dreamproit/uscode huggingface dataset:
15 U.S.C. § 1712 (COMMERCE AND TRADE)
§ 1712. Contrary stipulations void
Any condition, stipulation, or provision binding any person acquiring any lot in a subdivision to waive compliance with any provision of this chapter or of the rules and regulations of the Director shall be void.
(Pub. L. 90–448, title XIV, § 1413, Aug. 1, 1968, 82 Stat. 596; Pub. L. 111–203, title X, § 1098A(1), July 21, 2010, 124 Stat. 2105.)
heading: Amendments
text: 2010—Pub. L. 111–203 substituted “Director” for “Secretary”.
heading: Effective Date of 2010 Amendment
text: Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
heading: Effective Date
text: Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.
15 U.S.C. § 1713 (COMMERCE AND TRADE)
§ 1713. Additional remedies
The rights and remedies provided by this chapter shall be in addition to any and all other rights and remedies that may exist at law or in equity.
(Pub. L. 90–448, title XIV, § 1414, Aug. 1, 1968, 82 Stat. 596.)
heading: Effective Date
text: Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.
15 U.S.C. § 1716 (COMMERCE AND TRADE)
§ 1716. Unlawful representations
The fact that a statement of record with respect to a subdivision has been filed or is in effect shall not be deemed a finding by the Director that the statement of record is true and accurate on its face, or be held to mean the Director has in any way passed upon the merits of, or given approval to, such subdivision. It shall be unlawful to make, or cause to be made, to any prospective purchaser any representation contrary to the foregoing.
(Pub. L. 90–448, title XIV, § 1417, Aug. 1, 1968, 82 Stat. 598; Pub. L. 111–203, title X, § 1098A(1), July 21, 2010, 124 Stat. 2105.)
heading: Amendments
text: 2010—Pub. L. 111–203 substituted “Director” for “Secretary” in two places.
heading: Effective Date of 2010 Amendment
text: Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
heading: Effective Date
text: Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.
15 U.S.C. § 1717 (COMMERCE AND TRADE)
§ 1717. Penalties for violations
Any person who willfully violates any of the provisions of this chapter, or the rules and regulations prescribed pursuant thereto, or any person who willfully, in a statement of record filed under, or in a property report issued pursuant to, this chapter, makes any untrue statement of a material fact or omits to state any material fact required to be stated therein, shall upon conviction be fined not more than $10,000 or imprisoned not more than five years, or both.
(Pub. L. 90–448, title XIV, § 1418, Aug. 1, 1968, 82 Stat. 598; Pub. L. 96–153, title IV, § 408, Dec. 21, 1979, 93 Stat. 1132.)
heading: Amendments
text: 1979—Pub. L. 96–153 substituted “$10,000” for “$5,000”.
heading: Effective Date of 1979 Amendment
text: Amendment by Pub. L. 96–153 effective on effective date of regulations implementing such amendment, but in no case later than six months following Dec. 21, 1979, see section 410 of Pub. L. 96–153, set out as a note under section 1701 of this title.
heading: Effective Date
text: Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.
15 U.S.C. § 1718 (COMMERCE AND TRADE)
§ 1718. Rules, regulations, and orders
The Director shall have authority from time to time to make, issue, amend, and rescind such rules and regulations and such orders as are necessary or appropriate to the exercise of the functions and powers conferred upon him elsewhere in this chapter. For the purpose of his rules and regulations, the Director may classify persons and matters within his jurisdiction and prescribe different requirements for different classes of persons or matters.
(Pub. L. 90–448, title XIV, § 1419, Aug. 1, 1968, 82 Stat. 598; Pub. L. 111–203, title X, § 1098A(1), July 21, 2010, 124 Stat. 2105.)
heading: Amendments
text: 2010—Pub. L. 111–203 substituted “Director” for “Secretary” in two places.
heading: Effective Date of 2010 Amendment
text: Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
heading: Effective Date
text: Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.
15 U.S.C. § 1719 (COMMERCE AND TRADE)
§ 1719. Jurisdiction of offenses and suits
The district courts of the United States, the United States courts of any territory, and the United States District Court for the District of Columbia shall have jurisdiction of offenses and violations under this chapter and under the rules and regulations prescribed by the Director pursuant thereto, and concurrent with State courts, of all suits in equity and actions at law brought to enforce any liability or duty created by this chapter. Any such suit or action may be brought to enforce any liability or duty created by this chapter. Any such suit or action may be brought in the district wherein the defendant is found or is an inhabitant or transacts business, or in the district where the offer or sale took place, if the defendant participated therein, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. Judgments and decrees so rendered shall be subject to review as provided in sections 1254 and 1291 of title 28. No case arising under this chapter and brought in any State court of competent jurisdiction shall be removed to any court of the United States, except where the United States or any officer or employee of the United States in his official capacity is a party. No costs shall be assessed for or against the Director in any proceeding under this chapter brought by or against him in the Supreme Court or such other courts.
