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15 U.S.C. § 1802 (COMMERCE AND TRADE)
§ 1802. Definitions
As used in this chapter—
(1) The term “antitrust law” means the Federal Trade Commission Act [15 U.S.C. 41 et seq.] and each statute defined by section 4 thereof [15 U.S.C. 44] as “Antitrust Acts” and all amendments to such Act and such statutes and any other Acts in pari materia.
(2) The term “joint newspaper operating arrangement” means any contract, agreement, joint venture (whether or not incorporated), or other arrangement entered into by two or more newspaper owners for the publication of two or more newspaper publications, pursuant to which joint or common production facilities are established or operated and joint or unified action is taken or agreed to be taken with respect to any one or more of the following: printing; time, method, and field of publication; allocation of production facilities; distribution; advertising solicitation; circulation solicitation; business department; establishment of advertising rates; establishment of circulation rates and revenue distribution: Provided, That there is no merger, combination, or amalgamation of editorial or reportorial staffs, and that editorial policies be independently determined.
(3) The term “newspaper owner” means any person who owns or controls directly, or indirectly through separate or subsidiary corporations, one or more newspaper publications.
(4) The term “newspaper publication” means a publication produced on newsprint paper which is published in one or more issues weekly (including as one publication any daily newspaper and any Sunday newspaper published by the same owner in the same city, community, or metropolitan area), and in which a substantial portion of the content is devoted to the dissemination of news and editorial opinion.
(5) The term “failing newspaper” means a newspaper publication which, regardless of its ownership or affiliations, is in probable danger of financial failure.
(6) The term “person” means any individual, and any partnership, corporation, association, or other legal entity existing under or authorized by the law of the United States, any State or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any foreign country.
(Pub. L. 91–353, § 3, July 24, 1970, 84 Stat. 466.)
heading: References in Text
text: The Federal Trade Commission Act, referred to in par. (1), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, 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.
15 U.S.C. § 1803 (COMMERCE AND TRADE)
§ 1803. Antitrust exemptions
(a) Joint operating arrangements entered into prior to July 24, 1970
It shall not be unlawful under any antitrust law for any person to perform, enforce, renew, or amend any joint newspaper operating arrangement entered into prior to July 24, 1970, if at the time at which such arrangement was first entered into, regardless of ownership or affiliations, not more than one of the newspaper publications involved in the performance of such arrangement was likely to remain or become a financially sound publication: Provided, That the terms of a renewal or amendment to a joint operating arrangement must be filed with the Department of Justice and that the amendment does not add a newspaper publication or newspaper publications to such arrangement.
(b) Written consent for future joint operating arrangements
It shall be unlawful for any person to enter into, perform, or enforce a joint operating arrangement, not already in effect, except with the prior written consent of the Attorney General of the United States. Prior to granting such approval, the Attorney General shall determine that not more than one of the newspaper publications involved in the arrangement is a publication other than a failing newspaper, and that approval of such arrangement would effectuate the policy and purpose of this chapter.
(c) Predatory practices not exempt
Nothing contained in the chapter shall be construed to exempt from any antitrust law any predatory pricing, any predatory practice, or any other conduct in the otherwise lawful operations of a joint newspaper operating arrangement which would be unlawful under any antitrust law if engaged in by a single entity. Except as provided in this chapter, no joint newspaper operating arrangement or any party thereto shall be exempt from any antitrust law.
(Pub. L. 91–353, § 4, July 24, 1970, 84 Stat. 467.)
15 U.S.C. § 1804 (COMMERCE AND TRADE)
§ 1804. Reinstatement of joint operating arrangements previously adjudged unlawful under antitrust laws
(a) Notwithstanding any final judgment rendered in any action brought by the United States under which a joint operating arrangement has been held to be unlawful under any antitrust law, any party to such final judgment may reinstitute said joint newspaper operating arrangement to the extent permissible under section 1803(a) of this title.
(b) The provisions of section 1803 of this title shall apply to the determination of any civil or criminal action pending in any district court of the United State 1 on July 24, 1970, in which it is alleged that any such joint operating agreement is unlawful under any antitrust law.
