dreamproit/uscode huggingface dataset:
15 U.S.C. § 4108 (COMMERCE AND TRADE)
§ 4108. Arctic research plan
(a) The Interagency Committee, in consultation with the Commission, the Governor of the State of Alaska, the residents of the Arctic, the private sector, and public interest groups, shall prepare a comprehensive 5-year program plan (hereinafter referred to as the “Plan”) for the overall Federal effort in Arctic research. The Plan shall be prepared and submitted to the President for transmittal to the Congress within one year after July 31, 1984, and shall be revised biennially thereafter.
(b) The Plan shall contain but need not be limited to the following elements:
(1) an assessment of national needs and problems regarding the Arctic and the research necessary to address those needs or problems;
(2) a statement of the goals and objectives of the Interagency Committee for national Arctic research;
(3) a detailed listing of all existing Federal programs relating to Arctic research, including the existing goals, funding levels for each of the 5 following fiscal years, and the funds currently being expended to conduct the programs;
(4) recommendations for necessary program changes and other proposals to meet the requirements of the policy and goals as set forth by the Commission and in the Plan as currently in effect; and
(5) a description of the actions taken by the Interagency Committee to coordinate the budget review process in order to ensure interagency coordination and cooperation in (A) carrying out Federal Arctic research programs, and (B) eliminating unnecessary duplication of effort among these programs.
(Pub. L. 98–373, title I, § 109, July 31, 1984, 98 Stat. 1247.)
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the biennial revision required under subsec. (a) of this section is listed on page 174), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance.
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under subsec. (a) delegated to Director of the National Science Foundation, see Memorandum of President of the United States, Feb. 17, 2005, 70 F.R. 9841, set out as a note under section 4107 of this title.
15 U.S.C. § 4109 (COMMERCE AND TRADE)
§ 4109. Coordination and review of budget requests; Office of Science and Technology Policy; Office of Management and Budget
(a) The Office of Science and Technology Policy shall—
(1) review all agency and department budget requests related to the Arctic transmitted pursuant to section 4107(a)(5) of this title, in accordance with the national Arctic research policy and the 5-year program under section 4107(a)(2) and section 4108 of this title, respectively; and
(2) consult closely with the Interagency Committee and the Commission to guide the Office of Science and Technology Policy’s efforts.
(b)
(1) The Office of Management and Budget shall consider all Federal agency requests for research related to the Arctic as one integrated, coherent, and multiagency request which shall be reviewed by the Office of Management and Budget prior to submission of the President’s annual budget request for its adherence to the Plan. The Commission shall, after submission of the President’s annual budget request, review the request and report to Congress on adherence to the Plan.
(2) The Office of Management and Budget shall seek to facilitate planning for the design, procurement, maintenance, deployment, and operations of icebreakers needed to provide a platform for Arctic research by allocating all funds necessary to support icebreaking operations, except for recurring incremental costs associated with specific projects, to the Coast Guard.
(Pub. L. 98–373, title I, § 110, July 31, 1984, 98 Stat. 1248.)
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the review of the President’s annual budget request and report to Congress under subsec. (b)(1) of this section is listed on page 155), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
15 U.S.C. § 4201...4204 (COMMERCE AND TRADE)
§§ 4201 to 4204. Repealed. Pub. L. 102–555, § 4, Oct. 28, 1992, 106 Stat. 4166
text: Section 4201, Pub. L. 98–365, title I, § 101, July 17, 1984, 98 Stat. 451, related to Congressional findings for chapter.
text: Section 4202, Pub. L. 98–365, title I, § 102, July 17, 1984, 98 Stat. 452, related to Congressional declaration of purpose of chapter.
text: Section 4203, Pub. L. 98–365, title I, § 103, July 17, 1984, 98 Stat. 452, related to Federal policy concerning acquisition and dissemination of remote-sensing data, availability of civilian unenhanced remote-sensing data, and commercialization of remote-sensing space systems with governmental retention of essentially public service functions.
text: Section 4204, Pub. L. 98–365, title I, § 104, July 17, 1984, 98 Stat. 452, related to definitions for chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 98–365, § 1, July 17, 1984, 98 Stat. 451, which provided that such Act was to be cited as the “Land Remote-Sensing Commercialization Act of 1984”, was repealed by Pub. L. 102–555, § 4, Oct. 28, 1992, 106 Stat. 4166.
