dreamproit/uscode huggingface dataset:
15 U.S.C. § 3411 (COMMERCE AND TRADE)
§ 3411. General rulemaking authority
(a) In general
Except where expressly provided otherwise, the Commission shall administer this chapter. The Commission, or any other Federal officer or agency in which any function under this chapter is vested or delegated, is authorized to perform any and all acts (including any appropriate enforcement activity), and to prescribe, issue, amend, and rescind such rules and orders as it may find necessary or appropriate to carry out its functions under this chapter.
(b) Authority to define terms
Except where otherwise expressly provided, the Commission is authorized to define, by rule, accounting, technical, and trade terms used in this chapter. Any such definition shall be consistent with the definitions set forth in this chapter.
(Pub. L. 95–621, title V, § 501, Nov. 9, 1978, 92 Stat. 3396; Pub. L. 101–60, § 3(b)(4), July 26, 1989, 103 Stat. 159.)
heading: Editorial Notes
heading: Amendments
text: 1989—Subsec. (c). Pub. L. 101–60 struck out subsec. (c) which authorized Commission to delegate to any State agency (with consent of such agency) any of its functions with respect to sections 3315, 3316(b), and 3319(a)(1) and (3) of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1989 Amendment
text: Amendment by Pub. L. 101–60 effective Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as a note under section 3372 of this title.
15 U.S.C. § 3412 (COMMERCE AND TRADE)
§ 3412. Administrative procedure
(a) Administrative Procedure Act
Subject to subsection (b), the provisions of subchapter II of chapter 5 of title 5 shall apply to any rule or order issued under this chapter having the applicability and effect of a rule as defined in section 551(4) of title 5; except that sections 554, 556, and 557 of such title 5 shall not apply to any order under such section 3361, 3362, or 3363 of this title.
(b) Opportunity for oral presentations
To the maximum extent practicable, an opportunity for oral presentation of data, views, and arguments shall be afforded with respect to any proposed rule or order described in subsection (a) (other than an order under section 3361, 3362, or 3363 of this title). To the maximum extent practicable, such opportunity shall be afforded before the effective date of such rule or order. Such opportunity shall be afforded no later than 30 days after such date in the case of a waiver of the entire comment period under section 553(d)(3) of title 5, and no later than 45 days after such date in all other cases. A transcript shall be made of any such oral presentation.
(c) Adjustments
The Commission or any other Federal officer or agency authorized to issue rules or orders described in subsection (a) (other than an order under section 3361, 3362, or 3363 of this title) shall, by rule, provide for the making of such adjustments, consistent with the other purposes of this chapter, as may be necessary to prevent special hardship, inequity, or an unfair distribution of burdens. Such rule shall establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or rescission of, exception to, or exemption from, such applicable rules or orders. If any person is aggrieved or adversely affected by the denial of a request for adjustment under the preceding sentence, such person may request a review of such denial by the officer or agency and may obtain judicial review in accordance with section 3416 of this title when such denial becomes final. The officer or agency shall, by rule, establish procedures, including an opportunity for oral presentation of data, views, and arguments, for considering requests for adjustment under this subsection.
(Pub. L. 95–621, title V, § 502, Nov. 9, 1978, 92 Stat. 3397; Pub. L. 101–60, § 3(a)(3), July 26, 1989, 103 Stat. 158.)
heading: Editorial Notes
heading: Amendments
text: 1989—Subsec. (d). Pub. L. 101–60 struck out subsec. (d) which directed that any determination made under section 3347(c) of this title be made in accordance with procedures applicable to the granting of any authority under the Natural Gas Act to import natural gas or liquefied natural gas (as the case might be).
15 U.S.C. § 3413 (COMMERCE AND TRADE)
§ 3413. Repealed. Pub. L. 101–60, § 3(b)(5), July 26, 1989, 103 Stat. 159
text: Section, Pub. L. 95–621, title V, § 503, Nov. 9, 1978, 92 Stat. 3397, related to various determinations to be made by State or Federal agencies for qualifying under certain categories of natural gas.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as an Effective Date of 1989 Amendment note under section 3372 of this title.
