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15 U.S.C. § 1013 — Suspension until June 30, 1948, of applica-
Federal law — U.S. Code and appendices · legal_authorities
Page 1262
TITLE 15—COMMERCE AND TRADE
§ 1013
§ 1013. Suspension until June 30, 1948, of applica-
tion of certain Federal laws; Sherman Act ap-
plicable to agreements to, or acts of, boycott,
coercion, or intimidation
(a) Until June 30, 1948, the Act of July 2, 1890,
as amended, known as the Sherman Act, and the
Act of October 15, 1914, as amended, known as
the Clayton Act, and the Act of September 26,
1914, known as the Federal Trade Commission
Act [15 U.S.C. 41 et seq.], and the Act of June 19,
1936, known as the Robinson-Patman Anti-Dis-
crimination Act, shall not apply to the business
of insurance or to acts in the conduct thereof.
(b) Nothing contained in this chapter shall
render the said Sherman Act inapplicable to any
agreement to boycott, coerce, or intimidate, or
act of boycott, coercion, or intimidation.
(c)(1) Nothing contained in this chapter shall
modify, impair, or supersede the operation of
any of the antitrust laws with respect to the
business of health insurance (including the busi-
ness of dental insurance and limited-scope den-
tal benefits).
(2) Paragraph (1) shall not apply with respect
to making a contract, or engaging in a combina-
tion or conspiracy—
(A) to collect, compile, or disseminate his-
torical loss data;
(B) to determine a loss development factor
applicable to historical loss data;
(C) to perform actuarial services if such con-
tract, combination, or conspiracy does not in-
volve a restraint of trade; or
(D) to develop or disseminate a standard in-
surance policy form (including a standard ad-
dendum to an insurance policy form and
standard terminology in an insurance policy
form) if such contract, combination, or con-
spiracy is not to adhere to such standard form
or require adherence to such standard form.
(3)
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Page 1262
TITLE 15—COMMERCE AND TRADE
§ 1013
§ 1013. Suspension until June 30, 1948, of applica-
tion of certain Federal laws; Sherman Act ap-
plicable to agreements to, or acts of, boycott,
coercion, or intimidation
(a) Until June 30, 1948, the Act of July 2, 1890,
as amended, known as the Sherman Act, and the
Act of October 15, 1914, as amended, known as
the Clayton Act, and the Act of September 26,
1914, known as the Federal Trade Commission
Act [15 U.S.C. 41 et seq.], and the Act of June 19,
1936, known as the Robinson-Patman Anti-Dis-
crimination Act, shall not apply to the business
of insurance or to acts in the conduct thereof.
(b) Nothing contained in this chapter shall
render the said Sherman Act inapplicable to any
agreement to boycott, coerce, or intimidate, or
act of boycott, coercion, or intimidation.
(c)(1) Nothing contained in this chapter shall
modify, impair, or supersede the operation of
any of the antitrust laws with respect to the
business of health insurance (including the busi-
ness of dental insurance and limited-scope den-
tal benefits).
(2) Paragraph (1) shall not apply with respect
to making a contract, or engaging in a combina-
tion or conspiracy—
(A) to collect, compile, or disseminate his-
torical loss data;
(B) to determine a loss development factor
applicable to historical loss data;
(C) to perform actuarial services if such con-
tract, combination, or conspiracy does not in-
volve a restraint of trade; or
(D) to develop or disseminate a standard in-
surance policy form (including a standard ad-
dendum to an insurance policy form and
standard terminology in an insurance policy
form) if such contract, combination, or con-
spiracy is not to adhere to such standard form
or require adherence to such standard form.
(3) For purposes of this subsection—
(A) the term ‘‘antitrust laws’’ has the mean-
ing given it in subsection (a) of section 12 of
this title, except that such term includes sec-
tion 45 of this title to the extent that such sec-
tion 45 applies to unfair methods of competi-
tion;
(B) the term ‘‘business of health insurance
(including the business of dental insurance
and limited-scope dental benefits)’’ does not
include—
(i) the business of life insurance (including
annuities); or
(ii) the business of property or casualty in-
surance, including but not limited to—
(I) any insurance or benefits defined as
‘‘excepted benefits’’ under paragraph (1),
subparagraph (B) or (C) of paragraph (2), or
paragraph (3) of section 9832(c) of title 26
whether offered separately or in combina-
tion with insurance or benefits described
in paragraph (2)(A) of such section; and
(II) any other line of insurance that is
classified as property or casualty insur-
ance under State law;
(C) the term ‘‘historical loss data’’ means in-
formation respecting claims paid, or reserves
held for claims reported, by any person en-
gaged in the business of insurance; and
(D) the term ‘‘loss development factor’’
means an adjustment to be made to reserves
held for losses incurred for claims reported by
any person engaged in the business of insur-
ance, for the purpose of bringing such reserves
to an ultimate paid basis.
