55 USC 4558 Voluntary agreements and plans of action...

§ 4557

TITLE 50—WAR AND NATIONAL DEFENSE

nation of the authority granted in any subchapter or section of this chapter, or of any rule,
regulation, or order issued thereunder, shall not
operate to defeat any suit, action, or prosecution, whether theretofore or thereafter commenced, with respect to any right, liability, or
offense incurred or committed prior to the termination date of such subchapter or of such
rule, regulation, or order. No costs shall be assessed against the United States in any proceeding under this chapter. All litigation arising
under this chapter or the regulations promulgated thereunder shall be under the supervision
and control of the Attorney General.
(Sept. 8, 1950, ch. 932, title VII, § 706, 64 Stat. 817;
July 31, 1951, ch. 275, title I, § 109(e), 65 Stat. 139.)
TERMINATION OF SECTION
For termination of section, see section 4564(a)
of this title.
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Sept. 8, 1950, ch. 932, 64 Stat.
798, known as the Defense Production Act of 1950, which
is classified principally to this chapter. For complete
classification of this Act to the Code, see section 4501
of this title and Tables.
AMENDMENTS
1951—Subsec. (a). Act July 31, 1951, broadened relief a
court may grant when Government seeks to enjoin violations.
Executive Documents
DELEGATION OF FUNCTIONS
Authority of President to implement the Defense
Production Act of 1950 (this chapter) in this subchapter—
(1) with respect to hoarding of health and medical
resources necessary to respond to the spread of
COVID–19 within the United States delegated to Secretary of Health and Human Services, see section
2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001,
set out as a note under section 4512 of this title;
(2) with respect to responding to the spread of
COVID–19 within the United States delegated to Secretary of Health and Human Services and Secretary
of Homeland Security, see section 2(a) of Ex. Ord. No.
13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note
under section 4511 of this title; and
(3) in addition to the delegation of authority in Ex.
Ord. No. 13911, delegated to Chief Executive Officer of
the United States International Development Finance Corporation, see section 2 of Ex. Ord. No. 13922,
May 14, 2020, 85 F.R. 30583, set out as a note under section 4532 of this title.
Functions of President under this chapter 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, Commerce and Trade.

§ 4557. Liability for compliance with invalid regulations; discrimination against orders or
contracts affected by priorities or allocations
No person shall be held liable for damages or
penalties for any act or failure to act resulting
directly or indirectly from compliance with a
rule, regulation, or order issued pursuant to this

Page 1012

chapter, notwithstanding that any such rule,
regulation, or order shall thereafter be declared
by judicial or other competent authority to be
invalid. No person shall discriminate against orders or contracts to which priority is assigned or
for which materials or facilities are allocated
under subchapter I of this chapter or under any
rule, regulation, or order issued thereunder, by
charging higher prices or by imposing different
terms and conditions for such orders or contracts than for other generally comparable orders or contracts, or in any other manner.
(Sept. 8, 1950, ch. 932, title VII, § 707, 64 Stat. 818;
June 30, 1952, ch. 530, title I, § 118, 66 Stat. 306.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Sept. 8, 1950, ch. 932, 64 Stat.
798, known as the Defense Production Act of 1950, which
is classified principally to this chapter. For complete
classification of this Act to the Code, see section 4501
of this title and Tables.
CODIFICATION
Section was formerly classified to section 2157 of the
former Appendix to this title prior to editorial reclassification and renumbering as this section.
AMENDMENTS
1952—Act June 30, 1952, in first sentence struck out
‘‘his’’ before ‘‘compliance with’’.

§ 4558. Voluntary agreements and plans of action
for preparedness programs and expansion of
production capacity and supply
(a) Immunity from civil and criminal liability or
defense to action under antitrust laws; exceptions
Except as specifically provided in subsection
(j) of this section, no provision of this chapter
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 chapter—
(1) Antitrust laws
The term ‘‘antitrust laws’’ has the meaning
given to such term in subsection (a) of section
12 of title 15, except that such term includes
section 45 of title 15 to the extent that such
section 45 applies to unfair methods of competition.
(2) Plan of action
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.
(c) Prerequisites for agreements and plans of action; delegation of authority to Presidential
designees
(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 in-

