dreamproit/uscode huggingface dataset:
15 U.S.C. § 8324 (COMMERCE AND TRADE)
§ 8324. Savings clause
Notwithstanding any other provision of this title,1 nothing in this subtitle shall be construed as divesting any appropriate Federal banking agency of any authority it may have to establish or enforce, with respect to a person for which such agency is the appropriate Federal banking agency, prudential or other standards pursuant to authority granted by Federal law other than this title.1
(Pub. L. 111–203, title VII, § 741(c), July 21, 2010, 124 Stat. 1732.)
heading: Editorial Notes
heading: References in Text
text: This title, referred to in text, is title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1641, known as the Wall Street Transparency and Accountability Act of 2010, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of title VII to the Code, see Short Title note set out under section 8301 of this title and Tables.
This subtitle, referred to in text, is subtitle A (§§ 711–754) of title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1641, which enacted this subchapter, section 78c–2 of this title, and sections 1b, 6b–1, 6r to 6t, 7b–3, 24a, and 26 of Title 7, Agriculture, amended sections 78f, 78o, and 78s of this title, sections 1a, 2, 6 to 6b, 6c, 6d, 6m, 6q, 6s, 7 to 7b, 8 to 9a, 12, 12a, 13, 13–1, 13a–1, 13b, 15, 16, 21, 24, 25, 27 to 27b, 27e, and 27f of Title 7, section 761 of Title 11, Bankruptcy, and sections 4421 and 4422 of Title 12, Banks and Banking, enacted provisions set out as notes under sections 1a, 2, 6a, 7a–1, 7a–3, and 9 of Title 7, and amended provisions set out as a note under section 78c of this title. For complete classification of subtitle A to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of terms used in this section, see section 5301 of Title 12, Banks and Banking.
15 U.S.C. § 8325 (COMMERCE AND TRADE)
§ 8325. International harmonization
(a) In order to promote effective and consistent global regulation of swaps and security-based swaps, the Commodity Futures Trading Commission, the Securities and Exchange Commission, and the prudential regulators (as that term is defined in section 1a(39) of title 7), as appropriate, shall consult and coordinate with foreign regulatory authorities on the establishment of consistent international standards with respect to the regulation (including fees) of swaps, security-based swaps, swap entities, and security-based swap entities and may agree to such information-sharing arrangements as may be deemed to be necessary or appropriate in the public interest or for the protection of investors, swap counterparties, and security-based swap counterparties.
(b) In order to promote effective and consistent global regulation of contracts of sale of a commodity for future delivery and options on such contracts, the Commodity Futures Trading Commission shall consult and coordinate with foreign regulatory authorities on the establishment of consistent international standards with respect to the regulation of contracts of sale of a commodity for future delivery and options on such contracts, and may agree to such information-sharing arrangements as may be deemed necessary or appropriate in the public interest for the protection of users of contracts of sale of a commodity for future delivery.
(Pub. L. 111–203, title VII, § 752, July 21, 2010, 124 Stat. 1749.)
heading: Statutory Notes and Related Subsidiaries
heading: Definition
text: For definition of “including” as used in this section, see section 5301 of Title 12, Banks and Banking.
15 U.S.C. § 8341 (COMMERCE AND TRADE)
§ 8341. Authority to further define terms
The Securities and Exchange Commission may, by rule, further define—
(1) the term “commercial risk”;
(2) any other term included in an amendment to the Securities Exchange Act of 1934 1 (15 U.S.C. 78c(a)) made by this subtitle; and
(3) the terms “security-based swap”, “security-based swap dealer”, “major security-based swap participant”, and “eligible contract participant”, with regard to security-based swaps (as such terms are defined in the amendments made by subsection (a)) for the purpose of including transactions and entities that have been structured to evade this subtitle or the amendments made by this subtitle.
(Pub. L. 111–203, title VII, § 761(b), July 21, 2010, 124 Stat. 1759.)
heading: Editorial Notes
heading: References in Text
text: This subtitle, referred to in pars. (2) and (3), is subtitle B (§§ 761–774) of title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1754, which enacted this subchapter and sections 78c–3 to 78c–5, 78j–2, 78m–1, and 78o–10 of this title, amended sections 77b, 77b–1, 77e, 77q, 78c, 78c–1, 78f, 78i, 78j, 78m, 78o, 78p, 78q–1, 78t, 78u–1, 78u–2, 78bb, 78dd, 78mm, 80a–2, and 80b–2 of this title, enacted provisions set out as a note under section 77b of this title, and amended provisions set out as a note under section 78c of this title. For complete classification of subtitle B to the Code, see Tables.
