I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/13/93 at 02:33:31. Database: USCODE Search: (15:CITE) ------DocID 17426 Document 1 of 2201------ -CITE- 15 USC TITLE 15 -EXPCITE- TITLE 15 -HEAD- TITLE 15 - COMMERCE AND TRADE -MISC1- Chap. Sec. 1. Monopolies and Combinations in Restraint of Trade 1 2. Federal Trade Commission; Promotion of Export Trade and Prevention of Unfair Methods of Competition 41 2A. Securities and Trust Indentures 77a 2B. Securities Exchanges 78a 2B-1. Securities Investor Protection 78aaa 2C. Public Utility Holding Companies 79 2D. Investment Companies and Advisers 80a-1 2E. Omnibus Small Business Capital Formation 80c 3. Trade-Marks 81 4. China Trade 141 5. Statistical and Commercial Information 171 6. Weights and Measures and Standard Time 201 7. National Institute of Standards and Technology 271 7A. Standard Reference Data Program 290 8. Falsely Stamped Gold or Silver or Goods Manufactured Therefrom 291 9. National Weather Service 311 9A. Weather Modification Activities or Attempts; Reporting Requirement 330 10. War Finance Corporation 331 10A. Collection of State Cigarette Taxes 375 10B. State Taxation of Income from Interstate Commerce 381 11. Caustic Poisons 401 12. Discrimination Against Farmers' Cooperative Associations by Boards of Trade 431 13. Textile Foundation 501 13A. Fishing Industry 521 14. Reconstruction Finance Corporation 601 14A. Aid to Small Business 631 14B. Small Business Investment Program 661 15. Economic Recovery 701 15A. Interstate Transportation of Petroleum Products 715 15B. Natural Gas 717 15C. Alaska Natural Gas Transportation 719 16. Emergency Relief 721 16A. Emergency Petroleum Allocation (Omitted) 751 16B. Federal Energy Administration 761 16C. Energy Supply and Environmental Coordination 791 17. Production, Marketing, and Use of Bituminous Coal (Repealed) 801 18. Transportation of Firearms (Repealed) 901 19. Miscellaneous 1001 20. Regulation of Insurance 1011 21. National Policy on Employment and Productivity 1021 22. Trade-Marks 1051 23. Dissemination of Technical, Scientific and Engineering Information 1151 24. Transportation of Gambling Devices 1171 25. Flammable Fabrics 1191 26. Household Refrigerators 1211 27. Automobile Dealer Suits Against Manufacturers 1221 28. Disclosure of Automobile Information 1231 29. Manufacture, Transportation, or Distribution of Switchblade Knives 1241 30. Hazardous Substances 1261 31. Destruction of Property Moving in Commerce 1281 32. Telecasting of Professional Sports Contests 1291 33. Brake Fluid Regulation (Repealed) 1301 34. Antitrust Civil Process 1311 35. Seat Belt Regulation (Repealed) 1321 36. Cigarette Labeling and Advertising 1331 37. State Technical Services 1351 38. Traffic and Motor Vehicle Safety 1381 39. Fair Packaging and Labeling Program 1451 39A. Special Packaging of Household Substances for Protection of Children 1471 40. Department of Commerce 1501 41. Consumer Credit Protection 1601 42. Interstate Land Sales 1701 43. Newspaper Preservation 1801 44. Protection of Horses 1821 45. Emergency Loan Guarantees to Business Enterprises 1841 45A. Chrysler Corporation Loan Guarantee (Omitted) 1861 46. Motor Vehicle Information and Cost Savings 1901 47. Consumer Product Safety 2051 48. Hobby Protection 2101 49. Fire Prevention and Control 2201 50. Consumer Product Warranties 2301 51. National Productivity and Quality of Working Life 2401 52. Electric and Hybrid Vehicle Research, Development, and Demonstration 2501 53. Toxic Substances Control 2601 54. Automotive Propulsion Research and Development 2701 55. Petroleum Marketing Practices 2801 56. National Climate Program 2901 56A. Global Change Research 2921 57. Interstate Horseracing 3001 58. Full Employment and Balanced Growth 3101 59. Retail Policies for Natural Gas Utilities 3201 60. Natural Gas Policy 3301 61. Soft Drink Interbrand Competition 3501 62. Condominium and Cooperative Conversion Protection and Abuse Relief 3601 63. Technology Innovation 3701 64. Methane Transportation Research, Development, and Demonstration 3801 65. Liability Risk Retention 3901 66. Promotion of Export Trade 4001 67. Arctic Research and Policy 4101 68. Land Remote-Sensing Commercialization 4201 69. Cooperative Research 4301 70. Comprehensive Smokeless Tobacco Health Education 4401 71. Petroleum Overcharge Distribution and Restitution 4501 72. Semiconductor Research 4601 73. Export Enhancement 4701 74. Competitiveness Policy Council 4801 75. National Trade Data Bank 4901 76. Imitation Firearms 5001 77. Steel and Aluminum Energy Conservation and Technology Competitiveness 5101 78. Superconductivity and Competitiveness 5201 79. Metal Casting Competitiveness Research Program 5301 80. Fasteners 5401 ------DocID 17446 Document 2 of 2201------ -CITE- 15 USC Sec. 15 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 15. Suits by persons injured -STATUTE- (a) Amount of recovery; prejudgment interest Except as provided in subsection (b) of this section, any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee. The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person's pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this section for any period is just in the circumstances, the court shall consider only - (1) whether such person or the opposing party, or either party's representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay, or otherwise acted in bad faith; (2) whether, in the course of the action involved, such person or the opposing party, or either party's representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and (3) whether such person or the opposing party, or either party's representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof. (b) Amount of damages payable to foreign states and instrumentalities of foreign states (1) Except as provided in paragraph (2), any person who is a foreign state may not recover under subsection (a) of this section an amount in excess of the actual damages sustained by it and the cost of suit, including a reasonable attorney's fee. (2) Paragraph (1) shall not apply to a foreign state if - (A) such foreign state would be denied, under section 1605(a)(2) of title 28, immunity in a case in which the action is based upon a commercial activity, or an act, that is the subject matter of its claim under this section; (B) such foreign state waives all defenses based upon or arising out of its status as a foreign state, to any claims brought against it in the same action; (C) such foreign state engages primarily in commercial activities; and (D) such foreign state does not function, with respect to the commercial activity, or the act, that is the subject matter of its claim under this section as a procurement entity for itself or for another foreign state. (c) Definitions For purposes of this section - (1) the term 'commercial activity' shall have the meaning given it in section 1603(d) of title 28, and (2) the term 'foreign state' shall have the meaning given it in section 1603(a) of title 28. -SOURCE- (Oct. 15, 1914, ch. 323, Sec. 4, 38 Stat. 731; Sept. 12, 1980, Pub. L. 96-349, Sec. 4(a)(1), 94 Stat. 1156; Dec. 29, 1982, Pub. L. 97-393, 96 Stat. 1964.) -REFTEXT- REFERENCES IN TEXT The antitrust laws, referred to in subsec. (a), are defined in section 12 of this title. -COD- CODIFICATION Section supersedes two former similar sections enacted by act July 2, 1890, ch. 647, Sec. 7, 26 Stat. 210, and act Aug. 27, 1894, ch. 349, Sec. 77, 28 Stat. 570, each of which were restricted in operation to the particular act cited. -MISC3- AMENDMENTS 1982 - Pub. L. 97-393 designated existing provisions as subsec. (a), inserted 'Except as provided in subsection (b) of this section,', and added subsecs. (b) and (c). 1980 - Pub. L. 96-349 inserted provisions respecting award of prejudgment interest including considerations for the court in determining whether an award is just under the circumstances. EFFECTIVE DATE OF 1980 AMENDMENT Section 4(b) of Pub. L. 96-349 provided that: 'The amendments made by this section (amending this section and sections 15a and 15c of this title) shall apply only with respect to actions commenced after the date of the enactment of this Act (Sept 12, 1980).' REPEALS Section 7 of act July 2, 1890, ch. 647, 26 Stat. 210, which was superseded by this section, was repealed by act July 7, 1955, ch. 283, Sec. 3, 69 Stat. 283. For effective date of repeal, see note set out under section 15b of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Costs, see rule 54, Title 28, Appendix, Judiciary and Judicial Procedure. Effect of rule 54 on this section, see note by Advisory Committee under rule 54. CROSS REFERENCES Jurisdiction of civil action or proceeding arising under commerce and anti-trust regulations, see section 1337 of Title 28, Judiciary and Judicial Procedure. Limitation of action, suspension of, see note under section 16 of this title. Venue and service of process in action against corporation, see section 22 of this title. Venue of district courts, see section 1391 et seq. of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 15b, 15c, 16, 35, 36, 4016, 4303, 4304 of this title; title 26 sections 162, 186; title 46 App. section 1706. ------DocID 17757 Document 3 of 2201------ -CITE- 15 USC Sec. 80a-15 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-15. Contracts of advisers and underwriters -STATUTE- (a) Written contract to serve or act as investment adviser; contents It shall be unlawful for any person to serve or act as investment adviser of a registered investment company, except pursuant to a written contract, which contract, whether with such registered company or with an investment adviser of such registered company, has been approved by the vote of a majority of the outstanding voting securities of such registered company, and - (1) precisely describes all compensation to be paid thereunder; (2) shall continue in effect for a period more than two years from the date of its execution, only so long as such continuance is specifically approved at least annually by the board of directors or by vote of a majority of the outstanding voting securities of such company; (3) provides, in substance, that it may be terminated at any time, without the payment of any penalty, by the board of directors of such registered company or by vote of a majority of the outstanding voting securities of such company on not more than sixty days' written notice to the investment adviser; and (4) provides, in substance, for its automatic termination in the event of its assignment. (b) Written contract with company for sale by principal underwriter of security of which company is issuer; contents It shall be unlawful for any principal underwriter for a registered open-end company to offer for sale, sell, or deliver after sale any security of which such company is the issuer, except pursuant to a written contract with such company, which contract - (1) shall continue in effect for a period more than two years from the date of its execution, only so long as such continuance is specifically approved at least annually by the board of directors or by vote of a majority of the outstanding voting securities of such company; and (2) provides, in substance, for its automatic termination in the event of its assignment. (c) Approval of contract to undertake service as investment adviser or principal underwriter by majority of noninterested directors In addition to the requirements of subsections (a) and (b) of