Notes on 15 U.S.C. § 46 : US Code - Notes

Search Notes on 15 U.S.C. § 46 : US Code - Notes

(Sept. 26, 1914, ch. 311, Sec. 6, 38 Stat. 721; Pub. L. 93-153,
title IV, Sec. 408(e), Nov. 16, 1973, 87 Stat. 592; Pub. L. 93-637,
title II, Secs. 201(b), 202(b), 203(a), Jan. 4, 1975, 88 Stat.
2193, 2198; Pub. L. 96-37, Sec. 1(b), July 23, 1979, 93 Stat. 95;
Pub. L. 96-252, Secs. 3-5(a), May 28, 1980, 94 Stat. 374, 375; Pub.
L. 100-86, title VII, Sec. 715(a), (b), Aug. 10, 1987, 101 Stat.
655; Pub. L. 103-437, Sec. 5(a), Nov. 2, 1994, 108 Stat. 4582; Pub.
L. 103-438, Sec. 3(e)(2)(A), Nov. 2, 1994, 108 Stat. 4598.)
REFERENCES IN TEXT
The Act to regulate commerce, referred to in subsecs. (a), (b),
and the proviso following subsec. (h), is defined in section 44 of
this title.
The antitrust Acts, referred to in subsecs. (c) to (e), are
defined in section 44 of this title.
The International Antitrust Enforcement Assistance Act of 1994,
referred to in subsec. (i), is Pub. L. 103-438, Nov. 2, 1994, 108
Stat. 4597, which is classified principally to chapter 88 (Sec.
6201 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 6201 of
this title and Tables.
AMENDMENTS
1994 - Pub. L. 103-437, in first and third undesignated pars.
following proviso after subsec. (h), substituted "Committee on
Energy and Commerce" for "Committee on Interstate and Foreign
Commerce".
Subsec. (i). Pub. L. 103-438 added subsec. (i).
1987 - Subsecs. (a), (b). Pub. L. 100-86, Sec. 715(a)(1), (2),
inserted reference to Federal credit unions described in section
57a(f)(4) of this title.
Pub. L. 100-86, Sec. 715(b), in proviso following subsec. (h),
inserted reference to Federal credit unions described in section
57a(f)(4) of this title and reference to in business as a Federal
credit union.
1980 - Subsec. (f). Pub. L. 96-252, Sec. 3(a), substituted "as
are" for ", except trade secrets and names of customers, as it
shall deem expedient" and inserted proviso restricting Commission's
authority to make public trade secrets or commercial or financial
information which is obtained from any person and which is
privileged or confidential.
Pub. L. 96-252, Secs. 3(b)-5(a), inserted three undesignated
paragraphs following subsec. (h) requiring the Commission to
establish a plan to reduce burdens imposed upon small businesses by
the quarterly financial reporting requirements under subsec. (b) of
this section, prohibiting Commissioners and officers and employees
of the Commission from publishing or disclosing information whereby
line-of-business data furnished by particular establishments or
individuals can be identified, and, with certain exceptions, making
this section inapplicable to the business of insurance.
1979 - Subsecs. (a), (b). Pub. L. 96-37, Sec. 1(b)(1), (2),
inserted reference to savings and loan institutions described in
section 57a(f)(3) of this title.
Pub. L. 96-37, Sec. 1(b)(3), in proviso following subsec. (h),
inserted references to savings and loan institutions and to
persons, partnerships, corporations, groups of persons,
partnerships, or corporations or industries that are not engaged or
are engaged only incidentally in business as savings and loan
institutions.
1975 - Subsec. (a). Pub. L. 93-637, Secs. 201(b), 203(a)(1),
substituted "in or whose business affects commerce" for "in
commerce", "person, partnership, or corporation" for "corporation",
and "persons, partnerships, and corporations" for "corporations and
to individuals, associations, and partnerships".
Subsec. (b). Pub. L. 93-637, Secs. 201(b), 203(a)(2), substituted
"in or whose business affects commerce" for "in commerce", "special
orders, persons, partnerships, and corporations, engaged in or
whose business affects commerce, excepting" for "special orders,
corporations engaged in or whose business affects commerce,
excepting", and "respective persons, partnerships, and
corporations" for "respective corporations".
