15 U.S.C. § 1014 — Effect on other laws

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 Page 1263 TITLE 15—COMMERCE AND TRADE § 1021 July 5, 1935, ch. 372, 49 Stat. 449, which is classified gen- erally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables. Act of June 25, 1938, as amended, known as the Fair Labor Standards Act, referred to in text, is classified generally to chapter 8 (§ 201 et seq.) of Title 29. For complete classification of this Act to the Code, see sec- tion 201 of Title 29 and Tables. Act of June 5, 1920, known as the Merchant Marine Act, 1920, referred to in text, is ch. 250, 41 Stat. 988, which was classified principally to chapter 24 (§ 861 et seq.) of former Title 46, Shipping, which became chap- ter 24 of the former Appendix to Title 46. The Act was substantially repealed and the provisions thereof re- stated in Title 46, Shipping, by Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 500, and Pub. L. 109–304, Oct. 6, 2006, 120 Stat. 1485. Section 29 of the Act was transferred and is now classified to section 38 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 46 and of the former Appendix to Title 46, see Dis- position Table preceding section 101 of Title 46. § 1015. ‘‘State’’ defined As used in this chapter, the term ‘‘State’’ in- cludes the several States, Alaska, Hawaii, Puer- to Rico, Guam, and the District of Columbia. (Mar. 9, 1945, ch. 20, § 5, 59 Stat. 34; Aug. 1, 1956, ch. 852, § 4, 70 Stat. 908.) Editorial Notes AMENDMENTS 1956—Act Aug. 1, 1956, included ‘‘Guam’’ in definition of State. Executive Documents ADMISSION OF ALASKA AND HAWAII TO STATEHOOD Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48. CHAPTER 21—NATIONAL POLICY ON EMPLOYMENT AND PRODUCTIVITY Sec. 1021. Congressional declarations. 1022. Economic Report of President; coverage; sup- plementary reports; reference to Congres- sional joint committee; percentage rate of unemployment; definitions. 1022a. Medium-term economic goals and policies re- specting full employment and balanced growth. 1022b. Presentation of analysis respecting short- term and medium-term goals in Economic Report of President; mutually reinforcing means. 1022c. Inclusion of priority policies and programs in President’s Budget. 1022d. President’s Budget. 1022e. Inflation. 1022f. Advisory board or boards. 1023. Council of Economic Advisers. 1024. Joint Economic Committee. 1025. Printing of monthly publication by Joint Economic Committee entitled ‘‘Economic Indicators’’; distribution. 1026. Repealed. § 1021. Congressional declarations (a) Generally The Congress declares that it is the continuing policy and responsibility of the Federal Govern- ment to use all practicable means, consistent with its needs and obligations and other essen- tial national policies, and with the assistance and cooperation of both small and larger busi- nesses, agriculture, labor, and State and local governments, to coordinate and utilize all its plans, functions, and resources for the purpose of creating and maintaining, in a manner cal- culated to foster and promote free competitive enterprise and the general welfare, conditions which promote useful employment opportuni- ties, including self-employment, for those able, willing, and seeking to work, and promote full employment and production, increased real in- come, balanced growth, a balanced Federal budget, adequate productivity growth, proper attention to national priorities, achievement of an improved trade balance through increased ex- ports and improvement in the international competitiveness of agriculture, business, and in- dustry, and reasonable price stability as pro- vided in section 1022b(b) of this title. (b) Full opportunities for employment The Congress further declares and establishes as a national goal the fulfillment of the right to full opportunities for useful paid employment at fair rates of compensation of all individuals able, willing, and seeking to work. (c) Inflation The Congress further declares that inflation is a major national problem requiring improved government policies relating to food, energy, improved and coordinated fiscal and monetary management, the reform of outmoded rules and regulations of the Federal Government, the cor- rection of structural defects in the economy that prevent or seriously impede competition in private markets, and other measures to reduce the rate of inflation. (d) Coordination of Federal policies and pro- grams The Congress further declares that it is the purpose of the Full Employment and Balanced Growth Act of 1978 [15 U.S.C. 3101 et seq.] to im- prove the coordination and integration of the policies and programs of the Federal Govern- ment toward achievement of the objectives of such Act through better management, increased efficiency, and attention to long-range as well as short-range problems and to balancing the Federal budget. (e) Federal controls The Congress further declares that, although it is the purpose under the Full Employment and Balanced Growth Act of 1978 [15 U.S.C. 3101 et seq.] to seek diligently and to encourage the voluntary cooperation of the private sector in helping to achieve the objectives of such Act, no provisions of such Act or this chapter shall be used, with respect to any portion of the private sector of the economy, to provide for Federal Government control of production, employment, allocation of resources, or wages and prices, ex-