective Date
text: Section applicable ninety days after Sept. 14, 1959, in the case of certain labor organizations, see section 404 of Pub. L. 86–257, set out as a note under section 481 of this title.