Notes on 15 U.S.C. § 41 : US Code - Notes

Search Notes on 15 U.S.C. § 41 : US Code - Notes

(Sept. 26, 1914, ch. 311, Sec. 1, 38 Stat. 717; Mar. 21, 1938, ch.
49, Sec. 1, 52 Stat. 111; 1950 Reorg. Plan No. 8, Sec. 3, eff. May
24, 1950, 15 F.R. 3175, 64 Stat. 1265.)
AMENDMENTS
1938 - Act Mar. 21, 1938, inserted proviso clause to third
sentence.
TRANSFER OF FUNCTIONS
Executive and administrative functions of Federal Trade
Commission, with certain reservations, transferred to Chairman of
such Commission by Reorg. Plan No. 8 of 1950, set out below.
Functions of Federal Trade Commission (1) under Flammable Fabrics
Act [section 1191 et seq. of this title] and under this subchapter
to extent that such functions relate to administration of Flammable
Fabrics Act, and (2) under Act of August 2, 1956, [section 1211 et
seq. of this title], transferred to Consumer Product Safety
Commission by section 30 of Act Oct. 27, 1972, Pub. L. 92-573
[section 2079 of this title].
By section 3 of act Sept. 26, 1914, Bureau of Corporations
abolished and all employees and functions of said Bureau
transferred to Federal Trade Commission.
CLARIFICATION OF STATUS OF SUBSIDIARIES AND AFFILIATES
Pub. L. 106-102, title I, Sec. 133(a), (b), Nov. 12, 1999, 113
Stat. 1383, provided that:
"(a) Clarification of Federal Trade Commission Jurisdiction. -
Any person that directly or indirectly controls, is controlled
directly or indirectly by, or is directly or indirectly under
common control with, any bank or savings association (as such terms
are defined in section 3 of the Federal Deposit Insurance Act [12
U.S.C. 1813]) and is not itself a bank or savings association shall
not be deemed to be a bank or savings association for purposes of
any provisions applied by the Federal Trade Commission under the
Federal Trade Commission Act [15 U.S.C. 41 et seq.].
"(b) Savings Provision. - No provision of this section [amending
section 18a of this title] shall be construed as restricting the
authority of any Federal banking agency (as defined in section 3 of
the Federal Deposit Insurance Act [12 U.S.C. 1813]) under any
Federal banking law, including section 8 of the Federal Deposit
Insurance Act [12 U.S.C. 1818]."
REORGANIZATION PLAN NO. 8 OF 1950
EFF. MAY 24, 1950, 15 F.R. 3175, 64 STAT. 1264
Prepared by the President and transmitted to the Senate and the
House of Representatives in Congress assembled, March 13, 1950,
pursuant to the provisions of the Reorganization Act of 1949,
approved June 20, 1949 [see 5 U.S.C. 901 et seq.].
FEDERAL TRADE COMMISSION
SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN
(a) Subject to the provisions of subsection (b) of this section,
there are hereby transferred from the Federal Trade Commission,
hereinafter referred to as the Commission, to the Chairman of the
Commission, hereinafter referred to as the Chairman, the executive
and administrative functions of the Commission, including functions
of the Commission with respect to (1) the appointment and
supervision of personnel employed under the Commission, (2) the
distribution of business among such personnel and among
administrative units of the Commission, and (3) the use and
expenditure of funds.
(b)(1) In carrying out any of his functions under the provisions
of this section the Chairman shall be governed by general policies
of the Commission and by such regulatory decisions, findings, and
determinations as the Commission may by law be authorized to make.
(2) The appointment by the Chairman of the heads of major
administrative units under the Commission shall be subject to the
approval of the Commission.
(3) Personnel employed regularly and full time in the immediate
offices of members of the Commission other than the Chairman shall
not be affected by the provisions of this reorganization plan.
(4) There are hereby reserved to the Commission its functions
with respect to revising budget estimates and with respect to
determining upon the distribution of appropriated funds according
to major programs and purposes.
SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS
The Chairman may from time to time make such provisions as he
shall deem appropriate authorizing the performance by any officer,
employee, or administrative unit under his jurisdiction of any
function transferred to the Chairman by the provisions of this
reorganization plan.
SEC. 3. DESIGNATION OF CHAIRMAN
The functions of the Commission with respect to choosing a
Chairman from among the membership of the Commission are hereby
transferred to the President.
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 8 of 1950, prepared
in accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Federal Trade Commission. My reasons for
transmitting this plan are stated in any accompanying general
message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 8 of 1950 is
necessary to accomplish one or more of the purposes set forth in
section 2(a) of the Reorganization Act of 1949.
The taking effect of the reorganizations included in this plan
may not in itself result in substantial immediate savings. However,
many benefits in improved operations are probable during the next
years which will result in a reduction in expenditures as compared
with those that would be otherwise necessary. An itemization of
these reductions in advance of actual experience under this plan is
not practicable.
