dreamproit/uscode huggingface dataset:
11 U.S.C. § 742 (BANKRUPTCY)
§ 742. Effect of section 362 of this title in this subchapter
Notwithstanding section 362 of this title, SIPC may file an application for a protective decree under the Securities Investor Protection Act of 1970. The filing of such application stays all proceedings in the case under this title unless and until such application is dismissed. If SIPC completes the liquidation of the debtor, then the court shall dismiss the case.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2613; Pub. L. 97–222, § 9, July 27, 1982, 96 Stat. 237; Pub. L. 103–394, title V, § 501(d)(26), Oct. 22, 1994, 108 Stat. 4146.)
heading: Historical and Revision Notes
heading: legislative statements
text: Section 742 of the House amendment deletes a sentence contained in the Senate amendment requiring the trustee in an interstate stock-brokerage liquidation to comply with the provisions of subchapter IV of chapter 7 if the debtor is also a commodity broker. The House amendment expands the requirement to require the SIPC trustee to perform such duties, if the debtor is a commodity broker, under section 7(b) of the Securities Investor Protection Act [15 U.S.C. 78ggg(b)]. The requirement is deleted from section 742 since the trustee of an intrastate stockbroker will be bound by the provisions of subchapter IV of chapter 7 if the debtor is also a commodity broker by reason of section 103 of title 11.
heading: senate report no. 95–989
text: Section 742 indicates that the automatic stay does not prevent SIPC from filing an application for a protective decree under SIPA. If SIPA does file such an application, then all bankruptcy proceedings are suspended until the SIPC action is completed. If SIPC completes liquidation of the stockbroker then the bankruptcy case is dismissed.
heading: Editorial Notes
heading: References in Text
text: The Securities Investor Protection Act of 1970, referred to in text, is Pub. L. 91–598, Dec. 30, 1970, 84 Stat. 1636, which is classified generally to chapter 2B–1 (§ 78aaa et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78aaa of Title 15 and Tables.
heading: Amendments
text: 1994—Pub. L. 103–394 struck out “(15 U.S.C. 78aaa et seq.)” after “Act of 1970”.
1982—Pub. L. 97–222 substituted “title” for “chapter” after “all proceedings in the case under this”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
18 U.S.C. § 1595 (CRIMES AND CRIMINAL PROCEDURE)
§ 1595. Civil remedy
(a) An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, or attempts or conspires to benefit, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter) in an appropriate district court of the United States and may recover damages and reasonable attorneys fees.
(b)
(1) Any civil action filed under subsection (a) shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.
(2) In this subsection, a “criminal action” includes investigation and prosecution and is pending until final adjudication in the trial court.
(c) No action may be maintained under subsection (a) unless it is commenced not later than the later of—
(1) 10 years after the cause of action arose; or
(2) 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense.
(d) In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates section 1591, the attorney general of the State, as parens patriae, may bring a civil action against such person on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief.
(Added Pub. L. 108–193, § 4(a)(4)(A), Dec. 19, 2003, 117 Stat. 2878; amended Pub. L. 110–457, title II, § 221(2), Dec. 23, 2008, 122 Stat. 5067; Pub. L. 114–22, title I, § 120, May 29, 2015, 129 Stat. 247; Pub. L. 115–164, § 6, Apr. 11, 2018, 132 Stat. 1255; Pub. L. 117–347, title I, § 102, Jan. 5, 2023, 136 Stat. 6200.)
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (a). Pub. L. 117–347 inserted “or attempts or conspires to benefit,” after “whoever knowingly benefits,”.
2018—Subsecs. (b)(1), (c). Pub. L. 115–164, § 6(b), substituted “subsection (a)” for “this section”.
Subsec. (d). Pub. L. 115–164, § 6(a), added subsec. (d).
2015—Subsec. (c). Pub. L. 114–22 substituted “not later than the later of—” for “not later than 10 years after the cause of action arose.” and added pars. (1) and (2).
2008—Subsec. (a). Pub. L. 110–457, § 221(2)(A), struck out “of section 1589, 1590, or 1591” after “victim of a violation” and inserted “(or whoever knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter)” after “perpetrator”.
Subsec. (c). Pub. L. 110–457, § 221(2)(B), added subsec. (c).
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.
(3) Clarification with respect to continuing registration
An individual may not be issued or reissued a passport without a unique identifier solely because the individual has moved or otherwise resides outside the United States.
(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; amended Pub. L. 117–347, title III, § 323(b), Jan. 5, 2023, 136 Stat. 6207.)
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (b)(3). Pub. L. 117–347 added par. (3).
