dreamproit/uscode huggingface dataset:
15 U.S.C. § 4302 (COMMERCE AND TRADE)
§ 4302. Rule of reason standard
In any action under the antitrust laws, or under any State law similar to the antitrust laws, the conduct of—
(1) any person in making or performing a contract to carry out a joint venture, or
(2) a standards development organization while engaged in a standards development activity,
shall not be deemed illegal per se; such conduct shall be judged on the basis of its reasonableness, taking into account all relevant factors affecting competition, including, but not limited to, effects on competition in properly defined, relevant research, development, product, process, and service markets. For the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered to the extent that it may be appropriate in the circumstances.
(Pub. L. 98–462, § 3, Oct. 11, 1984, 98 Stat. 1816; Pub. L. 103–42, § 3(d), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 104, June 22, 2004, 118 Stat. 663.)
heading: Amendments
text: 2004—Pub. L. 108–237 substituted “of—
“(1) any person in making or performing a contract to carry out a joint venture, or
“(2) a standards development organization while engaged in a standards development activity,
shall” for “of any person in making or performing a contract to carry out a joint venture shall”.
1993—Pub. L. 103–42 substituted “joint venture” for “joint research and development venture” and “, development, product, process, and service” for “and development” and inserted at end “For the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered to the extent that it may be appropriate in the circumstances.”
15 U.S.C. § 4304 (COMMERCE AND TRADE)
§ 4304. Award of costs, including attorney’s fees, to substantially prevailing party; offset
(a) Notwithstanding sections 15 and 26 of this title, in any claim under the antitrust laws, or any State law similar to the antitrust laws, based on the conducting of a joint venture, or of a standards development activity engaged in by a standards development organization, the court shall, at the conclusion of the action—
(1) award to a substantially prevailing claimant the cost of suit attributable to such claim, including a reasonable attorney’s fee, or
(2) award to a substantially prevailing party defending against any such claim the cost of suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith.
(b) The award made under subsection (a) of this section may be offset in whole or in part by an award in favor of any other party for any part of the cost of suit, including a reasonable attorney’s fee, attributable to conduct during the litigation by any prevailing party that the court finds to be frivolous, unreasonable, without foundation, or in bad faith.
(c) Subsections (a) and (b) of this section shall not apply with respect to any person who—
(1) directly participates in a standards development activity with respect to which a violation of any of the antitrust laws is found,
(2) is not a fulltime employee of a standards development organization that engaged in such activity, and
(3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.
(Pub. L. 98–462, § 5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 103–42, § 3(e)(2), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 106, June 22, 2004, 118 Stat. 664.)
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–237, § 106(1), inserted “, or of a standards development activity engaged in by a standards development organization” after “joint venture” in introductory provisions.
Subsec. (c). Pub. L. 108–237, § 106(2), added subsec. (c).
1993—Subsec. (a). Pub. L. 103–42 substituted “joint venture” for “joint research and development venture” in introductory provisions.
15 U.S.C. § 4306 (COMMERCE AND TRADE)
§ 4306. Application of section 4303 protections to production of products, processes, and services
Notwithstanding sections 4303 and 4305 of this title, the protections of section 4303 of this title shall not apply with respect to a joint venture’s production of a product, process, or service, as referred to in section 4301(a)(6)(D) of this title, unless—
(1) the principal facilities for such production are located in the United States or its territories, and
(2) each person who controls any party to such venture (including such party itself) is a United States person, or a foreign person from a country whose law accords antitrust treatment no less favorable to United States persons than to such country’s domestic persons with respect to participation in joint ventures for production.
(Pub. L. 98–462, § 7, as added Pub. L. 103–42, § 3(g), June 10, 1993, 107 Stat. 119.)
15 U.S.C. § 4401 (COMMERCE AND TRADE)
§ 4401. Public education
(a) Development
(1) The Secretary of Health and Human Services shall establish and carry out a program to inform the public of any dangers to human health resulting from the use of smokeless tobacco products. In carrying out such program the Secretary shall—
(A) develop educational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless tobacco;
(B) make such programs, materials, and announcements available to States, local governments, school systems, the media, and such other entities as the Secretary determines appropriate to further the purposes of this chapter;
(C) conduct and support research on the effect of smokeless tobacco on human health; and
(D) collect, analyze, and disseminate information and studies on smokeless tobacco and health.
(2) In developing programs, materials, and announcements under paragraph (1) the Secretary shall consult with the Secretary of Education, medical and public health entities, consumer groups, representatives of manufacturers of smokeless tobacco products, and other appropriate entities.
