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NOTES:


Source

(Sept. 8, 1950, ch. 932, title VII, § 708, 64 Stat. 818; June 30, 1952, ch. 530, title I, § 116(c), 66 Stat. 305; Aug. 9, 1955, ch. 655, § 6, 69 Stat. 581; Pub. L. 87–305, § 5(b), Sept. 26, 1961, 75 Stat. 667; Pub. L. 91–151, title I, § 9, Dec. 23, 1969, 83 Stat. 376; Pub. L. 94–152, § 3, Dec. 16, 1975, 89 Stat. 810; Pub. L. 102–99, § 5, Aug. 17, 1991, 105 Stat. 487; Pub. L. 111–67, § 9, Sept. 30, 2009, 123 Stat. 2018.)

References in Text

The Federal Advisory Committee Act, referred to in subsecs. (d)(1) and (n), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.

Amendments

2009—Subsec. (c)(1). Pub. L. 111–67, § 9(1)(A), substituted “national defense.” for “defense of the United States through the development of preparedness programs and the expansion of productive capacity and supply beyond levels needed to meet essential civilian demand in the United States.”
Subsec. (c)(3). Pub. L. 111–67, § 9(1)(B), added par. (3).
Subsec. (f)(2). Pub. L. 111–67, § 9(2), substituted “5 years” for “two years” in two places and substituted “5-year” for “two-year”.
Subsec. (n). Pub. L. 111–67, § 9(3), added subsec. (n) and struck out former subsec. (n). Prior to amendment, text read as follows: “Notwithstanding any other provision of law, any activity conducted under a voluntary agreement or plan of action approved pursuant to this section, when conducted in compliance with the requirements of this section, any regulation prescribed under this subsection, and the provisions of the voluntary agreement or plan of action, shall be exempt from the Federal Advisory Committee Act and any other Federal law and any Federal regulation relating to advisory committees.”
1991—Subsec. (a). Pub. L. 102–99, § 5(1), struck out “and subsection (j) of section 708A” after “subsection (j) of this section”.
Subsec. (b). Pub. L. 102–99, § 5(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “As used in this section and section 708A the term ‘antitrust laws’ means—
“(1) the Act entitled ‘An Act to protect trade and commerce against unlawful restraints and monopolies’, approved July 2, 1890 (15 U.S.C. 1 et seq.);
“(2) the Act entitled ‘An act to supplement existing laws against unlawful restraints and monopolies and for other purposes’, approved October 15, 1914 (15 U.S.C. 12 et seq.);
“(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);
“(4) sections 73 and 74 of the Act entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’, approved August 27, 1894 (15 U.S.C. 8 and 9);
“(5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21a); and
“(6) the Act entitled ‘An Act to promote export trade and for other purposes’, approved April 10, 1918 (15 U.S.C. 61–65).”
Subsec. (c)(1). Pub. L. 102–99, § 5(3), inserted “and plans of action” after “voluntary agreements” and substituted “Upon” for “Except as otherwise provided in section 708A (o), upon”.
Subsec. (c)(2). Pub. L. 102–99, § 5(4), struck out at end “For the purpose of carrying out the objectives of title I of this Act, the authority granted in paragraph (1) of this subsection shall not be delegated to more than one individual.”
Subsec. (d)(1). Pub. L. 102–99, § 5(5), inserted “and except as provided in subsection (n)” after “specified in this section” and struck out “, and the meetings of such committees shall be open to the public” after “representatives of the public”.
Subsec. (d)(2). Pub. L. 102–99, § 5(6), substituted “paragraphs (1), (3), and (4) of section 552 (b)” for “section 552 (b)(1) and (b)(3)”.
Subsec. (e)(1). Pub. L. 102–99, § 5(7), substituted “voluntary agreements and plans of action” for “voluntary agreements”.
Subsec. (e)(3)(D). Pub. L. 102–99, § 5(8), substituted “section 552b (c)” for “subsection (b)(1) or (b)(3) of section 552”.
Subsec. (e)(3)(F). Pub. L. 102–99, § 5(9), inserted reference to Congress.
Subsec. (e)(3)(G). Pub. L. 102–99, § 5(10), substituted “paragraphs (1), (3), and (4) of section 552 (b)” for “subsections (b)(1) and (b)(3) of section 552”.
Subsec. (f)(1). Pub. L. 102–99, § 5(11)(A), inserted “or plan of action” after “voluntary agreement”.
Subsec. (f)(1)(A). Pub. L. 102–99, § 5(12), inserted “and submits a copy of such agreement or plan to the Congress” after “subsection (c)(1)”.
Pub. L. 102–99, § 5(11)(B), inserted “or plan” after “the agreement” wherever appearing.
Subsec. (f)(1)(B). Pub. L. 102–99, § 5(13), inserted before period “and publishes such finding in the Federal Register”.
Pub. L. 102–99, § 5(11)(A), inserted “or plan of action” after “voluntary agreement” wherever appearing.
Subsec. (f)(2). Pub. L. 102–99, § 5(14), inserted “and publish such certification or finding in the Federal Register” before “, in which case”.
Pub. L. 102–99, § 5(11), inserted “or plan” after “the agreement”, and “or plan of action” after “voluntary agreement” wherever appearing.
Subsec. (g). Pub. L. 102–99, § 5(11)(A), inserted “or plan of action” after “voluntary agreement”.
Subsec. (g)(1) to (3). Pub. L. 102–99, § 5(11)(B), inserted “or plan” after “the agreement”.
Subsec. (h). Pub. L. 102–99, § 5(15)(A), inserted “and plans of action” after “voluntary agreements”.
