§640 — Title 15 Commerce and Trade | U.S. Code

Summary

The President can work with small-business leaders to create voluntary agreements and programs that help the nation’s defense. If the President asks for such an agreement and finds it is in the public interest for national defense, actions taken under that agreement will not be treated as breaking the antitrust laws or the Federal Trade Commission Act. When the President makes such a request, changes it, or withdraws it, a copy must be sent to the Attorney General and the Chair of the Federal Trade Commission and it should be published in the Federal Register unless publishing would harm national security. The power to give the antitrust protection can only be given to an official who is appointed by the President and confirmed by the Senate. That official must consult with the Attorney General and the FTC Chair at least ten days before making any request or finding, and must get the Attorney General’s approval for any request before sending it. If the request or finding is withdrawn, or if the Attorney General withdraws approval, the protection stops for any acts after that.

Title 15, §640

Commerce and Trade — Source: USLM XML via OLRC

(a)The President is authorized to consult with representatives of small-business concerns with a view to encouraging the making by such persons with the approval of the President of voluntary agreements and programs to further the objectives of this chapter.

(b)No act or omission to act pursuant to this chapter which occurs while this chapter is in effect, if requested by the President pursuant to a voluntary agreement or program approved under subsection (a) of this section and found by the President to be in the public interest as contributing to the national defense, shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act [15 U.S.C. 41 et seq.] of the United States. A copy of each such request intended to be within the coverage of this section, and any modification or withdrawal thereof, shall be furnished to the Attorney General and the Chairman of the Federal Trade Commission when made, and it shall be published in the Federal Register unless publication thereof would, in the opinion of the President, endanger the national security.

(c)The authority granted in subsection (b) of this section shall be delegated only (1) to an official who shall for the purpose of such delegation be required to be appointed by the President by and with the advice and consent of the Senate, (2) upon the condition that such official consult with the Attorney General and the Chairman of the Federal Trade Commission not less than ten days before making any request or finding thereunder, and (3) upon the condition that such official obtain the approval of the Attorney General to any request thereunder before making the request.

(d)Upon withdrawal of any request or finding hereunder, or upon withdrawal by the Attorney General of his approval of the voluntary agreement or program on which the request or finding is based, the provisions of this section shall not apply to any subsequent act, or omission to act, by reason of such finding or request.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally 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 Tables.

Prior Provisions

Prior similar provisions were contained in section 217 of act

July 30, 1953, ch. 282, title II, 67 Stat. 239, which was previously classified to section 646 of this title. The provisions of section 211 of act

July 30, 1953, formerly classified to this section, were transferred to section 2[10] of Pub. L. 85–536, and are classified to section 639(d), (f) of this title. See Codification note set out under section 631 of this title.

Executive Documents

Ex. Ord. No. 10493. Delegation of Functions Ex. Ord. No. 10493, Oct. 14, 1953, 18 F.R. 6583, provided: section 1. The functions conferred upon the President by section 217 of the Small Business Act of 1953 [covered by this section] are hereby delegated to the Administrator of the Small Business Administration and shall be carried out as provided in the said section 217. Sec. 2. There is hereby delegated to the Administrator of the Small Business Administration so much of the functions conferred upon the President by section 708 of the Defense Production Act of 1950, as amended [50 U.S.C. 4558], as necessary to effect changes in the composition of, or to take other action respecting voluntary agreements and programs relating to, small-business production pools approved prior to

July 31, 1953, pursuant to the said section 708 [50 U.S.C. 4558]: Provided, That this section shall not be construed as limiting the authority of the Director of the Office of Defense Mobilization under Executive Order No. 10480 of

August 14, 1953 (18 F.R. 4939) [formerly set out as a note under section 2153 of the former Appendix to Title 50]. The functions delegated to the Administrator by this section shall be carried out as provided in section 708 of the Defense Production Act of 1950, as amended [50 U.S.C. 4558]. Sec. 3. Without prejudice to any action taken thereunder, Executive Order No. 10370 of

July 7, 1952 (17 F.R. 6141), is hereby revoked. Dwight D. Eisenhower.

§640 Voluntary Agreements Among Small-business Concerns