-CITE-
    15 USC CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF
           EXPORT TRADE AND PREVENTION OF UNFAIR METHODS
           OF COMPETITION                                  01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                PREVENTION OF UNFAIR METHODS OF COMPETITION


-MISC1-
                  SUBCHAPTER I - FEDERAL TRADE COMMISSION              
    Sec.                                                     
    41.         Federal Trade Commission established; membership;
                 vacancies; seal.                                     
    42.         Employees; expenses.                                  
    43.         Office and place of meeting.                          
    44.         Definitions.                                          
    45.         Unfair methods of competition unlawful; prevention by
                 Commission.                                          
    45a.        Labels on products.                                   
    46.         Additional powers of Commission.                      
    46a.        Concurrent resolution essential to authorize
                 investigations                                       
    47.         Reference of suits under antitrust statutes to
                 Commission.                                          
    48.         Information and assistance from departments.          
    49.         Documentary evidence; depositions; witnesses.         
    50.         Offenses and penalties.                               
    51.         Effect on other statutory provisions.                 
    52.         Dissemination of false advertisements.                
    53.         False advertisements; injunctions and restraining
                 orders.                                              
    54.         False advertisements; penalties.                      
    55.         Additional definitions.                               
    56.         Commencement, defense, intervention and supervision of
                 litigation and appeal by Commission or Attorney
                 General.                                             
    57.         Separability clause.                                  
    57a.        Unfair or deceptive acts or practices rulemaking
                 proceedings.                                         
    57a-1.      Omitted.                                              
    57b.        Civil actions for violations of rules and cease and
                 desist orders respecting unfair or deceptive acts or
                 practices.                                           
    57b-1.      Civil investigative demands.                          
    57b-2.      Confidentiality.                                      
    57b-2a.     Confidentiality and delayed notice of compulsory
                 process for certain third parties.                   
    57b-2b.     Protection for voluntary provision of information.    
    57b-3.      Rulemaking process.                                   
    57b-4.      Good faith reliance on actions of Board of Governors. 
    57b-5.      Agricultural cooperatives.                            
    57c.        Authorization of appropriations.                      
    57c-1.      Staff exchanges.                                      
    57c-2.      Reimbursement of expenses.                            
    58.         Short title.                                          

                 SUBCHAPTER II - PROMOTION OF EXPORT TRADE             
    61.         Export trade; definitions.                            
    62.         Export trade and antitrust legislation.               
    63.         Acquisition of stock of export trade corporation.     
    64.         Unfair methods of competition in export trade.        
    65.         Information required from export trade corporation;
                 powers of Federal Trade Commission.                  
    66.         Short title.                                          

                SUBCHAPTER III - LABELING OF WOOL PRODUCTS            
    68.         Definitions.                                          
    68a.        Misbranding declared unlawful.                        
    68b.        Misbranded wool products.                             
    68c.        Stamp, tag, label, or other identification.           
    68d.        Enforcement of subchapter.                            
    68e.        Condemnation and injunction proceedings.              
    68f.        Exclusion of misbranded wool products.                
    68g.        Guaranty.                                             
    68h.        Criminal penalty.                                     
    68i.        Application of other laws.                            
    68j.        Exceptions from subchapter.                           

                 SUBCHAPTER IV - LABELING OF FUR PRODUCTS             
    69.         Definitions.                                          
    69a.        Violations of Federal Trade Commission Act.           
    69b.        Misbranded fur products.                              
    69c.        False advertising and invoicing.                      
    69d.        Fur products imported into United States.             
    69e.        Name guide for fur products.                          
    69f.        Enforcement of subchapter.                            
    69g.        Condemnation and injunction proceedings.              
    69h.        Guaranty.                                             
    69i.        Criminal penalty.                                     
    69j.        Application of other laws.                            

           SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION       
    70.         Definitions.                                          
    70a.        Violations of Federal Trade Commission Act.           
    70b.        Misbranded and falsely advertised textile fiber
                 products.                                            
    70c.        Removal of stamp, tag, label, or other identification.
    70d.        Records.                                              
    70e.        Enforcement.                                          
    70f.        Injunction proceedings.                               
    70g.        Exclusion of misbranded textile fiber products.       
    70h.        Guaranty.                                             
    70i.        Criminal penalty.                                     
    70j.        Exemptions.                                           
    70k.        Application of other laws.                            

        SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION    
    71.         "Person" defined.                                     
    72.         Repealed.                                             
    73.         Agreements involving restrictions in favor of imported
                 goods.                                               
    74.         Rules and regulations.                                
    75.         Retaliation against country prohibiting importations. 
    76.         Retaliation against restriction of importations in
                 time of war.                                         
    77.         Discrimination against neutral Americans in time of
                 war.                                                 

-End-


-CITE-
    15 USC SUBCHAPTER I - FEDERAL TRADE COMMISSION              01/03/2007

-EXPCITE-
    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

-HEAD-
                  SUBCHAPTER I - FEDERAL TRADE COMMISSION              

-End-



-CITE-
    15 USC Sec. 41                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 41. Federal Trade Commission established; membership;
      vacancies; seal

-STATUTE-
      A commission is created and established, to be known as the
    Federal Trade Commission (hereinafter referred to as the
    Commission), which shall be composed of five Commissioners, who
    shall be appointed by the President, by and with the advice and
    consent of the Senate. Not more than three of the Commissioners
    shall be members of the same political party. The first
    Commissioners appointed shall continue in office for terms of
    three, four, five, six, and seven years, respectively, from
    September 26, 1914, the term of each to be designated by the
    President, but their successors shall be appointed for terms of
    seven years, except that any person chosen to fill a vacancy shall
    be appointed only for the unexpired term of the Commissioner whom
    he shall succeed: Provided, however, That upon the expiration of
    his term of office a Commissioner shall continue to serve until his
    successor shall have been appointed and shall have qualified. The
    President shall choose a chairman from the Commission's membership.
    No Commissioner shall engage in any other business, vocation, or
    employment. Any Commissioner may be removed by the President for
    inefficiency, neglect of duty, or malfeasance in office. A vacancy
    in the Commission shall not impair the right of the remaining
    Commissioners to exercise all the powers of the Commission.
      The Commission shall have an official seal, which shall be
    judicially noticed.

-SOURCE-
    (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.)


-MISC1-
                                AMENDMENTS                            
      1938 - Act Mar. 21, 1938, inserted proviso clause to third
    sentence.


-TRANS-
                           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.


-MISC2-
          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.

-End-



-CITE-
    15 USC Sec. 42                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 42. Employees; expenses

-STATUTE-
      Each commissioner shall receive a salary, payable in the same
    manner as the salaries of the judges of the courts of the United
    States. The commission shall appoint a secretary, who shall receive
    a salary, and it shall have authority to employ and fix the
    compensation of such attorneys, special experts, examiners, clerks,
    and other employees as it may from time to time find necessary for
    the proper performance of its duties and as may be from time to
    time appropriated for by Congress.
      With the exception of the secretary, a clerk to each
    Commissioner, the attorneys, and such special experts and examiners
    as the Commission may from time to time find necessary for the
    conduct of its work, all employees of the Commission shall be a
    part of the classified civil service, and shall enter the service
    under such rules and regulations as may be prescribed by the
    Commission and by the Director of the Office of Personnel
    Management.
      All of the expenses of the Commission, including all necessary
    expenses for transportation incurred by the Commissioners or by
    their employees under their orders, in making any investigation, or
    upon official business in any other places than in the city of
    Washington, shall be allowed and paid on the presentation of
    itemized vouchers therefor approved by the Commission.
      Until otherwise provided by law, the Commission may rent suitable
    offices for its use.
      The Government Accountability Office shall receive and examine
    all accounts of expenditures of the Commission.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 2, 38 Stat. 718; June 10, 1921, ch.
    18, title III, Sec. 304, 42 Stat. 24; 1978 Reorg. Plan No. 2, Sec.
    102, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 108-271, Sec. 8(b), July
    7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The classified civil service, referred to in second par., means
    the "competitive service", see section 2102 of Title 5, Government
    Organization and Employees. Rules and regulations of the Civil
    Service Commission for entry into the service are prescribed
    generally under authority of section 3301 et seq. of Title 5.

-COD-
                               CODIFICATION                           
      In the first par., provisions that fixed the salary of the
    commissioners have been omitted as obsolete. The positions of
    chairman and members of the commission are now under the Executive
    Schedule, see sections 5414 and 5315 of Title 5, Government
    Organization and Employees.
      Provisions that fixed the salary of the secretary of the
    commission, payable in like manner, have been omitted as obsolete.
    The position is now subject to chapter 51 and subchapter III of
    chapter 53 (relating to classification and General Schedule pay
    rates) and section 5504 (relating to biweekly pay periods) of Title
    5.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted in
    text for "Civil Service Commission" pursuant to Reorg. Plan No. 2
    of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under
    section 1101 of Title 5, Government Organization and Employees,
    which transferred all functions vested by statute in the United
    States Civil Service Commission to the Director of the Office of
    Personnel Management (except as otherwise specified), effective
    Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,
    Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.
      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.
      "Government Accountability Office" substituted in text for
    "General Accounting Office" pursuant to section 8(b) of Pub. L. 108-
    271, set out as a note under section 702 of Title 31, Money and
    Finance, which redesignated the General Accounting Office and any
    references thereto as the Government Accountability Office.
    Previously, "General Accounting Office" substituted in text for
    "Auditor for the State and Other Departments" pursuant to act June
    10, 1921, which transferred all powers and duties of the
    Comptroller, six auditors, and certain other employees of the
    Treasury to the General Accounting Office. See section 701 et seq.
    of Title 31.

-End-



-CITE-
    15 USC Sec. 43                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 43. Office and place of meeting

-STATUTE-
      The principal office of the Commission shall be in the city of
    Washington, but it may meet and exercise all its powers at any
    other place. The Commission may, by one or more of its members, or
    by such examiners as it may designate, prosecute any inquiry
    necessary to its duties in any part of the United States.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 3, 38 Stat. 719.)


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 44                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 44. Definitions

-STATUTE-
      The words defined in this section shall have the following
    meaning when found in this subchapter, to wit:
      "Commerce" means commerce among the several States or with
    foreign nations, or in any Territory of the United States or in the
    District of Columbia, or between any such Territory and another, or
    between any such Territory and any State or foreign nation, or
    between the District of Columbia and any State or Territory or
    foreign nation.
      "Corporation" shall be deemed to include any company, trust, so-
    called Massachusetts trust, or association, incorporated or
    unincorporated, which is organized to carry on business for its own
    profit or that of its members, and has shares of capital or capital
    stock or certificates of interest, and any company, trust, so-
    called Massachusetts trust, or association, incorporated or
    unincorporated, without shares of capital or capital stock or
    certificates of interest, except partnerships, which is organized
    to carry on business for its own profit or that of its members.
      "Documentary evidence" includes all documents, papers,
    correspondence, books of account, and financial and corporate
    records.
      "Acts to regulate commerce" means subtitle IV of title 49 and the
    Communications Act of 1934 [47 U.S.C. 151 et seq.] and all Acts
    amendatory thereof and supplementary thereto.
      "Antitrust Acts" means the Act entitled "An Act to protect trade
    and commerce against unlawful restraints and monopolies", approved
    July 2, 1890; also sections 73 to 76, inclusive, of an Act entitled
    "An Act to reduce taxation, to provide revenue for the Government,
    and for other purposes", approved August 27, 1894; also the Act
    entitled "An Act to amend sections 73 and 76 of the Act of August
    27, 1894, entitled 'An Act to reduce taxation, to provide revenue
    for the Government, and for other purposes' ", approved February
    12, 1913; and also the Act entitled "An Act to supplement existing
    laws against unlawful restraints and monopolies, and for other
    purposes", approved October 15, 1914.
      "Banks" means the types of banks and other financial institutions
    referred to in section 57a(f)(2) of this title.
      "Foreign law enforcement agency" means - 
        (1) any agency or judicial authority of a foreign government,
      including a foreign state, a political subdivision of a foreign
      state, or a multinational organization constituted by and
      comprised of foreign states, that is vested with law enforcement
      or investigative authority in civil, criminal, or administrative
      matters; and
        (2) any multinational organization, to the extent that it is
      acting on behalf of an entity described in paragraph (1).

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 4, 38 Stat. 719; Mar. 21, 1938, ch.
    49, Sec. 2, 52 Stat. 111; Pub. L. 102-242, title II, Sec.
    212(g)(1), Dec. 19, 1991, 105 Stat. 2302; Pub. L. 107-273, div. C,
    title IV, Sec. 14102(c)(2)(B), Nov. 2, 2002, 116 Stat. 1921; Pub.
    L. 109-455, Sec. 2, Dec. 22, 2006, 120 Stat. 3372.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by section 13 of Pub. L. 109-455,
    see Termination Date of 2006 Amendment note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Communications Act of 1934, referred to in text, is act June
    19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified
    principally to chapter 5 (Sec. 151 et seq.) of Title 47,
    Telegraphs, Telephones, and Radiotelegraphs. For complete
    classification of this Act to the Code, see section 609 of Title 47
    and Tables.
      The Act entitled "An Act to protect trade and commerce against
    unlawful restraints and monopolies," approved July 2, 1890,
    referred to in the text, is known as the Sherman Act, and is
    classified to sections 1 to 7 of this title.
      Sections 73 to 76, inclusive, of an Act entitled "An Act to
    reduce taxation, to provide revenue for the Government, and for
    other purposes", approved August 27, 1894, referred to in text, are
    known as the Wilson Tariff Act. Sections 73 to 76 are classified to
    sections 8 to 11 of this title.
      Act February 12, 1913, is set out as amendments to sections 8 and
    11 of this title.
      The Act entitled "An Act to supplement existing laws against
    unlawful restraints and monopolies, and for other purposes",
    approved October 15, 1914, referred to in text, is the Clayton Act.
    For classification of the Act to the Code, see References in Text
    note set out under section 12 of this title.

-COD-
                               CODIFICATION                           
      "Subtitle IV of title 49" substituted in text for "the Act
    entitled 'An Act to regulate commerce', approved February 14, 1887,
    and all Acts amendatory thereof and supplementary thereto" on
    authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat.
    1466, the first section of which enacted subtitle IV of Title 49,
    Transportation.


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-455, Secs. 2, 13, temporarily added par.
    defining "Foreign law enforcement agency". See Termination Date of
    2006 Amendment note below.
      2002 - Pub. L. 107-273 substituted "73 to 76" for "73 to 77" in
    par. defining "Antitrust Acts".
      1991 - Pub. L. 102-242 added par. defining "Banks".
      1938 - Act Mar. 21, 1938, amended section generally.

                    TERMINATION DATE OF 2006 AMENDMENT                
      Pub. L. 109-455, Sec. 13, Dec. 22, 2006, 120 Stat. 3382, provided
    that: "This Act [enacting sections 57b-2a, 57b-2b, 57c-1, and 57c-2
    of this title, amending this section, sections 45, 46, 56, 57b-2,
    and 58 of this title, and section 3412 of Title 12, Banks and
    Banking, and enacting provisions set out as notes under this
    section and section 58 of this title], and amendments made by this
    Act, shall cease to have effect on the date that is 7 years after
    the date of enactment of this Act [Dec. 22, 2006]."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and
    applicable only with respect to cases commenced on or after Nov. 2,
    2002, see section 14103 of Pub. L. 107-273, set out as a note under
    section 3 of this title.

                    PRESERVATION OF EXISTING AUTHORITY                
      Pub. L. 109-455, Sec. 12, Dec. 22, 2006, 120 Stat. 3382, provided
    that: "The authority provided by this Act [see Termination Date of
    2006 Amendment note above], and by the Federal Trade Commission Act
    (15 U.S.C. 41 et seq.) and the Right to Financial Privacy Act [of
    1978] (12 U.S.C. 3401 et seq.), as such Acts are amended by this
    Act, is in addition to, and not in lieu of, any other authority
    vested in the Federal Trade Commission or any other officer of the
    United States."

-End-



-CITE-
    15 USC Sec. 45                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 45. Unfair methods of competition unlawful; prevention by
      Commission

-STATUTE-
    (a) Declaration of unlawfulness; power to prohibit unfair
      practices; inapplicability to foreign trade
      (1) Unfair methods of competition in or affecting commerce, and
    unfair or deceptive acts or practices in or affecting commerce, are
    hereby declared unlawful.
      (2) The Commission is hereby empowered and directed to prevent
    persons, partnerships, or corporations, except 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,
    common carriers subject to the Acts to regulate commerce, air
    carriers and foreign air carriers subject to part A of subtitle VII
    of title 49, and persons, partnerships, or corporations insofar as
    they are subject to the Packers and Stockyards Act, 1921, as
    amended [7 U.S.C. 181 et seq.], except as provided in section
    406(b) of said Act [7 U.S.C. 227(b)], from using unfair methods of
    competition in or affecting commerce and unfair or deceptive acts
    or practices in or affecting commerce.
      (3) This subsection shall not apply to unfair methods of
    competition involving commerce with foreign nations (other than
    import commerce) unless - 
        (A) such methods of competition have a direct, substantial, and
      reasonably foreseeable effect - 
          (i) on commerce which is not commerce with foreign nations,
        or on import commerce with foreign nations; or
          (ii) on export commerce with foreign nations, of a person
        engaged in such commerce in the United States; and

        (B) such effect gives rise to a claim under the provisions of
      this subsection, other than this paragraph.

    If this subsection applies to such methods of competition only
    because of the operation of subparagraph (A)(ii), this subsection
    shall apply to such conduct only for injury to export business in
    the United States.
      (4)(A) For purposes of subsection (a), the term "unfair or
    deceptive acts or practices" includes such acts or practices
    involving foreign commerce that - 
        (i) cause or are likely to cause reasonably foreseeable injury
      within the United States; or
        (ii) involve material conduct occurring within the United
      States.

      (B) All remedies available to the Commission with respect to
    unfair and deceptive acts or practices shall be available for acts
    and practices described in this paragraph, including restitution to
    domestic or foreign victims.
    (b) Proceeding by Commission; modifying and setting aside orders
      Whenever the Commission shall have reason to believe that any
    such person, partnership, or corporation has been or is using any
    unfair method of competition or unfair or deceptive act or practice
    in or affecting commerce, and if it shall appear to the Commission
    that a proceeding by it in respect thereof would be to the interest
    of the public, it shall issue and serve upon such person,
    partnership, or corporation a complaint stating its charges in that
    respect and containing a notice of a hearing upon a day and at a
    place therein fixed at least thirty days after the service of said
    complaint. The person, partnership, or corporation so complained of
    shall have the right to appear at the place and time so fixed and
    show cause why an order should not be entered by the Commission
    requiring such person, partnership, or corporation to cease and
    desist from the violation of the law so charged in said complaint.
    Any person, partnership, or corporation may make application, and
    upon good cause shown may be allowed by the Commission to intervene
    and appear in said proceeding by counsel or in person. The
    testimony in any such proceeding shall be reduced to writing and
    filed in the office of the Commission. If upon such hearing the
    Commission shall be of the opinion that the method of competition
    or the act or practice in question is prohibited by this
    subchapter, it shall make a report in writing in which it shall
    state its findings as to the facts and shall issue and cause to be
    served on such person, partnership, or corporation an order
    requiring such person, partnership, or corporation to cease and
    desist from using such method of competition or such act or
    practice. Until the expiration of the time allowed for filing a
    petition for review, if no such petition has been duly filed within
    such time, or, if a petition for review has been filed within such
    time then until the record in the proceeding has been filed in a
    court of appeals of the United States, as hereinafter provided, the
    Commission may at any time, upon such notice and in such manner as
    it shall deem proper, modify or set aside, in whole or in part, any
    report or any order made or issued by it under this section. After
    the expiration of the time allowed for filing a petition for
    review, if no such petition has been duly filed within such time,
    the Commission may at any time, after notice and opportunity for
    hearing, reopen and alter, modify, or set aside, in whole or in
    part any report or order made or issued by it under this section,
    whenever in the opinion of the Commission conditions of fact or of
    law have so changed as to require such action or if the public
    interest shall so require, except that (1) the said person,
    partnership, or corporation may, within sixty days after service
    upon him or it of said report or order entered after such a
    reopening, obtain a review thereof in the appropriate court of
    appeals of the United States, in the manner provided in subsection
    (c) of this section; and (2) in the case of an order, the
    Commission shall reopen any such order to consider whether such
    order (including any affirmative relief provision contained in such
    order) should be altered, modified, or set aside, in whole or in
    part, if the person, partnership, or corporation involved files a
    request with the Commission which makes a satisfactory showing that
    changed conditions of law or fact require such order to be altered,
    modified, or set aside, in whole or in part. The Commission shall
    determine whether to alter, modify, or set aside any order of the
    Commission in response to a request made by a person, partnership,
    or corporation under paragraph (!1) (2) not later than 120 days
    after the date of the filing of such request.

    (c) Review of order; rehearing
      Any person, partnership, or corporation required by an order of
    the Commission to cease and desist from using any method of
    competition or act or practice may obtain a review of such order in
    the court of appeals of the United States, within any circuit where
    the method of competition or the act or practice in question was
    used or where such person, partnership, or corporation resides or
    carries on business, by filing in the court, within sixty days from
    the date of the service of such order, a written petition praying
    that the order of the Commission be set aside. A copy of such
    petition shall be forthwith transmitted by the clerk of the court
    to the Commission, and thereupon the Commission shall file in the
    court the record in the proceeding, as provided in section 2112 of
    title 28. Upon such filing of the petition the court shall have
    jurisdiction of the proceeding and of the question determined
    therein concurrently with the Commission until the filing of the
    record and shall have power to make and enter a decree affirming,
    modifying, or setting aside the order of the Commission, and
    enforcing the same to the extent that such order is affirmed and to
    issue such writs as are ancillary to its jurisdiction or are
    necessary in its judgement to prevent injury to the public or to
    competitors pendente lite. The findings of the Commission as to the
    facts, if supported by evidence, shall be conclusive. To the extent
    that the order of the Commission is affirmed, the court shall
    thereupon issue its own order commanding obedience to the terms of
    such order of the Commission. If either party shall apply to the
    court for leave to adduce additional evidence, and shall show to
    the satisfaction of the court that such additional evidence is
    material and that there were reasonable grounds for the failure to
    adduce such evidence in the proceeding before the Commission, the
    court may order such additional evidence to be taken before the
    Commission and to be adduced upon the hearing in such manner and
    upon such terms and conditions as to the court may seem proper. The
    Commission may modify its findings as to the facts, or make new
    findings, by reason of the additional evidence so taken, and it
    shall file such modified or new findings, which, if supported by
    evidence, shall be conclusive, and its recommendation, if any, for
    the modification or setting aside of its original order, with the
    return of such additional evidence. The judgment and decree of the
    court shall be final, except that the same shall be subject to
    review by the Supreme Court upon certiorari, as provided in section
    1254 of title 28.
    (d) Jurisdiction of court
      Upon the filing of the record with it the jurisdiction of the
    court of appeals of the United States to affirm, enforce, modify,
    or set aside orders of the Commission shall be exclusive.
    (e) Exemption from liability
      No order of the Commission or judgement of court to enforce the
    same shall in anywise relieve or absolve any person, partnership,
    or corporation from any liability under the Antitrust Acts.
    (f) Service of complaints, orders and other processes; return
      Complaints, orders, and other processes of the Commission under
    this section may be served by anyone duly authorized by the
    Commission, either (a) by delivering a copy thereof to the person
    to be served, or to a member of the partnership to be served, or
    the president, secretary, or other executive officer or a director
    of the corporation to be served; or (b) by leaving a copy thereof
    at the residence or the principal office or place of business of
    such person, partnership, or corporation; or (c) by mailing a copy
    thereof by registered mail or by certified mail addressed to such
    person, partnership, or corporation at his or its residence or
    principal office or place of business. The verified return by the
    person so serving said complaint, order, or other process setting
    forth the manner of said service shall be proof of the same, and
    the return post office receipt for said complaint, order, or other
    process mailed by registered mail or by certified mail as aforesaid
    shall be proof of the service of the same.
    (g) Finality of order
      An order of the Commission to cease and desist shall become final
    - 
        (1) Upon the expiration of the time allowed for filing a
      petition for review, if no such petition has been duly filed
      within such time; but the Commission may thereafter modify or set
      aside its order to the extent provided in the last sentence of
      subsection (b).
        (2) Except as to any order provision subject to paragraph (4),
      upon the sixtieth day after such order is served, if a petition
      for review has been duly filed; except that any such order may be
      stayed, in whole or in part and subject to such conditions as may
      be appropriate, by - 
          (A) the Commission;
          (B) an appropriate court of appeals of the United States, if
        (i) a petition for review of such order is pending in such
        court, and (ii) an application for such a stay was previously
        submitted to the Commission and the Commission, within the 30-
        day period beginning on the date the application was received
        by the Commission, either denied the application or did not
        grant or deny the application; or
          (C) the Supreme Court, if an applicable petition for
        certiorari is pending.

        (3) For purposes of subsection (m)(1)(B) of this section and of
      section 57b(a)(2) of this title, if a petition for review of the
      order of the Commission has been filed - 
          (A) upon the expiration of the time allowed for filing a
        petition for certiorari, if the order of the Commission has
        been affirmed or the petition for review has been dismissed by
        the court of appeals and no petition for certiorari has been
        duly filed;
          (B) upon the denial of a petition for certiorari, if the
        order of the Commission has been affirmed or the petition for
        review has been dismissed by the court of appeals; or
          (C) upon the expiration of 30 days from the date of issuance
        of a mandate of the Supreme Court directing that the order of
        the Commission be affirmed or the petition for review be
        dismissed.

        (4) In the case of an order provision requiring a person,
      partnership, or corporation to divest itself of stock, other
      share capital, or assets, if a petition for review of such order
      of the Commission has been filed - 
          (A) upon the expiration of the time allowed for filing a
        petition for certiorari, if the order of the Commission has
        been affirmed or the petition for review has been dismissed by
        the court of appeals and no petition for certiorari has been
        duly filed;
          (B) upon the denial of a petition for certiorari, if the
        order of the Commission has been affirmed or the petition for
        review has been dismissed by the court of appeals; or
          (C) upon the expiration of 30 days from the date of issuance
        of a mandate of the Supreme Court directing that the order of
        the Commission be affirmed or the petition for review be
        dismissed.
    (h) Modification or setting aside of order by Supreme Court
      If the Supreme Court directs that the order of the Commission be
    modified or set aside, the order of the Commission rendered in
    accordance with the mandate of the Supreme Court shall become final
    upon the expiration of thirty days from the time it was rendered,
    unless within such thirty days either party has instituted
    proceedings to have such order corrected to accord with the
    mandate, in which event the order of the Commission shall become
    final when so corrected.
    (i) Modification or setting aside of order by Court of Appeals
      If the order of the Commission is modified or set aside by the
    court of appeals, and if (1) the time allowed for filing a petition
    for certiorari has expired and no such petition has been duly
    filed, or (2) the petition for certiorari has been denied, or (3)
    the decision of the court has been affirmed by the Supreme Court,
    then the order of the Commission rendered in accordance with the
    mandate of the court of appeals shall become final on the
    expiration of thirty days from the time such order of the
    Commission was rendered, unless within such thirty days either
    party has instituted proceedings to have such order corrected so
    that it will accord with the mandate, in which event the order of
    the Commission shall become final when so corrected.
    (j) Rehearing upon order or remand
      If the Supreme Court orders a rehearing; or if the case is
    remanded by the court of appeals to the Commission for a rehearing,
    and if (1) the time allowed for filing a petition for certiorari
    has expired, and no such petition has been duly filed, or (2) the
    petition for certiorari has been denied, or (3) the decision of the
    court has been affirmed by the Supreme Court, then the order of the
    Commission rendered upon such rehearing shall become final in the
    same manner as though no prior order of the Commission had been
    rendered.
    (k) "Mandate" defined
      As used in this section the term "mandate", in case a mandate has
    been recalled prior to the expiration of thirty days from the date
    of issuance thereof, means the final mandate.
    (l) Penalty for violation of order; injunctions and other
      appropriate equitable relief
      Any person, partnership, or corporation who violates an order of
    the Commission after it has become final, and while such order is
    in effect, shall forfeit and pay to the United States a civil
    penalty of not more than $10,000 for each violation, which shall
    accrue to the United States and may be recovered in a civil action
    brought by the Attorney General of the United States. Each separate
    violation of such an order shall be a separate offense, except that
    in a case of a violation through continuing failure to obey or
    neglect to obey a final order of the Commission, each day of
    continuance of such failure or neglect shall be deemed a separate
    offense. In such actions, the United States district courts are
    empowered to grant mandatory injunctions and such other and further
    equitable relief as they deem appropriate in the enforcement of
    such final orders of the Commission.
    (m) Civil actions for recovery of penalties for knowing violations
      of rules and cease and desist orders respecting unfair or
      deceptive acts or practices; jurisdiction; maximum amount of
      penalties; continuing violations; de novo determinations;
      compromise or settlement procedure
      (1)(A) The Commission may commence a civil action to recover a
    civil penalty in a district court of the United States against any
    person, partnership, or corporation which violates any rule under
    this chapter respecting unfair or deceptive acts or practices
    (other than an interpretive rule or a rule violation of which the
    Commission has provided is not an unfair or deceptive act or
    practice in violation of subsection (a)(1) of this section) with
    actual knowledge or knowledge fairly implied on the basis of
    objective circumstances that such act is unfair or deceptive and is
    prohibited by such rule. In such action, such person, partnership,
    or corporation shall be liable for a civil penalty of not more than
    $10,000 for each violation.
      (B) If the Commission determines in a proceeding under subsection
    (b) of this section that any act or practice is unfair or
    deceptive, and issues a final cease and desist order, other than a
    consent order, with respect to such act or practice, then the
    Commission may commence a civil action to obtain a civil penalty in
    a district court of the United States against any person,
    partnership, or corporation which engages in such act or practice -
    
        (1) after such cease and desist order becomes final (whether or
      not such person, partnership, or corporation was subject to such
      cease and desist order), and
        (2) with actual knowledge that such act or practice is unfair
      or deceptive and is unlawful under subsection (a)(1) of this
      section.

    In such action, such person, partnership, or corporation shall be
    liable for a civil penalty of not more than $10,000 for each
    violation.
      (C) In the case of a violation through continuing failure to
    comply with a rule or with subsection (a)(1) of this section, each
    day of continuance of such failure shall be treated as a separate
    violation, for purposes of subparagraphs (A) and (B). In
    determining the amount of such a civil penalty, the court shall
    take into account the degree of culpability, any history of prior
    such conduct, ability to pay, effect on ability to continue to do
    business, and such other matters as justice may require.
      (2) If the cease and desist order establishing that the act or
    practice is unfair or deceptive was not issued against the
    defendant in a civil penalty action under paragraph (1)(B) the
    issues of fact in such action against such defendant shall be tried
    de novo. Upon request of any party to such an action against such
    defendant, the court shall also review the determination of law
    made by the Commission in the proceeding under subsection (b) of
    this section that the act or practice which was the subject of such
    proceeding constituted an unfair or deceptive act or practice in
    violation of subsection (a) of this section.
      (3) The Commission may compromise or settle any action for a
    civil penalty if such compromise or settlement is accompanied by a
    public statement of its reasons and is approved by the court.
    (n) Standard of proof; public policy considerations
      The Commission shall have no authority under this section or
    section 57a of this title to declare unlawful an act or practice on
    the grounds that such act or practice is unfair unless the act or
    practice causes or is likely to cause substantial injury to
    consumers which is not reasonably avoidable by consumers themselves
    and not outweighed by countervailing benefits to consumers or to
    competition. In determining whether an act or practice is unfair,
    the Commission may consider established public policies as evidence
    to be considered with all other evidence. Such public policy
    considerations may not serve as a primary basis for such
    determination.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 5, 38 Stat. 719; Mar. 21, 1938, ch.
    49, Sec. 3, 52 Stat. 111; June 23, 1938, ch. 601, title XI, Sec.
    1107(f), 52 Stat. 1028; June 25, 1948, ch. 646, Sec. 32(a), 62
    Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Mar. 16,
    1950, ch. 61, Sec. 4(c), 64 Stat. 21; July 14, 1952, ch. 745, Sec.
    2, 66 Stat. 632; Pub. L. 85-726, title XIV, Secs. 1401(b), 1411,
    Aug. 23, 1958, 72 Stat. 806, 809; Pub. L. 85-791, Sec. 3, Aug. 28,
    1958, 72 Stat. 942; Pub. L. 85-909, Sec. 3, Sept. 2, 1958, 72 Stat.
    1750; Pub. L. 86-507, Sec. 1(13), June 11, 1960, 74 Stat. 200; Pub.
    L. 93-153, title IV, Sec. 408(c), (d), Nov. 16, 1973, 87 Stat. 591,
    592; Pub. L. 93-637, title II, Secs. 201(a), 204(b), 205(a), Jan.
    4, 1975, 88 Stat. 2193, 2200; Pub. L. 94-145, Sec. 3, Dec. 12,
    1975, 89 Stat. 801; Pub. L. 96-37, Sec. 1(a), July 23, 1979, 93
    Stat. 95; Pub. L. 96-252, Sec. 2, May 28, 1980, 94 Stat. 374; Pub.
    L. 97-290, title IV, Sec. 403, Oct. 8, 1982, 96 Stat. 1246; Pub. L.
    98-620, title IV, Sec. 402(12), Nov. 8, 1984, 98 Stat. 3358; Pub.
    L. 100-86, title VII, Sec. 715(a)(1), Aug. 10, 1987, 101 Stat. 655;
    Pub. L. 103-312, Secs. 4, 6, 9, Aug. 26, 1994, 108 Stat. 1691,
    1692, 1695; Pub. L. 109-455, Sec. 3, Dec. 22, 2006, 120 Stat.
    3372.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by section 13 of Pub. L. 109-455,
    see Termination Date of 2006 Amendment note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Acts to regulate commerce, referred to in subsec. (a)(2), are
    defined in section 44 of this title.
      The Packers and Stockyards Act, 1921, as amended, referred to in
    subsec. (a)(2), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as
    amended, which is classified to chapter 9 (Sec. 181 et seq.) of
    Title 7, Agriculture. For complete classification of this Act to
    the Code, see section 181 of Title 7 and Tables.
      The Antitrust Acts, referred to in subsec. (e), are defined in
    section 44 of this title.