15 U.S.C. § 3432 (COMMERCE AND TRADE)
§ 3432. Effect on State laws
(a) Authority to prescribe maximum lawful prices
Nothing in this chapter shall affect the authority of any State to establish or enforce any maximum lawful price for the first sale of natural gas produced in such State.
(b) Common carriers
No person shall be subject to regulation as a common carrier under any provision of Federal or State law by reason of any transportation—
(1) pursuant to any order under section 3362(c) or section 3363(b), (c), (d), or (i) of this title; or
(2) authorized by the Commission under section 3371(a) of this title.
(Pub. L. 95–621, title VI, § 602, Nov. 9, 1978, 92 Stat. 3411; Pub. L. 101–60, § 3(b)(8), July 26, 1989, 103 Stat. 159.)
heading: Editorial Notes
heading: Amendments
text: 1989—Subsec. (a). Pub. L. 101–60 struck out “lower” after “prescribe” in heading and struck out before period at end “which does not exceed the applicable maximum lawful price, if any, under subchapter I of this chapter”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1989 Amendment
text: Amendment by Pub. L. 101–60 effective Jan. 1, 1993, see section 3(b) of Pub. L. 101–60, set out as a note under section 3372 of this title.
15 U.S.C. § 3501 (COMMERCE AND TRADE)
§ 3501. Exclusive territorial licenses to manufacture, distribute, and sell trademarked soft drink products; ultimate resale to consumers; substantial and effective competition
Nothing contained in any antitrust law shall render unlawful the inclusion and enforcement in any trademark licensing contract or agreement, pursuant to which the licensee engages in the manufacture (including manufacture by a sublicensee, agent, or subcontractor), distribution, and sale of a trademarked soft drink product, of provisions granting the licensee the sole and exclusive right to manufacture, distribute, and sell such product in a defined geographic area or limiting the licensee, directly or indirectly, to the manufacture, distribution, and sale of such product only for ultimate resale to consumers within a defined geographic area: Provided, That such product is in substantial and effective competition with other products of the same general class in the relevant market or markets.
(Pub. L. 96–308, § 2, July 9, 1980, 94 Stat. 939.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 96–308, § 1, July 9, 1980, 94 Stat. 939, provided that: “This Act [enacting this chapter] may be cited as the ‘Soft Drink Interbrand Competition Act’.”
heading: Suspension of Statute of Limitations on Institution of Antitrust Proceedings by United States; Enforcement of Trademark Licensing Agreement Provisions Concerning Soft Drink Products
text: Pub. L. 96–308, § 4, July 9, 1980, 94 Stat. 939, provided that: “In the case of any proceeding instituted by the United States described in subsection (i) of section 5 of the Clayton Act (relating to suspension of the statute of limitations on the institution of proceedings by the United States) (15 U.S.C. 16(i)) which is pending on the date of the enactment of this Act [July 9, 1980], that subsection shall not apply with respect to any right of action referred to in that subsection based in whole or in part on any matter complained of in that proceeding consisting of the existence or enforcement of any provision described in section 2 of this Act [this section] in any trademark licensing contract or agreement described in that section.”
15 U.S.C. § 3503 (COMMERCE AND TRADE)
§ 3503. “Antitrust law” defined
As used in this chapter, the term “antitrust law” means the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), and the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(Pub. L. 96–308, § 5, July 9, 1980, 94 Stat. 939.)
heading: Editorial Notes
heading: References in Text
text: The Sherman Act (15 U.S.C. 1 et seq.), referred to in text, is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1 of this title and Tables.
