Definitions: 28 USC sec 3002 , Is the Federal Government a corporation see P15

28 USC § 3002 – Definitions

This preliminary release may be subject to further revision before it is released again as a final version. As with other online versions of the Code, the U.S. Code Classification Tables should be consulted for the latest laws affecting the Code. Those using the USCPrelim should verify the text against the printed slip laws available from GPO (Government Printing Office), the laws as shown on THOMAS (a legislative service of the Library of Congress), and the final version of the Code when it becomes available.

Current through Pub. L. 112-131. (See Public Laws for the current Congress.)

As used in this chapter:
(1)“Counsel for the United States” means—

(A)a United States attorney, an assistant United States attorney designated to act on behalf of the United States attorney, or an attorney with the United States Department of Justice or with a Federal agency who has litigation authority; and
(B)any private attorney authorized by contract made in accordance with section 3718 of title 31 to conduct litigation for collection of debts on behalf of the United States.
(2)“Court” means any court created by the Congress of the United States, excluding the United States Tax Court.
(3)“Debt” means—

(A)an amount that is owing to the United States on account of a direct loan, or loan insured or guaranteed, by the United States; or
(B)an amount that is owing to the United States on account of a fee, duty, lease, rent, service, sale of real or personal property, overpayment, fine, assessment, penalty, restitution, damages, interest, tax, bail bond forfeiture, reimbursement, recovery of a cost incurred by the United States, or other source of indebtedness to the United States, but that is not owing under the terms of a contract originally entered into by only persons other than the United States;
and includes any amount owing to the United States for the benefit of an Indian tribe or individual Indian, but excludes any amount to which the United States is entitled under section 3011(a).
(4)“Debtor” means a person who is liable for a debt or against whom there is a claim for a debt.
(5)“Disposable earnings” means that part of earnings remaining after all deductions required by law have been withheld.
(6)“Earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.
(7)“Garnishee” means a person (other than the debtor) who has, or is reasonably thought to have, possession, custody, or control of any property in which the debtor has a substantial nonexempt interest, including any obligation due the debtor or to become due the debtor, and against whom a garnishment under section 3104 or 3205 is issued by a court.
(8)“Judgment” means a judgment, order, or decree entered in favor of the United States in a court and arising from a civil or criminal proceeding regarding a debt.
(9)“Nonexempt disposable earnings” means 25 percent of disposable earnings, subject to section 303 of the Consumer Credit Protection Act.
(10)“Person” includes a natural person (including an individual Indian), a corporation, a partnership, an unincorporated association, a trust, or an estate, or any other public or private entity, including a State or local government or an Indian tribe.
(11)“Prejudgment remedy” means the remedy of attachment, receivership, garnishment, or sequestration authorized by this chapter to be granted before judgment on the merits of a claim for a debt.
(12)“Property” includes any present or future interest, whether legal or equitable, in real, personal (including choses in action), or mixed property, tangible or intangible, vested or contingent, wherever located and however held (including community property and property held in trust (including spendthrift and pension trusts)), but excludes—

(A)property held in trust by the United States for the benefit of an Indian tribe or individual Indian; and
(B)Indian lands subject to restrictions against alienation imposed by the United States.
(13)“Security agreement” means an agreement that creates or provides for a lien.
(14)“State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States.
(15)“United States” means—

(A)a Federal corporation;
(B)an agency, department, commission, board, or other entity of the United States; or
(C)an instrumentality of the United States.
(16)“United States marshal” means a United States marshal, a deputy marshal, or an official of the United States Marshals Service designated under section 564.
As used in this chapter:
(1)“Counsel for the United States” means—

(A)a United States attorney, an assistant United States attorney designated to act on behalf of the United States attorney, or an attorney with the United States Department of Justice or with a Federal agency who has litigation authority; and
(B)any private attorney authorized by contract made in accordance with section 3718 of title 31 to conduct litigation for collection of debts on behalf of the United States.
(2)“Court” means any court created by the Congress of the United States, excluding the United States Tax Court.
(3)“Debt” means—