(b) Assistance
The Secretary of Health and Human Services may provide technical assistance and may make grants to States—
(1) to assist in the development of educational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless tobacco,
(2) to assist in the distribution of such programs, materials, and announcements throughout the States, and
(3) to establish 18 as the minimum age for the purchase of smokeless tobacco.
(Pub. L. 99–252, § 2, Feb. 27, 1986, 100 Stat. 30.)
heading: Effective Date
text: Pub. L. 99–252, § 11, Feb. 27, 1986, 100 Stat. 35, provided that:
“(a) In General.—
Except as provided in sections 3(f) and 5(b) [sections 4402(f) and 4404(b) of this title] and subsection (b), this Act [enacting this chapter and amending section 342 of Title 21, Food and Drugs] shall take effect one year after the date of enactment of this Act [Feb. 27, 1986].
“(b) Exception.—
Sections 2, 3(b), 3(c), 3(d), 3(e), 4(b), 7, 8, 9 [sections 4401, 4402(b) to (e), 4403(b), and 4406 to 4408 of this title], and 10 [amending section 342 of Title 21] shall take effect on the date of the enactment of this Act [Feb. 27, 1986].”
heading: Short Title
text: Pub. L. 99–252, § 1, Feb. 27, 1986, 100 Stat. 30, provided that: “This Act [enacting this chapter and amending section 342 of Title 21, Food and Drugs] may be cited as the ‘Comprehensive Smokeless Tobacco Health Education Act of 1986’.”
15 U.S.C. § 4404 (COMMERCE AND TRADE)
§ 4404. Enforcement, regulations, and construction
(a) Enforcement
(1) A violation of section 4402 of this title or the regulations promulgated pursuant to this chapter shall be considered a violation of section 45 of this title.
(2) Any person who is found to violate any provision of section 4402 or 4403(a) of this title shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000.
(b) Regulations under section 4402 of this title
(1) Regulations issued by the Federal Trade Commission under section 4402 of this title shall be issued in accordance with section 553 of title 5.
(2) Not later than 180 days after February 27, 1986, the Federal Trade Commission shall promulgate such regulations as it may require to implement section 4402 of this title.
(c) Construction
Nothing in this chapter (other than the requirements of sections 4402 and 4403 of this title) shall be construed to limit, restrict, or expand the authority of the Federal Trade Commission with respect to unfair or deceptive acts or practices in the advertising of smokeless tobacco products.
(Pub. L. 99–252, § 5, Feb. 27, 1986, 100 Stat. 33.)
heading: Effective Date
text: Subsecs. (a) and (c) effective one year after Feb. 27, 1986, see section 11(a) of Pub. L. 99–252, set out as a note under section 4401 of this title.
15 U.S.C. § 4405 (COMMERCE AND TRADE)
§ 4405. Injunctions
The several district courts of the United States are vested with jurisdiction, for cause shown, to prevent and restrain violations of sections 4402 and 4403 of this title upon application of the Federal Trade Commission in the case of a violation of section 4402 of this title or upon application of the Attorney General of the United States acting through the several United States attorneys in their several districts in the case of a violation of section 4402 or 4403 of this title.
(Pub. L. 99–252, § 6, Feb. 27, 1986, 100 Stat. 33.)
heading: Effective Date
text: Section effective one year after Feb. 27, 1986, see section 11(a) of Pub. L. 99–252, set out as a note under section 4401 of this title.
15 U.S.C. § 4406 (COMMERCE AND TRADE)
§ 4406. Preemption
(a) Federal action
Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no statement relating to the use of smokeless tobacco products and health, other than the statements required by section 4402 of this title, shall be required by any Federal agency to appear on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product.
(b) State and local action
No statement relating to the use of smokeless tobacco products and health, other than the statements required by section 4402 of this title, shall be required by any State or local statute or regulation to be included on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product.
(c) Effect on liability law
Nothing in this chapter shall relieve any person from liability at common law or under State statutory law to any other person.
(Pub. L. 99–252, § 7, Feb. 27, 1986, 100 Stat. 34; Pub. L. 111–31, div. A, title II, § 205(b), June 22, 2009, 123 Stat. 1849.)
heading: References in Text
text: The Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (a), is div. A of Pub. L. 111–31, June 22, 2009, 123 Stat. 1776. For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under section 301 of Title 21, Food and Drugs, and Tables.
heading: Amendments
text: 2009—Subsec. (a). Pub. L. 111–31 substituted “Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no” for “No”.
15 U.S.C. § 4407 (COMMERCE AND TRADE)
§ 4407. Omitted
heading: Codification
text: Section, Pub. L. 99–252, § 8, Feb. 27, 1986, 100 Stat. 34, which required the Secretary of Health and Human Services and the Federal Trade Commission to transmit biennial reports to Congress on smokeless tobacco products, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, pages 95 and 173 of House Document No. 103–7.