The Clayton Act (15 U.S.C. 12 et seq.), referred to in text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of this title, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Tables.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.), referred to in text, 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. § 3601 (COMMERCE AND TRADE)
§ 3601. Congressional findings and purpose
(a) The Congress finds and declares that—
(1) there is a shortage of adequate and affordable housing throughout the Nation, especially for low- and moderate-income and elderly and handicapped persons;
(2) the number of conversions of rental housing to condominiums and cooperatives is accelerating, which in some communities may restrict the shelter options of low- and moderate-income and elderly and handicapped persons;
(3) certain long-term leasing arrangements for recreation and other condominium- or cooperative-related facilities which have been used in the formation of cooperative and condominium projects may be unconscionable; in certain situations State governments are unable to provide appropriate relief; as a result of these leases, economic and social hardships may have been imposed upon cooperative and condominium owners, which may threaten the continued use and acceptability of these forms of ownership and interfere with the interstate sale of cooperatives and condominiums; appropriate relief from these abuses requires Federal action; and
(4) there is a Federal involvement with the cooperative and condominium housing markets through the operation of Federal tax, housing, and community development laws, through the operation of federally chartered and insured financial institutions, and through other Federal activities; that the creation of many condominiums and cooperatives is undertaken by entities operating on an interstate basis.
(b) The purposes of this chapter are to seek to minimize the adverse impacts of condominium and cooperative conversions particularly on the housing opportunities of low- and moderate-income and elderly and handicapped persons, to assure fair and equitable principles are followed in the establishment of condominium and cooperative opportunities, and to provide appropriate relief where long-term leases of recreation and other cooperative- and condominium-related facilities are determined to be unconscionable.
(Pub. L. 96–399, title VI, § 602, Oct. 8, 1980, 94 Stat. 1672.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 96–399, title VI, § 618, Oct. 8, 1980, 94 Stat. 1680, provided that: “The provisions of this title [enacting this chapter] shall become effective upon enactment [Oct. 8, 1980], except that section 609 [section 3608 of this title], and the prohibition included in section 610 [section 3609 of this title] as it relates to a lease with respect to which a cause of action may be established under section 609, shall become effective one year after enactment.”
heading: Short Title
text: Pub. L. 96–399, title VI, § 601, Oct. 8, 1980, 94 Stat. 1672, provided that: “This title [enacting this chapter] may be cited as the ‘Condominium and Cooperative Abuse Relief Act of 1980’.”
15 U.S.C. § 3607 (COMMERCE AND TRADE)
§ 3607. Termination of self-dealing contracts
(a) Operation, maintenance, and management contracts; penalty
Any contract or portion thereof which is entered into after October 8, 1980, and which—
(1) provides for operation, maintenance, or management of a condominium or cooperative association in a conversion project, or of property serving the condominium or cooperative unit owners in such project;
(2) is between such unit owners or such association and the developer or an affiliate of the developer;
(3) was entered into while such association was controlled by the developer through special developer control or because the developer held a majority of the votes in such association; and
(4) is for a period of more than three years, including any automatic renewal provisions which are exercisable at the sole option of the developer or an affiliate of the developer,
may be terminated without penalty by such unit owners or such association.
(b) Time of termination
Any termination under this section may occur only during the two-year period beginning on the date on which—
(1) special developer control over the association is terminated; or
(2) the developer owns 25 per centum or less of the units in the conversion project,
whichever occurs first.
(c) Vote of owners of units
A termination under this section shall be by a vote of owners of not less than two-thirds of the units other than the units owned by the developer or an affiliate of the developer.
(d) Effective date of termination
Following the unit owners’ vote, the termination shall be effective ninety days after hand delivering notice or mailing notice by prepaid United States mail to the parties to the contract.
(Pub. L. 96–399, title VI, § 608, Oct. 8, 1980, 94 Stat. 1676.)
heading: Editorial Notes
heading: Codification
text: In subsec. (a), “October 8, 1980” was substituted for “the effective date of this title”. See Effective Date note set out under section 3601 of this title.