this section, it shall be unlawful for any registered investment company having a board of directors to enter into, renew, or perform any contract or agreement, written or oral, whereby a person undertakes regularly to serve or act as investment adviser of or principal underwriter for such company, unless the terms of such contract or agreement and any renewal thereof have been approved by the vote of a majority of directors, who are not parties to such contract or agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. It shall be the duty of the directors of a registered investment company to request and evaluate, and the duty of an investment adviser to such company to furnish, such information as may reasonably be necessary to evaluate the terms of any contract whereby a person undertakes regularly to serve or act as investment adviser of such company. It shall be unlawful for the directors of a registered investment company, in connection with their evaluation of the terms of any contract whereby a person undertakes regularly to serve or act as investment adviser of such company, to take into account the purchase price or other consideration any person may have paid in connection with a transaction of the type referred to in paragraph (1), (3), or (4) of subsection (f) of this section. (d) Equivalent of vote of majority of outstanding voting securities in case of common-law trust In the case of a common-law trust of the character described in section 80a-16(c) of this title, either written approval by holders of a majority of the outstanding shares of beneficial interest or the vote of a majority of such outstanding shares cast in person or by proxy at a meeting called for the purpose shall for the purposes of this section be deemed the equivalent of the vote of a majority of the outstanding voting securities, and the provisions of paragraph (42) of section 80a-2(a) of this title as to a majority shall be applicable to the vote cast at such a meeting. (e) Exemption of advisory boards or members from provisions of this section Nothing contained in this section shall be deemed to require or contemplate any action by an advisory board of any registered company or by any of the members of such a board. (f) Receipt of benefits by investment adviser from sale of securities or other interest in such investment adviser resulting in assignment of investment advisory contract (1) An investment adviser, or a corporate trustee performing the functions of an investment adviser, of a registered investment company or an affiliated person of such investment adviser or corporate trustee may receive any amount or benefit in connection with a sale of securities of, or a sale of any other interest in, such investment adviser or corporate trustee which results in an assignment of an investment advisory contract with such company or the change in control of or identity of such corporate trustee, if - (A) for a period of three years after the time of such action, at least 75 per centum of the members of the board of directors of such registered company or such corporate trustee (or successor thereto, by reorganization or otherwise) are not (i) interested persons of the investment adviser of such company or such corporate trustee, or (ii) interested persons of the predecessor investment adviser or such corporate trustee; and (B) there is not imposed an unfair burden on such company as a result of such transaction or any express or implied terms, conditions, or understandings applicable thereto. (2)(A) For the purpose of paragraph (1)(A) of this subsection, interested persons of a corporate trustee shall be determined in accordance with section 80a-2(a)(19)(B) of this title: Provided, That no person shall be deemed to be an interested person of a corporate trustee solely by reason of (i) his being a member of its board of directors or advisory board or (ii) his membership in the immediate family of any person specified in clause (i) of this subparagraph. (B) For the purpose of paragraph (1)(B) of this subsection, an unfair burden on a registered investment company includes any arrangement, during the two-year period after the date on which any such transaction occurs, whereby the investment adviser or corporate trustee or predecessor or successor investment advisers or corporate trustee or any interested person of any such adviser or any such corporate trustee receives or is entitled to receive any compensation directly or indirectly (i) from any person in connection with the purchase or sale of securities or other property to, from, or on behalf of such company, other than bona fide ordinary compensation as principal underwriter for such company, or (ii) from such company or its security holders for other than bona fide investment advisory or other services. (3) If - (A) an assignment of an investment advisory contract with a registered investment company results in a successor investment adviser to such company, or if there is a change in control of or identity of a corporate trustee of a registered investment company, and such adviser or trustee is then an investment adviser or corporate trustee with respect to other assets substantially greater in amount than the amount of assets of such company, or (B) as a result of a merger of, or a sale of substantially all the assets by, a registered investment company with or to another registered investment company with assets substantially greater in amount, a transaction occurs which would be subject to paragraph (1)(A) of this subsection, such discrepancy in size of assets shall be considered by the Commission in determining whether or to what extent an application under section 80a-6(c) of this title for exemption from the provisions of paragraph (1)(A) of this subsection should be granted. (4) Paragraph (1)(A) of this subsection shall not apply to a transaction in which a controlling block of outstanding voting securities of an investment adviser to a registered investment company or of a corporate trustee performing the functions of an investment adviser to a registered investment company is - (A) distributed to the public and in which there is, in fact, no change in the identity of the persons who control such investment adviser or corporate trustee, or (B) transferred to the investment adviser or the corporate trustee, or an affiliated person or persons of such investment adviser or corporate trustee, or is transferred from the investment adviser or corporate trustee to an affiliated person or persons of the investment adviser or corporate trustee: Provided, That (i) each transferee (other than such adviser or trustee) is a natural person and (ii) the transferees (other than such adviser or trustee) owned in the aggregate more than 25 per centum of such voting securities for a period of at least six months prior to such transfer. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 15, 54 Stat. 812; Dec. 14, 1970, Pub. L. 91-547, Sec. 8, 84 Stat. 1419; June 4, 1975, Pub. L. 94-29, Sec. 28(1), (2), (4), 89 Stat. 164, 165; Dec. 4, 1987, Pub. L. 100-181, title VI, Sec. 611, 101 Stat. 1261.) -MISC1- AMENDMENTS 1987 - Subsec. (d). Pub. L. 100-181, Sec. 611(1), substituted 'paragraph (42)' for 'paragraph (40)'. Subsec. (f)(3)(B). Pub. L. 100-181, Sec. 611(2), substituted a comma for the period at end. 1975 - Subsec. (c). Pub. L. 94-29, Sec. 28(2), inserted provisions making it unlawful for the directors of a registered investment company, in connection with their evaluation of the terms of any contract whereby a person undertakes regularly to serve or act as investment adviser of such company, to take into account the purchase price or other consideration any person may have paid in connection with a transaction of the type referred to in paragraph (1), (3), or (4) of subsec. (f). Subsec. (d). Pub. L. 94-29, Sec. 28(4), substituted 'section 80a-16(c) of this title' for 'subsection (b) of section 80a-16 of this title'. Subsec. (f). Pub. L. 94-29, Sec. 28(1), added subsec. (f). 1970 - Subsec. (a). Pub. L. 91-547, Sec. 8(a), struck out introductory phrase 'After one year from the effective date of this subchapter' and 'unless in effect prior to March 15, 1940,' before 'has been approved', and 'by the investment adviser' after 'assignment' in item (4), and substituted 'It' for 'it'. Subsec. (b). Pub. L. 91-547, Sec. 8(b), struck out introductory phrase 'After one year from the effective date of this subchapter,' and concluding phrase ', unless in effect prior to March 15, 1940' after 'which contract' before item (1), struck out 'by such underwriter' after 'assignment' in item (2), and substituted 'It' for 'it'. Subsec. (c). Pub. L. 91-547, Sec. 8(c), made it the duty of the directors of a registered investment company to request and evaluate, and the duty of an investment adviser to such company to furnish, such information as may reasonably be necessary to evaluate the terms of any contract whereby a person undertakes regularly to serve or act as investment adviser of such company, substituted 'interested persons' for 'affiliated persons', and struck out 'except a written agreement which was in effect prior to March 15, 1940,' after 'written or oral,', item (1) designation following 'have been approved' and item 'or (2) by the vote of a majority of the outstanding voting securities of such company' after 'any such party,', and inserted 'the vote' in phrase 'by the vote of a majority', and provision respecting voting 'cast in person at a meeting called for the purpose of voting on such approval'. Subsecs. (d) to (f). Pub. L. 91-547, Sec. 8(d), redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which prohibited any person after March 15, 1945, from acting as investment adviser to, or principal underwriter for, any registered investment company pursuant to a written contract in effect prior to March 15, 1940, unless such contract was renewed prior to March 15, 1945, in such form as to make it comply with subsecs. (a) or (b). EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-29 effective June 4, 1975, see section 31(a) of Pub. L. 94-29, set out as a note under section 78b of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective on expiration of one year after Dec. 14, 1970, see section 30(1) of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -CROSS- CROSS REFERENCES Contracts of investment advisers generally, see section 80b-5 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-10, 80a-16, 80a-55, 80a-58 of this title. ------DocID 17824 Document 4 of 2201------ -CITE- 15 USC Sec. 80b-15 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER II -HEAD- Sec. 80b-15. Validity of contracts -STATUTE- (a) Waiver of compliance as void Any condition, stipulation, or provision binding any person to waive compliance with any provision of this subchapter or with any rule, regulation, or order thereunder shall be void. (b) Rights affected by invalidity Every contract made in violation of any provision of this subchapter and every contract heretofore or hereafter made, the performance of which involves the violation of, or the continuance of any relationship or practice in violation of any provision of this subchapter, or any rule, regulation, or order thereunder, shall be void (1) as regards the rights of any person who, in violation of any such provision, rule, regulation, or order, shall have made or engaged in the performance of any such contract, and (2) as regards the rights of any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason of which the making or performance of such contract was in violation of any such provision. -SOURCE- (Aug. 22, 1940, ch. 686, title II, Sec. 215, 54 Stat. 856.