15 U.S.C. § 4408 (COMMERCE AND TRADE)
§ 4408. Definitions
For purposes of this chapter:
(1) The term “smokeless tobacco” has the meaning given such term by section 387(18) of title 21.
(2) The term “commerce” means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island.
(3) The term “United States”, when used in a geographical sense, includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and installations of the Armed Forces.
(4) The term “package” means a pack, box, carton, pouch, or container of any kind in which smokeless tobacco products are offered for sale, sold, or otherwise distributed to consumers.
(5) The term “sale or distribution” includes sampling or any other distribution not for sale.
(6) The term “Secretary” means the Secretary of Health and Human Services.
(Pub. L. 99–252, § 9, Feb. 27, 1986, 100 Stat. 34; Pub. L. 111–31, div. A, title I, § 101(c), June 22, 2009, 123 Stat. 1830.)
heading: Amendments
text: 2009—Par. (1). Pub. L. 111–31 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘smokeless tobacco’ means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.”
15 U.S.C. § 4502 (COMMERCE AND TRADE)
§ 4502. Identification and disbursement of restitutionary amounts
(a) In general
(1) Subject to paragraph (2)—
(A) all rulings, policies, or other statements (including any administrative order or settlement agreement) issued after October 21, 1986, by any office, official, or employee of the Department of Energy; and
(B) all orders, including declaratory judgments, issued by any court after October 21, 1986,
shall be consistent with the provisions of this chapter.
(2) Nothing in this section shall affect the settlement approved on July 7, 1986, in In Re: the Department of Energy Stripper Well Exemption Litigation, M.D.L. No. 378, in the United States District Court for the District of Kansas.
(b) to (d) Repealed. Pub. L. 99–509, title III, § 3003(e), as added Pub. L. 105–277, div. A, § 101(e) [title III, § 337], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295
(e) Repeal of subsections (b) to (d); equitable distribution of escrow remainder to claimants
Subsections (b), (c), and (d) of this section are repealed, and any rights that may have arisen are extinguished, on the date of the enactment of the Department of the Interior and Related Agencies Appropriations Act, 1999. After that date, the amount available for direct restitution to current and future refined petroleum product claimants under this chapter is reduced by the amounts specified in title II of that Act as being derived from amounts held in escrow under section 4501(d) of this title. The Secretary shall assure that the amount remaining in escrow to satisfy refined petroleum product claims for direct restitution is allocated equitably among the claimants.
(Pub. L. 99–509, title III, § 3003, Oct. 21, 1986, 100 Stat. 1882; Pub. L. 105–277, div. A, § 101(e) [title III, § 337], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295.)
heading: References in Text
text: The Department of the Interior and Related Agencies Appropriations Act, 1999, referred to in subsec. (e), is section 101(e) of div. A of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–231. Provisions of title II of the Act relating to amounts held in escrow under section 4501(d) of this title (112 Stat. 2681–276) are not classified to the Code. For complete classification of this Act to the Code, see Tables.
This chapter, referred to in subsec. (e), was in the original “this Act”, which was translated as meaning this subtitle, which enacted this chapter, to reflect the probable intent of Congress.
heading: Amendments
text: 1998—Subsecs. (b) to (e). Pub. L. 105–277 added subsec. (e) which struck out subsec. (b) relating to disbursement of restitutionary amounts as direct restitution to injured persons, subsec. (c) relating to determination of excess amount to be used for indirect restitution, and subsec. (d) relating to disbursement of excess amount as indirect restitution for energy conservation programs.
15 U.S.C. § 4503 (COMMERCE AND TRADE)
§ 4503. Deposit of remainder of excess amount into Treasury as indirect restitution
The amount that remains from the excess amount described in section 4502(c) 1 of this title after all disbursements have been made for a fiscal year under section 4502(d) 1 of this title shall be deposited by the Secretary of the Treasury into the general fund of the Treasury.
(Pub. L. 99–509, title III, § 3004, Oct. 21, 1986, 100 Stat. 1884.)
heading: References in Text
text: Section 4502(c) and (d) of this title, referred to in text, was repealed by section 4502(e) of this title.
15 U.S.C. § 4506 (COMMERCE AND TRADE)
§ 4506. Termination
(a) In general
(1) Except as provided in subsection (b) of this section, the provisions of this chapter (other than section 4504 of this title) shall terminate 90 days after the Secretary—
(A) determines that all of the restitutionary amounts to which section 4501(a) of this title applies have been collected and disbursed as provided in this chapter; and
(B) submits to Congress the final report required by section 4505 of this title.
(2) Such final report shall include the determination (and the justification thereof) described in paragraph (1)(A). Such report shall also be published in the Federal Register.