Harry S. Truman.
REORGANIZATION PLAN NO. 4 OF 1961
EFF. JULY 9, 1961, 26 F.R. 6191, 75 STAT. 837
Prepared by the President and transmitted to the Senate and the
House of Representatives in Congress assembled, May 9, 1961,
pursuant to the provisions of the Reorganization Act of 1949, 63
Stat. 203, as amended [see 5 U.S.C. 901 et seq.].
FEDERAL TRADE COMMISSION
SECTION 1. AUTHORITY TO DELEGATE
(a) In addition to its existing authority, the Federal Trade
Commission, hereinafter referred to as the "Commission", shall have
the authority to delegate, by published order or rule, any of its
functions to a division of the Commission, an individual
Commissioner, a hearing examiner, or an employee or employee board,
including functions with respect to hearing, determining, ordering,
certifying, reporting or otherwise acting as to any work, business,
or matter; Provided, however, That nothing herein contained shall
be deemed to supersede the provisions of section 7(a) of the
Administrative Procedure Act (60 Stat. 241), as amended [see 5
U.S.C. 556].
(b) With respect to the delegation of any of its functions, as
provided in subsection (a) of this section, the Commission shall
retain a discretionary right to review the action of any such
division of the Commission, individual Commissioner, hearing
examiner, employee or employee board, upon its own initiative or
upon petition of a party to or an intervenor in such action, within
such time and in such manner as the Commission shall by rule
prescribe: Provided, however, That the vote of a majority of the
Commission less one member thereof shall be sufficient to bring any
such action before the Commission for review.
(c) Should the right to exercise such discretionary review be
declined, or should no such review be sought within the time stated
in the rules promulgated by the Commission, then the action of any
such division of the Commission, individual Commissioner, hearing
examiner, employee or employee board, shall, for all purposes,
including appeal or review thereof, be deemed to be the action of
the Commission.
SEC. 2. TRANSFER OF FUNCTIONS TO THE CHAIRMAN
In addition to the functions transferred by the provisions of
Reorganization Plan No. 8 of 1950 (64 Stat. 1264) [set out as a
note under this section], there are hereby transferred from the
Commission to the Chairman of the Commission the functions of the
Commission with respect to the assignment of Commission personnel,
including Commissioners, to perform such functions as may have been
delegated by the Commission to Commission personnel, including
Commissioners, pursuant to section 1 of this reorganization plan.
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 4 of 1961, prepared
in accordance with the Reorganization Act of 1949, as amended, and
providing for reorganization in the Federal Trade Commission.
This Reorganization Plan No. 4 of 1961 follows upon my message of
April 13, 1961, to the Congress of the United States. It is
believed that the taking effect of the reorganizations included in
this plan will provide for greater efficiency in the dispatch of
the business of the Federal Trade Commission.
The plan provides for greater flexibility in the handling of the
business before the Commission, permitting its disposition at
different levels so as better to promote its efficient dispatch.
Thus matters both of an adjudicatory and regulatory nature may,
depending upon their importance and their complexity, be finally
consummated by divisions of the Commission, individual
Commissioners, hearing examiners, and, subject to the provisions of
section 7(a) of the Administrative Procedure Act (60 Stat. 241), by
other employees. This will relieve the Commissioners from the
necessity of dealing with many matters of lesser importance and
thus conserve their time for the consideration of major matters of
policy and planning. There is, however, reserved to the Commission
as a whole the right to review any such decision, report or
certification either upon its own initiative or upon the petition
of a party or intervenor demonstrating to the satisfaction of the
Commission the desirability of having the matter reviewed at the
top level.
Provision is also made, in order to maintain the fundamental
bipartisan concept explicit in the basic statute creating the
Commission, for mandatory review of any such decision, report or
certification upon the vote of a majority of the Commission less
one member.
Inasmuch as the assignment of delegated functions in particular
cases and with reference to particular problems to divisions of the
Commission, to Commissioners, to hearing examiners, to employees
and boards of employees must require continuous and flexible
handling, depending both upon the amount and nature of the
business, that function is placed in the Chairman by section 2 of
the plan.
By providing sound organizational arrangements, the taking effect
of the reorganizations included in the accompanying reorganization
plan will make possible more economical and expeditious
administration of the affected functions. It is, however,
impracticable to itemize at this time the reductions of
expenditures which it is probable will be brought about by such
taking effect.
After investigation, I have found and hereby declare that each
reorganization included in the reorganization plan transmitted
herewith is necessary to accomplish one or more of the purposes set
forth in section 2(a) of the Reorganization Act of 1949, as
amended.
I recommend that the Congress allow the reorganization plan to
become effective.
John F. Kennedy.