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. ------DocID 18168 Document 5 of 2201------ -CITE- 15 USC CHAPTER 15 -EXPCITE- TITLE 15 CHAPTER 15 -HEAD- CHAPTER 15 - ECONOMIC RECOVERY -MISC1- SUBCHAPTER I - GENERALLY Sec. 701 to 712. Omitted or Repealed. 712a. Limitation of obligations for administrative expenses of certain agencies; limitation on life of certain agencies. 713 to 713a-3. Omitted or Repealed. 713a-4. Obligations of Commodity Credit Corporation; issuance; sale; purchase; redemption; etc. 713a-5. Exemption of Commodity Credit Corporation and its obligations from taxation. 713a-6. Sale of surplus agricultural commodities to foreign governments. 713a-7. Exchange of surplus agricultural commodities for reserve stocks of strategic materials. 713a-8. Omitted. 713a-9. Reimbursement of corporation from funds of government agencies for services, losses, operating costs, or commodities purchased. 713a-10. Omitted. 713a-11. Annual appropriations to reimburse Commodity Credit Corporation for net realized loss. 713a-11a. Interest prohibited when reimbursing Corporation for net realized losses. 713a-12. Deposit of net realized gain of Commodity Credit Corporation in Treasury. 713a-13. Policies and procedures for minimum acquisition of stocks by Commodity Credit Corporation, encouragement of marketing through private trade channels and procurement of maximum returns in marketplace for producers and Corporation. 713a-14. Dairy export incentive program. (a) Establishment and operation. (b) Payments to entity that sells for export United States dairy products; bid basis; criteria for acceptance or rejection of bids. (c) Rules and regulations. (d) Payments under program to be made in cash or commodities. (e) Payment rates; publication in Federal Register or other public announcement. 713b. Repealed. 713c. Federal Surplus Commodities Corporation; continuance of existence; purchase and distribution of surplus agricultural commodities. 713c-1. Annual report to Congress by Federal Surplus Commodities Corporation. 713c-2. Purchase and distribution of surplus fishery products. 713c-3. Promotion of the free flow of domestically produced fishery products. (a) Definitions. (b) Transfer of funds. (c) Fisheries research and development projects. (d) National fisheries research and development program. (e) Allocation of fund moneys. SUBCHAPTER II - COMMODITY CREDIT CORPORATION 714. Creation and purpose of Corporation. 714a. Location of offices. 714b. General powers of Corporation. 714c. Specific powers of Corporation. 714d. Laws applicable to Corporation. 714e. Capital stock; amount; interest. 714f. Use of funds. 714g. Board of Directors. (a) Composition; appointment, tenure and compensation; quorum; duties. (b) Advisory board; composition, tenure and compensation; meetings; duties. 714h. Officers and employees; appointment; duties. 714i. Cooperation with other governmental agencies. 714j. Utilization of associations and trade facilities. 714k. Records; annual report. 714l. Interest of Members of the Congress. 714m. Crimes and offenses. (a) False statements; overvaluation of securities. (b) Embezzlement, etc.; false entries; fraudulent issue of obligations of Corporation. (c) Larceny; conversion of property. (d) Conspiracy to commit offense. (e) General statutes applicable. (f) Use of words 'Commodity Credit Corporation'. 714n. Transfer of assets of Commodity Credit Corporation, a Delaware Corporation. 714o. Dissolution of Delaware Corporation. 714p. Release of innocent purchasers of converted goods. ------DocID 9046 Document 6 of 2201------ -CITE- 6 USC Sec. 15 -EXPCITE- TITLE 6 -HEAD- (Sec. 15. Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085) -MISC1- Section, act July 30, 1947, ch. 390, 61 Stat. 650, related to bonds and notes of United States in lieu of recognizance, stipulation, bond, guarantee, or undertaking and contractors' bonds. See sections 9301 and 9303 of Title 31, Money and Finance. ------DocID 9096 Document 7 of 2201------ -CITE- 7 USC Sec. 15 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 15. Enforcement powers of Commission -STATUTE- For the purpose of securing effective enforcement of the provisions of this chapter and for the purpose of any investigation or proceeding under this chapter, any member of the Commission or any Administrative Law Judge or other officer designated by the Commission (except as provided in the third sentence of this section) may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records that the Commission deems relevant or material to the inquiry. The attendance of witnesses and the production of any such records may be required from any place in the United States, any State, or any foreign country or jurisdiction at any designated place of hearing. A subpena issued under this section may be served upon any person who is not to be found within the territorial jurisdiction of any court of the United States in such manner as the Federal Rules of Civil Procedure prescribe for service of process in a foreign country, except that a subpena to be served on a person who is not to be found within the territorial jurisdiction of any court of the United States may be issued only on the prior approval of the Commission. In case of contumacy by, or refusal to obey a subpena issued to, any person, the Commission may invoke the aid of any court of the United States within the jurisdiction in which the investigation or proceeding is conducted, or where such person resides or transacts business, in requiring the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, and other records. Such court may issue an order requiring such person to appear before the Commission or member or Administrative Law Judge or other officer designated by the Commission, there to produce records, if so ordered, or to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in the judicial district wherein such person is an inhabitant or transacts business or wherever such person may be found. -SOURCE- (Sept. 21, 1922, ch. 369, Sec. 6(b), 42 Stat. 1002; June 15, 1936, ch. 545, Sec. 8(e)-(g), 49 Stat. 1499; June 16, 1955, ch. 151, 69 Stat. 160; Oct. 15, 1970, Pub. L. 91-452, title II, Sec. 202, 84 Stat. 928; Oct. 23, 1974, Pub. L. 93-463, title I, Sec. 103(d), title IV, Sec. 408(b), 88 Stat. 1392, 1414; Sept. 30, 1978, Pub. L. 95-405, Sec. 13(3), 92 Stat. 871; Nov. 10, 1986, Pub. L. 99-641, title I, Sec. 103, 100 Stat. 3557.) -REFTEXT- REFERENCES IN TEXT This section, referred to in text, means section 6 of act Sept. 21, 1922, ch. 369, 42 Stat. 1001. For classification of section 6 to the Code, see Codification note below. The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -COD- CODIFICATION Section 9 of this title was derived from par. (b) of section 6 of the Grain Futures Act as originally enacted, act Sept. 21, 1922, ch. 369. This par. (b) prior to its incorporation into the Code contained a provision as to finality of judgments and review by the Supreme Court and is covered by section 1254 of Title 28, Judiciary and Judicial Procedure. A further provision of par. (b) is contained in this section. The first par. and par. (a) of section 6 are classified to section 8 of this title. Pars. (c) and (d) of section 6 are classified to sections 13b and 9a of this title, respectively. -MISC3- AMENDMENTS 1986 - Pub. L. 99-641 inserted '(except as provided in the third sentence of this section)', substituted ', any State, or any foreign country or jurisdiction' for 'or any State', and inserted provisions which related to service of subpena upon person not found within territorial jurisdiction of United States. 1978 - Pub. L. 95-405 substituted provisions giving Commission or any Administrative Law Judge or other officer designated by Commission independent authority to administer oaths and affirmations, to subpena witnesses, and related actions for the purpose of conducting investigations and proceedings with regard to this chapter for provisions basing authority of Commission or any Administrative Law Judge with regard to investigations and proceedings under this chapter on the Interstate Commerce Act and inserted provisions authorizing Commission to invoke the aid of the courts in requiring attendance and testimony of witnesses and the production of books and other records. 1974 - Pub. L. 93-463 struck out 'the Secretary of Agriculture (or any person designated by him),' after 'jurisdiction, and authority of' and substituted 'Administrative Law Judge' for 'referee'. 1970 - Pub. L. 91-452 struck out references to sections 46-48 of title 49, and provisions relating to the immunity of witnesses. 1955 - Act June 16, 1955, extended subpoena power to investigations. 1936 - Act June 15, 1936, Sec. 8(e), (f), substituted 'sections 12 and 46-48 of title 49' for 'section 12 of title 49'. Act June 15, 1936, Sec. 8(g), substituted 'and' for 'or' after 'commission'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section 28 of Pub. L. 95-405, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1974 AMENDMENT For effective date of amendment of Pub. L. 93-463, see section 418 of Pub. L. 93-463, set out as a note under section 2 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1936 AMENDMENT Amendment by act June 15, 1936, effective 90 days after June 15, 1936, see section 13 of that act, set out as a note under section 1 of this title. -CROSS- CROSS REFERENCES Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 12 of this title. ------DocID 9492 Document 8 of 2201------ -CITE- 7 USC CHAPTER 15 -EXPCITE- TITLE 7 CHAPTER 15 -HEAD- CHAPTER 15 - BUREAU OF ANIMAL INDUSTRY -MISC1- Sec. 391. Establishment of bureau; appointment of chief; duties. 392. Repealed. 393. Sale of pathological and zoological specimens; disposition of moneys. 394. Overtime of employees engaged in enforcement of Meat Inspection Act. 394a. Overtime of employees working at establishments which prepare virus, serum, toxin, and analogous products. 395. Fees for rabies diagnoses; disposition of moneys. 396. Inspection of livestock, hides, animal products, etc.; place; charges; disposition of funds. 397. Omitted. -CROSS- CROSS REFERENCES Animals, meats, and meat and dairy products, see section 603 et seq. of Title 21, Food and Drugs. Packers and stockyards, see section 181 et seq. of this title. ------DocID 11778 Document 9 of 2201------ -CITE- 9 USC Sec. 15 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 15. Inapplicability of the Act of State doctrine -STATUTE- Enforcement of arbitral agreements, confirmation of arbitral awards, and execution upon judgments based on orders confirming such awards shall not be refused on the basis of the Act of State doctrine. -SOURCE- (Added Pub. L. 100-669, Sec. 1, Nov. 16, 1988, 102 Stat. 3969.) -COD- CODIFICATION Another section 15 of this title was renumbered section 16 of this title. ------DocID 11908 Document 10 of 2201------ -CITE- 10 USC CHAPTER 15 -EXPCITE- TITLE 10 Subtitle A PART I CHAPTER 15 -HEAD- CHAPTER 15 - INSURRECTION -MISC1- Sec. 331. Federal aid for State governments. 332. Use of militia and armed forces to enforce Federal authority. 333. Interference with State and Federal law. 334. Proclamation to disperse. 