(b) Exception
The requirements of section 4502(d) 1 of this title shall continue to be applicable to the use of restitutionary amounts received under this chapter as long as such funds remain available.
(Pub. L. 99–509, title III, § 3007, Oct. 21, 1986, 100 Stat. 1887.)
heading: References in Text
text: Section 4502(d) of this title, referred to in subsec. (b), was repealed by section 4502(e) of this title.
15 U.S.C. § 4507 (COMMERCE AND TRADE)
§ 4507. Definitions
For purposes of this chapter:
(1) The term “Secretary” means the Secretary of Energy.
(2) The term “subpart V regulations” means the provisions of Subpart V—Special Procedures for Distribution of Refunds (10 CFR 205.280–205.288) and any amendment made after October 21, 1986, and all precedents and decisions under such regulations, but only to the extent that such provisions, precedents, decisions, and amendments are consistent with the provisions of this chapter.
(3) The term “energy conservation programs” means—
(A) the program under part A of the Energy Conservation and Existing Buildings Act of 1976 (42 U.S.C. 6861 and following);
(B) the programs under part D of title III of the Energy Policy and Conservation Act (relating to primary and supplemental State energy conservation programs; 42 U.S.C. 6321 and following);
(C) the program under part G of title III of the Energy Policy and Conservation Act (relating to energy conservation for schools and hospitals; 42 U.S.C. 6371 and following); and
(D) the program under the National Energy Extension Service Act (42 U.S.C. 7001 and following).
(4) The term “person” includes refiners, retailers, resellers, farmer cooperatives, transportation entities, public and private utilities, school districts, Federal, State, and local governmental entities, farmers, and other individuals and their successors.
(5) The term “State” means each of the several States, the District of Columbia, the commonwealth of Puerto Rico, and any territory or possession of the United States.
(Pub. L. 99–509, title III, § 3008, Oct. 21, 1986, 100 Stat. 1887.)
heading: References in Text
text: The Energy Conservation and Existing Buildings Act of 1976, referred to in par. (3)(A), probably means the Energy Conservation and Existing Buildings Act of 1976, which is title IV of Pub. L. 94–385, Aug. 14, 1976, 90 Stat. 1150, as amended. Part A of the Energy Conservation and Existing Buildings Act of 1976, is classified generally to part A (§ 6861 et seq.) of subchapter III of chapter 81 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 6801 of Title 42 and Tables.
The Energy Policy and Conservation Act, referred to in par. (3)(B), (C), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, as amended. Parts D and G of title III of the Energy Policy and Conservation Act are classified generally to parts B (§ 6321 et seq.) and E (§ 6371 et seq.), respectively, of subchapter III of chapter 77 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of Title 42 and Tables.
The National Energy Extension Service Act, referred to in par. (3)(D), is title V of Pub. L. 95–39, June 3, 1977, 91 Stat. 191, as amended, which was classified principally to chapter 83 (§ 7001 et seq.) of Title 42 and was repealed by Pub. L. 102–486, title I, § 143(a), Oct. 24, 1992, 106 Stat. 2843. For complete classification of this Act to the Code, see Short Title note set out under section 7001 of Title 42 and Tables.
15 U.S.C. § 4601 (COMMERCE AND TRADE)
§ 4601. Findings, purposes, and definitions
(a) Findings
The Congress finds that it is in the national economic and security interests of the United States for the Department of Defense to provide financial assistance to the industry consortium known as Sematech for research and development activities in the field of semiconductor manufacturing technology.
(b) Purposes
The purposes of this subchapter are—
(1) to encourage the semiconductor industry in the United States—
(A) to conduct research on advanced semiconductor manufacturing techniques; and
(B) to develop techniques to use manufacturing expertise for the manufacture of a variety of semiconductor products; and
(2) in order to achieve the purpose set out in paragraph (1), to provide a grant program for the financial support of semiconductor research activities conducted by Sematech.
(c) Definitions
In this subchapter:
(1) The terms “Semiconductor Technology Council” and “Council” mean the advisory council established by section 4603 of this title.
(2) The term “Sematech” means a consortium of firms in the United States semiconductor industry established for the purposes of (A) conducting research concerning advanced semiconductor manufacturing techniques, and (B) developing techniques to adapt manufacturing expertise to a variety of semiconductor products.
(Pub. L. 100–180, div. A, title II, § 271, Dec. 4, 1987, 101 Stat. 1068; Pub. L. 103–160, div. A, title II, § 263(c)(1), Nov. 30, 1993, 107 Stat. 1610.)
heading: Amendments
text: 1993—Subsec. (c)(1). Pub. L. 103–160 substituted “Semiconductor Technology Council” for “Advisory Council on Federal Participation in Sematech”.