dreamproit/uscode huggingface dataset:
15 U.S.C. § 8002 (COMMERCE AND TRADE)
§ 8002. Definitions
In this chapter:
(1) ASME/ANSI
The term “ASME/ANSI” as applied to a safety standard means such a standard that is accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers.
(2) Barrier
The term “barrier” includes a natural or constructed topographical feature that prevents unpermitted access by children to a swimming pool, and, with respect to a hot tub, a lockable cover.
(3) Commission
The term “Commission” means the Consumer Product Safety Commission.
(4) Main drain
The term “main drain” means a submerged suction outlet typically located at the bottom of a pool or spa to conduct water to a recirculating pump.
(5) Safety vacuum release system
The term “safety vacuum release system” means a vacuum release system capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to a suction outlet flow blockage.
(6) Swimming pool; spa
The term “swimming pool” or “spa” means any outdoor or indoor structure intended for swimming or recreational bathing, including in-ground and above-ground structures, and includes hot tubs, spas, portable spas, and non-portable wading pools.
(7) Unblockable drain
The term “unblockable drain” means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.
(8) State
The term “State” has the meaning given such term in section 2052(10) 1 of this title, and includes the Northern Mariana Islands. For purposes of eligibility for the grants authorized under section 8004 of this title, such term shall also include any political subdivision of a State.
(Pub. L. 110–140, title XIV, § 1403, Dec. 19, 2007, 121 Stat. 1795; Pub. L. 110–314, title II, § 238(1), Aug. 14, 2008, 122 Stat. 3076; Pub. L. 112–10, div. B, title V, § 1576(a), Apr. 15, 2011, 125 Stat. 139.)
heading: Editorial Notes
heading: References in Text
text: Section 2052(10) of this title, referred to in par. (8), was redesignated section 2052(15) of this title by Pub. L. 110–314, title II, § 235(b)(4), Aug. 14, 2008, 122 Stat. 3074.
heading: Amendments
text: 2011—Par. (8). Pub. L. 112–10 inserted at end “For purposes of eligibility for the grants authorized under section 8004 of this title, such term shall also include any political subdivision of a State.”
2008—Par. (8). Pub. L. 110–314 added par. (8).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
15 U.S.C. § 8006 (COMMERCE AND TRADE)
§ 8006. Education program
(a) In general
The Commission shall establish and carry out an education program to inform the public of methods to prevent drowning and entrapment in swimming pools and spas. In carrying out the program, the Commission shall develop—
(1) educational materials designed for pool manufacturers, pool service companies, and pool supply retail outlets;
(2) educational materials designed for pool owners and operators; and
(3) a national media campaign to promote awareness of pool and spa safety.
(b) Authorization of appropriations
There are authorized to be appropriated to the Commission for each of the fiscal years 2008 through 2012 $5,000,000 to carry out the education program authorized by subsection (a).
(Pub. L. 110–140, title XIV, § 1407, Dec. 19, 2007, 121 Stat. 1799.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
15 U.S.C. § 8007 (COMMERCE AND TRADE)
§ 8007. CPSC report
Not later than 1 year after the last day of each fiscal year for which grants are made under section 8004 of this title, the Commission shall submit to Congress a report evaluating the implementation of the grant program authorized by that section.
(Pub. L. 110–140, title XIV, § 1408, Dec. 19, 2007, 121 Stat. 1800.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
15 U.S.C. § 8008 (COMMERCE AND TRADE)
§ 8008. Applicability
This chapter 1 is applicable to the United States and its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.
(Pub. L. 110–140, title XIV, § 1409, as added Pub. L. 110–314, title II, § 238(3), Aug. 14, 2008, 122 Stat. 3076.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act” and was translated as reading “this title”, meaning title XIV of Pub. L. 110–140, known as the Virginia Graeme Baker Pool and Spa Safety Act, to reflect the probable intent of Congress.
15 U.S.C. § 8101 (COMMERCE AND TRADE)
§ 8101. Definition
In this Act, the term “United States person” means—
(1) any United States resident or national,
(2) any domestic concern (including any permanent domestic establishment of any foreign concern), and
(3) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern,
except that such term does not include an individual who resides outside the United States and is employed by an individual or entity other than an individual or entity described in paragraph (1), (2), or (3).
(Pub. L. 110–403, § 3, Oct. 13, 2008, 122 Stat. 4257.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4256, known as the Prioritizing Resources and Organization for Intellectual Property Act of 2008, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note below and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 110–403, § 1(a), Oct. 13, 2008, 122 Stat. 4256, provided that: “This Act [enacting this chapter, section 2323 of Title 18, Crimes and Criminal Procedure, and sections 3713a to 3713d of Title 42, The Public Health and Welfare, amending sections 1116 and 1117 of this title, sections 109, 111, 115, 119, 122, 411, 412, 503, 506, 601, and 602 of Title 17, Copyrights, sections 1834 and 2318 to 2320 of Title 18, section 1595a of Title 19, Customs Duties, and section 3713 of Title 42, and repealing section 1128 of this title and section 509 of Title 17] may be cited as the ‘Prioritizing Resources and Organization for Intellectual Property Act of 2008’.”