335. Guam and Virgin Islands included as 'State'. (336. Repealed.) AMENDMENTS 1980 - Pub. L. 96-513, title V, Sec. 511(11)(C), Dec. 12, 1980, 94 Stat. 2921, added item 335. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 115 of this title. ------DocID 14598 Document 11 of 2201------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 15 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS ATTORNEYS -HEAD- Rule 15. Disciplinary Action -STATUTE- (a) The Model Rules of Professional Conduct of the American Bar Association are hereby adopted as the rules of conduct for members of the Bar of this Court. After notice, investigation, and hearing as provided in this rule, the Court may take any disciplinary action it deems appropriate for failure to comply with the Model Rules of Professional Conduct. (b) For purposes of this rule, the Court shall appoint an Investigations Committee consisting of five members of the Bar of this Court who shall be appointed for a period of three years. The Investigations Committee shall consider such complaints as may be referred to it for investigation, including the taking of evidence, and shall submit a report of such investigation to the Court. (c) Upon receipt and docketing of a written complaint under oath of unprofessional conduct against a member of its Bar, the Court will cause a copy thereof to be served by certified mail, return receipt requested, on the attorney thus accused. The Clerk will, in addition, acknowledge by letter, to the person filing such complaint, the receipt thereof. The accused attorney will answer the complaint by filing a formal pleading responsive to each allegation of misconduct within 30 days of receipt of the complaint, but extensions of time may be granted by order of the Court on the accused attorney's application. A complaint will be docketed only if the Court makes a preliminary determination that it is not frivolous (d) On consideration of the complaint and answer, and if it believes a substantial basis exists for the complaint, the Court will refer the matter to its Investigations Committee for consideration under subsection (b). Otherwise, the Court will dismiss the complaint. Any such investigation will be held privately, unless the accused attorney requests that it be opened to the public. (e) On receiving the report of the Investigations Committee, the Court may dismiss the complaint or order the matter set down for hearing, giving due notice to the accused attorney. At the hearing, the accused attorney will be given opportunity to present such matters relevant to the complaint as he or she deems appropriate and to examine any witnesses against such attorney. All documents received in connection with a complaint under this rule shall be furnished to the accused attorney. A majority vote of the Court is necessary to find an attorney guilty of unprofessional conduct and to fix any penalty. (f) When it is shown to the Court that any member of its Bar has been disbarred or suspended from practice by any court, such member will be forthwith called upon to show cause within 30 days why similar action should not be taken by this Court. Upon the filing of the member's answer to an order to show cause, or upon the expiration of 30 days if no answer is filed, the Court will enter an appropriate order; but no order of disbarment or suspension will be entered except with the concurrence of a majority of the judges participating. (g) Penalties for unprofessional conduct may extend to reprimand, suspension, or disbarment. (h) Except for an order of reprimand, suspension or disbarment, no papers, pleadings or other information relative to a complaint in a disciplinary proceeding will be published or released to the public without prior approval of the Court. The docket of matters arising under this rule shall not be available to the public. -SOURCE- (As amended July 16, 1990, eff. Aug. 15, 1990.) ------DocID 14655 Document 12 of 2201------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 15 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 15. Assignments of error and briefs -STATUTE- (a) General Provisions. Appellate counsel for the accused may file an assignment of error if any are to be alleged, setting forth separately each error asserted. The assignment of errors should be included in a brief for the accused (attachment 2). An original of all assignments of error and briefs, and as many additional copies as shall be prescribed by each service, shall be submitted. Briefs and assignments of errors shall be typewritten, double-spaced on white paper, and securely fastened at the top. All references to matters contained in the record shall show record page numbers and any exhibit designations. A brief on behalf of the government shall be of like character as that prescribed for the accused. (b) Number of Briefs. Appellate counsel shall be limited to the filing of one brief for each side unless the Court otherwise permits or directs. (c) Time for Filing. Any brief for an accused shall be filed within 30 days after appellate counsel has been notified of the receipt of the record in the Office of the Judge Advocate General. If the Judge Advocate General has directed appellate government counsel to represent the United States, such counsel shall file an answer on behalf of the government within 30 days after any brief and assignment of errors has been filed on behalf of an accused. If no brief is filed on behalf of an accused, a brief on behalf of the government may be filed within 30 days after expiration of the time allowed for the filing of a brief on behalf of the accused. ------DocID 14911 Document 13 of 2201------ -CITE- 11 USC (CHAPTER 15 -EXPCITE- TITLE 11 (CHAPTER 15 -HEAD- (CHAPTER 15 - REPEALED) ------DocID 15147 Document 14 of 2201------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 15 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 15. - Appointment of Committee of Unsecured Creditors in Chapter 9 Municipality or Chapter 11 Reorganization Case -STATUTE- (CAPTION AS IN FORM NO. 1) APPOINTMENT OF COMMITTEE OF UNSECURED CREDITORS IN A CHAPTER 9 MUNICIPALITY OR CHAPTER 11 REORGANIZATION CASE The following creditors of the above-named debtor holding the 7 largest unsecured claims (or who are members of a committee organized by creditors before commencement of this case under chapter 9 (or 11) of the Bankruptcy Code which was fairly chosen and is representative of the different kinds of claims to be represented) and who are willing to serve are appointed to the committee of unsecured creditors: 1. XXXXXX XXXXXX of *XXXXXXXX 2. XXXXXX XXXXXX of *XXXXXXXX 3. XXXXXX XXXXXX of *XXXXXXXX 4. XXXXXX XXXXXX of *XXXXXXXX 5. XXXXXX XXXXXX of *XXXXXXXX 6. XXXXXX XXXXXX of *XXXXXXXX 7. XXXXXX XXXXXX of *XXXXXXXX Dated: XXXXXX BY THE COURT XXXXXXXXXXXXXX Bankruptcy Judge. * State mailing address. -SOURCE- (As amended Sept. 19, 1986, eff. Sept. 19, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is new. Pursuant to Sec. 1102 of the Code the court is to appoint a committee of unsecured creditors which ordinarily is to consist of the creditors holding the 7 largest claims and who are willing to serve. If, however, a committee has been organized prior to the filing of the petition, is representative and was fairly chosen, that committee may be continued as the official or statutory committee. This form can be adapted for use by the United States trustee who, pursuant to Sec. 151102 of the Code, will appoint the committee. It may also be adapted for use if the court (or United States trustee on order of the court) appoints any other committee, e.g., of equity security holders. Pursuant to Sec. 901(a) of the Code, the provisions of Sec. 1102, including subsection (a)(1), apply in a case under chapter 9, Adjustment of Debts of Municipality. In a chapter 9 case, only the court will appoint the committee. There is no provision in chapter 15 for a United States trustee to have any appointing function in that type of a case. Subsection (a)(1) of Sec. 1102 is not applicable in a railroad reorganization case and, therefore, the court will not appoint an unsecured creditor's committee. NOTES OF ADVISORY COMMITTEE ON RULES - 1986 AMENDMENT This form is amended to conform to the 1984 amendments to Sec. 1102(b)(1) of the Code. ------DocID 15185 Document 15 of 2201------ -CITE- 12 USC Sec. 15 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 15. Repealed. Aug. 7, 1946, ch. 770, Sec. 1(40, 50), 60 Stat. 869, 870 -MISC1- Section, act Apr. 28, 1902, ch. 594, Sec. 1, 32 Stat. 138, required inclusion of expenses of liquidation of national banks in annual report of Comptroller of the Currency. ------DocID 15998 Document 16 of 2201------ -CITE- 12 USC Sec. 1701z-15 -EXPCITE- TITLE 12 CHAPTER 13 -HEAD- Sec. 1701z-15. Approval of individual residential water purification or treatment units -STATUTE- (a) In general When the existing water supply does not meet the minimum property standards established by the Department of Housing and Urban Development and a permanent alternative acceptable water supply is not available, a continuous supply of water may be provided through the use of approved residential water treatment equipment or a water purification unit that provides bacterially and chemically safe drinking water. (b) Approval process A performance-based approval of the equipment or unit and the maintenance, monitoring, and replacement plan for such equipment or unit shall be certified by field offices of the Department of Housing and Urban Development based upon general standards recognized by the Department as modified for local or regional conditions. As a part of such approved plan, a separate monthly escrow account may be required to be established through the lender to cover the cost of the approved yearly maintenance and monitoring schedule and projected replacement of the equipment or unit. -SOURCE- (Pub. L. 100-242, title IV, Sec. 424, Feb. 5, 1988, 101 Stat. 1915.) -COD- CODIFICATION Section was enacted as part of the Housing and Community Development Act of 1987, and not as part of the National Housing Act which comprises this chapter. ------DocID 16070 Document 17 of 2201------ -CITE- 12 USC Sec. 1715z-15 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1715z-15. Limitation on prepayment of mortgages on multifamily rental housing -STATUTE- (a) Acceptance of offer to prepay; qualifications During any period in which an owner of a multifamily rental housing project is required to obtain the approval of the Secretary for prepayment of the mortgage, the Secretary shall not accept an offer to prepay the mortgage on such project or permit a termination of an insurance contract pursuant to section 1715t of this title unless - (1) the Secretary has determined that such project is no longer meeting a need for rental housing for lower income families in the area; (2) the Secretary (A) has determined that the tenants have been notified of the owner's request for approval of a prepayment; (B) has provided the tenants with an opportunity to comment on the owner's request; and (C) has taken such comments into consideration; and (3) the Secretary has ensured that there is a plan for providing relocation assistance for adequate, comparable housing for any lower income tenant who will be displaced as a result of the prepayment and withdrawal of the project from the program. (b) Approval prior to foreclosure A mortgagee may foreclose the mortgage on, or acquire by deed