(A)an amount that is owing to the United States on account of a direct loan, or loan insured or guaranteed, by the United States; or
(B)an amount that is owing to the United States on account of a fee, duty, lease, rent, service, sale of real or personal property, overpayment, fine, assessment, penalty, restitution, damages, interest, tax, bail bond forfeiture, reimbursement, recovery of a cost incurred by the United States, or other source of indebtedness to the United States, but that is not owing under the terms of a contract originally entered into by only persons other than the United States;
and includes any amount owing to the United States for the benefit of an Indian tribe or individual Indian, but excludes any amount to which the United States is entitled under section 3011(a).
(4)“Debtor” means a person who is liable for a debt or against whom there is a claim for a debt.
(5)“Disposable earnings” means that part of earnings remaining after all deductions required by law have been withheld.
(6)“Earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.
(7)“Garnishee” means a person (other than the debtor) who has, or is reasonably thought to have, possession, custody, or control of any property in which the debtor has a substantial nonexempt interest, including any obligation due the debtor or to become due the debtor, and against whom a garnishment under section 3104 or 3205 is issued by a court.
(8)“Judgment” means a judgment, order, or decree entered in favor of the United States in a court and arising from a civil or criminal proceeding regarding a debt.
(9)“Nonexempt disposable earnings” means 25 percent of disposable earnings, subject to section 303 of the Consumer Credit Protection Act.
(10)“Person” includes a natural person (including an individual Indian), a corporation, a partnership, an unincorporated association, a trust, or an estate, or any other public or private entity, including a State or local government or an Indian tribe.
(11)“Prejudgment remedy” means the remedy of attachment, receivership, garnishment, or sequestration authorized by this chapter to be granted before judgment on the merits of a claim for a debt.
(12)“Property” includes any present or future interest, whether legal or equitable, in real, personal (including choses in action), or mixed property, tangible or intangible, vested or contingent, wherever located and however held (including community property and property held in trust (including spendthrift and pension trusts)), but excludes—

(A)property held in trust by the United States for the benefit of an Indian tribe or individual Indian; and
(B)Indian lands subject to restrictions against alienation imposed by the United States.
(13)“Security agreement” means an agreement that creates or provides for a lien.
(14)“State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States.
(15)“United States” means—

(A)a Federal corporation;
(B)an agency, department, commission, board, or other entity of the United States; or
(C)an instrumentality of the United States.
(16)“United States marshal” means a United States marshal, a deputy marshal, or an official of the United States Marshals Service designated under section 564.
Source

(Added Pub. L. 101–647, title XXXVI, § 3611,Nov. 29, 1990, 104 Stat. 4933.)

References in Text
Section 303 of the Consumer Credit Protection Act, referred to in par. (9), is classified to section 1673 of Title 15, Commerce and Trade.

The table below lists the classification updates, since Jan. 7, 2011, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, June 29, 2012

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

  • An empty field implies a standard amendment.
  • “new” means a new section or new note, or all new text of an existing section or note.
  • “nt” means note.
  • “nt [tbl]” means note [table].
  • “prec” means preceding.
  • “fr” means a transfer from another section.
  • “to” means a transfer to another section.
  • “omitted” means the section is omitted.
  • “repealed” means the section is repealed.
  • “nt ed change” and “ed change” – See the Editorial Classification Change Table [pdf].

The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.

The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the “enrolled” version at the Thomas site.

The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser “find on this (web) page” tools. We are still working on a more direct link facility.

For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.

Sections with change type “new” are a special case, still under development. All are now listed, at the title level only.

You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.

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General Reference

Refer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.

You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

28 USC Description of Change Session Year Public Law Statutes at Large
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  1. […] Definitions: 28 USC sec 3002 , Is the Federal Government a corporation see P15 […]

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