by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever, so that they form part of or are in anywise controlled by any combination in the form of an unlawful trust, with consent of lessee, or form the subject of any contract or conspiracy in restraint of trade in the mining or selling of coal, entered into by the lessee, or of any holding of such lands by any individual, partnership, association, corporation, or control, in excess of two thousand five hundred and sixty acres in the Territory of Alaska, the lease thereof shall be forfeited by appropriate court proceedings. CONTRACTS FOR CARRYING THE MAIL, R. S. 3950 49 SEC. 3950. No contract for carrying the mail shall be made with any person who has entered, or proposed to enter, into any combination to prevent the making of any bid for carrying the mail, or who has made any agreement, or given or performed, or promised to give or perform, any consideration whatever to induce any other person not to bid for any such contract; and if any person so offending is a contractor for carrying the mail, his contract may be annulled; and for the first offense the person so offending shall be disqualified to contract for carrying the mail for five years, and for the second offense shall be forever disqualified. PUBLIC, No. 81, SIXTY-FOURTH CONGRESS 50 SEC. 7. That whenever in the judgment of the Postmaster General the bids received for any star route are exorbitant or unreasonable, or whenever he has reason to believe that a combination of bidders has been entered into to fix the rate for star-route service, the Postmaster General be, and he is hereby, authorized, out of the appropriation for inland transportation by star routes, to employ and use such means or methods to provide the desired service as he may deem expedient, without reference to existing law or laws respecting the employment of personal service or the procurement of conveyances, materials, or supplies. PUBLIC LAW 772, EIGHTIETH CONGRESS 51 No contract for furnishing supplies to the Post Office Department or the postal service shall be made with any person who has entered, or proposed to enter, into any combination to prevent the making of any bid for furnishing such supplies, or to fix a price or prices therefor, or who has made any agreement, or given or performed, or promised to give or perform, any consideration whatever to induce any other person not to bid for any such contract, or to bid at a specified price or prices thereon. Whoever violates this section shall be fined not more than $5,000 or imprisoned not more than one year, or both; and if the offender is a contractor for furnishing such supplies his contract may be annulled. 49 R. S. & 3950; 39 U. S. C. 432 (1872). 50 39 Stat. 161; 39 U. S. C. 433 (1916). relating to bids for the carrying of mail. 51 62 Stat. 704; 18 U. S. C. 441 (1948). PUBLIC, No. 422, SIXTY-NINTH CONGRESS 52 PAR. 3. The Secretary of the Navy is authorized to build at any navy yard or naval factory any of the aircraft, spare parts, or equipment herein authorized should it reasonably appear that the persons, firms, or corporations, or the agents thereof, bidding for the construction of any of said aircraft, spare parts, or equipment have entered into any combination, agreement, or understanding the effect, object, or purpose of which is to deprive the Government of fair, open, and unrestricted competition in letting contracts for the construction of any of said aircraft, spare parts, or equipment, or should it reasonably appear that any persons, firm, or corporation, or the agents thereof, being solely or peculiarly in position to manufacture, or furnish the particular type or design of aircraft, spare parts, or equipment required by the Navy, in bidding on such aircraft, spare parts, or equipment, have named a price in excess of cost of production plus a reasonable profit. * * * SURPLUS PROPERTY ACT OF 1944 53 SEC. 2. The Congress hereby declares that the objectives of this Act are to facilitate and regulate the orderly disposal of surplus property so as (a) to assure the most effective use of such property for war purposes and the common defense; (b) to give maximum aid in the reestablishment of a peacetime economy of free independent private enterprise, the development of the maximum of independent operators in trade, industry, and agriculture, and to stimulate full employment; (c) to facilitate the transition of enterprises from wartime to peacetime production and of individuals from wartime to peacetime employment; (d) to discourage monopolistic practices and to strengthen and preserve the competitive position of small business concerns in an economy of free enterprise; (e) to foster and to render more secure family-type farming as the traditional and desirable pattern of American agriculture; (f) to afford returning veterans an opportunity to establish themselves as proprietors of agricultural, business, and professional enterprises; (g) to encourage and foster post-war employment opportunities; (h) to assure the sale of surplus property in such quantities and on such terms as will discourage disposal to speculators or for speculative purposes; (i) to establish and develop foreign markets and promote mutually advantageous economic relations between the United States and other countries by the orderly disposition of surplus property in other countries; (j) to avoid disclocations of the domestic economy and of international economic relations; (k) to foster the wide distribution of surplus commodities to consumers at fair prices; 52 44 Stat. 766; 34 U. S. C. 749a (1926). 58 58 Stat. 766; 50 App. U. S. C. 1611 ff.; Public, No. 457, 78th Cong. (1944). (1) to effect broad and equitable distribution of surplus property; (m) to achieve the prompt and full utilization of surplus property at fair prices to the consumer through disposal at home and abroad with due regard for the protection of free markets and competitive prices from dislocation resulting from uncontrolled dumping; (n) to utilize normal channels of trade and commerce to the extent consistent with efficient and economic distribution and the promotion of the general objectives of this Act (without discriminating against the establishment of new enterprises); (o) to promote production, employment of labor, and utilization of the productive capacity and the natural and agricultural resources of the country; (p) to foster the development of new independent enterprise; (q) to prevent insofar as possible unusual and excessive profits being made out of surplus property; (r) to dispose of surplus property as promptly as feasible without fostering monopoly or restraint of trade, or unduly disturbing the economy, or encouraging hoarding of such property, and to facilitate prompt redistribution of such property to consumers; (s) to dispose of surplus Government-owned transportation facilities and equipment in such manner as to promote an adequate and economical national transportation system; and (t) except as otherwise provided, to obtain for the Government, as