dreamproit/uscode huggingface dataset:
15 U.S.C. § 7003 (COMMERCE AND TRADE)
§ 7003. Specific exceptions
(a) Excepted requirements
The provisions of section 7001 of this title shall not apply to a contract or other record to the extent it is governed by—
(1) a statute, regulation, or other rule of law governing the creation and execution of wills, codicils, or testamentary trusts;
(2) a State statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law; or
(3) the Uniform Commercial Code, as in effect in any State, other than sections 1–107 and 1–206 and Articles 2 and 2A.
(b) Additional exceptions
The provisions of section 7001 of this title shall not apply to—
(1) court orders or notices, or official court documents (including briefs, pleadings, and other writings) required to be executed in connection with court proceedings;
(2) any notice of—
(A) the cancellation or termination of utility services (including water, heat, and power);
(B) default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;
(C) the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); or
(D) recall of a product, or material failure of a product, that risks endangering health or safety; or
(3) any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
(c) Review of exceptions
(1) Evaluation required
The Secretary of Commerce, acting through the Assistant Secretary for Communications and Information, shall review the operation of the exceptions in subsections (a) and (b) of this section to evaluate, over a period of 3 years, whether such exceptions continue to be necessary for the protection of consumers. Within 3 years after June 30, 2000, the Assistant Secretary shall submit a report to the Congress on the results of such evaluation.
(2) Determinations
If a Federal regulatory agency, with respect to matter within its jurisdiction, determines after notice and an opportunity for public comment, and publishes a finding, that one or more such exceptions are no longer necessary for the protection of consumers and eliminating such exceptions will not increase the material risk of harm to consumers, such agency may extend the application of section 7001 of this title to the exceptions identified in such finding.
(Pub. L. 106–229, title I, § 103, June 30, 2000, 114 Stat. 468.)
15 U.S.C. § 7005 (COMMERCE AND TRADE)
§ 7005. Studies
(a) Delivery
Within 12 months after June 30, 2000, the Secretary of Commerce shall conduct an inquiry regarding the effectiveness of the delivery of electronic records to consumers using electronic mail as compared with delivery of written records via the United States Postal Service and private express mail services. The Secretary shall submit a report to the Congress regarding the results of such inquiry by the conclusion of such 12-month period.
(b) Study of electronic consent
Within 12 months after June 30, 2000, the Secretary of Commerce and the Federal Trade Commission shall submit a report to the Congress evaluating any benefits provided to consumers by the procedure required by section 7001(c)(1)(C)(ii) of this title; any burdens imposed on electronic commerce by that provision; whether the benefits outweigh the burdens; whether the absence of the procedure required by section 7001(c)(1)(C)(ii) of this title would increase the incidence of fraud directed against consumers; and suggesting any revisions to the provision deemed appropriate by the Secretary and the Commission. In conducting this evaluation, the Secretary and the Commission shall solicit comment from the general public, consumer representatives, and electronic commerce businesses.
(Pub. L. 106–229, title I, § 105, June 30, 2000, 114 Stat. 471.)
15 U.S.C. § 7006 (COMMERCE AND TRADE)
§ 7006. Definitions
For purposes of this subchapter:
(1) Consumer
The term “consumer” means an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual.
(2) Electronic
The term “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) Electronic agent
The term “electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part without review or action by an individual at the time of the action or response.
(4) Electronic record
The term “electronic record” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.
(5) Electronic signature
The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
(6) Federal regulatory agency
The term “Federal regulatory agency” means an agency, as that term is defined in section 552(f) of title 5.
(7) Information
The term “information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.
(8) Person
The term “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
(9) Record
The term “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(10) Requirement
The term “requirement” includes a prohibition.
(11) Self-regulatory organization
The term “self-regulatory organization” means an organization or entity that is not a Federal regulatory agency or a State, but that is under the supervision of a Federal regulatory agency and is authorized under Federal law to adopt and administer rules applicable to its members that are enforced by such organization or entity, by a Federal regulatory agency, or by another self-regulatory organization.
(12) State
The term “State” includes the District of Columbia and the territories and possessions of the United States.
(13) Transaction
The term “transaction” means an action or set of actions relating to the conduct of business, consumer, or commercial affairs between two or more persons, including any of the following types of conduct—
(A) the sale, lease, exchange, licensing, or other disposition of (i) personal property, including goods and intangibles, (ii) services, and (iii) any combination thereof; and
(B) the sale, lease, exchange, or other disposition of any interest in real property, or any combination thereof.
(Pub. L. 106–229, title I, § 106, June 30, 2000, 114 Stat. 472.)
