Commerce and Trade - 15 USC Section 46

01/03/05

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.

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.

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.

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.]."

Last modified: June 14, 2006