Subsection (a), referred to in par. (3), is subsec. (a) of section 761 of title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1754, which amended section 78c of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Provisions of subchapter effective on the later of 360 days after July 21, 2010, or, to the extent the provision requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision, see section 774 of Pub. L. 111–203, set out as an Effective Date of 2010 Amendment note under section 77b of this title.
heading: Definition
text: For definition of “including” as used in this section, see section 5301 of Title 12, Banks and Banking.
15 U.S.C. § 8342 (COMMERCE AND TRADE)
§ 8342. Savings clause
Notwithstanding any other provision of this title,1 nothing in this subtitle shall be construed as divesting any appropriate Federal banking agency of any authority it may have to establish or enforce, with respect to a person for which such agency is the appropriate Federal banking agency, prudential or other standards pursuant to authority by Federal law other than this title.1
(Pub. L. 111–203, title VII, § 764(b), July 21, 2010, 124 Stat. 1796.)
heading: Editorial Notes
heading: References in Text
text: This title, referred to in text, is title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1641, known as the Wall Street Transparency and Accountability Act of 2010, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of title VII to the Code, see Short Title note set out under section 8301 of this title and Tables.
This subtitle, referred to in text, is subtitle B (§§ 761–774) of title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1754, which enacted this subchapter and sections 78c–3 to 78c–5, 78j–2, 78m–1, and 78o–10 of this title, amended sections 77b, 77b–1, 77e, 77q, 78c, 78c–1, 78f, 78i, 78j, 78m, 78o, 78p, 78q–1, 78t, 78u–1, 78u–2, 78bb, 78dd, 78mm, 80a–2, and 80b–2 of this title, enacted provisions set out as a note under section 77b of this title, and amended provisions set out as a note under section 78c of this title. For complete classification of subtitle B to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of terms used in this section, see section 5301 of Title 12, Banks and Banking.
15 U.S.C. § 8343 (COMMERCE AND TRADE)
§ 8343. Rulemaking on conflict of interest
(a) In general
In order to mitigate conflicts of interest, not later than 180 days after July 21, 2010, the Securities and Exchange Commission shall adopt rules which may include numerical limits on the control of, or the voting rights with respect to, any clearing agency that clears security-based swaps, or on the control of any security-based swap execution facility or national securities exchange that posts or makes available for trading security-based swaps, by a bank holding company (as defined in section 1841 of title 12) with total consolidated assets of $50,000,000,000 or more, a nonbank financial company (as defined in section 5311 of title 12) supervised by the Board of Governors of the Federal Reserve System, affiliate of such a bank holding company or nonbank financial company, a security-based swap dealer, major security-based swap participant, or person associated with a security-based swap dealer or major security-based swap participant.
(b) Purposes
The Securities and Exchange Commission shall adopt rules if the Commission determines, after the review described in subsection (a), that such rules are necessary or appropriate to improve the governance of, or to mitigate systemic risk, promote competition, or mitigate conflicts of interest in connection with a security-based swap dealer or major security-based swap participant’s conduct of business with, a clearing agency, national securities exchange, or security-based swap execution facility that clears, posts, or makes available for trading security-based swaps and in which such security-based swap dealer or major security-based swap participant has a material debt or equity investment.
(c) Considerations
In adopting rules pursuant to this section, the Securities and Exchange Commission shall consider any conflicts of interest arising from the amount of equity owned by a single investor, the ability to vote, cause the vote of, or withhold votes entitled to be cast on any matters by the holders of the ownership interest, and the governance arrangements of any derivatives clearing organization that clears swaps, or swap execution facility or board of trade designated as a contract market that posts swaps or makes swaps available for trading.
(Pub. L. 111–203, title VII, § 765, July 21, 2010, 124 Stat. 1796.)
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of terms used in this section, see section 5301 of Title 12, Banks and Banking.
15 U.S.C. § 8344 (COMMERCE AND TRADE)
§ 8344. Other authority
Unless otherwise provided by its terms, this subtitle does not divest any appropriate Federal banking agency, the Securities and Exchange Commission, the Commodity Futures Trading Commission, or any other Federal or State agency, of any authority derived from any other provision of applicable law.
(Pub. L. 111–203, title VII, § 771, July 21, 2010, 124 Stat. 1801.)
heading: Editorial Notes
heading: References in Text
text: This subtitle, referred to in text, is subtitle B (§§ 761–774) of title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1754, which enacted this subchapter and sections 78c–3 to 78c–5, 78j–2, 78m–1, and 78o–10 of this title, amended sections 77b, 77b–1, 77e, 77q, 78c, 78c–1, 78f, 78i, 78j, 78m, 78o, 78p, 78q–1, 78t, 78u–1, 78u–2, 78bb, 78dd, 78mm, 80a–2, and 80b–2 of this title, enacted provisions set out as a note under section 77b of this title, and amended provisions set out as a note under section 78c of this title. For complete classification of subtitle B to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of terms used in this section, see section 5301 of Title 12, Banks and Banking.