15 U.S.C. § 8112 (COMMERCE AND TRADE)
§ 8112. Definition
For purposes of this subchapter, the term “intellectual property enforcement” means matters relating to the enforcement of laws protecting copyrights, patents, trademarks, other forms of intellectual property, and trade secrets, both in the United States and abroad, including in particular matters relating to combating counterfeit and infringing goods.
(Pub. L. 110–403, title III, § 302, Oct. 13, 2008, 122 Stat. 4266.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title III of Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4264, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables.
15 U.S.C. § 8115 (COMMERCE AND TRADE)
§ 8115. Savings and repeals
(a) Transition from NIPLECC to IPEC
(1) Omitted
(2) Continuity of performance of duties
Upon confirmation by the Senate, and notwithstanding paragraph (1), the IPEC may use the services and personnel of the National Intellectual Property Law Enforcement Coordination Council, for such time as is reasonable, to perform any functions or duties which in the discretion of the IPEC are necessary to facilitate the orderly transition of any functions or duties transferred from the Council to the IPEC pursuant to any provision of this Act or any amendment made by this Act.
(b) Current authorities not affected
Except as provided in subsection (a), nothing in this subchapter shall alter the authority of any department or agency of the United States (including any independent agency) that relates to—
(1) the investigation and prosecution of violations of laws that protect intellectual property rights;
(2) the administrative enforcement, at the borders of the United States, of laws that protect intellectual property rights; or
(3) the United States trade agreements program or international trade.
(c) Rules of construction
Nothing in this subchapter—
(1) shall derogate from the powers, duties, and functions of any of the agencies, departments, or other entities listed or included under section 8111(b)(3)(A) of this title; and
(2) shall be construed to transfer authority regarding the control, use, or allocation of law enforcement resources, or the initiation or prosecution of individual cases or types of cases, from the responsible law enforcement department or agency.
(Pub. L. 110–403, title III, § 305, Oct. 13, 2008, 122 Stat. 4270.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (a)(2), is Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4256, known as the Prioritizing Resources and Organization for Intellectual Property Act of 2008, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 8101 of this title and Tables.
This subchapter, referred to in subsecs. (b) and (c), was in the original “this title”, meaning title III of Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4264, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables.
heading: Codification
text: Section is comprised of section 305 of Pub. L. 110–403. Subsec. (a)(1) of section 305 of Pub. L. 110–403 repealed section 1128 of this title.
15 U.S.C. § 8116 (COMMERCE AND TRADE)
§ 8116. Authorization of appropriations
(a) 1 In general
There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out this subchapter.
(Pub. L. 110–403, title III, § 306, Oct. 13, 2008, 122 Stat. 4270.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in subsec. (a), was in the original “this title”, meaning title III of Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4264, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables.
15 U.S.C. § 8131 (COMMERCE AND TRADE)
§ 8131. Cyberpiracy protections for individuals
(1) In general
(A) Civil liability
Any person who registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person’s consent, with the specific intent to profit from such name by selling the domain name for financial gain to that person or any third party, shall be liable in a civil action by such person.
(B) Exception
A person who in good faith registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar thereto, shall not be liable under this paragraph if such name is used in, affiliated with, or related to a work of authorship protected under title 17, including a work made for hire as defined in section 101 of title 17, and if the person registering the domain name is the copyright owner or licensee of the work, the person intends to sell the domain name in conjunction with the lawful exploitation of the work, and such registration is not prohibited by a contract between the registrant and the named person. The exception under this subparagraph shall apply only to a civil action brought under paragraph (1) and shall in no manner limit the protections afforded under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) or other provision of Federal or State law.
(2) Remedies
In any civil action brought under paragraph (1), a court may award injunctive relief, including the forfeiture or cancellation of the domain name or the transfer of the domain name to the plaintiff. The court may also, in its discretion, award costs and attorneys fees to the prevailing party.
(3) Definition
In this section, the term “domain name” has the meaning given that term in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127).
(4) Effective date
This section shall apply to domain names registered on or after November 29, 1999.
(Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3002(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–548.)
heading: Editorial Notes
heading: References in Text
text: The Trademark Act of 1946, referred to in par. (1)(B), is act July 5, 1946, ch. 540, 60 Stat. 427, also popularly known as the Lanham Act, which is classified generally to chapter 22 (§ 1051 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 1129 of this title.
Section was enacted as part of the Anticybersquatting Consumer Protection Act, and not as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, which comprises this chapter.
15 U.S.C. § 8231 (COMMERCE AND TRADE)
§ 8231. Rule of construction
Nothing in this chapter or the amendments made by this subtitle 1 shall be construed to modify, impair, or supersede the application of the antitrust laws. Any implied or actual conflict between this chapter and any amendments to this chapter and the antitrust laws shall be resolved in favor of the operation of the antitrust laws.