(Mar. 9, 1945, ch. 20, § 3, 59 Stat. 34; July 25, 1947,
ch. 326, 61 Stat. 448; Pub. L. 116–327, § 2(a), Jan.
13, 2021, 134 Stat. 5097.)
Editorial Notes
REFERENCES IN TEXT
Act of July 2, 1890, as amended, known as the Sher-
man Act, referred to in subsecs. (a) and (b), is classified
to sections 1 to 7 of this title.
Act of October 15, 1914, as amended, known as the
Clayton Act, referred to in subsec. (a), is act Oct. 15,
1914, ch. 323, 38 Stat. 730, which is classified generally
to sections 12, 13, 14 to 19, 21, and 22 to 27 of this title
and to 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.
Act of September 26, 1914, known as the Federal
Trade Commission Act, referred to in subsec. (a), is
generally classified to subchapter I (§ 41 et seq.) of
chapter 2 of this title. For complete classification of
this Act to the Code, see section 58 of this title and Ta-
bles.
Act of June 19, 1936, known as the Robinson-Patman
Anti-Discrimination Act, referred to in subsec. (a), is
act June 19, 1936, ch. 592, 49 Stat. 1526, known as the
Robinson-Patman Antidiscrimination Act and also as
the Robinson-Patman Price Discrimination Act, which
enacted sections 13a, 13b, and 21a of this title and
amended section 13 of this title. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 13 of this title and Tables.
AMENDMENTS
2021—Subsec. (c). Pub. L. 116–327 added subsec. (c).
1947—Act July 25, 1947, substituted ‘‘June 30, 1948’’ for
‘‘January 1, 1948’’.
Statutory Notes and Related Subsidiaries
RELATED PROVISION
Pub. L. 116–327, § 2(b), Jan. 13, 2021, 134 Stat. 5098, pro-
vided that: ‘‘For purposes of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent such
section applies to unfair methods of competition, sec-
tion 3(c) of the McCarran-Ferguson Act [15 U.S.C.
1013(c)] shall apply with respect to the business of
health insurance without regard to whether such busi-
ness is carried on for profit, notwithstanding the defini-
tion of ‘Corporation’ contained in section 4 of the Fed-
eral Trade Commission Act [15 U.S.C. 44].’’
§ 1014. Effect on other laws
Nothing contained in this chapter shall be
construed to affect in any manner the applica-
tion to the business of insurance of the Act of
July 5, 1935, as amended, known as the National
Labor Relations Act [29 U.S.C. 151 et seq.], or
the Act of June 25, 1938, as amended, known as
the Fair Labor Standards Act of 1938 [29 U.S.C.
201 et seq.], or the Act of June 5, 1920, known as
the Merchant Marine Act, 1920.
(Mar. 9, 1945, ch. 20, § 4, 59 Stat. 34.)
Editorial Notes
REFERENCES IN TEXT
Act of July 5, 1935, as amended, known as the Na-
tional Labor Relations Act, referred to in text, is act
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Until June 30, 1948, the Act of July 2, 1890, as amended, known as the Sherman Act, and the Act of October 15, 1914, as amended, known as the Clayton Act, and the Act of September 26, 1914, known as the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.], and the Act of June 19, 1936, known as the Robinson-Patman Anti-Discrimination Act, shall not apply to the business of insurance or to acts in the conduct thereof.
**(b)** Nothing contained in this chapter shall render the said Sherman Act inapplicable to any agreement to boycott, coerce, or intimidate, or act of boycott, coercion, or intimidation.
**(c)**
(1) Nothing contained in this chapter shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance (including the business of dental insurance and limited-scope dental benefits).
(2) Paragraph (1) shall not apply with respect to making a contract, or engaging in a combination or conspiracy—
(A) to collect, compile, or disseminate historical loss data;
(B) to determine a loss development factor applicable to historical loss data;
(C) to perform actuarial services if such contract, combination, or conspiracy does not involve a restraint of trade; or
(D) to develop or disseminate a standard insurance policy form (including a standard addendum to an insurance policy form and standard terminology in an insurance policy form) if such contract, combination, or conspiracy is not to adhere to such standard form or require adherence to such standard form.
(3) For purposes of this subsection—
(A) the term “antitrust laws” has the meaning given it in subsection (a) of [section 12 of th
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1013
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Federal law — U.S. Code and appendices · legal_authorities
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..11 So in original. 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 41
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Federal law — U.S. Code and appendices · legal_authorities
Page 48
TITLE 15—COMMERCE AND TRADE
§ 41
1 So in original.
Sec.
74.
Rules and regulations.
75.
Retaliation against country prohibiting im-
portations.
76.
Retaliation against restriction of importa-
tions in time of war.
77.
Discrimination against neutral Americans in
time of war.
