dreamproit/uscode huggingface dataset:
50 U.S.C. § 4562 (WAR AND NATIONAL DEFENSE)
§ 4562. Territorial application of chapter
The provisions of this chapter shall be applicable to the United States, its Territories and possessions, and the District of Columbia.
(Sept. 8, 1950, ch. 932, title VII, § 713, 64 Stat. 821.)
heading: Termination of Section
text: For termination of section, see section 4564(a) of this title.
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 2163 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4563 (WAR AND NATIONAL DEFENSE)
§ 4563. Separability
If any provision of this chapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
(Sept. 8, 1950, ch. 932, title VII, § 715, formerly § 714, 64 Stat. 821; renumbered § 715, July 31, 1951, ch. 275, title I, § 110(b), 65 Stat. 144.)
heading: Termination of Section
text: For termination of section, see section 4564(a) of this title.
heading: References in Text
text: This chapter and the chapter, referred to in text, were in the original “this Act”, and “the Act”, respectively, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 2164 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4566 (WAR AND NATIONAL DEFENSE)
§ 4566. Prohibition on purchase of United States defense contractors by entities controlled by foreign governments
(a) In general
No entity controlled by a foreign government may merge with, acquire, or take over a company engaged in interstate commerce in the United States that—
(1) is performing a Department of Defense contract, or a Department of Energy contract under a national security program, that cannot be performed satisfactorily unless that company is given access to information in a proscribed category of information; or
(2) during the previous fiscal year, was awarded—
(A) Department of Defense prime contracts in an aggregate amount in excess of $500,000,000; or
(B) Department of Energy prime contracts under national security programs in an aggregate amount in excess of $500,000,000.
(b) Inapplicability to certain cases
The limitation in subsection (a) shall not apply if a merger, acquisition, or takeover is not suspended or prohibited pursuant to section 4565 of this title.
(c) Definitions
In this section:
(1) The term “entity controlled by a foreign government” includes—
(A) any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; and
(B) any individual acting on behalf of a foreign government,
as determined by the President.
(2) The term “proscribed category of information” means a category of information that—
(A) with respect to Department of Defense contracts—
(i) includes special access information;
(ii) is determined by the Secretary of Defense to include information the disclosure of which to an entity controlled by a foreign government is not in the national security interests of the United States; and
(iii) is defined in regulations prescribed by the Secretary of Defense for the purposes of this section; and
(B) with respect to Department of Energy contracts—
(i) is determined by the Secretary of Energy to include information described in subparagraph (A)(ii); and
(ii) is defined in regulations prescribed by the Secretary of Energy for the purposes of this section.
(Pub. L. 102–484, div. A, title VIII, § 835, Oct. 23, 1992, 106 Stat. 2461.)
heading: Codification
text: Section was formerly classified to section 2170a of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1993, and not as part of the Defense Production Act of 1950 which comprises this chapter.
50 U.S.C. § 4621 (WAR AND NATIONAL DEFENSE)
§ 4621. Effective date
This chapter shall take effect upon the expiration of the Export Administration Act of 1969.
(Pub. L. 96–72, § 19(a), Sept. 29, 1979, 93 Stat. 535.)
heading: Termination Date
text: For termination of authority granted by this chapter, see section 4622 of this title.
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, known as the Export Administration Act of 1979, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.
The Export Administration Act of 1969, referred to in text, is Pub. L. 91–184, Dec. 30, 1969, 83 Stat. 841, which was formerly classified to sections 2401 to 2413 of the former Appendix to this title, and which terminated on Sept. 30, 1979, pursuant to the terms of that Act.
heading: Codification
text: Section was formerly classified to section 2418 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
50 U.S.C. § 4623 (WAR AND NATIONAL DEFENSE)
§ 4623. Savings provisions
(a) In general
All delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action which have been made, issued, conducted, or allowed to become effective under the Export Control Act of 1949 or the Export Administration Act of 1969 and which are in effect at the time this chapter takes effect shall continue in effect according to their terms until modified, superseded, set aside, or revoked under this chapter.
(b) Administrative proceedings
This chapter shall not apply to any administrative proceedings commenced or any application for a license made, under the Export Administration Act of 1969, which is pending at the time this chapter takes effect.
(Pub. L. 96–72, § 21, Sept. 29, 1979, 93 Stat. 535.)
heading: Termination Date
text: For termination of authority granted by this chapter, see section 4622 of this title.
heading: References in Text
text: The Export Control Act of 1949, referred to in subsec. (a), is act Feb. 26, 1949, ch. 11, 63 Stat. 7, which was classified to sections 2021 to 2032 of the former Appendix to this title, prior to termination of this Act on Dec. 31, 1969. For complete classification of this Act to the Code, see Tables.