15 U.S.C. § 4302 (COMMERCE AND TRADE)
§ 4302. Rule of reason standard
In any action under the antitrust laws, or under any State law similar to the antitrust laws, the conduct of—
(1) any person in making or performing a contract to carry out a joint venture, or
(2) a standards development organization while engaged in a standards development activity,
shall not be deemed illegal per se; such conduct shall be judged on the basis of its reasonableness, taking into account all relevant factors affecting competition, including, but not limited to, effects on competition in properly defined, relevant research, development, product, process, and service markets. For the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered to the extent that it may be appropriate in the circumstances.
(Pub. L. 98–462, § 3, Oct. 11, 1984, 98 Stat. 1816; Pub. L. 103–42, § 3(d), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 104, June 22, 2004, 118 Stat. 663.)
heading: Editorial Notes
heading: Amendments
text: 2004—Pub. L. 108–237 substituted “of—
“(1) any person in making or performing a contract to carry out a joint venture, or
“(2) a standards development organization while engaged in a standards development activity,
shall” for “of any person in making or performing a contract to carry out a joint venture shall”.
1993—Pub. L. 103–42 substituted “joint venture” for “joint research and development venture” and “, development, product, process, and service” for “and development” and inserted at end “For the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered to the extent that it may be appropriate in the circumstances.”
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: Editorial Notes
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.
15 U.S.C. § 4401 (COMMERCE AND TRADE)
§ 4401. Public education
(a) Development
(1) The Secretary of Health and Human Services shall establish and carry out a program to inform the public of any dangers to human health resulting from the use of smokeless tobacco products. In carrying out such program the Secretary shall—
(A) develop educational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless tobacco;
(B) make such programs, materials, and announcements available to States, local governments, school systems, the media, and such other entities as the Secretary determines appropriate to further the purposes of this chapter;
(C) conduct and support research on the effect of smokeless tobacco on human health; and
(D) collect, analyze, and disseminate information and studies on smokeless tobacco and health.
(2) In developing programs, materials, and announcements under paragraph (1) the Secretary shall consult with the Secretary of Education, medical and public health entities, consumer groups, representatives of manufacturers of smokeless tobacco products, and other appropriate entities.
(b) Assistance
The Secretary of Health and Human Services may provide technical assistance and may make grants to States—
(1) to assist in the development of educational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless tobacco,
(2) to assist in the distribution of such programs, materials, and announcements throughout the States, and
(3) to establish 18 as the minimum age for the purchase of smokeless tobacco.
(Pub. L. 99–252, § 2, Feb. 27, 1986, 100 Stat. 30.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 99–252, § 11, Feb. 27, 1986, 100 Stat. 35, provided that:
“(a) In General.—
Except as provided in sections 3(f) and 5(b) [sections 4402(f) and 4404(b) of this title] and subsection (b), this Act [enacting this chapter and amending section 342 of Title 21, Food and Drugs] shall take effect one year after the date of enactment of this Act [Feb. 27, 1986].
“(b) Exception.—
Sections 2, 3(b), 3(c), 3(d), 3(e), 4(b), 7, 8, 9 [sections 4401, 4402(b) to (e), 4403(b), and 4406 to 4408 of this title], and 10 [amending section 342 of Title 21] shall take effect on the date of the enactment of this Act [Feb. 27, 1986].”
heading: Short Title
text: Pub. L. 99–252, § 1, Feb. 27, 1986, 100 Stat. 30, provided that: “This Act [enacting this chapter and amending section 342 of Title 21, Food and Drugs] may be cited as the ‘Comprehensive Smokeless Tobacco Health Education Act of 1986’.”
15 U.S.C. § 4404 (COMMERCE AND TRADE)
§ 4404. Enforcement, regulations, and construction
(a) Enforcement
(1) A violation of section 4402 of this title or the regulations promulgated pursuant to this chapter shall be considered a violation of section 45 of this title.
