§ 46. — Additional powers of Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC46]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER I--FEDERAL TRADE COMMISSION
Sec. 46. Additional powers of Commission
The Commission shall also have power--
(a) Investigation of persons, partnerships, or corporations
To gather and compile information concerning, and to investigate
from time to time the organization, business, conduct, practices, and
management of any person, partnership, or corporation engaged in or
whose business affects commerce, excepting banks, savings and loan
institutions described in section 57a(f)(3) of this title, Federal
credit unions described in section 57a(f)(4) of this title, and common
carriers subject to the Act to regulate commerce, and its relation to
other persons, partnerships, and corporations.
(b) Reports of persons, partnerships, and corporations
To require, by general or special orders, persons, partnerships, and
corporations, engaged in or whose business affects commerce, excepting
banks, savings and loan institutions described in section 57a(f)(3) of
this title, Federal credit unions described in section 57a(f)(4) of this
title, and common carriers subject to the Act to regulate commerce, or
any class of them, or any of them, respectively, to file with the
Commission in such form as the Commission may prescribe annual or
special, or both annual and special, reports or answers in writing to
specific questions, furnishing to the Commission such information as it
may require as to the organization, business, conduct, practices,
management, and relation to other corporations, partnerships, and
individuals of the respective persons, partnerships, and corporations
filing such reports or answers in writing. Such reports and answers
shall be made under oath, or otherwise, as the Commission may prescribe,
and shall be filed with the Commission within such reasonable period as
the Commission may prescribe, unless additional time be granted in any
case by the Commission.
(c) Investigation of compliance with antitrust decrees
Whenever a final decree has been entered against any defendant
corporation in any suit brought by the United States to prevent and
restrain any violation of the antitrust Acts, to make investigation,
upon its own initiative, of the manner in which the decree has been or
is being carried out, and upon the application of the Attorney General
it shall be its duty to make such investigation. It shall transmit to
the Attorney General a report embodying its findings and recommendations
as a result of any such investigation, and the report shall be made
public in the discretion of the Commission.
(d) Investigations of violations of antitrust statutes
Upon the direction of the President or either House of Congress to
investigate and report the facts relating to any alleged violations of
the antitrust Acts by any corporation.
(e) Readjustment of business of corporations violating antitrust
statutes
Upon the application of the Attorney General to investigate and make
recommendations for the readjustment of the business of any corporation
alleged to be violating the antitrust Acts in order that the corporation
may thereafter maintain its organization, management, and conduct of
business in accordance with law.
(f) Publication of information; reports
To make public from time to time such portions of the information
obtained by it hereunder as are in the public interest; and to make
annual and special reports to the Congress and to submit therewith
recommendations for additional legislation; and to provide for the
publication of its reports and decisions in such form and manner as may
be best adapted for public information and use: Provided, That the
Commission shall not have any authority to make public any trade secret
or any commercial or financial information which is obtained from any
person and which is privileged or confidential, except that the
Commission may disclose such information to officers and employees of
appropriate Federal law enforcement agencies or to any officer or
employee of any State law enforcement agency upon the prior
certification of an officer of any such Federal or State law enforcement
agency that such information will be maintained in confidence and will
be used only for official law enforcement purposes.
(g) Classification of corporations; regulations
From time to time classify corporations and (except as provided in
section 57a(a)(2) of this title) to make rules and regulations for the
purpose of carrying out the provisions of this subchapter.
(h) Investigations of foreign trade conditions; reports
To investigate, from time to time, trade conditions in and with
foreign countries where associations, combinations, or practices of
manufacturers, merchants, or traders, or other conditions, may affect
the foreign trade of the United States, and to report to Congress
thereon, with such recommendations as it deems advisable.
(i) Investigations of foreign antitrust law violations
With respect to the International Antitrust Enforcement Assistance
Act of 1994 [15 U.S.C. 6201 et seq.], to conduct investigations of
possible violations of foreign antitrust laws (as defined in section 12
of such Act [15 U.S.C. 6211]).
Provided, That the exception of ``banks, savings and loan institutions
described in section 57a(f)(3) of this title, Federal credit unions
described in section 57a(f)(4) of this title, and common carriers
subject to the Act to regulate commerce'' from the Commission's powers
defined in clauses (a) and (b) of this section, shall not be construed
to limit the Commission's authority to gather and compile information,
to investigate, or to require reports or answers from, 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, or industry which is not
engaged or is engaged only incidentally in banking, in business as a
savings and loan institution, in business as a Federal credit union, or
in business as a common carrier subject to the Act to regulate commerce.
The Commission shall establish a plan designed to substantially
reduce burdens imposed upon small businesses as a result of requirements
established by the Commission under clause (b) relating to the filing of
quarterly financial reports. Such plan shall (1) be established after
consultation with small businesses and persons who use the information
contained in such quarterly financial reports; (2) provide for a
reduction of the number of small businesses required to file such
quarterly financial reports; and (3) make revisions in the forms used
for such quarterly financial reports for the purpose of reducing the
complexity of such forms. The Commission, not later than December 31,
1980, shall submit such plan to the Committee on Commerce, Science, and
Transportation of the Senate and to the Committee on Energy and Commerce
of the House of Representatives. Such plan shall take effect not later
than October 31, 1981.
No officer or employee of the Commission or any Commissioner may
publish or disclose information to the public, or to any Federal agency,
whereby any line-of-business data furnished by a particular
establishment or individual can be identified. No one other than
designated sworn officers and employees of the Commission may examine
the line-of-business reports from individual firms, and information
provided in the line-of-business program administered by the Commission
shall be used only for statistical purposes. Information for carrying
out specific law enforcement responsibilities of the Commission shall be
obtained under practices and procedures in effect on May 28, 1980, or as
changed by law.
Nothing in this section (other than the provisions of clause (c) and
clause (d)) shall apply to the business of insurance, except that the
Commission shall have authority to conduct studies and prepare reports
relating to the business of insurance. The Commission may exercise such
authority only upon receiving a request which is agreed to by a majority
of the members of the Committee on Commerce, Science, and Transportation
of the Senate or the Committee on Energy and Commerce of the House of
Representatives. The authority to conduct any such study shall expire at
the end of the Congress during which the request for such study was
made.
(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.
Section Referred to in Other Sections
This section is referred to in sections 57b-1, 57b-2, 57b-3, 6205 of
this title; title 7 sections 198b, 222, 2146, 3807; title 13 section 91;
title 21 sections 467d, 677, 1051.