in lieu of foreclosure, any eligible low-income housing project (as such term is defined in section 4119 of this title) only if the mortgagee also conveys title to the project to the Secretary in connection with a claim for insurance benefits. (c) 'Lower income families' defined For purposes of this section, the term 'lower income families' has the meaning given such term in section 1437a(b)(2) of title 42. -SOURCE- (June 27, 1934, ch. 847, title II, Sec. 250, as added Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 433, 97 Stat. 1221, and amended Feb. 5, 1988, Pub. L. 100-242, title II, Sec. 261, 101 Stat. 1890; Dec. 15, 1989, Pub. L. 101-235, title II, Sec. 202(d)(1), 103 Stat. 2037; Nov. 28, 1990, Pub. L. 101-625, title VI, Sec. 602(b), (c), 104 Stat. 4277.) -MISC1- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-625, Sec. 602(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'In the case of a project assisted under section 1715z-1 of this title or the proviso to section 1715l(d)(5) of this title, section 101 of the Housing and Urban Development Act of 1965, or section 1701q of this title where the owner has the right to prepay the mortgage covering the assisted project without the Secretary's approval, the Secretary shall give a priority for additional assistance under section 1437f of title 42 and section 201 of the Housing and Community Development Amendments of 1978 to tenants and applicants to become tenants of the project, if - '(1) funds to provide such additional assistance are available; and '(2) the Secretary determines that making such additional assistance available to the project is necessary to prevent the owner from prepaying the mortgage.' Subsecs. (c), (d). Pub. L. 101-625, Sec. 602(c), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: 'Any owner of a multifamily rental housing project referred to in subsection (b) of this section who receives additional assistance under section 1437f of title 42 under the priority established in subsection (b) of this section shall - '(1) fully utilize the assistance which is available; '(2) grant a priority to applicants to become tenants who have the lowest incomes; and '(3) maintain the low-income character of the project for a period at least equal to the remaining term of the project mortgage to the extent that assistance is provided.' 1989 - Subsec. (a). Pub. L. 101-235 inserted 'or permit a termination of an insurance contract pursuant to section 1715t of this title' after second reference to 'project'. 1988 - Subsec. (a)(1). Pub. L. 100-242 struck out 'or that the needs of lower income families in such project can more efficiently and effectively be met through other Federal housing assistance taking into account the remaining time the project could meet such needs' after 'families in the area'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1715t of this title. ------DocID 16131 Document 18 of 2201------ -CITE- 12 USC Sec. 1735f-15 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER V -HEAD- Sec. 1735f-15. Civil money penalties against multifamily mortgagors -STATUTE- (a) In general The penalties set forth in this section shall be in addition to any other available civil remedy or any available criminal penalty, and may be imposed whether or not the Secretary imposes other administrative sanctions. The Secretary may not impose penalties under this section for violations a material cause of which are the failure of the Department, an agent of the Department, or a public housing agency to comply with existing agreements. (b) Penalty for violation of agreement as condition of transfer of physical assets, flexible subsidy loan, capital improvement loan, modification of mortgage terms, or workout agreement (1) Authority Whenever a mortgagor of property that includes 5 or more living units and that has a mortgage insured, co-insured, or held pursuant to this chapter, who has agreed in writing, as a condition of a transfer of physical assets, a flexible subsidy loan, a capital improvement loan, a modification of the mortgage terms, or a workout agreement, to use nonproject income to make cash contributions for payments due under the note and mortgage, for payments to the reserve for replacements, to restore the project to good physical condition, or to pay other project liabilities, knowingly and materially fails to comply with any of these commitments, the Secretary may impose a civil money penalty on that mortgagor in accordance with the provisions of this section. (2) Amount of penalty The amount of the penalty, as determined by the Secretary, for a violation of this subsection may not exceed the amount of the loss the Secretary would experience at a foreclosure sale, or a sale after foreclosure, of the property involved. (c) Violations of regulatory agreement for which penalty may be imposed (1) Violations The Secretary may also impose a civil money penalty under this section on any mortgagor of property that includes 5 or more living units and that has a mortgage insured, co-insured, or held pursuant to this chapter for any knowing and material violation of the regulatory agreement executed by the mortgagor, as follows: (A) Conveyance, transfer, or encumbrance of any of the mortgaged property, or permitting the conveyance, transfer, or encumbrance of such property, without the prior written approval of the Secretary. (B) Assignment, transfer, disposition, or encumbrance of any personal property of the project, including rents, or paying out any funds, except for reasonable operating expenses and necessary repairs, without the prior written approval of the Secretary. (C) Conveyance, assignment, or transfer of any beneficial interest in any trust holding title to the property, or the interest of any general partner in a partnership owning the property, or any right to manage or receive the rents and profits from the mortgaged property, without the prior written approval of the Secretary. (D) Remodeling, adding to, reconstructing, or demolishing any part of the mortgaged property or subtracting from any real or personal property of the project, without the prior written approval of the Secretary. (E) Requiring, as a condition of the occupancy or leasing of any unit in the project, any consideration or deposit other than the prepayment of the first month's rent, plus a security deposit in an amount not in excess of 1 month's rent, to guarantee the performance of the covenants of the lease. (F) Not holding any funds collected as security deposits separate and apart from all other funds of the project in a trust account, the amount of which at all times equals or exceeds the aggregate of all outstanding obligations under the account. (G) Payment for services, supplies, or materials which exceeds $500 and substantially exceeds the amount ordinarily paid for such services, supplies, or materials in the area where the services are rendered or the supplies or materials furnished. (H) Failure to maintain at any time the mortgaged property, equipment, buildings, plans, offices, apparatus, devices, books, contracts, records, documents, and other related papers (including failure to keep copies of all written contracts or other instruments which affect the mortgaged property) in reasonable condition for proper audit and for examination and inspection at any reasonable time by the Secretary or any duly authorized agents of the Secretary. (I) Failure to maintain the books and accounts of the operations of the mortgaged property and of the project in accordance with requirements prescribed by the Secretary. (J) Failure to furnish the Secretary, by the expiration of the 60-day period beginning on the 1st day after the completion of each fiscal year, with a complete annual financial report based upon an examination of the books and records of the mortgagor prepared and certified to by an independent public accountant or a certified public accountant and certified to by an officer of the mortgagor, unless the Secretary has approved an extension of the 60-day period in writing. The Secretary shall approve an extension where the mortgagor demonstrates that failure to comply with this subparagraph is due to events beyond the control of the mortgagor. (K) At the request of the Secretary, the agents of the Secretary, the employees of the Secretary, or the attorneys of the Secretary, failure to furnish monthly occupancy reports or failure to provide specific answers to questions upon which information is sought relative to income, assets, liabilities, contracts, the operation and condition of the property, or the status of the mortgage. (L) Failure to make promptly all payments due under the note and mortgage, including mortgage insurance premiums, tax and insurance escrow payments, and payments to the reserve for replacements when there is adequate project income available to make such payments. The pay out of surplus cash, as defined by and provided for in the regulatory agreement, shall not constitute a violation of such agreement. (2) Amount of penalty A penalty imposed for a violation under this subsection, as determined by the Secretary, may not exceed $25,000. (d) Agency procedures (1) Establishment The Secretary shall establish standards and procedures governing the imposition of civil money penalties under subsections (b) and (c) of this section. These standards and procedures - (A) shall provide for the Secretary or other department official (such as the Assistant Secretary for Housing) to make the determination to impose a penalty; (B) shall provide for the imposition of a penalty only after the mortgagor has been given an opportunity for a hearing on the record; and (C) may provide for review by the Secretary of any determination or order, or interlocutory ruling, arising from a hearing. (2) Final orders If no hearing is requested within 15 days of receipt of the notice of opportunity for hearing, the imposition of the penalty shall constitute a final and unappealable determination. If the Secretary reviews the determination or order, the Secretary may affirm, modify, or reverse that determination or order. If the Secretary does not review the determination or order within 90 days of the issuance of the determination or order, the determination or order shall be final. (3) Factors in determining amount of penalty In determining the amount of a penalty under subsection (b) or (c) of this section, consideration shall be given to such factors as the gravity of the offense, any history of prior offenses (including offenses occurring before December 15, 1989), ability to pay the penalty, injury to the tenants, injury to the public, benefits received, deterrence of future violations, and such other factors as the Secretary may determine in regulations to be appropriate. (4) Reviewability of imposition of penalty The Secretary's determination or order imposing a penalty under subsection (b) or (c) of this section shall not be subject to review, except as provided in subsection (e) of this section. (e) Judicial review of agency determination (1) In general After exhausting all administrative remedies established by the Secretary under subsection (d)(1) of this section, a mortgagor against whom the Secretary has imposed a civil money penalty under subsection (b) or (c) of this section may obtain a review of the penalty and such ancillary issues as may be addressed in the notice of determination to impose a penalty under subsection (d)(1)(A) of this section in the appropriate court of appeals of the United States, by filing in such court, within 20 days after the entry of such order or determination, a written petition praying that the Secretary's order or determination be modified or be set aside in whole or in part. (2) Objections not raised in hearing The court shall not consider any objection that was not raised in the hearing conducted pursuant to subsection (d)(1) of this section unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at the hearing, the court shall remand the matter to the Secretary for consideration of such additional evidence. (3) Scope of review The decisions, findings, and determinations of the Secretary shall be reviewed pursuant to section 706 of title 5. (4) Order to pay penalty Notwithstanding any other provision of law, in any such review, the court shall have the power to order payment of the penalty imposed by the Secretary. (f) Action to collect penalty If a mortgagor fails to comply with the Secretary's determination or order imposing a civil money penalty under subsection (b) or (c) of this section, after the determination or order is no longer subject to review as provided by subsections (d)(1) and (e) of this section, the Secretary may request the Attorney General of the United States to bring an action in an appropriate United States district court to obtain a monetary judgment against the mortgagor and such other relief as may be available. The monetary judgment may, in the court's discretion, include the attorneys fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the Secretary's determination or order imposing the penalty shall not be subject to review. (g) Settlement by Secretary The Secretary may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section. (h) 'Knowingly' defined The term 'knowingly' means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section. (i) Regulations The Secretary shall issue such regulations as the Secretary deems appropriate to implement this section. (j) Deposit of penalties in insurance funds Notwithstanding any other provision of law, all civil money penalties collected under this section shall be deposited in the fund established under section 1715z-1a(j) of this title. -SOURCE- (June 27, 1934, ch. 847, title V, Sec. 537, as added Dec. 15, 1989, Pub. L. 101-235, title I, Sec. 108(a), 103 Stat. 2003.) -MISC1- EFFECTIVE DATE Section 108(b) of Pub. L. 101-235 provided that: 'The amendment made by subsection (a) (enacting this section) shall apply only with respect to violations referred to in the amendment that occur on or after the effective date of this section (Dec. 15, 1989).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1715z-1a of this title. ------DocID 16215 Document 19 of 2201------ -CITE- 12 USC Sec. 1749bbb-15 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-C Part D -HEAD- Sec. 1749bbb-15. Study of reinsurance and other programs; report to the President and Congress -STATUTE- (a) The Director is authorized and directed to conduct a study of reinsurance and other means to help assure - (1) an adequate market for burglary and theft and other property insurance in urban areas; and (2) adequate availability of surety bonds for construction contractors in urban areas. (b) The Director shall submit the results of this study, together with appropriate recommendations, to the President and Congress no later than June 30, 1970. -SOURCE- (June 27, 1934, ch. 847, title XII, Sec. 1245, formerly Sec. 1235, as added Aug. 1, 1968, Pub. L. 90-448, title XI, Sec. 1103, 82 Stat. 565, amended Dec. 24, 1969, Pub. L. 91-152, title IV, Sec. 407, 83 Stat. 396, renumbered Dec. 31, 1970, Pub. L. 91-609, title VI, Sec. 602(d), 84 Stat. 1789, and amended Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 452(b)(1), 97 Stat. 1230.) -MISC1- AMENDMENTS 1983 - Pub. L. 98-181 substituted 'Director' for 'Secretary' wherever appearing. 1969 - Subsec. (b). Pub. L. 91-152 substituted 'June 30, 1970' for 'one year following August 1, 1968'. ------DocID 16299 Document 20 of 2201------ -CITE- 12 USC CHAPTER 15 -EXPCITE- TITLE 12 CHAPTER 15 -HEAD- CHAPTER 15 - FEDERAL LOAN AGENCY ------DocID 16995 Document 21 of 2201------ -CITE- 13 USC Sec. 15 -EXPCITE- TITLE 13 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 15. Leases for 1980 decennial census -STATUTE- The 15 percent limitation contained in section 322 (FOOTNOTE 1) of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 278a) shall not apply to leases entered into by the Secretary for the purpose of carrying out the 1980 decennial census, but no lease may be entered into for such purpose at a rental in excess of 105 percent of the appraised fair annual rental of the leased premises, or a proportionate part of the appraised fair annual rental in the case of a lease for less than a year. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Added Pub. L. 96-52, Sec. 1(a), Aug. 13, 1979, 93 Stat. 358.) -REFTEXT- REFERENCES IN TEXT Section 322 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 278a), referred to in text, was repealed by Pub. L. 100-678, Sec. 7, Nov. 17, 1988, 102 Stat. 4052. ------DocID 17303 Document 22 of 2201------ -CITE- 14 USC (CHAPTER 15 -EXPCITE- TITLE 14 PART I (CHAPTER 15 -HEAD- (CHAPTER 15 - REPEALED) ------DocID 7649 Document 23 of 2201------ -CITE- 2 USC CHAPTER 15 -EXPCITE- TITLE 2 CHAPTER 15 -HEAD- CHAPTER 15 - OFFICE OF TECHNOLOGY ASSESSMENT -MISC1- Sec. 471. Congressional findings and declaration of purpose. 472. Office of Technology Assessment. (a) Creation. (b) Composition. (c) Functions and duties. (d) Initiation of assessment activities. (e) Availability of information. 473. Technology Assessment Board. (a) Membership. (b) Execution of functions during vacancies; filling of vacancies. (c) Chairman and vice chairman; selection procedure. (d) Meetings; powers of Board. 474. Director of Office of Technology Assessment. (a) Appointment; term; compensation. (b) Powers and duties. (c) Deputy Director; appointment; functions; compensation. (d) Restrictions on outside employment activities of Director and Deputy Director. 475. Powers of Office of Technology Assessment. (a) Use of public and private personnel and organizations; formation of special ad hoc task forces; contracts with governmental, etc., agencies and instrumentalities; advance, progress, and other payments; utilization of services of voluntary and uncompensated personnel; acquisition, holding, and disposal of real and personal property; promulgation of rules and regulations. (b) Recordkeeping by contractors and other parties entering into contracts and other arrangements with Office; availability of books and records to Office and Comptroller General for audit and examination. (c) Operation of laboratories, pilot plants, or test facilities. (d) Requests to executive departments or agencies for information, suggestions, estimates, statistics, and technical assistance; duty of executive departments and agencies to furnish information, etc. (e) Requests to heads of executive departments or agencies for detail of personnel; reimbursement. (f) Appointment and compensation of personnel. 476. Technology Assessment Advisory Council. (a) Establishment; composition. (b) Duties. (c) Chairman and Vice Chairman; election by Council from members appointed from public; terms and conditions of service. (d) Terms of office of members appointed from public; reappointment. (e) Payment to Comptroller General and Director of Congressional Research Service of travel and other necessary expenses; payment to members appointed from public of compensation and reimbursement for travel, subsistence, and other necessary expenses. 477. Utilization of services of Library of Congress. (a) Authority of Librarian to make available services and assistance of Congressional Research Service. (b) Scope of services and assistance. (c) Services or responsibilities performed by Congressional Research Service for Congress not altered or modified; authority of Librarian to establish within Congressional Research Service additional divisions, etc. (d) Reimbursement for services and assistance. 478. Utilization of services of General Accounting Office. (a) Authority of General Accounting Office to furnish financial and administrative services. (b) Scope of services and assistance. (c) Services or responsibilities performed by General Accounting Office for Congress not altered or modified. (d) Reimbursement for services and assistance. 479. Coordination of activities with National Science Foundation. 480. Annual report to Congress. 481. Authorization of appropriations; availability of appropriations. ------DocID 17427 Document 24 of 2201------ -CITE- 15 USC CHAPTER 1 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE -MISC1- Sec. 1. Trusts, etc., in restraint of trade illegal; penalty. 2. Monopolizing trade a felony; penalty. 3. Trusts in Territories or District of Columbia illegal; combination a felony. 4. Jurisdiction of courts; duty of United States attorneys; procedure. 5. Bringing in additional parties. 6. Forfeiture of property in transit. 6a. Conduct involving trade or commerce with foreign nations. 7. 'Person' or 'persons' defined. 8. Trusts in restraint of import trade illegal; penalty. 9. Jurisdiction of courts; duty of United States attorneys; procedure. 10. Bringing in additional parties. 11. Forfeiture of property in transit. 12. Definitions; short title. 13. Discrimination in price, services, or facilities. (a) Price; selection of customers. (b) Burden of rebutting prima-facie case of discrimination. (c) Payment or acceptance of commission, brokerage, or other compensation. (d) Payment for services or facilities for processing or sale. (e) Furnishing services or facilities for processing, handling, etc. (f) Knowingly inducing or receiving discriminatory price. 13a. Discrimination in rebates, discounts, or advertising service charges; underselling in particular localities; penalties. 13b. Cooperative association; return of net earnings or surplus. 13c. Exemption of non-profit institutions from price discrimination provisions. 14. Sale, etc., on agreement not to use goods of competitor. 15. Suits by persons injured. (a) Amount of recovery; prejudgment interest. (b) Amount of damages payable to foreign states and instrumentalities of foreign states. (c) Definitions. 15a. Suits by United States; amount of recovery; prejudgment interest. 15b. Limitation of actions. 15c. Actions by State attorneys general. (a) Parens patriae; monetary relief; damages; prejudgment interest. (b) Notice; exclusion election; final judgment. (c) Dismissal or compromise of action. (d) Attorneys' fees. 15d. Measurement of damages. 15e. Distribution of damages. 15f. Actions by Attorney General. (a) Notification to State attorney general. (b) Availability of files and other materials. 15g. Definitions. 15h. Applicability of parens patriae actions. 16. Judgments. (a) Prima facie evidence; collateral estoppel. (b) Consent judgments and competitive impact statements; publication in Federal Register; availability of copies to the public. (c) Publication of summaries in newspapers. (d) Consideration of public comments by Attorney General and publication of response. (e) Public interest determination. (f) Procedure for public interest determination. (g) Filing of written or oral communications with the district court. (h) Inadmissibility as evidence of proceedings before the district court and the competitive impact statement. (i) Suspension of limitations. 