(2) Any person who is found to violate any provision of section 4402 or 4403(a) of this title shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000.
(b) Regulations under section 4402 of this title
(1) Regulations issued by the Federal Trade Commission under section 4402 of this title shall be issued in accordance with section 553 of title 5.
(2) Not later than 180 days after February 27, 1986, the Federal Trade Commission shall promulgate such regulations as it may require to implement section 4402 of this title.
(c) Construction
Nothing in this chapter (other than the requirements of sections 4402 and 4403 of this title) shall be construed to limit, restrict, or expand the authority of the Federal Trade Commission with respect to unfair or deceptive acts or practices in the advertising of smokeless tobacco products.
(Pub. L. 99–252, § 5, Feb. 27, 1986, 100 Stat. 33.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Subsecs. (a) and (c) effective one year after Feb. 27, 1986, see section 11(a) of Pub. L. 99–252, set out as a note under section 4401 of this title.
15 U.S.C. § 4405 (COMMERCE AND TRADE)
§ 4405. Injunctions
The several district courts of the United States are vested with jurisdiction, for cause shown, to prevent and restrain violations of sections 4402 and 4403 of this title upon application of the Federal Trade Commission in the case of a violation of section 4402 of this title or upon application of the Attorney General of the United States acting through the several United States attorneys in their several districts in the case of a violation of section 4402 or 4403 of this title.
(Pub. L. 99–252, § 6, Feb. 27, 1986, 100 Stat. 33.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective one year after Feb. 27, 1986, see section 11(a) of Pub. L. 99–252, set out as a note under section 4401 of this title.
15 U.S.C. § 4406 (COMMERCE AND TRADE)
§ 4406. Preemption
(a) Federal action
Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no statement relating to the use of smokeless tobacco products and health, other than the statements required by section 4402 of this title, shall be required by any Federal agency to appear on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product.
(b) State and local action
No statement relating to the use of smokeless tobacco products and health, other than the statements required by section 4402 of this title, shall be required by any State or local statute or regulation to be included on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product.
(c) Effect on liability law
Nothing in this chapter shall relieve any person from liability at common law or under State statutory law to any other person.
(Pub. L. 99–252, § 7, Feb. 27, 1986, 100 Stat. 34; Pub. L. 111–31, div. A, title II, § 205(b), June 22, 2009, 123 Stat. 1849.)
heading: Editorial Notes
heading: References in Text
text: The Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (a), is div. A of Pub. L. 111–31, June 22, 2009, 123 Stat. 1776. For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under section 301 of Title 21, Food and Drugs, and Tables.
heading: Amendments
text: 2009—Subsec. (a). Pub. L. 111–31 substituted “Except as provided in the Family Smoking Prevention and Tobacco Control Act (and the amendments made by that Act), no” for “No”.
15 U.S.C. § 4407 (COMMERCE AND TRADE)
§ 4407. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 99–252, § 8, Feb. 27, 1986, 100 Stat. 34, which required the Secretary of Health and Human Services and the Federal Trade Commission to transmit biennial reports to Congress on smokeless tobacco products, 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, pages 95 and 173 of House Document No. 103–7.
15 U.S.C. § 4408 (COMMERCE AND TRADE)
§ 4408. Definitions
For purposes of this chapter:
(1) The term “smokeless tobacco” has the meaning given such term by section 387(18) of title 21.
(2) The term “commerce” means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island.
(3) The term “United States”, when used in a geographical sense, includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and installations of the Armed Forces.
(4) The term “package” means a pack, box, carton, pouch, or container of any kind in which smokeless tobacco products are offered for sale, sold, or otherwise distributed to consumers.
(5) The term “sale or distribution” includes sampling or any other distribution not for sale.
(6) The term “Secretary” means the Secretary of Health and Human Services.
(Pub. L. 99–252, § 9, Feb. 27, 1986, 100 Stat. 34; Pub. L. 111–31, div. A, title I, § 101(c), June 22, 2009, 123 Stat. 1830.)
heading: Editorial Notes
heading: Amendments
text: 2009—Par. (1). Pub. L. 111–31 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘smokeless tobacco’ means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.”