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TITLE 50—WAR AND NATIONAL DEFENSE

terests 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 national defense.
(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).
(3) Upon a determination by the President, on
a nondelegable basis, that a specific voluntary
agreement or plan of action is necessary to meet
national defense requirements resulting from an
event that degrades or destroys critical infrastructure—
(A) an individual that has been delegated authority under paragraph (1) with respect to
such agreement or plan shall not be required
to consult with the Attorney General or the
Federal Trade Commission under paragraph
(2)(B); and
(B) the President shall publish a rule in accordance with subsection (e)(2)(B) and publish
notice in accordance with subsection (e)(3)(B)
with respect to such agreement or plan as soon
as is practicable under the circumstances.
(d) Advisory committees; establishment; applicable provisions; membership; notice and participation in meetings; verbatim transcript;
availability to public
(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, whether or not such Act or any of
its provisions expire or terminate during the
term of this chapter 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) 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.

§ 4558

(e) Rules; promulgation by Presidential designees; consultation by Attorney General
with Chairman of Federal Trade Commission; approval of Attorney General; procedures; incorporation of standards and procedures for development of agreements and
plans of action
(1) The individual or individuals referred to in
subsection (c)(2) shall, after approval of the Attorney General, after consultation by the Attorney General with the Chairman of the Federal
Trade Commission, promulgate rules, in accordance with section 553 of title 5, incorporating
standards and procedures by which voluntary
agreements and plans of action may be developed and carried out.
(2) In addition to the requirements of section
553 of title 5—
(A) general notice of the proposed rulemaking referred to in paragraph (1) shall be
published in the Federal Register, and such
notice shall include—
(i) a statement of the time, place, and nature of the proposed rulemaking proceedings;
(ii) reference to the legal authority under
which the rule is being proposed; and
(iii) either the terms of substance of the
proposed rule or a description of the subjects
and issues involved;
(B) the required publication of a rule shall
be made not less than thirty days before its effective date; and
(C) the individual or individuals referred to
in paragraph (1) shall give interested persons
the right to petition for the issuance, amendment, or repeal of a rule.
(3) The rules promulgated pursuant to this
subsection incorporating standards and procedures by which voluntary agreements may be
developed shall provide, among other things,
that—
(A) such agreements shall be developed at
meetings which include—
(i) the Attorney General or his delegate,
(ii) the Chairman of the Federal Trade
Commission or his delegate, and
(iii) an individual designated by the President in subsection (c)(2) or his delegate,
and which are chaired by the individual referred to in clause (iii);
(B) at least seven days prior to any such
meeting, notice of the time, place, and nature
of the meeting shall be published in the Federal Register;
(C) interested persons may submit written
data and views concerning the proposed voluntary agreement, with or without opportunity for oral presentation;
(D) interested persons may attend any such
meeting unless the individual designated by
the President in subsection (c)(2) finds that
the matter or matters to be discussed at such
meeting falls within the purview of matters
described in section 552b(c) of title 5;
(E) a full and verbatim transcript shall be
made of any such meeting and shall be transmitted by the chairman of the meeting to the
Attorney General and to the Chairman of the
Federal Trade Commission;