-COD-
                               CODIFICATION                           
      In subsec. (a)(2), "part A of subtitle VII of title 49"
    substituted for "the Federal Aviation Act of 1958 [49 App. U.S.C.
    1301 et seq.]" on authority of Pub. L. 103-272, Sec. 6(b), July 5,
    1994, 108 Stat. 1378, the first section of which enacted subtitles
    II, III, and V to X of Title 49, Transportation.
      In subsec. (c), "section 1254 of title 28" substituted for
    "section 240 of the Judicial Code [28 U.S.C. 347]" on authority of
    act June 25, 1948, ch. 646, 62 Stat. 869, the first section of
    which enacted Title 28, Judiciary and Judicial Procedure.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(4). Pub. L. 109-455, Secs. 3, 13, temporarily
    added par. (4). See Termination Date of 2006 Amendment note below.
      1994 - Subsec. (g)(1). Pub. L. 103-312, Sec. 6(d), substituted a
    period for "; or" at end.
      Subsec. (g)(2). Pub. L. 103-312, Sec. 6(a), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "Upon the
    expiration of the time allowed for filing a petition for
    certiorari, if the order of the Commission has been affirmed, or
    the petition for review dismissed by the court of appeals, and no
    petition for certiorari has been duly filed; or".
      Subsec. (g)(3). Pub. L. 103-312, Sec. 6(b), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "Upon the
    denial of a petition for certiorari, if the order of the Commission
    has been affirmed or the petition for review dismissed by the court
    of appeals; or".
      Subsec. (g)(4). Pub. L. 103-312, Sec. 6(c), amended par. (4)
    generally. Prior to amendment, par. (4) read as follows: "Upon the
    expiration of thirty days from the date of issuance of the mandate
    of the Supreme Court, if such Court directs that the order of the
    Commission be affirmed or the petition for review dismissed."
      Subsec. (m)(1)(B). Pub. L. 103-312, Sec. 4(a), inserted ", other
    than a consent order," after "a final cease and desist order" in
    introductory provisions.
      Subsec. (m)(2). Pub. L. 103-312, Sec. 4(b), inserted at end "Upon
    request of any party to such an action against such defendant, the
    court shall also review the determination of law made by the
    Commission in the proceeding under subsection (b) of this section
    that the act or practice which was the subject of such proceeding
    constituted an unfair or deceptive act or practice in violation of
    subsection (a) of this section."
      Subsec. (n). Pub. L. 103-312, Sec. 9, added subsec. (n).
      1987 - Subsec. (a)(2). Pub. L. 100-86 inserted "Federal credit
    unions described in section 57a(f)(4) of this title," after
    "section 57a(f)(3) of this title,".
      1984 - Subsec. (e). Pub. L. 98-620 struck out provision that such
    proceedings in the court of appeals had to be given precedence over
    other cases pending therein, and had to be in every way expedited.
      1982 - Subsec. (a)(3). Pub. L. 97-290 added par. (3).
      1980 - Subsec. (b). Pub. L. 96-252 added cl. (2) and provision
    following cl. (2) requiring that the Commission determine whether
    to alter, modify, or set aside any order of the Commission in
    response to a request made by a person, partnership, or corporation
    under paragraph (2) not later than 120 days after the date of the
    filing of such request.
      1979 - Subsec. (a)(2). Pub. L. 96-37 added savings and loan
    institutions described in section 57a(f)(3) of this title to the
    enumeration of entities exempted from the Commission's power to
    prevent the use of unfair methods of competition and unfair or
    deceptive acts or practices.
      1975 - Pub. L. 93-637, Sec. 201(a), substituted "in or affecting
    commerce" for "in commerce" wherever appearing.
      Subsec. (a). Pub. L. 94-145 struck out pars. (2) to (5) which
    permitted fair trade pricing of articles for retail sale and State
    enactment of nonsigner provisions, and redesignated par. (6) as
    (2).
      Subsec. (m). Pub. L. 93-637, Secs. 204(b), 205(a), added subsec.
    (m). Former subsec. (m), relating to the election by the Commission
    to appear in its own name after notifying and consulting with and
    giving the Attorney General 10 days to take the action proposed by
    the Commission, was struck out.
      1973 - Subsec. (l). Pub. L. 93-153, Sec. 408(c), raised the
    maximum civil penalty for each violation to $10,000 and inserted
    provisions empowering the United States District Courts to grant
    mandatory injunctions and such other and further equitable relief
    as they might deem appropriate for the enforcement of final
    Commission orders.
      Subsec. (m). Pub. L. 93-153, Sec. 408(d), added subsec. (m).
      1960 - Subsec. (f). Pub. L. 86-507 substituted "mailing a copy
    thereof by registered mail or by certified mail" for "registering
    and mailing a copy thereof", and "mailed by registered mail or by
    certified mail" for "registered and mailed".
      1958 - Subsec. (a)(6). Pub. L. 85-909 substituted "persons,
    partnerships, or corporations insofar as they are subject to the
    Packers and Stockyards Act, 1921, as amended," for "persons,
    partnerships or corporations subject to the Packers and Stockyards
    Act, 1921,".
      Pub. L. 85-726, Sec. 1411, substituted "Federal Aviation Act of
    1958" for "Civil Aeronautics Act of 1938".
      Subsec. (b). Pub. L. 85-791, Sec. 3(a), struck out "the
    transcript of" before "the record in the proceeding" in sixth
    sentence.
      Subsec. (c). Pub. L. 85-791, Sec. 3(b), in second sentence,
    substituted "transmitted by the clerk of the court to" for "served
    upon", and "Commission shall file in the court the record in the
    proceeding, as provided in section 2112 of title 28" for
    "Commission forthwith shall certify and file in the court a
    transcript of the entire record in the proceeding, including all
    the evidence taken and the report and order of the Commission", and
    which, in third sentence struck out "and transcript" after
    "petition", inserted "concurrently with the Commission until the
    filing of the record" and struck out "upon the pleadings, evidence,
    and proceedings set forth in such transcript" before "a decree
    affirming".
      Subsec. (d). Pub. L. 85-791, Sec. 3(c), substituted "Upon the
    filing of the record with it the" for "The".
      1952 - Subsec. (a). Act July 14, 1952, amended subsec. (a)
    generally to permit fair trade pricing of articles for retail sale.
      1950 - Subsec. (l). Act Mar. 16, 1950, inserted last sentence to
    make each separate violation of a cease and desist order as a
    separate offense, except that each day of a continuing failure to
    obey a final order shall be a separate offense.
      1938 - Subsec. (a). Act June 23, 1938, inserted "air carriers and
    foreign air carriers subject to chapter 9 of title 49" in second
    par.
      Act Mar. 21, 1938, amended section generally.

-CHANGE-
                              CHANGE OF NAME                          
      Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24,
    1949, substituted "court of appeals" for "circuit court of
    appeals".


-MISC2-
                    TERMINATION DATE OF 2006 AMENDMENT                
      Amendment by Pub. L. 109-455 to cease to have effect 7 years
    after Dec. 22, 2006, see section 13 of Pub. L. 109-455, set out as
    a note under section 44 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 15 of Pub. L. 103-312 provided that:
      "(a) In General. - Except as provided in subsections (b), (c),
    (d), and (e), the provisions of this Act [enacting section 57b-5 of
    this title, amending this section and sections 53, 57a, 57b-1, 57b-
    2, 57c, and 58 of this title, and enacting provisions set out as
    notes under sections 57c and 58 of this title] shall take effect on
    the date of enactment of this Act [Aug. 26, 1994].
      "(b) Applicability of Section 5. - The amendment made by section
    5 of this Act [amending section 57a of this title] shall apply only
    to rulemaking proceedings initiated after the date of enactment of
    this Act. Such amendment shall not be construed to affect in any
    manner a rulemaking proceeding which was initiated before the date
    of enactment of this Act [Aug. 26, 1994].
      "(c) Applicability of Section 6. - The amendments made by section
    6 of this Act [amending this section] shall apply only with respect
    to cease and desist orders issued under section 5 of the Federal
    Trade Commission Act (15 U.S.C. 45) after the date of enactment of
    this Act [Aug. 26, 1994]. These amendments shall not be construed
    to affect in any manner a cease and desist order which was issued
    before the date of enactment of this Act.
      "(d) Applicability of Sections 7 and 8. - The amendments made by
    sections 7 and 8 of this Act [amending sections 57b-1 and 57b-2 of
    this title] shall apply only with respect to compulsory process
    issued after the date of enactment of this Act [Aug. 26, 1994].
      "(e) Applicability of Section 9. - The amendments made by section
    9 of this Act [amending this section] shall apply only with respect
    to cease and desist orders issued under section 5 of the Federal
    Trade Commission Act (15 U.S.C. 45), or to rules promulgated under
    section 18 of the Federal Trade Commission Act (15 U.S.C. 57a)
    after the date of enactment of this Act [Aug. 26, 1994]. These
    amendments shall not be construed to affect in any manner a cease
    and desist order which was issued, or a rule which was promulgated,
    before the date of enactment of this Act. These amendments shall
    not be construed to affect in any manner a cease and desist order
    issued after the date of enactment of this Act, if such order was
    issued pursuant to remand from a court of appeals or the Supreme
    Court of an order issued by the Federal Trade Commission before the
    date of enactment of this Act."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
    Effective Date note under section 1657 of Title 28, Judiciary and
    Judicial Procedure.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 23 of Pub. L. 96-252 provided that: "The provisions of
    this Act [enacting sections 57a-1 and 57b-1 to 57b-4 of this title,
    amending this section and sections 46, 50, 57a, 57c, and 58 of this
    title, and enacting provisions set out as notes under sections 46,
    57a, 57a-1, 57c, and 58 of this title], and the amendments made by
    this Act, shall take effect on the date of the enactment of this
    Act [May 28, 1980]."

                     EFFECTIVE DATE OF 1975 AMENDMENTS                 
      Amendment by Pub. L. 94-145 effective upon expiration of ninety-
    day period beginning on Dec. 12, 1975, see section 4 of Pub. L. 94-
    145, set out as a note under section 1 of this title.
      Amendment by section 204(b) of Pub. L. 93-637 not applicable to
    any civil action commenced before Jan. 4, 1975, see section 204(c)
    of Pub. L. 93-637, set out as a note under section 56 of this
    title.
      Section 205(b) of Pub. L. 93-637 provided that: "The amendment
    made by subsection (a) of this section [amending this section]
    shall not apply to any violation, act, or practice to the extent
    that such violation, act, or practice occurred before the date of
    enactment of this Act [Jan. 4, 1975]."

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Amendment by Pub. L. 85-726 effective on 60th day following the
    date on which the Administrator of the Federal Aviation Agency
    first appointed under Pub. L. 85-726 qualifies and takes office,
    see section 1505(2) of Pub. L. 85-726. The Administrator was
    appointed, qualified, and took office on Oct. 31, 1958.

                     EFFECTIVE DATE OF 1950 AMENDMENT                 
      Amendment by act Mar. 16, 1950, effective July 1, 1950, see note
    set out under section 347 of Title 21, Food and Drugs.


-TRANS-
                           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.


-MISC3-
    CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE COVERING GRANT OF
       DISTRICT SUBPENA ENFORCEMENT AUTHORITY AND AUTHORITY TO GRANT
                       PRELIMINARY INJUNCTIVE RELIEF
      Section 408(a), (b) of Pub. L. 93-153 provided that:
      "(a)(1) The Congress hereby finds that the investigative and law
    enforcement responsibilities of the Federal Trade Commission have
    been restricted and hampered because of inadequate legal authority
    to enforce subpenas and to seek preliminary injunctive relief to
    avoid unfair competitive practices.
      "(2) The Congress further finds that as a direct result of this
    inadequate legal authority significant delays have occurred in a
    major investigation into the legality of the structure, conduct,
    and activities of the petroleum industry, as well as in other major
    investigations designed to protect the public interest.
      "(b) It is the purpose of this Act [amending this section and
    sections 46, 53, and 56 of this title] to grant the Federal Trade
    Commission the requisite authority to insure prompt enforcement of
    the laws the Commission administers by granting statutory authority
    to directly enforce subpenas issued by the Commission and to seek
    preliminary injunctive relief to avoid unfair competitive
    practices."

                       PURPOSE OF ACT JULY 14, 1952                   
      Section 1 of act July 14, 1952, provided: "That it is the purpose
    of this Act [amending this section] to protect the rights of States
    under the United States Constitution to regulate their internal
    affairs and more particularly to enact statutes and laws, and to
    adopt policies, which authorize contracts and agreements
    prescribing minimum or stipulated prices for the resale of
    commodities and to extend the minimum or stipulated prices
    prescribed by such contracts and agreements to persons who are not
    parties thereto. It is the further purpose of this Act to permit
    such statutes, laws, and public policies to apply to commodities,
    contracts, agreements, and activities in or affecting interstate or
    foreign commerce."

-FOOTNOTE-
    (!1) So in original. Probably should be "clause".


-End-



-CITE-
    15 USC Sec. 45a                                             01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 45a. Labels on products

-STATUTE-
      To the extent any person introduces, delivers for introduction,
    sells, advertises, or offers for sale in commerce a product with a
    "Made in the U.S.A." or "Made in America" label, or the equivalent
    thereof, in order to represent that such product was in whole or
    substantial part of domestic origin, such label shall be consistent
    with decisions and orders of the Federal Trade Commission issued
    pursuant to section 45 of this title. This section only applies to
    such labels. Nothing in this section shall preclude the application
    of other provisions of law relating to labeling. The Commission may
    periodically consider an appropriate percentage of imported
    components which may be included in the product and still be
    reasonably consistent with such decisions and orders. Nothing in
    this section shall preclude use of such labels for products that
    contain imported components under the label when the label also
    discloses such information in a clear and conspicuous manner. The
    Commission shall administer this section pursuant to section 45 of
    this title and may from time to time issue rules pursuant to
    section 553 of title 5 for such purpose. If a rule is issued, such
    violation shall be treated by the Commission as a violation of a
    rule under section 57a of this title regarding unfair or deceptive
    acts or practices. This section shall be effective upon publication
    in the Federal Register of a Notice of the provisions of this
    section. The Commission shall publish such notice within six months
    after September 13, 1994.

-SOURCE-
    (Pub. L. 103-322, title XXXII, Sec. 320933, Sept. 13, 1994, 108
    Stat. 2135.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Violent Crime Control and Law
    Enforcement Act of 1994, and not as part of the Federal Trade
    Commission Act which comprises this subchapter.

-End-



-CITE-
    15 USC Sec. 46                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 46. Additional powers of Commission

-STATUTE-
      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 (1) 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, and (2) to any officer or employee of any
    foreign law enforcement agency under the same circumstances that
    making material available to foreign law enforcement agencies is
    permitted under section 57b-2(b) of this title.
    (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]).
    (j) Investigative assistance for foreign law enforcement agencies
      (1) In general
        Upon a written request from a foreign law enforcement agency to
      provide assistance in accordance with this subsection, if the
      requesting agency states that it is investigating, or engaging in
      enforcement proceedings against, possible violations of laws
      prohibiting fraudulent or deceptive commercial practices, or
      other practices substantially similar to practices prohibited by
      any provision of the laws administered by the Commission, other
      than Federal antitrust laws (as defined in section 12(5) of the
      International Antitrust Enforcement Assistance Act of 1994 (15
      U.S.C. 6211(5))), to provide the assistance described in
      paragraph (2) without requiring that the conduct identified in
      the request constitute a violation of the laws of the United
      States.
      (2) Type of assistance
        In providing assistance to a foreign law enforcement agency
      under this subsection, the Commission may - 
          (A) conduct such investigation as the Commission deems
        necessary to collect information and evidence pertinent to the
        request for assistance, using all investigative powers
        authorized by this subchapter; and
          (B) when the request is from an agency acting to investigate
        or pursue the enforcement of civil laws, or when the Attorney
        General refers a request to the Commission from an agency
        acting to investigate or pursue the enforcement of criminal
        laws, seek and accept appointment by a United States district
        court of Commission attorneys to provide assistance to foreign
        and international tribunals and to litigants before such
        tribunals on behalf of a foreign law enforcement agency
        pursuant to section 1782 of title 28.
      (3) Criteria for determination
        In deciding whether to provide such assistance, the Commission
      shall consider all relevant factors, including - 
          (A) whether the requesting agency has agreed to provide or
        will provide reciprocal assistance to the Commission;
          (B) whether compliance with the request would prejudice the
        public interest of the United States; and
          (C) whether the requesting agency's investigation or
        enforcement proceeding concerns acts or practices that cause or
        are likely to cause injury to a significant number of persons.
      (4) International agreements
        If a foreign law enforcement agency has set forth a legal basis
      for requiring execution of an international agreement as a
      condition for reciprocal assistance, or as a condition for
      provision of materials or information to the Commission, the
      Commission, with prior approval and ongoing oversight of the
      Secretary of State, and with final approval of the agreement by
      the Secretary of State, may negotiate and conclude an
      international agreement, in the name of either the United States
      or the Commission, for the purpose of obtaining such assistance,
      materials, or information. The Commission may undertake in such
      an international agreement to - 
          (A) provide assistance using the powers set forth in this
        subsection;
          (B) disclose materials and information in accordance with
        subsection (f) and section 57b-2(b) of this title; and
          (C) engage in further cooperation, and protect materials and
        information received from disclosure, as authorized by this
        subchapter.
      (5) Additional authority
        The authority provided by this subsection is in addition to,
      and not in lieu of, any other authority vested in the Commission
      or any other officer of the United States.
      (6) Limitation
        The authority granted by this subsection shall not authorize
      the Commission to take any action or exercise any power with
      respect to a bank, a savings and loan institution described in
      section 57a(f)(3) of this title, a Federal credit union described
      in section 57a(f)(4) of this title, or a common carrier subject
      to the Act to regulate commerce, except in accordance with the
      undesignated proviso following the last designated subsection of
      this section.
      (7) Assistance to certain countries
        The Commission may not provide investigative assistance under
      this subsection to a foreign law enforcement agency from a
      foreign state that the Secretary of State has determined, in
      accordance with section 2405(j) of the Appendix to title 50, has
      repeatedly provided support for acts of international terrorism,
      unless and until such determination is rescinded pursuant to
      section 2405(j)(4) of the Appendix to title 50.
    (k) Referral of evidence for criminal proceedings
      (1) In general
        Whenever the Commission obtains evidence that any person,
      partnership, or corporation, either domestic or foreign, has
      engaged in conduct that may constitute a violation of Federal
      criminal law, to transmit such evidence to the Attorney General,
      who may institute criminal proceedings under appropriate
      statutes. Nothing in this paragraph affects any other authority
      of the Commission to disclose information.
      (2) International information
        The Commission shall endeavor to ensure, with respect to
      memoranda of understanding and international agreements it may
      conclude, that material it has obtained from foreign law
      enforcement agencies acting to investigate or pursue the
      enforcement of foreign criminal laws may be used for the purpose
      of investigation, prosecution, or prevention of violations of
      United States criminal laws.
    (l) Expenditures for cooperative arrangements
      To expend appropriated funds for - 
        (1) operating expenses and other costs of bilateral and
      multilateral cooperative law enforcement groups conducting
      activities of interest to the Commission and in which the
      Commission participates; and
        (2) expenses for consultations and meetings hosted by the
      Commission with foreign government agency officials, members of
      their delegations, appropriate representatives and staff to
      exchange views concerning developments relating to the
      Commission's mission, development and implementation of
      cooperation agreements, and provision of technical assistance for
      the development of foreign consumer protection or competition
      regimes, such expenses to include necessary administrative and
      logistic expenses and the expenses of Commission staff and
      foreign invitees in attendance at such consultations and meetings
      including - 
          (A) such incidental expenses as meals taken in the course of
        such attendance;
          (B) any travel and transportation to or from such meetings;
        and
          (C) any other related lodging or subsistence.

    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 subsections (a), (b), and (j) 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.

-SOURCE-
    (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; Pub. L.
    109-455, Sec. 4(a), (b), (d), Dec. 22, 2006, 120 Stat. 3372, 3373,
    3375.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by section 13 of Pub. L. 109-455,
    see Termination Date of 2006 Amendment note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Act to regulate commerce, referred to in subsecs. (a), (b),
    (j)(6), and the proviso following subsec. (l), 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.


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-455, Secs. 4(d), 13, temporarily substituted
    "subsections (a), (b), and (j)" for "clauses (a) and (b)" in
    proviso following subsec. (l). See Termination Date of 2006
    Amendment note below.
      Subsec. (f). Pub. L. 109-455, Secs. 4(a), 13, temporarily
    inserted "(1)" after "disclose such information", substituted
    "purposes, and" for "purposes.", and added par. (2). See
    Termination Date of 2006 Amendment note below.
      Subsecs. (j) to (l). Pub. L. 109-455, Secs. 4(b), 13, temporarily
    added subsecs. (j) to (l). See Termination Date of 2006 Amendment
    note below.
      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 - 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.
      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.
      1980 - Pub. L. 96-252, Secs. 3(b)-5(a), inserted three
    undesignated paragraphs following proviso after 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.
      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.
      1979 - 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.
      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.
      1975 - 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,".
      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".
      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-
                              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.


-MISC2-
                    TERMINATION DATE OF 2006 AMENDMENT                
      Amendment by Pub. L. 109-455 to cease to have effect 7 years
    after Dec. 22, 2006, see section 13 of Pub. L. 109-455, set out as
    a note under section 44 of this title.

                     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.


-TRANS-
                           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.


-MISC3-
        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.]."


-EXEC-
      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.

-End-



-CITE-
    15 USC Sec. 46a                                             01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 46a. Concurrent resolution essential to authorize
      investigations

-STATUTE-
      After June 16, 1933, no new investigations shall be initiated by
    the Commission as the result of a legislative resolution, except
    the same be a concurrent resolution of the two Houses of Congress.

-SOURCE-
    (June 16, 1933, ch. 101, Sec. 1, 48 Stat. 291.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Federal Trade Commission
    Act which comprises this subchapter.


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 47                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 47. Reference of suits under antitrust statutes to Commission

-STATUTE-
      In any suit in equity brought by or under the direction of the
    Attorney General as provided in the antitrust Acts, the court may,
    upon the conclusion of the testimony therein, if it shall be then
    of opinion that the complainant is entitled to relief, refer said
    suit to the Commission, as a master in chancery, to ascertain and
    report an appropriate form of decree therein. The Commission shall
    proceed upon such notice to the parties and under such rules of
    procedure as the court may prescribe, and upon the coming in of
    such report such exceptions may be filed and such proceedings had
    in relation thereto as upon the report of a master in other equity
    causes, but the court may adopt or reject such report, in whole or
    in part, and enter such decree as the nature of the case may in its
    judgment require.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 7, 38 Stat. 722.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The words "In any suit in equity brought by or under the
    direction of the Attorney General as provided in the antitrust
    Acts" have reference to actions under sections 4, 9, and 25 of this
    title.
      The antitrust Acts, referred to in text, are defined in section
    44 of this title.


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 48                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 48. Information and assistance from departments

-STATUTE-
      The several departments and bureaus of the Government when
    directed by the President shall furnish the Commission, upon its
    request, all records, papers, and information in their possession
    relating to any corporation subject to any of the provisions of
    this subchapter, and shall detail from time to time such officials
    and employees to the Commission as he may direct.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 8, 38 Stat. 722.)


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 49                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 49. Documentary evidence; depositions; witnesses

-STATUTE-
      For the purposes of this subchapter the Commission, or its duly
    authorized agent or agents, shall at all reasonable times have
    access to, for the purpose of examination, and the right to copy
    any documentary evidence of any person, partnership, or corporation
    being investigated or proceeded against; and the Commission shall
    have power to require by subpoena the attendance and testimony of
    witnesses and the production of all such documentary evidence
    relating to any matter under investigation. Any member of the
    Commission may sign subpoenas, and members and examiners of the
    Commission may administer oaths and affirmations, examine
    witnesses, and receive evidence.
      Such attendance of witnesses, and the production of such
    documentary evidence, may be required from any place in the United
    States, at any designated place of hearing. And in case of
    disobedience to a subpoena the Commission may invoke the aid of any
    court of the United States in requiring the attendance and
    testimony of witnesses and the production of documentary evidence.
      Any of the district courts of the United States within the
    jurisdiction of which such inquiry is carried on may, in case of
    contumacy or refusal to obey a subpoena issued to any person,
    partnership, or corporation issue an order requiring such person,
    partnership, or corporation to appear before the Commission, or to
    produce documentary evidence if so ordered, or to give evidence
    touching the matter in question; and any failure to obey such order
    of the court may be punished by such court as a contempt thereof.
      Upon the application of the Attorney General of the United
    States, at the request of the Commission, the district courts of
    the United States shall have jurisdiction to issue writs of
    mandamus commanding any person, partnership, or corporation to
    comply with the provisions of this subchapter or any order of the
    Commission made in pursuance thereof.
      The Commission may order testimony to be taken by deposition in
    any proceeding or investigation pending under this subchapter at
    any stage of such proceeding or investigation. Such depositions may
    be taken before any person designated by the commission and having
    power to administer oaths. Such testimony shall be reduced to
    writing by the person taking the deposition, or under his
    direction, and shall then be subscribed by the deponent. Any person
    may be compelled to appear and depose and to produce documentary
    evidence in the same manner as witnesses may be compelled to appear
    and testify and produce documentary evidence before the Commission
    as hereinbefore provided.
      Witnesses summoned before the Commission shall be paid the same
    fees and mileage that are paid witnesses in the courts of the
    United States and witnesses whose depositions are taken and the
    persons taking the same shall severally be entitled to the same
    fees as are paid for like services in the courts of the United
    States.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 9, 38 Stat. 722; Pub. L. 91-452,
    title II, Sec. 211, Oct. 15, 1970, 84 Stat. 929; Pub. L. 93-637,
    title II, Sec. 203(b), Jan. 4, 1975, 88 Stat. 2198.)


-MISC1-
                                AMENDMENTS                            
      1975 - First par. Pub. L. 93-637, Sec. 203(b)(1), substituted
    "person, partnership, or corporation" for "corporation".
      Third par. Pub. L. 93-637, Sec. 203(b)(2), substituted "person,
    partnership, or corporation" for "corporation or other person"
    wherever appearing.
      Fourth par. Pub. L. 93-637, Sec. 203(b)(3), substituted "person,
    partnership, or corporation" for "person or corporation".
      1970 - Seventh par. Pub. L. 91-452 struck out provisions which
    granted immunity from prosecution for any natural person testifying
    or producing evidence, documentary or otherwise, before the
    commission in obedience to a subpoena issued by it.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-452 effective on 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.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 91-452 not to affect any immunity to which
    any individual is entitled under this section by reason of any
    testimony given before the 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.


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 50                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 50. Offenses and penalties

-STATUTE-
      Any person who shall neglect or refuse to attend and testify, or
    to answer any lawful inquiry or to produce any documentary
    evidence, if in his power to do so, in obedience to an order of a
    district court of the United States directing compliance with the
    subpoena or lawful requirement of the Commission, shall be guilty
    of an offense and upon conviction thereof by a court of competent
    jurisdiction shall be punished by a fine of not less than $1,000
    nor more than $5,000, or by imprisonment for not more than one
    year, or by both such fine and imprisonment.
      Any person who shall willfully make, or cause to be made, any
    false entry or statement of fact in any report required to be made
    under this subchapter, or who shall willfully make, or cause to be
    made, any false entry in any account, record, or memorandum kept by
    any person, partnership, or corporation subject to this subchapter,
    or who shall willfully neglect or fail to make, or to cause to be
    made, full, true, and correct entries in such accounts, records, or
    memoranda of all facts and transactions appertaining to the
    business of such person, partnership, or corporation, or who shall
    willfully remove out of the jurisdiction of the United States, or
    willfully mutilate, alter, or by any other means falsify any
    documentary evidence of such person, partnership, or corporation,
    or who shall willfully refuse to submit to the Commission or to any
    of its authorized agents, for the purpose of inspection and taking
    copies, any documentary evidence of such person, partnership, or
    corporation in his possession or within his control, shall be
    deemed guilty of an offense against the United States, and shall be
    subject, upon conviction in any court of the United States of
    competent jurisdiction, to a fine of not less than $1,000 nor more
    than $5,000, or to imprisonment for a term of not more than three
    years, or to both such fine and imprisonment.
      If any persons, partnership, or corporation required by this
    subchapter to file any annual or special report shall fail so to do
    within the time fixed by the Commission for filing the same, and
    such failure shall continue for thirty days after notice of such
    default, the corporation shall forfeit to the United States the sum
    of $100 for each and every day of the continuance of such failure,
    which forfeiture shall be payable into the Treasury of the United
    States, and shall be recoverable in a civil suit in the name of the
    United States brought in the case of a corporation or partnership
    in the district where the corporation or partnership has its
    principal office or in any district in which it shall do business,
    and in the case of any person in the district where such person
    resides or has his principal place of business. It shall be the
    duty of the various United States attorneys, under the direction of
    the Attorney General of the United States, to prosecute for the
    recovery of the forfeitures. The costs and expenses of such
    prosecution shall be paid out of the appropriation for the expenses
    of the courts of the United States.
      Any officer or employee of the Commission who shall make public
    any information obtained by the Commission without its authority,
    unless directed by a court, shall be deemed guilty of a
    misdemeanor, and, upon conviction thereof, shall be punished by a
    fine not exceeding $5,000, or by imprisonment not exceeding one
    year, or by fine and imprisonment, in the discretion of the court.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 10, 38 Stat. 723; June 25, 1948, ch.
    646, Sec. 1, 62 Stat. 909; Pub. L. 93-637, title II, Sec. 203(c),
    Jan. 4, 1975, 88 Stat. 2199; Pub. L. 96-252, Sec. 6, May 28, 1980,
    94 Stat. 376.)


-MISC1-
                                AMENDMENTS                            
      1980 - First par. Pub. L. 96-252 inserted "any" after "produce"
    and "an order of a district court of the United States directing
    compliance with" after "obedience to".
      1975 - Second par. Pub. L. 93-637, Sec. 203(c)(1), substituted
    "person, partnership, or corporation" for "corporation" wherever
    appearing.
      Third par. Pub. L. 93-637, Sec. 203(c)(2), substituted "If any
    persons, partnership, or corporation" for "If any corporation", and
    "in the case of a corporation or partnership in the district where
    the corporation or partnership has its principal office or in any
    district in which it shall do business, and in the case of any
    person in the district where such person resides or has his
    principal place of business" for "in the district where the
    corporation has its principal office or in any district in which it
    shall do business".

-CHANGE-
                              CHANGE OF NAME                          
      Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States
    attorneys" for "district attorneys". See section 541 et seq. of
    Title 28, Judiciary and Judicial Procedure.


-MISC2-
                     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.


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 51                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 51. Effect on other statutory provisions

-STATUTE-
      Nothing contained in this subchapter shall be construed to
    prevent or interfere with the enforcement of the provisions of the
    antitrust Acts or the Acts to regulate commerce, nor shall anything
    contained in this subchapter be construed to alter, modify, or
    repeal the said antitrust Acts or the Acts to regulate commerce or
    any part or parts thereof.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 11, 38 Stat. 724.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The antitrust Acts, referred to in text, are defined in section
    44 of this title.
      The Acts to regulate commerce, referred to in text, are defined
    in section 44 of this title.

-End-



-CITE-
    15 USC Sec. 52                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 52. Dissemination of false advertisements

-STATUTE-
    (a) Unlawfulness
      It shall be unlawful for any person, partnership, or corporation
    to disseminate, or cause to be disseminated, any false
    advertisement - 
        (1) By United States mails, or in or having an effect upon
      commerce, by any means, for the purpose of inducing, or which is
      likely to induce, directly or indirectly the purchase of food,
      drugs, devices, services, or cosmetics; or
        (2) By any means, for the purpose of inducing, or which is
      likely to induce, directly or indirectly, the purchase in or
      having an effect upon commerce, of food, drugs, devices,
      services, or cosmetics.
    (b) Unfair or deceptive act or practice
      The dissemination or the causing to be disseminated of any false
    advertisement within the provisions of subsection (a) of this
    section shall be an unfair or deceptive act or practice in or
    affecting commerce within the meaning of section 45 of this title.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 12, as added Mar. 21, 1938, ch. 49,
    Sec. 4, 52 Stat. 114; amended Pub. L. 93-637, title II, Sec.
    201(c), Jan. 4, 1975, 88 Stat. 2193; Pub. L. 103-297, Sec. 8, Aug.
    16, 1994, 108 Stat. 1550.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-297 inserted "services," after
    "devices," in pars. (1) and (2).
      1975 - Subsec. (a). Pub. L. 93-637 substituted "in or having an
    effect upon commerce," for "in commerce".
      Subsec. (b). Pub. L. 93-637 substituted "in or affecting
    commerce" for "in commerce".

-End-



-CITE-
    15 USC Sec. 53                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 53. False advertisements; injunctions and restraining orders

-STATUTE-
    (a) Power of Commission; jurisdiction of courts
      Whenever the Commission has reason to believe - 
        (1) that any person, partnership, or corporation is engaged in,
      or is about to engage in, the dissemination or the causing of the
      dissemination of any advertisement in violation of section 52 of
      this title, and
        (2) that the enjoining thereof pending the issuance of a
      complaint by the Commission under section 45 of this title, and
      until such complaint is dismissed by the Commission or set aside
      by the court on review, or the order of the Commission to cease
      and desist made thereon has become final within the meaning of
      section 45 of this title, would be to the interest of the public,

    the Commission by any of its attorneys designated by it for such
    purpose may bring suit in a district court of the United States or
    in the United States court of any Territory, to enjoin the
    dissemination or the causing of the dissemination of such
    advertisement. Upon proper showing a temporary injunction or
    restraining order shall be granted without bond. Any suit may be
    brought where such person, partnership, or corporation resides or
    transacts business, or wherever venue is proper under section 1391
    of title 28. In addition, the court may, if the court determines
    that the interests of justice require that any other person,
    partnership, or corporation should be a party in such suit, cause
    such other person, partnership, or corporation to be added as a
    party without regard to whether venue is otherwise proper in the
    district in which the suit is brought. In any suit under this
    section, process may be served on any person, partnership, or
    corporation wherever it may be found.
    (b) Temporary restraining orders; preliminary injunctions
      Whenever the Commission has reason to believe - 
        (1) that any person, partnership, or corporation is violating,
      or is about to violate, any provision of law enforced by the
      Federal Trade Commission, and
        (2) that the enjoining thereof pending the issuance of a
      complaint by the Commission and until such complaint is dismissed
      by the Commission or set aside by the court on review, or until
      the order of the Commission made thereon has become final, would
      be in the interest of the public - 

    the Commission by any of its attorneys designated by it for such
    purpose may bring suit in a district court of the United States to
    enjoin any such act or practice. Upon a proper showing that,
    weighing the equities and considering the Commission's likelihood
    of ultimate success, such action would be in the public interest,
    and after notice to the defendant, a temporary restraining order or
    a preliminary injunction may be granted without bond: Provided,
    however, That if a complaint is not filed within such period (not
    exceeding 20 days) as may be specified by the court after issuance
    of the temporary restraining order or preliminary injunction, the
    order or injunction shall be dissolved by the court and be of no
    further force and effect: Provided further, That in proper cases
    the Commission may seek, and after proper proof, the court may
    issue, a permanent injunction. Any suit may be brought where such
    person, partnership, or corporation resides or transacts business,
    or wherever venue is proper under section 1391 of title 28. In
    addition, the court may, if the court determines that the interests
    of justice require that any other person, partnership, or
    corporation should be a party in such suit, cause such other
    person, partnership, or corporation to be added as a party without
    regard to whether venue is otherwise proper in the district in
    which the suit is brought. In any suit under this section, process
    may be served on any person, partnership, or corporation wherever
    it may be found.
    (c) Service of process; proof of service
      Any process of the Commission under this section may be served by
    any person duly authorized by the Commission - 
        (1) by delivering a copy of such process to the person to be
      served, to a member of the partnership to be served, or to the
      president, secretary, or other executive officer or a director of
      the corporation to be served;
        (2) by leaving a copy of such process at the residence or the
      principal office or place of business of such person,
      partnership, or corporation; or
        (3) by mailing a copy of such process by registered mail or
      certified mail addressed to such person, partnership, or
      corporation at his, or her, or its residence, principal office,
      or principal place or business.

    The verified return by the person serving such process setting
    forth the manner of such service shall be proof of the same.
    (d) Exception of periodical publications
      Whenever it appears to the satisfaction of the court in the case
    of a newspaper, magazine, periodical, or other publication,
    published at regular intervals - 
        (1) that restraining the dissemination of a false advertisement
      in any particular issue of such publication would delay the
      delivery of such issue after the regular time therefor, and
        (2) that such delay would be due to the method by which the
      manufacture and distribution of such publication is customarily
      conducted by the publisher in accordance with sound business
      practice, and not to any method or device adopted for the evasion
      of this section or to prevent or delay the issuance of an
      injunction or restraining order with respect to such false
      advertisement or any other advertisement,

    the court shall exclude such issue from the operation of the
    restraining order or injunction.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 13, as added Mar. 21, 1938, ch. 49,
    Sec. 4, 52 Stat. 114; amended Pub. L. 93-153, title IV, Sec.
    408(f), Nov. 16, 1973, 87 Stat. 592; Pub. L. 103-312, Sec. 10, Aug.
    26, 1994, 108 Stat. 1695.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsecs. (a), (b). Pub. L. 103-312, Sec. 10(a), in
    concluding provisions, substituted "Any suit may be brought where
    such person, partnership, or corporation resides or transacts
    business, or wherever venue is proper under section 1391 of title
    28. In addition, the court may, if the court determines that the
    interests of justice require that any other person, partnership, or
    corporation should be a party in such suit, cause such other
    person, partnership, or corporation to be added as a party without
    regard to whether venue is otherwise proper in the district in
    which the suit is brought. In any suit under this section, process
    may be served on any person, partnership, or corporation wherever
    it may be found." for "Any such suit shall be brought in the
    district in which such person, partnership, or corporation resides
    or transacts business."
      Subsecs. (c), (d). Pub. L. 103-312, Sec. 10(b), added subsec. (c)
    and redesignated former subsec. (c) as (d).
      1973 - Subsecs. (b), (c). Pub. L. 93-153 added subsec. (b) and
    redesignated former subsec. (b) as (c).


