dreamproit/uscode huggingface dataset:
15 U.S.C. § 7509 (COMMERCE AND TRADE)
§ 7509. Definitions
In this chapter:
(1) Advisory Panel
The term “Advisory Panel” means the President’s National Nanotechnology Advisory Panel established or designated under section 7503 of this title.
(2) Nanotechnology
The term “nanotechnology” means the science and technology that will enable one to understand, measure, manipulate, and manufacture at the atomic, molecular, and supramolecular levels, aimed at creating materials, devices, and systems with fundamentally new molecular organization, properties, and functions.
(3) Program
The term “Program” means the National Nanotechnology Program established under section 7501 of this title.
(4) Council
The term “Council” means the National Science and Technology Council or an appropriate subgroup designated by the Council under section 7501(c) of this title.
(5) Advanced technology user facility
The term “advanced technology user facility” means a nanotechnology research and development facility supported, in whole or in part, by Federal funds that is open to all United States researchers on a competitive, merit-reviewed basis.
(6) Program component area
The term “program component area” means a major subject area established under section 7501(c)(2) of this title under which is 1 grouped related individual projects and activities carried out under the Program.
(Pub. L. 108–153, § 10, Dec. 3, 2003, 117 Stat. 1931.)
15 U.S.C. § 7601 (COMMERCE AND TRADE)
§ 7601. Availability of contact lens prescriptions to patients
(a) In general
When a prescriber completes a contact lens fitting, the prescriber—
(1) whether or not requested by the patient, shall provide to the patient a copy of the contact lens prescription; and
(2) shall, as directed by any person designated to act on behalf of the patient, provide or verify the contact lens prescription by electronic or other means.
(b) Limitations
A prescriber may not—
(1) require purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2);
(2) require payment in addition to, or as part of, the fee for an eye examination, fitting, and evaluation as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); or
(3) require the patient to sign a waiver or release as a condition of verifying or releasing a prescription.
(Pub. L. 108–164, § 2, Dec. 6, 2003, 117 Stat. 2024.)
heading: Effective Date
text: Pub. L. 108–164, § 12, Dec. 6, 2003, 117 Stat. 2028, provided that: “This Act [enacting this chapter and provisions set out as a note below] shall take effect 60 days after the date of the enactment of this Act [Dec. 6, 2003].”
heading: Short Title
text: Pub. L. 108–164, § 1, Dec. 6, 2003, 117 Stat. 2024, provided that: “This Act [enacting this chapter and provisions set out as a note above] may be cited as the ‘Fairness to Contact Lens Consumers Act’.”
15 U.S.C. § 7602 (COMMERCE AND TRADE)
§ 7602. Immediate payment of fees in limited circumstances
A prescriber may require payment of fees for an eye examination, fitting, and evaluation before the release of a contact lens prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for ophthalmic goods. For purposes of the preceding sentence, presentation of proof of insurance coverage for that service shall be deemed to be a payment.
(Pub. L. 108–164, § 3, Dec. 6, 2003, 117 Stat. 2024.)
15 U.S.C. § 7603 (COMMERCE AND TRADE)
§ 7603. Prescriber verification
(a) Prescription requirement
A seller may sell contact lenses only in accordance with a contact lens prescription for the patient that is—
(1) presented to the seller by the patient or prescriber directly or by facsimile; or
(2) verified by direct communication.
(b) Record requirement
A seller shall maintain a record of all direct communications referred to in subsection (a).
(c) Information
When seeking verification of a contact lens prescription, a seller shall provide the prescriber with the following information:
(1) Patient’s full name and address.
(2) Contact lens power, manufacturer, base curve or appropriate designation, and diameter when appropriate.
(3) Quantity of lenses ordered.
(4) Date of patient request.
(5) Date and time of verification request.
(6) Name of contact person at seller’s company, including facsimile and telephone number.
(d) Verification events
A prescription is verified under this chapter only if one of the following occurs:
(1) The prescriber confirms the prescription is accurate by direct communication with the seller.
(2) The prescriber informs the seller that the prescription is inaccurate and provides the accurate prescription.
(3) The prescriber fails to communicate with the seller within 8 business hours, or a similar time as defined by the Federal Trade Commission, after receiving from the seller the information described in subsection (c).
(e) Invalid prescription
If a prescriber informs a seller before the deadline under subsection (d)(3) that the contact lens prescription is inaccurate, expired, or otherwise invalid, the seller shall not fill the prescription. The prescriber shall specify the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the seller to the prescriber is inaccurate, the prescriber shall correct it.