(Pub. L. 111–203, title V, § 541, July 21, 2010, 124 Stat. 1596.)
heading: Editorial Notes
heading: References in Text
text: This subtitle, referred to in text, is subtitle B (§§ 511–542) of title V of Pub. L. 111–203, which enacted this chapter and provisions set out as notes under section 8201 of this title. Subtitle B did not make any amendments.
15 U.S.C. § 8301 (COMMERCE AND TRADE)
§ 8301. Definitions
In this subtitle, the terms “prudential regulator”, “swap”, “swap dealer”, “major swap participant”, “swap data repository”, “associated person of a swap dealer or major swap participant”, “eligible contract participant”, “swap execution facility”, “security-based swap”, “security-based swap dealer”, “major security-based swap participant”, and “associated person of a security-based swap dealer or major security-based swap participant” have the meanings given the terms in section 1a of title 7, including any modification of the meanings under section 8321(a) of this title.
(Pub. L. 111–203, title VII, § 711, July 21, 2010, 124 Stat. 1641.)
heading: Editorial Notes
heading: References in Text
text: 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: 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 754 of Pub. L. 111–203, set out as an Effective Date of 2010 Amendment note under section 1a of Title 7, Agriculture.
heading: Short Title
text: Pub. L. 111–203, title VII, § 701, July 21, 2010, 124 Stat. 1641, provided that: “This title [enacting this chapter, sections 78c–2 to 78c–5, 78j–2, 78m–1, and 78o–10 of this title, and sections 1b, 6b–1, 6r to 6t, 7b–3, 24a, and 26 of Title 7, Agriculture, amending sections 77b, 77b–1, 77e, 77q, 78c, 78c–1, 78f, 78i, 78j, 78m, 78o, 78p, 78q–1, 78s, 78t, 78u–1, 78u–2, 78bb, 78dd, 78mm, 80a–2, and 80b–2 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, enacting provisions set out as notes under section 77b of this title and sections 1a, 2, 6a, 7a–1, 7a–3, and 9 of Title 7, and amending provisions set out as notes under section 78c of this title] may be cited as the ‘Wall Street Transparency and Accountability Act of 2010’.”
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. § 8321 (COMMERCE AND TRADE)
§ 8321. Authority to define terms
(a) Authority to define terms
The Commodity Futures Trading Commission may adopt a rule to define—
(1) the term “commercial risk”; and
(2) any other term included in an amendment to the Commodity Exchange Act (7 U.S.C. 1 et seq.) made by this subtitle.
(b) Modification of definitions
To include transactions and entities that have been structured to evade this subtitle (or an amendment made by this subtitle), the Commodity Futures Trading Commission shall adopt a rule to further define the terms “swap”, “swap dealer”, “major swap participant”, and “eligible contract participant”.
(Pub. L. 111–203, title VII, § 721(b), (c), July 21, 2010, 124 Stat. 1670.)
heading: Editorial Notes
heading: References in Text
text: 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.
The Commodity Exchange Act, referred to in subsec. (a)(2), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1 of Title 7 and Tables.
heading: Codification
text: Section is comprised of subsecs. (b) and (c) of section 721 of Pub. L. 111–203, which were redesignated as subsecs. (a) and (b), respectively, of this section for purposes of codification.
15 U.S.C. § 8322 (COMMERCE AND TRADE)
§ 8322. Authority of FERC
Nothing in the Wall Street Transparency and Accountability Act of 2010 or the amendments to the Commodity Exchange Act [7 U.S.C. 1 et seq.] made by such Act shall limit or affect any statutory enforcement authority of the Federal Energy Regulatory Commission pursuant to section 824v of title 16 and section 717c–1 of this title that existed prior to July 21, 2010.
(Pub. L. 111–203, title VII, § 722(g), July 21, 2010, 124 Stat. 1674.)
heading: Editorial Notes
heading: References in Text
text: The Wall Street Transparency and Accountability Act of 2010, referred to in text, is title VII of Pub. L. 111–203, July 21, 2010, 124 Stat. 1641, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
The Commodity Exchange Act, referred to in text, is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1 of Title 7 and Tables.
15 U.S.C. § 8323 (COMMERCE AND TRADE)
§ 8323. 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 Commodity Futures Trading Commission shall adopt rules which may include numerical limits on the control of, or the voting rights with respect to, 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, 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, an affiliate of such a bank holding company or nonbank financial company, a swap dealer, major swap participant, or associated person of a swap dealer or major swap participant.
(b) Purposes
The Commission shall adopt rules if it 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 swap dealer or major swap participant’s conduct of business with, a derivatives clearing organization, contract market, or swap execution facility that clears or posts swaps or makes swaps available for trading and in which such swap dealer or major swap participant has a material debt or equity investment.
(c) Considerations
In adopting rules pursuant to this section, the Commodity Futures Trading 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, § 726, July 21, 2010, 124 Stat. 1695.)
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.