22 U.S.C. § 7109b (FOREIGN RELATIONS AND INTERCOURSE)
§ 7109b. Presidential Award for Extraordinary Efforts To Combat Trafficking in Persons
(a) Establishment of award
The President is authorized to establish an award, to be known as the “Presidential Award for Extraordinary Efforts To Combat Trafficking in Persons”, for extraordinary efforts to combat trafficking in persons. To the maximum extent practicable, the Secretary of State shall present the award annually to not more than 5 individuals or organizations, including—
(1) individuals who are United States citizens or foreign nationals; and
(2) United States or foreign nongovernmental organizations.
(b) Selection
The President shall establish procedures for selecting recipients of the award authorized under subsection (a).
(c) Ceremony
The Secretary of State shall host an annual ceremony for recipients of the award authorized under subsection (a) as soon as practicable after the date on which the Secretary submits to Congress the report required under section 7107(b)(1) of this title. The Secretary of State may pay the travel costs of each recipient and a guest of each recipient who attends the ceremony.
(d) Authorization of appropriations
There are authorized to be appropriated, for each of the fiscal years 2022 through 2027, such sums as may be necessary to carry out this section.
(Pub. L. 106–386, div. A, § 112B, as added Pub. L. 110–457, title I, § 109, Dec. 23, 2008, 122 Stat. 5051; amended Pub. L. 117–347, title I, § 105(d)(2), Jan. 5, 2023, 136 Stat. 6204.)
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (d). Pub. L. 117–347 substituted “2022 through 2027” for “2008 through 2011”.
22 U.S.C. § 7115 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7115. Ensuring protection and confidentiality for survivors of human trafficking
(a) Definitions
In this section—
(1) the term “covered grant” means a grant from the Attorney General or the Secretary of Health and Human Services under section 7104(b), 7105(b), or 7105(f) of this title; and
(2) the term “covered recipient” means a grantee or subgrantee receiving funds under a covered grant.
(b) Grant conditions
Covered grants and covered recipients shall be subject, at the election of the Attorney General or the Secretary of Health and Human Services, as applicable, to—
(1) the conditions under section 40002(b)(2) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(2)) that apply with respect to grants under such Act and grantees and subgrantees for such grants; or
(2) the conditions under section 306(c)(5) of the Family Violence Prevention and Services Act (42 U.S.C. 10406(c)(5)) that apply with respect to grants under such Act [42 U.S.C. 10401 et seq.] and grantees and subgrantees for such grants.
(c) Department of Justice-sponsored research
Nothing in this section shall be construed to prohibit a covered recipient from sharing personally identifying information with researchers seeking the information for the purposes of conducting research—
(1) that is funded by the Department of Justice;
(2) for which protections are in place in accordance with the requirements under part 22 of title 28, Code of Federal Regulations, or any successor thereto, and section 10231(a) of title 34; and
(3) for which a current privacy certificate is on file documenting how the researchers intend to fulfill the obligations under such part 22.
(Pub. L. 109–164, title I, § 114, as added Pub. L. 117–347, title I, § 103, Jan. 5, 2023, 136 Stat. 6200.)
heading: Editorial Notes
heading: References in Text
text: The Violence Against Women Act of 1994, referred to in subsec. (b)(1), is title IV of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1902. For complete classification of this Act to the Code, see section 40001 of Pub. L. 103–322, set out as a Short Title of 1994 Act note under section 10101 of Title 34, Crime Control and Law Enforcement, and Tables.
The Family Violence Prevention and Services Act, referred to in subsec. (b)(2), is title III of Pub. L. 98–457, Oct. 9, 1984, 98 Stat. 1757, which is classified generally to chapter 110 (§ 10401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 10401 of Title 42 and Tables.
34 U.S.C. § 20145 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 20145. Elimination of barriers
(a) Minors
A Federal agency may not require a survivor of human trafficking who is less than 18 years of age or a homeless youth to obtain the consent or signature of the parent or guardian of the survivor or homeless youth to receive a copy of a Government-issued identity card issued to the survivor or homeless youth.
(b) Fees
A Federal agency may not charge a survivor of human trafficking or a homeless youth a fee to obtain a copy of a Government-issued identity card issued to the survivor or homeless youth.
(Pub. L. 117–347, title IV, § 402, Jan. 5, 2023, 136 Stat. 6208.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: Pub. L. 117–347, § 3, Jan. 5, 2023, 136 Stat. 6199, provided that:
“In this Act [see section 1 of Pub. L. 117–347, set out as a Short Title of 2023 Amendment note under section 10101 of this title]:
“(1) Computer.—
The term ‘computer’ includes a computer network and any interactive electronic device.