(Pub. L. 90–448, title XIV, § 1420, Aug. 1, 1968, 82 Stat. 598; Pub. L. 100–628, title X, § 1089(b), Nov. 7, 1988, 102 Stat. 3283; Pub. L. 111–203, title X, § 1098A(1), July 21, 2010, 124 Stat. 2105.)
heading: Amendments
text: 2010—Pub. L. 111–203 substituted “Director” for “Secretary” in two places.
1988—Pub. L. 100–628 struck out “(a)” after section designation.
heading: Effective Date of 2010 Amendment
text: Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
heading: Effective Date
text: Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.
15 U.S.C. § 1720 (COMMERCE AND TRADE)
§ 1720. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this chapter.
(Pub. L. 90–448, title XIV, § 1422, formerly § 1421, Aug. 1, 1968, 82 Stat. 599; renumbered § 1422, Pub. L. 96–153, title IV, § 409, Dec. 21, 1979, 93 Stat. 1132.)
heading: Effective Date
text: Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.
15 U.S.C. § 2057 (COMMERCE AND TRADE)
§ 2057. Banned hazardous products
Whenever the Commission finds that—
(1) a consumer product is being, or will be, distributed in commerce and such consumer product presents an unreasonable risk of injury; and
(2) no feasible consumer product safety standard under this chapter would adequately protect the public from the unreasonable risk of injury associated with such product,
the Commission may, in accordance with section 2058 of this title, promulgate a rule declaring such product a banned hazardous product.
(Pub. L. 92–573, § 8, Oct. 27, 1972, 86 Stat. 1215; Pub. L. 97–35, title XII, § 1203(c), Aug. 13, 1981, 95 Stat. 713.)
heading: Amendments
text: 1981—Pub. L. 97–35 substituted “may, in accordance with” for “may propose and, in accordance with”.
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 30 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.
heading: Effective Date
text: Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.
15 U.S.C. § 2070 (COMMERCE AND TRADE)
§ 2070. Criminal penalties
(a) Violation of section 2068 of this title is punishable by—
(1) imprisonment for not more than 5 years for a knowing and willful violation of that section;
(2) a fine determined under section 3571 of title 18; or
(3) both.
(b) Any individual director, officer, or agent of a corporation who knowingly and willfully authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of section 2068 of this title shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a).
(c)
(1) In addition to the penalties provided by subsection (a), the penalty for a criminal violation of this chapter or any other Act enforced by the Commission may include the forfeiture of assets associated with the violation.
(2) In this subsection, the term “criminal violation” means a violation of this chapter or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.
(Pub. L. 92–573, § 21, Oct. 27, 1972, 86 Stat. 1225; Pub. L. 110–314, title II, § 217(c)(1), (2), (d), Aug. 14, 2008, 122 Stat. 3060.)
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–314, § 217(c)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any person who knowingly and willfully violates section 2068 of this title after having received notice of noncompliance from the Commission shall be fined not more than $50,000 or be imprisoned not more than one year, or both.”
Subsec. (b). Pub. L. 110–314, § 217(c)(2), struck out “, and who has knowledge of notice of noncompliance received by the corporation from the Commission,” after “section 2068 of this title”.
Subsec. (c). Pub. L. 110–314, § 217(d), added subsec. (c).
heading: Effective Date
text: Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.
15 U.S.C. § 2071 (COMMERCE AND TRADE)
§ 2071. Injunctive enforcement and seizure
(a) Jurisdiction
The United States district courts shall have jurisdiction to take the following action:
(1) Restrain any violation of section 2068 of this title.
(2) Restrain any person from manufacturing for sale, offering for sale, distributing in commerce, or importing into the United States a product in violation of an order in effect under section 2064(d) of this title.
(3) Restrain any person from distributing in commerce a product which does not comply with a consumer product safety rule.
Such actions may be brought by the Commission (without regard to section 2076(b)(7)(A) of this title) or by the Attorney General in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found or transacts business. In any action under this section process may be served on a defendant in any other district in which the defendant resides or may be found.
