dreamproit/uscode huggingface dataset:
15 U.S.C. § 6553 (COMMERCE AND TRADE)
§ 6553. Annual reports
The Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives not later than March 31 of each year that describes the activities carried out under section 6552 1 of this title by the Commission during the preceding calendar year.
(Pub. L. 110–385, title II, § 213, Oct. 10, 2008, 122 Stat. 4103.)
heading: Editorial Notes
heading: References in Text
text: Section 6552 of this title, referred to in text, was in the original “section 103” and was translated as reading “section 212”, meaning section 212 of Pub. L. 110–385, to reflect the probable intent of Congress. See sections 102 and 103 of S. 1965 (110th Cong., 2d Sess.) as passed by the Senate on May 22, 2008.
15 U.S.C. § 6554 (COMMERCE AND TRADE)
§ 6554. Online Safety and Technology working group
(a) Establishment
Within 90 days after October 10, 2008, the Assistant Secretary of Commerce for Communications and Information shall establish an Online Safety and Technology working group comprised of representatives of relevant sectors of the business community, public interest groups, and other appropriate groups and Federal agencies to review and evaluate—
(1) the status of industry efforts to promote online safety through educational efforts, parental control technology, blocking and filtering software, age-appropriate labels for content or other technologies or initiatives designed to promote a safe online environment for children;
(2) the status of industry efforts to promote online safety among providers of electronic communications services and remote computing services by reporting apparent child pornography under section 13032 1 of title 42, including any obstacles to such reporting;
(3) the practices of electronic communications service providers and remote computing service providers related to record retention in connection with crimes against children; and
(4) the development of technologies to help parents shield their children from inappropriate material on the Internet.
(b) Report
Within 1 year after the working group is first convened, it shall submit a report to the Assistant Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives that—
(1) describes in detail its findings, including any information related to the effectiveness of such strategies and technologies and any information about the prevalence within industry of educational campaigns, parental control technologies, blocking and filtering software, labeling, or other technologies to assist parents; and
(2) includes recommendations as to what types of incentives could be used or developed to increase the effectiveness and implementation of such strategies and technologies.
(c) FACA not to apply to working group
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group.
(Pub. L. 110–385, title II, § 214, Oct. 10, 2008, 122 Stat. 4103.)
heading: Editorial Notes
heading: References in Text
text: Section 13032 of title 42, referred to in the original in subsec. (a)(2), probably should have been a reference to section 227 of Pub. L. 101–647, which was classified to section 13032 of title 42, prior to repeal by Pub. L. 110–401, title V, § 501(b)(1), Oct. 13, 2008, 122 Stat. 4251.
The Federal Advisory Committee Act, referred to in subsec. (c), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
15 U.S.C. § 6555 (COMMERCE AND TRADE)
§ 6555. Definitions
In this chapter:
(1) Commission
The term “Commission” means the Federal Trade Commission.
(2) Internet
The term “Internet” means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor successor 1 protocols to such protocol, to communicate information of all kinds by wire or radio.
(Pub. L. 110–385, title II, § 216, Oct. 10, 2008, 122 Stat. 4104.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 110–385, Oct. 10, 2008, 122 Stat. 4102, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 6551 of this title and Tables.
15 U.S.C. § 6604 (COMMERCE AND TRADE)
§ 6604. Punitive damages limitations
(a) In general
In any Y2K action in which punitive damages are permitted by applicable law, the defendant shall not be liable for punitive damages unless the plaintiff proves by clear and convincing evidence that the applicable standard for awarding damages has been met.
(b) Caps on punitive damages
(1) In general
Subject to the evidentiary standard established by subsection (a), punitive damages permitted under applicable law against a defendant described in paragraph (2) in a Y2K action may not exceed the lesser of—
(A) three times the amount awarded for compensatory damages; or
(B) $250,000.
(2) Defendant described
A defendant described in this paragraph is a defendant—
(A) who—
(i) is sued in his or her capacity as an individual; and
(ii) whose net worth does not exceed $500,000; or
(B) that is an unincorporated business, a partnership, corporation, association, or organization, with fewer than 50 full-time employees.
(3) No cap if injury specifically intended
Paragraph (1) does not apply if the plaintiff establishes by clear and convincing evidence that the defendant acted with specific intent to injure the plaintiff.
(c) Government entities
Punitive damages in a Y2K action may not be awarded against a government entity.
(d) Institutions of higher education
(1) In general
Subject to paragraph (2), punitive damages in a Y2K action may not be awarded against an instituion 1 of higher education as defined in section 1001(a) of title 20.