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 54                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 54. False advertisements; penalties

-STATUTE-
    (a) Imposition of penalties
      Any person, partnership, or corporation who violates any
    provision of section 52(a) of this title shall, if the use of the
    commodity advertised may be injurious to health because of results
    from such use under the conditions prescribed in the advertisement
    thereof, or under such conditions as are customary or usual, or if
    such violation is with intent to defraud or mislead, be guilty of a
    misdemeanor, and upon conviction shall be punished by a fine of not
    more than $5,000 or by imprisonment for not more than six months,
    or by both such fine and imprisonment; except that if the
    conviction is for a violation committed after a first conviction of
    such person, partnership, or corporation, for any violation of such
    section, punishment shall be by a fine of not more than $10,000 or
    by imprisonment for not more than one year, or by both such fine
    and imprisonment: Provided, That for the purposes of this section
    meats and meat food products duly inspected, marked, and labeled in
    accordance with rules and regulations issued under the Meat
    Inspection Act [21 U.S.C. 601 et seq.] shall be conclusively
    presumed not injurious to health at the time the same leave
    official "establishments."
    (b) Exception of advertising medium or agency
      No publisher, radio-broadcast licensee, or agency or medium for
    the dissemination of advertising, except the manufacturer, packer,
    distributor, or seller of the commodity to which the false
    advertisement relates, shall be liable under this section by reason
    of the dissemination by him of any false advertisement, unless he
    has refused, on the request of the Commission, to furnish the
    Commission the name and post-office address of the manufacturer,
    packer, distributor, seller, or advertising agency, residing in the
    United States, who caused him to disseminate such advertisement. No
    advertising agency shall be liable under this section by reason of
    the causing by it of the dissemination of any false advertisement,
    unless it has refused, on the request of the Commission, to furnish
    the Commission the name and post-office address of the
    manufacturer, packer, distributor, or seller, residing in the
    United States, who caused it to cause the dissemination of such
    advertisement.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 14, as added Mar. 21, 1938, ch. 49,
    Sec. 4, 52 Stat. 114.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Meat Inspection Act, referred to in subsec. (a), is act Mar.
    4, 1907, ch. 2907, titles I to IV, as added Dec. 15, 1967, Pub. L.
    90-201, 81 Stat. 584, as amended, which is classified to
    subchapters I to IV (Sec. 601 et seq.) of chapter 12 of Title 21,
    Food and Drugs. For complete classification of this Act to the
    Code, see Short Title note set out under section 601 of Title 21
    and Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Section 5(b) of act Mar. 21, 1938, provided: "Section 14 of the
    Federal Trade Commission Act [this section] added to such Act by
    section 4 of this Act, shall take effect on the expiration of sixty
    days after the date of the enactment of this Act [Mar. 21, 1938]."


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 55                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 55. Additional definitions

-STATUTE-
      For the purposes of sections 52 to 54 of this title - 
    (a) False advertisement
      (1) The term "false advertisement" means an advertisement, other
    than labeling, which is misleading in a material respect; and in
    determining whether any advertisement is misleading, there shall be
    taken into account (among other things) not only representations
    made or suggested by statement, word, design, device, sound, or any
    combination thereof, but also the extent to which the advertisement
    fails to reveal facts material in the light of such representations
    or material with respect to consequences which may result from the
    use of the commodity to which the advertisement relates under the
    conditions prescribed in said advertisement, or under such
    conditions as are customary or usual. No advertisement of a drug
    shall be deemed to be false if it is disseminated only to members
    of the medical profession, contains no false representation of a
    material fact, and includes, or is accompanied in each instance by
    truthful disclosure of, the formula showing quantitatively each
    ingredient of such drug.
      (2) In the case of oleomargarine or margarine an advertisement
    shall be deemed misleading in a material respect if in such
    advertisement representations are made or suggested by statement,
    word, grade designation, design, device, symbol, sound, or any
    combination thereof, that such oleomargarine or margarine is a
    dairy product, except that nothing contained herein shall prevent a
    truthful, accurate, and full statement in any such advertisement of
    all the ingredients contained in such oleomargarine or margarine.
    (b) Food
      The term "food" means (1) articles used for food or drink for man
    or other animals, (2) chewing gum, and (3) articles used for
    components of any such article.
    (c) Drug
      The term "drug" means (1) articles recognized in the official
    United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of
    the United States, or official National Formulary, or any
    supplement to any of them; and (2) articles intended for use in the
    diagnosis, cure, mitigation, treatment, or prevention of disease in
    man or other animals; and (3) articles (other than food) intended
    to affect the structure or any function of the body of man or other
    animals; and (4) articles intended for use as a component of any
    article specified in clause (1), (2), or (3); but does not include
    devices or their components, parts, or accessories.
    (d) Device
      The term "device" (except when used in subsection (a) of this
    section) means an instrument, apparatus, implement, machine,
    contrivance, implant, in vitro reagent, or other similar or related
    article, including any component, part, or accessory, which is - 
        (1) recognized in the official National Formulary, or the
      United States Pharmacopeia, or any supplement to them,
        (2) intended for use in the diagnosis of disease or other
      conditions, or in the cure, mitigation, treatment, or prevention
      of disease, in man or other animals, or
        (3) intended to affect the structure or any function of the
      body of man or other animals, and

    which does not achieve any of its principal intended purposes
    through chemical action within or on the body of man or other
    animals and which is not dependent upon being metabolized for the
    achievement of any of its principal intended purposes.
    (e) Cosmetic
      The term "cosmetic" means (1) articles to be rubbed, poured,
    sprinkled, or sprayed on, introduced into, or otherwise applied to
    the human body or any part thereof intended for cleansing,
    beautifying, promoting attractiveness, or altering the appearance,
    and (2) articles intended for use as a component of any such
    article; except that such term shall not include soap.
    (f) Oleomargarine or margarine
      For the purposes of this section and section 347 of title 21, the
    term "oleomargarine" or "margarine" includes - 
        (1) all substances, mixtures, and compounds known as
      oleomargarine or margarine;
        (2) all substances, mixtures, and compounds which have a
      consistence similar to that of butter and which contain any
      edible oils or fats other than milk fat if made in imitation or
      semblance of butter.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 15, as added Mar. 21, 1938, ch. 49,
    Sec. 4, 52 Stat. 114; amended Mar. 16, 1950, ch. 61, Sec. 4(a),
    (b), 64 Stat. 21; Pub. L. 94-295, Sec. 3(a)(1)(B), May 28, 1976, 90
    Stat. 575.)


-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (d). Pub. L. 94-295 expanded definition of
    "device" to include implements, machines, implants, in vitro
    reagents, and other similar or related articles, added recognition
    in the National Formulary or the United States Pharmacopeia, or any
    supplement to the Formulary or Pharmacopeia, to the enumeration of
    conditions under which a device may qualify for inclusion under
    this chapter, and inserted requirements that a device be one which
    does not achieve any of its principal intended purposes through
    chemical action within or on the body of man or other animals and
    which is not dependent upon being metabolized for the achievement
    of any of its principal intended purposes.
      1950 - Subsec. (a). Act Mar. 16, 1950, Sec. 4(a), designated
    existing provisions as par. (1) and added par. (2) relating to
    oleomargarine.
      Subsec. (f). Act Mar. 16, 1950, Sec. 4(b), added subsec. (f).

                     EFFECTIVE DATE OF 1950 AMENDMENT                 
      Amendment by act Mar. 16, 1950, effective July 1, 1950, see note
    set out under section 347 of Title 21, Food and Drugs.

-End-



-CITE-
    15 USC Sec. 56                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 56. Commencement, defense, intervention and supervision of
      litigation and appeal by Commission or Attorney General

-STATUTE-
    (a) Procedure for exercise of authority to litigate or appeal
      (1) Except as otherwise provided in paragraph (2) or (3), if - 
        (A) before commencing, defending, or intervening in, any civil
      action involving this subchapter (including an action to collect
      a civil penalty) which the Commission, or the Attorney General on
      behalf of the Commission, is authorized to commence, defend, or
      intervene in, the Commission gives written notification and
      undertakes to consult with the Attorney General with respect to
      such action; and
        (B) the Attorney General fails within 45 days after receipt of
      such notification to commence, defend, or intervene in, such
      action;

    the Commission may commence, defend, or intervene in, and supervise
    the litigation of, such action and any appeal of such action in its
    own name by any of its attorneys designated by it for such purpose.
      (2) Except as otherwise provided in paragraph (3), in any civil
    action - 
        (A) under section 53 of this title (relating to injunctive
      relief);
        (B) under section 57b of this title (relating to consumer
      redress);
        (C) to obtain judicial review of a rule prescribed by the
      Commission, or a cease and desist order issued under section 45
      of this title;
        (D) under the second paragraph of section 49 of this title
      (relating to enforcement of a subpena) and under the fourth
      paragraph of such section (relating to compliance with section 46
      of this title); or
        (E) under section 57b-2a of this title;

    the Commission shall have exclusive authority to commence or
    defend, and supervise the litigation of, such action and any appeal
    of such action in its own name by any of its attorneys designated
    by it for such purpose, unless the Commission authorizes the
    Attorney General to do so. The Commission shall inform the Attorney
    General of the exercise of such authority and such exercise shall
    not preclude the Attorney General from intervening on behalf of the
    United States in such action and any appeal of such action as may
    be otherwise provided by law.
      (3)(A) If the Commission makes a written request to the Attorney
    General, within the 10-day period which begins on the date of the
    entry of the judgment in any civil action in which the Commission
    represented itself pursuant to paragraph (1) or (2), to represent
    itself through any of its attorneys designated by it for such
    purpose before the Supreme Court in such action, it may do so, if -
    
        (i) the Attorney General concurs with such request; or
        (ii) the Attorney General, within the 60-day period which
      begins on the date of the entry of such judgment - 
          (a) refuses to appeal or file a petition for writ of
        certiorari with respect to such civil action, in which case he
        shall give written notification to the Commission of the
        reasons for such refusal within such 60-day period; or
          (b) the Attorney General fails to take any action with
        respect to the Commission's request.

      (B) In any case where the Attorney General represents the
    Commission before the Supreme Court in any civil action in which
    the Commission represented itself pursuant to paragraph (1) or (2),
    the Attorney General may not agree to any settlement, compromise,
    or dismissal of such action, or confess error in the Supreme Court
    with respect to such action, unless the Commission concurs.
      (C) For purposes of this paragraph (with respect to
    representation before the Supreme Court), the term "Attorney
    General" includes the Solicitor General.
      (4) If, prior to the expiration of the 45-day period specified in
    paragraph (1) of this section or a 60-day period specified in
    paragraph (3), any right of the Commission to commence, defend, or
    intervene in, any such action or appeal may be extinguished due to
    any procedural requirement of any court with respect to the time in
    which any pleadings, notice of appeal, or other acts pertaining to
    such action or appeal may be taken, the Attorney General shall have
    one-half of the time required to comply with any such procedural
    requirement of the court (including any extension of such time
    granted by the court) for the purpose of commencing, defending, or
    intervening in the civil action pursuant to paragraph (1) or for
    the purpose of refusing to appeal or file a petition for writ of
    certiorari and the written notification or failing to take any
    action pursuant to paragraph 3(A)(ii).
      (5) The provisions of this subsection shall apply notwithstanding
    chapter 31 of title 28, or any other provision of law.
    (b) Certification by Commission to Attorney General for criminal
      proceedings
      Whenever the Commission has reason to believe that any person,
    partnership, or corporation is liable for a criminal penalty under
    this subchapter, the Commission shall certify the facts to the
    Attorney General, whose duty it shall be to cause appropriate
    criminal proceedings to be brought.
    (c) Foreign litigation
      (1) Commission attorneys
        With the concurrence of the Attorney General, the Commission
      may designate Commission attorneys to assist the Attorney General
      in connection with litigation in foreign courts on particular
      matters in which the Commission has an interest.
      (2) Reimbursement for foreign counsel
        The Commission is authorized to expend appropriated funds, upon
      agreement with the Attorney General, to reimburse the Attorney
      General for the retention of foreign counsel for litigation in
      foreign courts and for expenses related to litigation in foreign
      courts in which the Commission has an interest.
      (3) Limitation on use of funds
        Nothing in this subsection authorizes the payment of claims or
      judgments from any source other than the permanent and indefinite
      appropriation authorized by section 1304 of title 31.
      (4) Other authority
        The authority provided by this subsection is in addition to any
      other authority of the Commission or the Attorney General.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 16, as added Mar. 21, 1938, ch. 49,
    Sec. 4, 52 Stat. 114; amended Pub. L. 93-153, title IV, Sec.
    408(g), Nov. 16, 1973, 87 Stat. 592; Pub. L. 93-637, title II, Sec.
    204(a), Jan. 4, 1975, 88 Stat. 2199; Pub. L. 109-455, Secs. 5,
    7(b), Dec. 22, 2006, 120 Stat. 3375, 3379.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by section 13 of Pub. L. 109-455,
    see Termination Date of 2006 Amendment note below.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(2)(E). Pub. L. 109-455, Secs. 7(b), 13,
    temporarily added subpar. (E). See Termination Date of 2006
    Amendment note below.
      Subsec. (c). Pub. L. 109-455, Secs. 5, 13, temporarily added
    subsec. (c). See Termination Date of 2006 Amendment note below.
      1975 - Pub. L. 93-637 substituted provisions authorizing the
    Commission at its election to appear in court by its own name and
    designate its attorneys for such purpose, for provisions relating
    to the certification of facts by the Commission to the Attorney
    General who brought the appropriate proceedings, or, after
    compliance with section 45(m) of this title, itself brought the
    appropriate proceedings.
      1973 - Pub. L. 93-153 inserted provisions authorizing the Federal
    Trade Commission to itself cause appropriate proceedings to be
    brought after compliance with the requirements of section 45(m) of
    this title.

                    TERMINATION DATE OF 2006 AMENDMENT                
      Amendment by Pub. L. 109-455 to cease to have effect 7 years
    after Dec. 22, 2006, see section 13 of Pub. L. 109-455, set out as
    a note under section 44 of this title.

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Section 204(c) of Pub. L. 93-637 provided that: "The amendment
    and repeal made by this section [amending this section and
    repealing section 45(m) of this title] shall not apply to any civil
    action commenced before the date of enactment of this Act [Jan. 4,
    1975]."


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 57                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57. Separability clause

-STATUTE-
      If any provision of this subchapter, or the application thereof
    to any person, partnership, or corporation, or circumstance, is
    held invalid, the remainder of this subchapter, and the application
    of such provisions to any other person, partnership, corporation,
    or circumstance, shall not be affected thereby.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 17, as added Mar. 21, 1938, ch. 49,
    Sec. 4, 52 Stat. 114.)

-End-



-CITE-
    15 USC Sec. 57a                                             01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57a. Unfair or deceptive acts or practices rulemaking
      proceedings

-STATUTE-
    (a) Authority of Commission to prescribe rules and general
      statements of policy
      (1) Except as provided in subsection (h) of this section, the
    Commission may prescribe - 
        (A) interpretive rules and general statements of policy with
      respect to unfair or deceptive acts or practices in or affecting
      commerce (within the meaning of section 45(a)(1) of this title),
      and
        (B) rules which define with specificity acts or practices which
      are unfair or deceptive acts or practices in or affecting
      commerce (within the meaning of section 45(a)(1) of this title),
      except that the Commission shall not develop or promulgate any
      trade rule or regulation with regard to the regulation of the
      development and utilization of the standards and certification
      activities pursuant to this section. Rules under this
      subparagraph may include requirements prescribed for the purpose
      of preventing such acts or practices.

      (2) The Commission shall have no authority under this subchapter,
    other than its authority under this section, to prescribe any rule
    with respect to unfair or deceptive acts or practices in or
    affecting commerce (within the meaning of section 45(a)(1) of this
    title). The preceding sentence shall not affect any authority of
    the Commission to prescribe rules (including interpretive rules),
    and general statements of policy, with respect to unfair methods of
    competition in or affecting commerce.
    (b) Procedures applicable
      (1) When prescribing a rule under subsection (a)(1)(B) of this
    section, the Commission shall proceed in accordance with section
    553 of title 5 (without regard to any reference in such section to
    sections 556 and 557 of such title), and shall also (A) publish a
    notice of proposed rulemaking stating with particularity the text
    of the rule, including any alternatives, which the Commission
    proposes to promulgate, and the reason for the proposed rule; (B)
    allow interested persons to submit written data, views, and
    arguments, and make all such submissions publicly available; (C)
    provide an opportunity for an informal hearing in accordance with
    subsection (c) of this section; and (D) promulgate, if appropriate,
    a final rule based on the matter in the rulemaking record (as
    defined in subsection (e)(1)(B) of this section), together with a
    statement of basis and purpose.
      (2)(A) Prior to the publication of any notice of proposed
    rulemaking pursuant to paragraph (1)(A), the Commission shall
    publish an advance notice of proposed rulemaking in the Federal
    Register. Such advance notice shall - 
        (i) contain a brief description of the area of inquiry under
      consideration, the objectives which the Commission seeks to
      achieve, and possible regulatory alternatives under consideration
      by the Commission; and
        (ii) invite the response of interested parties with respect to
      such proposed rulemaking, including any suggestions or
      alternative methods for achieving such objectives.

      (B) The Commission shall submit such advance notice of proposed
    rulemaking to the Committee on Commerce, Science, and
    Transportation of the Senate and to the Committee on Energy and
    Commerce of the House of Representatives. The Commission may use
    such additional mechanisms as the Commission considers useful to
    obtain suggestions regarding the content of the area of inquiry
    before the publication of a general notice of proposed rulemaking
    under paragraph (1)(A).
      (C) The Commission shall, 30 days before the publication of a
    notice of proposed rulemaking pursuant to paragraph (1)(A), submit
    such notice to the Committee on Commerce, Science, and
    Transportation of the Senate and to the Committee on Energy and
    Commerce of the House of Representatives.
      (3) The Commission shall issue a notice of proposed rulemaking
    pursuant to paragraph (1)(A) only where it has reason to believe
    that the unfair or deceptive acts or practices which are the
    subject of the proposed rulemaking are prevalent. The Commission
    shall make a determination that unfair or deceptive acts or
    practices are prevalent under this paragraph only if - 
        (A) it has issued cease and desist orders regarding such acts
      or practices, or
        (B) any other information available to the Commission indicates
      a widespread pattern of unfair or deceptive acts or practices.
    (c) Informal hearing procedure
      The Commission shall conduct any informal hearings required by
    subsection (b)(1)(C) of this section in accordance with the
    following procedure:
        (1)(A) The Commission shall provide for the conduct of
      proceedings under this subsection by hearing officers who shall
      perform their functions in accordance with the requirements of
      this subsection.
        (B) The officer who presides over the rulemaking proceedings
      shall be responsible to a chief presiding officer who shall not
      be responsible to any other officer or employee of the
      Commission. The officer who presides over the rulemaking
      proceeding shall make a recommended decision based upon the
      findings and conclusions of such officer as to all relevant and
      material evidence, except that such recommended decision may be
      made by another officer if the officer who presided over the
      proceeding is no longer available to the Commission.
        (C) Except as required for the disposition of ex parte matters
      as authorized by law, no presiding officer shall consult any
      person or party with respect to any fact in issue unless such
      officer gives notice and opportunity for all parties to
      participate.
        (2) Subject to paragraph (3) of this subsection, an interested
      person is entitled - 
          (A) to present his position orally or by documentary
        submission (or both), and
          (B) if the Commission determines that there are disputed
        issues of material fact it is necessary to resolve, to present
        such rebuttal submissions and to conduct (or have conducted
        under paragraph (3)(B)) such cross-examination of persons as
        the Commission determines (i) to be appropriate, and (ii) to be
        required for a full and true disclosure with respect to such
        issues.

        (3) The Commission may prescribe such rules and make such
      rulings concerning proceedings in such hearings as may tend to
      avoid unnecessary costs or delay. Such rules or rulings may
      include (A) imposition of reasonable time limits on each
      interested person's oral presentations, and (B) requirements that
      any cross-examination to which a person may be entitled under
      paragraph (2) be conducted by the Commission on behalf of that
      person in such manner as the Commission determines (i) to be
      appropriate, and (ii) to be required for a full and true
      disclosure with respect to disputed issues of material fact.
        (4)(A) Except as provided in subparagraph (B), if a group of
      persons each of whom under paragraphs (2) and (3) would be
      entitled to conduct (or have conducted) cross-examination and who
      are determined by the Commission to have the same or similar
      interests in the proceeding cannot agree upon a single
      representative of such interests for purposes of cross-
      examination, the Commission may make rules and rulings (i)
      limiting the representation of such interest, for such purposes,
      and (ii) governing the manner in which such cross-examination
      shall be limited.
        (B) When any person who is a member of a group with respect to
      which the Commission has made a determination under subparagraph
      (A) is unable to agree upon group representation with the other
      members of the group, then such person shall not be denied under
      the authority of subparagraph (A) the opportunity to conduct (or
      have conducted) cross-examination as to issues affecting his
      particular interests if (i) he satisfies the Commission that he
      has made a reasonable and good faith effort to reach agreement
      upon group representation with the other members of the group and
      (ii) the Commission determines that there are substantial and
      relevant issues which are not adequately presented by the group
      representative.
        (5) A verbatim transcript shall be taken of any oral
      presentation, and cross-examination, in an informal hearing to
      which this subsection applies. Such transcript shall be available
      to the public.
    (d) Statement of basis and purpose accompanying rule; "Commission"
      defined; judicial review of amendment or repeal of rule;
      violation of rule
      (1) The Commission's statement of basis and purpose to accompany
    a rule promulgated under subsection (a)(1)(B) of this section shall
    include (A) a statement as to the prevalence of the acts or
    practices treated by the rule; (B) a statement as to the manner and
    context in which such acts or practices are unfair or deceptive;
    and (C) a statement as to the economic effect of the rule, taking
    into account the effect on small business and consumers.
      (2)(A) The term "Commission" as used in this subsection and
    subsections (b) and (c) of this section includes any person
    authorized to act in behalf of the Commission in any part of the
    rulemaking proceeding.
      (B) A substantive amendment to, or repeal of, a rule promulgated
    under subsection (a)(1)(B) of this section shall be prescribed, and
    subject to judicial review, in the same manner as a rule prescribed
    under such subsection. An exemption under subsection (g) of this
    section shall not be treated as an amendment or repeal of a rule.
      (3) When any rule under subsection (a)(1)(B) of this section
    takes effect a subsequent violation thereof shall constitute an
    unfair or deceptive act or practice in violation of section
    45(a)(1) of this title, unless the Commission otherwise expressly
    provides in such rule.
    (e) Judicial review; petition; jurisdiction and venue; rulemaking
      record; additional submissions and presentations; scope of review
      and relief; review by Supreme Court; additional remedies
      (1)(A) Not later than 60 days after a rule is promulgated under
    subsection (a)(1)(B) of this section by the Commission, any
    interested person (including a consumer or consumer organization)
    may file a petition, in the United States Court of Appeals for the
    District of Columbia circuit or for the circuit in which such
    person resides or has his principal place of business, for judicial
    review of such rule. Copies of the petition shall be forthwith
    transmitted by the clerk of the court to the Commission or other
    officer designated by it for that purpose. The provisions of
    section 2112 of title 28 shall apply to the filing of the
    rulemaking record of proceedings on which the Commission based its
    rule and to the transfer of proceedings in the courts of appeals.
      (B) For purposes of this section, the term "rulemaking record"
    means the rule, its statement of basis and purpose, the transcript
    required by subsection (c)(5) of this section, any written
    submissions, and any other information which the Commission
    considers relevant to such rule.
      (2) If the petitioner or the Commission applies to the court for
    leave to make additional oral submissions or written presentations
    and shows to the satisfaction of the court that such submissions
    and presentations would be material and that there were reasonable
    grounds for the submissions and failure to make such submissions
    and presentations in the proceeding before the Commission, the
    court may order the Commission to provide additional opportunity to
    make such submissions and presentations. The Commission may modify
    or set aside its rule or make a new rule by reason of the
    additional submissions and presentations and shall file such
    modified or new rule, and the rule's statement of basis of purpose,
    with the return of such submissions and presentations. The court
    shall thereafter review such new or modified rule.
      (3) Upon the filing of the petition under paragraph (1) of this
    subsection, the court shall have jurisdiction to review the rule in
    accordance with chapter 7 of title 5 and to grant appropriate
    relief, including interim relief, as provided in such chapter. The
    court shall hold unlawful and set aside the rule on any ground
    specified in subparagraphs (A), (B), (C), or (D) of section 706(2)
    of title 5 (taking due account of the rule of prejudicial error),
    or if - 
        (A) the court finds that the Commission's action is not
      supported by substantial evidence in the rulemaking record (as
      defined in paragraph (1)(B) of this subsection) taken as a whole,
      or
        (B) the court finds that - 
          (i) a Commission determination under subsection (c) of this
        section that the petitioner is not entitled to conduct cross-
        examination or make rebuttal submissions, or
          (ii) a Commission rule or ruling under subsection (c) of this
        section limiting the petitioner's cross-examination or rebuttal
        submissions,

      has precluded disclosure of disputed material facts which was
      necessary for fair determination by the Commission of the
      rulemaking proceeding taken as a whole.

    The term "evidence", as used in this paragraph, means any matter in
    the rulemaking record.
      (4) The judgment of the court affirming or setting aside, in
    whole or in part, any such rule shall be final, subject to review
    by the Supreme Court of the United States upon certiorari or
    certification, as provided in section 1254 of title 28.
      (5)(A) Remedies under the preceding paragraphs of this subsection
    are in addition to and not in lieu of any other remedies provided
    by law.
      (B) The United States Courts of Appeal shall have exclusive
    jurisdiction of any action to obtain judicial review (other than in
    an enforcement proceeding) of a rule prescribed under subsection
    (a)(1)(B) of this section, if any district court of the United
    States would have had jurisdiction of such action but for this
    subparagraph. Any such action shall be brought in the United States
    Court of Appeals for the District of Columbia circuit, or for any
    circuit which includes a judicial district in which the action
    could have been brought but for this subparagraph.
      (C) A determination, rule, or ruling of the Commission described
    in paragraph (3)(B)(i) or (ii) may be reviewed only in a proceeding
    under this subsection and only in accordance with paragraph (3)(B).
    Section 706(2)(E) of title 5 shall not apply to any rule
    promulgated under subsection (a)(1)(B) of this section. The
    contents and adequacy of any statement required by subsection
    (b)(1)(D) of this section shall not be subject to judicial review
    in any respect.
    (f) Unfair or deceptive acts or practices by banks, savings and
      loan institutions, or Federal credit unions; promulgation of
      regulations by Board of Governors of Federal Reserve System,
      Federal Home Loan Bank Board, and National Credit Union
      Administration Board; agency enforcement and compliance
      proceedings; violations; power of other Federal agencies
      unaffected; reporting requirements
      (1) In order to prevent unfair or deceptive acts or practices in
    or affecting commerce (including acts or practices which are unfair
    or deceptive to consumers) by banks or savings and loan
    institutions described in paragraph (3), each agency specified in
    paragraph (2) or (3) of this subsection shall establish a separate
    division of consumer affairs which shall receive and take
    appropriate action upon complaints with respect to such acts or
    practices by banks or savings and loan institutions described in
    paragraph (3) subject to its jurisdiction. The Board of Governors
    of the Federal Reserve System (with respect to banks) and the
    Federal Home Loan Bank Board (with respect to savings and loan
    institutions described in paragraph (3)) and the National Credit
    Union Administration Board (with respect to Federal credit unions
    described in paragraph (4)) shall prescribe regulations to carry
    out the purposes of this section, including regulations defining
    with specificity such unfair or deceptive acts or practices, and
    containing requirements prescribed for the purpose of preventing
    such acts or practices. Whenever the Commission prescribes a rule
    under subsection (a)(1)(B) of this section, then within 60 days
    after such rule takes effect each such Board shall promulgate
    substantially similar regulations prohibiting acts or practices of
    banks or savings and loan institutions described in paragraph (3),
    or Federal credit unions described in paragraph (4), as the case
    may be, which are substantially similar to those prohibited by
    rules of the Commission and which impose substantially similar
    requirements, unless (A) any such Board finds that such acts or
    practices of banks or savings and loan institutions described in
    paragraph (3), or Federal credit unions described in paragraph (4),
    as the case may be, are not unfair or deceptive, or (B) the Board
    of Governors of the Federal Reserve System finds that
    implementation of similar regulations with respect to banks,
    savings and loan institutions or Federal credit unions would
    seriously conflict with essential monetary and payments systems
    policies of such Board, and publishes any such finding, and the
    reasons therefor, in the Federal Register.
      (2) Enforcement. - Compliance with regulations prescribed under
    this subsection shall be enforced under section 1818 of title 12,
    in the case of - 
        (A) national banks and Federal branches and Federal agencies of
      foreign banks, by the division of consumer affairs established by
      the Office of the Comptroller of the Currency;
        (B) member banks of the Federal Reserve System (other than
      national banks), branches and agencies of foreign banks (other
      than Federal branches, Federal agencies, and insured State
      branches of foreign banks), commercial lending companies owned or
      controlled by foreign banks, and organizations operating under
      section 25 or 25(a) (!1) of the Federal Reserve Act [12 U.S.C.
      601 et seq., 611 et seq.], by the division of consumer affairs
      established by the Board of Governors of the Federal Reserve
      System; and

        (C) banks insured by the Federal Deposit Insurance Corporation
      (other (!2) banks referred to in subparagraph (A) or (B)) and
      insured State branches of foreign banks, by the division of
      consumer affairs established by the Board of Directors of the
      Federal Deposit Insurance Corporation.


      (3) Compliance with regulations prescribed under this subsection
    shall be enforced under section 1818 of title 12 with respect to
    savings associations as defined in section 1813 of title 12.
      (4) Compliance with regulations prescribed under this subsection
    shall be enforced with respect to Federal credit unions under
    sections 1766 and 1786 of title 12.
      (5) For the purpose of the exercise by any agency referred to in
    paragraph (2) of its powers under any Act referred to in that
    paragraph, a violation of any regulation prescribed under this
    subsection shall be deemed to be a violation of a requirement
    imposed under that Act. In addition to its powers under any
    provision of law specifically referred to in paragraph (2), each of
    the agencies referred to in that paragraph may exercise, for the
    purpose of enforcing compliance with any regulation prescribed
    under this subsection, any other authority conferred on it by law.
      (6) The authority of the Board of Governors of the Federal
    Reserve System to issue regulations under this subsection does not
    impair the authority of any other agency designated in this
    subsection to make rules respecting its own procedures in enforcing
    compliance with regulations prescribed under this subsection.
      (7) Each agency exercising authority under this subsection shall
    transmit to the Congress each year a detailed report on its
    activities under this paragraph during the preceding calendar year.

    The terms used in this paragraph that are not defined in this
    subchapter or otherwise defined in section 1813(s) of title 12
    shall have the meaning given to them in section 3101 of title 12.
    (g) Exemptions and stays from application of rules; procedures
      (1) Any person to whom a rule under subsection (a)(1)(B) of this
    section applies may petition the Commission for an exemption from
    such rule.
      (2) If, on its own motion or on the basis of a petition under
    paragraph (1), the Commission finds that the application of a rule
    prescribed under subsection (a)(1)(B) of this section to any person
    or class or (!3) persons is not necessary to prevent the unfair or
    deceptive act or practice to which the rule relates, the Commission
    may exempt such person or class from all or part of such rule.
    Section 553 of title 5 shall apply to action under this paragraph.