nearly as possible, the fair value of surplus property upon its disposition. FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 54 TITLE II-PROPERTY MANAGEMENT APPLICABILITY OF ANTITRUST LAWS SEC. 207.55 Whenever any executive agency shall begin negotiations for the disposition to private interests of a plant or plants, or other property, which cost the Government $1,000,000 or more, or of patents, processes, techniques, or inventions, irrespective of cost, the executive agency shall promptly notify the Attorney General of the proposed disposal and the probable terms or conditions thereof. Within a reasonable time, in no event to exceed sixty days after receiving such notification, the Attorney General shall advise the Administrator and the interested executive agency whether, insofar as he can determine, the proposed disposition would tend to create or maintain a situation inconsistent with the antitrust laws. Upon the request of the Attorney General, the Administrator or interested executive agency shall furnish or cause to be furnished such information as it may possess which the Attorney General determines to be appropriate or necessary to enable him to give the advice called for by this section or to determine whether any other disposition or proposed disposition of surplus property violates the antitrust laws. Nothing in this Act shall impair, amend, or modify the antitrust laws or limit and prevent their application to persons who buy or otherwise acquire property under 54 63 Stat. 391; Public Law 152, 81st Cong. (1949). Formerly in sec. 20 of Surplus Property Act of 1944. Sec. 105 of the above act abolished the War Assets Administration, and transferred the functions of the War Assets Administrator to the Administrator of General Services. the provisions of this Act. As used in this section the term "antitrust laws" includes the Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended; the Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended; the Federal Trade Commission Act (38 Stat. 717), as amended; and sections 73 and 74 of the Act of August 27, 1894 (28 Stat. 570), as amended. TITLE III-PROCUREMENT PROCEDURE DECLARATION OF PURPOSE SEC. 301. The purpose of this title is to facilitate the procurement of supplies and services. APPLICATION AND PROCUREMENT METHODS SEC. 302. * * * (b) It is the declared policy of the Congress that a fair proportion of the total purchases and contracts for supplies and services for the Government shall be placed with small-business concerns. ARMED SERVICES PROCUREMENT ACT OF 1947 56 SEC. 2. * * * * * * (b) It is the declared policy of the Congress that a fair proportion of the total purchases and contracts for supplies and services for the Government shall be placed with small-business concerns. * * * (c) All purchases and contracts for supplies and services shall be made by advertising, as provided in section 3, except that such purchases and contracts may be negotiated by the agency head without advertising if— * * * * (15) for supplies or services as to which the agency head determines that the bid prices after advertising therefor are not reasonable or have not been independently arrived at in open competition * * * * (d) If the opinion of the agency head bids received after advertising evidence any violation of the antitrust laws he shall refer such bids to the Attorney General for appropriate action. COMMUNICATIONS ACT OF 1934 57 REFUSAL OF LICENSES AND PERMITS IN CERTAIN CASES SEC. 311. The Commission is hereby directed to refuse a station license and/or the permit hereinafter required for the construction of a station to any person (or to any person directly or indirectly controlled by such person) whose license has been revoked by a court 50 62 Stat. 21; 41 U. S. C. 151; Public Law 413, 80th Cong. 57 48 Stat. 1086; 47 U. S. C. 311; Public, No. 416, 73d Cong. under section 313, and is hereby authorized to refuse such station license and/or permit to any other person (or to any person directly or indirectly controlled by such person) which has been finally adjudged guilty by a Federal court of unlawfully monopolizing or attempting unlawfully to monopolize, radio communication, directly or indirectly, through the control of the manufacture or sale of radio apparatus, through exclusive traffic arrangements, or by any other means, or to have been using unfair methods of competition. The granting of a license shall not estop the United States or any person aggrieved from proceeding against such person for violating the law against unfair methods of competition or for a violation of the law against unlawful restraints and monopolies and/or combinations, contracts, or agreements in restraint of trade, or from instituting proceedings for the dissolution of such corporation. ATOMIC ENERGY ACT OF 1946 58 UTILIZATION OF ATOMIC ENERGY SEC. 7. (a) LICENSE REQUIRED.-It shall be unlawful, except as provided in sections 5 (a) (4) (A) or (B) or 6 (a), for any person to manufacture, produce, or export any equipment or device utilizing fissionable material or atomic energy or to utilize fissionable material or atomic energy with or without such equipment or device, except under and in accordance with a license issued by the Commission authorizing such manufacture, production, export, or utilization. No license may permit any such activity if fissionable material is produced incident to such activity, except as provided in sections 3 and 4. Nothing in this section shall be deemed to require a license for the conduct of research or development activities relating to the manufacture of such equipment or devices or the utilization of fissionable material or atomic energy, or for the manufacture or use of equipment or devices for medical therapy. (b) REPORT TO CONGRESS.-Whenever in its opinion any industrial, commercial, or other nonmilitary use of fissionable material or atomic energy has been sufficiently developed to be of practical value, the Commission shall prepare a report to the President stating all the facts with respect to such use, the Commission's estimate of the social, political, economic, and international effects of such use and the Commission's recommendations for necessary or desirable supplemental legislation. The President shall then transmit this report to the Congress together with his recommendation. No license for any manufacture, production, export, or use shall be issued by the Commission under this section until after (1) a report with respect to such manufacture, production, export, or use has been filed with the Congress; and (2) a period of ninety days in which the Congress was in session has elapsed after the report has been so filed. In computing such period of ninety days, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days. (c) ISSUANCE OF LICENSES.-After such ninety-day period, unless hereafter prohibited by law, the Commission may license such manufacture, production, export, or use in accordance with such pro 58 60 Stat. 764; 42 U. S. C. 1807; Public Law 585, 79th Cong. |