Defense
Production Act of September 8, 1950
Voluntary Agreements and Programs (89 Stat. 810) SECTION 708
(a) Except as specifically
provided in subsection (j) of this section, no provision of this Act
(50 USC App. 2061 et seq.) shall be deemed to convey to any person
any immunity from civil or criminal liability, or to create defenses
to actions, under the antitrust laws.
(b) Definitions.
For purposes of this Act—
(1) The term “antitrust laws” has
the meaning given to such term in subsection (a) of the first section
of the Clayton Act, except that such term includes section 5 of the
Federal Trade Commission Act to the extent that such section 5 applies
to unfair methods of competition.
(2) The term “plan of action” means
any of 1 or more documented methods adopted by participants in an
existing voluntary agreement to implement that agreement.
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(c) (1) Upon finding that conditions
exist which may pose a direct threat to the national defense or its
preparedness programs, the President may consult with representatives
of industry, business, financing, agriculture, labor, and other interests
in order to provide for the making by such persons, with the approval
of the President, of voluntary agreements and plans of action to help
provide for the 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.
(2) The authority granted to the President in paragraph (1) and subsection
(d) may be delegated by him (A) to individuals who are appointed by
and with the advice and consent of the Senate, or are holding offices
to which they have been appointed by and with the advice and consent
of the Senate, (B) upon the condition that such individuals consult
with the Attorney General and with the Federal Trade Commission not
less than ten days before consulting with any persons under paragraph
(1), and (C) upon the condition that such individuals obtain the prior
approval of the Attorney General, after consultation by the Attorney
General with the Federal Trade Commission, to consult under paragraph
(1).
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(d) (1) To achieve the objectives
of subsection (c)(1) of this section, the President or any individual
designated pursuant to subsection (c)(2) may provide for the establishment
of such advisory committees as he determines are necessary. In addition
to the requirements specified in this section and except as provided
in subsection (n), any such advisory committee shall be subject to
the provisions of the Federal Advisory Committee Act (50 USC App.),
whether or not such Act or any of its provisions expire or terminate
during the term of this Act (50 USC App. 2061 et seq.) or of such
committees, and in all cases such advisory committees shall be chaired
by a Federal employee (other than an individual employed pursuant
to section 3109 of title 5, United States Code) and shall include
representatives of the public. The Attorney General and the Federal
Trade Commission shall have adequate advance notice of any meeting
and may have an official representative attend and participate in
any such meeting.
(2)
A full and complete verbatim transcript shall be kept of such advisory
committee meetings, and shall be taken and deposited, together with
any agreement resulting therefrom, with the Attorney General and the
Federal Trade Commission. Such transcript and agreement shall be made
available for public inspection and copying, subject to the provisions
of paragraphs (1), (3), and (4) of section 552(b) of title 5, United
States Code.
[50 USC, App. 2158 (a)-(d). As amended by acts of Sept. 26, 1961
(75 Stat. 667); Dec. 23, 1969 (83 Stat. 376); Dec. 16, 1975 (89 Stat.
810); and Aug. 17, 1991 (105 Stat 487). In considering the objectives
of the Defense Production Act, see the declaration of policy in section
2 (50 USC, App. 2062) and the purpose of price and wage stabilization
in section 401 (50 USC, App. 2101).]