      (3) Neither the pendency of a proceeding under this subsection
    respecting an exemption from a rule, nor the pendency of judicial
    proceedings to review the Commission's action or failure to act
    under this subsection, shall stay the applicability of such rule
    under subsection (a)(1)(B) of this section.
    (h) Restriction on rulemaking authority of Commission respecting
      children's advertising proceedings pending on May 28, 1980
      The Commission shall not have any authority to promulgate any
    rule in the children's advertising proceeding pending on May 28,
    1980, or in any substantially similar proceeding on the basis of a
    determination by the Commission that such advertising constitutes
    an unfair act or practice in or affecting commerce.
    (i) Meetings with outside parties
      (1) For purposes of this subsection, the term "outside party"
    means any person other than (A) a Commissioner; (B) an officer or
    employee of the Commission; or (C) any person who has entered into
    a contract or any other agreement or arrangement with the
    Commission to provide any goods or services (including consulting
    services) to the Commission.
      (2) Not later than 60 days after May 28, 1980, the Commission
    shall publish a proposed rule, and not later than 180 days after
    May 28, 1980, the Commission shall promulgate a final rule, which
    shall authorize the Commission or any Commissioner to meet with any
    outside party concerning any rulemaking proceeding of the
    Commission. Such rule shall provide that - 
        (A) notice of any such meeting shall be included in any weekly
      calendar prepared by the Commission; and
        (B) a verbatim record or a summary of any such meeting, or of
      any communication relating to any such meeting, shall be kept,
      made available to the public, and included in the rulemaking
      record.
    (j) Communications by investigative personnel with staff of
      Commission concerning matters outside rulemaking record
      prohibited
      Not later than 60 days after May 28, 1980, the Commission shall
    publish a proposed rule, and not later than 180 days after May 28,
    1980, the Commission shall promulgate a final rule, which shall
    prohibit any officer, employee, or agent of the Commission with any
    investigative responsibility or other responsibility relating to
    any rulemaking proceeding within any operating bureau of the
    Commission, from communicating or causing to be communicated to any
    Commissioner or to the personal staff of any Commissioner any fact
    which is relevant to the merits of such proceeding and which is not
    on the rulemaking record of such proceeding, unless such
    communication is made available to the public and is included in
    the rulemaking record. The provisions of this subsection shall not
    apply to any communication to the extent such communication is
    required for the disposition of ex parte matters as authorized by
    law.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 18, as added Pub. L. 93-637, title
    II, Sec. 202(a), Jan. 4, 1975, 88 Stat. 2193; amended Pub. L. 96-
    37, Sec. 1(c), July 23, 1979, 93 Stat. 95; Pub. L. 96-221, title
    VI, Sec. 610(b), Mar. 31, 1980, 94 Stat. 174; Pub. L. 96-252, Secs.
    7-11(a), 12, May 28, 1980, 94 Stat. 376-379; Pub. L. 100-86, title
    VII, Sec. 715(c), Aug. 10, 1987, 101 Stat. 655; Pub. L. 101-73,
    title VII, Sec. 744(t), Aug. 9, 1989, 103 Stat. 441; Pub. L. 102-
    242, title II, Sec. 212(g)(2), Dec. 19, 1991, 105 Stat. 2302; Pub.
    L. 102-550, title XVI, Sec. 1604(a)(9), Oct. 28, 1992, 106 Stat.
    4082; Pub. L. 103-312, Secs. 3, 5, Aug. 26, 1994, 108 Stat. 1691,
    1692; Pub. L. 103-437, Sec. 5(a), Nov. 2, 1994, 108 Stat. 4582;
    Pub. L. 109-351, title VII, Sec. 725(g), Oct. 13, 2006, 120 Stat.
    2002; Pub. L. 109-356, title I, Sec. 123(g), Oct. 16, 2006, 120
    Stat. 2029.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 25(a) of the Federal Reserve Act, referred to in subsec.
    (f)(2)(B), which is classified to subchapter II (Sec. 611 et seq.)
    of chapter 6 of Title 12, Banks and Banking, was renumbered section
    25A of that act by Pub. L. 102-242, title I, Sec. 142(e)(2), Dec.
    19, 1991, 105 Stat. 2281. Section 25 of the Federal Reserve Act is
    classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title
    12.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 18 of act Sept. 26, 1914, ch. 311, was renumbered
    section 28 and is classified to section 58 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (f)(2)(A), (B). Pub. L. 109-351 and Pub. L. 109-
    356 amended par. (2) identically, striking out ", banks operating
    under the code of law for the District of Columbia," after
    "national banks" in subpar. (A) and "and banks operating under the
    code of law for the District of Columbia" after "(other than
    national banks" in subpar. (B).
      1994 - Subsec. (a)(1). Pub. L. 103-312, Sec. 3(b), substituted
    "subsection (h)" for "subsection (i)" in introductory provisions.
      Subsec. (b)(2)(B), (C). Pub. L. 103-437 substituted "Committee on
    Energy and Commerce" for "Committee on Interstate and Foreign
    Commerce".
      Subsec. (b)(3). Pub. L. 103-312, Sec. 5, added par. (3).
      Subsecs. (h) to (k). Pub. L. 103-312, Sec. 3(a), redesignated
    subsecs. (i) to (k) as (h) to (j), respectively, and struck out
    former subsec. (h) which provided for compensation for attorney
    fees, expert witness fees, etc., incurred in rulemaking
    proceedings, limitation on amount, and establishment of small
    business outreach program.
      1992 - Subsec. (f)(2)(A). Pub. L. 102-550 substituted "division"
    for "divisions".
      1991 - Subsec. (f). Pub. L. 102-242, Sec. 212(g)(2)(B), inserted
    at end "The terms used in this paragraph that are not defined in
    this subchapter or otherwise defined in section 1813(s) of title 12
    shall have the meaning given to them in section 3101 of title 12."
      Subsec. (f)(2). Pub. L. 102-242, Sec. 212(g)(2)(A), added par.
    (2) and struck out former par. (2) which read as follows:
    "Compliance with regulations prescribed under this subsection shall
    be enforced under section 1818 of title 12, in the case of - 
        "(A) national banks and banks operating under the code of law
      for the District of Columbia, by the division of consumer affairs
      established by the Comptroller of the Currency;
        "(B) member banks of the Federal Reserve System (other than
      banks referred to in subparagraph (A)) by the division of
      consumer affairs established by the Board of Governors of the
      Federal Reserve System; and
        "(C) banks insured by the Federal Deposit Insurance Corporation
      (other than banks referred to in subparagraph (A) or (B)), by the
      division of consumer affairs established by the Board of
      Directors of the Federal Deposit Insurance Corporation."
      1989 - Subsec. (f)(3). Pub. L. 101-73 amended par. (3) generally.
    Prior to amendment, par. (3) read as follows: "Compliance with
    regulations prescribed under this subsection shall be enforced
    under section 5 of the Home Owners' Loan Act of 1933 (12 U.S.C.
    1464) with respect to Federal savings and loan associations,
    section 407 of the National Housing Act (12 U.S.C. 1730) with
    respect to insured institutions, and sections 6(i) and 17 of the
    Federal Home Loan Bank Act (12 U.S.C. 1426(i), 1437) with respect
    to savings and loan institutions which are members of a Federal
    Home Loan Bank, by a division of consumer affairs to be established
    by the Federal Home Loan Bank Board pursuant to the Federal Home
    Loan Bank Act."
      1987 - Subsec. (f)(1). Pub. L. 100-86, Sec. 715(c)(1), (2), in
    second sentence inserted "and the National Credit Union
    Administration Board (with respect to Federal credit unions
    described in paragraph (4))" and in last sentence inserted "or
    Federal credit unions described in paragraph (4)," in two places,
    substituted "any such" for "either such", and inserted ", savings
    and loan institutions or Federal credit unions".
      Subsec. (f)(4) to (7). Pub. L. 100-86, Sec. 715(c)(3), added par.
    (4) and redesignated former pars. (4) to (6) as (5) to (7),
    respectively.
      1980 - Subsec. (a)(1). Pub. L. 96-252, Secs. 7, 11(a)(2), in
    provisions preceding subpar. (A) substituted "Except as provided in
    subsection (i) of this section, the" for "The" and in subpar. (B)
    inserted ", except that the Commission shall not develop or
    promulgate any trade rule or regulation with regard to the
    regulation of the development and utilization of the standards and
    certification activities pursuant to this section" after "section
    45(a)(1) of this title)".
      Subsec. (b). Pub. L. 96-252, Secs. 8(a), 11(a)(3), designated
    existing provisions as par. (1) and cls. (1) to (4) thereof as
    subpars. (A) to (D) and, subpar. (A) thereof, inserted "the text of
    the rule, including any alternatives, which the Commission proposes
    to promulgate, and" after "particularity", and added par. (2).
      Subsec. (c). Pub. L. 96-252, Sec. 8(b)(1), in provisions
    preceding par. (1) substituted "subsection (b)(1)(C)" for
    "subsection (b)(3)".
      Subsec. (c)(1). Pub. L. 96-252, Sec. 9(a)(2), added par. (1).
    Former par. (1) redesignated (2).
      Subsec. (c)(2). Pub. L. 96-252, Sec. 9(a)(1), (b)(1),
    redesignated former par. (1) as (2), substituted "paragraph (3)"
    for "paragraph (2)" and "paragraph (3)(B)" for "paragraph (2)(B)".
    Former par. (2) redesignated (3).
      Subsec. (c)(3). Pub. L. 96-252, Sec. 9(a)(1), (b)(2),
    redesignated former par. (2) as (3) and substituted "paragraph (2)"
    for "paragraph (1)". Former par. (3) redesignated (4).
      Subsec. (c)(4), (5). Pub. L. 96-252, Sec. 9(a)(1), (b)(3),
    redesignated former par. (3) as (4) and substituted in subpar. (A)
    "paragraph (2) and (3)" for "paragraphs (1) and (2)". Former par.
    (4) redesignated (5).
      Subsec. (e). Pub. L. 96-252, Secs. 8(b)(2), 9(c), substituted in
    par. (1)(B) "subsection (c)(5)" for "subsection (c)(4)" and in par.
    (5)(C) "subsection (b)(1)(D)" for "subsection (b)(4)".
      Subsec. (f)(6). Pub. L. 96-221 struck out requirement that the
    report be made not later than every March 15.
      Subsec. (h)(2). Pub. L. 96-252, Sec. 10(b), substituted
    provisions reserving an amount equal to 25 percent of the amount
    appropriated for the payment of compensation under this subsection
    to be available solely for the payment of compensation to persons
    who either would be regulated by a proposed rule or represent
    persons who would be so regulated for provisions restricting the
    aggregate amount of compensation paid under this subsection in any
    fiscal year to all persons, who in rulemaking proceedings in which
    they receive compensation, are persons who would be regulated by
    the proposed rule or represent persons who would be so regulated,
    to an amount not in excess of 25 percent of the aggregate amount
    paid as compensation under this subsection.
      Subsec. (h)(3). Pub. L. 96-252, Sec. 10(a), (e), temporarily
    added par. (3) and redesignated former par. (3) as (4). See
    Effective and Termination Dates of 1980 Amendments note below.
      Subsec. (h)(4). Pub. L. 96-252, Sec. 10(a), (c), (e), temporarily
    redesignated former par. (3) as (4) and substituted "$750,000" for
    "$1,000,000". See Effective and Termination Dates of 1980
    Amendments note below.
      Subsec. (h)(5). Pub. L. 96-252, Sec. 10(d), (e), added par. (5)
    to be redesignated (4) effective Sept. 30, 1983. See Effective and
    Termination Dates of 1980 Amendments note below.
      Subsec. (i). Pub. L. 96-252, Sec. 11(a)(1), added subsec. (i).
      Subsecs. (j), (k). Pub. L. 96-252, Sec. 12, added subsecs. (j)
    and (k).
      1979 - Subsec. (f)(1). Pub. L. 96-37, Sec. 1(c)(1), inserted
    provisions relating to savings and loan institutions and to
    regulations with respect to savings and loan institutions
    promulgated by Federal Home Loan Bank Board.
      Subsec. (f)(3) to (6). Pub. L. 96-37, Sec. 1(c)(2), added par.
    (3) and redesignated former pars. (3) to (5) as (4) to (6),
    respectively.

-CHANGE-
                              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.


-MISC2-
                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by section 5 of Pub. L. 103-312 applicable only to
    rulemaking proceedings initiated after Aug. 26, 1994, and not to be
    construed to affect in any manner a rulemaking proceeding initiated
    before such date, see section 15(b) of Pub. L. 103-312, set out as
    a note under section 45 of this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-550 effective as if included in the
    Federal Deposit Insurance Corporation Improvement Act of 1991, Pub.
    L. 102-242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102-
    550, set out as a note under section 191 of this title.

            EFFECTIVE AND TERMINATION DATES OF 1980 AMENDMENTS        
      Section 10(e) of Pub. L. 96-252 provided that: "The amendments
    made in subsection (a) and subsection (c) [amending this section]
    are repealed, effective at the end of fiscal year 1982. Effective
    upon such repeal, paragraph (5) of section 18(h) of the Federal
    Trade Commission Act [subsec. (h)(5) of this section], as added by
    subsection (d), is redesignated as paragraph (4) of section 18(h)
    of such Act."
      Pub. L. 97-377, title I, Sec. 101(d), Dec. 21, 1982, 96 Stat.
    1866, 1870, provided in part that: "Notwithstanding any other
    provision of law, the provisions of sections 10 [amending this
    section and enacting provision set out as first paragraph of this
    note], 11(b) [set out as a note below], 18 [set out as a note under
    section 57c of this title], 20 [set out as a note under section 57c
    of this title] and 21 [enacting section 57a-1 of this title and
    enacting a provision set out as a note under section 57a-1 of this
    title], of the Federal Trade Commission Improvements Act of 1980
    (Public Law 96-252; 94 Stat. 374) are hereby extended until the
    termination date set forth in section 102(c) of H.J. Res. 631
    [Sept. 30, 1983] as enacted into law [Pub. L. 97-377],
    notwithstanding subsections 10(e) [see paragraph above] and 21(i)
    [set out as a note under section 57a-1 of this title] of the
    Federal Trade Commission Improvements Act of 1980 (Public Law 96-
    252; 94 Stat. 374)."
      Section 11(c) of Pub. L. 96-252 provided that: "The amendments
    made in subsection (a) [amending this section] shall take effect on
    the date of the enactment of this Act [May 28, 1980]. The
    children's advertising proceeding pending on the date of the
    enactment of this Act shall not proceed further until such time as
    the Commission has complied with section 18(b)(1)(A) of the Federal
    Trade Commission Act [subsec. (b)(1)(A) of this section], as
    amended by subsection (a)(3) and as so redesignated in section
    8(a). In any such further proceeding, interested parties shall be
    given a reasonable opportunity to present their views in accordance
    with section 18(b)(1)(B) of the Federal Trade Commission Act, as so
    redesignated in section 8(a) [subsec. (b)(1)(B) of this section],
    section 18(b)(1)(C) of such Act, as so redesignated in section 8(a)
    [subsec. (b)(1)(C) of this section], and section 18(c) of such Act
    (15 U.S.C. 57a(c))."
      Amendment by Pub. L. 96-252 effective May 28, 1980, see section
    23 of Pub. L. 96-252, set out as an Effective Date of 1980
    Amendment note under section 45 of this title.
      Amendment by Pub. L. 96-221 effective on expiration of two years
    and six months after Mar. 31, 1980, with all regulations, forms and
    clauses required to be prescribed to be promulgated at least one
    year prior to such effective date, and allowing any creditor to
    comply with any amendments, in accordance with the regulations,
    forms, and clauses prescribed by the Board prior to such effective
    date, see section 625 of Pub. L. 96-221, set out as an Effective
    Date of 1980 Amendment note under section 1602 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Federal Home Loan Bank Board abolished and functions transferred,
    see sections 401 to 406 of Pub. L. 101-73, set out as a note under
    section 1437 of Title 12, Banks and Banking.


-MISC3-
         RESTRICTION ON USE OF FUNDS FOR PURPOSE OF INITIATING NEW
                           RULEMAKING PROCEEDING
      Section 11(b) of Pub. L. 96-252 prohibited the Federal Trade
    Commission from using any funds authorized to be appropriated to
    carry out this subchapter for fiscal year 1980, 1981, or 1982 (or
    1983 as extended by Pub. L. 97-377, title I Sec. 101(d), Dec. 21,
    1982, 96 Stat. 1870), under section 57c of this title, for the
    purpose of initiating any new rulemaking proceeding under this
    section which was intended to result in, or which might result in,
    the promulgation of any rule by the Commission which prohibited or
    otherwise regulated any commercial advertising on the basis of a
    determination by the Commission that such commercial advertising
    constituted an unfair act or practice in or affecting commerce.

       RESTRICTION ON USE OF FUNDS RESPECTING REGULATION OF FUNERAL
                            INDUSTRY; EXCEPTION
      Section 19 of Pub. L. 96-252 prohibited the Federal Trade
    Commission from using any funds authorized to be appropriated to
    carry out this subchapter for fiscal year 1980, 1981, or 1982,
    under section 57c of this title to issue the proposed trade
    regulation rule which was published in the Federal Register of Aug.
    29, 1975, beginning at page 39901, and which relates to the
    regulation of funeral industry practices, in final form or a
    substantially similar proposed or final trade regulation rule
    unless the final rule met specific requirements and the Commission
    followed specific procedures.

        OVERSIGHT HEARINGS WITH RESPECT TO FEDERAL TRADE COMMISSION    
      Section 22 of Pub. L. 96-252 required the Consumer Subcommittee
    of the Committee on Commerce, Science, and Transportation of the
    Senate to conduct an oversight hearing with respect to the Federal
    Trade Commission at least once during the first 6 calendar months,
    and at least once during the last 6 calendar months, of each of the
    fiscal years 1980, 1981, and 1982.

     APPLICABILITY OF UNFAIR OR DECEPTIVE ACTS OR PRACTICES RULEMAKING
     PROCEDURES TO RULES CLASSIFYING CORPORATIONS PROMULGATED PRIOR TO
                              JANUARY 4, 1975
      Section 202(c) of Pub. L. 93-637 provided that:
      "(1) The amendments made by subsections (a) and (b) of this
    section [enacting this section and amending section 46 of this
    title] shall not affect the validity of any rule which was
    promulgated under section 6(g) of the Federal Trade Commission Act
    [section 46(g) of this title] prior to the date of enactment of
    this section [Jan. 4, 1975]. Any proposed rule under section 6(g)
    of such Act with respect to which presentation of data, views, and
    arguments was substantially completed before such date may be
    promulgated in the same manner and with the same validity as such
    rule could have been promulgated had this section not been enacted.
      "(2) If a rule described in paragraph (1) of this subsection is
    valid and if section 18 of the Federal Trade Commission Act [this
    section] would have applied to such rule had such rule been
    promulgated after the date of enactment of this Act, any
    substantive change in the rule after it has been promulgated shall
    be made in accordance with such section 18."

       STUDY, EVALUATION, AND REPORT BY FEDERAL TRADE COMMISSION AND
     ADMINISTRATIVE CONFERENCE OF UNITED STATES ON UNFAIR OR DECEPTIVE
                 ACTS OR PRACTICES; RULEMAKING PROCEDURES
      Section 202(d) of Pub. L. 93-637, as amended by Pub. L. 94-299,
    Sec. 2, May 29, 1976, 90 Stat. 588; Pub. L. 95-558, Nov. 1, 1978,
    92 Stat. 2130, required the Federal Trade Commission and the
    Administrative Conference of the United States, not later than June
    30, 1979, to conduct a study and submit a report to Congress on the
    rulemaking procedures under section 57a of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "(other than".

    (!3) So in original. Probably should be "of".


-End-



-CITE-
    15 USC Sec. 57a-1                                           01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57a-1. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 96-252, Sec. 21(a)-(h), May 28, 1980, 94 Stat.
    393; H. Res. 549, Mar. 25, 1980; Pub. L. 98-620, title IV, Sec.
    402(13), Nov. 8, 1984, 98 Stat. 3358, provided procedures for
    review by Congress of final rules promulgated by the Federal Trade
    Commission.


-MISC1-
                     EFFECTIVE DATE; TERMINATION DATE                 
      Section 21(i) of Pub. L. 96-252 provided that: "The provisions of
    this section shall take effect on the date of the enactment of this
    Act [May 28, 1980] and shall cease to have any force or effect
    after September 30, 1982."
      Pub. L. 97-377, title I, Sec. 101(d), Dec. 21, 1982, 96 Stat.
    1870, provided in part that notwithstanding any other provision of
    law, the provisions of section 21 of the Federal Trade Commission
    Improvements Act of 1980 [Pub. L. 96-252], which enacted this
    section and enacted provisions set out as a note under this
    section, were extended until Sept. 30, 1983, notwithstanding
    section 21(i) of such Act.

-End-



-CITE-
    15 USC Sec. 57b                                             01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57b. Civil actions for violations of rules and cease and
      desist orders respecting unfair or deceptive acts or practices

-STATUTE-
    (a) Suits by Commission against persons, partnerships, or
      corporations; jurisdiction; relief for dishonest or fraudulent
      acts
      (1) If any person, partnership, or corporation violates any rule
    under this subchapter respecting unfair or deceptive acts or
    practices (other than an interpretive rule, or a rule violation of
    which the Commission has provided is not an unfair or deceptive act
    or practice in violation of section 45(a) of this title), then the
    Commission may commence a civil action against such person,
    partnership, or corporation for relief under subsection (b) of this
    section in a United States district court or in any court of
    competent jurisdiction of a State.
      (2) If any person, partnership, or corporation engages in any
    unfair or deceptive act or practice (within the meaning of section
    45(a)(1) of this title) with respect to which the Commission has
    issued a final cease and desist order which is applicable to such
    person, partnership, or corporation, then the Commission may
    commence a civil action against such person, partnership, or
    corporation in a United States district court or in any court of
    competent jurisdiction of a State. If the Commission satisfies the
    court that the act or practice to which the cease and desist order
    relates is one which a reasonable man would have known under the
    circumstances was dishonest or fraudulent, the court may grant
    relief under subsection (b) of this section.
    (b) Nature of relief available
      The court in an action under subsection (a) of this section shall
    have jurisdiction to grant such relief as the court finds necessary
    to redress injury to consumers or other persons, partnerships, and
    corporations resulting from the rule violation or the unfair or
    deceptive act or practice, as the case may be. Such relief may
    include, but shall not be limited to, rescission or reformation of
    contracts, the refund of money or return of property, the payment
    of damages, and public notification respecting the rule violation
    or the unfair or deceptive act or practice, as the case may be;
    except that nothing in this subsection is intended to authorize the
    imposition of any exemplary or punitive damages.
    (c) Conclusiveness of findings of Commission in cease and desist
      proceedings; notice of judicial proceedings to injured persons,
      etc.
      (1) If (A) a cease and desist order issued under section 45(b) of
    this title has become final under section 45(g) of this title with
    respect to any person's, partnership's, or corporation's rule
    violation or unfair or deceptive act or practice, and (B) an action
    under this section is brought with respect to such person's,
    partnership's, or corporation's rule violation or act or practice,
    then the findings of the Commission as to the material facts in the
    proceeding under section 45(b) of this title with respect to such
    person's, partnership's, or corporation's rule violation or act or
    practice, shall be conclusive unless (i) the terms of such cease
    and desist order expressly provide that the Commission's findings
    shall not be conclusive, or (ii) the order became final by reason
    of section 45(g)(1) of this title, in which case such finding shall
    be conclusive if supported by evidence.
      (2) The court shall cause notice of an action under this section
    to be given in a manner which is reasonably calculated, under all
    of the circumstances, to apprise the persons, partnerships, and
    corporations allegedly injured by the defendant's rule violation or
    act or practice of the pendency of such action. Such notice may, in
    the discretion of the court, be given by publication.
    (d) Time for bringing of actions
      No action may be brought by the Commission under this section
    more than 3 years after the rule violation to which an action under
    subsection (a)(1) of this section relates, or the unfair or
    deceptive act or practice to which an action under subsection
    (a)(2) of this section relates; except that if a cease and desist
    order with respect to any person's, partnership's, or corporation's
    rule violation or unfair or deceptive act or practice has become
    final and such order was issued in a proceeding under section 45(b)
    of this title which was commenced not later than 3 years after the
    rule violation or act or practice occurred, a civil action may be
    commenced under this section against such person, partnership, or
    corporation at any time before the expiration of one year after
    such order becomes final.
    (e) Availability of additional Federal or State remedies; other
      authority of Commission unaffected
      Remedies provided in this section are in addition to, and not in
    lieu of, any other remedy or right of action provided by State or
    Federal law. Nothing in this section shall be construed to affect
    any authority of the Commission under any other provision of law.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 19, as added Pub. L. 93-637, title
    II, Sec. 206(a), Jan. 4, 1975, 88 Stat. 2201.)


-MISC1-
                              EFFECTIVE DATE                          
      Section 206(b) of Pub. L. 93-637 provided that: "The amendment
    made by subsection (a) of this section [enacting this section]
    shall not apply to - 
        "(1) any violation of a rule to the extent that such violation
      occurred before the date of enactment of this Act [Jan. 4, 1975],
      or
        "(2) any act or practice with respect to which the Commission
      issues a cease-and-desist order, to the extent that such act or
      practice occurred before the date of enactment of this Act [Jan.
      4, 1975], unless such order was issued after such date and the
      person, partnership or corporation against whom such an order was
      issued had been notified in the complaint, or in the notice or
      order attached thereto, that consumer redress may be sought."

-End-



-CITE-
    15 USC Sec. 57b-1                                           01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57b-1. Civil investigative demands

-STATUTE-
    (a) Definitions
      For purposes of this section:
        (1) The terms "civil investigative demand" and "demand" mean
      any demand issued by the commission under subsection (c)(1) of
      this section.
        (2) The term "Commission investigation" means any inquiry
      conducted by a Commission investigator for the purpose of
      ascertaining whether any person is or has been engaged in any
      unfair or deceptive acts or practices in or affecting commerce
      (within the meaning of section 45(a)(1) of this title) or in any
      antitrust violations.
        (3) The term "Commission investigator" means any attorney or
      investigator employed by the Commission who is charged with the
      duty of enforcing or carrying into effect any provisions relating
      to unfair or deceptive acts or practices in or affecting commerce
      (within the meaning of section 45(a)(1) of this title) or any
      provisions relating to antitrust violations.
        (4) The term "custodian" means the custodian or any deputy
      custodian designated under section 57b-2(b)(2)(A) of this title.
        (5) The term "documentary material" includes the original or
      any copy of any book, record, report, memorandum, paper,
      communication, tabulation, chart, or other document.
        (6) The term "person" means any natural person, partnership,
      corporation, association, or other legal entity, including any
      person acting under color or authority of State law.
        (7) The term "violation" means any act or omission constituting
      an unfair or deceptive act or practice in or affecting commerce
      (within the meaning of section 45(a)(1) of this title) or any
      antitrust violation.
        (8) The term "antitrust violation" means - 
          (A) any unfair method of competition (within the meaning of
        section 45(a)(1) of this title);
          (B) any violation of the Clayton Act [15 U.S.C. 12 et seq.]
        or of any other Federal statute that prohibits, or makes
        available to the Commission a civil remedy with respect to, any
        restraint upon or monopolization of interstate or foreign trade
        or commerce;
          (C) with respect to the International Antitrust Enforcement
        Assistance Act of 1994 [15 U.S.C. 6201 et seq.], any violation
        of any of the foreign antitrust laws (as defined in section 12
        of such Act [15 U.S.C. 6211]) with respect to which a request
        is made under section 3 of such Act [15 U.S.C. 6202]; or
          (D) any activity in preparation for a merger, acquisition,
        joint venture, or similar transaction, which if consummated,
        may result in any such unfair method of competition or in any
        such violation.
    (b) Actions conducted by Commission respecting unfair or deceptive
      acts or practices in or affecting commerce
      For the purpose of investigations performed pursuant to this
    section with respect to unfair or deceptive acts or practices in or
    affecting commerce (within the meaning of section 45(a)(1) of this
    title); all actions of the Commission taken under section 46 and
    section 49 of this title shall be conducted pursuant to subsection
    (c) of this section.
    (c) Issuance of demand; contents; service; verified return; sworn
      certificate; answers; taking of oral testimony
      (1) Whenever the Commission has reason to believe that any person
    may be in possession, custody, or control of any documentary
    material or tangible things, or may have any information, relevant
    to unfair or deceptive acts or practices in or affecting commerce
    (within the meaning of section 45(a)(1) of this title), or to
    antitrust violations, the Commission may, before the institution of
    any proceedings under this subchapter, issue in writing, and cause
    to be served upon such person, a civil investigative demand
    requiring such person to produce such documentary material for
    inspection and copying or reproduction, to submit such tangible
    things, to file written reports or answers to questions, to give
    oral testimony concerning documentary material or other
    information, or to furnish any combination of such material,
    answers, or testimony.
      (2) Each civil investigative demand shall state the nature of the
    conduct constituting the alleged violation which is under
    investigation and the provision of law applicable to such
    violation.
      (3) Each civil investigative demand for the production of
    documentary material shall - 
        (A) describe each class of documentary material to be produced
      under the demand with such definiteness and certainty as to
      permit such material to be fairly identified;
        (B) prescribe a return date or dates which will provide a
      reasonable period of time within which the material so demanded
      may be assembled and made available for inspection and copying or
      reproduction; and
        (C) identify the custodian to whom such material shall be made
      available.

      (4) Each civil investigative demand for the submission of
    tangible things shall - 
        (A) describe each class of tangible things to be submitted
      under the demand with such definiteness and certainty as to
      permit such things to be fairly identified;
        (B) prescribe a return date or dates which will provide a
      reasonable period of time within which the things so demanded may
      be assembled and submitted; and
        (C) identify the custodian to whom such things shall be
      submitted.

      (5) Each civil investigative demand for written reports or
    answers to questions shall - 
        (A) propound with definiteness and certainty the reports to be
      produced or the questions to be answered;
        (B) prescribe a date or dates at which time written reports or
      answers to questions shall be submitted; and
        (C) identify the custodian to whom such reports or answers
      shall be submitted.

      (6) Each civil investigative demand for the giving of oral
    testimony shall - 
        (A) prescribe a date, time, and place at which oral testimony
      shall be commenced; and
        (B) identify a Commission investigator who shall conduct the
      investigation and the custodian to whom the transcript of such
      investigation shall be submitted.

      (7)(A) Any civil investigative demand may be served by any
    Commission investigator at any place within the territorial
    jurisdiction of any court of the United States.
      (B) Any such demand or any enforcement petition filed under this
    section may be served upon any person who is not 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 in a foreign nation.
      (C) To the extent that the courts of the United States have
    authority to assert jurisdiction over such person consistent with
    due process, the United States District Court for the District of
    Columbia shall have the same jurisdiction to take any action
    respecting compliance with this section by such person that such
    district court would have if such person were personally within the
    jurisdiction of such district court.
      (8) Service of any civil investigative demand or any enforcement
    petition filed under this section may be made upon a partnership,
    corporation, association, or other legal entity by - 
        (A) delivering a duly executed copy of such demand or petition
      to any partner, executive officer, managing agent, or general
      agent of such partnership, corporation, association, or other
      legal entity, or to any agent of such partnership, corporation,
      association, or other legal entity authorized by appointment or
      by law to receive service of process on behalf of such
      partnership, corporation, association, or other legal entity;
        (B) delivering a duly executed copy of such demand or petition
      to the principal office or place of business of the partnership,
      corporation, association, or other legal entity to be served; or
        (C) depositing a duly executed copy in the United States mails,
      by registered or certified mail, return receipt requested, duly
      addressed to such partnership, corporation, association, or other
      legal entity at its principal office or place of business.

      (9) Service of any civil investigative demand or of any
    enforcement petition filed under this section may be made upon any
    natural person by - 
        (A) delivering a duly executed copy of such demand or petition
      to the person to be served; or
        (B) depositing a duly executed copy in the United States mails
      by registered or certified mail, return receipt requested, duly
      addressed to such person at his residence or principal office or
      place of business.

      (10) A verified return by the individual serving any civil
    investigative demand or any enforcement petition filed under this
    section setting forth the manner of such service shall be proof of
    such service. In the case of service by registered or certified
    mail, such return shall be accompanied by the return post office
    receipt of delivery of such demand or enforcement petition.
      (11) The production of documentary material in response to a
    civil investigative demand shall be made under a sworn certificate,
    in such form as the demand designates, by the person, if a natural
    person, to whom the demand is directed or, if not a natural person,
    by any person having knowledge of the facts and circumstances
    relating to such production, to the effect that all of the
    documentary material required by the demand and in the possession,
    custody, or control of the person to whom the demand is directed
    has been produced and made available to the custodian.
      (12) The submission of tangible things in response to a civil
    investigative demand shall be made under a sworn certificate, in
    such form as the demand designates, by the person to whom the
    demand is directed or, if not a natural person, by any person
    having knowledge of the facts and circumstances relating to such
    production, to the effect that all of the tangible things required
    by the demand and in the possession, custody, or control of the
    person to whom the demand is directed have been submitted to the
    custodian.
      (13) Each reporting requirement or question in a civil
    investigative demand shall be answered separately and fully in
    writing under oath, unless it is objected to, in which event the
    reasons for the objection shall be stated in lieu of an answer, and
    it shall be submitted under a sworn certificate, in such form as
    the demand designates, by the person, if a natural person, to whom
    the demand is directed or, if not a natural person, by any person
    responsible for answering each reporting requirement or question,
    to the effect that all information required by the demand and in
    the possession, custody, control, or knowledge of the person to
    whom the demand is directed has been submitted.
      (14)(A) Any Commission investigator before whom oral testimony is
    to be taken shall put the witness on oath or affirmation and shall
    personally, or by any individual acting under his direction and in
    his presence, record the testimony of the witness. The testimony
    shall be taken stenographically and transcribed. After the
    testimony is fully transcribed, the Commission investigator before
    whom the testimony is taken shall promptly transmit a copy of the
    transcript of the testimony to the custodian.
      (B) Any Commission investigator before whom oral testimony is to
    be taken shall exclude from the place where the testimony is to be
    taken all other persons except the person giving the testimony, his
    attorney, the officer before whom the testimony is to be taken, and
    any stenographer taking such testimony.
      (C) The oral testimony of any person taken pursuant to a civil
    investigative demand shall be taken in the judicial district of the
    United States in which such person resides, is found, or transacts
    business, or in such other place as may be agreed upon by the
    Commission investigator before whom the oral testimony of such
    person is to be taken and such person.
      (D)(i) Any person compelled to appear under a civil investigative
    demand for oral testimony pursuant to this section may be
    accompanied, represented, and advised by an attorney. The attorney
    may advise such person, in confidence, either upon the request of
    such person or upon the initiative of the attorney, with respect to
    any question asked of such person.
      (ii) Such person or attorney may object on the record to any
    question, in whole or in part, and shall briefly state for the
    record the reason for the objection. An objection may properly be
    made, received, and entered upon the record when it is claimed that
    such person is entitled to refuse to answer the question on grounds
    of any constitutional or other legal right or privilege, including
    the privilege against self-incrimination. Such person shall not
    otherwise object to or refuse to answer any question, and shall not
    himself or through his attorney otherwise interrupt the oral
    examination. If such person refuses to answer any question, the
    Commission may petition the district court of the United States
    pursuant to this section for an order compelling such person to
    answer such question.
      (iii) If such person refuses to answer any question on grounds of
    the privilege against self-incrimination, the testimony of such
    person may be compelled in accordance with the provisions of
    section 6004 of title 18.
      (E)(i) After the testimony of any witness is fully transcribed,
    the Commission investigator shall afford the witness (who may be
    accompanied by an attorney) a reasonable opportunity to examine the
    transcript. The transcript shall be read to or by the witness,
    unless such examination and reading are waived by the witness. Any
    changes in form or substance which the witness desires to make
    shall be entered and identified upon the transcript by the
    Commission investigator with a statement of the reasons given by
    the witness for making such changes. The transcript shall then be
    signed by the witness, unless the witness in writing waives the
    signing, is ill, cannot be found, or refuses to sign.
      (ii) If the transcript is not signed by the witness during the 30-
    day period following the date upon which the witness is first
    afforded a reasonable opportunity to examine it, the Commission
    investigator shall sign the transcript and state on the record the
    fact of the waiver, illness, absence of the witness, or the refusal
    to sign, together with any reasons given for the failure to sign.
      (F) The Commission investigator shall certify on the transcript
    that the witness was duly sworn by him and that the transcript is a
    true record of the testimony given by the witness, and the
    Commission investigator shall promptly deliver the transcript or
    send it by registered or certified mail to the custodian.
      (G) The Commission investigator shall furnish a copy of the
    transcript (upon payment of reasonable charges for the
    transcription) to the witness only, except that the Commission may
    for good cause limit such witness to inspection of the official
    transcript of his testimony.
      (H) Any witness appearing for the taking of oral testimony
    pursuant to a civil investigative demand shall be entitled to the
    same fees and mileage which are paid to witnesses in the district
    courts of the United States.
    (d) Procedures for demand material
      Materials received as a result of a civil investigative demand
    shall be subject to the procedures established in section 57b-2 of
    this title.
    (e) Petition for enforcement
      Whenever any person fails to comply with any civil investigative
    demand duly served upon him under this section, or whenever
    satisfactory copying or reproduction of material requested pursuant
    to the demand cannot be accomplished and such person refuses to
    surrender such material, the Commission, through such officers or
    attorneys as it may designate, may file, in the district court of
    the United States for any judicial district in which such person
    resides, is found, or transacts business, and serve upon such
    person, a petition for an order of such court for the enforcement
    of this section. All process of any court to which application may
    be made as provided in this subsection may be served in any
    judicial district.
    (f) Petition for order modifying or setting aside demand
      (1) Not later than 20 days after the service of any civil
    investigative demand upon any person under subsection (c) of this
    section, or at any time before the return date specified in the
    demand, whichever period is shorter, or within such period
    exceeding 20 days after service or in excess of such return date as
    may be prescribed in writing, subsequent to service, by any
    Commission investigator named in the demand, such person may file
    with the Commission a petition for an order by the Commission
    modifying or setting aside the demand.
      (2) The time permitted for compliance with the demand in whole or
    in part, as deemed proper and ordered by the Commission, shall not
    run during the pendency of such petition at the Commission, except
    that such person shall comply with any portions of the demand not
    sought to be modified or set aside. Such petition shall specify
    each ground upon which the petitioner relies in seeking such
    relief, and may be based upon any failure of the demand to comply
    with the provisions of this section, or upon any constitutional or
    other legal right or privilege of such person.
    (g) Custodial control of documentary material, tangible things,
      reports, etc.
      At any time during which any custodian is in custody or control
    of any documentary material, tangible things, reports, answers to
    questions, or transcripts of oral testimony given by any person in
    compliance with any civil investigative demand, such person may
    file, in the district court of the United States for the judicial
    district within which the office of such custodian is situated, and
    serve upon such custodian, a petition for an order of such court
    requiring the performance by such custodian of any duty imposed
    upon him by this section or section 57b-2 of this title.
    (h) Jurisdiction of court
      Whenever any petition is filed in any district court of the
    United States under this section, such court shall have
    jurisdiction to hear and determine the matter so presented, and to
    enter such order or orders as may be required to carry into effect
    the provisions of this section. Any final order so entered shall be
    subject to appeal pursuant to section 1291 of title 28. Any
    disobedience of any final order entered under this section by any
    court shall be punished as a contempt of such court.
    (i) Commission authority to issue subpoenas or make demand for
      information
      Notwithstanding any other provision of law, the Commission shall
    have no authority to issue a subpoena or make a demand for
    information, under authority of this subchapter or any other
    provision of law, unless such subpoena or demand for information is
    signed by a Commissioner acting pursuant to a Commission
    resolution. The Commission shall not delegate the power conferred
    by this section to sign subpoenas or demands for information to any
    other person.
    (j) Applicability of this section
      The provisions of this section shall not - 
        (1) apply to any proceeding under section 45(b) of this title,
      any proceeding under section 11(b) of the Clayton Act (15 U.S.C.
      21(b)), or any adjudicative proceeding under any other provision
      of law; or
        (2) apply to or affect the jurisdiction, duties, or powers of
      any agency of the Federal Government, other than the Commission,
      regardless of whether such jurisdiction, duties, or powers are
      derived in whole or in part, by reference to this subchapter.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 20, as added Pub. L. 96-252, Sec.
    13, May 28, 1980, 94 Stat. 380; amended Pub. L. 103-312, Sec. 7,
    Aug. 26, 1994, 108 Stat. 1693; Pub. L. 103-438, Sec. 3(e)(2)(B),
    Nov. 2, 1994, 108 Stat. 4598.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clayton Act, referred to in subsec. (a)(8)(B), is act Oct.
    15, 1914, ch. 323, 38 Stat. 730, as amended, which is classified
    generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of this
    title, and sections 52 and 53 of Title 29, Labor. For further
    details and complete classification of this Act to the Code, see
    References in Text note set out under section 12 of this title and
    Tables.
      The International Antitrust Enforcement Assistance Act of 1994,
    referred to in subsec. (a)(8)(C), 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.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 20 of act Sept. 26, 1914, ch. 311, was renumbered
    section 24 and is classified to section 57c of this title.