Subsec. (g). Pub. L. 93-637, Sec. 202(b), inserted "(except as
provided in section 57a(a)(2) of this title)" before "to make rules
and regulations".
Pub. L. 93-637, Sec. 203(a)(3), in proviso following subsec. (h),
substituted "any person, partnership, or corporation to the extent
that such action is necessary to the investigation of any person,
partnership, or corporation, group of persons, partnerships, or
corporations," for "any such corporation to the extent that such
action is necessary to the investigation of any corporation, group
of corporations,".
1973 - Pub. L. 93-153 inserted proviso following subsec. (h) that
the Commission's investigatory powers to gather and compile
information, investigate, and require reports or answers is not
curtailed as regards banks and common carriers when the
investigation in question is an investigation of a corporation,
group of corporations, or industry not engaged or engaged only
incidentally in banking or in business as a common carrier subject
to the Act to regulate commerce notwithstanding provisions
excepting banks and common carriers subject to the Act from the
exercise of the Commission's power to investigate and require
reports from corporations.
CHANGE OF NAME
Committee on Energy and Commerce of House of Representatives
treated as referring to Committee on Commerce of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress. Committee on
Commerce of House of Representatives changed to Committee on Energy
and Commerce of House of Representatives, and jurisdiction over
matters relating to securities and exchanges and insurance
generally transferred to Committee on Financial Services of House
of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-252 effective May 28, 1980, see section
23 of Pub. L. 96-252, set out as a note under section 45 of this
title.
APPLICABILITY OF 1975 AMENDMENT TO SUBSECTION (G) OF THIS SECTION
For applicability to rules promulgated or proposed under subsec.
(g) of this section prior to Jan. 4, 1975, of amendment made to
said subsec. (g) by section 202(b) of Act Jan. 4, 1975, see
"Applicability" provisions of section 202(c) of Act Jan. 4, 1975,
set out as a note under section 57a of this title.
TRANSFER OF FUNCTIONS
For transfer of functions of Federal Trade Commission, with
certain exceptions, to Chairman of such Commission, see Reorg. Plan
No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.
1264, set out under section 41 of this title.
STUDY AND EVALUATION OF EFFECTIVENESS OF STATE POLICIES AND
PROGRAMS RELATING TO REGULATION OF CERTAIN HEALTH INSURANCE
POLICIES
Section 5(b) of Pub. L. 96-252 provided that: "The amendment made
in subsection (a) [adding undesignated paragraph authorizing
studies and reports relating to the business of insurance] shall
not be construed to prohibit the Federal Trade Commission from
participating with the Secretary of Health and Human Services in a
comprehensive study and evaluation of the comparative effectiveness
of various State policies and programs relating to the regulation
of health insurance policies available for purchase by individuals
who are eligible for benefits under the program of health insurance
benefits established in title XVIII of the Social Security Act [42
U.S.C. 1395 et seq.]."
EX. ORD. NO. 10544. INSPECTION OF INCOME TAX RETURNS BY FEDERAL
TRADE COMMISSION
Ex. Ord. No. 10544, July 12, 1954, 19 F.R. 4289, provided:
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code (53 Stat. 29; 54 Stat. 1008; 55 Stat. 722)
and in the interest of the internal management of the Government,
it is hereby ordered that corporation income tax returns made for
the year 1953 and subsequent years shall be open to inspection by
the Federal Trade Commission as an aid in executing the powers
conferred upon such Commission by the Federal Trade Commission Act
of September 26, 1914, 38 Stat. 717, [this subchapter], such
inspection to be in accordance and upon compliance with the rules
and regulations prescribed by the Secretary of the Treasury in the
Treasury decision relating to the inspection of returns by the
Federal Trade Commission, approved by me this date [T.D. 6080, 19
F.R. 4308].
This Executive Order shall be effective upon its filing for
publication in the Federal Register.
Dwight D. Eisenhower.