The Export Administration Act of 1969, referred to in text, is Pub. L. 91–184, Dec. 30, 1969, 83 Stat. 841, which was classified to sections 2401 to 2413 of the former Appendix to this title, prior to termination of this Act on Sept. 30, 1979. For complete classification of this Act to the Code, see Tables.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, known as the Export Administration Act of 1979, which is classified principally to this chapter. For the time this chapter takes effect, see section 4621 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 2420 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
15 U.S.C. § 3716 (COMMERCE AND TRADE)
§ 3716. Critical industries
(a) Identification of industries and development of plan
The Secretary shall—
(1) identify those civilian industries in the United States that are necessary to support a robust manufacturing infrastructure and critical to the economic security of the United States; and
(2) list the major research and development initiatives being undertaken, and the substantial investments being made, by the Federal Government, including its research laboratories, in each of the critical industries identified under paragraph (1).
(b) Initial report
The Secretary shall submit a report to the Congress within 1 year after February 14, 1992, on the actions taken under subsection (a).
(Pub. L. 102–245, title V, § 504, Feb. 14, 1992, 106 Stat. 24.)
heading: Codification
text: Subsec. (c) of this section, which required the Secretary to annually submit to Congress an update of the report submitted under subsec. (b) of this section, 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, page 52 of House Document No. 103–7.
Section was enacted as part of the American Technology Preeminence Act of 1991, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter.
15 U.S.C. § 4002 (COMMERCE AND TRADE)
§ 4002. Definitions
(a) For purposes of this subchapter—
(1) the term “export trade” means trade or commerce in goods or services produced in the United States which are exported, or in the course of being exported, from the United States to any other country;
(2) the term “services” includes, but is not limited to, accounting, amusement, architectural, automatic data processing, business, communications, construction franchising and licensing, consulting, engineering, financial, insurance, legal, management, repair, tourism, training, and transportation services;
(3) the term “export trade services” includes, but is not limited to, consulting, international market research, advertising, marketing, insurance, product research and design, legal assistance, transportation, including trade documentation and freight forwarding, communication and processing of foreign orders to and for exporters and foreign purchasers, warehousing, foreign exchange, financing, and taking title to goods, when provided in order to facilitate the export of goods or services produced in the United States;
(4) the term “export trading company” means a person, partnership, association, or similar organization, whether operated for profit or as a nonprofit organization, which does business under the laws of the United States or any State and which is organized and operated principally for purposes of—
(A) exporting goods or services produced in the United States; or
(B) facilitating the exportation of goods or services produced in the United States by unaffiliated persons by providing one or more export trade services;
(5) the term “State” means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands;
(6) the term “United States” means the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; and
(7) the term “antitrust laws” means the antitrust laws as defined in section 12(a) of this title, section 45 of this title to the extent that section 45 of this title applies to unfair methods of competition, and any State antitrust or unfair competition law.
(b) The Secretary of Commerce may by regulation further define any term defined in subsection (a), in order to carry out this subchapter.
(Pub. L. 97–290, title I, § 103, Oct. 8, 1982, 96 Stat. 1234.)
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
15 U.S.C. § 4012 (COMMERCE AND TRADE)
§ 4012. Application for issuance of certificate of review
(a) Written form; limitation to export trade; compliance with regulations
To apply for a certificate of review, a person shall submit to the Secretary a written application which—
(1) specifies conduct limited to export trade, and
(2) is in a form and contains any information, including information pertaining to the overall market in which the applicant operates, required by rule or regulation promulgated under section 4020 of this title.
(b) Publication of notice of application; transmittal to Attorney General
(1) Within ten days after an application submitted under subsection (a) is received by the Secretary, the Secretary shall publish in the Federal Register a notice that announces that an application for a certificate of review has been submitted, identifies each person submitting the application, and describes the conduct for which the application is submitted.
(2) Not later than seven days after an application submitted under subsection (a) is received by the Secretary, the Secretary shall transmit to the Attorney General—
(A) a copy of the application,
(B) any information submitted to the Secretary in connection with the application, and
(C) any other relevant information (as determined by the Secretary) in the possession of the Secretary, including information regarding the market share of the applicant in the line of commerce to which the conduct specified in the application relates.
(Pub. L. 97–290, title III, § 302, Oct. 8, 1982, 96 Stat. 1240.)
heading: Effective Date
text: Section effective 90 days after effective date of rules and regulations first promulgated under section 4020 of this title, see section 312(b) of Pub. L. 97–290 set out as a note under section 4011 of this title.
15 U.S.C. § 4015 (COMMERCE AND TRADE)
§ 4015. Judicial review; admissibility
(a) District court review of grants or denials; erroneous determination
If the Secretary grants or denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or modifies a certificate pursuant to section 4014(b) of this title, any person aggrieved by such determination may, within 30 days of the determination, bring an action in any appropriate district court of the United States to set aside the determination on the ground that such determination is erroneous.
(b) Exclusive provision for review
Except as provided in subsection (a), no action by the Secretary or the Attorney General pursuant to this subchapter shall be subject to judicial review.
(c) Inadmissibility in antitrust proceedings
If the Secretary denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or amends a certificate, neither the negative determination nor the statement of reasons therefor shall be admissible in evidence, in any administrative or judicial proceeding, in support of any claim under the antitrust laws.
(Pub. L. 97–290, title III, § 305, Oct. 8, 1982, 96 Stat. 1243.)
heading: Effective Date
text: Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.