(Pub. L. 91–353, § 5, July 24, 1970, 84 Stat. 467.)
15 U.S.C. § 1822 (COMMERCE AND TRADE)
§ 1822. Congressional statement of findings
The Congress finds and declares that—
(1) the soring of horses is cruel and inhumane;
(2) horses shown or exhibited which are sore, where such soreness improves the performance of such horse, compete unfairly with horses which are not sore;
(3) the movement, showing, exhibition, or sale of sore horses in intrastate commerce adversely affects and burdens interstate and foreign commerce;
(4) all horses which are subject to regulation under this chapter are either in interstate or foreign commerce or substantially affect such commerce; and
(5) regulation under this chapter by the Secretary is appropriate to prevent and eliminate burdens upon commerce and to effectively regulate commerce.
(Pub. L. 91–540, § 3, Dec. 9, 1970, 84 Stat. 1405; Pub. L. 94–360, § 4, July 13, 1976, 90 Stat. 915.)
heading: Amendments
text: 1976—Pub. L. 94–360, among other changes, inserted findings stating that all horses subject to regulation under this chapter are either in interstate or foreign commerce or substantially affect interstate or foreign commerce, and that regulation by the Secretary is appropriate to eliminate burdens upon commerce.
15 U.S.C. § 1824a (COMMERCE AND TRADE)
§ 1824a. Export of horses
(a) Restriction on export of horses
Notwithstanding any other provision of law, no horse may be exported by sea from the United States, or any of its territories or possessions, unless such horse is part of a consignment of horses with respect to which a waiver has been granted under subsection (b) of this section.
(b) Granting of waivers
The Secretary of Commerce, in consultation with the Secretary of Agriculture, may issue regulations providing for the granting of waivers permitting the export by sea of a specified consignment of horses, if the Secretary of Commerce, in consultation with the Secretary of Agriculture, determines that no horse in that consignment is being exported for purposes of slaughter.
(c) Penalties
(1) Criminal penalty
Any person who knowingly violates this section or any regulation, order, or license issued under this section shall be fined not more than 5 times the value of the consignment of horses involved or $50,000, whichever is greater, or imprisoned not more than 5 years, or both.
(2) Civil penalty
The Secretary of Commerce, after providing notice and an opportunity for an agency hearing on the record, may impose a civil penalty of not to exceed $10,000 for each violation of this section or any regulation, order, or license issued under this section, either in addition to or in lieu of any other liability or penalty which may be imposed.
(Mar. 3, 1891, ch. 521, § 3, as added Pub. L. 99–64, title I, § 125, July 12, 1985, 99 Stat. 156.)
heading: Codification
text: Section was not enacted as part of the Horse Protection Act of 1970 which comprises this chapter.
Section was classified to section 466c of the former Appendix to Title 46, prior to the completion of the enactment of Title 46, Shipping, by Pub. L. 109–304, Oct. 6, 2006, 120 Stat. 1485.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7(j) of the Export Administration Act of 1979, section 2406(j) of Title 50, Appendix, War and National Defense, prior to the amendment of that Act by the Export Administration Amendments Act of 1985, Pub. L. 99–64, which enacted this section.
15 U.S.C. § 1826 (COMMERCE AND TRADE)
§ 1826. Notice of violations to Attorney General
Whenever the Secretary believes that a willful violation of this chapter has occurred and that prosecution is needed to obtain compliance with this chapter, he shall inform the Attorney General and the Attorney General shall take such action with respect to such matter as he deems appropriate.
(Pub. L. 91–540, § 7, Dec. 9, 1970, 84 Stat. 1406.)
15 U.S.C. § 1827 (COMMERCE AND TRADE)
§ 1827. Utilization of personnel of Department of Agriculture and officers and employees of consenting States; technical and other nonfinancial assistance to State
(a) Assistance from Department of Agriculture and States
The Secretary, in carrying out the provisions of this chapter, shall utilize, to the maximum extent practicable, the existing personnel and facilities of the Department of Agriculture. The Secretary is further authorized to utilize the officers and employees of any State, with its consent, and with or without reimbursement, to assist him in carrying out the provisions of this chapter.