SUBCHAPTER I—FEDERAL TRADE
COMMISSION
§ 41. Federal Trade Commission established;
membership; vacancies; seal
A commission is created and established, to be
known as the Federal Trade Commission (here-
inafter 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 mem-
bers of the same political party. The first Com-
missioners 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 un-
expired 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..1
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 re-
moved 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 a
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 41
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Federal law — U.S. Code and appendices · legal_authorities
The words defined in this section shall have the following meaning when found in this subchapter, to wit:
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 44
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Federal law — U.S. Code and appendices · legal_authorities
Page 50
TITLE 15—COMMERCE AND TRADE
§ 43
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 appro-
priated for by Congress.
With the exception of the secretary, a clerk to
each Commissioner, the attorneys, and such spe-
cial experts and examiners as the Commission
may from time to time find necessary for the
conduct of its work, all employees of the Com-
mission 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 Of-
fice of Personnel Management.
All of the expenses of the Commission, includ-
ing all necessary expenses for transportation in-
curred by the Commissioners or by their em-
ployees under their orders, in making any inves-
tigation, 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 Commis-
sion may rent suitable offices for its use.
The Government Accountability Office shall
receive and examine all accounts of expendi-
tures of the Commission.
(Sept. 26, 1914, ch. 311, § 2, 38 Stat. 718; June 10,
1921, ch. 18, title III, § 304, 42 Stat. 24; 1978 Reorg.
Plan No. 2, § 102, 43 F.R. 36037, 92 Stat. 3783; Pub.
L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
Editorial Notes
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
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 44
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.], except as provided in section 406(b) of said Act [[7 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227/b&num=0&edition=prelim)], 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 45
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Federal law — U.S. Code and appendices · legal_authorities
Page 51
TITLE 15—COMMERCE AND TRADE
§ 45
lawful 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’ ’’, ap-
proved February 12, 1913; and also the Act enti-
tled ‘‘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 for-
eign 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 author-
ity in civil, criminal, or administrative mat-
ters; and
(2) any multinational organization, to the
extent that it is acting on behalf of an entity
described in paragraph (1).
(Sept. 26, 1914, ch. 311, § 4, 38 Stat. 719; Mar. 21,
1938, ch. 49, § 2, 52 Stat. 111; Pub. L. 102–242, title
II, § 212(g)(1), Dec. 19, 1991, 105 Stat. 2302; Pub. L.
107–273, div. C, title IV, § 14102(c)(2)(B), Nov. 2,
2002, 116 Stat. 1921; Pub. L. 109–455, §§ 2, 13, Dec.
22, 2006, 120 Stat. 3372, 3382; Pub. L. 112–203, § 1,
Dec. 4, 2012, 126 Stat. 1484.)
AMENDMENT OF SECTION
For repeal of amendment by section 13 of Pub.
L. 109–455, see Termination Date of 2006 Amend-
ment note below.
Editorial
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 45
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Federal law — U.S. Code and appendices · legal_authorities
The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by (a) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (b) occurring in the current of commerce; (c) materially affecting, restraining, or controlling the flow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce; or (d) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 151
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Federal law — U.S. Code and appendices · legal_authorities
Page 36
TITLE 29—LABOR
§ 142
procurements; grants and other direct or indirect Fed-
eral investments; tax and trade administration and en-
forcement; administration and enforcement of labor,
employment, and other relevant laws; property man-
agement; and human resources management and labor
relations.
(b) ‘‘Worker organizing and collective bargaining’’
encompasses the private sector, State and local govern-
ments, and the Federal Government. It also includes
those sectors of the economy and those workers who
have not historically been able to unionize, or whose
ability to effectively collectively bargain or organize
has been undermined.
(c) the term ‘‘agency’’ refers to all agencies described
in section 3502(1) of title 44, United States Code, except
for the agencies described in section 3502(5) of title 44.
SEC. 4. Revocations. (a) Executive Order 13845 of July
19, 2018 (Establishing the President’s National Council
for the American Worker) [former 29 U.S.C. 3101 note],
and Executive Order 13931 of June 26, 2020 (Continuing
the President’s National Council for the American
Worker and the American Workforce Policy Advisory
Board) [former 29 U.S.C. 3101 note], are revoked.
(b) The Director of the Office of Management and
Budget and the heads of executive departments and
agencies shall promptly consider taking steps to re-
scind any orders, rules, regulations, guidelines, or poli-
cies, or portions thereof, implementing or enforcing
Executive Order 13845 or Executive Order 13931, as ap-
propriate and consistent with applicable law, including
the Administrative Procedure Act (5 U.S.C. 551 et seq.).
In addition, they shall abolish any personnel positions,
committees, task forces, or other entities established
pursuant to Executive Order 13845 or Ex
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Fair Labor Standards Act of 1938”.
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