§ 640. — Voluntary agreements among smallbusiness concerns.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC640]
TITLE 15--COMMERCE AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 640. Voluntary agreements among small-business concerns
(a) Consultation with President
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) Exemption from certain laws; findings and requests; filing and
publication
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) Delegation of authority; consultation; approval of requests
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(d) Inapplicability of section when request or finding withdrawn
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.
(Pub. L. 85-536, Sec. 2[11], July 18, 1958, 72 Stat. 394.)
References in Text
The antitrust laws, referred to in subsec. (b), are classified
generally to chapter 1 (Sec. 1 et seq.) of this title.
The Federal Trade Commission Act, referred to in subsec. (b), is act
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified
generally to subchapter I (Sec. 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.
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 [section 2158 of Title 50, Appendix, War and National Defense],
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 [section 2158 of Title 50, Appendix]: 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 Title 50, Appendix]. 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 [section
2158 of Title 50, Appendix].
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.