(f) No alteration
A seller may not alter a contact lens prescription. Notwithstanding the preceding sentence, if the same contact lens is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a contact lens manufactured by that company under another label.
(g) Direct communication
As used in this section, the term “direct communication” includes communication by telephone, facsimile, or electronic mail.
(Pub. L. 108–164, § 4, Dec. 6, 2003, 117 Stat. 2024.)
15 U.S.C. § 7604 (COMMERCE AND TRADE)
§ 7604. Expiration of contact lens prescriptions
(a) In general
A contact lens prescription shall expire—
(1) on the date specified by the law of the State in which the prescription was written, if that date is one year or more after the issue date of the prescription;
(2) not less than one year after the issue date of the prescription if such State law specifies no date or a date that is less than one year after the issue date of the prescription; or
(3) notwithstanding paragraphs (1) and (2), on the date specified by the prescriber, if that date is based on the medical judgment of the prescriber with respect to the ocular health of the patient.
(b) Special rules for prescriptions of less than 1 year
If a prescription expires in less than 1 year, the reasons for the judgment referred to in subsection (a)(3) shall be documented in the patient’s medical record. In no circumstance shall the prescription expiration date be less than the period of time recommended by the prescriber for a reexamination of the patient that is medically necessary.
(c) Definition
As used in this section, the term “issue date” means the date on which the patient receives a copy of the prescription.
(Pub. L. 108–164, § 5, Dec. 6, 2003, 117 Stat. 2025.)
15 U.S.C. § 7605 (COMMERCE AND TRADE)
§ 7605. Content of advertisements and other representations
Any person that engages in the manufacture, processing, assembly, sale, offering for sale, or distribution of contact lenses may not represent, by advertisement, sales presentation, or otherwise, that contact lenses may be obtained without a prescription.
(Pub. L. 108–164, § 6, Dec. 6, 2003, 117 Stat. 2026.)
15 U.S.C. § 7606 (COMMERCE AND TRADE)
§ 7606. Prohibition of certain waivers
A prescriber may not place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination. The preceding sentence does not impose liability on a prescriber for the ophthalmic goods and services dispensed by another seller pursuant to the prescriber’s correctly verified prescription.
(Pub. L. 108–164, § 7, Dec. 6, 2003, 117 Stat. 2026.)
15 U.S.C. § 7607 (COMMERCE AND TRADE)
§ 7607. Rulemaking by Federal Trade Commission
The Federal Trade Commission shall prescribe rules pursuant to section 57a of this title to carry out this chapter. Rules so prescribed shall be exempt from the requirements of the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act (15 U.S.C. 2301 et seq.). Any such regulations shall be issued in accordance with section 553 of title 5. The first rules under this section shall take effect not later than 180 days after the effective date of this chapter.
(Pub. L. 108–164, § 8, Dec. 6, 2003, 117 Stat. 2026.)
heading: References in Text
text: The Magnuson-Moss Warranty—Federal Trade Commission Improvement Act, referred to in text, is Pub. L. 93–637, Jan. 4, 1975, 88 Stat. 2183, as amended. Title I of the Act is classified generally to chapter 50 (§ 2301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables.
For effective date of this chapter, referred to in text, see section 12 of Pub. L. 108–164, set out as an Effective Date note under section 7601 of this title.
15 U.S.C. § 7608 (COMMERCE AND TRADE)
§ 7608. Violations
(a) In general
Any violation of this chapter or the rules required under section 7607 of this title shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices.
(b) Actions by the Commission
The Federal Trade Commission shall enforce this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this chapter.
(Pub. L. 108–164, § 9, Dec. 6, 2003, 117 Stat. 2026.)
heading: References in Text
text: The Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.
15 U.S.C. § 7609 (COMMERCE AND TRADE)
§ 7609. Study and report
(a) Study
The Federal Trade Commission shall undertake a study to examine the strength of competition in the sale of prescription contact lenses. The study shall include an examination of the following issues:
(1) Incidence of exclusive relationships between prescribers or sellers and contact lens manufacturers and the impact of such relationships on competition.
(2) Difference between online and offline sellers of contact lenses, including price, access, and availability.
(3) Incidence, if any, of contact lens prescriptions that specify brand name or custom labeled contact lenses, the reasons for the incidence, and the effect on consumers and competition.
(4) The impact of the Federal Trade Commission eyeglasses rule (16 CFR 456 et seq.) on competition, the nature of the enforcement of the rule, and how such enforcement has impacted competition.
(5) Any other issue that has an impact on competition in the sale of prescription contact lenses.