(b) Products liable to proceeding
Any consumer product—
(1) which fails to conform with an applicable consumer product safety rule, or
(2) the manufacture for sale, offering for sale, distribution in commerce, or the importation into the United States of which has been prohibited by an order in effect under section 2064(d) of this title,
when introduced into or while in commerce or while held for sale after shipment in commerce shall be liable to be proceeded against on libel of information and condemned in any district court of the United States within the jurisdiction of which such consumer product is found. Proceedings in cases instituted under the authority of this subsection shall conform as nearly as possible to proceedings in rem in admiralty. Whenever such proceedings involving substantially similar consumer products are pending in courts of two or more judicial districts they shall be consolidated for trial by order of any such court upon application reasonably made by any party in interest upon notice to all other parties in interest.
(Pub. L. 92–573, § 22, Oct. 27, 1972, 86 Stat. 1225; Pub. L. 94–284, §§ 11(b), 12(c), May 11, 1976, 90 Stat. 507, 508.)
heading: Amendments
text: 1976—Subsec. (a). Pub. L. 94–284, §§ 11(b), 12(c)(1), designated existing provision as par. (1) and (3), added par. (2), and in provision following par. (3) substituted “(without regard to section 2076(b)(7)(A) of this title)” for “(with the concurrence of the Attorney General)”.
Subsec. (b). Pub. L. 94–284, § 12(c)(2), amended subsec. (b) generally, inserting provision designated as par. (2) which included within consumer products liable to proceedings, a product of which the manufacture for sale, offering for sale, distribution in commerce, or importation into the United States has been prohibited.
heading: Effective Date
text: Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.
15 U.S.C. § 2074 (COMMERCE AND TRADE)
§ 2074. Private remedies
(a) Liability at common law or under State statute not relieved by compliance
Compliance with consumer product safety rules or other rules or orders under this chapter shall not relieve any person from liability at common law or under State statutory law to any other person.
(b) Evidence of Commission’s inaction inadmissible in actions relating to consumer products
The failure of the Commission to take any action or commence a proceeding with respect to the safety of a consumer product shall not be admissible in evidence in litigation at common law or under State statutory law relating to such consumer product.
(c) Public information
Subject to sections 2055(a)(2) and 2055(b) of this title but notwithstanding section 2055(a)(1) of this title, (1) any accident or investigation report made under this chapter by an officer or employee of the Commission shall be made available to the public in a manner which will not identify any injured person or any person treating him, without the consent of the person so identified, and (2) all reports on research projects, demonstration projects, and other related activities shall be public information.
(Pub. L. 92–573, § 25, Oct. 27, 1972, 86 Stat. 1227.)
heading: Effective Date
text: Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.
heading: Preemption
text: The provisions of this section establishing the extent to which the Consumer Product Safety Act [15 U.S.C. 2051 et seq.] preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Consumer Product Safety Act, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title.
16 U.S.C. § 551c–1 (CONSERVATION)
§ 551c–1. Limitations on prescribed burns
(a) In general
Except as provided in subsection (b), the Secretary shall not authorize a prescribed burn on Forest Service land if, for the county or contiguous county in which the land is located, the national fire danger rating system indicates an extreme fire danger level.
(b) Exception
The Secretary may authorize a prescribed burn under a condition described in subsection (a) if the Secretary coordinates with the applicable State government and local fire officials.
(c) Report
At the end of each fiscal year, the Secretary shall submit to Congress a report describing—
(1) the number and locations of prescribed burns during that fiscal year; and
(2) each prescribed burn during that fiscal year that was authorized by the Secretary pursuant to subsection (b).
(Pub. L. 114–275, § 3, Dec. 14, 2016, 130 Stat. 1405.)
heading: Definitions
text: Pub. L. 114–275, § 2, Dec. 14, 2016, 130 Stat. 1405, provided that:
“In this Act [enacting this section and provisions set out as a note under section 551 of this title]:
“(1) National fire danger rating system.—
The term ‘national fire danger rating system’ means the national system used to provide a measure of fire danger according to a range of low to moderate to high to very high to extreme.
“(2) Prescribed burn.—
The term ‘prescribed burn’ means a planned fire intentionally ignited.
“(3) Secretary.—
The term ‘Secretary’ means the Secretary of Agriculture, acting through the Chief of the Forest Service.”