“(2) Cybercrime against individuals.—
The term ‘cybercrime against individuals’ has the meaning given that term in section 1401(a) [of the] Violence Against Women Act Reauthorization Act of 2022 (34 U.S.C. 30107(a)).
“(3) Homeless youth.—
The term ‘homeless youth’ has the meaning given the term ‘homeless children and youths’ in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).”
34 U.S.C. § 20301 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 20301. Findings
The Congress finds that—
(1) over 3,400,000 reports of suspected child abuse and neglect are made each year;
(2) the investigation and prosecution of child abuse cases is extremely complex, involving numerous agencies and dozens of personnel;
(3) a key to a child victim healing from abuse is access to supportive and healthy families and communities;
(4) traditionally, community agencies and professionals have different roles in the prevention, investigation, and intervention process;
(5) in such cases, too often the system does not pay sufficient attention to the needs and welfare of the child victim, aggravating the trauma that the child victim has already experienced;
(6) there is a national need to enhance coordination among community agencies and professionals involved in the intervention system;
(7) multidisciplinary child abuse investigation and prosecution programs have been developed that increase the reporting of child abuse cases, reduce the trauma to the child victim, improve positive outcomes for the child, and increase the successful prosecution of child abuse offenders;
(8) such programs have proven effective, and with targeted Federal assistance, have expanded dramatically throughout the United States; and
(9) State chapters of children’s advocacy center networks are needed to—
(A) assist local communities in coordinating their multidisciplinary child abuse investigation, prosecution, and intervention services; and
(B) provide oversight of, and training and technical assistance in, the effective delivery of evidence-informed programming, and operations of centers.
(Pub. L. 101–647, title II, § 211, Nov. 29, 1990, 104 Stat. 4792; Pub. L. 102–586, § 6(a), Nov. 4, 1992, 106 Stat. 5029; Pub. L. 115–424, § 2(a), Jan. 7, 2019, 132 Stat. 5465; Pub. L. 117–354, § 3(1), Jan. 5, 2023, 136 Stat. 6274.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 13001 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2023—Par. (1). Pub. L. 117–354, § 3(1)(A), substituted “3,400,000” for “3,300,000” and struck out “, and drug abuse is associated with a significant portion of these” after “year”.
Pars. (3) to (9). Pub. L. 117–354, § 3(1)(B), (C), added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respectively.
Par. (9)(B). Pub. L. 117–354, § 3(1)(D), inserted “, and operations of centers” after “programming”.
2019—Par. (1). Pub. L. 115–424, § 2(a)(1), substituted “3,300,000” for “2,000,000”.
Par. (6). Pub. L. 115–424, § 2(a)(2), inserted “improve positive outcomes for the child,” before “and increase” and substituted semicolon for “; and” at end.
Par. (7). Pub. L. 115–424, § 2(a)(3), substituted “have expanded dramatically throughout the United States; and” for “could be duplicated in many jurisdictions throughout the country.”
Par. (8). Pub. L. 115–424, § 2(a)(4), added par. (8).
1992—Pars. (3) to (7). Pub. L. 102–586 added pars. (3) and (5) and redesignated former pars. (3), (4), and (5) as (4), (6), and (7), respectively.
34 U.S.C. § 20306 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 20306. Authorization of appropriations
There are authorized to be appropriated to carry out sections 20303, 20304, and 20305 of this title, $40,000,000 for each of fiscal years 2022 through 2028.
(Pub. L. 101–647, title II, § 214B, as added Pub. L. 117–354, § 3(6), Jan. 5, 2023, 136 Stat. 6277.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 20306, Pub. L. 101–647, title II, § 214B, formerly § 214, Nov. 29, 1990, 104 Stat. 4794; renumbered § 214B and amended Pub. L. 102–586, § 6(b)(1), (e), Nov. 4, 1992, 106 Stat. 5029, 5034; Pub. L. 104–235, title II, § 232, Oct. 3, 1996, 110 Stat. 3092; Pub. L. 108–21, title III, § 381(b), Apr. 30, 2003, 117 Stat. 667; Pub. L. 113–163, § 2(a), Aug. 8, 2014, 128 Stat. 1864; Pub. L. 115–424, § 2(f), Jan. 7, 2019, 132 Stat. 5469, which authorized appropriations for sections 20303, 20304, and 20305 of this title for fiscal years 2019 through 2023, was repealed by Pub. L. 117–354, § 3(6), Jan. 5, 2023, 136 Stat. 6277.
34 U.S.C. § 20707 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 20707. Definitions
In this chapter:
(1) Severe forms of trafficking in persons
The term “severe forms of trafficking in persons” has the meaning given the term in section 7102(9) 1 of title 22.
(2) Sex trafficking
The term “sex trafficking” has the meaning given the term in section 7102(10) 1 of title 22.