(b) Report
Not later than 12 months after the effective date of this chapter, the Chairman of the Federal Trade Commission shall submit to the Congress a report of the study required by subsection (a).
(Pub. L. 108–164, § 10, Dec. 6, 2003, 117 Stat. 2026.)
heading: References in Text
text: For effective date of this chapter, referred to in subsec. (b), see section 12 of Pub. L. 108–164, set out as an Effective Date note under section 7601 of this title.
15 U.S.C. § 7610 (COMMERCE AND TRADE)
§ 7610. Definitions
As used in this chapter:
(1) Contact lens fitting
The term “contact lens fitting” means the process that begins after the initial eye examination and ends when a successful fit has been achieved or, in the case of a renewal prescription, ends when the prescriber determines that no change in prescription is required, and such term may include—
(A) an examination to determine lens specifications;
(B) except in the case of a renewal of a prescription, an initial evaluation of the fit of the lens on the eye; and
(C) medically necessary follow up examinations.
(2) Prescriber
The term “prescriber” means, with respect to contact lens prescriptions, an ophthalmologist, optometrist, or other person permitted under State law to issue prescriptions for contact lenses in compliance with any applicable requirements established by the Food and Drug Administration.
(3) Contact lens prescription
The term “contact lens prescription” means a prescription, issued in accordance with State and Federal law, that contains sufficient information for the complete and accurate filling of a prescription, including the following:
(A) Name of the patient.
(B) Date of examination.
(C) Issue date and expiration date of prescription.
(D) Name, postal address, telephone number, and facsimile telephone number of prescriber.
(E) Power, material or manufacturer or both.
(F) Base curve or appropriate designation.
(G) Diameter, when appropriate.
(H) In the case of a private label contact lens, name of manufacturer, trade name of private label brand, and, if applicable, trade name of equivalent brand name.
(Pub. L. 108–164, § 11, Dec. 6, 2003, 117 Stat. 2027.)
15 U.S.C. § 7703 (COMMERCE AND TRADE)
§ 7703. Prohibition against predatory and abusive commercial e-mail
(a) Omitted
(b) United States Sentencing Commission
(1) Directive
Pursuant to its authority under section 994(p) of title 28 and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the sentencing guidelines and policy statements to provide appropriate penalties for violations of section 1037 of title 18, as added by this section, and other offenses that may be facilitated by the sending of large quantities of unsolicited electronic mail.
(2) Requirements
In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for—
(A) those convicted under section 1037 of title 18 who—
(i) obtained electronic mail addresses through improper means, including—
(I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and
(II) randomly generating electronic mail addresses by computer; or
(ii) knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and
(B) those convicted of other offenses, including offenses involving fraud, identity theft, obscenity, child pornography, and the sexual exploitation of children, if such offenses involved the sending of large quantities of electronic mail.
(c) Sense of Congress
It is the sense of Congress that—
(1) Spam has become the method of choice for those who distribute pornography, perpetrate fraudulent schemes, and introduce viruses, worms, and Trojan horses into personal and business computer systems; and
(2) the Department of Justice should use all existing law enforcement tools to investigate and prosecute those who send bulk commercial e-mail to facilitate the commission of Federal crimes, including the tools contained in chapters 47 and 63 of title 18 (relating to fraud and false statements); chapter 71 of title 18 (relating to obscenity); chapter 110 of title 18 (relating to the sexual exploitation of children); and chapter 95 of title 18 (relating to racketeering), as appropriate.
(Pub. L. 108–187, § 4, Dec. 16, 2003, 117 Stat. 2703.)
heading: Codification
text: Section is comprised of section 4 of Pub. L. 108–187. Subsec. (a) of section 4 of Pub. L. 108–187 enacted section 1037 of Title 18, Crimes and Criminal Procedure, and amended analysis for chapter 47 of Title 18. The provisions of subsec. (b) of section 4 of Pub. L. 108–187 are also listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure.
15 U.S.C. § 7705 (COMMERCE AND TRADE)
§ 7705. Businesses knowingly promoted by electronic mail with false or misleading transmission information
(a) In general
It is unlawful for a person to promote, or allow the promotion of, that person’s trade or business, or goods, products, property, or services sold, offered for sale, leased or offered for lease, or otherwise made available through that trade or business, in a commercial electronic mail message the transmission of which is in violation of section 7704(a)(1) of this title if that person—
(1) knows, or should have known in the ordinary course of that person’s trade or business, that the goods, products, property, or services sold, offered for sale, leased or offered for lease, or otherwise made available through that trade or business were being promoted in such a message;
(2) received or expected to receive an economic benefit from such promotion; and
(3) took no reasonable action—
(A) to prevent the transmission; or
(B) to detect the transmission and report it to the Commission.