15 U.S.C. § 4502 (COMMERCE AND TRADE)
§ 4502. Identification and disbursement of restitutionary amounts
(a) In general
(1) Subject to paragraph (2)—
(A) all rulings, policies, or other statements (including any administrative order or settlement agreement) issued after October 21, 1986, by any office, official, or employee of the Department of Energy; and
(B) all orders, including declaratory judgments, issued by any court after October 21, 1986,
shall be consistent with the provisions of this chapter.
(2) Nothing in this section shall affect the settlement approved on July 7, 1986, in In Re: the Department of Energy Stripper Well Exemption Litigation, M.D.L. No. 378, in the United States District Court for the District of Kansas.
(b) to (d) Repealed. Pub. L. 99–509, title III, § 3003(e), as added Pub. L. 105–277, div. A, § 101(e) [title III, § 337], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295
(e) Repeal of subsections (b) to (d); equitable distribution of escrow remainder to claimants
Subsections (b), (c), and (d) of this section are repealed, and any rights that may have arisen are extinguished, on the date of the enactment of the Department of the Interior and Related Agencies Appropriations Act, 1999. After that date, the amount available for direct restitution to current and future refined petroleum product claimants under this chapter is reduced by the amounts specified in title II of that Act as being derived from amounts held in escrow under section 4501(d) of this title. The Secretary shall assure that the amount remaining in escrow to satisfy refined petroleum product claims for direct restitution is allocated equitably among the claimants.
(Pub. L. 99–509, title III, § 3003, Oct. 21, 1986, 100 Stat. 1882; Pub. L. 105–277, div. A, § 101(e) [title III, § 337], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295.)
heading: Editorial Notes
heading: References in Text
text: The Department of the Interior and Related Agencies Appropriations Act, 1999, referred to in subsec. (e), is section 101(e) of div. A of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–231. Provisions of title II of the Act relating to amounts held in escrow under section 4501(d) of this title (112 Stat. 2681–276) are not classified to the Code. For complete classification of this Act to the Code, see Tables.
This chapter, referred to in subsec. (e), was in the original “this Act”, which was translated as meaning this subtitle, which enacted this chapter, to reflect the probable intent of Congress.
heading: Amendments
text: 1998—Subsecs. (b) to (e). Pub. L. 105–277 added subsec. (e) which struck out subsec. (b) relating to disbursement of restitutionary amounts as direct restitution to injured persons, subsec. (c) relating to determination of excess amount to be used for indirect restitution, and subsec. (d) relating to disbursement of excess amount as indirect restitution for energy conservation programs.
15 U.S.C. § 4503 (COMMERCE AND TRADE)
§ 4503. Deposit of remainder of excess amount into Treasury as indirect restitution
The amount that remains from the excess amount described in section 4502(c) 1 of this title after all disbursements have been made for a fiscal year under section 4502(d) 1 of this title shall be deposited by the Secretary of the Treasury into the general fund of the Treasury.
(Pub. L. 99–509, title III, § 3004, Oct. 21, 1986, 100 Stat. 1884.)
heading: Editorial Notes
heading: References in Text
text: Section 4502(c) and (d) of this title, referred to in text, was repealed by section 4502(e) of this title.
15 U.S.C. § 4506 (COMMERCE AND TRADE)
§ 4506. Termination
(a) In general
(1) Except as provided in subsection (b), the provisions of this chapter (other than section 4504 of this title) shall terminate 90 days after the Secretary—
(A) determines that all of the restitutionary amounts to which section 4501(a) of this title applies have been collected and disbursed as provided in this chapter; and
(B) submits to Congress the final report required by section 4505 of this title.
(2) Such final report shall include the determination (and the justification thereof) described in paragraph (1)(A). Such report shall also be published in the Federal Register.
(b) Exception
The requirements of section 4502(d) 1 of this title shall continue to be applicable to the use of restitutionary amounts received under this chapter as long as such funds remain available.
(Pub. L. 99–509, title III, § 3007, Oct. 21, 1986, 100 Stat. 1887.)
heading: Editorial Notes
heading: References in Text
text: Section 4502(d) of this title, referred to in subsec. (b), was repealed by section 4502(e) of this title.