15 U.S.C. § 4016 (COMMERCE AND TRADE)
§ 4016. Protection conferred by certificate of review
(a) Protection from civil or criminal antitrust actions
Except as provided in subsection (b), no criminal or civil action may be brought under the antitrust laws against a person to whom a certificate of review is issued which is based on conduct which is specified in, and complies with the terms of, a certificate issued under section 4013 of this title which certificate was in effect when the conduct occurred.
(b) Special restraint of trade civil actions; time limitations; certificate governed conduct presumed in compliance; award of costs to successful defendant; suit by Attorney General
(1) Any person who has been injured as a result of conduct engaged in under a certificate of review may bring a civil action for injunctive relief, actual damages, the loss of interest on actual damages, and the cost of suit (including a reasonable attorney’s fee) for the failure to comply with the standards of section 4013(a) of this title. Any action commenced under this subchapter shall proceed as if it were an action commenced under section 15 or section 26 of this title, except that the standards of section 4013(a) of this title and the remedies provided in this paragraph shall be the exclusive standards and remedies applicable to such action.
(2) Any action brought under paragraph (1) shall be filed within two years of the date the plaintiff has notice of the failure to comply with the standards of section 4013(a) of this title but in any event within four years after the cause of action accrues.
(3) In any action brought under paragraph (1), there shall be a presumption that conduct which is specified in and complies with a certificate of review does comply with the standards of section 4013(a) of this title.
(4) In any action brought under paragraph (1), if the court finds that the conduct does comply with the standards of section 4013(a) of this title, the court shall award to the person against whom the claim is brought the cost of suit attributable to defending against the claim (including a reasonable attorney’s fee).
(5) The Attorney General may file suit pursuant to section 25 of this title to enjoin conduct threatening clear and irreparable harm to the national interest.
(Pub. L. 97–290, title III, § 306, Oct. 8, 1982, 96 Stat. 1243.)
heading: Effective Date
text: Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.
15 U.S.C. § 4017 (COMMERCE AND TRADE)
§ 4017. Guidelines
(a) Issuance; content
To promote greater certainty regarding the application of the antitrust laws to export trade, the Secretary, with the concurrence of the Attorney General, may issue guidelines—
(1) describing specific types of conduct with respect to which the Secretary, with the concurrence of the Attorney General, has made or would make, determinations under sections 4013 and 4014 of this title, and
(2) summarizing the factual and legal bases in support of the determinations.
(b) Administrative rulemaking requirements not applicable
Section 553 of title 5 shall not apply to the issuance of guidelines under subsection (a).
(Pub. L. 97–290, title III, § 307, Oct. 8, 1982, 96 Stat. 1244.)
heading: Effective Date
text: Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.
15 U.S.C. § 4053 (COMMERCE AND TRADE)
§ 4053. Barter arrangements
(a) Report on status of Federal barter programs
The Secretary of Agriculture and the Secretary of Energy shall, not later than 90 days after July 12, 1985, submit to the Congress a report on the status of Federal programs relating to the barter or exchange of commodities owned by the Commodity Credit Corporation for materials and products produced in foreign countries. Such report shall include details of any changes necessary in existing law to allow the Department of Agriculture and, in the case of petroleum resources, the Department of Energy, to implement fully any barter program.
(b) Authorities of President
The President is authorized—
(1) to barter stocks of agricultural commodities acquired by the Government for petroleum and petroleum products, and for other materials vital to the national interest, which are produced abroad, in situations in which sales would otherwise not occur; and
(2) to purchase petroleum and petroleum products, and other materials vital to the national interest, which are produced abroad and acquired by persons in the United States through barter for agricultural commodities produced in and exported from the United States through normal commercial trade channels.
(c) Other provisions of law not affected
In the case of any petroleum, petroleum products, or other materials vital to the national interest, which are acquired under subsection (b), nothing in this section shall be construed to render inapplicable the provisions of any law then in effect which apply to the storage, distribution, or use of such petroleum, petroleum products, or other materials vital to the national interest.
(d) Conventional markets not to be displaced by barters
The President shall take steps to ensure that, in making any barter described in subsection (a) or (b)(1) or any purchase authorized by subsection (b)(2), existing export markets for agricultural commodities operating on conventional business terms are safeguarded from displacement by the barter described in subsection (a), (b)(1), or (b)(2), as the case may be. In addition, the President shall ensure that any such barter is consistent with the international obligations of the United States, including the General Agreement on Tariffs and Trade.
(e) Report to Congress
The Secretary of Energy shall report to the Congress on the effect on energy security and on domestic energy supplies of any action taken under this section which results in the acquisition by the Government of petroleum or petroleum products. Such report shall be submitted to the Congress not later than 90 days after such acquisition.
(Pub. L. 99–64, title II, § 203, July 12, 1985, 99 Stat. 158.)
heading: Codification
text: Section was enacted as part of the Export Administration Amendments Act of 1985, and not as part of Pub. L. 97–290 which enacted this chapter.
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) 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) 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.