(b) Assistance to States
The Secretary may, upon request, provide technical and other nonfinancial assistance (including the lending of equipment on such terms and conditions as the Secretary determines is appropriate) to any State to assist it in administering and enforcing any law of such State designed to prohibit conduct described in section 1824 of this title.
(Pub. L. 91–540, § 8, Dec. 9, 1970, 84 Stat. 1406; Pub. L. 94–360, § 8, July 13, 1976, 90 Stat. 920.)
heading: Amendments
text: 1976—Pub. L. 94–360 designated existing provisions as subsec. (a) and added subsec. (b).
15 U.S.C. § 1829 (COMMERCE AND TRADE)
§ 1829. Preemption of State laws; concurrent jurisdiction; prohibition on certain State action
No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together. Nor shall any provision of this chapter be construed to exclude the Federal Government from enforcing the provision of this chapter within any State, whether or not such State has enacted legislation on the same subject, it being the intent of the Congress to establish concurrent jurisdiction with the States over such subject matter. In no case shall any such State take any action pursuant to this section involving a violation of any such law of that State which would preclude the United States from enforcing the provisions of this chapter against any person.
(Pub. L. 91–540, § 10, Dec. 9, 1970, 84 Stat. 1406.)
15 U.S.C. § 1830 (COMMERCE AND TRADE)
§ 1830. Omitted
heading: Codification
text: Section, Pub. L. 91–540, § 11, Dec. 9, 1970, 84 Stat. 1406; Pub. L. 94–360, § 9, July 13, 1976, 90 Stat. 920; Pub. L. 104–66, title I, § 1012(b), Dec. 21, 1995, 109 Stat. 711, which required the Secretary of Agriculture to include information on matters covered by this chapter, together with recommendations for legislative and other action, as part of the annual report submitted to Congress under section 2155 of title 7, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 44 of House Document No. 103–7.
15 U.S.C. § 1831 (COMMERCE AND TRADE)
§ 1831. Authorization of appropriations
There are authorized to be appropriated to carry out this chapter $125,000 for the period beginning July 1, 1976, and ending September 30, 1976; and for the fiscal year beginning October 1, 1976, and for each fiscal year thereafter there are authorized to be appropriated such sums, not to exceed $500,000, as may be necessary to carry out this chapter.
(Pub. L. 91–540, § 12, Dec. 9, 1970, 84 Stat. 1407; Pub. L. 94–360, § 10, July 13, 1976, 90 Stat. 921.)
heading: Amendments
text: 1976—Pub. L. 94–360 substituted provisions authorizing $125,000 to be appropriated for the period beginning July 1, 1976 and ending September 30, 1976, and $500,000 to be appropriated for the fiscal year beginning October 1, 1976, and each fiscal year thereafter, to carry out the purposes of this chapter, for provisions authorizing not more than $100,000 to be appropriated annually to carry out the provisions of this chapter.
heading: Effective Date of 1976 Amendment
text: Section 10 of Pub. L. 94–360 provided that the amendment made by that section is effective July 1, 1976.
15 U.S.C. § 1842 (COMMERCE AND TRADE)
§ 1842. Authority for loan guarantees; terms and conditions
The Board, on such terms and conditions as it deems appropriate, may guarantee, or make commitments to guarantee, lenders against loss of principal or interest on loans that meet the requirements of this chapter.
(Pub. L. 92–70, § 3, Aug. 9, 1971, 85 Stat. 178.)
15 U.S.C. § 1843 (COMMERCE AND TRADE)
§ 1843. Limitations and conditions of loan guarantees
(a) Necessary findings
A guarantee of a loan may be made under this chapter only if—
(1) the Board finds that (A) the loan is needed to enable the borrower to continue to furnish goods or services and failure to meet this need would adversely and seriously affect the economy of or employment in the Nation or any region thereof, (B) credit is not otherwise available to the borrower under reasonable terms or conditions, and (C) the prospective earning power of the borrower, together with the character and value of the security pledged, furnish reasonable assurance that it will be able to repay the loan within the time fixed, and afford reasonable protection to the United States; and
(2) the lender certifies that it would not make the loan without such guarantee.