17. Antitrust laws not applicable to labor organizations. 18. Acquisition by one corporation of stock of another. 18a. Premerger notification and waiting period. (a) Filing. (b) Waiting period; publication; voting securities. (c) Exempt transactions. (d) Commission rules. (e) Additional information; waiting period extensions. (f) Preliminary injunctions; hearings. (g) Civil penalty; compliance; power of court. (h) Disclosure exemption. (i) Construction with other laws. (j) Report to Congress; legislative recommendations. 19. Interlocking directorates and officers. 19a, 20. Repealed. 21. Enforcement provisions. (a) Commission, Board, or Secretary authorized to enforce compliance. (b) Issuance of complaints for violations; hearing; intervention; filing of testimony; report; cease and desist orders; reopening and alteration of reports or orders. (c) Review of orders; jurisdiction; filing of petition and record of proceeding; conclusiveness of findings; additional evidence; modification of findings; finality of judgment and decree. (d) Exclusive jurisdiction of Court of Appeals. (e) Liability under antitrust laws. (f) Service of complaints, orders and other processes. (g) Finality of orders generally. (h) Finality of orders modified by Supreme Court. (i) Finality of orders modified by Court of Appeals. (j) Finality of orders issued on rehearing ordered by Court of Appeals or Supreme Court. (k) 'Mandate' defined. (l) Penalties. 21a. Actions and proceedings pending prior to June 19, 1936; additional and continuing violations. 22. District in which to sue corporation. 23. Suits by United States; subpoenas for witnesses. 24. Liability of directors and agents of corporation. 25. Restraining violations; procedure. 26. Injunctive relief for private parties; exception; costs. 26a. Restrictions on the purchase of gasohol and synthetic motor fuel. (a) Limitations on the use of credit instruments; sales, resales, and transfers. (b) Credit fees; equivalent conventional motor fuel sales; labeling of pumps; product liability disclaimers; advertising support; furnishing facilities. (c) 'United States' defined. 27. Effect of partial invalidity. 28. Repealed. 29. Appeals. (a) Court of appeals; review by Supreme Court. (b) Direct appeals to Supreme Court. 30. Depositions for use in suits in equity; proceedings open to public. 31. Panama Canal closed to violators of antitrust laws. 32, 33. Repealed. 34. Definitions applicable to sections 34 to 36. 35. Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity. (a) Prohibition in general. (b) Preconditions for attachment of prohibition; prima facie evidence for nonapplication of prohibition. 36. Recovery of damages, etc., for antitrust violations on claim against person based on official action directed by local government, or official or employee thereof acting in an official capacity. (a) Prohibition in general. (b) Nonapplication of prohibition for cases commenced before effective date of provisions. HISTORICAL NOTE This chapter includes among other statutory provisions the Sherman Act, comprising sections 1 to 7 of this title, the Clayton Act, comprising sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of this title and sections 52 and 53 of Title 29, Labor, the Wilson Tariff Act, comprising sections 8 and 9 of this title, the Robinson-Patman Price Discrimination Act, comprising sections 13, 13a, 13b, and 21a of this title, the 'Expediting Act', sections 28 and 29 of this title, and the 'Hart-Scott-Rodino Antitrust Improvements Act of 1976', comprising sections 15c to 15h, 18a, and 66 of this title. For complete classification of the Hart-Scott-Rodino Act, see Short Title note under section 1 of this title. CONGRESSIONAL INVESTIGATION OF MONOPOLY Joint Res. June 16, 1938, ch. 456, 52 Stat. 705, created a Temporary National Economic Committee which was authorized to make a full investigation on monopoly and the concentration of economic power in and financial control over production and distribution of goods and services. The time for submitting the final report under Joint Res. June 16, 1938, ch. 456, 52 Stat. 705, as amended Apr. 26, 1939, ch. 104, Sec. 1, 2, 53 Stat. 624, was extended to Apr. 3, 1941, by Joint Res. Dec. 16, 1940, ch. 932, 54 Stat. 1225. The committee's report was presented to Congress on March 31, 1941, and was published in Senate Document No. 35. -EXEC- EXECUTIVE ORDER NO. 12022 Ex. Ord. No. 12022, Dec. 1, 1977, 42 F.R. 61441, as amended by Ex. Ord. No. 12052, Apr. 7, 1978, 43 F.R. 15133, which related to the National Commission for the Review of Antitrust Laws and Procedures, was revoked by Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, set out as a note under section 14 of the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Arbitration of controversies arising out of maritime contracts or transactions, see section 1 et seq. of Title 9, Arbitration. Associations engaged in catching and marketing aquatic products, see section 522 of this title. Associations of producers of agriculture products monopolizing or restraining trade and unduly enhancing prices, see section 292 of Title 7, Agriculture. Automobile dealer suits against manufacturers, see chapter 27 of this title. Bids for services and supplies for armed forces violating anti-trust laws, reference to Attorney General, see section 2305 of Title 10, Armed Forces. Carriers - Agreements between carriers as to rates, spares, etc., see section 10706 of Title 49, Transportation. Combinations to prevent continuous carriage of freight prohibited, see section 10745 of Title 49. Consolidation or merger as relieving from operation of anti-trust laws, see section 11341 of Title 49. Department of Commerce, see section 1501 et seq. of this title. District courts, original jurisdiction of any civil action or proceeding arising under this chapter, see section 1337 of Title 28, Judiciary and Judicial Procedure. Electrical energy, monopolistic combinations prohibited, see section 803 of Title 16, Conservation. Exemptions from anti-trust laws - Marketing agreements of Secretary of Agriculture with manufacturers and others engaged in handling anti-hog-cholera serum and hog-cholera virus, see section 852 of Title 7, Agriculture. Marketing agreements of Secretary of Agriculture with processors, producers, associations of producers, and others engaged in handling any agricultural commodity or product thereof, see section 608b of Title 7. Meetings, awards, and agreements concerning marketing of milk or its products, see section 671 of Title 7. Export trade, applicability of sections 1 to 7 of this title, see section 62 of this title. Federal Trade Commission - Investigation of compliance with anti-trust decrees and violation of anti-trust statutes, and recommendations for readjustment of business of offending corporations, see section 46 of this title. Reference of equity suits to commission, see section 47 of this title. Import trade - Sale of imported articles at less than market value or wholesale price prohibited, see section 72 of this title. Unfair methods of competition and unfair practices in import trade as unlawful, see section 1337 of Title 19, Customs Duties. Insurance business as subject to this chapter, see sections 1012 and 1013 of this title. Packers or live poultry dealers restraining commerce or creating a monopoly, see section 192 of Title 7, Agriculture. Radio - Competition in commerce, see section 314 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. Manufacture or sale, see section 313 of Title 47. Telecasting of professional sports contests, antitrust laws exemption, see section 1291 et seq. of this title. Tobacco control, compacts between states, see section 515 of Title 7, Agriculture. -SECREF- ANTITRUST ACTS AND LAWS DEFINED IN OTHER SECTIONS Antitrust acts and laws are defined in sections 12, 44, 1311, 1802, 3301, 3503, 4002, 4021, 4301 of this title; title 10 section 7430; title 12 sections 1828, 1849; title 16 section 2602; title 17 section 109; title 28 section 1407; title 30 sections 184, 1413; title 33 section 1502; title 40 section 488; title 42 sections 5417, 5909, 6202, 8235f, 9102; title 43 sections 1331, 1770; title 45 section 791; title 46 App. section 1702; title 49 section 10706; title 49 App. section 1384; title 50 App. sections 1941a, 2158. ------DocID 17428 Document 25 of 2201------ -CITE- 15 USC Sec. 1 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 1. Trusts, etc., in restraint of trade illegal; penalty -STATUTE- Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court. -SOURCE- (July 2, 1890, ch. 647, Sec. 1, 26 Stat. 209; Aug. 17, 1937, ch. 690, title VIII, 50 Stat. 693; July 7, 1955, ch. 281, 69 Stat. 282; Dec. 21, 1974, Pub. L. 93-528, Sec. 3, 88 Stat. 1708; Dec. 12, 1975, Pub. L. 94-145, Sec. 2, 89 Stat. 801; Nov. 16, 1990, Pub. L. 101-588, Sec. 4(a), 104 Stat. 2880.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-588 substituted '$10,000,000' for 'one million dollars' and '$350,000' for 'one hundred thousand dollars'. 1975 - Pub. L. 94-145 struck out from first sentence two provisos granting anti-trust exemption to State fair trade laws. 1974 - Pub. L. 93-528 substituted 'a felony, and, on conviction thereof, shall be punished by fine not exceeding one million dollars if a corporation, or, if any other person, one hundred thousand dollars, or by imprisonment not exceeding three years' for 'a misdemeanor, and on conviction thereof, shall be punished by fine not exceeding fifty thousand dollars, or by imprisonment not exceeding one year'. 1955 - Act July 7, 1955, substituted 'fifty thousand dollars' for 'five thousand dollars'. 1937 - Act Aug. 17, 1937, inserted two provisos. EFFECTIVE DATE OF 1975 AMENDMENT Section 4 of Pub. L. 94-145 provided that: 'The amendments made by sections 2 and 3 of this Act (amending this section and section 45 of this title) shall take effect upon the expiration of the ninety-day period which begins on the date of enactment of this Act (Dec. 12, 1975).' SHORT TITLE OF 1990 AMENDMENT Section 1 of Pub. L. 101-588 provided: 'That this Act (amending this section and sections 2, 3, 15a, and 19 of this title and repealing section 20 of this title) may be cited as the 'Antitrust Amendments Act of 1990'.' SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-544, Sec. 1, Oct. 24, 1984, 98 Stat. 2750, provided: 'That this Act (enacting sections 34 to 36 of this title and provisions set out as a note under section 34 of this title) may be cited as the 'Local Government Antitrust Act of 1984'.' SHORT TITLE OF 1982 AMENDMENT Pub. L. 97-290, title IV, Sec. 401, Oct. 8, 1982, 96 Stat. 1246, provided that: 'This title (enacting section 6a of this title and amending section 45 of this title) may be cited as the 'Foreign Trade Antitrust Improvements Act of 1982'.' SHORT TITLE OF 1980 AMENDMENT Pub. L. 96-493, Sec. 1, Dec. 2, 1980, 94 Stat. 2568, provided: 'That this Act (enacting section 26a of this title) may be cited as the 'Gasohol Competition Act of 1980'.' SHORT TITLE OF 1976 AMENDMENT Section 1 of Pub. L. 94-435, Sept. 30, 1976, 90 Stat. 1383, provided: 'That this Act (enacting sections 15c to 15h, 18a, and 66 of this title, amending sections 12, 15b, 16, 26, and 1311 to 1314 of this title, section 1505 of Title 18, Crimes and Criminal Procedure, and section 1407 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 1, 8, 15c, 