                                AMENDMENTS                            
      1994 - Subsec. (a)(2). Pub. L. 103-312, Sec. 7(a)(1), inserted
    before period at end "or in any antitrust violations".
      Subsec. (a)(3). Pub. L. 103-312, Sec. 7(a)(2), inserted before
    period at end "or any provisions relating to antitrust violations".
      Subsec. (a)(7). Pub. L. 103-312, Sec. 7(a)(3), inserted before
    period at end "or any antitrust violation".
      Subsec. (a)(8). Pub. L. 103-438 amended par. (8) generally. Prior
    to amendment, par. (8) read as follows: "The term 'antitrust
    violation' means any unfair method of competition (within the
    meaning of section 45(a)(1) of this title), any violation of the
    Clayton Act, any violation of any other Federal statute that
    prohibits, or makes available to the Commission a civil remedy with
    respect to, any restraint upon or monopolization of interstate or
    foreign trade or commerce, or any activity in preparation for a
    merger, acquisition, joint venture, or similar transaction, which
    if consummated, may result in such an unfair method of competition
    or violation."
      Pub. L. 103-312, Sec. 7(a)(4), added par. (8).
      Subsec. (c)(1). Pub. L. 103-312, Sec. 7(b)(1), inserted "or
    tangible things" after "control of any documentary material", "or
    to antitrust violations," after "section 45(a)(1) of this title),",
    and "to submit such tangible things," after "copying or
    reproduction,".
      Subsec. (c)(4) to (14). Pub. L. 103-312, Sec. 7(b)(2), added
    pars. (4) and (12) and redesignated former pars. (4) to (10), (11),
    and (12) as (5) to (11), (13), and (14), respectively.
      Subsec. (g). Pub. L. 103-312, Sec. 7(c), inserted ", tangible
    things" after "documentary material".
      Subsec. (j)(1). Pub. L. 103-312, Sec. 7(d), inserted before
    semicolon at end ", any proceeding under section 11(b) of the
    Clayton Act (15 U.S.C. 21(b)), or any adjudicative proceeding under
    any other provision of law".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-312 applicable only with respect to
    compulsory process issued after Aug. 26, 1994, see section 15(d) of
    Pub. L. 103-312, set out as a note under section 45 of this title.

                              EFFECTIVE DATE                          
      Section effective May 28, 1980, see section 23 of Pub. L. 96-252,
    set out as an Effective Date of 1980 Amendment note under section
    45 of this title.

-End-



-CITE-
    15 USC Sec. 57b-2                                           01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57b-2. Confidentiality

-STATUTE-
    (a) Definitions
      For purposes of this section:
        (1) The term "material" means documentary material, tangible
      things, written reports or answers to questions, and transcripts
      of oral testimony.
        (2) The term "Federal agency" has the meaning given it in
      section 552(e) (!1) of title 5.

    (b) Procedures respecting documents, tangible things, or
      transcripts of oral testimony received pursuant to compulsory
      process or investigation
      (1) With respect to any document, tangible thing, or transcript
    of oral testimony received by the Commission pursuant to compulsory
    process in an investigation, a purpose of which is to determine
    whether any person may have violated any provision of the laws
    administered by the Commission, the procedures established in
    paragraph (2) through paragraph (7) shall apply.
      (2)(A) The Commission shall designate a duly authorized agent to
    serve as custodian of documentary material, tangible things, or
    written reports or answers to questions, and transcripts of oral
    testimony, and such additional duly authorized agents as the
    Commission shall determine from time to time to be necessary to
    serve as deputies to the custodian.
      (B) Any person upon whom any demand for the production of
    documentary material has been duly served shall make such material
    available for inspection and copying or reproduction to the
    custodian designated in such demand at the principal place of
    business of such person (or at such other place as such custodian
    and such person thereafter may agree or prescribe in writing or as
    the court may direct pursuant to section 57b-1(h) of this title) on
    the return date specified in such demand (or on such later date as
    such custodian may prescribe in writing). Such person may upon
    written agreement between such person and the custodian substitute
    copies for originals of all or any part of such material.
      (3)(A) The custodian to whom any documentary material, tangible
    things, written reports or answers to questions, and transcripts of
    oral testimony are delivered shall take physical possession of such
    material, reports or answers, and transcripts, and shall be
    responsible for the use made of such material, reports or answers,
    and transcripts, and for the return of material, pursuant to the
    requirements of this section.
      (B) The custodian may prepare such copies of the documentary
    material, written reports or answers to questions, and transcripts
    of oral testimony, and may make tangible things available, as may
    be required for official use by any duly authorized officer or
    employee of the Commission under regulations which shall be
    promulgated by the Commission. Notwithstanding subparagraph (C),
    such material, things, and transcripts may be used by any such
    officer or employee in connection with the taking of oral testimony
    under this section.
      (C) Except as otherwise provided in this section, while in the
    possession of the custodian, no documentary material, tangible
    things, reports or answers to questions, and transcripts of oral
    testimony shall be available for examination by any individual
    other than a duly authorized officer or employee of the Commission
    without the consent of the person who produced the material,
    things, or transcripts. Nothing in this section is intended to
    prevent disclosure to either House of the Congress or to any
    committee or subcommittee of the Congress, except that the
    Commission immediately shall notify the owner or provider of any
    such information of a request for information designated as
    confidential by the owner or provider.
      (D) While in the possession of the custodian and under such
    reasonable terms and conditions as the Commission shall prescribe -
    
        (i) documentary material, tangible things, or written reports
      shall be available for examination by the person who produced the
      material, or by any duly authorized representative of such
      person; and
        (ii) answers to questions in writing and transcripts of oral
      testimony shall be available for examination by the person who
      produced the testimony or by his attorney.

      (4) Whenever the Commission has instituted a proceeding against a
    person, partnership, or corporation, the custodian may deliver to
    any officer or employee of the Commission documentary material,
    tangible things, written reports or answers to questions, and
    transcripts of oral testimony for official use in connection with
    such proceeding. Upon the completion of the proceeding, the officer
    or employee shall return to the custodian any such material so
    delivered which has not been received into the record of the
    proceeding.
      (5) If any documentary material, tangible things, written reports
    or answers to questions, and transcripts of oral testimony have
    been produced in the course of any investigation by any person
    pursuant to compulsory process and - 
        (A) any proceeding arising out of the investigation has been
      completed; or
        (B) no proceeding in which the material may be used has been
      commenced within a reasonable time after completion of the
      examination and analysis of all such material and other
      information assembled in the course of the investigation;

    then the custodian shall, upon written request of the person who
    produced the material, return to the person any such material which
    has not been received into the record of any such proceeding (other
    than copies of such material made by the custodian pursuant to
    paragraph (3)(B)).
      (6) The custodian of any documentary material, written reports or
    answers to questions, and transcripts of oral testimony may deliver
    to any officers or employees of appropriate Federal law enforcement
    agencies, in response to a written request, copies of such material
    for use in connection with an investigation or proceeding under the
    jurisdiction of any such agency. The custodian of any tangible
    things may make such things available for inspection to such
    persons on the same basis. Such materials shall not be made
    available to any such agency until the custodian received
    certification of any officer of such agency that such information
    will be maintained in confidence and will be used only for official
    law enforcement purposes. Such documentary material, results of
    inspections of tangible things, written reports or answers to
    questions, and transcripts of oral testimony may be used by any
    officer or employee of such agency only in such manner and subject
    to such conditions as apply to the Commission under this section.
    The custodian may make such materials available to any State law
    enforcement agency upon the prior certification of any officer of
    such agency that such information will be maintained in confidence
    and will be used only for official law enforcement purposes. The
    custodian may make such material available to any foreign law
    enforcement agency upon the prior certification of an appropriate
    official of any such foreign law enforcement agency, either by a
    prior agreement or memorandum of understanding with the Commission
    or by other written certification, that such material will be
    maintained in confidence and will be used only for official law
    enforcement purposes, if - 
        (A) the foreign law enforcement agency has set forth a bona
      fide legal basis for its authority to maintain the material in
      confidence;
        (B) the materials are to be used for purposes of investigating,
      or engaging in enforcement proceedings related to, possible
      violations of - 
          (i) foreign laws prohibiting fraudulent or deceptive
        commercial practices, or other practices substantially similar
        to practices prohibited by any law administered by the
        Commission;
          (ii) a law administered by the Commission, if disclosure of
        the material would further a Commission investigation or
        enforcement proceeding; or
          (iii) with the approval of the Attorney General, other
        foreign criminal laws, if such foreign criminal laws are
        offenses defined in or covered by a criminal mutual legal
        assistance treaty in force between the government of the United
        States and the foreign law enforcement agency's government;

        (C) the appropriate Federal banking agency (as defined in
      section 1813(q) of title 12) or, in the case of a Federal credit
      union, the National Credit Union Administration, has given its
      prior approval if the materials to be provided under subparagraph
      (B) are requested by the foreign law enforcement agency for the
      purpose of investigating, or engaging in enforcement proceedings
      based on, possible violations of law by a bank, a savings and
      loan institution described in section 57a(f)(3) of this title, or
      a Federal credit union described in section 57a(f)(4) of this
      title; and
        (D) the foreign law enforcement agency is not from a foreign
      state that the Secretary of State has determined, in accordance
      with section 2405(j) of the Appendix to title 50, has repeatedly
      provided support for acts of international terrorism, unless and
      until such determination is rescinded pursuant to section
      2405(j)(4) of the Appendix to title 50.

    Nothing in the preceding sentence authorizes the disclosure of
    material obtained in connection with the administration of the
    Federal antitrust laws or foreign antitrust laws (as defined in
    paragraphs (5) and (7), respectively, of section 6211 of this
    title) to any officer or employee of a foreign law enforcement
    agency.
      (7) In the event of the death, disability, or separation from
    service in the Commission of the custodian of any documentary
    material, tangible things, written reports or answers to questions,
    and transcripts of oral testimony produced under any demand issued
    under this subchapter, or the official relief of the custodian from
    responsibility for the custody and control of such material, the
    Commission promptly shall - 
        (A) designate under paragraph (2)(A) another duly authorized
      agent to serve as custodian of such material; and
        (B) transmit in writing to the person who produced the material
      or testimony notice as to the identity and address of the
      successor so designated.

    Any successor designated under paragraph (2)(A) as a result of the
    requirements of this paragraph shall have (with regard to the
    material involved) all duties and responsibilities imposed by this
    section upon his predecessor in office with regard to such
    material, except that he shall not be held responsible for any
    default or dereliction which occurred before his designation.
    (c) Information considered confidential
      (1) All information reported to or otherwise obtained by the
    Commission which is not subject to the requirements of subsection
    (b) of this section shall be considered confidential when so marked
    by the person supplying the information and shall not be disclosed,
    except in accordance with the procedures established in paragraph
    (2) and paragraph (3).
      (2) If the Commission determines that a document marked
    confidential by the person supplying it may be disclosed because it
    is not a trade secret or commercial or financial information which
    is obtained from any person and which is privileged or
    confidential, within the meaning of section 46(f) of this title,
    then the Commission shall notify such person in writing that the
    Commission intends to disclose the document at a date not less than
    10 days after the date of receipt of notification.
      (3) Any person receiving such notification may, if he believes
    disclosure of the document would cause disclosure of a trade
    secret, or commercial or financial information which is obtained
    from any person and which is privileged or confidential, within the
    meaning of section 46(f) of this title, before the date set for
    release of the document, bring an action in the district court of
    the United States for the district within which the documents are
    located or in the United States District Court for the District of
    Columbia to restrain disclosure of the document. Any person
    receiving such notification may file with the appropriate district
    court or court of appeals of the United States, as appropriate, an
    application for a stay of disclosure. The documents shall not be
    disclosed until the court has ruled on the application for a stay.
    (d) Particular disclosures allowed
      (1) The provisions of subsection (c) of this section shall not be
    construed to prohibit - 
        (A) the disclosure of information to either House of the
      Congress or to any committee or subcommittee of the Congress,
      except that the Commission immediately shall notify the owner or
      provider of any such information of a request for information
      designated as confidential by the owner or provider;
        (B) the disclosure of the results of any investigation or study
      carried out or prepared by the Commission, except that no
      information shall be identified nor shall information be
      disclosed in such a manner as to disclose a trade secret of any
      person supplying the trade secret, or to disclose any commercial
      or financial information which is obtained from any person and
      which is privileged or confidential;
        (C) the disclosure of relevant and material information in
      Commission adjudicative proceedings or in judicial proceedings to
      which the Commission is a party; or
        (D) the disclosure to a Federal agency of disaggregated
      information obtained in accordance with section 3512 (!1) of
      title 44, except that the recipient agency shall use such
      disaggregated information for economic, statistical, or
      policymaking purposes only, and shall not disclose such
      information in an individually identifiable form.

      (2) Any disclosure of relevant and material information in
    Commission adjudicative proceedings or in judicial proceedings to
    which the Commission is a party shall be governed by the rules of
    the Commission for adjudicative proceedings or by court rules or
    orders, except that the rules of the Commission shall not be
    amended in a manner inconsistent with the purposes of this section.
    (e) Effect on other statutory provisions limiting disclosure
      Nothing in this section shall supersede any statutory provision
    which expressly prohibits or limits particular disclosures by the
    Commission, or which authorizes disclosures to any other Federal
    agency.
    (f) Exemption from public disclosure
      (1) In general
        Any material which is received by the Commission in any
      investigation, a purpose of which is to determine whether any
      person may have violated any provision of the laws administered
      by the Commission, and which is provided pursuant to any
      compulsory process under this subchapter or which is provided
      voluntarily in place of such compulsory process shall not be
      required to be disclosed under section 552 of title 5 or any
      other provision of law, except as provided in paragraph (2)(B) of
      this section.
      (2) Material obtained from a foreign source
        (A) In general
          Except as provided in subparagraph (B) of this paragraph, the
        Commission shall not be required to disclose under section 552
        of title 5 or any other provision of law - 
            (i) any material obtained from a foreign law enforcement
          agency or other foreign government agency, if the foreign law
          enforcement agency or other foreign government agency has
          requested confidential treatment, or has precluded such
          disclosure under other use limitations, as a condition of
          providing the material;
            (ii) any material reflecting a consumer complaint obtained
          from any other foreign source, if that foreign source
          supplying the material has requested confidential treatment
          as a condition of providing the material; or
            (iii) any material reflecting a consumer complaint
          submitted to a Commission reporting mechanism sponsored in
          part by foreign law enforcement agencies or other foreign
          government agencies.
        (B) Savings provision
          Nothing in this subsection shall authorize the Commission to
        withhold information from the Congress or prevent the
        Commission from complying with an order of a court of the
        United States in an action commenced by the United States or
        the Commission.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 21, as added Pub. L. 96-252, Sec.
    14, May 28, 1980, 94 Stat. 385; amended Pub. L. 103-312, Sec. 8,
    Aug. 26, 1994, 108 Stat. 1694; Pub. L. 109-455, Sec. 6, Dec. 22,
    2006, 120 Stat. 3376.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by section 13 of Pub. L. 109-455,
    see Termination Date of 2006 Amendment note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 552(e) of title 5, referred to in subsec. (a)(2), was
    redesignated section 552(f) of Title 5, Government Organization and
    Employees, by section 1802(b) of Pub. L. 99-570.
      Section 3512 of title 44, referred to in subsec. (d)(1)(D), which
    related to requirements for the collection of information by
    independent Federal regulatory agencies, was a part of chapter 35
    of Title 44, Public Printing and Documents. Chapter 35 was amended
    generally by the Paperwork Reduction Act of 1980 (Pub. L. 96-511)
    and subsequently by the Paperwork Reduction Act of 1995 (Pub. L.
    104-13).


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 21 of act Sept. 26, 1914, ch. 311, was renumbered
    section 28 and is classified to section 58 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (b)(6). Pub. L. 109-455, Secs. 6(a), 13,
    temporarily inserted "The custodian may make such material
    available to any foreign law enforcement agency upon the prior
    certification of an appropriate official of any such foreign law
    enforcement agency, either by a prior agreement or memorandum of
    understanding with the Commission or by other written
    certification, that such material will be maintained in confidence
    and will be used only for official law enforcement purposes, if -
    ", added subpars. (A) to (D), and inserted concluding provisions.
    See Termination Date of 2006 Amendment note below.
      Subsec. (f). Pub. L. 109-455, Secs. 6(b), 13, temporarily
    inserted heading and amended text of subsec. (f) generally. Prior
    to amendment, text read as follows: "Any material which is received
    by the Commission in any investigation, a purpose of which is to
    determine whether any person may have violated any provision of the
    laws administered by the Commission, and which is provided pursuant
    to any compulsory process under this subchapter or which is
    provided voluntarily in place of such compulsory process shall be
    exempt from disclosure under section 552 of title 5." See
    Termination Date of 2006 Amendment note below.
      1994 - Subsec. (a)(1). Pub. L. 103-312, Sec. 8(1), inserted
    "tangible things," after "documentary material,".
      Subsec. (b)(1). Pub. L. 103-312, Sec. 8(2), inserted ", tangible
    thing," after "document".
      Subsec. (b)(2)(A). Pub. L. 103-312, Sec. 8(3), inserted "tangible
    things," after "documentary material,".
      Subsec. (b)(3). Pub. L. 103-312, Sec. 8(4), in subpar. (A),
    inserted "tangible things," after "documentary material,", in
    subpar. (B), inserted ", and may make tangible things available,"
    after "transcripts of oral testimony" and ", things," after "such
    material", in subpar. (C), inserted "tangible things," after
    "documentary material," and ", things," after "material", and in
    subpar. (D)(i), inserted ", tangible things," after "documentary
    material".
      Subsec. (b)(4), (5). Pub. L. 103-312, Sec. 8(5), (6), inserted
    "tangible things," after "documentary material,".
      Subsec. (b)(6). Pub. L. 103-312, Sec. 8(7), inserted "The
    custodian of any tangible things may make such things available for
    inspection to such persons on the same basis." after first
    sentence, and "results of inspections of tangible things," after
    "Such documentary material,".
      Subsec. (b)(7). Pub. L. 103-312, Sec. 8(8), inserted "tangible
    things," after "documentary material,".

                    TERMINATION DATE OF 2006 AMENDMENT                
      Amendment by Pub. L. 109-455 to cease to have effect 7 years
    after Dec. 22, 2006, see section 13 of Pub. L. 109-455, set out as
    a note under section 44 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-312 applicable only with respect to
    compulsory process issued after Aug. 26, 1994, see section 15(d) of
    Pub. L. 103-312, set out as a note under section 45 of this title.

                              EFFECTIVE DATE                          
      Section effective May 28, 1980, see section 23 of Pub. L. 96-252,
    set out as an Effective Date of 1980 Amendment note under section
    45 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    15 USC Sec. 57b-2a                                          01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57b-2a. Confidentiality and delayed notice of compulsory
      process for certain third parties

-STATUTE-
    (a) Application with other laws
      The Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) and
    chapter 121 of title 18 shall apply with respect to the Commission,
    except as otherwise provided in this section.
    (b) Procedures for delay of notification or prohibition of
      disclosure
      The procedures for delay of notification or prohibition of
    disclosure under the Right to Financial Privacy Act (12 U.S.C. 3401
    et seq.) and chapter 121 of title 18, including procedures for
    extensions of such delays or prohibitions, shall be available to
    the Commission, provided that, notwithstanding any provision
    therein - 
        (1) a court may issue an order delaying notification or
      prohibiting disclosure (including extending such an order) in
      accordance with the procedures of section 1109 of the Right to
      Financial Privacy Act (12 U.S.C. 3409) (if notification would
      otherwise be required under that Act), or section 2705 of title
      18 (if notification would otherwise be required under chapter 121
      of that title), if the presiding judge or magistrate judge finds
      that there is reason to believe that such notification or
      disclosure may cause an adverse result as defined in subsection
      (g) of this section; and
        (2) if notification would otherwise be required under chapter
      121 of title 18, the Commission may delay notification (including
      extending such a delay) upon the execution of a written
      certification in accordance with the procedures of section 2705
      of that title if the Commission finds that there is reason to
      believe that notification may cause an adverse result as defined
      in subsection (g) of this section.
    (c) Ex parte application by Commission
      (1) In general
        If neither notification nor delayed notification by the
      Commission is required under the Right to Financial Privacy Act
      (12 U.S.C. 3401 et seq.) or chapter 121 of title 18, the
      Commission may apply ex parte to a presiding judge or magistrate
      judge for an order prohibiting the recipient of compulsory
      process issued by the Commission from disclosing to any other
      person the existence of the process, notwithstanding any law or
      regulation of the United States, or under the constitution, or
      any law or regulation, of any State, political subdivision of a
      State, territory of the United States, or the District of
      Columbia. The presiding judge or magistrate judge may enter such
      an order granting the requested prohibition of disclosure for a
      period not to exceed 60 days if there is reason to believe that
      disclosure may cause an adverse result as defined in subsection
      (g). The presiding judge or magistrate judge may grant extensions
      of this order of up to 30 days each in accordance with this
      subsection, except that in no event shall the prohibition
      continue in force for more than a total of 9 months.
      (2) Application
        This subsection shall apply only in connection with compulsory
      process issued by the Commission where the recipient of such
      process is not a subject of the investigation or proceeding at
      the time such process is issued.
      (3) Limitation
        No order issued under this subsection shall prohibit any
      recipient from disclosing to a Federal agency that the recipient
      has received compulsory process from the Commission.
    (d) No liability for failure to notify
      If neither notification nor delayed notification by the
    Commission is required under the Right to Financial Privacy Act (12
    U.S.C. 3401 et seq.) or chapter 121 of title 18, the recipient of
    compulsory process issued by the Commission under this subchapter
    shall not be liable under any law or regulation of the United
    States, or under the constitution, or any law or regulation, of any
    State, political subdivision of a State, territory of the United
    States, or the District of Columbia, or under any contract or other
    legally enforceable agreement, for failure to provide notice to any
    person that such process has been issued or that the recipient has
    provided information in response to such process. The preceding
    sentence does not exempt any recipient from liability for - 
        (1) the underlying conduct reported;
        (2) a failure to comply with the record retention requirements
      under section 1104(c) of the Right to Financial Privacy Act (12
      U.S.C. 3404[c]), where applicable; or
        (3) any failure to comply with any obligation the recipient may
      have to disclose to a Federal agency that the recipient has
      received compulsory process from the Commission or intends to
      provide or has provided information to the Commission in response
      to such process.
    (e) Venue and procedure
      (1) In general
        All judicial proceedings initiated by the Commission under the
      Right to Financial Privacy Act (12 U.S.C. 3401 et seq.), chapter
      121 of title 18, or this section may be brought in the United
      States District Court for the District of Columbia or any other
      appropriate United States District Court. All ex parte
      applications by the Commission under this section related to a
      single investigation may be brought in a single proceeding.
      (2) In camera proceedings
        Upon application by the Commission, all judicial proceedings
      pursuant to this section shall be held in camera and the records
      thereof sealed until expiration of the period of delay or such
      other date as the presiding judge or magistrate judge may permit.
    (f) Section not to apply to antitrust investigations or proceedings
      This section shall not apply to an investigation or proceeding
    related to the administration of Federal antitrust laws or foreign
    antitrust laws (as defined in paragraphs (5) and (7), respectively,
    of section 6211 of this title).
    (g) Adverse result defined
      For purposes of this section the term "adverse result" means - 
        (1) endangering the life or physical safety of an individual;
        (2) flight from prosecution;
        (3) the destruction of, or tampering with, evidence;
        (4) the intimidation of potential witnesses; or
        (5) otherwise seriously jeopardizing an investigation or
      proceeding related to fraudulent or deceptive commercial
      practices or persons involved in such practices, or unduly
      delaying a trial related to such practices or persons involved in
      such practices, including, but not limited to, by - 
          (A) the transfer outside the territorial limits of the United
        States of assets or records related to fraudulent or deceptive
        commercial practices or related to persons involved in such
        practices;
          (B) impeding the ability of the Commission to identify
        persons involved in fraudulent or deceptive commercial
        practices, or to trace the source or disposition of funds
        related to such practices; or
          (C) the dissipation, fraudulent transfer, or concealment of
        assets subject to recovery by the Commission.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 21A, as added Pub. L. 109-455, Sec.
    7(a), Dec. 22, 2006, 120 Stat. 3377.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 13 of Pub. L. 109-455, see
    Termination Date note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Right to Financial Privacy Act, referred to in subsecs. (a)
    to (e), probably means the Right to Financial Privacy Act of 1978,
    Pub. L. 95-630, title XI, Nov. 10, 1978, 92 Stat. 3697, as amended,
    which is classified generally to chapter 35 (Sec. 3401 et seq.) of
    Title 12, Banks and Banking. For complete classification of this
    Act to the Code, see Short Title note set out under section 3401 of
    Title 12 and Tables.


-MISC1-
                             TERMINATION DATE                         
      Section to cease to have effect 7 years after Dec. 22, 2006, see
    section 13 of Pub. L. 109-455, set out as a Termination Date of
    2006 Amendment note under section 44 of this title.

-End-



-CITE-
    15 USC Sec. 57b-2b                                          01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57b-2b. Protection for voluntary provision of information

-STATUTE-
    (a) In general
      (1) No liability for providing certain material
        An entity described in paragraphs (2) or (3) of subsection (d)
      that voluntarily provides material to the Commission that such
      entity reasonably believes is relevant to - 
          (A) a possible unfair or deceptive act or practice, as
        defined in section 45(a) of this title; or
          (B) assets subject to recovery by the Commission, including
        assets located in foreign jurisdictions;

      shall not be liable to any person under any law or regulation of
      the United States, or under the constitution, or any law or
      regulation, of any State, political subdivision of a State,
      territory of the United States, or the District of Columbia, for
      such provision of material or for any failure to provide notice
      of such provision of material or of intention to so provide
      material.
      (2) Limitations
        Nothing in this subsection shall be construed to exempt any
      such entity from liability - 
          (A) for the underlying conduct reported; or
          (B) to any Federal agency for providing such material or for
        any failure to comply with any obligation the entity may have
        to notify a Federal agency prior to providing such material to
        the Commission.
    (b) Certain financial institutions
      An entity described in paragraph (1) of subsection (d) shall, in
    accordance with section 5318(g)(3) of title 31, be exempt from
    liability for making a voluntary disclosure to the Commission of
    any possible violation of law or regulation, including - 
        (1) a disclosure regarding assets, including assets located in
      foreign jurisdictions - 
          (A) related to possibly fraudulent or deceptive commercial
        practices;
          (B) related to persons involved in such practices; or
          (C) otherwise subject to recovery by the Commission; or

        (2) a disclosure regarding suspicious chargeback rates related
      to possibly fraudulent or deceptive commercial practices.
    (c) Consumer complaints
      Any entity described in subsection (d) that voluntarily provides
    consumer complaints sent to it, or information contained therein,
    to the Commission shall not be liable to any person under any law
    or regulation of the United States, or under the constitution, or
    any law or regulation, of any State, political subdivision of a
    State, territory of the United States, or the District of Columbia,
    for such provision of material or for any failure to provide notice
    of such provision of material or of intention to so provide
    material. This subsection shall not provide any exemption from
    liability for the underlying conduct.
    (d) Application
      This section applies to the following entities, whether foreign
    or domestic:
        (1) A financial institution as defined in section 5312 of title
      31.
        (2) To the extent not included in paragraph (1), a bank or
      thrift institution, a commercial bank or trust company, an
      investment company, a credit card issuer, an operator of a credit
      card system, and an issuer, redeemer, or cashier of travelers'
      checks, money orders, or similar instruments.
        (3) A courier service, a commercial mail receiving agency, an
      industry membership organization, a payment system provider, a
      consumer reporting agency, a domain name registrar or registry
      acting as such, and a provider of alternative dispute resolution
      services.
        (4) An Internet service provider or provider of telephone
      services.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 21B, as added Pub. L. 109-455, Sec.
    8, Dec. 22, 2006, 120 Stat. 3380.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 13 of Pub. L. 109-455, see
    Termination Date note below.


-MISC1-
                             TERMINATION DATE                         
      Section to cease to have effect 7 years after Dec. 22, 2006, see
    section 13 of Pub. L. 109-455, set out as a Termination Date of
    2006 Amendment note under section 44 of this title.

-End-



-CITE-
    15 USC Sec. 57b-3                                           01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57b-3. Rulemaking process

-STATUTE-
    (a) Definitions
      For purposes of this section:
        (1) The term "rule" means any rule promulgated by the
      Commission under section 46 or section 57a of this title, except
      that such term does not include interpretive rules, rules
      involving Commission management or personnel, general statements
      of policy, or rules relating to Commission organization,
      procedure, or practice. Such term does not include any amendment
      to a rule unless the Commission - 
          (A) estimates that such amendment will have an annual effect
        on the national economy of $100,000,000 or more;
          (B) estimates that such amendment will cause a substantial
        change in the cost or price of goods or services which are used
        extensively by particular industries, which are supplied
        extensively in particular geographic regions, or which are
        acquired in significant quantities by the Federal Government,
        or by State or local governments; or
          (C) otherwise determines that such amendment will have a
        significant impact upon persons subject to regulation under
        such amendment and upon consumers.

        (2) The term "rulemaking" means any Commission process for
      formulating or amending a rule.
    (b) Notice of proposed rulemaking; regulatory analysis; contents;
      issuance
      (1) In any case in which the Commission publishes notice of a
    proposed rulemaking, the Commission shall issue a preliminary
    regulatory analysis relating to the proposed rule involved. Each
    preliminary regulatory analysis shall contain - 
        (A) a concise statement of the need for, and the objectives of,
      the proposed rule;
        (B) a description of any reasonable alternatives to the
      proposed rule which may accomplish the stated objective of the
      rule in a manner consistent with applicable law; and
        (C) for the proposed rule, and for each of the alternatives
      described in the analysis, a preliminary analysis of the
      projected benefits and any adverse economic effects and any other
      effects, and of the effectiveness of the proposed rule and each
      alternative in meeting the stated objectives of the proposed
      rule.

      (2) In any case in which the Commission promulgates a final rule,
    the Commission shall issue a final regulatory analysis relating to
    the final rule. Each final regulatory analysis shall contain - 
        (A) a concise statement of the need for, and the objectives of,
      the final rule;
        (B) a description of any alternatives to the final rule which
      were considered by the Commission;
        (C) an analysis of the projected benefits and any adverse
      economic effects and any other effects of the final rule;
        (D) an explanation of the reasons for the determination of the
      Commission that the final rule will attain its objectives in a
      manner consistent with applicable law and the reasons the
      particular alternative was chosen; and
        (E) a summary of any significant issues raised by the comments
      submitted during the public comment period in response to the
      preliminary regulatory analysis, and a summary of the assessment
      by the Commission of such issues.

      (3)(A) In order to avoid duplication or waste, the Commission is
    authorized to - 
        (i) consider a series of closely related rules as one rule for
      purposes of this subsection; and
        (ii) whenever appropriate, incorporate any data or analysis
      contained in a regulatory analysis issued under this subsection
      in the statement of basis and purpose to accompany any rule
      promulgated under section 57a(a)(1)(B) of this title, and
      incorporate by reference in any preliminary or final regulatory
      analysis information contained in a notice of proposed rulemaking
      or a statement of basis and purpose.

      (B) The Commission shall include, in each notice of proposed
    rulemaking and in each publication of a final rule, a statement of
    the manner in which the public may obtain copies of the preliminary
    and final regulatory analyses. The Commission may charge a
    reasonable fee for the copying and mailing of regulatory analyses.
    The regulatory analyses shall be furnished without charge or at a
    reduced charge if the Commission determines that waiver or
    reduction of the fee is in the public interest because furnishing
    the information primarily benefits the general public.
      (4) The Commission is authorized to delay the completion of any
    of the requirements established in this subsection by publishing in
    the Federal Register, not later than the date of publication of the
    final rule involved, a finding that the final rule is being
    promulgated in response to an emergency which makes timely
    compliance with the provisions of this subsection impracticable.
    Such publication shall include a statement of the reasons for such
    finding.
      (5) The requirements of this subsection shall not be construed to
    alter in any manner the substantive standards applicable to any
    action by the Commission, or the procedural standards otherwise
    applicable to such action.
    (c) Judicial review
      (1) The contents and adequacy of any regulatory analysis prepared
    or issued by the Commission under this section, including the
    adequacy of any procedure involved in such preparation or issuance,
    shall not be subject to any judicial review in any court, except
    that a court, upon review of a rule pursuant to section 57a(e) of
    this title, may set aside such rule if the Commission has failed
    entirely to prepare a regulatory analysis.
      (2) Except as specified in paragraph (1), no Commission action
    may be invalidated, remanded, or otherwise affected by any court on
    account of any failure to comply with the requirements of this
    section.
      (3) The provisions of this subsection do not alter the
    substantive or procedural standards otherwise applicable to
    judicial review of any action by the Commission.
    (d) Regulatory agenda; contents; publication dates in Federal
      Register
      (1) The Commission shall publish at least semiannually a
    regulatory agenda. Each regulatory agenda shall contain a list of
    rules which the Commission intends to propose or promulgate during
    the 12-month period following the publication of the agenda. On the
    first Monday in October of each year, the Commission shall publish
    in the Federal Register a schedule showing the dates during the
    current fiscal year on which the semiannual regulatory agenda of
    the Commission will be published.
      (2) For each rule listed in a regulatory agenda, the Commission
    shall - 
        (A) describe the rule;
        (B) state the objectives of and the legal basis for the rule;
      and
        (C) specify any dates established or anticipated by the
      Commission for taking action, including dates for advance notice
      of proposed rulemaking, notices of proposed rulemaking, and final
      action by the Commission.

      (3) Each regulatory agenda shall state the name, office address,
    and office telephone number of the Commission officer or employee
    responsible for responding to any inquiry relating to each rule
    listed.
      (4) The Commission shall not propose or promulgate a rule which
    was not listed on a regulatory agenda unless the Commission
    publishes with the rule an explanation of the reasons the rule was
    omitted from such agenda.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 22, as added Pub. L. 96-252, Sec.
    15, May 28, 1980, 94 Stat. 388.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective May 28, 1980, see section 23 of Pub. L. 96-252,
    set out as an Effective Date of 1980 Amendment note under section
    45 of this title.