(b) Limited enforcement against third parties
(1) In general
Except as provided in paragraph (2), a person (hereinafter referred to as the “third party”) that provides goods, products, property, or services to another person that violates subsection (a) shall not be held liable for such violation.
(2) Exception
Liability for a violation of subsection (a) shall be imputed to a third party that provides goods, products, property, or services to another person that violates subsection (a) if that third party—
(A) owns, or has a greater than 50 percent ownership or economic interest in, the trade or business of the person that violated subsection (a); or
(B)
(i) has actual knowledge that goods, products, property, or services are promoted in a commercial electronic mail message the transmission of which is in violation of section 7704(a)(1) of this title; and
(ii) receives, or expects to receive, an economic benefit from such promotion.
(c) Exclusive enforcement by FTC
Subsections (f) and (g) of section 7706 of this title do not apply to violations of this section.
(d) Savings provision
Except as provided in section 7706(f)(8) of this title, nothing in this section may be construed to limit or prevent any action that may be taken under this chapter with respect to any violation of any other section of this chapter.
(Pub. L. 108–187, § 6, Dec. 16, 2003, 117 Stat. 2710.)
heading: References in Text
text: This chapter, referred to in subsec. (d), was in the original “this Act”, meaning Pub. L. 108–187, Dec. 16, 2003, 117 Stat. 2699, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of this title and Tables.
15 U.S.C. § 7707 (COMMERCE AND TRADE)
§ 7707. Effect on other laws
(a) Federal law
(1) Nothing in this chapter shall be construed to impair the enforcement of section 223 or 231 of title 47, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal statute.
(2) Nothing in this chapter shall be construed to affect in any way the Commission’s authority to bring enforcement actions under FTC Act for materially false or deceptive representations or unfair practices in commercial electronic mail messages.
(b) State law
(1) In general
This chapter supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the use of electronic mail to send commercial messages, except to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto.
(2) State law not specific to electronic mail
This chapter shall not be construed to preempt the applicability of—
(A) State laws that are not specific to electronic mail, including State trespass, contract, or tort law; or
(B) other State laws to the extent that those laws relate to acts of fraud or computer crime.
(c) No effect on policies of providers of Internet access service
Nothing in this chapter shall be construed to have any effect on the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages.
(Pub. L. 108–187, § 8, Dec. 16, 2003, 117 Stat. 2716.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 108–187, Dec. 16, 2003, 117 Stat. 2699, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of this title and Tables.
15 U.S.C. § 7708 (COMMERCE AND TRADE)
§ 7708. Do-Not-E-Mail registry
(a) In general
Not later than 6 months after December 16, 2003, the Commission shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce a report that—
(1) sets forth a plan and timetable for establishing a nationwide marketing Do-Not-E-Mail registry;
(2) includes an explanation of any practical, technical, security, privacy, enforceability, or other concerns that the Commission has regarding such a registry; and
(3) includes an explanation of how the registry would be applied with respect to children with e-mail accounts.
(b) Authorization to implement
The Commission may establish and implement the plan, but not earlier than 9 months after December 16, 2003.
(Pub. L. 108–187, § 9, Dec. 16, 2003, 117 Stat. 2716.)
15 U.S.C. § 7709 (COMMERCE AND TRADE)
§ 7709. Study of effects of commercial electronic mail
(a) In general
Not later than 24 months after December 16, 2003, the Commission, in consultation with the Department of Justice and other appropriate agencies, shall submit a report to the Congress that provides a detailed analysis of the effectiveness and enforcement of the provisions of this chapter and the need (if any) for the Congress to modify such provisions.
(b) Required analysis
The Commission shall include in the report required by subsection (a)—
(1) an analysis of the extent to which technological and marketplace developments, including changes in the nature of the devices through which consumers access their electronic mail messages, may affect the practicality and effectiveness of the provisions of this chapter;
(2) analysis and recommendations concerning how to address commercial electronic mail that originates in or is transmitted through or to facilities or computers in other nations, including initiatives or policy positions that the Federal Government could pursue through international negotiations, fora, organizations, or institutions; and
(3) analysis and recommendations concerning options for protecting consumers, including children, from the receipt and viewing of commercial electronic mail that is obscene or pornographic.
(Pub. L. 108–187, § 10, Dec. 16, 2003, 117 Stat. 2716.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b)(1), was in the original “this Act”, meaning Pub. L. 108–187, Dec. 16, 2003, 117 Stat. 2699, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of this title and Tables.