Subsec. (h)(1), (2). Pub. L. 102–99, § 5(15)(B), inserted “or plan of action” after “voluntary agreement” wherever appearing.
Subsec. (h)(3). Pub. L. 102–99, § 5(16), substituted “paragraph (1), (3), or (4) of section 552 (b)” for “subsections (b)(1) and (b)(3) of section 552”.
Pub. L. 102–99, § 5(15)(B), inserted “or plan of action” after “voluntary agreement”.
Subsec. (h)(4) to (6). Pub. L. 102–99, § 5(15)(B), inserted “or plan of action” after “voluntary agreement” wherever appearing.
Subsec. (h)(7), (8). Pub. L. 102–99, § 5(15)(B), (17), inserted “or plan of action” after “voluntary agreement” wherever appearing and substituted “section 552b (c)” for “subsection (b)(1) or (b)(3) of section 552”.
Subsec. (h)(9), (10). Pub. L. 102–99, § 5(15)(B), inserted “or plan of action” after “voluntary agreement” wherever appearing.
Subsec. (h)(11). Pub. L. 102–99, § 5(15)(C)–(E), added par. (11).
Subsec. (j). Pub. L. 102–99, § 5(18), added subsec. (j) and struck out former subsec. (j) which read as follows: “There shall be available as a defense for any person to any civil or criminal action brought for violation of the antitrust laws (or any similar law of any State) with respect to any act or omission to act to develop or carry out any voluntary agreement under this section that—
“(1) such act or omission to act was taken in good faith by that person—
“(A) in the course of developing a voluntary agreement under this section, or
“(B) to carry out a voluntary agreement under this section; and
“(2) such person fully complied with this section and the rules promulgated hereunder, and acted in accordance with the terms of the voluntary agreement.”
Subsec. (k). Pub. L. 102–99, § 5(19), inserted “and plans of action” after “voluntary agreements” wherever appearing.
Subsec. (l). Pub. L. 102–99, § 5(20), inserted “or plan of action” after “voluntary agreement”.
Subsecs. (n), (o). Pub. L. 102–99, § 5(21), added subsecs. (n) and (o).
1975—Subsec. (a). Pub. L. 94–152 substituted provisions relating to immunity from civil and criminal liability under the antitrust laws for provisions authorizing President to approve voluntary programs and agreements under section 2061 et seq. of this Appendix.
Subsec. (b). Pub. L. 94–152 substituted definition of “antitrust laws” for provisions exempting under certain conditions acts or omissions to act pursuant to section 2061 et seq. of this Appendix from the antitrust laws or the Federal Trade Commission Act.
Subsec. (c). Pub. L. 94–152 restructured subsec. (c) into pars. (1) and (2), and, as so restructured, inserted provisions of par. (1) authorizing President to consult with leaders of industry, finance, agriculture and labor with a view to developing voluntary agreements to help provide for the defense of the United States whenever he finds conditions exist which pose a threat to the national defense or preparedness programs and transferred existing provisions to par. (2), and, as transferred, substituted provisions which authorized President to delegate authority granted to him in par. (1) of this subsection and under subsec. (d) of this section, for provisions authorizing delegation of authority of subsec. (b) of this section.
Subsec. (d). Pub. L. 94–152 substituted provisions relating to establishment, membership, meetings, transcripts, etc. of advisory committees, for provisions relating to application of this section to acts or omissions to act after withdrawal of any request or finding under this section or withdrawal of approval of Attorney General.
Subsec. (e). Pub. L. 94–152 substituted provisions relating to promulgation of rules for voluntary agreements, procedures for promulgation and required provisions, for provisions relating to monitoring by Attorney General of agreements in force and reports to President and Congress.
Subsecs. (f) to (m). Pub. L. 94–152 added subsecs. (f) to (m).
1969—Subsec. (b). Pub. L. 91–151, § 9(a), struck out provision under which exemption from prohibitions of antitrust laws and application of Federal Trade Commission Act had been limited to only those voluntary agreements covering military equipment purchased by Defense Department.
Subsec. (f). Pub. L. 91–151, § 9(b), struck out subsec. (f) which prohibited approval of voluntary credit control agreements under this section after June 30, 1952.
1961—Subsec. (e). Pub. L. 87–305 struck out “, and the reports hereafter required,” after “Such surveys” and “within ninety days after the approval of this Act [Sept. 8, 1950], and” after “President” and substituted “studies of voluntary agreements and programs authorized by this section” for “such surveys and including such recommendations as he may deem desirable”.
1955—Subsec. (b). Act Aug. 9, 1955, § 6(1), inserted proviso.
Subsec. (d). Act Aug. 9, 1955, § 6(2), exempted subsequent acts or omissions to act upon withdrawal by Attorney General of his approval of voluntary agreement or program.
Subsec. (e). Act Aug. 9, 1955, § 6(3), (4), included studies of voluntary agreements and programs in surveys and reports, and required Attorney General to report to Congress at least once every three months.
1952—Subsec. (f). Act June 30, 1952, added subsec. (f).