-End-



-CITE-
    15 USC Sec. 57b-4                                           01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57b-4. Good faith reliance on actions of Board of Governors

-STATUTE-
    (a) "Board of Governors" defined
      For purposes of this section, the term "Board of Governors' means
    the Board of Governors" of the Federal Reserve System.
    (b) Use as defense
      Notwithstanding any other provision of law, if - 
        (1) any person, partnership, or corporation engages in any
      conduct or practice which allegedly constitutes a violation of
      any Federal law with respect to which the Board of Governors of
      the Federal Reserve System has rulemaking authority; and
        (2) such person, partnership, or corporation engaged in such
      conduct or practice in good faith reliance upon, and in
      conformity with, any rule, regulation, statement of
      interpretation, or statement of approval prescribed or issued by
      the Board of Governors under such Federal law;

    then such good faith reliance shall constitute a defense in any
    administrative or judicial proceeding commenced against such
    person, partnership, or corporation by the Commission under this
    subchapter or in any administrative or judicial proceeding
    commenced against such person, partnership, or corporation by the
    Attorney General of the United States, upon request made by the
    Commission, under any provision of law.
    (c) Applicability of subsection (b)
      The provisions of subsection (b) of this section shall apply
    regardless of whether any rule, regulation, statement of
    interpretation, or statement of approval prescribed or issued by
    the Board of Governors is amended, rescinded, or held to be invalid
    by judicial authority or any other authority after a person,
    partnership, or corporation has engaged in any conduct or practice
    in good faith reliance upon, and in conformity with, such rule,
    regulation, statement of interpretation, or statement of approval.
    (d) Request for issuance of statement or interpretation concerning
      conduct or practice
      If, in any case in which - 
        (1) the Board of Governors has rulemaking authority with
      respect to any Federal law; and
        (2) the Commission is authorized to enforce the requirements of
      such Federal law;

    any person, partnership, or corporation submits a request to the
    Board of Governors for the issuance of any statement of
    interpretation or statement of approval relating to any conduct or
    practice of such person, partnership, or corporation which may be
    subject to the requirements of such Federal law, then the Board of
    Governors shall dispose of such request as soon as practicable
    after the receipt of such.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 23, as added Pub. L. 96-252, Sec.
    16, May 28, 1980, 94 Stat. 390.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective May 28, 1980, see section 23 of Pub. L. 96-252,
    set out as an Effective Date of 1980 Amendment note under section
    45 of this title.

-End-



-CITE-
    15 USC Sec. 57b-5                                           01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57b-5. Agricultural cooperatives

-STATUTE-
      (a) The Commission shall not have any authority to conduct any
    study, investigation, or prosecution of any agricultural
    cooperative for any conduct which, because of the provisions of
    sections 291 and 292 of title 7, is not a violation of any of the
    antitrust Acts or this subchapter.
      (b) The Commission shall not have any authority to conduct any
    study or investigation of any agricultural marketing orders.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 24, as added Pub. L. 103-312, Sec.
    2, Aug. 26, 1994, 108 Stat. 1691.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The antitrust Acts, referred to in subsec. (a), are defined in
    section 44 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 24 of act Sept. 26, 1914, was renumbered section
    25 and is classified to section 57c of this title.

-End-



-CITE-
    15 USC Sec. 57c                                             01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57c. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to carry out the
    functions, powers, and duties of the Commission not to exceed
    $92,700,000 for fiscal year 1994; not to exceed $99,000,000 for
    fiscal year 1995; not to exceed $102,000,000 for fiscal year 1996;
    not to exceed $107,000,000 for fiscal year 1997; and not to exceed
    $111,000,000 for fiscal year 1998.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 25, formerly Sec. 20, as added Pub.
    L. 93-367, title II, Sec. 207, Jan. 4, 1975, 88 Stat. 2203; amended
    Pub. L. 94-299, Sec. 1, May 29, 1976, 90 Stat. 588; renumbered Sec.
    24 and amended Pub. L. 96-252, Secs. 13, 17, May 28, 1980, 94 Stat.
    380, 391; renumbered Sec. 25 and amended Pub. L. 103-312, Secs. 2,
    14, Aug. 26, 1994, 108 Stat. 1691, 1697; Pub. L. 104-216, Sec. 2,
    Oct. 1, 1996, 110 Stat. 3019.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 25 of act Sept. 26, 1914, was renumbered section
    28 and is classified to section 58 of this title.

                                AMENDMENTS                            
      1996 - Pub. L. 104-216 struck out "and" before "not to exceed
    $102,000,000" and inserted before period at end "; not to exceed
    $107,000,000 for fiscal year 1997; and not to exceed $111,000,000
    for fiscal year 1998".
      1994 - Pub. L. 103-312, Sec. 14, amended section generally. Prior
    to amendment, section read as follows: "There are authorized to be
    appropriated to carry out the functions, powers, and duties of the
    Federal Trade Commission not to exceed $42,000,000 for the fiscal
    year ending June 30, 1975; not to exceed $47,091,000 for the fiscal
    year ending June 30, 1976; not to exceed $50,000,000 for the fiscal
    year ending in 1977; not to exceed $70,000,000 for the fiscal year
    ending September 30, 1980; not to exceed $75,000,000 for the fiscal
    year ending September 30, 1981; and not to exceed $80,000,000 for
    the fiscal year ending September 30, 1982."
      1980 - Pub. L. 96-252, Sec. 17, substituted "1977; not to exceed
    $70,000,000 for the fiscal year ending September 30, 1980; not to
    exceed $75,000,000 for the fiscal year ending September 30, 1981;
    and not to exceed $80,000,000 for the fiscal year ending September
    30, 1982" for "1977. For fiscal years ending after 1977, there may
    be appropriated to carry out such functions, powers, and duties,
    only such sums as the Congress may hereafter authorize by law".
      1976 - Pub. L. 94-299 substituted "$47,091,000" for
    "$46,000,000".

                     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.

             INTERVENTION BY COMMISSION IN CERTAIN PROCEEDINGS         
      Section 11 of Pub. L. 103-312 provided that:
      "(a) Limitation on Use of Authorized Funds. - The Federal Trade
    Commission shall not have any authority to use any funds which are
    authorized to be appropriated to carry out the Federal Trade
    Commission Act (15 U.S.C. 41 et seq.) for fiscal years 1994, 1995,
    and 1996 for the purpose of submitting statements to, appearing
    before, or intervening in the proceedings of, any Federal or State
    agency or State legislative body concerning proposed rules or
    legislation that the agency or legislative body is considering
    unless the Commission advises the Committee on Commerce, Science,
    and Transportation of the Senate and the Committee on Energy and
    Commerce of the House of Representatives regarding such action as
    soon as possible.
      "(b) Contents of Notice to Congress. - The notice required in
    subsection (a) shall include the name of the agency or legislator
    involved, the date of such action, and a concise statement
    regarding the nature and purpose of such action."

     RESTRICTION ON USE OF FUNDS TO CANCEL REGISTRATION OF TRADEMARKS 
      Section 18 of Pub. L. 96-252 prohibited the Federal Trade
    Commission from using any funds authorized to be appropriated to
    carry out this subchapter for fiscal year 1980, 1981, or 1982 (or
    1983 as extended by Pub. L. 97-377, title I Sec. 101(d), Dec. 21,
    1982, 96 Stat. 1870), under this section, for the purpose of taking
    any action under 15 U.S.C. 1064 with respect to the cancellation of
    the registration of any mark on the ground that such mark has
    become the common descriptive name of an article or substance.

      RESTRICTION ON USE OF FUNDS RESPECTING STUDY, INVESTIGATION, OR
          PROSECUTION OF ANY AGRICULTURAL COOPERATIVE OR STUDY OR
            INVESTIGATION OF ANY AGRICULTURAL MARKETING ORDERS
      Section 20 of Pub. L. 96-252 prohibited the Federal Trade
    Commission from using any funds authorized to be appropriated to
    carry out this subchapter for fiscal year 1980, 1981, or 1982 (or
    1983 as extended by Pub. L. 97-377, title I Sec. 101(d), Dec. 21,
    1982, 96 Stat. 1870), under this section, for the purpose of
    conducting any study, investigation, or prosecution of any
    agricultural cooperative for any conduct which, because of the
    provisions of the Capper-Volstead Act (7 U.S.C. 291 et seq.), was
    not a violation of any Federal antitrust Act or this subchapter or
    for the purpose of conducting any study or investigation of any
    agricultural marketing orders.

-End-



-CITE-
    15 USC Sec. 57c-1                                           01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57c-1. Staff exchanges

-STATUTE-
    (a) In general
      The Commission may - 
        (1) retain or employ officers or employees of foreign
      government agencies on a temporary basis as employees of the
      Commission pursuant to section 42 of this title or section 3101
      or section 3109 of title 5; and
        (2) detail officers or employees of the Commission to work on a
      temporary basis for appropriate foreign government agencies.
    (b) Reciprocity and reimbursement
      The staff arrangements described in subsection (a) need not be
    reciprocal. The Commission may accept payment or reimbursement, in
    cash or in kind, from a foreign government agency to which this
    section is applicable, or payment or reimbursement made on behalf
    of such agency, for expenses incurred by the Commission, its
    members, and employees in carrying out such arrangements.
    (c) Standards of conduct
      A person appointed under subsection (a)(1) shall be subject to
    the provisions of law relating to ethics, conflicts of interest,
    corruption, and any other criminal or civil statute or regulation
    governing the standards of conduct for Federal employees that are
    applicable to the type of appointment.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 25A, as added Pub. L. 109-455, Sec.
    9, Dec. 22, 2006, 120 Stat. 3381.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 13 of Pub. L. 109-455, see
    Termination Date note below.


-MISC1-
                             TERMINATION DATE                         
      Section to cease to have effect 7 years after Dec. 22, 2006, see
    section 13 of Pub. L. 109-455, set out as a Termination Date of
    2006 Amendment note under section 44 of this title.

-End-



-CITE-
    15 USC Sec. 57c-2                                           01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 57c-2. Reimbursement of expenses

-STATUTE-
      The Commission may accept payment or reimbursement, in cash or in
    kind, from a domestic or foreign law enforcement agency, or payment
    or reimbursement made on behalf of such agency, for expenses
    incurred by the Commission, its members, or employees in carrying
    out any activity pursuant to a statute administered by the
    Commission without regard to any other provision of law. Any such
    payments or reimbursements shall be considered a reimbursement to
    the appropriated funds of the Commission.

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 26, as added Pub. L. 109-455, Sec.
    11(2), Dec. 22, 2006, 120 Stat. 3381.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 13 of Pub. L. 109-455, see
    Termination Date note below.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 26 of act Sept. 26, 1914, was renumbered section
    28 and is classified to section 58 of this title.

                             TERMINATION DATE                         
      Section to cease to have effect 7 years after Dec. 22, 2006, see
    section 13 of Pub. L. 109-455, set out as a Termination Date of
    2006 Amendment note under section 44 of this title.

-End-



-CITE-
    15 USC Sec. 58                                              01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 58. Short title

-STATUTE-
      This subchapter may be cited as the "Federal Trade Commission
    Act".

-SOURCE-
    (Sept. 26, 1914, ch. 311, Sec. 28, formerly Sec. 18, as added Mar.
    21, 1938, ch. 49, Sec. 4, 52 Stat. 114; renumbered Sec. 21, Pub. L.
    93-637, title II, Sec. 202(a), Jan. 4, 1975, 88 Stat. 2193;
    renumbered Sec. 25, Pub. L. 96-252, Sec. 13, May 28, 1980, 94 Stat.
    380; renumbered Sec. 26, Pub. L. 103-312, Sec. 2, Aug. 26, 1994,
    108 Stat. 1691; renumbered Sec. 28, Pub. L. 109-455, Sec. 11(1),
    Dec. 22, 2006, 120 Stat. 3381.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment renumbering this section by section
    13 of Pub. L. 109-455, see Termination Date of 2006 Amendment note
    below.


-MISC1-
                    TERMINATION DATE OF 2006 AMENDMENT                
      Amendment by Pub. L. 109-455 to cease to have effect 7 years
    after Dec. 22, 2006, see section 13 of Pub. L. 109-455, set out as
    a note under section 44 of this title.

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-455, Sec. 1, Dec. 22, 2006, 120 Stat. 3372, provided
    that: "This Act [enacting sections 57b-2a, 57b-2b, 57c-1, and 57c-2
    of this title, amending this section, sections 44, 45, 46, 56, and
    57b-2 of this title, and section 3412 of Title 12, Banks and
    Banking, and enacting provisions set out as notes under section 44
    of this title] may be cited as the 'Undertaking Spam, Spyware, And
    Fraud Enforcement With Enforcers beyond Borders Act of 2006' or the
    'U.S. SAFE WEB Act of 2006'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-216, Sec. 1, Oct. 1, 1996, 110 Stat. 3019, provided
    that: "This Act [amending section 57c of this title] may be cited
    as the 'Federal Trade Commission Reauthorization Act of 1996'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      Section 1(a) of Pub. L. 103-312 provided that: "This Act
    [enacting section 57b-5 of this title, amending this section and
    sections 45, 53, 57a, 57b-1, 57b-2, and 57c of this title, and
    enacting provisions set out as notes under sections 45 and 57c of
    this title] may be cited as the 'Federal Trade Commission Act
    Amendments of 1994'."

                       SHORT TITLE OF 1980 AMENDMENT                   
      Section 1 of Pub. L. 96-252 provided that "This Act [enacting
    sections 57a-1 and 57b-1 to 57b-4 of this title, amending this
    section and sections 45, 46, 50, 57a, and 57c of this title, and
    enacting provisions set out as notes under sections 45, 46, 57a,
    57a-1, and 57c of this title] may be cited as the 'Federal Trade
    Commission Improvements Act of 1980'."

-End-


-CITE-
    15 USC SUBCHAPTER II - PROMOTION OF EXPORT TRADE            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-
                 SUBCHAPTER II - PROMOTION OF EXPORT TRADE             

-End-



-CITE-
    15 USC Sec. 61                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-
    Sec. 61. Export trade; definitions

-STATUTE-
      The words "export trade" wherever used in this subchapter mean
    solely trade or commerce in goods, wares, or merchandise exported,
    or in the course of being exported from the United States or any
    Territory thereof to any foreign nation; but the words "export
    trade" shall not be deemed to include the production, manufacture,
    or selling for consumption or for resale, within the United States
    or any Territory thereof, of such goods, wares, or merchandise, or
    any act in the course of such production, manufacture, or selling
    for consumption or for resale.
      The words "trade within the United States" wherever used in this
    subchapter mean trade or commerce among the several States or in
    any Territory of the United States, or in the District of Columbia,
    or between any such Territory and another, or between any such
    Territory or Territories and any State or States or the District of
    Columbia, or between the District of Columbia and any State or
    States.
      The word "association" wherever used in this subchapter means any
    corporation or combination, by contract or otherwise, of two or
    more persons, partnerships, or corporations.

-SOURCE-
    (Apr. 10, 1918, ch. 50, Sec. 1, 40 Stat. 516.)

-End-



-CITE-
    15 USC Sec. 62                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-
    Sec. 62. Export trade and antitrust legislation

-STATUTE-
      Nothing contained in the Sherman Act [15 U.S.C. 1 et seq.] shall
    be construed as declaring to be illegal an association entered into
    for the sole purpose of engaging in export trade and actually
    engaged solely in such export trade, or an agreement made or act
    done in the course of export trade by such association, provided
    such association, agreement, or act is not in restraint of trade
    within the United States, and is not in restraint of the export
    trade of any domestic competitor of such association: Provided,
    That such association does not, either in the United States or
    elsewhere, enter into any agreement, understanding, or conspiracy,
    or do any act which artificially or intentionally enhances or
    depresses prices within the United States of commodities of the
    class exported by such association, or which substantially lessens
    competition within the United States or otherwise restrains trade
    therein.

-SOURCE-
    (Apr. 10, 1918, ch. 50, Sec. 2, 40 Stat. 517.)

-COD-
                               CODIFICATION                           
      "Sherman Act [15 U.S.C. 1 et seq.]" substituted in text for "Act
    entitled 'An Act to protect trade and commerce against unlawful
    restraints and monopolies,' approved July second, eighteen hundred
    and ninety" on authority of the enacting clause of that Act set out
    as a Short Title note under section 1 of this title.

-End-



-CITE-
    15 USC Sec. 63                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-
    Sec. 63. Acquisition of stock of export trade corporation

-STATUTE-
      Nothing contained in section 18 of this title shall be construed
    to forbid the acquisition or ownership by any corporation of the
    whole or any part of the stock or other capital of any corporation
    organized solely for the purpose of engaging in export trade, and
    actually engaged solely in such export trade, unless the effect of
    such acquisition or ownership may be to restrain trade or
    substantially lessen competition within the United States.

-SOURCE-
    (Apr. 10, 1918, ch. 50, Sec. 3, 40 Stat. 517.)

-End-



-CITE-
    15 USC Sec. 64                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-
    Sec. 64. Unfair methods of competition in export trade

-STATUTE-
      The prohibition against "unfair methods of competition" and the
    remedies provided for enforcing said prohibition contained in the
    Federal Trade Commission Act [15 U.S.C. 41 et seq.] shall be
    construed as extending to unfair methods of competition used in
    export trade against competitors engaged in export trade, even
    though the acts constituting such unfair methods are done without
    the territorial jurisdiction of the United States.

-SOURCE-
    (Apr. 10, 1918, ch. 50, Sec. 4, 40 Stat. 517.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in text, is act
    Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.

-COD-
                               CODIFICATION                           
      "Federal Trade Commission Act [15 U.S.C. 41 et seq.]" substituted
    in text for "Act entitled 'An Act to create a Federal Trade
    Commission, to define its powers and duties, and for other
    purposes,' approved September twenty-sixth, nineteen hundred and
    fourteen" on authority of section 18 of that Act [15 U.S.C. 58].

-End-



-CITE-
    15 USC Sec. 65                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-
    Sec. 65. Information required from export trade corporation; powers
      of Federal Trade Commission

-STATUTE-
      Every association which engages solely in export trade, within
    thirty days after its creation, shall file with the Federal Trade
    Commission a verified written statement setting forth the location
    of its offices or places of business and the names and addresses of
    all its officers and of all its stockholders or members, and if a
    corporation, a copy of its certificate or articles of incorporation
    and bylaws, and if unincorporated, a copy of its articles or
    contract of association, and on the 1st day of January of each year
    every association engaged solely in export trade shall make a like
    statement of the location of its offices or places of business and
    the names and addresses of all its officers and of all its
    stockholders or members and of all amendments to and changes in its
    articles or certificate of incorporation or in its articles or
    contract of association. It shall also furnish to the Commission
    such information as the Commission may require as to its
    organization business, conduct, practices, management, and relation
    to other associations, corporations, partnerships, and individuals.
    Any association which shall fail so to do shall not have the
    benefit of the provisions of sections 62 and 63 of this title, and
    it shall also forfeit to the United States the sum of $100 for each
    and every day of the continuance of such failure, which forfeiture
    shall be payable into the Treasury of the United States, and shall
    be recoverable in a civil suit in the name of the United States
    brought in the district where the association has its principal
    office, or in any district in which it shall do business. It shall
    be the duty of the various United States attorneys, under the
    direction of the Attorney General of the United States, to
    prosecute for the recovery of the forfeiture. The costs and
    expenses of such prosecution shall be paid out of the appropriation
    for the expenses of the courts of the United States.
      Whenever the Federal Trade Commission shall have reason to
    believe that an association or any agreement made or act done by
    such association is in restraint of trade within the United States
    or in restraint of the export trade of any domestic competitor of
    such association, or that an association either in the United
    States or elsewhere has entered into any agreement, understanding,
    or conspiracy, or done any act which artificially or intentionally
    enhances or depresses prices within the United States of
    commodities of the class exported by such association, or which
    substantially lessens competition within the United States or
    otherwise restrains trade therein, it shall summon such
    association, its officers, and agents to appear before it, and
    thereafter conduct an investigation into the alleged violations of
    law. Upon investigation, if it shall conclude that the law has been
    violated, it may make to such association recommendations for the
    readjustment of its business, in order that it may thereafter
    maintain its organization and management and conduct its business
    in accordance with law. If such association fails to comply with
    the recommendations of the Federal Trade Commission, said
    Commission shall refer its findings and recommendations to the
    Attorney General of the United States for such action thereon as he
    may deem proper.
      For the purpose of enforcing these provisions the Federal Trade
    Commission shall have all the powers, so far as applicable, given
    it in the Federal Trade Commission Act [15 U.S.C. 41 et seq.].

-SOURCE-
    (Apr. 10, 1918, ch. 50, Sec. 5, 40 Stat. 517; June 25, 1948, ch.
    646, Sec. 1, 62 Stat. 909.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in text, is act
    Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.

-COD-
                               CODIFICATION                           
      "Federal Trade Commission Act [15 U.S.C. 41 et seq.]" substituted
    in text for "An Act to create a Federal Trade Commission, to define
    its powers and duties, and for other purposes," on authority of
    section 18 of that Act [15 U.S.C. 58].

-CHANGE-
                              CHANGE OF NAME                          
      Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States
    attorneys" for "district attorneys". See section 541 of Title 28,
    Judiciary and Judicial Procedure.


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 66                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER II - PROMOTION OF EXPORT TRADE

-HEAD-
    Sec. 66. Short title

-STATUTE-
      This subchapter may be cited as the "Webb-Pomerene Act".

-SOURCE-
    (Apr. 10, 1918, ch. 50, Sec. 6, as added Pub. L. 94-435, title III,
    Sec. 305(c), Sept. 30, 1976, 90 Stat. 1397.)

-End-


-CITE-
    15 USC SUBCHAPTER III - LABELING OF WOOL PRODUCTS           01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
                SUBCHAPTER III - LABELING OF WOOL PRODUCTS            

-End-



-CITE-
    15 USC Sec. 68                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
    Sec. 68. Definitions

-STATUTE-
      As used in this subchapter - 
      (a) The term "person" means an individual, partnership,
    corporation, association, or any other form of business enterprise,
    plural or singular, as the case demands.
      (b) The term "wool" means the fiber from the fleece of the sheep
    or lamb or hair of the Angora or Cashmere goat (and may include the
    so-called specialty fibers from the hair of the camel, alpaca,
    llama, and vicuna) which has never been reclaimed from any woven or
    felted wool product.
      (c) The term "recycled wool" means (1) the resulting fiber when
    wool has been woven or felted into a wool product which, without
    ever having been utilized in any way by the ultimate consumer,
    subsequently has been made into a fibrous state, or (2) the
    resulting fiber when wool or reprocessed wool has been spun, woven,
    knitted, or felted into a wool product which, after having been
    used in any way by the ultimate consumer, subsequently has been
    made into a fibrous state.
      (d) The term "wool product" means any product, or any portion of
    a product, which contains, purports to contain, or in any way is
    represented as containing wool or recycled wool.
      (e) The term "Commission" means the Federal Trade Commission.
      (f) The term "Federal Trade Commission Act" means the Act of
    Congress entitled "An Act to create a Federal Trade Commission, to
    define its powers and duties, and for other purposes", approved
    September 26, 1914, as amended, and the Federal Trade Commission
    Act approved March 21, 1938.
      (g) The term "commerce" means commerce among the several States
    or with foreign nations, or in any Territory of the United States
    or in the District of Columbia, or between any such Territory and
    another, or between any such Territory and any State or foreign
    nation, or between the District of Columbia and any State or
    Territory or foreign nation.
      (h) The term "Territory" includes the insular possessions of the
    United States and also any Territory of the United States.

-SOURCE-
    (Oct. 14, 1940, ch. 871, Sec. 2, 54 Stat. 1128; Pub. L. 96-242,
    Sec. 1, May 5, 1980, 94 Stat. 344.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Act of September 26, 1914, referred to in subsec. (f), is act
    Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.
      The Federal Trade Commission Act approved March 21, 1938,
    referred to in subsec. (f), is act Mar. 21, 1938, ch. 49, 52 Stat.
    111, as amended. For complete classification of this Act to the
    Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (c). Pub. L. 96-242, Sec. 1(a), substituted
    "recycled wool" for "reprocessed wool" as term defined, designated
    existing definition as cl. (1), and added cl. (2).
      Subsecs. (d) to (i). Pub. L. 96-242, Sec. 1(b)-(d), redesignated
    subsecs. (e) to (i) as (d) to (h), respectively, and, in subsec.
    (d) as so redesignated, substituted "containing wool or recycled
    wool" for "containing wool, reprocessed wool, or reused wool".
    Former subsec. (d), which defined term "reused wool", was struck
    out.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 3 of Pub. L. 96-242 provided that: "The amendments made
    by this Act [amending this section and section 68b of this title]
    shall take effect with respect to wool products manufactured on or
    after the date sixty days after the date of enactment of this Act
    [May 5, 1980]."

                              EFFECTIVE DATE                          
      Section 12 of act Oct. 14, 1940, provided that: "This Act [this
    subchapter] shall take effect nine months after the date of its
    passage."

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-428, Sec. 1, Dec. 20, 2006, 120 Stat. 2913, provided
    that: "This Act [amending section 68b of this title and enacting
    provisions set out as a note under section 68b of this title] may
    be cited as the 'Wool Suit Fabric Labeling Fairness and
    International Standards Conforming Act'."

                                SHORT TITLE                            
      Section 1 of act Oct. 14, 1940, provided that: "This Act [this
    subchapter] may be cited as the 'Wool Products Labeling Act of
    1939'."

                               SEPARABILITY                           
      Section 13 of act Oct. 14, 1940, provided that: "If any provision
    of this Act [this subchapter], or the application thereof to any
    person, partnership, corporation, or circumstance is held invalid,
    the remainder of the Act and the application of such provision to
    any other person, partnership, corporation, or circumstance shall
    not be affected thereby."


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 68a                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
    Sec. 68a. Misbranding declared unlawful

-STATUTE-
      The introduction, or manufacture for introduction, into commerce,
    or the sale, transportation, or distribution, in commerce, of any
    wool product which is misbranded within the meaning of this
    subchapter or the rules and regulations hereunder, is unlawful and
    shall be an unfair method of competition, and an unfair and
    deceptive act or practice, in commerce under the Federal Trade
    Commission Act; and any person who shall manufacture or deliver for
    shipment or ship or sell or offer for sale in commerce, any such
    wool product which is misbranded within the meaning of this
    subchapter and the rules and regulations hereunder is guilty of an
    unfair method of competition, and an unfair and deceptive act or
    practice, in commerce within the meaning of the Federal Trade
    Commission Act.
      This section shall not apply - 
      (a) To any common carrier or contract carrier in respect to a
    wool product shipped or delivered for shipment in commerce in the
    ordinary course of its business; or
      (b) To any person manufacturing, delivering for shipment,
    shipping, selling, or offering for sale, for exportation from the
    United States to any foreign country a wool product branded in
    accordance with the specifications of the purchaser and in
    accordance with the laws of such country.

-SOURCE-
    (Oct. 14, 1940, ch. 871, Sec. 3, 54 Stat. 1129.)

-End-



-CITE-
    15 USC Sec. 68b                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
    Sec. 68b. Misbranded wool products

-STATUTE-
    (a) False identification; affixation of label, etc., contents
      A wool product shall be misbranded - 
        (1) If it is falsely or deceptively stamped, tagged, labeled,
      or otherwise identified.
        (2) If a stamp, tag, label, or other means of identification,
      or substitute therefor under section 68c of this title, is not on
      or affixed to the wool product and does not show - 
          (A) the percentage of the total fiber weight of the wool
        product, exclusive of ornamentation not exceeding 5 per centum
        of said total fiber weight, of (1) wool; (2) recycled wool; (3)
        each fiber other than wool if said percentage by weight of such
        fiber is 5 per centum or more; and (4) the aggregate of all
        other fibers: Provided, That deviation of the fiber contents of
        the wool product from percentages stated on the stamp, tag,
        label, or other means of identification, shall not be
        misbranding under this section if the person charged with
        misbranding proves such deviation resulted from unavoidable
        variations in manufacture and despite the exercise of due care
        to make accurate the statements on such stamp, tag, label, or
        other means of identification.
          (B) the maximum percentage of the total weight of the wool
        product, of any nonfibrous loading, filling, or adulterating
        matter.
          (C) the name of the manufacturer of the wool product and/or
        the name of one or more persons subject to section 68a of this
        title with respect to such wool product.
          (D) the name of the country where processed or manufactured.

        (3) In the case of a wool product containing a fiber other than
      wool, if the percentages by weight of the wool contents thereof
      are not shown in words and figures plainly legible.
        (4) In the case of a wool product represented as wool, if the
      percentages by weight of the wool content thereof are not shown
      in words and figures plainly legible, or if the total fiber
      weight of such wool product if not 100 per centum wool exclusive
      of ornamentation not exceeding 5 per centum of such total fiber
      weight.
        (5) In the case of a wool product stamped, tagged, labeled, or
      otherwise identified as - 
          (A) "Super 80's" or "80's", if the average diameter of wool
        fiber of such wool product does not average 19.75 microns or
        finer;
          (B) "Super 90's" or "90's", if the average diameter of wool
        fiber of such wool product does not average 19.25 microns or
        finer;
          (C) "Super 100's" or "100's", if the average diameter of wool
        fiber of such wool product does not average 18.75 microns or
        finer;
          (D) "Super 110's" or "110's", if the average diameter of wool
        fiber of such wool product does not average 18.25 microns or
        finer;
          (E) "Super 120's" or "120's", if the average diameter of wool
        fiber of such wool product does not average 17.75 microns or
        finer;
          (F) "Super 130's" or "130's", if the average diameter of wool
        fiber of such wool product does not average 17.25 microns or
        finer;
          (G) "Super 140's" or "140's", if the average diameter of wool
        fiber of such wool product does not average 16.75 microns or
        finer;
          (H) "Super 150's" or "150's", if the average diameter of wool
        fiber of such wool product does not average 16.25 microns or
        finer;
          (I) "Super 160's" or "160's", if the average diameter of wool
        fiber of such wool product does not average 15.75 microns or
        finer;
          (J) "Super 170's" or "170's", if the average diameter of wool
        fiber of such wool product does not average 15.25 microns or
        finer;
          (K) "Super 180's" or "180's", if the average diameter of wool
        fiber of such wool product does not average 14.75 microns or
        finer;
          (L) "Super 190's" or "190's", if the average diameter of wool
        fiber of such wool product does not average 14.25 microns or
        finer;
          (M) "Super 200's" or "200's", if the average diameter of wool
        fiber of such wool product does not average 13.75 microns or
        finer;
          (N) "Super 210's" or "210's", if the average diameter of wool
        fiber of such wool product does not average 13.25 microns or
        finer;
          (O) "Super 220's" or "220's", if the average diameter of wool
        fiber of such wool product does not average 12.75 microns or
        finer;
          (P) "Super 230's" or "230's", if the average diameter of wool
        fiber of such wool product does not average 12.25 microns or
        finer;
          (Q) "Super 240's" or "240's", if the average diameter of wool
        fiber of such wool product does not average 11.75 microns or
        finer; and
          (R) "Super 250's" or "250's", if the average diameter of wool
        fiber of such wool product does not average 11.25 microns or
        finer.

      In each such case, the average fiber diameter of such wool
      product may be subject to such standards or deviations as adopted
      by regulation by the Commission.
        (6) In the case of a wool product stamped, tagged, labeled, or
      otherwise identified as cashmere, if - 
          (A) such wool product is not the fine (dehaired) undercoat
        fibers produced by a cashmere goat (capra hircus laniger);
          (B) the average diameter of the fiber of such wool product
        exceeds 19 microns; or
          (C) such wool product contains more than 3 percent (by
        weight) of cashmere fibers with average diameters that exceed
        30 microns.

      The average fiber diameter may be subject to a coefficient of
      variation around the mean that shall not exceed 24 percent.
    (b) Additional information
      In addition to information required in this section, the stamp,
    tag, label, or other means of identification, or substitute
    therefor under section 68c of this title, may contain other
    information not violating the provisions of this subchapter or the
    rules and regulations of the Commission.
    (c) Substitute identification
      If any person subject to section 68a of this title with respect
    to a wool product finds or has reasonable cause to believe its
    stamp, tag, label, or other means of identification, or substitute
    therefor under section 68c of this title, does not contain the
    information required by this subchapter, he may replace same with a
    substitute containing the information so required.
    (d) Designations on linings, paddings, etc.
      This section shall not be construed as requiring designation on
    garments or articles of apparel of fiber content of any linings,
    paddings, stiffening, trimmings, or facings, except those
    concerning which express or implied representations of fiber
    content are customarily made, nor as requiring designation of fiber
    content of products which have an insignificant or inconsequential
    textile content: Provided, That if any such article or product
    purports to contain or in any manner is represented as containing
    wool, this section shall be applicable thereto and the information
    required shall be separately set forth and segregated.
      The Commission, after giving due notice and opportunity to be
    heard to interested persons, may determine and publicly announce
    the classes of such articles concerning which express or implied
    representations of fiber content are customarily made, and those
    products which have an insignificant or inconsequential textile
    content.
    (e) False or deceptive advertising in mail order promotions
      For the purposes of this subchapter, a wool product shall be
    considered to be falsely or deceptively advertised in any mail
    order promotional material which is used in the direct sale or
    direct offering for sale of such wool product, unless such wool
    product description states in a clear and conspicuous manner that
    such wool product is processed or manufactured in the United States
    of America, or imported, or both.
    (f) Location of label, etc.
      For purposes of this subchapter, any wool product shall be
    misbranded if a stamp, tag, label, or other identification
    conforming to the requirements of this section is not on or affixed
    to the inside center of the neck midway between the shoulder seams
    or, if such product does not contain a neck, in the most
    conspicuous place on the inner side of such product, unless it is
    on or affixed on the outer side of such product or in the case of
    hosiery items, on the outer side of such product or package.

-SOURCE-
    (Oct. 14, 1940, ch. 871, Sec. 4, 54 Stat. 1129; Pub. L. 96-242,
    Sec. 2, May 5, 1980, 94 Stat. 344; Pub. L. 98-417, title III, Secs.
    304, 305, Sept. 24, 1984, 98 Stat. 1604; Pub. L. 109-428, Sec.
    2(a), Dec. 20, 2006, 120 Stat. 2913.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(5), (6). Pub. L. 109-428 added pars. (5) and
    (6).
      1984 - Subsec. (a)(2)(D). Pub. L. 98-417, Sec. 304, added subpar.
    (D).
      Subsecs. (e), (f). Pub. L. 98-417, Sec. 305, added subsecs. (e)
    and (f).
      1980 - Subsec. (a)(2)(A). Pub. L. 96-242 substituted "recycled
    wool" for "reprocessed wool" as cl. (2), struck out cl. (3) "reused
    wool", and redesignated existing cls. (4) and (5) as (3) and (4),
    respectively.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-428, Sec. 2(b), Dec. 20, 2006, 120 Stat. 2915,
    provided that: "The amendments made by this section [amending this
    section] shall apply to wool products manufactured on or after
    January 1, 2007."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 307 of title III of Pub. L. 98-417 provided that: "The
    amendments made by this title [amending this section and sections
    68c and 70b of this title] shall be effective ninety days after the
    date of enactment of this Act [Sept. 24, 1984]."

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-242 effective with respect to wool
    products manufactured on or after the date sixty days after May 5,
    1980, see section 3 of Pub. L. 96-242, set out as a note under
    section 68 of this title.


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 68c                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
    Sec. 68c. Stamp, tag, label, or other identification

-STATUTE-
    (a) Affixing; retention until sale
      Any person manufacturing for introduction, or first introducing
    into commerce a wool product shall affix thereto the stamp, tag,
    label, or other means of identification required by this
    subchapter, and the same, or substitutes therefor containing
    identical information with respect to content of the wool product
    or any other products contained therein in an amount of 5 per
    centum or more by weight and other information required under
    section 68b of this title, shall be and remain affixed to such wool
    product, whether it remains in its original state or is contained
    in garments or other articles made in whole or in part therefrom,
    until sold to the consumer: Provided, That the name of the
    manufacturer of the wool product need not appear on the substitute
    stamp, tag, or label if the name of the person who affixes the
    substitute appears thereon.
    (b) Removal or mutilation
      Any person who shall cause or participate in the removal or
    mutilation of any stamp, tag, label, or other means of
    identification affixed to a wood (!1) product with intent to
    violate the provisions of this subchapter, is guilty of an unfair
    method of competition, and an unfair and deceptive act or practice,
    in commerce within the meaning of the Federal Trade Commission Act.

    (c) Packages of wool products
      For the purposes of subsections (a) and (b) of this section, any
    package of wool products intended for sale to the ultimate consumer
    shall also be considered a wool product and shall have affixed to
    it a stamp, tag, label, or other means of identification bearing
    the information required by section 68b of this title, with respect
    to the wool products contained therein, unless such package of wool
    products is transparent to the extent that it allows for the clear
    reading of the stamp, tag, label, or other means of identification
    affixed to the wool product, or in the case of hosiery items this
    section shall not be construed as requiring the affixing of a
    stamp, tag, label, or other means of identification to each hosiery
    product contained in a package if (1) such hosiery products are
    intended for sale to the ultimate consumer in such package, (2)
    such package has affixed to it a stamp, tag, label, or other means
    of identification bearing, with respect to the hosiery products
    contained therein, the information required by section 68b of this
    title,(!2) and (3) the information on the stamp, tag, label, or
    other means of identification affixed to such package is equally
    applicable with respect to each hosiery product contained therein.


