dreamproit/uscode huggingface dataset:
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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.
15 U.S.C. § 57c–1 (COMMERCE AND TRADE)
§ 57c–1. Staff exchanges
(a) In general
The Commission may—
(1) retain or employ officers or employees of foreign government agencies on a temporary basis as employees of the Commission pursuant to section 42 of this title or section 3101 or section 3109 of title 5; and
(2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies.
(b) Reciprocity and reimbursement
The staff arrangements described in subsection (a) need not be reciprocal. The Commission may accept payment or reimbursement, in cash or in kind, from a foreign government agency to which this section is applicable, or payment or reimbursement made on behalf of such agency, for expenses incurred by the Commission, its members, and employees in carrying out such arrangements.
(c) Standards of conduct
A person appointed under subsection (a)(1) shall be subject to the provisions of law relating to ethics, conflicts of interest, corruption, and any other criminal or civil statute or regulation governing the standards of conduct for Federal employees that are applicable to the type of appointment.
(Sept. 26, 1914, ch. 311, § 25A, as added Pub. L. 109–455, § 9, Dec. 22, 2006, 120 Stat. 3381.)
heading: Repeal of Section
text: For repeal of section by section 13 of Pub. L. 109–455, see Effective Date of Repeal note below.
heading: Effective Date of Repeal
text: Section repealed effective Sept. 30, 2027, see section 13 of Pub. L. 109–455, as amended, set out as a Termination Date of 2006 Amendment note under section 44 of this title.
15 U.S.C. § 57c–2 (COMMERCE AND TRADE)
§ 57c–2. Reimbursement of expenses
The Commission may accept payment or reimbursement, in cash or in kind, from a domestic or foreign law enforcement agency, or payment or reimbursement made on behalf of such agency, for expenses incurred by the Commission, its members, or employees in carrying out any activity pursuant to a statute administered by the Commission without regard to any other provision of law. Any such payments or reimbursements shall be considered a reimbursement to the appropriated funds of the Commission.
(Sept. 26, 1914, ch. 311, § 26, as added Pub. L. 109–455, § 11(2), Dec. 22, 2006, 120 Stat. 3381.)
heading: Repeal of Section
text: For repeal of section by section 13 of Pub. L. 109–455, see Effective Date of Repeal note below.
heading: Prior Provisions
text: A prior section 26 of act Sept. 26, 1914, was renumbered section 28 and is classified to section 58 of this title.
heading: Effective Date of Repeal
text: Section repealed effective Sept. 30, 2027, see section 13 of Pub. L. 109–455, as amended, set out as a Termination Date of 2006 Amendment note under section 44 of this title.
25 U.S.C. § 5364 (INDIANS)
§ 5364. Compacts
(a) In general
The Secretary shall negotiate and enter into a written compact with each Indian Tribe participating in self-governance in a manner consistent with the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian Tribes and the United States.
(b) Contents
A compact under subsection (a) shall—
(1) specify and affirm the general terms of the government-to-government relationship between the Indian Tribe and the Secretary; and
(2) include such terms as the parties intend shall control during the term of the compact.
(c) Amendment
A compact under subsection (a) may be amended only by agreement of the parties.
(d) Effective date
The effective date of a compact under subsection (a) shall be—
(1) the date of the execution of the compact by the parties; or
(2) such date as is mutually agreed upon by the parties.
(e) Duration
A compact under subsection (a) shall remain in effect—
(1) for so long as permitted by Federal law; or
(2) until termination by written agreement, retrocession, or reassumption.
(f) Existing compacts
An Indian Tribe participating in self-governance under this subchapter, as in effect on October 21, 2020, shall have the option at any time after that date—
(1) to retain its negotiated compact (in whole or in part) to the extent that the provisions of the compact are not directly contrary to any express provision of this subchapter; or
(2) to negotiate a new compact in a manner consistent with this subchapter.
(Pub. L. 93–638, title IV, § 404, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864.)
heading: Prior Provisions
text: A prior section 5364, Pub. L. 93–638, title IV, § 404, as added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108 Stat. 4275, related to identification of funds in annual budget request, prior to repeal by Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864. See section 5371 of this title. Such section was formerly classified to section 458dd of this title prior to editorial reclassification and renumbering as section 5364.
25 U.S.C. § 5369 (INDIANS)
§ 5369. Facilitation
(a) In general
Except as otherwise provided by law (including section 101(a) of the PROGRESS for Indian Tribes Act), the Secretary shall interpret each Federal law and regulation in a manner that facilitates—
(1) the inclusion of programs in funding agreements; and
(2) the implementation of funding agreements.
(b) Regulation waiver
(1) Request
An Indian Tribe may submit to the Secretary a written request for a waiver of applicability of a Federal regulation, including—
(A) an identification of the specific text in the regulation sought to be waived; and
(B) the basis for the request.
(2) Determination by the secretary
Not later than 120 days after receipt by the Secretary and the designated officials under paragraph (4) of a request under paragraph (1), the Secretary shall approve or deny the requested waiver in writing to the Indian Tribe.