(b) Term of loans; renewal
Loans guaranteed under this chapter shall be payable in not more than five years, but may be renewable for not more than an additional three years.
(c) Interest rates, determination; guarantee fee
(1) Loans guaranteed under this chapter shall bear interest payable to the lending institutions at rates determined by the Board taking into account the reduction in risk afforded by the loan guarantee and rates charged by lending institutions on otherwise comparable loans.
(2) The Board shall prescribe and collect a guarantee fee in connection with each loan guaranteed under this chapter. Such fee shall reflect the Government’s administrative expense in making the guarantee and the risk assumed by the Government and shall not be less than an amount which, when added to the amount of interest payable to the lender of such loan, produces a total charge appropriate for loan agreements of comparable risk and maturity if supplied by the normal capital markets.
(Pub. L. 92–70, § 4, Aug. 9, 1971, 85 Stat. 178.)
15 U.S.C. § 1844 (COMMERCE AND TRADE)
§ 1844. Security for loan guarantees
In negotiating a loan guarantee under this chapter, the Board shall make every effort to arrange that the payment of the principal of and interest on any plan guaranteed shall be secured by sufficient property of the enterprise to collateralize fully the amount of the loan guarantee.
(Pub. L. 92–70, § 5, Aug. 9, 1971, 85 Stat. 179.)
15 U.S.C. § 1846 (COMMERCE AND TRADE)
§ 1846. Powers and duties
(a) Board; inspection of documents; disapproval of certain transactions
The Board is authorized to inspect and copy all accounts, books, records, memoranda, correspondence, and other documents of any enterprise which has received financial assistance under this chapter concerning any matter which may bear upon (1) the ability of such enterprise to repay the loan within the time fixed therefor; (2) the interests of the United States in the property of such enterprise; and (3) the assurance that there is reasonable protection to the United States. The Board is authorized to disapprove any transaction of such enterprise involving the disposition of its assets which may affect the repayment of a loan that has been guaranteed pursuant to the provisions of this chapter.
(b) Government Accountability Office; audit; report to Board and Congress
The Government Accountability Office shall make a detailed audit of all accounts, books, records, and transactions of any borrower with respect to which an application for a loan guarantee is made under this chapter. The Government Accountability Office shall report the results of such audit to the Board and to the Congress.
(Pub. L. 92–70, § 7, Aug. 9, 1971, 85 Stat. 180; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Amendments
text: 2004—Subsec. (b). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places.
15 U.S.C. § 1848 (COMMERCE AND TRADE)
§ 1848. Emergency loan guarantee fund
(a) Establishment; use; investment
There is established in the Treasury an emergency loan guarantee fund to be administered by the Board. The fund shall be used for the payment of the expenses of the Board and for the purpose of fulfilling the Board’s obligations under this chapter. Moneys in the fund not needed for current operations may be invested in direct obligations of, or obligations that are fully guaranteed as to principal and interest by, the United States or any agency thereof.
(b) Guarantee fee; deposits in fund
The Board shall prescribe and collect a guarantee fee in connection with each loan guaranteed by it under this chapter. Sums realized from such fees shall be deposited in the emergency loan guarantee fund.
(c) Payments; issuance of notes or other obligations when fund moneys insufficient: forms and denominations, maturities, terms and conditions, interest rate; public debt transaction
Payments required to be made as a consequence of any guarantee by the Board shall be made from the emergency loan guarantee fund. In the event that moneys in the fund are insufficient to make such payments, in order to discharge its responsibilities, the Board is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be prescribed by the Board with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31 and the purposes for which securities may be issued under that chapter are extended to include any purchase of such notes and obligations.