-SOURCE-
    (Oct. 14, 1940, ch. 871, Sec. 5, 54 Stat. 1130; Pub. L. 98-417,
    title III, Sec. 306, Sept. 24, 1984, 98 Stat. 1605.)

-COD-
                               CODIFICATION                           
      Section 68b of this title, the second time it appears in subsec.
    (c), was in the original "subsection (4)" and was translated as
    reading "section 4" as the probable intent of Congress.


-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-417 designated existing first and second pars.
    as subsecs. (a) and (b), respectively, and added subsec. (c).

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-417 effective 90 days after Sept. 24,
    1984, see section 307 of Pub. L. 98-417, set out as a note under
    section 68b of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "wool".

    (!2) See Codification note.


-End-



-CITE-
    15 USC Sec. 68d                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
    Sec. 68d. Enforcement of subchapter

-STATUTE-
    (a) Authority of Commission
      Except as otherwise specifically provided herein, this subchapter
    shall be enforced by the Federal Trade Commission under rules,
    regulations, and procedure provided for in the Federal Trade
    Commission Act.
      The Commission is authorized and directed to prevent any person
    from violating the provisions of this subchapter in the same
    manner, by the same means, and with the same jurisdiction, powers,
    and duties as though all applicable terms and provisions of the
    Federal Trade Commission Act were incorporated into and made a part
    of this subchapter; and any such person violating the provisions of
    this subchapter shall be subject to the penalties and entitled to
    the privileges and immunities provided in said Federal Trade
    Commission Act in the same manner, by the same means, and with the
    same jurisdiction, powers, and duties as though the applicable
    terms and provisions of the Federal Trade Commission Act were
    incorporated into and made a part of this subchapter.
      The Commission is authorized and directed to make rules and
    regulations for the manner and form of disclosing information
    required by this subchapter, and for segregation of such
    information for different portions of a wool product as may be
    necessary to avoid deception or confusion, and to make such further
    rules and regulations under and in pursuance of the terms of this
    subchapter as may be necessary and proper for administration and
    enforcement.
      The Commission is also authorized to cause inspections, analyses,
    tests, and examinations to be made of any wool products subject to
    this subchapter; and to cooperate with any department or agency of
    the Government, with any State, Territory, or possession, or with
    the District of Columbia; or with any department, agency, or
    political subdivision thereof; or with any person.
    (b) Maintenance of records by wool manufacturers
      Every manufacturer of wool products shall maintain proper records
    showing the fiber content as required by this subchapter of all
    wool products made by him, and shall preserve such records for at
    least three years.
      The neglect or refusal to maintain and so preserve such records
    is unlawful, and any such manufacturer who neglects or refuses to
    maintain and so preserve such records shall forfeit to the United
    States the sum of $100 for each day of such failure, which shall
    accrue to the United States and be recoverable in a civil action.

-SOURCE-
    (Oct. 14, 1940, ch. 871, Sec. 6, 54 Stat. 1131.)


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 68e                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
    Sec. 68e. Condemnation and injunction proceedings

-STATUTE-
    (a) Grounds for condemnation; disposition of merchandise
      Any wool products shall be liable to be proceeded against in the
    district court of the United States for the district in which
    found, and to be seized for confiscation by process of libel for
    condemnation, if the Commission has reasonable cause to believe
    such wool products are being manufactured or held for shipment, or
    shipped, or held for sale or exchange after shipment, in commerce
    in violation of the provisions of this subchapter, and if after
    notice from the Commission the provisions of this subchapter with
    respect to said products are not shown to be complied with.
    Proceedings in such libel cases shall conform as nearly as may be
    to suits in rem in admiralty, and may be brought by the Commission.
      If such wool products are condemned by the court, they shall be
    disposed of, in the discretion of the court, by destruction; by
    sale; by delivery to the owner or claimant thereof upon payment of
    legal costs and charges and upon execution of good and sufficient
    bond to the effect that such wool products will not be disposed of
    until properly stamped, tagged, labeled, or otherwise identified
    under the provisions of this subchapter; or by such charitable
    disposition as the court may deem proper. If such wool products are
    disposed of by sale, the proceeds, less legal costs and charges,
    shall be paid into the Treasury of the United States.
    (b) Grounds for temporary injunction or restraining order; issuance
      without bond
      Whenever the Commission has reason to believe that - 
        (1) Any person is violating, or is about to violate, sections
      68a, 68c, 68f, or 68g of this title, and that
        (2) It would be to the public interest to enjoin such violation
      until complaint is issued by the Commission under the Federal
      Trade Commission Act and such complaint dismissed by the
      Commission or set aside by the court on review, or until order to
      cease and desist made thereon by the Commission has become final
      within the meaning of the Federal Trade Commission Act,

    the Commission may bring suit in the district court of the United
    States or in the United States court of any Territory, for the
    district or Territory in which such person resides or transacts
    business, to enjoin such violation, and upon proper showing a
    temporary injunction or restraining order shall be granted without
    bond.

-SOURCE-
    (Oct. 14, 1940, ch. 871, Sec. 7, 54 Stat. 1131.)


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 68f                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
    Sec. 68f. Exclusion of misbranded wool products

-STATUTE-
      All wool products imported into the United States, except those
    made more than twenty years prior to such importation, shall be
    stamped, tagged, labeled, or otherwise identified in accordance
    with the provisions of this subchapter and all invoices of such
    wool products required under the Act of June 17, 1930 (c. 497,
    title IV, 46 Stat. 719), shall set forth, in addition to the matter
    therein specified, the information with respect to said wool
    products required under the provisions of this subchapter, which
    information shall be in the invoices prior to their certification
    under said Act of June 17, 1930.
      The falsification of, or failure to set forth, said information
    in said invoices, or the falsification or perjury of the
    consignee's declaration provided for in said Act of June 17, 1930,
    insofar as it relates to said information, shall be an unfair
    method of competition, and an unfair and deceptive act, or
    practice, in commerce under the Federal Trade Commission Act; and
    any person who falsifies, or fails to set forth, said information
    in said invoices, or who falsifies or perjures said consignee's
    declaration insofar as it relates to said information, may
    thenceforth be prohibited by the Commission from importing, or
    participating in the importation of, any wool products into the
    United States except upon filing bond with the Secretary of the
    Treasury in a sum double the value of said wool products and any
    duty thereon, conditioned upon compliance with the provisions of
    this subchapter.
      A verified statement from the manufacturer or producer of such
    wool products showing their fiber content as required under the
    provisions of this subchapter may be required under regulations
    prescribed by the Secretary of the Treasury.

-SOURCE-
    (Oct. 14, 1940, ch. 871, Sec. 8, 54 Stat. 1132.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Provisions covering invoices of wool products required under the
    Act of June 17, 1930 (c. 497, title IV, 46 Stat. 719), referred to
    in text, are set out as section 1481 et seq. of Title 19, Customs
    Duties.
      Provisions covering certification of invoices under the Act of
    June 17, 1930, referred to in text, are set out as section 1482 of
    Title 19.
      Provisions covering the consignee's declaration under the Act of
    June 17, 1930, referred to in text, are set out in section 1485 of
    Title 19.


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 68g                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
    Sec. 68g. Guaranty

-STATUTE-
    (a) Avoidance of liability; requirements
      No person shall be guilty under section 68a of this title if he
    establishes a guaranty received in good faith signed by and
    containing the name and address of the person residing in the
    United States by whom the wool product guaranteed was manufactured
    and/or from whom it was received, that said wool product is not
    misbranded under the provisions of this subchapter.
      Said guaranty shall be either (1) a separate guaranty
    specifically designating the wool product guaranteed, in which case
    it may be on the invoice or other paper relating to said wool
    product; or (2) a continuing guaranty filed with the Commission
    applicable to all wool products handled by a guarantor in such form
    as the Commission by rules and regulations may prescribe.
    (b) Furnishing false guaranty
      Any person who furnishes a false guaranty, except a person
    relying upon a guaranty to the same effect received in good faith
    signed by and containing the name and address of the person
    residing in the United States by whom the wool product guaranteed
    was manufactured and/or from whom it was received, with reason to
    believe the wool product falsely guaranteed may be introduced,
    sold, transported, or distributed in commerce, is guilty of an
    unfair method of competition, and an unfair and deceptive act or
    practice, in commerce within the meaning of the Federal Trade
    Commission Act.

-SOURCE-
    (Oct. 14, 1940, ch. 871, Sec. 9, 54 Stat. 1132.)


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 68h                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
    Sec. 68h. Criminal penalty

-STATUTE-
      Any person who willfully violates sections 68a, 68c, 68f, or
    68g(b) of this title shall be guilty of a misdemeanor and upon
    conviction shall be fined not more than $5,000, or be imprisoned
    not more than one year, or both, in the discretion of the court:
    Provided, That nothing herein shall limit other provisions of this
    subchapter.
      Whenever the Commission has reason to believe any person is
    guilty of a misdemeanor under this section, it shall certify all
    pertinent facts to the Attorney General, whose duty it shall be to
    cause appropriate proceedings to be brought for the enforcement of
    the provisions of this section against such person.

-SOURCE-
    (Oct. 14, 1940, ch. 871, Sec. 10, 54 Stat. 1133.)


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 68i                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
    Sec. 68i. Application of other laws

-STATUTE-
      The provision of this subchapter shall be held to be in addition
    to, and not in substitution for or limitation of, the provisions of
    any other Act of the United States.

-SOURCE-
    (Oct. 14, 1940, ch. 871, Sec. 11, 54 Stat. 1133.)

-End-



-CITE-
    15 USC Sec. 68j                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER III - LABELING OF WOOL PRODUCTS

-HEAD-
    Sec. 68j. Exceptions from subchapter

-STATUTE-
      None of the provisions of this subchapter shall be construed to
    apply to the manufacture, delivery for shipment, shipment, sale, or
    offering for sale any carpets, rugs, mats, or upholsteries, nor to
    any person manufacturing, delivering for shipment, shipping,
    selling, or offering for sale any carpets, rugs, mats, or
    upholsteries.

-SOURCE-
    (Oct. 14, 1940, ch. 871, Sec. 14, 54 Stat. 1133.)

-End-


-CITE-
    15 USC SUBCHAPTER IV - LABELING OF FUR PRODUCTS             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
                 SUBCHAPTER IV - LABELING OF FUR PRODUCTS             

-End-



-CITE-
    15 USC Sec. 69                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
    Sec. 69. Definitions

-STATUTE-
      As used in this subchapter - 
      (a) The term "person" means an individual, partnership,
    corporation, association, business trust, or any organized group of
    any of the foregoing.
      (b) The term "fur" means any animal skin or part thereof with
    hair, fleece, or fur fibers attached thereto, either in its raw or
    processed state, but shall not include such skins as are to be
    converted into leather or which in processing shall have the hair,
    fleece, or fur fiber completely removed.
      (c) The term "used fur" means fur in any form which has been worn
    or used by an ultimate consumer.
      (d) The term "fur product" means any article of wearing apparel
    made in whole or in part of fur or used fur; except that such term
    shall not include such articles (other than any dog or cat fur
    product to which section 1308 of title 19 applies) as the
    Commission shall exempt by reason of the relatively small quantity
    or value of the fur or used fur contained therein.
      (e) The term "waste fur" means the ears, throats, or scrap pieces
    which have been severed from the animal pelt, and shall include
    mats or plates made therefrom.
      (f) The term "invoice" means a written account, memorandum, list,
    or catalog, which is issued in connection with any commercial
    dealing in fur products or furs, and describes the particulars of
    any fur products or furs, transported or delivered to a purchaser,
    consignee, factor, bailee, correspondent, or agent, or any other
    person who is engaged in dealing commercially in fur products or
    furs.
      (g) The term "Commission" means the Federal Trade Commission.
      (h) The term "Federal Trade Commission Act" means the Act
    entitled "An Act to create a Federal Trade Commission, to define
    its powers and duties, and for other purposes", approved September
    26, 1914, as amended [15 U.S.C. 41 et seq.].
      (i) The term "Fur Products Name Guide" means the register issued
    by the Commission pursuant to section 69e of this title.
      (j) The term "commerce" means commerce between any State,
    Territory, or possession of the United States, or the District of
    Columbia, and any place outside thereof; or between points within
    the same State, Territory, or possession, or the District of
    Columbia, but through any place outside thereof; or within any
    Territory or possession or the District of Columbia.
      (k) The term "United States" means the several States, the
    District of Columbia, and the Territories and possessions of the
    United States.

-SOURCE-
    (Aug. 8, 1951, ch. 298, Sec. 2, 65 Stat. 175; Pub. L. 106-476,
    title I, Sec. 1443(b), Nov. 9, 2000, 114 Stat. 2167.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in text, is act
    Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (d). Pub. L. 106-476 inserted "(other than any dog
    or cat fur product to which section 1308 of title 19 applies)"
    after "shall not include such articles".

                              EFFECTIVE DATE                          
      Section 14 of act Aug. 8, 1951, provided that: "This Act [this
    subchapter], except section 7 [section 69e of this title], shall
    take effect one year after the date of its enactment [Aug. 8,
    1951]."

                                SHORT TITLE                            
      Section 1 of act Aug. 8, 1951, provided: "That this Act [this
    subchapter] may be cited as the 'Fur Products Labeling Act' ".

                               SEPARABILITY                           
      Section 13 of act Aug. 8, 1951, provided that: "If any provision
    of this Act [this subchapter] or the application thereof to any
    person or circumstance is held invalid, the remainder of the Act
    [this subchapter] and the application of such provision to any
    other person or circumstance shall not be affected thereby."


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 69a                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
    Sec. 69a. Violations of Federal Trade Commission Act

-STATUTE-
    (a) Introduction or manufacture for introduction into commerce,
      sale, advertising or offering for sale in commerce
      The introduction, or manufacture for introduction, into commerce,
    or the sale, advertising or offering for sale in commerce, or the
    transportation or distribution in commerce, of any fur product
    which is misbranded or falsely or deceptively advertised or
    invoiced, within the meaning of this subchapter or the rules and
    regulations prescribed under section 69f(b) of this title, is
    unlawful and shall be an unfair method of competition, and an
    unfair and deceptive act or practice, in commerce under the Federal
    Trade Commission Act [15 U.S.C. 41 et seq.].
    (b) Manufacture for sale, sale, advertising, offering for sale,
      transportation or distribution
      The manufacture for sale, sale, advertising, offering for sale,
    transportation or distribution, of any fur product which is made in
    whole or in part of fur which has been shipped and received in
    commerce, and which is misbranded or falsely or deceptively
    advertised or invoiced, within the meaning of this subchapter or
    the rules and regulations prescribed under section 69f(b) of this
    title, is unlawful and shall be an unfair method of competition,
    and an unfair and deceptive act or practice, in commerce under the
    Federal Trade Commission Act [15 U.S.C. 41 et seq.].
    (c) Introduction into commerce, sale, advertising or offering for
      sale in commerce or transportation or distribution
      The introduction into commerce, or the sale, advertising or
    offering for sale in commerce, or the transportation or
    distribution in commerce, of any fur which is falsely or
    deceptively advertised or falsely or deceptively invoiced, within
    the meaning of this subchapter or the rules and regulations
    prescribed under section 69f(b) of this title, is unlawful and
    shall be an unfair method of competition, and an unfair and
    deceptive act or practice, in commerce under the Federal Trade
    Commission Act [15 U.S.C. 41 et seq.].
    (d) Removal or mutilation of label
      Except as provided in subsection (e) of this section, it shall be
    unlawful to remove or mutilate, or cause or participate in the
    removal or mutilation of, prior to the time any fur product is sold
    and delivered to the ultimate consumer, any label required by this
    subchapter to be affixed to such fur product, and any person
    violating this subsection is guilty of an unfair method of
    competition, and an unfair or deceptive act or practice, in
    commerce under the Federal Trade Commission Act [15 U.S.C. 41 et
    seq.].
    (e) Substitution of labels; records
      Any person introducing, selling, advertising, or offering for
    sale, in commerce, or processing for commerce, a fur product, or
    any person selling, advertising, offering for sale or processing a
    fur product which has been shipped and received in commerce, may
    substitute for the label affixed to such product pursuant to
    section 69b of this title, a label conforming to the requirements
    of such section, and such label may show in lieu of the name or
    other identification shown pursuant to section 69b(2)(E) of this
    title on the label so removed, the name or other identification of
    the person making the substitution. Any person substituting a label
    shall keep such records as will show the information set forth on
    the label that he removed and the name or names of the person or
    persons from whom such fur product was received, and shall preserve
    such records for at least three years. Neglect or refusal to
    maintain and preserve such records is unlawful, and any person who
    shall fail to maintain and preserve such records shall forfeit to
    the United States the sum of $100 for each day of such failure
    which shall accrue to the United States and be recoverable by a
    civil action. Any person substituting a label who shall fail to
    keep and preserve such records, or who shall by such substitution
    misbrand a fur product, shall be guilty of an unfair method of
    competition, and an unfair or deceptive act or practice, in
    commerce under the Federal Trade Commission Act [15 U.S.C. 41 et
    seq.].
    (f) Application of section to common carrier or freight forwarder
      Subsections (a), (b), and (c) of this section shall not apply to
    any common carrier, contract carrier or freight forwarder in
    respect of a fur product or fur shipped, transported, or delivered
    for shipment in commerce in the ordinary course of business.

-SOURCE-
    (Aug. 8, 1951, ch. 298, Sec. 3, 65 Stat. 176.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in section
    catchline and subsecs. (a) to (e), is act Sept. 26, 1914, ch. 311,
    38 Stat. 717, as amended, which is classified generally to
    subchapter I (Sec. 41 et seq.) of this chapter. For complete
    classification of this Act to the Code, see section 58 of this
    title and Tables.

-End-



-CITE-
    15 USC Sec. 69b                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
    Sec. 69b. Misbranded fur products

-STATUTE-
      For the purposes of this subchapter, a fur product shall be
    considered to be misbranded - 
        (1) if it is falsely or deceptively labeled or otherwise
      falsely or deceptively identified, or if the label contains any
      form of misrepresentation or deception, directly or by
      implication, with respect to such fur product;
        (2) if there is not affixed to the fur product a label showing
      in words and figures plainly legible - 
          (A) the name or names (as set forth in the Fur Products Name
        Guide) of the animal or animals that produced the fur, and such
        qualifying statement as may be required pursuant to section
        69e(c) of this title;
          (B) that the fur product contains or is composed of used fur,
        when such is the fact;
          (C) that the fur product contains or is composed of bleached,
        dyed, or otherwise artificially colored fur, when such is the
        fact;
          (D) that the fur product is composed in whole or in
        substantial part of paws, tails, bellies, or waste fur, when
        such is the fact;
          (E) the name, or other identification issued and registered
        by the Commission, of one or more of the persons who
        manufacture such fur product for introduction into commerce,
        introduce it into commerce, sell it in commerce, advertise or
        offer it for sale in commerce, or transport or distribute it in
        commerce;
          (F) the name of the country of origin of any imported furs
        used in the fur product;

        (3) if the label required by paragraph (2)(A) of this section
      sets forth the name or names of any animal or animals other than
      the name or names provided for in such paragraph.

-SOURCE-
    (Aug. 8, 1951, ch. 298, Sec. 4, 65 Stat. 177.)


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 69c                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
    Sec. 69c. False advertising and invoicing

-STATUTE-
      (a) For the purposes of this subchapter, a fur product or fur
    shall be considered to be falsely or deceptively advertised if any
    advertisement, representation, public announcement, or notice which
    is intended to aid, promote, or assist directly or indirectly in
    the sale or offering for sale of such fur product or fur - 
        (1) does not show the name or names (as set forth in the Fur
      Products Name Guide) of the animal or animals that produced the
      fur, and such qualifying statement as may be required pursuant to
      section 69e(c) of this title;
        (2) does not show that the fur is used fur or that the fur
      product contains used fur, when such is the fact;
        (3) does not show that the fur product or fur is bleached,
      dyed, or otherwise artificially colored fur when such is the
      fact;
        (4) does not show that the fur product is composed in whole or
      in substantial part of paws, tails, bellies, or waste fur, when
      such is the fact;
        (5) contains the name or names of any animal or animals other
      than the name or names specified in paragraph (1) of this
      subsection, or contains any form of misrepresentation or
      deception, directly or by implication, with respect to such fur
      product or fur;
        (6) does not show the name of the country of origin of any
      imported furs or those contained in a fur product.

      (b) For the purposes of this subchapter, a fur product or fur
    shall be considered to be falsely or deceptively invoiced - 
        (1) if such fur product or fur is not invoiced to show - 
          (A) the name or names (as set forth in the Fur Products Name
        Guide) of the animal or animals that produced the fur, and such
        qualifying statement as may be required pursuant to section
        69e(c) of this title;
          (B) that the fur product contains or is composed of used fur,
        when such is the fact;
          (C) that the fur product contains or is composed of bleached,
        dyed, or otherwise artificially colored fur, when such is the
        fact;
          (D) that the fur product is composed in whole or in
        substantial part of paws, tails, bellies, or waste fur, when
        such is the fact;
          (E) the name and address of the person issuing such invoice;
          (F) the name of the country of origin of any imported furs or
        those contained in a fur product;

        (2) if such invoice contains the name or names of any animal or
      animals other than the name or names specified in paragraph
      (1)(A) of this subsection, or contains any form of
      misrepresentation or deception, directly or by implication, with
      respect to such fur product or fur.

-SOURCE-
    (Aug. 8, 1951, ch. 298, Sec. 5, 65 Stat. 178.)

-End-



-CITE-
    15 USC Sec. 69d                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
    Sec. 69d. Fur products imported into United States

-STATUTE-
    (a) Necessity of proper labelling; additional information
      Fur products imported into the United States shall be labeled so
    as not to be misbranded within the meaning of section 69b of this
    title; and all invoices of fur products and furs required under
    title IV of the Tariff Act of 1930, as amended [19 U.S.C. 1401 et
    seq.], shall set forth, in addition to the matters therein
    specified, information conforming with the requirements of section
    69c(b) of this title, which information shall be included in the
    invoices prior to their certification under the Tariff Act of 1930,
    as amended [19 U.S.C. 1202 et seq.].
    (b) Violations of Federal Trade Commission Act
      The falsification of, or failure to set forth, said information
    in said invoices, or the falsification or perjury of the
    consignee's declaration provided for in the Tariff Act of 1930, as
    amended [19 U.S.C. 1202 et seq.], insofar as it relates to said
    information, shall be an unfair method of competition, and an
    unfair and deceptive act or practice, in commerce under the Federal
    Trade Commission Act [15 U.S.C. 41 et seq.]; and any person who
    falsifies, or fails to set forth, said information in said
    invoices, or who falsifies or perjures said consignee's declaration
    insofar as it relates to said information, may thenceforth be
    prohibited by the Commission from importing, or participating in
    the importation of, any fur products or furs into the United States
    except upon filing bond with the Secretary of the Treasury in a sum
    double the value of said fur products and furs, and any duty
    thereon, conditioned upon compliance with the provisions of this
    section.
    (c) Verified statement of compliance
      A verified statement from the manufacturer, producer of, or
    dealer in, imported fur products and furs showing information
    required under the provisions of this subchapter may be required
    under regulations prescribed by the Secretary of the Treasury.

-SOURCE-
    (Aug. 8, 1951, ch. 298, Sec. 6, 65 Stat. 178.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Tariff Act of 1930, referred to in subsecs. (a) and (b), is
    act June 17, 1930, ch. 497, 46 Stat. 590, as amended, which is
    classified generally to chapter 4 (Sec. 1202 et seq.) of Title 19,
    Customs Duties. Title IV of the Tariff Act of 1930 is classified
    generally to subtitle III (Sec. 1401 et seq.) of chapter 4 of Title
    19. For complete classification of this Act to the Code, see
    section 1654 of Title 19 and Tables.
      The Federal Trade Commission Act, referred to in subsec. (b), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 69e                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
    Sec. 69e. Name guide for fur products

-STATUTE-
    (a) Fur Products Name Guide
      The Commission shall, with the assistance and cooperation of the
    Department of Agriculture and the Department of the Interior,
    within six months after August 8, 1951, issue, after holding public
    hearings, a register setting forth the names of hair, fleece, and
    fur-bearing animals, which shall be known as the Fur Products Name
    Guide. The names used shall be the true English names for the
    animals in question, or in the absence of a true English name for
    an animal, the name by which such animal can be properly identified
    in the United States.
    (b) Additions and deletions; public hearing
      The Commission may, from time to time, with the assistance and
    cooperation of the Department of Agriculture and Department of the
    Interior, after holding public hearings, add to or delete from such
    register the name of any hair, fleece, or fur-bearing animal.
    (c) Prevention of confusion or deception
      If the name of an animal (as set forth in the Fur Products Name
    Guide) connotes a geographical origin or significance other than
    the true country or place of origin of such animal, the Commission
    may require whenever such name is used in setting forth the
    information required by this subchapter, such qualifying statements
    as it may deem necessary to prevent confusion or deception.

-SOURCE-
    (Aug. 8, 1951, ch. 298, Sec. 7, 65 Stat. 179.)


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 69f                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
    Sec. 69f. Enforcement of subchapter

-STATUTE-
    (a) Enforcement by Federal Trade Commission
      (1) Except as otherwise specifically provided in this subchapter,
    sections 69a, 69d, and 69h(b) of this title shall be enforced by
    the Federal Trade Commission under rules, regulations, and
    procedure provided for in the Federal Trade Commission Act [15
    U.S.C. 41 et seq.].
      (2) The Commission is authorized and directed to prevent any
    person from violating the provisions of sections 69a, 69d, and
    69h(b) of this title in the same manner, by the same means, and
    with the same jurisdiction, powers, and duties as though all
    applicable terms and provisions of the Federal Trade Commission Act
    [15 U.S.C. 41 et seq.] were incorporated into and made a part of
    this subchapter; and any such person violating any provision of
    section 69a, 69d, or 69h(b) of this title shall be subject to the
    penalties and entitled to the privileges and immunities provided in
    said Federal Trade Commission Act as though the applicable terms
    and provisions of the said Act were incorporated into and made a
    part of this subchapter.
    (b) Rules and regulations for disclosure of information
      The Commission is authorized and directed to prescribe rules and
    regulations governing the manner and form of disclosing information
    required by this subchapter, and such further rules and regulations
    as may be necessary and proper for purposes of administration and
    enforcement of this subchapter.
    (c) Inspection, analysis, tests for fur products; cooperation with
      other governmental agencies
      The Commission is authorized (1) to cause inspections, analyses,
    tests, and examinations to be made of any fur product or fur
    subject to this subchapter; and (2) to cooperate, on matters
    related to the purposes of this subchapter, with any department or
    agency of the Government; with any State, Territory, or possession,
    or with the District of Columbia; or with any department, agency,
    or political subdivision thereof; or with any person.
    (d) Maintenance of records by manufacturer or dealer
      (1) Every manufacturer or dealer in fur products or furs shall
    maintain proper records showing the information required by this
    subchapter with respect to all fur products or furs handled by him,
    and shall preserve such records for at least three years.
      (2) The neglect or refusal to maintain and preserve such records
    is unlawful, and any such manufacturer or dealer who neglects or
    refuses to maintain and preserve such records shall forfeit to the
    United States the sum of $100 for each day of such failure which
    shall accrue to the United States and be recoverable by a civil
    action.

-SOURCE-
    (Aug. 8, 1951, ch. 298, Sec. 8, 65 Stat. 179.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in subsec. (a), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 69g                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
    Sec. 69g. Condemnation and injunction proceedings

-STATUTE-
    (a) Grounds for condemnation; disposition of merchandise
      (1) Any fur product or fur shall be liable to be proceeded
    against in the district court of the United States for the district
    in which found, and to be seized for confiscation by process of
    libel for condemnation, if the Commission has reasonable cause to
    believe such fur product or fur is being manufactured or held for
    shipment, or shipped, or held for sale or exchange after shipment,
    in commerce, in violation of the provisions of this subchapter, and
    if after notice from the Commission the provisions of this
    subchapter with respect to such fur product or fur are not shown to
    be complied with. Proceedings in such libel cases shall conform as
    nearly as may be to suits in rem in admiralty, and may be brought
    by the Commission.
      (2) If such fur products or furs are condemned by the court, they
    shall be disposed of, in the discretion of the court, by
    destruction, by sale, by delivery to the owner or claimant thereof
    upon payment of legal costs and charges and upon execution of good
    and sufficient bond to the effect that such fur or fur products
    will not be disposed of until properly marked, advertised, and
    invoiced as required under the provisions of this subchapter; or by
    such charitable disposition as the court may deem proper. If such
    furs or fur products are disposed of by sale, the proceeds, less
    legal costs and charges, shall be paid into the Treasury of the
    United States as miscellaneous receipts.
    (b) Grounds for temporary injunction or restraining order; issuance
      without bond
      Whenever the Commission has reason to believe that - 
        (1) any person is volating,(!1) or is about to violate, section
      69a, 69d, or 69h(b) of this title; and

        (2) it would be to the public interest to enjoin such violation
      until complaint is issued by the Commission under the Federal
      Trade Commission Act [15 U.S.C. 41 et seq.] and such complaint
      dismissed by the Commission or set aside by the court on review,
      or until order to cease and desist made thereon by the Commission
      has become final within the meaning of said Act,

    the Commission may bring suit in the district court of the United
    States or in the United States court of any Territory, for the
    district or Territory in which such person resides or transacts
    business, to enjoin such violation, and upon proper showing a
    temporary injunction or restraining order shall be granted without
    bond.

-SOURCE-
    (Aug. 8, 1951, ch. 298, Sec. 9, 65 Stat. 180.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in subsec. (b)(2),
    is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.


-TRANS-
                           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.

-FOOTNOTE-
    (!1) So in original. Probably should be "violating,".


-End-



-CITE-
    15 USC Sec. 69h                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
    Sec. 69h. Guaranty

-STATUTE-
    (a) Avoidance of liability; requirements
      No person shall be guilty under section 69a of this title if he
    establishes a guaranty received in good faith signed by and
    containing the name and address of the person residing in the
    United States by whom the fur product or fur guaranteed was
    manufactured or from whom it was received, that said fur product is
    not misbranded or that said fur product or fur is not falsely
    advertised or invoiced under the provisions of this subchapter.
    Such guaranty shall be either (1) a separate guaranty specifically
    designating the fur product or fur guaranteed, in which case it may
    be on the invoice or other paper relating to such fur product or
    fur; or (2) a continuing guaranty filed with the Commission
    applicable to any fur product or fur handled by a guarantor, in
    such form as the Commission by rules and regulations may prescribe.
    (b) Furnishing false guaranty
      It shall be unlawful for any person to furnish, with respect to
    any fur product or fur, a false guaranty (except a person relying
    upon a guaranty to the same effect received in good faith signed by
    and containing the name and address of the person residing in the
    United States by whom the fur product or fur guaranteed was
    manufactured or from whom it was received) with reason to believe
    the fur product or fur falsely guaranteed may be introduced, sold,
    transported, or distributed in commerce, and any person who
    violates the provisions of this subsection is guilty of an unfair
    method of competition, and an unfair or deceptive act or practice,
    in commerce within the meaning of the Federal Trade Commission Act
    [15 U.S.C. 41 et seq.].

-SOURCE-
    (Aug. 8, 1951, ch. 298, Sec. 10, 65 Stat. 181.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in subsec. (b), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 69i                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
    Sec. 69i. Criminal penalty

-STATUTE-
      (a) Any person who willfully violates section 69a, 69d, or 69h(b)
    of this title shall be guilty of a misdemeanor and upon conviction
    shall be fined not more than $5,000, or be imprisoned not more than
    one year, or both, in the discretion of the court.
      (b) Whenever the Commission has reason to believe any person is
    guilty of a misdemeanor under this section, it shall certify all
    pertinent facts to the Attorney General, whose duty it shall be to
    cause appropriate proceedings to be brought for the enforcement of
    the provisions of this section against such person.

-SOURCE-
    (Aug. 8, 1951, ch. 298, Sec. 11, 65 Stat. 181.)


-TRANS-
                           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.

-End-



-CITE-
    15 USC Sec. 69j                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER IV - LABELING OF FUR PRODUCTS

-HEAD-
    Sec. 69j. Application of other laws

-STATUTE-
      The provisions of this subchapter shall be held to be in addition
    to, and not in substitution for or limitation of, the provisions of
    any other Act of Congress.

-SOURCE-
    (Aug. 8, 1951, ch. 298, Sec. 12, 65 Stat. 181.)

-End-


-CITE-
    15 USC SUBCHAPTER V - TEXTILE FIBER PRODUCTS
           IDENTIFICATION                                  01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
           SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION       

-End-



-CITE-
    15 USC Sec. 70                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70. Definitions

-STATUTE-
      As used in this subchapter - 
      (a) The term "person" means an individual, partnership,
    corporation, association or any other form of business enterprise.
      (b) The term "fiber" or "textile fiber" means a unit of matter
    which is capable of being spun into a yarn or made into a fabric by
    bonding or by interlacing in a variety of methods including
    weaving, knitting, braiding, felting, twisting, or webbing, and
    which is the basic structural element of textile products.
      (c) The term "natural fiber" means any fiber that exists as such
    in the natural state.
      (d) The term "manufactured fiber" means any fiber derived by a
    process of manufacture from any substance which, at any point in
    the manufacturing process, is not a fiber.
      (e) The term "yarn" means a strand of textile fiber in a form
    suitable for weaving, knitting, braiding, felting, webbing, or
    otherwise fabricating into a fabric.
      (f) The term "fabric" means any material woven, knitted, felted,
    or otherwise produced from, or in combination with, any natural or
    manufactured fiber, yarn, or substitute therefor.
      (g) The term "household textile articles" means articles of
    wearing apparel, costumes and accessories, draperies, floor
    coverings, furnishings, beddings, and other textile goods of a type
    customarily used in a household regardless of where used in fact.
      (h) The term "textile fiber product" means - 
        (1) any fiber, whether in the finished or unfinished state,
      used or intended for use in household textile articles;
        (2) any yarn or fabric, whether in the finished or unfinished
      state, used or intended for use in household textile articles;
      and
        (3) any household textile article made in whole or in part of
      yarn or fabric;

    except that such term does not include a product required to be
    labeled under the Wool Products Labeling Act of 1939 [15 U.S.C. 68
    et seq.].
      (i) The term "affixed" means attached to the textile fiber
    product in any manner.
      (j) The term "Commission" means the Federal Trade Commission.
      (k) The term "commerce" means commerce among the several States
    or with foreign nations, or in any Territory of the United States
    or in the District of Columbia, or between any such Territory and
    another, or between any such Territory and any State or foreign
    nation or between the District of Columbia and any State or
    Territory or foreign nation.
      (l) The term "Territory" includes the insular possessions of the
    United States, and also any Territory of the United States.
      (m) The term "ultimate consumer" means a person who obtains a
    textile fiber product by purchase or exchange with no intent to
    sell or exchange such textile fiber product in any form.

-SOURCE-
    (Pub. L. 85-897, Sec. 2, Sept. 2, 1958, 72 Stat. 1717.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Wool Products Labeling Act of 1939, referred to in subsec.
    (h)(3), is act Oct. 14, 1940, ch. 871, 54 Stat. 1128, as amended,
    which is classified generally to subchapter III (Sec. 68 et seq.)
    of this chapter. For complete classification of this Act to the
    Code, see Short Title note set out under section 68 of this title
    and Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Section 15 of Pub. L. 85-897 provided that: "This Act [this
    subchapter] shall take effect eighteen months after enactment
    [Sept. 2, 1958], except for the promulgation of rules and
    regulations by the Commission, which shall be promulgated within
    nine months after the enactment of this Act. The Commission shall
    provide for the exception of any textile fiber product acquired
    prior to the effective date of this Act."

                                SHORT TITLE                            
      Section 1 of Pub. L. 85-897 provided: "That this Act [this
    subchapter] may be cited as the 'Textile Fiber Products
    Identification Act'."

