15 U.S.C. § 42 — Employees; expenses

Page 49 TITLE 15—COMMERCE AND TRADE § 42 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 Presi- dent. 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 transmit- ting 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 Re- organization Act of 1949. The taking effect of the reorganizations included in this plan may not in itself result in substantial imme- diate savings. However, many benefits in improved op- erations 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 ex- perience 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 Sen- ate and the House of Representatives in Congress as- sembled, May 9, 1961, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amend- ed [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 divi- sion of the Commission, an individual Commissioner, a hearing examiner, or an employee or employee board, including functions with respect to hearing, deter- mining, 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 func- tions, 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, indi- vidual Commissioner, hearing examiner, employee or employee board, upon its own initiative or upon peti- tion of a party to or an intervenor in such action, with- in 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 be- fore the Commission for review. (c) Should the right to exercise such discretionary re- view 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 exam- iner, employee or employee board, shall, for all pur- poses, 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 provi- sions 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, in- cluding Commissioners, to perform such functions as may have been delegated by the Commission to Com- mission 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 reorganiza- tion 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 han- dling of the business before the Commission, permit- ting 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, indi- vidual 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, re- served to the Commission as a whole the right to re- view 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 re- viewed at the top level. Provision is also made, in order to maintain the fun- damental bipartisan concept explicit in the basic stat- ute 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 prob- lems to divisions of the Commission, to Commissioners, to hearing examiners, to employees and boards of em- ployees 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 ac- companying 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 tak- ing 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 reorganiza- tion plan to become effective. JOHN F. KENNEDY. § 42. Employees; expenses Each commissioner shall receive a salary, pay- able 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 attor- neys, special experts, examiners, clerks, and 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 of section 3301 et seq. of Title 5. 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 Em- ployees. 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 sec- tion 5504 (relating to biweekly pay periods) of Title 5. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Government Accountability Office’’ substituted in text for ‘‘General Accounting Office’’ pursuant to sec- tion 8(b) of Pub. L. 108–271, set out as a note under sec- tion 702 of Title 31, Money and Finance, which redesig- nated the General Accounting Office and any references thereto as the Government Accountability Office. Pre- viously, ‘‘General Accounting Office’’ substituted in text for ‘‘Auditor for the State and Other Depart- ments’’ 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted in text for ‘‘Civil Service Commission’’ pur- suant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Gov- ernment Organization and Employees, which trans- ferred 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 Commis- sion, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. § 43. Office and place of meeting 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 des- ignate, prosecute any inquiry necessary to its duties in any part of the United States. (Sept. 26, 1914, ch. 311, § 3, 38 Stat. 719.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commis- sion, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. § 44. Definitions The words defined in this section shall have the following meaning when found in this sub- chapter, to wit: ‘‘Commerce’’ means commerce among the sev- eral 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 for- eign 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, incor- porated or unincorporated, without shares of capital or capital stock or certificates of inter- est, except partnerships, which is organized to carry on business for its own profit or that of its members. ‘‘Documentary evidence’’ includes all docu- ments, papers, correspondence, books of ac- count, 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 amend- atory thereof and supplementary thereto. ‘‘Antitrust Acts’’ means the Act entitled ‘‘An Act to protect trade and commerce against un-