(Pub. L. 92–70, § 9, Aug. 9, 1971, 85 Stat. 181.)
heading: Codification
text: In subsec. (c), “chapter 31 of title 31” and “that chapter” substituted for “the Second Liberty Bond Act, as amended,” and “that Act”, respectively, on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
15 U.S.C. § 1849 (COMMERCE AND TRADE)
§ 1849. Federal Reserve banks as fiscal agents
Any Federal Reserve bank which is requested to do so shall act as fiscal agent for the Board. Each such fiscal agent shall be reimbursed by the Board for all expenses and losses incurred by it in acting as agent on behalf of the Board.
(Pub. L. 92–70, § 10, Aug. 9, 1971, 85 Stat. 181.)
15 U.S.C. § 1850 (COMMERCE AND TRADE)
§ 1850. Protection of Government’s interest
(a) Attorney General, enforcement authority; payments into emergency loan guarantee fund
The Attorney General shall take such action as may be appropriate to enforce any right accruing to the United States or any officer or agency thereof as a result of the issuance of guarantees under this chapter. Any sums recovered pursuant to this section shall be paid into the emergency loan guarantee fund.
(b) Recovery rights; subrogation
The Board shall be entitled to recover from the borrower, or any other person liable therefor, the amount of any payments made pursuant to any guarantee agreement entered into under this chapter, and upon making any such payment, the Board shall be subrogated to all the rights of the recipient thereof.
(Pub. L. 92–70, § 11, Aug. 9, 1971, 85 Stat. 181.)
15 U.S.C. § 1851 (COMMERCE AND TRADE)
§ 1851. Reports to Congress; recommendations
The Board shall submit to the Congress annually a full report of its operations under this chapter. In addition, the Board shall submit to the Congress a special report not later than June 30, 1973, which shall include a full report of the Board’s operations together with its recommendations with respect to the need to continue the guarantee program beyond the termination date specified in section 1852 of this title. If the Board recommends that the program should be continued beyond such termination date, it shall state its recommendations with respect to the appropriate board, agency, or corporation which should administer the program.
(Pub. L. 92–70, § 12, Aug. 9, 1971, 85 Stat. 182.)
15 U.S.C. § 1852 (COMMERCE AND TRADE)
§ 1852. Termination date
The authority of the Board to enter into any guarantee or to make any commitment to guarantee under this chapter terminates on December 31, 1973. Such termination does not affect the carrying out of any contract, guarantee, commitment, or other obligation entered into pursuant to this chapter prior to that date, or the taking of any action necessary to preserve or protect the interests of the United States in any amounts advanced or paid out in carrying on operations under this chapter.
(Pub. L. 92–70, § 13, Aug. 9, 1971, 85 Stat. 182.)
15 U.S.C. § 1861 to 1875 (COMMERCE AND TRADE)
§§ 1861 to 1875. Omitted
heading: Codification
text: Sections, Pub. L. 96–185, §§ 1–16, Jan. 7, 1980, 93 Stat. 1324, were omitted in view of the termination of authority to make commitments to guarantee or issue guarantees under this chapter on Dec. 31, 1983, pursuant to section 1875 of this title, and the total repayment of loans guaranteed under this chapter.
Section 1861 provided definitions for this chapter.
Section 1862 related to establishment and composition of Chrysler Corporation Loan Guarantee Board.
Section 1863 related to commitments for loan guarantees.
Section 1864 related to requirements of loan guarantees.
Section 1865 related to requirements applicable to employees.
Section 1866 related to employee stock ownership plan.
Section 1867 related to limitations on guarantee authority.
Section 1868 related to terms and conditions of loan guarantees.
Section 1869 related to inspection, audit, and investigation.
Section 1870 related to protection of Government’s interest.
Section 1871 related to long-term planning study.
Section 1872 related to ineligibility of guaranteed loans for purchase by or sale or issuance to Federal Financing Bank or other Federal entity partly or wholly owned by United States.
Section 1873 related to reports to Congress.
Section 1874 related to authorization of appropriations.
Section 1875 provided that authority to make commitments to guarantee or to issue guarantees under this chapter expires on Dec. 31, 1983.