15 U.S.C. § 7031 (COMMERCE AND TRADE)
§ 7031. Principles governing the use of electronic signatures in international transactions
(a) Promotion of electronic signatures
(1) Required actions
The Secretary of Commerce shall promote the acceptance and use, on an international basis, of electronic signatures in accordance with the principles specified in paragraph (2) and in a manner consistent with section 7001 of this title. The Secretary of Commerce shall take all actions necessary in a manner consistent with such principles to eliminate or reduce, to the maximum extent possible, the impediments to commerce in electronic signatures, for the purpose of facilitating the development of interstate and foreign commerce.
(2) Principles
The principles specified in this paragraph are the following:
(A) Remove paper-based obstacles to electronic transactions by adopting relevant principles from the Model Law on Electronic Commerce adopted in 1996 by the United Nations Commission on International Trade Law.
(B) Permit parties to a transaction to determine the appropriate authentication technologies and implementation models for their transactions, with assurance that those technologies and implementation models will be recognized and enforced.
(C) Permit parties to a transaction to have the opportunity to prove in court or other proceedings that their authentication approaches and their transactions are valid.
(D) Take a nondiscriminatory approach to electronic signatures and authentication methods from other jurisdictions.
(b) Consultation
In conducting the activities required by this section, the Secretary shall consult with users and providers of electronic signature products and services and other interested persons.
(c) Definitions
As used in this section, the terms “electronic record” and “electronic signature” have the same meanings provided in section 7006 of this title.
(Pub. L. 106–229, title III, § 301, June 30, 2000, 114 Stat. 475.)
15 U.S.C. § 7102 (COMMERCE AND TRADE)
§ 7102. Duties of the Interagency Committee
(a) In general
The Interagency Committee shall—
(1) monitor, coordinate, and promote the plans, programs, and operations of the departments and agencies of the Federal Government that may contribute to the establishment and growth of women’s business enterprise;
(2) develop and promote new public sector initiatives, policies, programs, and plans designed to foster women’s business enterprise;
(3) review, monitor, and coordinate plans and programs, developed in the public sector, which affect the ability of women-owned businesses to obtain capital and credit;
(4) promote and assist, as appropriate, in the development of surveys of women-owned business; and
(5) design a comprehensive plan for a joint public-private sector effort to facilitate growth and development of women’s business enterprise, which plan shall, not later than 1 year after October 22, 1994, be submitted to the President for review.
(b) Meetings
The Interagency Committee shall meet not less than biannually at such times as the Interagency Committee determines to be necessary to perform the duties under subsection (a) of this section. A majority of the members of the Committee shall constitute a quorum for the approval of recommendations or reports issued pursuant to this section.
(c) Interaction with Council
In performing its duties under subsection (a) of this section, the Interagency Committee shall consult with the Council. The Interagency Committee may meet jointly with the Council at the discretion of the chairperson of the Interagency Committee and the chairperson of the Council, but not less frequently than twice annually. The chairperson of the Interagency Committee shall serve as chairperson of any joint meetings of the Interagency Committee and the Council.
(Pub. L. 100–533, title IV, § 402, as added Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4193.)
heading: Prior Provisions
text: A prior section 402 of Pub. L. 100–533, title IV, Oct. 25, 1988, 102 Stat. 2694, related to duties of the National Women’s Business Council, prior to the general amendment of title IV of Pub. L. 100–533 by Pub. L. 103–403. See section 7106 of this title.
15 U.S.C. § 7104 (COMMERCE AND TRADE)
§ 7104. Reports from the Interagency Committee
Not later than September 30, 1995, and annually thereafter, the Interagency Committee shall transmit, through the Small Business Administration, to the President and to the Committees on Small Business of the Senate and the House of Representatives, a report containing—
(1) a detailed description of the activities of the Interagency Committee, including a verbatim report on the status of progress of the Interagency Committee in meeting its responsibilities and duties under section 7102(a) of this title;
(2) the findings and conclusions of the Interagency Committee; and
(3) the Interagency Committee’s recommendations for such legislation and administrative actions as the Interagency Committee considers appropriate to promote the development of small business concerns owned and controlled by women.
(Pub. L. 100–533, title IV, § 404, as added Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4194; amended Pub. L. 105–135, title III, § 302, Dec. 2, 1997, 111 Stat. 2608.)
heading: Prior Provisions
text: A prior section 404 of Pub. L. 100–533, title IV, Oct. 25, 1988, 102 Stat. 2695, related to appointment and pay of the Director and staff of the National Women’s Business Council, prior to the general amendment of title IV of Pub. L. 100–533 by Pub. L. 103–403. See section 7107 of this title.
heading: Amendments
text: 1997—Pub. L. 105–135, § 302(1), in introductory provisions, inserted “, through the Small Business Administration,” after “transmit”.