(3) Extensions
The deadline described in paragraph (2) may be extended for any length of time, as agreed upon by both the Indian Tribe and the Secretary.
(4) Designated officials
The Secretary shall designate one or more appropriate officials in the Department to receive a copy of the waiver request described in paragraph (1).
(5) Grounds for denial
The Secretary may deny a request under paragraph (1) upon a specific finding by the Secretary that the identified text in the regulation may not be waived because such a waiver is prohibited by Federal law.
(6) Failure to make determination
If the Secretary fails to make a determination with respect to a waiver request within the period specified in paragraph (2) (including any extension agreed to under paragraph (3)), the Secretary shall be deemed to have agreed to the request, except that for a waiver request relating to programs eligible under section 5363(b)(2) or section 5363(c) of this title, the Secretary shall be deemed to have denied the request.
(7) Finality
A decision of the Secretary under this section shall be final for the Department.
(Pub. L. 93–638, title IV, § 409, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 874.)
heading: References in Text
text: Section 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (a), is section 101(a) of Pub. L. 116–180, which is set out as a note under section 5361 of this title.
25 U.S.C. § 5370 (INDIANS)
§ 5370. Discretionary application of other sections
(a) In general
Except as otherwise provided in section 201(d) of the PROGRESS for Indian Tribes Act, at the option of a participating Indian Tribe or Indian Tribes, any of the provisions of subchapter I may be incorporated in any compact or funding agreement under this subchapter. The inclusion of any such provision shall be subject to, and shall not conflict with, section 101(a) of such Act.
(b) Effect
Each incorporated provision under subsection (a) shall—
(1) have the same force and effect as if set out in full in this subchapter;
(2) supplement or replace any related provision in this subchapter; and
(3) apply to any agency otherwise governed by this subchapter.
(c) Effective date
If an Indian Tribe requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall—
(1) be effective immediately; and
(2) control the negotiation and resulting compact and funding agreement.
(Pub. L. 93–638, title IV, § 410, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 875.)
heading: References in Text
text: Sections 101(a) and 201(d) of the PROGRESS for Indian Tribes Act, referred to in subsec. (a), are sections 101(a) and 201(d) of Pub. L. 116–180, which are set out as notes under section 5361 of this title.
Subchapter I, referred to in subsec. (a), was in the original “title I”, meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§ 5321 et seq.) of this chapter. For complete classification of title I to the Code, see Short Title note set out under section 5301 of this title and Tables.
25 U.S.C. § 5371 (INDIANS)
§ 5371. Annual budget list
The Secretary shall list, in the annual budget request submitted to Congress under section 1105 of title 31, any funds proposed to be included in funding agreements authorized under this subchapter.
(Pub. L. 93–638, title IV, § 411, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 876.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 5364 of this title prior to repeal by Pub. L. 116–180.
25 U.S.C. § 5373 (INDIANS)
§ 5373. Regulations
(a) In general
(1) Promulgation
Not later than 90 days after October 21, 2020, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this subchapter.
(2) Publication of proposed regulations
Proposed regulations to implement this subchapter shall be published in the Federal Register not later than 21 months after October 21, 2020.
(3) Expiration of authority
The authority to promulgate regulations under paragraph (1) shall expire on the date that is 30 months after October 21, 2020.
(b) Committee
(1) Membership
A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only representatives of the Federal Government and Tribal government.
(2) Lead agency
Among the Federal representatives described in paragraph (1), the Office of Self-Governance shall be the lead agency for the Department.
(c) Adaptation of procedures
The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian Tribes.
(d) Effect
(1) Repeal
The Secretary may repeal any regulation that is inconsistent with this chapter.
(2) Conflicting provisions
Subject to section 101(a) of the PROGRESS for Indian Tribes Act and except with respect to programs described under section 5363(c) of this title, this subchapter shall supersede any conflicting provision of law (including any conflicting regulations).
(3) Effectiveness without regard to regulations
The lack of promulgated regulations on an issue shall not limit the effect or implementation of this subchapter.
(Pub. L. 93–638, title IV, § 413, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 877.)
heading: References in Text
text: This chapter, referred to in subsec. (d)(1), was in the original “this Act”, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Section 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (d)(2), is section 101(a) of Pub. L. 116–180, which is set out as a note under section 5361 of this title.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 5367 of this title prior to repeal by Pub. L. 116–180.
25 U.S.C. § 5374 (INDIANS)
§ 5374. Effect of circulars, policies, manuals, guidance, and rules
Unless expressly agreed to by a participating Indian Tribe in a compact or funding agreement, the participating Indian Tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Department, except for—
(1) the eligibility provisions of section 5324(g) of this title; and
(2) regulations promulgated pursuant to section 5373 of this title.
(Pub. L. 93–638, title IV, § 414, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.)
25 U.S.C. § 5375 (INDIANS)
§ 5375. Appeals
Except as provided in section 5366(d) of this title, in any administrative action, appeal, or civil action for judicial review of any decision made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by a preponderance of the evidence—
(1) the validity of the grounds for the decision; and
(2) the consistency of the decision with the requirements and policies of this subchapter.
(Pub. L. 93–638, title IV, § 415, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 878.)