(2) Exception
Paragraph (1) shall not apply to an institution of higher education if the Y2K failure in the Y2K action occurred in a computer-based student financial aid system of that institution of higher education, and the institution—
(A) has passed Y2K data exchange testing with the Department of Education; or
(B) is not or was not in the process of performing data exchange testing with the Department of Education at the time the Department terminates such testing.
(Pub. L. 106–37, § 5, July 20, 1999, 113 Stat. 192; Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 311], Nov. 29, 1999, 113 Stat. 1535, 1501A–265.)
heading: Editorial Notes
heading: Amendments
text: 1999—Subsec. (d). Pub. L. 106–113 added subsec. (d).
15 U.S.C. § 6607 (COMMERCE AND TRADE)
§ 6607. Pleading requirements
(a) Application with rules of civil procedure
This section applies exclusively to Y2K actions and, except to the extent that this section requires additional information to be contained in or attached to pleadings, nothing in this section is intended to amend or otherwise supersede applicable rules of Federal or State civil procedure.
(b) Nature and amount of damages
In all Y2K actions in which damages are requested, there shall be filed with the complaint a statement of specific information as to the nature and amount of each element of damages and the factual basis for the damages calculation.
(c) Material defects
In any Y2K action in which the plaintiff alleges that there is a material defect in a product or service, there shall be filed with the complaint a statement of specific information regarding the manifestations of the material defects and the facts supporting a conclusion that the defects are material.
(d) Required state of mind
In any Y2K action in which a claim is asserted on which the plaintiff may prevail only on proof that the defendant acted with a particular state of mind, there shall be filed with the complaint, with respect to each element of that claim, a statement of the facts giving rise to a strong inference that the defendant acted with the required state of mind.
(Pub. L. 106–37, § 8, July 20, 1999, 113 Stat. 198.)
heading: Editorial Notes
heading: References in Text
text: Rules of Federal civil procedure, referred to in subsec. (a), are contained in the Federal Rules of Civil Procedure which are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
15 U.S.C. § 6613 (COMMERCE AND TRADE)
§ 6613. Appointment of special masters or magistrate judges for Y2K actions
Any district court of the United States in which a Y2K action is pending may appoint a special master or a magistrate judge to hear the matter and to make findings of fact and conclusions of law in accordance with Rule 53 of the Federal Rules of Civil Procedure.
(Pub. L. 106–37, § 14, July 20, 1999, 113 Stat. 201.)
heading: Editorial Notes
heading: References in Text
text: Rule 53 of the Federal Rules of Civil Procedure, referred to in text, is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
15 U.S.C. § 6616 (COMMERCE AND TRADE)
§ 6616. Admissible evidence ultimate issue in State courts
Any party to a Y2K action in a State court in a State that has not adopted a rule of evidence substantially similar to Rule 704 of the Federal Rules of Evidence may introduce in such action evidence that would be admissible if Rule 704 applied in that jurisdiction.
(Pub. L. 106–37, § 17, July 20, 1999, 113 Stat. 202.)
heading: Editorial Notes
heading: References in Text
text: Rule 704 of the Federal Rules of Evidence, referred to in text, is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
15 U.S.C. § 6713 (COMMERCE AND TRADE)
§ 6713. Title insurance activities of national banks and their affiliates
(a) General prohibition
No national bank may engage in any activity involving the underwriting or sale of title insurance.
(b) Nondiscrimination parity exception
(1) In general
Notwithstanding any other provision of law (including section 6701 of this title), in the case of any State in which banks organized under the laws of such State are authorized to sell title insurance as agent, a national bank may sell title insurance as agent in such State, but only in the same manner, to the same extent, and under the same restrictions as such State banks are authorized to sell title insurance as agent in such State.
(2) Coordination with “wildcard” provision
A State law which authorizes State banks to engage in any activities in such State in which a national bank may engage shall not be treated as a statute which authorizes State banks to sell title insurance as agent, for purposes of paragraph (1).
(c) Grandfathering with consistent regulation
(1) In general
Except as provided in paragraphs (2) and (3) and notwithstanding subsections (a) and (b), a national bank, and a subsidiary of a national bank, may conduct title insurance activities which such national bank or subsidiary was actively and lawfully conducting before November 12, 1999.
(2) Insurance affiliate
In the case of a national bank which has an affiliate which provides insurance as principal and is not a subsidiary of the bank, the national bank and any subsidiary of the national bank may not engage in the underwriting of title insurance pursuant to paragraph (1).