Par. (1). Pub. L. 105–135, § 302(3), inserted before semicolon at end “, including a verbatim report on the status of progress of the Interagency Committee in meeting its responsibilities and duties under section 7102(a) of this title”.
Pub. L. 105–135, § 302(2), redesignated par. (2) as (1) and struck out former par. (1) which read as follows: “any recommendations of the Council and any comments of the Interagency Committee thereon;”.
Pars. (2) to (4). Pub. L. 105–135, § 302(2), redesignated pars. (2) to (4) as (1) to (3), respectively.
heading: Change of Name
text: Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.
heading: Effective Date of 1997 Amendment
text: Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of this title.
15 U.S.C. § 7105 (COMMERCE AND TRADE)
§ 7105. Establishment of the National Women’s Business Council
There is established a council to be known as the National Women’s Business Council, which shall serve as an independent source of advice and policy recommendations to the Interagency Committee, to the Administrator through the Assistant Administrator of the Office of Women’s Business Ownership, to the Congress, and to the President.
(Pub. L. 100–533, title IV, § 405, as added Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4195.)
heading: Prior Provisions
text: A prior section 405 of Pub. L. 100–533, title IV, Oct. 25, 1988, 102 Stat. 2696, related to powers of the National Women’s Business Council, prior to the general amendment of title IV of Pub. L. 100–533 by Pub. L. 103–403.
15 U.S.C. § 7108 (COMMERCE AND TRADE)
§ 7108. Definitions
For purposes of this chapter—
(1) the term “Administration” means the Small Business Administration;
(2) the term “Administrator” means the Administrator of the Small Business Administration;
(3) the term “control” means exercising the power to make policy decisions concerning a business;
(4) the term “Council” means the National Women’s Business Council, established under section 7105 of this title;
(5) the term “Interagency Committee” means the Interagency Committee on Women’s Business Enterprise, established under section 7101 of this title;
(6) the term “operate” means being actively involved in the day-to-day management of a business;
(7) the term “women’s business enterprise” means—
(A) a business or businesses owned by a woman or a group of women; or
(B) the establishment, maintenance, or development of a business or businesses by a woman or a group of women; and
(8) the term “women-owned business” means a small business which a woman or a group of women—
(A) control and operate; and
(B) own not less than 51 percent of the business.
(Pub. L. 100–533, title IV, § 408, as added Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4197.)
15 U.S.C. § 7109 (COMMERCE AND TRADE)
§ 7109. Studies and other research
(a) In general
The Council may conduct such studies and other research relating to the award of Federal prime contracts and subcontracts to women-owned businesses, to access to credit and investment capital by women entrepreneurs, or to other issues relating to women-owned businesses, as the Council determines to be appropriate.
(b) Contract authority
In conducting any study or other research under this section, the Council may contract with one or more public or private entities.
(Pub. L. 100–533, title IV, § 409, formerly § 410, as added Pub. L. 105–135, title III, § 307, Dec. 2, 1997, 111 Stat. 2611; renumbered § 409 and amended Pub. L. 106–554, § 1(a)(9) [title VII, § 704], Dec. 21, 2000, 114 Stat. 2763, 2763A–701.)
heading: Prior Provisions
text: A prior section 409 of Pub. L. 100–533, as added Pub. L. 105–135, title III, § 306, Dec. 2, 1997, 111 Stat. 2610, related to the National Women’s Business Council procurement project, prior to repeal by Pub. L. 106–554, § 1(a)(9) [title VII, § 703], Dec. 21, 2000, 114 Stat. 2763, 2763A–701.
Another prior section 409 of Pub. L. 100–533 was renumbered section 410 and is classified to section 7110 of this title.
heading: Amendments
text: 2000—Pub. L. 106–554 amended section catchline and text generally. Prior to amendment, text provided conditional authorization for the Council to conduct studies and research relating to the award of Federal prime contracts and subcontracts to women-owned businesses or to issues relating to access to credit and investment capital by women entrepreneurs and to contract with other entities to conduct such studies and research.
heading: Effective Date
text: Section effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as an Effective Date of 1997 Amendment note under section 631 of this title.
15 U.S.C. § 7110 (COMMERCE AND TRADE)
§ 7110. Authorization of appropriations
(a) In general
There is authorized to be appropriated to carry out this chapter $1,000,000, for each of fiscal years 2001 through 2003, of which $550,000 shall be available in each such fiscal year to carry out section 7109 of this title.
(b) Budget review
No amount made available under this section for any fiscal year may be obligated or expended by the Council before the date on which the Council reviews and approves the operating budget of the Council to carry out the responsibilities of the Council for that fiscal year.