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–99 effective Oct. 20, 1990, see section 7 of Pub. L. 102–99, set out as a note under section 2071 of this Appendix.

Effective Date of 1975 Amendment

Section 9 of Pub. L. 94–152, as amended by Pub. L. 94–153, Dec. 16, 1975, 89 Stat. 822; Pub. L. 94–220, Feb. 27, 1976, 90 Stat. 195, provided that: “This Act and the amendments made by it [enacting section 2158a of this Appendix, amending sections 2160, 2162, 2166, 2168, and 2169 of this Appendix, and enacting provisions set out as notes under this section and section 2061 of this Appendix] shall take effect at the close of November 30, 1975, except that the amendment made by section 3 [amending this section] shall take effect upon the one hundred and twentieth day beginning after the date of its enactment [Dec. 16, 1975].”

Effective Date of 1955 Amendment

Amendment by act Aug. 9, 1955, effective as of the close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a note under section 2062 of this Appendix.

Delegation of Functions

Functions conferred upon President under this section necessary to effect changes in composition of, or to take other action respecting voluntary agreements and programs relating to, small business production pools approved prior to July 31, 1953, delegated to Administrator of Small Business Administration by Ex. Ord. No. 10493, Oct. 14, 1953, 18 F.R. 6583, set out as a note under section 640 of Title 15, Commerce and Trade.
Functions of President under act Sept. 8, 1950 [section 2061 et seq. of this Appendix], relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15.
For delegation of authority of President under subsecs. (c) and (d) of this section to heads of each Federal department or agency, see sections 501 and 502 of Ex. Ord. No. 12919, June 3, 1994, 59 F.R. 29525, set out as a note under section 2153 of this Appendix.

Continuation in Effect of Existing Voluntary Agreements

Section 4 of Pub. L. 94–152 provided that:
“(a) Any voluntary agreement—
“(1) entered into under section 708 of the Defense Production Act of 1950 [this section] prior to the effective date of this Act [see Effective Date of 1975 Amendment note below], and
“(2) in effect immediately prior to such date may continue in effect (except as otherwise provided in section 708A(o) of the Defense Production Act of 1950, as amended by this Act) [former section 2158a (o) of this Appendix] and shall be carried out in accordance with such section 708, as amended by this Act, and such section 708A.
“(b) No provision of the Defense Production Act of 1950, as amended by this Act [see Short Title of 1975 Amendment note set out under section 2061 of this Appendix] shall be construed as granting immunity for, nor as limiting or in any way affecting any remedy or penalty which may result from any legal action or proceeding arising from, any acts or practices which occurred (1) prior to the date of enactment of this Act [Dec. 16, 1975], (2) outside the scope and purpose or not in compliance with the terms and conditions of the Defense Production Act of 1950 [see section 2061 of this Appendix], or (3) subsequent to the expiration or repeal of the Defense Production Act of 1950.
“(c) Effective on the date of enactment of this Act [Dec. 16, 1975], the immunity conferred by section 708 or 708A of the Defense Production Act of 1950, as amended by this Act [this section and section 2158a of this Appendix], shall not apply to any action taken or authorized to be taken by or under the Emergency Petroleum Allocation Act of 1973 [section 751 et seq. of Title 15, Commerce and Trade].”

Termination of Advisory Committees

Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

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