PRIA, Government Policy, Made Personal

Summary

Sets reading rules for the chapter and says how it works with other laws. Words like "includes" or "including" do not limit meaning, "or" can mean one or more choices, and a singular word can also mean plural. It does not stop the U.S. from collecting taxes or tax-like amounts, collecting criminal fines or forfeitures, appointing a receiver, or enforcing security agreements. It also does not replace or change many other laws, such as bankruptcy, admiralty law, certain federal payment and garnishment rules, criminal time limits, set-off rights, courts’ powers to grant injunctions, impose sanctions, appoint receivers, or use contempt, or laws letting the U.S. recover property it owns. State laws that conflict are overridden. Federal civil procedure rules apply unless the chapter says otherwise.

Title 28, §3003

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Terms.—

For purposes of this chapter—

(1)the terms “includes” and “including” are not limiting;

(2)the term “or” is not exclusive; and

(3)the singular includes the plural.

(b)Effect on Rights of the United States.—

This chapter shall not be construed to curtail or limit the right of the United States under any other Federal law or any State law—

(1)to collect taxes or to collect any other amount collectible in the same manner as a tax;

(2)to collect any fine, penalty, assessment, restitution, or forfeiture arising in a criminal case;

(3)to appoint or seek the appointment of a receiver; or

(4)to enforce a security agreement.

(c)Effect on Other Laws.—

This chapter shall not be construed to supersede or modify the operation of— (1)

(2)admiralty law;

(3)section 3713 of title 31;

(4)section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673);

(5)a statute of limitation applicable to a criminal proceeding;

(6)the common law or statutory rights to set-off or recoupment;

(7)any Federal law authorizing, or any inherent authority of a court to provide, injunctive relief;

(8)the authority of a court—

(A)to impose a sanction under the Federal Rules of Civil Procedure;

(B)to appoint a receiver to effectuate its order; or

(C)to exercise the power of contempt under any Federal law;

(9)any law authorizing the United States to obtain partition, or to recover possession, of property in which the United States holds title; or

(10)any provision of any other chapter of this title, except to the extent such provision is inconsistent with this chapter.

(d)Preemption.—

This chapter shall preempt State law to the extent such law is inconsistent with a provision of this chapter.

(e)Effect on Rights of the United States Under Foreign and International Law.—

This chapter shall not be construed to curtail or limit the rights of the United States under foreign law, under a treaty or an international agreement, or otherwise under international law.

(f)Applicability of Federal Rules of Civil Procedure.—

Except as provided otherwise in this chapter, the Federal Rules of Civil Procedure shall apply with respect to actions and proceedings under this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsecs. (c)(8)(A) and (f), are set out in the Appendix to this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that

Effective Date

, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.

§3003 Rules of Construction

Summary

Title 28, §3003

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata