dreamproit/uscode huggingface dataset:
15 U.S.C. § 6408 (COMMERCE AND TRADE)
§ 6408. Market survey and consumer protection
(a) Price analysis
Beginning 2 years after establishment of the Council and annually thereafter, the Secretary of Commerce, using only data provided by the Energy Information Administration and other public sources, shall prepare and make available to the Council, the Secretary of Energy, and the public an analysis of changes in the price of propane relative to other energy sources. The propane price analysis shall compare indexed changes in the price of consumer grade propane to a composite of indexed changes in the price of residential electricity, residential natural gas, and refiner price to end users of No. 2 fuel oil on an annual national average basis. For purposes of indexing changes in consumer grade propane, residential electricity, residential natural gas, and end user No. 2 fuel oil prices, the Secretary of Commerce shall use a 5-year rolling average price beginning with the year 4 years prior to the establishment of the Council.
(b) Authority to restrict activities
If in any year the 5-year average rolling price index of consumer grade propane exceeds the 5-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of No. 2 fuel oil in an amount greater than 10.1 percent, the activities of the Council shall be restricted to research and development, training, and safety matters. The Council shall inform the Secretary of Energy and the Congress of any restriction of activities under this subsection. Upon expiration of 180 days after the beginning of any such restriction of activities, the Secretary of Commerce shall again conduct the propane price analysis described in subsection (a) of this section. Activities of the Council shall continue to be restricted under this subsection until the price index excess is 10.1 percent or less.
(Pub. L. 104–284, § 9, Oct. 11, 1996, 110 Stat. 3375.)
15 U.S.C. § 6409 (COMMERCE AND TRADE)
§ 6409. Pricing
In all cases, the price of propane shall be determined by market forces. Consistent with the antitrust laws, the Council may take no action, nor may any provision of this chapter be interpreted as establishing an agreement to pass along to consumers the cost of the assessment provided for in section 6405 of this title.
(Pub. L. 104–284, § 10, Oct. 11, 1996, 110 Stat. 3375.)
15 U.S.C. § 6410 (COMMERCE AND TRADE)
§ 6410. Relation to other programs
Nothing in this chapter may be construed to preempt or supersede any other program relating to propane education and research organized and operated under the laws of the United States or any State.
(Pub. L. 104–284, § 11, Oct. 11, 1996, 110 Stat. 3375.)
15 U.S.C. § 6411 (COMMERCE AND TRADE)
§ 6411. Reports
Within 2 years after October 11, 1996, and at least once every 2 years thereafter, the Secretary of Commerce shall prepare and submit to the Congress and the Secretary a report examining whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users of propane. The Secretary of Commerce shall consider and, to the extent practicable, shall include in the report submissions by propane consumers, and shall consider whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs, and whether there have been changes in the proportion of propane demand attributable to various market segments. To the extent that the report demonstrates that there has been an adverse effect, the Secretary of Commerce shall include recommendations for correcting the situation. Upon petition by affected parties or upon request by the Secretary of Energy, the Secretary of Commerce may prepare and submit the report required by this section at less than 2-year intervals.
(Pub. L. 104–284, § 12, Oct. 11, 1996, 110 Stat. 3375.)
15 U.S.C. § 6503 (COMMERCE AND TRADE)
§ 6503. Safe harbors
(a) Guidelines
An operator may satisfy the requirements of regulations issued under section 6502(b) of this title by following a set of self-regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons, approved under subsection (b) of this section.
(b) Incentives
(1) Self-regulatory incentives
In prescribing regulations under section 6502 of this title, the Commission shall provide incentives for self-regulation by operators to implement the protections afforded children under the regulatory requirements described in subsection (b) of that section.
(2) Deemed compliance
Such incentives shall include provisions for ensuring that a person will be deemed to be in compliance with the requirements of the regulations under section 6502 of this title if that person complies with guidelines that, after notice and comment, are approved by the Commission upon making a determination that the guidelines meet the requirements of the regulations issued under section 6502 of this title.
(3) Expedited response to requests
The Commission shall act upon requests for safe harbor treatment within 180 days of the filing of the request, and shall set forth in writing its conclusions with regard to such requests.
(c) Appeals
Final action by the Commission on a request for approval of guidelines, or the failure to act within 180 days on a request for approval of guidelines, submitted under subsection (b) of this section may be appealed to a district court of the United States of appropriate jurisdiction as provided for in section 706 of title 5.
(Pub. L. 105–277, div. C, title XIII, § 1304, Oct. 21, 1998, 112 Stat. 2681–732.)
15 U.S.C. § 6506 (COMMERCE AND TRADE)
§ 6506. Review
Not later than 5 years after the effective date of the regulations initially issued under section 6502 of this title, the Commission shall—
(1) review the implementation of this chapter, including the effect of the implementation of this chapter on practices relating to the collection and disclosure of information relating to children, children’s ability to obtain access to information of their choice online, and on the availability of websites directed to children; and
(2) prepare and submit to Congress a report on the results of the review under paragraph (1).
(Pub. L. 105–277, div. C, title XIII, § 1307, Oct. 21, 1998, 112 Stat. 2681–735.)
15 U.S.C. § 6551 (COMMERCE AND TRADE)
§ 6551. Internet safety
For the purposes of this chapter, the issue of Internet safety includes issues regarding the use of the Internet in a manner that promotes safe online activity for children, protects children from cybercrimes, including crimes by online predators, and helps parents shield their children from material that is inappropriate for minors.
(Pub. L. 110–385, title II, § 211, Oct. 10, 2008, 122 Stat. 4102.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 110–385, Oct. 10, 2008, 122 Stat. 4102, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note below and Tables.
heading: Short Title
text: Pub. L. 110–385, title II, § 201(a), Oct. 10, 2008, 122 Stat. 4102, provided that: “This title [enacting this chapter and amending sections 254 and 503 of Title 47, Telecommunications] may be cited as the ‘Protecting Children in the 21st Century Act’.”
15 U.S.C. § 6552 (COMMERCE AND TRADE)
§ 6552. Public awareness campaign
The Federal Trade Commission shall carry out a nationwide program to increase public awareness and provide education regarding strategies to promote the safe use of the Internet by children. The program shall utilize existing resources and efforts of the Federal Government, State and local governments, nonprofit organizations, private technology and financial companies, Internet service providers, World Wide Web-based resources, and other appropriate entities, that includes—
(1) identifying, promoting, and encouraging best practices for Internet safety;
(2) establishing and carrying out a national outreach and education campaign regarding Internet safety utilizing various media and Internet-based resources;
(3) facilitating access to, and the exchange of, information regarding Internet safety to promote up-to-date knowledge regarding current issues; and
(4) facilitating access to Internet safety education and public awareness efforts the Commission considers appropriate by States, units of local government, schools, police departments, nonprofit organizations, and other appropriate entities.
(Pub. L. 110–385, title II, § 212, Oct. 10, 2008, 122 Stat. 4103.)
15 U.S.C. § 6553 (COMMERCE AND TRADE)
§ 6553. Annual reports
The Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives not later than March 31 of each year that describes the activities carried out under section 6552 1 of this title by the Commission during the preceding calendar year.
(Pub. L. 110–385, title II, § 213, Oct. 10, 2008, 122 Stat. 4103.)
heading: References in Text
text: Section 6552 of this title, referred to in text, was in the original “section 103” and was translated as reading “section 212”, meaning section 212 of Pub. L. 110–385, to reflect the probable intent of Congress. See sections 102 and 103 of S. 1965 (110th Cong., 2d Sess.) as passed by the Senate on May 22, 2008.
15 U.S.C. § 6554 (COMMERCE AND TRADE)
§ 6554. Online Safety and Technology working group
(a) Establishment
Within 90 days after October 10, 2008, the Assistant Secretary of Commerce for Communications and Information shall establish an Online Safety and Technology working group comprised of representatives of relevant sectors of the business community, public interest groups, and other appropriate groups and Federal agencies to review and evaluate—
(1) the status of industry efforts to promote online safety through educational efforts, parental control technology, blocking and filtering software, age-appropriate labels for content or other technologies or initiatives designed to promote a safe online environment for children;
(2) the status of industry efforts to promote online safety among providers of electronic communications services and remote computing services by reporting apparent child pornography under section 13032 1 of title 42, including any obstacles to such reporting;
(3) the practices of electronic communications service providers and remote computing service providers related to record retention in connection with crimes against children; and
(4) the development of technologies to help parents shield their children from inappropriate material on the Internet.
(b) Report
Within 1 year after the working group is first convened, it shall submit a report to the Assistant Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives that—
(1) describes in detail its findings, including any information related to the effectiveness of such strategies and technologies and any information about the prevalence within industry of educational campaigns, parental control technologies, blocking and filtering software, labeling, or other technologies to assist parents; and
(2) includes recommendations as to what types of incentives could be used or developed to increase the effectiveness and implementation of such strategies and technologies.
(c) FACA not to apply to working group
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group.
(Pub. L. 110–385, title II, § 214, Oct. 10, 2008, 122 Stat. 4103.)
heading: References in Text
text: Section 13032 of title 42, referred to in the original in subsec. (a)(2), probably should have been a reference to section 227 of Pub. L. 101–647, which was classified to section 13032 of title 42, prior to repeal by Pub. L. 110–401, title V, § 501(b)(1), Oct. 13, 2008, 122 Stat. 4251.
The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
15 U.S.C. § 6555 (COMMERCE AND TRADE)
§ 6555. Definitions
In this chapter:
(1) Commission
The term “Commission” means the Federal Trade Commission.
(2) Internet
The term “Internet” means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor successor 1 protocols to such protocol, to communicate information of all kinds by wire or radio.
(Pub. L. 110–385, title II, § 216, Oct. 10, 2008, 122 Stat. 4104.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 110–385, Oct. 10, 2008, 122 Stat. 4102, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 6551 of this title and Tables.
15 U.S.C. § 6604 (COMMERCE AND TRADE)
§ 6604. Punitive damages limitations
(a) In general
In any Y2K action in which punitive damages are permitted by applicable law, the defendant shall not be liable for punitive damages unless the plaintiff proves by clear and convincing evidence that the applicable standard for awarding damages has been met.
(b) Caps on punitive damages
(1) In general
Subject to the evidentiary standard established by subsection (a) of this section, punitive damages permitted under applicable law against a defendant described in paragraph (2) in a Y2K action may not exceed the lesser of—
(A) three times the amount awarded for compensatory damages; or
(B) $250,000.
(2) Defendant described
A defendant described in this paragraph is a defendant—
(A) who—
(i) is sued in his or her capacity as an individual; and
(ii) whose net worth does not exceed $500,000; or
(B) that is an unincorporated business, a partnership, corporation, association, or organization, with fewer than 50 full-time employees.
(3) No cap if injury specifically intended
Paragraph (1) does not apply if the plaintiff establishes by clear and convincing evidence that the defendant acted with specific intent to injure the plaintiff.
(c) Government entities
Punitive damages in a Y2K action may not be awarded against a government entity.
(d) Institutions of higher education
(1) In general
Subject to paragraph (2), punitive damages in a Y2K action may not be awarded against an instituion 1 of higher education as defined in section 1001(a) of title 20.
(2) Exception
Paragraph (1) shall not apply to an institution of higher education if the Y2K failure in the Y2K action occurred in a computer-based student financial aid system of that institution of higher education, and the institution—
(A) has passed Y2K data exchange testing with the Department of Education; or
(B) is not or was not in the process of performing data exchange testing with the Department of Education at the time the Department terminates such testing.
(Pub. L. 106–37, § 5, July 20, 1999, 113 Stat. 192; Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 311], Nov. 29, 1999, 113 Stat. 1535, 1501A–265.)
heading: Amendments
text: 1999—Subsec. (d). Pub. L. 106–113 added subsec. (d).
15 U.S.C. § 6607 (COMMERCE AND TRADE)
§ 6607. Pleading requirements
(a) Application with rules of civil procedure
This section applies exclusively to Y2K actions and, except to the extent that this section requires additional information to be contained in or attached to pleadings, nothing in this section is intended to amend or otherwise supersede applicable rules of Federal or State civil procedure.
(b) Nature and amount of damages
In all Y2K actions in which damages are requested, there shall be filed with the complaint a statement of specific information as to the nature and amount of each element of damages and the factual basis for the damages calculation.
(c) Material defects
In any Y2K action in which the plaintiff alleges that there is a material defect in a product or service, there shall be filed with the complaint a statement of specific information regarding the manifestations of the material defects and the facts supporting a conclusion that the defects are material.
(d) Required state of mind
In any Y2K action in which a claim is asserted on which the plaintiff may prevail only on proof that the defendant acted with a particular state of mind, there shall be filed with the complaint, with respect to each element of that claim, a statement of the facts giving rise to a strong inference that the defendant acted with the required state of mind.
(Pub. L. 106–37, § 8, July 20, 1999, 113 Stat. 198.)
heading: References in Text
text: Rules of Federal civil procedure, referred to in subsec. (a), are contained in the Federal Rules of Civil Procedure which are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
15 U.S.C. § 6608 (COMMERCE AND TRADE)
§ 6608. Duty to mitigate
(a) In general
Damages awarded in any Y2K action shall exclude compensation for damages the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably should have been, aware, including information made available by the defendant to purchasers or users of the defendant’s product or services concerning means of remedying or avoiding the Y2K failure involved in the action.
(b) Preservation of existing law
The duty imposed by this section is in addition to any duty to mitigate imposed by State law.
(c) Exception for intentional fraud
Subsection (a) of this section does not apply to damages suffered by reason of the plaintiff’s justifiable reliance upon an affirmative material misrepresentation by the defendant, made by the defendant with actual knowledge of its falsity, concerning the potential for Y2K failure of the device or system used or sold by the defendant that experienced the Y2K failure alleged to have caused the plaintiff’s harm.