15 U.S.C. § 3609 (COMMERCE AND TRADE)
§ 3609. Void lease or contract provisions
Any provision in any lease or contract requiring unit owners or the owners’ association, in any conversion project involving a contract meeting the requirements of section 3607 of this title of in any project involving a lease meeting the requirements of section 3608 of this title, to reimburse, regardless of outcome, the developer, his successor, or affiliate of the developer for attorneys’ fees or money judgments, in a suit between unit owners or the owners’ association and the developer arising under the lease or agreement, is against public policy and void.
(Pub. L. 96–399, title VI, § 610, Oct. 8, 1980, 94 Stat. 1678.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 8, 1980, except that prohibition included in this section as it relates to a lease with respect to which a cause of action may be established under section 3608 of this title, shall be effective one year after Oct. 8, 1980, see section 618 of Pub. L. 96–399, set out as a note under section 3601 of this title.
15 U.S.C. § 3702 (COMMERCE AND TRADE)
§ 3702. Purpose
It is the purpose of this chapter to improve the economic, environmental, and social well-being of the United States by—
(1) establishing organizations in the executive branch to study and stimulate technology;
(2) promoting technology development through the establishment of cooperative research centers;
(3) stimulating improved utilization of federally funded technology developments, including inventions, software, and training technologies, by State and local governments and the private sector;
(4) providing encouragement for the development of technology through the recognition of individuals and companies which have made outstanding contributions in technology; and
(5) encouraging the exchange of scientific and technical personnel among academia, industry, and Federal laboratories.
(Pub. L. 96–480, § 3, Oct. 21, 1980, 94 Stat. 2312; Pub. L. 99–502, § 9(b)(1), (f)(2), Oct. 20, 1986, 100 Stat. 1795, 1797.)
heading: Editorial Notes
heading: Amendments
text: 1986—Par. (2). Pub. L. 99–502, § 9(b)(1), substituted “cooperative research centers” for “centers for industrial technology”.
Par. (3). Pub. L. 99–502, § 9(f)(2), inserted “, including inventions, software, and training technologies,”.
15 U.S.C. § 3704b–1 (COMMERCE AND TRADE)
§ 3704b–1. Recovery of operating costs through fee collections
Operating costs for the National Technical Information Service associated with the acquisition, processing, storage, bibliographic control, and archiving of information and documents shall be recovered primarily through the collection of fees.
(Pub. L. 102–245, title I, § 103(c), Feb. 14, 1992, 106 Stat. 8.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the American Technology Preeminence Act of 1991, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter.
15 U.S.C. § 3704b–2 (COMMERCE AND TRADE)
§ 3704b–2. Transfer of Federal scientific and technical information
(a) Transfer
The head of each Federal executive department or agency shall transfer in a timely manner to the National Technical Information Service unclassified scientific, technical, and engineering information which results from federally funded research and development activities for dissemination to the private sector, academia, State and local governments, and Federal agencies. Only information which would otherwise be available for public dissemination shall be transferred under this subsection. Such information shall include technical reports and information, computer software, application assessments generated pursuant to section 3710(c) of this title, and information regarding training technology and other federally owned or originated technologies. The Secretary shall issue regulations within one year after February 14, 1992, outlining procedures for the ongoing transfer of such information to the National Technical Information Service.
(b) Annual report to Congress
As part of the annual report required under section 3704b(f)(3) of this title, the Secretary shall report to Congress on the status of efforts under this section to ensure access to Federal scientific and technical information by the public. Such report shall include—
(1) an evaluation of the comprehensiveness of transfers of information by each Federal executive department or agency under subsection (a);
(2) a description of the use of Federal scientific and technical information;
(3) plans for improving public access to Federal scientific and technical information; and
(4) recommendations for legislation necessary to improve public access to Federal scientific and technical information.
(Pub. L. 102–245, title I, § 108, Feb. 14, 1992, 106 Stat. 13.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the American Technology Preeminence Act of 1991, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter.
15 U.S.C. § 3706 (COMMERCE AND TRADE)
§ 3706. Grants and cooperative agreements
(a) In general
The Secretary may make grants and enter into cooperative agreements according to the provisions of this section in order to assist any activity consistent with this chapter, including activities performed by individuals.