                               SEPARABILITY                           
      Section 13 of Pub. L. 85-897 provided that: "If any provision of
    this Act [this subchapter], or the application thereof to any
    person, as that term is herein defined, is held invalid, the
    remainder of the Act and the application of the remaining
    provisions to any person shall not be affected thereby."

-End-



-CITE-
    15 USC Sec. 70a                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70a. Violations of Federal Trade Commission Act

-STATUTE-
    (a) Introduction or manufacture for introduction into commerce,
      sale, advertising or offering for sale in commerce
      The introduction, delivery for introduction, manufacture for
    introduction, sale, advertising, or offering for sale, in commerce,
    or the transportation or causing to be transported in commerce, or
    the importation into the United States, of any textile fiber
    product which is misbranded or falsely or deceptively advertised
    within the meaning of this subchapter or the rules and regulations
    promulgated thereunder, is unlawful, and shall be an unfair method
    of competition and an unfair and deceptive act or practice in
    commerce under the Federal Trade Commission Act [15 U.S.C. 41 et
    seq.].
    (b) Sale, offering for sale, advertising, delivery, transportation
      of products advertised for sale in commerce
      The sale, offering for sale, advertising, delivery,
    transportation, or causing to be transported, of any textile fiber
    product which has been advertised or offered for sale in commerce,
    and which is misbranded or falsely or deceptively advertised,
    within the meaning of this subchapter or the rules and regulations
    promulgated thereunder, is unlawful, and shall be an unfair method
    of competition and an unfair and deceptive act or practice in
    commerce under the Federal Trade Commission Act [15 U.S.C. 41 et
    seq.].
    (c) Sale, offering for sale, advertising, delivery, transportation
      of products after shipment in commerce
      The sale, offering for sale, advertising, delivery,
    transportation, or causing to be transported, after shipment in
    commerce, of any textile fiber product, whether in its original
    state or contained in other textile fiber products, which is
    misbranded or falsely or deceptively advertised, within the meaning
    of this subchapter or the rules and regulations promulgated
    thereunder, is unlawful, and shall be an unfair method of
    competition and an unfair and deceptive act or practice in commerce
    under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].
    (d) Application of section to common carrier, freight forwarder,
      etc.
      This section shall not apply - 
        (1) to any common carrier or contract carrier or freight
      forwarder with respect to a textile fiber product received,
      shipped, delivered, or handled by it for shipment in the ordinary
      course of its business;
        (2) to any processor or finisher in performing a contract for
      the account of a person subject to the provisions of this
      subchapter if the processor or finisher does not change the
      textile fiber content of the textile fiber product contrary to
      the terms of such contract;
        (3) with respect to the manufacture, delivery for
      transportation, transportation, sale, or offering for sale of a
      textile fiber product for exportation from the United States to
      any foreign country;
        (4) to any publisher or other advertising agency or medium for
      the dissemination of advertising or promotional material, except
      the manufacturer, distributor, or seller of the textile fiber
      product to which the false or deceptive advertisement relates, if
      such publisher or other advertising agency or medium furnishes to
      the Commission, upon request, the name and post office address of
      the manufacturer, distributor, seller, or other person residing
      in the United States, who caused the dissemination of the
      advertising material; or
        (5) to any textile fiber product until such product has been
      produced by the manufacturer or processor in the form intended
      for sale or delivery to, or for use by, the ultimate consumer:
      Provided, That this exemption shall apply only if such textile
      fiber product is covered by an invoice or other paper relating to
      the marketing or handling of the textile fiber product and such
      invoice or paper correctly discloses the information with respect
      to the textile fiber product which would otherwise be required
      under section 70b of this title to be on the stamp, tag, label,
      or other identification and the name and address of the person
      issuing the invoice or paper.

-SOURCE-
    (Pub. L. 85-897, Sec. 3, Sept. 2, 1958, 72 Stat. 1718.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in subsecs. (a) to
    (c), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended,
    which is classified generally to subchapter I (Sec. 41 et seq.) of
    this chapter. For complete classification of this Act to the Code,
    see section 58 of this title and Tables.

-End-



-CITE-
    15 USC Sec. 70b                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70b. Misbranded and falsely advertised textile fiber products

-STATUTE-
    (a) False or deceptive identification
      Except as otherwise provided in this subchapter, a textile fiber
    product shall be misbranded if it is falsely or deceptively
    stamped, tagged, labeled, invoiced, advertised, or otherwise
    identified as to the name or amount of constituent fibers contained
    therein.
    (b) Stamp, tag, label or other means of identification; contents
      Except as otherwise provided in this subchapter, a textile fiber
    product shall be misbranded if a stamp, tag, label, or other means
    of identification, or substitute therefor authorized by section 70c
    of this title, is not on or affixed to the product showing in words
    and figures plainly legible, the following:
        (1) The constituent fiber or combination of fibers in the
      textile fiber product, designating with equal prominence each
      natural or manufactured fiber in the textile fiber product by its
      generic name in the order of predominance by the weight thereof
      if the weight of such fiber is 5 per centum or more of the total
      fiber weight of the product, but nothing in this section shall be
      construed as prohibiting the use of a nondeceptive trademark in
      conjunction with a designated generic name: Provided, That
      exclusive of permissible ornamentation, any fiber or group of
      fibers present in an amount of 5 per centum or less by weight of
      the total fiber content shall not be designated by the generic
      name or the trademark of such fiber or fibers, but shall be
      designated only as "other fiber" or "other fibers" as the case
      may be, but nothing in this section shall be construed as
      prohibiting the disclosure of any fiber present in a textile
      fiber product which has a clearly established and definite
      functional significance where present in the amount contained in
      such product.
        (2) The percentage of each fiber present, by weight, in the
      total fiber content of the textile fiber product, exclusive of
      ornamentation not exceeding 5 per centum by weight of the total
      fiber content: Provided, That, exclusive of permissible
      ornamentation, any fiber or group of fibers present in an amount
      of 5 per centum or less by weight of the total fiber content
      shall not be designated by the generic name or trademark of such
      fiber or fibers, but shall be designated only as "other fiber" or
      "other fibers" as the case may be but nothing in this section
      shall be construed as prohibiting the disclosure of any fiber
      present in a textile fiber product which has a clearly
      established and definite functional significance where present in
      the amount stated: Provided further, That in the case of a
      textile fiber product which contains more than one kind of fiber,
      deviation in the fiber content of any fiber in such product, from
      the amount stated on the stamp, tag, label, or other
      identification shall not be a misbranding under this section
      unless such deviation is in excess of reasonable tolerances which
      shall be established by the Commission: And provided further,
      That any such deviation which exceeds said tolerances shall not
      be a misbranding if the person charged proves that the deviation
      resulted from unavoidable variations in manufacture and despite
      due care to make accurate the statements on the tag, stamp,
      label, or other identification.
        (3) The name, or other identification issued and registered by
      the Commission, of the manufacturer of the product or one or more
      persons subject to section 70a of this title with respect to such
      product.
        (4) If it is an imported textile fiber product the name of the
      country where processed or manufactured.
        (5) If it is a textile fiber product processed or manufactured
      in the United States, it be so identified.
    (c) False or deceptive advertisement
      For the purposes of this subchapter, a textile fiber product
    shall be considered to be falsely or deceptively advertised if any
    disclosure or implication of fiber content is made in any written
    advertisement which is used to aid, promote, or assist directly or
    indirectly in the sale or offering for sale of such textile fiber
    product, unless the same information as that required to be shown
    on the stamp, tag, label, or other identification under subsection
    (b)(1) and (2) of this section is contained in the heading, body,
    or other part of such written advertisement, except that the
    percentages of the fiber present in the textile fiber product need
    not be stated.
    (d) Additional information allowed
      In addition to the information required in this section, the
    stamp, tag, label, or other means of identification, or
    advertisement may contain other information not violating the
    provisions of this subchapter.
    (e) Labelling of packages
       For purposes of this subchapter, in addition to the textile
    fiber products contained therein, a package of textile fiber
    products intended for sale to the ultimate consumer shall be
    misbranded unless such package has affixed to it a stamp, tag,
    label, or other means of identification bearing the information
    required by subsection (b) of this section, with respect to such
    contained textile fiber products, or is transparent to the extent
    it allows for the clear reading of the stamp, tag, label, or other
    means of identification on the textile fiber product, or in the
    case of hosiery items, this section shall not be construed as
    requiring the affixing of a stamp, tag, label, or other means of
    identification to each hosiery product contained in a package if
    (1) such hosiery products are intended for sale to the ultimate
    consumer in such package, (2) such package has affixed to it a
    stamp, tag, label, or other means of identification bearing, with
    respect to the hosiery products contained therein, the information
    required by subsection (b) of this section, and (3) the information
    on the stamp, tag, label, or other means of identification affixed
    to such package is equally applicable with respect to each textile
    fiber product contained therein.
    (f) Fabric severed from bolts, pieces or rolls of fabric
      This section shall not be construed as requiring designation of
    the fiber content of any portion of fabric, when sold at retail,
    which is severed from bolts, pieces, or rolls of fabric labeled in
    accordance with the provisions of this section at the time of such
    sale: Provided, That if any portion of fabric severed from a bolt,
    piece, or roll of fabric is in any manner represented as containing
    percentages of natural or manufactured fibers, other than that
    which is set forth on the labeled bolt, piece, or roll, this
    section shall be applicable thereto, and the information required
    shall be separately set forth and segregated as required by this
    section.
    (g) Advertisement of textile product by use of name or symbol of
      fur-bearing animal
      For the purposes of this subchapter, a textile fiber product
    shall be considered to be falsely or deceptively advertised if the
    name or symbol of any fur-bearing animal is used in the
    advertisement of such product unless such product, or the part
    thereof in connection with which the name or symbol of a fur-
    bearing animal is used, is a fur or fur product within the meaning
    of the Fur Products Labeling Act [15 U.S.C. 69 et seq.]: Provided,
    however, That where a textile fiber product contains the hair or
    fiber of a fur-bearing animal, the name of such animal, in
    conjunction with the word "fiber", "hair", or "blend", may be used.
    (h) Reused stuffing
      For the purposes of this subchapter, a textile fiber product
    shall be misbranded if it is used as stuffing in any upholstered
    product, mattress, or cushion after having been previously used as
    stuffing in any other upholstered product, mattress, or cushion,
    unless the upholstered product, mattress, or cushion containing
    such textile fiber product bears a stamp, tag, or label approved by
    the Commission indicating in words plainly legible that it contains
    reused stuffing.
    (i) Mail order catalog or promotional material
      For the purposes of this subchapter, a textile fiber product
    shall be considered to be falsely or deceptively advertised in any
    mail order catalog or mail order promotional material which is used
    in the direct sale or direct offering for sale of such textile
    fiber product, unless such textile fiber product description states
    in a clear and conspicuous manner that such textile fiber product
    is processed or manufactured in the United States of America, or
    imported, or both.
    (j) Location of stamp, tag, label, or other identification
      For purposes of this subchapter, any textile fiber product shall
    be misbranded if a stamp, tag, label, or other identification
    conforming to the requirements of this section is not on or affixed
    to the inside center of the neck midway between the shoulder seams
    or, if such product does not contain a neck, in the most
    conspicuous place on the inner side of such product, unless it is
    on or affixed on the outer side of such product, or in the case of
    hosiery items on the outer side of such product or package.
    (k) Marking of certain sock products
      (1) Notwithstanding any other provision of law, socks provided
    for in subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60,
    6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule of the
    United States, as in effect on September 1, 2003, shall be marked
    as legibly, indelibly, and permanently as the nature of the article
    or package will permit in such a manner as to indicate to the
    ultimate consumer in the United States the English name of the
    country of origin of the article. The marking required by this
    subsection shall be on the front of the package, adjacent to the
    size designation of the product, and shall be set forth in such a
    manner as to be clearly legible, conspicuous, and readily
    accessible to the ultimate consumer.
      (2) Exceptions. - Any package that contains several different
    types of goods and includes socks classified under subheading
    6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or
    6111.90.50 of the Harmonized Tariff Schedule of the United States,
    as in effect on September 1, 2003, shall not be subject to the
    requirements of paragraph (1).

-SOURCE-
    (Pub. L. 85-897, Sec. 4, Sept. 2, 1958, 72 Stat. 1719; Pub. L. 89-
    35, Secs. 1, 2, June 5, 1965, 79 Stat. 124; Pub. L. 98-417, title
    III, Secs. 301-303, Sept. 24, 1984, 98 Stat. 1603, 1604; Pub. L.
    108-429, title II, Sec. 2004(h)(1), Dec. 3, 2004, 118 Stat. 2594.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Harmonized Tariff Schedule of the United States, referred to
    in subsec. (k), is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of Title
    19, Customs Duties.
      The Fur Products Labeling Act, referred to in subsec. (g), is act
    Aug. 8, 1951, ch. 298, 65 Stat. 175, as amended, which is
    classified generally to subchapter IV (Sec. 69 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 69 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (k). Pub. L. 108-429 added subsec. (k).
      1984 - Subsec. (b)(5). Pub. L. 98-417, Sec. 301, added par. (5).
      Subsec. (e). Pub. L. 98-417, Sec. 302, amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "This
    section shall not be construed as requiring the affixing of a
    stamp, tag, label, or other means of identification to each textile
    fiber product contained in a package if (1) such textile fiber
    products are intended for sale to the ultimate consumer in such
    package, (2) such package has affixed to it a stamp, tag, label, or
    other means of identification bearing, with respect to the textile
    fiber products contained therein, the information required by
    subsection (b) of this section, and (3) the information on the
    stamp, tag, label, or other means of identification affixed to such
    package is equally applicable with respect to each textile fiber
    product contained therein."
      Subsecs. (i), (j). Pub. L. 98-417, Sec. 303, added subsecs. (i)
    and (j).
      1965 - Subsec. (b)(1). Pub. L. 89-35, Sec. 1, inserted ", but
    nothing in this section shall be construed as prohibiting the
    disclosure of any fiber present in a textile fiber product which
    has a clearly established and definite functional significance
    where present in the amount contained in such product".
      Subsec. (b)(2). Pub. L. 89-35, Sec. 2, inserted ", but nothing in
    this section shall be construed as prohibiting the disclosure of
    any fiber present in a textile fiber product which has a clearly
    established and definite functional significance where present in
    the amount stated".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-429, title II, Sec. 2004(h)(2), Dec. 3, 2004, 118
    Stat. 2594, provided that: "The amendment made by paragraph (1)
    [amending this section] shall take effect on the date that is 15
    months after the date of enactment of this Act [Dec. 3, 2004], and
    on and after the date that is 15 months after such date of
    enactment, any provision of part 303 of title 16, Code of Federal
    Regulations, that is inconsistent with such amendment shall not
    apply."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-417 effective 90 days after Sept. 24,
    1984, see section 307 of Pub. L. 98-417, set out as a note under
    section 68b of this title.

-End-



-CITE-
    15 USC Sec. 70c                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70c. Removal of stamp, tag, label, or other identification

-STATUTE-
    (a) Removal or mutilation after shipment in commerce
      After shipment of a textile fiber product in commerce it shall be
    unlawful, except as provided in this subchapter, to remove or
    mutilate, or cause or participate in the removal or mutilation of,
    prior to the time any textile fiber product is sold and delivered
    to the ultimate consumer, any stamp, tag, label, or other
    identification required by this subchapter to be affixed to such
    textile fiber product, and any person violating this section shall
    be guilty of an unfair method of competition, and an unfair or
    deceptive act or practice, under the Federal Trade Commission Act
    [15 U.S.C. 41 et seq.].
    (b) Substitution of stamp, tag, etc.
      Any person - 
        (1) introducing, selling, advertising, or offering for sale, in
      commerce, or importing into the United States, a textile fiber
      product subject to the provisions of this subchapter, or
        (2) selling, advertising, or offering for sale a textile fiber
      product whether in its original state or contained in other
      textile fiber products, which has been shipped, advertised, or
      offered for sale, in commerce,

    may substitute for the stamp, tag, label, or other means of
    identification required to be affixed to such textile product
    pursuant to section 70b(b) of this title, a stamp, tag, label, or
    other means of identification conforming to the requirements of
    section 70b(b) of this title, and such substituted stamp, tag,
    label, or other means of identification shall show the name or
    other identification issued and registered by the Commission of the
    person making the substitution.
    (c) Affixing of stamp, tag, etc. to individual unit of broken
      package
      If any person other than the ultimate consumer breaks a package
    which bears a stamp, tag, label, or other means of identification
    conforming to the requirements of section 70b of this title, and if
    such package contains one or more units of a textile fiber product
    to which a stamp, tag, label, or other identification conforming to
    the requirements of section 70b of this title is not affixed, such
    person shall affix a stamp, tag, label, or other identification
    bearing the information on the stamp, tag, label, or other means of
    identification attached to such broken package to each unit of
    textile fiber product taken from such broken package.

-SOURCE-
    (Pub. L. 85-897, Sec. 5, Sept. 2, 1958, 72 Stat. 1720.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in subsec. (a), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.

-End-



-CITE-
    15 USC Sec. 70d                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70d. Records

-STATUTE-
    (a) Maintenance and preservation by manufacturer
      Every manufacturer of textile fiber products subject to this
    subchapter shall maintain proper records showing the fiber content
    as required by this subchapter of all such products made by him,
    and shall preserve such records for at least three years.
    (b) Maintenance and preservation by person substituting stamp, tag,
      etc.
      Any person substituting a stamp, tag, label, or other
    identification pursuant to section 70c(b) of this title shall keep
    such records as will show the information set forth on the stamp,
    tag, label, or other identification that he removed and the name or
    names of the person or persons from whom such textile fiber product
    was received, and shall preserve such records for at least three
    years.
    (c) Neglect or refusal to maintain or preserve records
      The neglect or refusal to maintain or preserve the records
    required by this section is unlawful, and any person neglecting or
    refusing to maintain such records shall be guilty of an unfair
    method of competition, and an unfair or deceptive act or practice,
    in commerce, under the Federal Trade Commission Act [15 U.S.C. 41
    et seq.].

-SOURCE-
    (Pub. L. 85-897, Sec. 6, Sept. 2, 1958, 72 Stat. 1721.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in subsec. (c), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.

-End-



-CITE-
    15 USC Sec. 70e                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70e. Enforcement

-STATUTE-
    (a) Enforcement by Federal Trade Commission
      Except as otherwise specifically provided herein, this subchapter
    shall be enforced by the Federal Trade Commission under rules,
    regulations, and procedure provided for in the Federal Trade
    Commission Act [15 U.S.C. 41 et seq.].
    (b) Terms of Federal Trade Commission Act incorporated into this
      subchapter
      The Commission is authorized and directed to prevent any person
    from violating the provisions of this subchapter in the same
    manner, by the same means, and with the same jurisdiction, powers,
    and duties as though all applicable terms and provisions of the
    Federal Trade Commission Act [15 U.S.C. 41 et seq.] were
    incorporated into and made a part of this subchapter; and any such
    person violating the provisions of this subchapter shall be subject
    to the penalties and entitled to the privileges and immunities
    provided in said Federal Trade Commission Act, in the same manner,
    by the same means, and with the same jurisdiction, powers, and
    duties as though the applicable terms and provisions of the said
    Federal Trade Commission Act were incorporated into and made a part
    of this subchapter.
    (c) Rules and regulations by Federal Trade Commission
      The Commission is authorized and directed to make such rules and
    regulations, including the establishment of generic names of
    manufactured fibers, under and in pursuance of the terms of this
    subchapter as may be necessary and proper for administration and
    enforcement.
    (d) Inspection, analyses, tests, etc.
      The Commission is authorized to cause inspections, analyses,
    tests, and examinations to be made of any product subject to this
    subchapter.

-SOURCE-
    (Pub. L. 85-897, Sec. 7, Sept. 2, 1958, 72 Stat. 1721.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in subsecs. (a) and
    (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended,
    which is classified generally to subchapter I (Sec. 41 et seq.) of
    this chapter. For complete classification of this Act to the Code,
    see section 58 of this title and Tables.

-End-



-CITE-
    15 USC Sec. 70f                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70f. Injunction proceedings

-STATUTE-
      Whenever the Commission has reason to believe - 
        (a) that any person is doing, or is about to do, an act which
      by section 70a, 70c, 70d, 70g, or 70h(b) of this title is
      declared to be unlawful; and
        (b) that it would be to the public interest to enjoin the doing
      of such act until complaint is issued by the Commission under the
      Federal Trade Commission Act [15 U.S.C. 41 et seq.] and such
      complaint is dismissed by the Commission or set aside by the
      court on review or until an order to cease and desist made
      thereon by the Commission has become final within the meaning of
      the Federal Trade Commission Act,

    the Commission may bring suit in the district court of the United
    States or in the United States court of any Territory, for the
    district or Territory in which such person resides or transacts
    business, to enjoin the doing of such act and upon proper showing a
    temporary injunction or restraining order shall be granted without
    bond.

-SOURCE-
    (Pub. L. 85-897, Sec. 8, Sept. 2, 1958, 72 Stat. 1721.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in text, is act
    Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.

-End-



-CITE-
    15 USC Sec. 70g                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70g. Exclusion of misbranded textile fiber products

-STATUTE-
      All textile fiber products imported into the United States shall
    be stamped, tagged, labeled, or otherwise identified in accordance
    with the provisions of section 70b of this title, and all invoices
    of such products required pursuant to section 1484 of title 19,
    shall set forth, in addition to the matter therein specified, the
    information with respect to said products required under the
    provisions of section 70b(b) of this title, which information shall
    be in the invoices prior to their certification, if such
    certification is required pursuant to section 1484 of title 19. The
    falsification of, or failure to set forth the required information
    in such invoices, or the falsification or perjury of the
    consignee's declaration provided for in section 1485 of title 19,
    insofar as it relates to such information, is unlawful, and shall
    be an unfair method of competition, and an unfair and deceptive act
    or practice, in commerce under the Federal Trade Commission Act [15
    U.S.C. 41 et seq.]; and any person who falsifies, or perjures the
    consignee's declaration insofar as it relates to such information,
    may thenceforth be prohibited by the Commission from importing, or
    participating in the importation of, any textile fiber product into
    the United States except upon filing bond with the Secretary of the
    Treasury in a sum double the value of said products and any duty
    thereon, conditioned upon compliance with the provisions of this
    subchapter. A verified statement from the manufacturer or producer
    of such products showing their fiber content as required under the
    provisions of this subchapter may be required under regulation
    prescribed by the Secretary of the Treasury.

-SOURCE-
    (Pub. L. 85-897, Sec. 9, Sept. 2, 1958, 72 Stat. 1722.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in text, is act
    Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.

-End-



-CITE-
    15 USC Sec. 70h                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70h. Guaranty

-STATUTE-
    (a) Avoidance of liability; requirements
      No person shall be guilty of an unlawful act under section 70a of
    this title if he establishes a guaranty received in good faith,
    signed by and containing the name and address of the person
    residing in the United States by whom the textile fiber product
    guaranteed was manufactured or from whom it was received, that said
    product is not misbranded or falsely invoiced under the provisions
    of this subchapter. Said guaranty shall be (1) a separate guaranty
    specifically designating the textile fiber product guaranteed, in
    which case it may be on the invoice or other paper relating to said
    product; or (2) a continuing guaranty given by seller to the buyer
    applicable to all textile fiber products sold to or to be sold to
    buyer by seller in a form as the Commission, by rules and
    regulations, may prescribe; or (3) a continuing guaranty filed with
    the Commission applicable to all textile fiber products handled by
    a guarantor in such form as the Commission by rules and regulations
    may prescribe.
    (b) Furnishing false guaranty
      The furnishing of a false guaranty, except where the person
    furnishing such false guaranty relies on a guaranty to the same
    effect received in good faith signed by and containing the name and
    address of the person residing in the United States by whom the
    product guaranteed was manufactured or from whom it was received,
    is unlawful, and shall be an unfair method of competition, and an
    unfair and deceptive act or practice, in commerce, within the
    meaning of the Federal Trade Commission Act [15 U.S.C. 41 et seq.].

-SOURCE-
    (Pub. L. 85-897, Sec. 10, Sept. 2, 1958, 72 Stat. 1722.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in subsec. (b), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 58 of this title and Tables.

-End-



-CITE-
    15 USC Sec. 70i                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70i. Criminal penalty

-STATUTE-
      (a) Any person who willfully does an act which by section 70a,
    70c, 70d, 70g, or 70h(b) of this title is declared to be unlawful
    shall be guilty of a misdemeanor and upon conviction shall be fined
    not more than $5,000 or be imprisoned not more than one year, or
    both, in the discretion of the court: Provided, That nothing in
    this section shall limit any other provision of this subchapter.
      (b) Whenever the Commission has reason to believe that any person
    is guilty of a misdemeanor under this section, it may certify all
    pertinent facts to the Attorney General. If, on the basis of the
    facts certified, the Attorney General concurs in such belief, it
    shall be his duty to cause appropriate proceedings to be brought
    for the enforcement of the provisions of this section against such
    person.

-SOURCE-
    (Pub. L. 85-897, Sec. 11, Sept. 2, 1958, 72 Stat. 1723.)

-End-



-CITE-
    15 USC Sec. 70j                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70j. Exemptions

-STATUTE-
      (a) None of the provisions of this subchapter shall be construed
    to apply to - 
        (1) upholstery stuffing, except as provided in section 70b(h)
      of this title;
        (2) outer coverings of furniture, mattresses, and box springs;
        (3) linings or interlinings incorporated primarily for
      structural purposes and not for warmth;
        (4) filling or padding incorporated primarily for structural
      purposes and not for warmth;
        (5) stiffenings, trimmings, facings, or interfacings;
        (6) backings of, and paddings or cushions to be used under,
      floor coverings;
        (7) sewing and handicraft threads;
        (8) bandages, surgical dressings, and other textile fiber
      products, the labeling of which is subject to the requirements of
      the Federal Food, Drug and Cosmetic Act of 1938, as amended [21
      U.S.C. 301 et seq.];
        (9) waste materials not intended for use in a textile fiber
      product;
        (10) textile fiber products incorporated in shoes or overshoes
      or similar outer footwear;
        (11) textile fiber products incorporated in headwear, handbags,
      luggage, brushes, lampshades, or toys, catamenial devices,
      adhesive tapes and adhesive sheets, cleaning cloths impregnated
      with chemicals, or diapers.

    The exemption provided for any article by paragraph (3) or (4) of
    this subsection shall not be applicable if any representation as to
    fiber content of such article is made in any advertisement, label,
    or other means of identification covered by section 70b of this
    title.
      (b) The Commission may exclude from the provisions of this
    subchapter other textile fiber products (1) which have an
    insignificant or inconsequential textile fiber content, or (2) with
    respect to which the disclosure of textile fiber content is not
    necessary for the protection of the ultimate consumer.

-SOURCE-
    (Pub. L. 85-897, Sec. 12, Sept. 2, 1958, 72 Stat. 1723.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Food, Drug and Cosmetic Act of 1938, referred to in
    subsec. (a)(8), is act June 25, 1938, ch. 675, 52 Stat. 1040, as
    amended, which is classified generally to chapter 9 (Sec. 301 et
    seq.) of Title 21, Food and Drugs. For complete classification of
    this Act to the Code, see section 301 of Title 21 and Tables.

-End-



-CITE-
    15 USC Sec. 70k                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER V - TEXTILE FIBER PRODUCTS IDENTIFICATION

-HEAD-
    Sec. 70k. Application of other laws

-STATUTE-
      The provisions of this subchapter shall be held to be in addition
    to, and not in substitution for or limitation of, the provisions of
    any other Act of the United States.

-SOURCE-
    (Pub. L. 85-897, Sec. 14, Sept. 2, 1958, 72 Stat. 1724.)

-End-


-CITE-
    15 USC SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF
           COMPETITION                                     01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-
        SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION    

-End-



-CITE-
    15 USC Sec. 71                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-
    Sec. 71. "Person" defined

-STATUTE-
      When used in this subchapter the term "person" includes
    partnerships, corporations, and associations.

-SOURCE-
    (Sept. 8, 1916, ch. 463, title VIII, Sec. 800, 39 Stat. 798.)

-End-



-CITE-
    15 USC Sec. 72                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-
    Sec. 72. Repealed.

-MISC1-
    Sec. 72. Repealed. Pub. L. 108-429, title II, Sec. 2006(a), Dec. 3,
      2004, 118 Stat. 2597.
      Section, act Sept. 8, 1916, ch. 463, title VIII, Sec. 801, 39
    Stat. 798, related to importation or sale of articles at less than
    market value or wholesale price.

                             SAVINGS PROVISION                         
      Pub. L. 108-429, title II, Sec. 2006(b), Dec. 3, 2004, 118 Stat.
    2597, provided that: "The repeal made by subsection (a) [repealing
    this section] shall not affect any action under section 801 of the
    Act referred to in subsection (a) [this section] that was commenced
    before the date of the enactment of this Act [Dec. 3, 2004] and is
    pending on such date."

-End-



-CITE-
    15 USC Sec. 73                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-
    Sec. 73. Agreements involving restrictions in favor of imported
      goods

-STATUTE-
      If any article produced in a foreign country is imported into the
    United States under any agreement, understanding, or condition that
    the importer thereof or any other person in the United States shall
    not use, purchase, or deal in, or shall be restricted in his using,
    purchasing, or dealing in, the articles of any other person, there
    shall be levied, collected, and paid thereon, in addition to the
    duty otherwise imposed by law, a special duty equal to double the
    amount of such duty: Provided, That the above shall not be
    interpreted to prevent the establishing in this country on the part
    of a foreign producer of an exclusive agency for the sale in the
    United States of the products of said foreign producer or merchant,
    nor to prevent such exclusive agent from agreeing not to use,
    purchase, or deal in the article of any other person, but this
    proviso shall not be construed to exempt from the provisions of
    this section any article imported by such exclusive agent if such
    agent is required by the foreign producer or if it is agreed
    between such agent and such foreign producer that any agreement,
    understanding or condition set out in this section shall be imposed
    by such agent upon the sale or other disposition of such article to
    any person in the United States.

-SOURCE-
    (Sept. 8, 1916, ch. 463, title VIII, Sec. 802, 39 Stat. 799.)

-End-



-CITE-
    15 USC Sec. 74                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-
    Sec. 74. Rules and regulations

-STATUTE-
      The Secretary of the Treasury shall make such rules and
    regulations as are necessary for the carrying out of the provisions
    of section 73 of this title.

-SOURCE-
    (Sept. 8, 1916, ch. 463, title VIII, Sec. 803, 39 Stat. 799.)

-End-



-CITE-
    15 USC Sec. 75                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-
    Sec. 75. Retaliation against country prohibiting importations

-STATUTE-
      Whenever any country, dependency, or colony shall prohibit the
    importation of any article the product of the soil or industry of
    the United States and not injurious to health or morals, the
    President shall have power to prohibit, during the period such
    prohibition is in force, the importation into the United States of
    similar articles, or in case the United States does not import
    similar articles from that country, then other articles, the
    products of such country, dependency, or colony.
      And the Secretary of the Treasury, with the approval of the
    President, shall make such rules and regulations as are necessary
    for the execution of the provisions of this section.

-SOURCE-
    (Sept. 8, 1916, ch. 463, title VIII, Sec. 804, 39 Stat. 799.)

-End-



-CITE-
    15 USC Sec. 76                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-
    Sec. 76. Retaliation against restriction of importations in time of
      war

-STATUTE-
      Whenever, during the existence of a war in which the United
    States is not engaged, the President shall be satisfied that there
    is reasonable ground to believe that under the laws, regulations,
    or practices of any country, colony, or dependency contrary to the
    law and practice of nations, the importation into their own or any
    other country, dependency, or colony of any article the product of
    the soil or industry of the United States and not injurious to
    health or morals is prevented or restricted the President is
    authorized and empowered to prohibit or restrict during the period
    such prohibition or restriction is in force, the importation into
    the United States of similar or other articles, products of such
    country, dependency, or colony as in his opinion the public
    interest may require; and in such case he shall make proclamation
    stating the article or articles which are prohibited from
    importation into the United States; and any person or persons who
    shall import, or attempt or conspire to import, or be concerned in
    importing, such article or articles, into the United States
    contrary to the prohibition in such proclamation, shall be liable
    to a fine of not less than $2,000 nor more than $50,000, or to
    imprisonment not to exceed two years, or both, in the discretion of
    the court. The President may change, modify, revoke, or renew such
    proclamation in his discretion.

-SOURCE-
    (Sept. 8, 1916, ch. 463, title VIII, Sec. 805, 39 Stat. 799.)

-End-



-CITE-
    15 USC Sec. 77                                              01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 2 - FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
                 PREVENTION OF UNFAIR METHODS OF COMPETITION
    SUBCHAPTER VI - PREVENTION OF UNFAIR METHODS OF COMPETITION

-HEAD-
    Sec. 77. Discrimination against neutral Americans in time of war

-STATUTE-
      Whenever, during the existence of a war in which the United
    States is not engaged, the President shall be satisfied that there
    is reasonable ground to believe that any vessel, American or
    foreign, is, on account of the laws, regulations, or practices of a
    belligerent Government, making or giving any undue or unreasonable
    preference or advantage in any respect whatsoever to any particular
    person, company, firm, or corporation, or any particular
    description of traffic in the United States or its possessions or
    to any citizens of the United States residing in neutral countries
    abroad, or is subjecting any particular person, company, firm, or
    corporation or any particular description of traffic in the United
    States or its possessions, or any citizens of the United States
    residing in neutral countries abroad to any undue or unreasonable
    prejudice, disadvantage, injury, or discrimination in regard to
    accepting, receiving, transporting, or delivering, or refusing to
    accept, receive, transfer, or deliver any cargo, freight, or
    passengers, or in any other respect whatsoever, he is authorized
    and empowered to direct the detention of such vessels by
    withholding clearance or by formal notice forbidding departure, and
    to revoke, modify, or renew any such direction.
      Whenever, during the existence of a war in which the United
    States is not engaged, the President shall be satisfied that there
    is reasonable ground to believe that under the laws, regulations,
    or practices of any belligerent country or Government, American
    ships or American citizens are not accorded any of the facilities
    of commerce which the vessels or citizens of that belligerent
    country enjoy in the United States or its possessions, or are not
    accorded by such belligerent equal privileges or facilities of
    trade with vessels or citizens of any nationality other than that
    of such belligerent, the President is authorized and empowered to
    withhold clearance from one or more vessels of such belligerent
    country until such belligerent shall restore to such American
    vessels and American citizens reciprocal liberty of commerce and
    equal facilities of trade; or the President may direct that similar
    privileges and facilities, if any, enjoyed by vessels or citizens
    of such belligerent in the United States or its possessions be
    refused to vessels or citizens of such belligerent; and in such
    case he shall make proclamation of his direction, stating the
    facilities and privileges which shall be refused, and the
    belligerent to whose vessels or citizens they are to be refused,
    and thereafter the furnishing of such prohibited privileges and
    facilities to any vessel or citizen of the belligerent named in
    such proclamation shall be unlawful; and he may change, modify,
    revoke, or renew such proclamation; and any person or persons who
    shall furnish or attempt or conspire to furnish or be concerned in
    furnishing or in the concealment of furnishing facilities or
    privileges to ships or persons contrary to the prohibition in such
    proclamation shall be liable to a fine of not less than $2,000 nor
    more than $50,000 or to imprisonment not to exceed two years, or
    both, in the discretion of the court.
      In case any vessel which is detained by virtue of this subchapter
    shall depart or attempt to depart from the jurisdiction of the
    United States without clearance or other lawful authority, the
    owner or master or person or persons having charge or command of
    such vessel shall be severally liable to a fine of not less than
    $2,000 nor more than $10,000, or to imprisonment not to exceed two
    years, or both, and in addition such vessel shall be forfeited to
    the United States.
      The President of the United States is authorized and empowered to
    employ such part of the land or naval forces of the United States
    as shall be necessary to carry out the purposes of this subchapter.

-SOURCE-
    (Sept. 8, 1916, ch. 463, title VIII, Sec. 806, 39 Stat. 799.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation to Secretary of Homeland Security of authority
    vested in President by this section, see section 1(j), (k) of Ex.
    Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out
    as a note under section 301 of Title 3, The President.

-End-