18a, and 1311 of this title) may be cited as the 'Hart-Scott-Rodino Antitrust Improvements Act of 1976'.' SHORT TITLE OF 1975 AMENDMENT Section 1 of Pub. L. 94-145 provided: 'That this Act (amending this section and section 45 of this title and enacting provisions set out as a note under this section) may be cited as the 'Consumer Goods Pricing Act of 1975'.' SHORT TITLE OF 1974 AMENDMENT Section 1 of Pub. L. 93-528 provided: 'That this Act (amending this section and section 2, 3, 16, 28, and 29 of this title, section 401 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and sections 43, 44, and 45 of former Title 49, Transportation, and enacting provisions set out as notes under sections 1 and 29 of this title) may be cited as the 'Antitrust Procedures and Penalties Act'.' SHORT TITLE Pub. L. 94-435, title III, Sec. 305(a), Sept. 30, 1976, 90 Stat. 1397, added immediately following the enacting clause of act July 2, 1890, the following: 'That this Act (sections 1 to 7 of this title) may be cited as the 'Sherman Act'.' -CROSS- CROSS REFERENCES Antitrust laws inapplicable to labor organizations, see section 17 of this title. Carriers relieved from operation of this chapter, see section 11341 of Title 49, Transportation. Combinations in restraint of import trade, see section 8 of this title. Conspiracy to commit offense or to defraud United States, see section 371 of Title 18, Crimes and Criminal Procedure. Discrimination in price, services or facilities, see section 13 of this title. Fishing industry, restraints of trade in, see section 522 of this title. Monopolies prohibited, see section 2 of this title. Trusts in territories or District of Columbia prohibited, see section 3 of this title. -SECREF- SHERMAN ACT REFERRED TO IN OTHER SECTIONS The Sherman Act (15 U.S.C. 1 to 7) is referred to in sections 12, 15c, 15d, 29, 30, 31, 44, 62, 1012, 1013, 3301, 3503 of this title; title 7 section 225; title 10 section 7430; title 12 sections 1828, 1849; title 16 section 2602; title 30 sections 184, 1413; title 33 section 1502; title 40 section 488; title 42 sections 2135, 5417, 5909, 6202, 8235f, 9102; title 43 sections 970, 1331, 1770; title 45 section 791; title 46 App. sections 814, 1702; title 49 section 10706; title 50 App. sections 1941a, 2158. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4, 6, 6a, 7, 18a of this title. ------DocID 17429 Document 26 of 2201------ -CITE- 15 USC Sec. 2 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 2. Monopolizing trade a felony; penalty -STATUTE- Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court. -SOURCE- (July 2, 1890, ch. 647, Sec. 2, 26 Stat. 209; July 7, 1955, ch. 281, 69 Stat. 282; Dec. 21, 1974, Pub. L. 93-528, Sec. 3, 88 Stat. 1708; Nov. 16, 1990, Pub. L. 101-588, Sec. 4(b), 104 Stat. 2880.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-588 substituted '$10,000,000' for 'one million dollars' and '$350,000' for 'one hundred thousand dollars'. 1974 - Pub. L. 93-528 substituted 'a felony, and, on conviction thereof, shall be punished by fine not exceeding one million dollars if a corporation, or, if any other person, one hundred thousand dollars, or by imprisonment not exceeding three years' for 'a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding fifty thousand dollars, or by imprisonment not exceeding one year'. 1955 - Act July 7, 1955, substituted 'fifty thousand dollars' for 'five thousand dollars'. -CROSS- CROSS REFERENCES Antitrust laws inapplicable to labor organizations, see section 17 of this title. Carriers relieved from operation of this chapter, see section 11341 of Title 49, Transportation. Combinations in restraint of import trade, see section 8 of this title. Conspiracy to commit offense or to defraud United States, see section 371 of Title 18, Crimes and Criminal Procedure. Discrimination in price, services or facilities, see section 13 of this title. Fishing industry, monopolies in, see section 522 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 18a of this title; title 12 section 1849. ------DocID 17430 Document 27 of 2201------ -CITE- 15 USC Sec. 3 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 3. Trusts in Territories or District of Columbia illegal; combination a felony -STATUTE- Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or both said punishments, in the discretion of the court. -SOURCE- (July 2, 1890, ch. 647, Sec. 3, 26 Stat. 209; July 7, 1955, ch. 281, 69 Stat. 282; Dec. 21, 1974, Pub. L. 93-528, Sec. 3, 88 Stat. 1708; Nov. 16, 1990, Pub. L. 101-588, Sec. 4(c), 104 Stat. 2880.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-588 substituted '$10,000,000' for 'one million dollars' and '$350,000' for 'one hundred thousand dollars'. 1974 - Pub. L. 93-528 substituted 'a felony, and, on conviction thereof, shall be punished by fine not exceeding one million dollars if a corporation, or, if any other person, one hundred thousand dollars, or by imprisonment not exceeding three years' for 'a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding fifty thousand dollars, or by imprisonment not exceeding one year'. 1955 - Act July 7, 1955, substituted 'fifty thousand dollars' for 'five thousand'. -CROSS- CROSS REFERENCES Antitrust laws inapplicable to labor organizations, see section 17 of this title. Carriers relieved from operation of this chapter, see section 11341 of Title 49, Transportation. Combinations in restraint of import trade, see section 8 of this title. Conspiracy to commit offense or to defraud United States, see section 371 of Title 18, Crimes and Criminal Procedure. Discrimination in price, services or facilities, see section 13 of this title. ------DocID 17431 Document 28 of 2201------ -CITE- 15 USC Sec. 4 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 4. Jurisdiction of courts; duty of United States attorneys; procedure -STATUTE- The several district courts of the United States are invested with jurisdiction to prevent and restrain violations of sections 1 to 7 of this title; and it shall be the duty of the several United States attorneys, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises. -SOURCE- (July 2, 1890, ch. 647, Sec. 4, 26 Stat. 209; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.) -COD- CODIFICATION Act Mar. 3, 1911, vested jurisdiction in 'district' courts, instead of 'circuit' courts. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorneys' for 'district attorneys of the United States'. See section 541 et seq. of Title 28, Judiciary and Judicial Procedure. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Commencement of action by filing a complaint with the court, see rule 3, Title 28, Appendix, Judiciary and Judicial Procedure. Continuation of section under rule 65, see note by Advisory Committee under rule 65. Injunctions, see rule 65. One form of action, see rule 2. Pleadings allowed, see rule 7. Rules as governing the procedure in all suits of a civil nature whether cognizable as cases at law or in equity, see rule 1. CROSS REFERENCES Issuance of injunctions in labor disputes, see sections 52 and 107 of Title 29, Labor. Restraining trusts in restraint of import trade, see section 9 of this title. Restraining violations of Clayton Act, see sections 25 and 26 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5 of this title. ------DocID 17432 Document 29 of 2201------ -CITE- 15 USC Sec. 5 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 5. Bringing in additional parties -STATUTE- Whenever it shall appear to the court before which any proceeding under section 4 of this title may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof. -SOURCE- (July 2, 1890, ch. 647, Sec. 5, 26 Stat. 210.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Adding or dropping parties, see rule 21, Title 28, Appendix, Judiciary and Judicial Procedure. Continuance of section under rule 4, see note by Advisory Committee under rule 4. Process, see rule 4. CROSS REFERENCES Bringing in additional parties, see, also, sections 10 and 25 of this title. ------DocID 17433 Document 30 of 2201------ -CITE- 15 USC Sec. 6 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 6. Forfeiture of property in transit -STATUTE- Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section 1 of this title, and being in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law. -SOURCE- (July 2, 1890, ch. 647, Sec. 6, 26 Stat. 210.) -CROSS- CROSS REFERENCES Fines, penalties, and forfeitures, see chapter 163 of Title 28, Judiciary and Judicial Procedure. Forfeiture of property in transit, see, also, section 11 of this title. ------DocID 17434 Document 31 of 2201------ -CITE- 15 USC Sec. 6a -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 6a. Conduct involving trade or commerce with foreign nations -STATUTE- Sections 1 to 7 of this title shall not apply to conduct involving trade or commerce (other than import trade or import commerce) with foreign nations unless - (1) such conduct has a direct, substantial, and reasonably foreseeable effect - (A) on trade or commerce which is not trade or commerce with foreign nations, or on import trade or import commerce with foreign nations; or (B) on export trade or export commerce with foreign nations, of a person engaged in such trade or commerce in the United States; and (2) such effect gives rise to a claim under the provisions of sections 1 to 7 of this title, other than this section. If sections 1 to 7 of this title apply to such conduct only because of the operation of paragraph (1)(B), then sections 1 to 7 of this title shall apply to such conduct only for injury to export business in the United States. -SOURCE- (July 2, 1890, ch. 647, Sec. 7, as added Oct. 8, 1982, Pub. L. 97-290, title IV, Sec. 402, 96 Stat. 1246.) -MISC1- PRIOR PROVISIONS A prior section 7 of act July 2, 1890, ch. 647, 26 Stat. 210, which related to suits by persons injured by acts in violation of sections 1 to 7 of this title, and which was classified as a note under section 15 of this title, was repealed by act July 7, 1955, ch. 283, Sec. 3, 69 Stat. 283. ------DocID 17435 Document 32 of 2201------ -CITE- 15 USC Sec. 7 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 7. 'Person' or 'persons' defined -STATUTE- The word 'person', or 'persons', wherever used in sections 1 to 7 of this title shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. -SOURCE- (July 2, 1890, ch. 647, Sec. 8, 26 Stat. 210.) -CROSS- CROSS REFERENCES Definition of person, see, also, section 12 of this title. Liability of corporate directors and agents for violation of antitrust laws, see section 24 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6a of this title. ------DocID 17436 Document 33 of 2201------ -CITE- 15 USC Sec. 8 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 8. Trusts in restraint of import trade illegal; penalty -STATUTE- Every combination, conspiracy, trust, agreement, or contract is declared to be contrary to public policy, illegal, and void when the same is made by or between two or more persons or corporations, either of whom, as agent or principal, is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who shall be engaged in the importation of goods or any commodity from any foreign country in violation of this section, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and on conviction thereof in any court of the United States such person shall be fined in a sum not less than $100 and not exceeding $5,000, and shall be further p