(3) Insurance subsidiary
In the case of a national bank which has a subsidiary which provides insurance as principal and has no affiliate other than a subsidiary which provides insurance as principal, the national bank may not directly engage in any activity involving the underwriting of title insurance.
(d) “Affiliate” and “subsidiary” defined
For purposes of this section, the terms “affiliate” and “subsidiary” have the same meanings as in section 1841 of title 12.
(e) Rule of construction
No provision of this Act or any other Federal law shall be construed as superseding or affecting a State law which was in effect before November 12, 1999, and which prohibits title insurance from being offered, provided, or sold in such State, or from being underwritten with respect to real property in such State, by any person whatsoever.
(Pub. L. 106–102, title III, § 303, Nov. 12, 1999, 113 Stat. 1408.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (e), is Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338, known as the Gramm-Leach-Bliley Act. For complete classification of this Act to the Code, see Short Title of 1999 Amendment note set out under section 1811 of Title 12, Banks and Banking, and Tables.
15 U.S.C. § 6717 (COMMERCE AND TRADE)
§ 6717. Definition of State
For purposes of this subchapter, the term “State” means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
(Pub. L. 106–102, title III, § 308, Nov. 12, 1999, 113 Stat. 1417.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in original “this subtitle”, meaning subtitle A (§ 301 et seq.) of title III of Pub. L. 106–102, which enacted this subchapter and section 1831x of Title 12, Banks and Banking. For complete classification of this subtitle to the Code, see Tables.
heading: Executive Documents
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. § 6731 (COMMERCE AND TRADE)
§ 6731. General application
This subchapter shall only apply to a mutual insurance company in a State which has not enacted a law which expressly establishes reasonable terms and conditions for a mutual insurance company domiciled in such State to reorganize into a mutual holding company.
(Pub. L. 106–102, title III, § 311, Nov. 12, 1999, 113 Stat. 1417.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 106–102, title III, § 316, Nov. 12, 1999, 113 Stat. 1422, provided that: “This subtitle [subtitle B (§§ 311–316) of title III of Pub. L. 106–102, enacting this subchapter] shall take effect on the date of the enactment of this Act [Nov. 12, 1999].”
15 U.S.C. § 6734 (COMMERCE AND TRADE)
§ 6734. Other provisions
(a) Judicial review
The appropriate United States district court shall have exclusive jurisdiction over litigation arising under this section 1 involving any redomesticating or redomesticated insurer.
(b) Severability
If any provision of this section,1 or the application thereof to any person or circumstances, is held invalid, the remainder of the section,1 and the application of such provision to other persons or circumstances, shall not be affected thereby.
(Pub. L. 106–102, title III, § 314, Nov. 12, 1999, 113 Stat. 1420.)
heading: Editorial Notes
heading: References in Text
text: This section, referred to in text, probably should be a reference to this subtitle, meaning subtitle B (§§ 311–316) of title III of Pub. L. 106–102, which is classified generally to this subchapter.
15 U.S.C. § 6751 (COMMERCE AND TRADE)
§ 6751. National Association of Registered Agents and Brokers
(a) Establishment
There is established the National Association of Registered Agents and Brokers (referred to in this subchapter as the “Association”).
(b) Status
The Association shall—
(1) be a nonprofit corporation;
(2) not be an agent or instrumentality of the Federal Government;
(3) be an independent organization that may not be merged with or into any other private or public entity; and
(4) except as otherwise provided in this subchapter, be subject to, and have all the powers conferred upon, a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–301.01 et seq.) or any successor thereto.
(Pub. L. 106–102, title III, § 321, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 13.)
heading: Editorial Notes
heading: References in Text
text: The District of Columbia Nonprofit Corporation Act, referred to in subsec. (b)(4), is Pub. L. 87–569, Aug. 6, 1962, 76 Stat. 265, which is not classified to the Code.
heading: Prior Provisions
text: Provisions similar to this section were contained in section 6752 of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.
A prior section 6751, Pub. L. 106–102, title III, § 321, Nov. 12, 1999, 113 Stat. 1422, related to State flexibility in multistate licensing reforms, prior to the general amendment of this subchapter by Pub. L. 114–1.