(Pub. L. 106–37, § 9, July 20, 1999, 113 Stat. 198.)
15 U.S.C. § 6609 (COMMERCE AND TRADE)
§ 6609. Application of existing impossibility or commercial impracticability doctrines
In any Y2K action for breach or repudiation of contract, the applicability of the doctrines of impossibility and commercial impracticability shall be determined by the law in existence on January 1, 1999. Nothing in this chapter shall be construed as limiting or impairing a party’s right to assert defenses based upon such doctrines.
(Pub. L. 106–37, § 10, July 20, 1999, 113 Stat. 199.)
15 U.S.C. § 6610 (COMMERCE AND TRADE)
§ 6610. Damages limitation by contract
In any Y2K action for breach or repudiation of contract, no party may claim, or be awarded, any category of damages unless such damages are allowed—
(1) by the express terms of the contract; or
(2) if the contract is silent on such damages, by operation of State law at the time the contract was effective or by operation of Federal law.
(Pub. L. 106–37, § 11, July 20, 1999, 113 Stat. 199.)
15 U.S.C. § 6611 (COMMERCE AND TRADE)
§ 6611. Damages in tort claims
(a) In general
A party to a Y2K action making a tort claim, other than a claim of intentional tort arising independent of a contract, may not recover damages for economic loss unless—
(1) the recovery of such losses is provided for in a contract to which the party seeking to recover such losses is a party; or
(2) such losses result directly from damage to tangible personal or real property caused by the Y2K failure involved in the action (other than damage to property that is the subject of the contract between the parties to the Y2K action or, in the event there is no contract between the parties, other than damage caused only to the property that experienced the Y2K failure),
and such damages are permitted under applicable Federal or State law.
(b) Economic loss
For purposes of this section only, and except as otherwise specifically provided in a valid and enforceable written contract between the plaintiff and the defendant in a Y2K action, the term “economic loss” means amounts awarded to compensate an injured party for any loss, and includes amounts awarded for damages such as—
(1) lost profits or sales;
(2) business interruption;
(3) losses indirectly suffered as a result of the defendant’s wrongful act or omission;
(4) losses that arise because of the claims of third parties;
(5) losses that must be pled as special damages; and
(6) consequential damages (as defined in the Uniform Commercial Code or analogous State commercial law).
(c) Certain other actions
A person liable for damages, whether by settlement or judgment, in a civil action to which this chapter does not apply because of section 6603(c) of this title whose liability, in whole or in part, is the result of a Y2K failure may, notwithstanding any other provision of this chapter, pursue any remedy otherwise available under Federal or State law against the person responsible for that Y2K failure to the extent of recovering the amount of those damages.
(Pub. L. 106–37, § 12, July 20, 1999, 113 Stat. 199.)
15 U.S.C. § 6613 (COMMERCE AND TRADE)
§ 6613. Appointment of special masters or magistrate judges for Y2K actions
Any district court of the United States in which a Y2K action is pending may appoint a special master or a magistrate judge to hear the matter and to make findings of fact and conclusions of law in accordance with Rule 53 of the Federal Rules of Civil Procedure.
(Pub. L. 106–37, § 14, July 20, 1999, 113 Stat. 201.)
heading: References in Text
text: Rule 53 of the Federal Rules of Civil Procedure, referred to in text, is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
15 U.S.C. § 6615 (COMMERCE AND TRADE)
§ 6615. Applicability of State law
Nothing in this chapter shall be construed to affect the applicability of any State law that provides stricter limits on damages and liabilities, affording greater protection to defendants in Y2K actions, than are provided in this chapter.
(Pub. L. 106–37, § 16, July 20, 1999, 113 Stat. 202.)
15 U.S.C. § 6616 (COMMERCE AND TRADE)
§ 6616. Admissible evidence ultimate issue in State courts
Any party to a Y2K action in a State court in a State that has not adopted a rule of evidence substantially similar to Rule 704 of the Federal Rules of Evidence may introduce in such action evidence that would be admissible if Rule 704 applied in that jurisdiction.
(Pub. L. 106–37, § 17, July 20, 1999, 113 Stat. 202.)
heading: References in Text
text: Rule 704 of the Federal Rules of Evidence, referred to in text, is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
15 U.S.C. § 6711 (COMMERCE AND TRADE)
§ 6711. Functional regulation of insurance
The insurance activities of any person (including a national bank exercising its power to act as agent under section 92 of title 12) shall be functionally regulated by the States, subject to section 6701 of this title.
(Pub. L. 106–102, title III, § 301, Nov. 12, 1999, 113 Stat. 1407.)