15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

submitted 112 years ago by ch. 311 to r/title-15-COMMERCE-AND-TRADE · 230 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Federal Trade Commission. Five Commissioners, appointed by the President and confirmed by the Senate, run it. No more than three can belong to the same political party.

This section creates the Federal Trade Commission, called "the Commission" in the law. It has five Commissioners. The President appoints them, with the advice and consent of the Senate. No more than three Commissioners can belong to the same political party. The first five Commissioners, appointed starting September 26, 1914, served terms of three, four, five, six, and seven years — the President decided which length each one got. Every Commissioner appointed after that first group serves a full seven-year term. Someone appointed to fill an empty seat only finishes out that seat's unexpired term, not a fresh seven years. Even after a Commissioner's term is officially over, that Commissioner keeps serving until a successor is appointed and qualified. The President chooses the chairman from among the Commission's members. A Commissioner can't take on any other business, job, or employment while serving. The President can remove a Commissioner, but only for inefficiency, neglecting their duties, or misconduct in office. If a seat on the Commission is vacant, the remaining Commissioners can still use all of the Commission's powers. The Commission has an official seal. Courts must recognize this seal automatically, without requiring proof that it's genuine.

the actual law source: uscode.house.gov ↗public domain

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..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 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 credit: (Sept. 26, 1914, ch. 311, § 1, 38 Stat. 717; Mar. 21, 1938, ch. 49, § 1, 52 Stat. 111; 1950 Reorg. Plan No. 8, § 3, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265.)

history & why it existsrecord from the source credit

1914Enacted · Act of Sept. 26, 1914, ch. 311 · 38 Stat. 717
1938Amended · Act of Mar. 21, 1938, ch. 49 · 52 Stat. 111

A history note hasn’t been published yet. The record shows enactment by ch. 311 on 1914-09-26.

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