15 U.S.C. § 6752 (COMMERCE AND TRADE)
§ 6752. Purpose
The purpose of the Association shall be to provide a mechanism through which licensing, continuing education, and other nonresident insurance producer qualification requirements and conditions may be adopted and applied on a multi-state basis without affecting the laws, rules, and regulations, and preserving the rights of a State, pertaining to—
(1) licensing, continuing education, and other qualification requirements of insurance producers that are not members of the Association;
(2) resident or nonresident insurance producer appointment requirements;
(3) supervising and disciplining resident and nonresident insurance producers;
(4) establishing licensing fees for resident and nonresident insurance producers so that there is no loss of insurance producer licensing revenue to the State; and
(5) prescribing and enforcing laws and regulations regulating the conduct of resident and nonresident insurance producers.
(Pub. L. 106–102, title III, § 322, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 13.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to this section were contained in section 6753 of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.
A prior section 6752, Pub. L. 106–102, title III, § 322, Nov. 12, 1999, 113 Stat. 1424, related to National Association of Registered Agents and Brokers, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6751 of this title.
15 U.S.C. § 6755 (COMMERCE AND TRADE)
§ 6755. Bylaws, standards, and disciplinary actions
(a) Adoption and amendment of bylaws and standards
(1) Procedures
The Association shall adopt procedures for the adoption of bylaws and standards that are similar to procedures under subchapter II of chapter 5 of title 5 (commonly known as the “Administrative Procedure Act”).
(2) Copy required to be filed
The Board shall submit to the President, through the Department of the Treasury, and the States (including State insurance regulators), and shall publish on the website of the Association, all proposed bylaws and standards of the Association, or any proposed amendment to the bylaws or standards of the Association, accompanied by a concise general statement of the basis and purpose of such proposal.
(3) Effective date
Any proposed bylaw or standard of the Association, and any proposed amendment to the bylaws or standards of the Association, shall take effect, after notice under paragraph (2) and opportunity for public comment, on such date as the Association may designate, unless suspended under section 6759(c) of this title.
(4) Rule of construction
Nothing in this section shall be construed to subject the Board or the Association to the requirements of subchapter II of chapter 5 of title 5 (commonly known as the “Administrative Procedure Act”).
(b) Disciplinary action by the Association
(1) Specification of charges
In any proceeding to determine whether membership shall be denied, suspended, revoked, or not renewed, or to determine whether a member of the Association should be placed on probation (referred to in this section as a “disciplinary action”) or whether to assess fines or monetary penalties, the Association shall bring specific charges, notify the member of the charges, give the member an opportunity to defend against the charges, and keep a record.
(2) Supporting statement
A determination to take disciplinary action shall be supported by a statement setting forth—
(A) any act or practice in which the member has been found to have been engaged;
(B) the specific provision of this subchapter or standard of the Association that any such act or practice is deemed to violate; and
(C) the sanction imposed and the reason for the sanction.
(3) Ineligibility of private sector representatives
Board members appointed pursuant to section 6754(c)(3) of this title may not—
(A) participate in any disciplinary action or be counted toward establishing a quorum during a disciplinary action; and
(B) have access to confidential information concerning any disciplinary action.
(Pub. L. 106–102, title III, § 325, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 23.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to this section were contained in section 6758 of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.
A prior section 6755, Pub. L. 106–102, title III, § 325, Nov. 12, 1999, 113 Stat. 1424, related to membership in the Association, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6753 of this title.
15 U.S.C. § 6756 (COMMERCE AND TRADE)
§ 6756. Powers
In addition to all the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act, the Association shall have the power to—
(1) establish and collect such membership fees as the Association finds necessary to impose to cover the costs of its operations;
(2) adopt, amend, and repeal bylaws, procedures, or standards governing the conduct of Association business and performance of its duties;
(3) establish procedures for providing notice and opportunity for comment pursuant to section 6755(a) of this title;
(4) enter into and perform such agreements as necessary to carry out the duties of the Association;
(5) hire employees, professionals, or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of this subchapter, and determine their qualification;
(6) establish personnel policies of the Association and programs relating to, among other things, conflicts of interest, rates of compensation, where applicable, and qualifications of personnel;
(7) borrow money; and
(8) secure funding for such amounts as the Association determines to be necessary and appropriate to organize and begin operations of the Association, which shall be treated as loans to be repaid by the Association with interest at market rate.
(Pub. L. 106–102, title III, § 326, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 24.)
heading: Editorial Notes
heading: References in Text
text: The District of Columbia Nonprofit Corporation Act, referred to in text, is Pub. L. 87–569, Aug. 6, 1962, 76 Stat. 265, which is not classified to the Code.
heading: Prior Provisions
text: A prior section 6756, Pub. L. 106–102, title III, § 326, Nov. 12, 1999, 113 Stat. 1426, related to board of directors, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6754 of this title.