25 U.S.C. § 711e (INDIANS)
§ 711e. Omitted
heading: Codification
text: Section, Pub. L. 95–195, § 7, Nov. 18, 1977, 91 Stat. 1418; Pub. L. 114–262, § 2, Dec. 14, 2016, 130 Stat. 1364, which related to establishment of a reservation for the tribe, was omitted from the Code as being of special and not general application.
25 U.S.C. § 713f (INDIANS)
§ 713f. Omitted
heading: Codification
text: Section, Pub. L. 98–165, § 8, Nov. 22, 1983, 97 Stat. 1068, which related to the establishment of a tribal reservation, was omitted from the Code as being of special and not general application.
heading: Confederated Tribes of the Grand Ronde Community of Oregon Reservation
text: Pub. L. 100–425, Sept. 9, 1988, 102 Stat. 1594, as amended by Pub. L. 100–581, title II, § 202, Nov. 1, 1988, 102 Stat. 2939; Pub. L. 101–301, § 4, May 24, 1990, 104 Stat. 207; Pub. L. 102–497, § 1, Oct. 24, 1992, 106 Stat. 3255; Pub. L. 103–263, § 5(a), May 31, 1994, 108 Stat. 708; Pub. L. 103–435, § 2, Nov. 2, 1994, 108 Stat. 4566; Pub. L. 105–256, § 2, Oct. 14, 1998, 112 Stat. 1896; Pub. L. 114–263, § 1, Dec. 14, 2016, 130 Stat. 1366, established a reservation for Confederated Tribes of the Grand Ronde Community of Oregon, specifying hunting, fishing, and trapping rights and vesting civil and criminal jurisdiction in State of Oregon, directed treatment of certain lands as revested Oregon and California railroad grant lands, and provided economic development for the Tribes.
5 U.S.C. § 3391 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3391. Definitions
For the purpose of this subchapter, “agency”, “Senior Executive Service position”, “senior executive”, “career appointee”, “limited term appointee”, “limited emergency appointee”, “noncareer appointee”, and “general position” have the meanings set forth in section 3132(a) of this title.
(Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1161.)
heading: Prior Provisions
text: A prior section 3391, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1056, which related to definitions for part-time career employment opportunities, was renumbered as section 3401 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
heading: Effective Date
text: Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
5 U.S.C. § 3591 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3591. Definitions
For the purpose of this subchapter, “agency”, “Senior Executive Service position”, “senior executive”, “career appointee”, “limited term appointee”, “limited emergency appointee”, “noncareer appointee”, and “general position” have the meanings set forth in section 3132(a) of this title.
(Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1165.)
heading: Effective Date
text: Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title.
5 U.S.C. § 3701 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 3701. Definitions
For purposes of this chapter—
(1) the term “agency” means an Executive agency, but does not include the Government Accountability Office; and
(2) the term “detail” means—
(A) the assignment or loan of an employee of an agency to a private sector organization without a change of position from the agency that employs the individual, or
(B) the assignment or loan of an employee of a private sector organization to an agency without a change of position from the private sector organization that employs the individual,
whichever is appropriate in the context in which such term is used.
(Added Pub. L. 107–347, title II, § 209(c)(1), Dec. 17, 2002, 116 Stat. 2925; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Amendments
text: 2004—Par. (1). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
heading: Effective Date
text: Section effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as a note under section 3601 of Title 44, Public Printing and Documents.
5 U.S.C. § 4311 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4311. Definitions
For the purpose of this subchapter, “agency”, “senior executive”, and “career appointee” have the meanings set forth in section 3132(a) of this title.
(Added Pub. L. 95–454, title IV, § 405(a), Oct. 13, 1978, 92 Stat. 1167.)
heading: Effective Date
text: Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title.
5 U.S.C. § 4511 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4511. Definition and general provisions
(a) For purposes of this subchapter, the term “agency” means any Executive agency.
(b) A cash award under this subchapter is in addition to the regular pay of the recipient. Acceptance of a cash award under this subchapter constitutes an agreement that the use by the Government of an idea, method, or device for which the award is made does not form the basis of a further claim of any nature against the Government by the employee, his heirs, or assigns.
(Added Pub. L. 97–35, title XVII, § 1703(a), Aug. 13, 1981, 95 Stat. 755.)
heading: Effective Date
text: Section effective Oct. 1, 1981, see section 1703(c) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 4501 of this title.
heading: Authority To Make Awards
text: Pub. L. 102–487, § 1(c), Oct. 24, 1992, 106 Stat. 3134, provided that: “Awards may be made under subchapter II of chapter 45 of title 5, United States Code, on and after the date of the enactment of this Act [Oct. 24, 1992].”