(Pub. L. 100–533, title IV, § 410, formerly § 409, as added Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4197; renumbered § 411 and amended Pub. L. 105–135, title III, § 305, Dec. 2, 1997, 111 Stat. 2610; renumbered § 410 and amended Pub. L. 106–554, § 1(a)(9) [title VII, § 705], Dec. 21, 2000, 114 Stat. 2763, 2763A–702.)
heading: Prior Provisions
text: A prior section 410 of Pub. L. 100–533 was renumbered section 409 and is classified to section 7109 of this title.
heading: Amendments
text: 2000—Pub. L. 106–554 amended section catchline and text generally. Prior to amendment, text authorized appropriations to carry out this chapter for fiscal years 1998 through 2000 and limited obligation or expenditure of those funds prior to the budget review by the Council for that fiscal year.
1997—Pub. L. 105–135 amended section catchline and text generally. Prior to amendment, text read as follows: “There are authorized to be appropriated for each of fiscal years 1995 through 1997, to carry out this chapter, $350,000.”
heading: Effective Date of 1997 Amendment
text: Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of this title.
15 U.S.C. § 7202 (COMMERCE AND TRADE)
§ 7202. Commission rules and enforcement
(a) Regulatory action
The Commission shall promulgate such rules and regulations, as may be necessary or appropriate in the public interest or for the protection of investors, and in furtherance of this Act.
(b) Enforcement
(1) In general
A violation by any person of this Act, any rule or regulation of the Commission issued under this Act, or any rule of the Board shall be treated for all purposes in the same manner as a violation of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or the rules and regulations issued thereunder, consistent with the provisions of this Act, and any such person shall be subject to the same penalties, and to the same extent, as for a violation of that Act or such rules or regulations.
(2) to (4) Omitted
(c) Effect on Commission authority
Nothing in this Act or the rules of the Board shall be construed to impair or limit—
(1) the authority of the Commission to regulate the accounting profession, accounting firms, or persons associated with such firms for purposes of enforcement of the securities laws;
(2) the authority of the Commission to set standards for accounting or auditing practices or auditor independence, derived from other provisions of the securities laws or the rules or regulations thereunder, for purposes of the preparation and issuance of any audit report, or otherwise under applicable law; or
(3) the ability of the Commission to take, on the initiative of the Commission, legal, administrative, or disciplinary action against any registered public accounting firm or any associated person thereof.
(Pub. L. 107–204, § 3, July 30, 2002, 116 Stat. 749.)
heading: References in Text
text: This Act, referred to in text, is Pub. L. 107–204, July 30, 2002, 116 Stat. 745, known as the Sarbanes-Oxley Act of 2002. For complete classification of this Act to the Code, see Tables.
The Securities Exchange Act of 1934, referred to in subsec. (b)(1), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is classified principally to chapter 2B (§ 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables.
heading: Codification
text: Section is comprised of section 3 of Pub. L. 107–204. Subsec. (b)(2)–(4) of section 3 of Pub. L. 107–204 amended sections 78l, 78u, and 78u–3 of this title.
15 U.S.C. § 7218 (COMMERCE AND TRADE)
§ 7218. Accounting standards
(a) Omitted
(b) Commission authority
The Commission shall promulgate such rules and regulations to carry out section 77s(b) of this title as it deems necessary or appropriate in the public interest or for the protection of investors.
(c) No effect on Commission powers
Nothing in this Act, including this section and the amendment made by this section, shall be construed to impair or limit the authority of the Commission to establish accounting principles or standards for purposes of enforcement of the securities laws.
(d) Study and report on adopting principles-based accounting
(1) Study
(A) In general
The Commission shall conduct a study on the adoption by the United States financial reporting system of a principles-based accounting system.
(B) Study topics
The study required by subparagraph (A) shall include an examination of—
(i) the extent to which principles-based accounting and financial reporting exists in the United States;
(ii) the length of time required for change from a rules-based to a principles-based financial reporting system;
(iii) the feasibility of and proposed methods by which a principles-based system may be implemented; and
(iv) a thorough economic analysis of the implementation of a principles-based system.
(2) Report
Not later than 1 year after July 30, 2002, the Commission shall submit a report on the results of the study required by paragraph (1) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives.
(Pub. L. 107–204, title I, § 108, July 30, 2002, 116 Stat. 768.)
heading: References in Text
text: This Act, referred to in subsec. (c), is Pub. L. 107–204, July 30, 2002, 116 Stat. 745, known as the Sarbanes-Oxley Act of 2002. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section is comprised of section 108 of Pub. L. 107–204. Subsec. (a) of section 108 of Pub. L. 107–204 amended section 77s of this title.