(3) Commercial sex act
The term “commercial sex act” has the meaning given the term in section 7102(4) of title 22.
(Pub. L. 109–164, title II, § 207, Jan. 10, 2006, 119 Stat. 3572; Pub. L. 113–4, title XII, § 1212(b)(2)(C), Mar. 7, 2013, 127 Stat. 144.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 109–164, Jan. 10, 2006, 119 Stat. 3567, which is classified principally to this chapter. For complete classification of title II to the Code, see Tables.
Section 7102(9) and (10) of title 22, referred to in pars. (1) and (2), was redesignated section 7102(11) and (12), respectively, of title 22 by Pub. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503.
heading: Codification
text: Section was formerly classified to section 14044e of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2013—Par. (1). Pub. L. 113–4, § 1212(b)(2)(C)(i), substituted “section 7102(9)” for “section 7102(8)”.
Par. (2). Pub. L. 113–4, § 1212(b)(2)(C)(ii), substituted “section 7102(10)” for “section 7102(9)”.
Par. (3). Pub. L. 113–4, § 1212(b)(2)(C)(iii), substituted “section 7102(4)” for “section 7102(3)”.
34 U.S.C. § 20709a...20709c (CRIME CONTROL AND LAW ENFORCEMENT)
§§ 20709a to 20709c. Transferred
heading: Editorial Notes
heading: Codification
text: Section 20709a, Pub. L. 115–392, § 7, Dec. 21, 2018, 132 Stat. 5253, which related to holistic training for Federal law enforcement officers and prosecutors, was redesignated as section 212 of Pub. L. 109–164 and transferred to section 20712 of this title.
Section 20709b, Pub. L. 115–393, title V, § 501, Dec. 21, 2018, 132 Stat. 5275, which related to encouraging a victim-centered approach to training of Federal law enforcement personnel, was redesignated as section 213 of Pub. L. 109–164 and transferred to section 20713 of this title.
Section 20709c, Pub. L. 115–393, title V, § 504, Dec. 21, 2018, 132 Stat. 5277, which related to training of tribal law enforcement and prosecutorial personnel, was redesignated as section 214 of Pub. L. 109–164 and transferred to section 20714 of this title.
34 U.S.C. § 20710 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 20710. Education and outreach to trafficking survivors
The Attorney General shall make available, on the website of the Office of Juvenile Justice and Delinquency Prevention, a database for trafficking victim advocates, crisis hotline personnel, foster parents, law enforcement personnel, and crime survivors that contains information on—
(1) counseling and hotline resources;
(2) housing resources;
(3) legal assistance; and
(4) other services for trafficking survivors.
(Pub. L. 109–164, title II, § 210, formerly Pub. L. 114–22, title I, § 119, May 29, 2015, 129 Stat. 247; renumbered § 210 of Pub. L. 109–164, Pub. L. 117–347, title I, § 106(b)(1), Jan. 5, 2023, 136 Stat. 6204.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified as a note under section 5611 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 20712 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 20712. Holistic training for Federal law enforcement officers and prosecutors
All training required under section 20709 of this title and section 7105(c)(4) 1 of title 22 shall—
(1) emphasize that an individual who knowingly solicits or patronizes a commercial sex act from a person who was a minor (consistent with section 1591(c) of title 18) or was subject to force, fraud, or coercion is guilty of an offense under chapter 77 of title 18 and is a party to a human trafficking offense;
(2) develop specific curriculum for—
(A) under appropriate circumstances, arresting and prosecuting buyers of commercial sex, child labor that is a violation of law, or forced labor as a form of primary prevention; and
(B) investigating and prosecuting individuals who knowingly benefit financially from participation in a venture that has engaged in any act of human trafficking; and
(3) specify that any comprehensive approach to eliminating human trafficking shall include a demand reduction component.
(Pub. L. 109–164, title II, § 212, formerly Pub. L. 115–392, § 7, Dec. 21, 2018, 132 Stat. 5253; renumbered § 212 of Pub. L. 109–164, Pub. L. 117–347, title I, § 106(b)(2), Jan. 5, 2023, 136 Stat. 6204.)
heading: Editorial Notes
heading: References in Text
text: Section 7105(c)(4) of title 22, referred to in text, was in the original “section 105(c)(4) of the Trafficking Victims Protection Act of 2000” and was translated as if it read “section 107(c)(4)” of the Act to reflect the probable intent of Congress. There is no section 105(c)(4) of the Trafficking Victims Protection Act of 2000 and section 107(c)(4) relates to the training of Government personnel.
heading: Codification
text: Section was formerly classified to section 20709a of this title prior to renumbering by Pub. L. 117–347.