15 U.S.C. § 8401 (COMMERCE AND TRADE)
§ 8401. Findings; declaration of policy
The Congress finds the following:
(1) The Internet has become an important channel of commerce in the United States, accounting for billions of dollars in retail sales every year. Over half of all American adults have now either made an online purchase or an online travel reservation.
(2) Consumer confidence is essential to the growth of online commerce. To continue its development as a marketplace, the Internet must provide consumers with clear, accurate information and give sellers an opportunity to fairly compete with one another for consumers’ business.
(3) An investigation by the Senate Committee on Commerce, Science, and Transportation found abundant evidence that the aggressive sales tactics many companies use against their online customers have undermined consumer confidence in the Internet and thereby harmed the American economy.
(4) The Committee showed that, in exchange for “bounties” and other payments, hundreds of reputable online retailers and websites shared their customers’ billing information, including credit card and debit card numbers, with third party sellers through a process known as “data pass”. These third party sellers in turn used aggressive, misleading sales tactics to charge millions of American consumers for membership clubs the consumers did not want.
(5) Third party sellers offered membership clubs to consumers as they were in the process of completing their initial transactions on hundreds of websites. These third party “post-transaction” offers were designed to make consumers think the offers were part of the initial purchase, rather than a new transaction with a new seller.
(6) Third party sellers charged millions of consumers for membership clubs without ever obtaining consumers’ billing information, including their credit or debit card information, directly from the consumers. Because third party sellers acquired consumers’ billing information from the initial merchant through “data pass”, millions of consumers were unaware they had been enrolled in membership clubs.
(7) The use of a “data pass” process defied consumers’ expectations that they could only be charged for a good or a service if they submitted their billing information, including their complete credit or debit card numbers.
(8) Third party sellers used a free trial period to enroll members, after which they periodically charged consumers until consumers affirmatively canceled the memberships. This use of “free-to-pay conversion” and “negative option” sales took advantage of consumers’ expectations that they would have an opportunity to accept or reject the membership club offer at the end of the trial period.
(Pub. L. 111–345, § 2, Dec. 29, 2010, 124 Stat. 3618.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 111–345, § 1, Dec. 29, 2010, 124 Stat. 3618, provided that: “This Act [enacting this chapter] may be cited as the ‘Restore Online Shoppers’ Confidence Act’.”
15 U.S.C. § 8404 (COMMERCE AND TRADE)
§ 8404. Enforcement by Federal Trade Commission
(a) In general
Violation of this chapter or any regulation prescribed under this chapter shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this chapter.
(b) Penalties
Any person who violates this chapter or any regulation prescribed under this chapter shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this chapter.
(c) Authority preserved
Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
(Pub. L. 111–345, § 5, Dec. 29, 2010, 124 Stat. 3620.)
heading: Editorial Notes
heading: References in Text
text: The Federal Trade Commission Act, referred to in subsecs. (a) and (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.
15 U.S.C. § 8501 (COMMERCE AND TRADE)
§ 8501. Definitions
In this chapter:
(1) Seasonal
The term “seasonal” means the time range between 3 months and 2 years.
(2) State
The term “State” means a State, a territory, or possession of the United States, including a Commonwealth, or the District of Columbia.
(3) Subseasonal
The term “subseasonal” means the time range between 2 weeks and 3 months.
(4) Under Secretary
The term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere.
(5) Weather industry and weather enterprise
The terms “weather industry” and “weather enterprise” are interchangeable in this chapter, and include individuals and organizations from public, private, and academic sectors that contribute to the research, development, and production of weather forecast products, and primary consumers of these weather forecast products.
(Pub. L. 115–25, § 2, Apr. 18, 2017, 131 Stat. 92.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, is Pub. L. 115–25, April 18, 2017, 131 Stat. 91, known as the Weather Research and Forecasting Innovation Act of 2017, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2019 Amendment
text: Pub. L. 115–423, § 1, Jan. 7, 2019, 132 Stat. 5454, provided that: “This Act [enacting section 8550 of this title and section 4010 of Title 33, Navigation and Navigable Waters, amending sections 313d, 8512, 8518 to 8521, 8531, and 8532 of this title and sections 4001 to 4002 and 4009 of Title 33, enacting provisions set out as a note under section 4001 of Title 33, and amending provisions set out as a note under section 313d of this title] may be cited as the ‘National Integrated Drought Information System Reauthorization Act of 2018’.”
heading: Short Title
text: Pub. L. 115–25, § 1(a), Apr. 18, 2017, 131 Stat. 91, provided that: “This Act [enacting this chapter and sections 3206a and 3208 of Title 33, Navigation and Navigable Waters, amending sections 3201 to 3207 of Title 33, and enacting and repealing provisions set out as notes under section 3201 of Title 33] may be cited as the ‘Weather Research and Forecasting Innovation Act of 2017’.”