(b) Eligibility and procedure
Any person or institution may apply to the Secretary for a grant or cooperative agreement available under this section. Application shall be made in such form and manner, and with such content and other submissions, as the Assistant Secretary shall prescribe. The Secretary shall act upon each such application within 90 days after the date on which all required information is received.
(c) Terms and conditions
(1) Any grant made, or cooperative agreement entered into, under this section shall be subject to the limitations and provisions set forth in paragraph (2) of this subsection, and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate.
(2) Any person who receives or utilizes any proceeds of any grant made or cooperative agreement entered into under this section shall keep such records as the Secretary shall by regulation prescribe as being necessary and appropriate to facilitate effective audit and evaluation, including records which fully disclose the amount and disposition by such recipient of such proceeds, the total cost of the program or project in connection with which such proceeds were used, and the amount, if any, of such costs which was provided through other sources.
(Pub. L. 96–480, § 8, formerly § 7, Oct. 21, 1980, 94 Stat. 2315; renumbered § 8 and amended Pub. L. 100–418, title V, §§ 5115(b)(1), 5122(a)(1), Aug. 23, 1988, 102 Stat. 1433, 1438; Pub. L. 114–329, title II, § 203, Jan. 6, 2017, 130 Stat. 2998.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 8 of Pub. L. 96–480 was renumbered section 9 and is classified to section 3707 of this title.
heading: Amendments
text: 2017—Subsec. (a). Pub. L. 114–329 struck out at end “The total amount of any such grant or cooperative agreement may not exceed 75 percent of the total cost of the program.”
1988—Subsec. (b). Pub. L. 100–418, § 5115(b)(1), substituted “Assistant Secretary” for “Director”.
15 U.S.C. § 3707 (COMMERCE AND TRADE)
§ 3707. National Science Foundation Cooperative Research Centers
(a) Establishment and provisions
The National Science Foundation shall provide assistance for the establishment of Cooperative Research Centers. Such Centers shall be affiliated with a university, or other nonprofit institution, or a group thereof. The objective of the Centers is to enhance technological innovation as provided in section 3705(a) of this title through the conduct of activities as provided in section 3705(b) of this title.
(b) Planning grants
The National Science Foundation is authorized to make available nonrenewable planning grants to universities or nonprofit institutions for the purpose of developing the plan, as described under section 3705(c)(3) of this title.
(c) Terms and conditions
Grants, contracts, and cooperative agreements entered into by the National Science Foundation in execution of the powers and duties of the National Science Foundation under this chapter shall be governed by the National Science Foundation Act of 1950 [42 U.S.C. 1861 et seq.] and other pertinent Acts.
(Pub. L. 96–480, § 9, formerly § 8, Oct. 21, 1980, 94 Stat. 2316; Pub. L. 99–502, § 9(b)(11), (12), (e)(2)(B), Oct. 20, 1986, 100 Stat. 1796, 1797; renumbered § 9, Pub. L. 100–418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; Pub. L. 106–404, § 7(4), Nov. 1, 2000, 114 Stat. 1745.)
heading: Editorial Notes
heading: References in Text
text: The National Science Foundation Act of 1950, referred to in subsec. (c), is act May 10, 1950, ch. 171, 64 Stat. 149, as amended, which is classified generally to chapter 16 (§ 1861 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1861 of Title 42 and Tables.
heading: Prior Provisions
text: A prior section 9 of Pub. L. 96–480 was renumbered section 10 and is classified to section 3708 of this title.
heading: Amendments
text: 2000—Subsecs. (a), (b). Pub. L. 106–404 made technical amendments to references in original act which appear in text as references to section 3705 of this title.
1986—Subsec. (a). Pub. L. 99–502 substituted “Cooperative Research Centers” for “Centers for Industrial Technology” and struck out last sentence which read as follows: “The provisions of sections 3705(e) and 3705(f) of this title shall apply to Centers established under this section.”