15 U.S.C. § 8519 (COMMERCE AND TRADE)
§ 8519. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the Office of Oceanic and Atmospheric Research to carry out this subchapter—
(1) $136,516,000 for fiscal year 2019, of which—
(A) $85,758,000 is authorized for weather laboratories and cooperative institutes;
(B) $30,758,000 is authorized for weather and air chemistry research programs; and
(C) $20,000,000 is authorized for the joint technology transfer initiative described in section 8512(b)(4) of this title;
(2) $148,154,000 for fiscal year 2020, of which—
(A) $87,258,000 is authorized for weather laboratories and cooperative institutes;
(B) $40,896,000 is authorized for weather and air chemistry research programs; and
(C) $20,000,000 is authorized for the joint technology transfer initiative described in section 8512(b)(4) of this title;
(3) $150,154,000 for fiscal year 2021, of which—
(A) $88,758,000 is authorized for weather laboratories and cooperative institutes;
(B) $41,396,000 is authorized for weather and air chemistry research programs; and
(C) $20,000,000 is authorized for the joint technology transfer initiative described in section 8512(b)(4) of this title;
(4) $152,154,000 for fiscal year 2022, of which—
(A) $90,258,000 is authorized for weather laboratories and cooperative institutes;
(B) $41,896,000 is authorized for weather and air chemistry research programs; and
(C) $20,000,000 is authorized for the joint technology transfer initiative described in section 8512(b)(4) of this title; and
(5) $154,154,000 for fiscal year 2023, of which—
(A) $91,758,000 is authorized for weather laboratories and cooperative institutes;
(B) $42,396,000 is authorized for weather and air chemistry research programs; and
(C) $20,000,000 is authorized for the joint technology transfer initiative described in section 8512(b)(4) of this title.
(b) Limitation
No additional funds are authorized to carry out this subchapter and the amendments made by this title.1
(Pub. L. 115–25, title I, § 110, Apr. 18, 2017, 131 Stat. 98; Pub. L. 115–423, § 3(b), Jan. 7, 2019, 132 Stat. 5455.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 115–25, which enacted this subchapter and amended provisions formerly set out as a note under section 313 of this title, which is now classified to section 8520 of this title. For complete classification of title I to the Code, see Tables.
The amendments made by this title, referred to in subsec. (b), mean the amendments made by title I of Pub. L. 115–25, which amended provisions formerly set out as a note under section 313 of this title and which is now classified to section 8520 of this title.
heading: Amendments
text: 2019—Pub. L. 115–423 amended section generally. Prior to amendment, section related to authorization of appropriations for fiscal years 2017 and 2018.
15 U.S.C. § 8547 (COMMERCE AND TRADE)
§ 8547. Report on contract positions at National Weather Service
(a) Report required
Not later than 180 days after April 18, 2017, the Under Secretary shall submit to Congress a report on the use of contractors at the National Weather Service for the most recently completed fiscal year.
(b) Contents
The report required by subsection (a) shall include, with respect to the most recently completed fiscal year, the following:
(1) The total number of full-time equivalent employees at the National Weather Service, disaggregated by each equivalent level of the General Schedule.
(2) The total number of full-time equivalent contractors at the National Weather Service, disaggregated by each equivalent level of the General Schedule that most closely approximates their duties.
(3) The total number of vacant positions at the National Weather Service on the day before April 18, 2017, disaggregated by each equivalent level of the General Schedule.
(4) The five most common positions filled by full-time equivalent contractors at the National Weather Service and the equivalent level of the General Schedule that most closely approximates the duties of such positions.
(5) Of the positions identified under paragraph (4), the percentage of full-time equivalent contractors in those positions that have held a prior position at the National Weather Service or another entity in National 1 Oceanic and Atmospheric Administration.
(6) The average full-time equivalent salary for Federal employees at the National Weather Service for each equivalent level of the General Schedule.
(7) The average salary for full-time equivalent contractors performing at each equivalent level of the General Schedule at the National Weather Service.
(8) A description of any actions taken by the Under Secretary to respond to the issues raised by the Inspector General of the Department of Commerce regarding the hiring of former National Oceanic and Atmospheric Administration employees as contractors at the National Weather Service such as the issues raised in the Investigative Report dated June 2, 2015 (OIG–12–0447).
(c) Annual publication
For each fiscal year after the fiscal year covered by the report required by subsection (a), the Under Secretary shall, not later than 180 days after the completion of the fiscal year, publish on a publicly accessible Internet website the information described in paragraphs (1) through (8) of subsection (b) for such fiscal year.
(Pub. L. 115–25, title IV, § 410, Apr. 18, 2017, 131 Stat. 112.)
heading: Editorial Notes
heading: References in Text
text: The General Schedule, referred to in subsec. (b), is set out under section 5332 of Title 5, Government Organization and Employees.