§ 4558

TITLE 50—WAR AND NATIONAL DEFENSE

(F) any voluntary agreement resulting from
the meetings shall be transmitted by the
chairman of the meetings to the Attorney
General, the Chairman of the Federal Trade
Commission, and the Congress; and
(G) any transcript referred to in subparagraph (E) and any voluntary agreement referred to in subparagraph (F) shall be available for public inspection and copying, subject
to paragraphs (1), (3), and (4) of section 552(b)
of title 5.
(f) Commencement of agreements and plans of
action; expiration date; extensions
(1) A voluntary agreement or plan of action
may not become effective unless and until—
(A) the individual referred to in subsection
(c)(2) who is to administer the agreement or
plan approves it and certifies, in writing, that
the agreement or plan is necessary to carry
out the purposes of subsection (c)(1) and submits a copy of such agreement or plan to the
Congress; and
(B) the Attorney General (after consultation
with the Chairman of the Federal Trade Commission) finds, in writing, that such purpose
may not reasonably be achieved through a voluntary agreement or plan of action having less
anticompetitive effects or without any voluntary agreement or plan of action and publishes such finding in the Federal Register.
(2) Each voluntary agreement or plan of action
which becomes effective under paragraph (1)
shall expire 5 years after the date it becomes effective (and at 5-year intervals thereafter, as the
case may be), unless (immediately prior to such
expiration date) the individual referred to in
subsection (c)(2) who administers the agreement
or plan and the Attorney General (after consultation with the Chairman of the Federal
Trade Commission) make the certification or
finding, as the case may be, described in paragraph (1) with respect to such voluntary agreement or plan of action and publish such certification or finding in the Federal Register, in
which case, the voluntary agreement or plan of
action may be extended for an additional period
of 5 years.
(g) Monitoring of agreements and plans of action
by Attorney General and Chairman of Federal Trade Commission
The Attorney General and the Chairman of the
Federal Trade Commission shall monitor the
carrying out of any voluntary agreement or plan
of action to assure—
(1) that the agreement or plan is carrying
out the purposes of subsection (c)(1);
(2) that the agreement or plan is being carried out under rules promulgated pursuant to
subsection (e);
(3) that the participants are acting in accordance with the terms of the agreement or
plan; and
(4) the protection and fostering of competition and the prevention of anticompetitive
practices and effects.
(h) Required provisions of rules for implementation of agreements and plans of action
The rules promulgated under subsection (e)
with respect to the carrying out of voluntary
agreements and plans of action shall provide—

Page 1014

(1) for the maintenance, by participants in
any voluntary agreement or plan of action, of
documents, minutes of meetings, transcripts,
records, and other data related to the carrying
out of any voluntary agreement or plan of action;
(2) that participants in any voluntary agreement or plan of action agree, in writing, to
make available to the individual designated by
the President in subsection (c)(2) to administer the voluntary agreement or plan of action, the Attorney General and the Chairman
of the Federal Trade Commission for inspection and copying at reasonable times and upon
reasonable notice any item maintained pursuant to paragraph (1);
(3) that any item made available to the individual designated by the President in subsection (c)(2) to administer the voluntary
agreement or plan of action, the Attorney
General, or the Chairman of the Federal Trade
Commission pursuant to paragraph (2) shall be
available from such individual, the Attorney
General, or the Chairman of the Federal Trade
Commission, as the case may be, for public inspection and copying, subject to paragraph (1),
(3), or (4) of section 552(b) of title 5;
(4) that the individual designated by the
President in subsection (c)(2) to administer
the voluntary agreement or plan of action, the
Attorney General, and the Chairman of the
Federal Trade Commission, or their delegates,
may attend meetings to carry out any voluntary agreement or plan of action;
(5) that a Federal employee (other than an
individual employed pursuant to section 3109
of title 5) shall attend meetings to carry out
any voluntary agreement or plan of action;
(6) that participants in any voluntary agreement or plan of action provide the individual
designated by the President in subsection
(c)(2) to administer the voluntary agreement
or plan of action, the Attorney General, and
the Chairman of the Federal Trade Commission with adequate prior notice of the time,
place, and nature of any meeting to be held to
carry out the voluntary agreement or plan of
action;
(7) for the attendance by interested persons
of any meeting held to carry out any voluntary agreement or plan of action, unless the
individual designated by the President in subsection (c)(2) to administer the voluntary
agreement or plan of action finds that the
matter or matters to be discussed at such
meeting falls within the purview of matters
described in section 552b(c) of title 5;
(8) that the individual designated by the
President in subsection (c)(2) to administer
the voluntary agreement or plan of action has
published in the Federal Register prior notification of the time, place, and nature of any
meeting held to carry out any voluntary
agreement or plan of action, unless he finds
that the matter or matters to be discussed at
such meeting falls within the purview of matters described in section 552b(c) of title 5, in
which case, notification of the time, place, and
nature of such meeting shall be published in
the Federal Register within ten days of the
date of such meeting;

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TITLE 50—WAR AND NATIONAL DEFENSE

(9) that—
(A) the Attorney General (after consultation with the Chairman of the Federal Trade
Commission and the individual designated
by the President in subsection (c)(2) to administer a voluntary agreement or plan of
action), or
(B) the individual designated by the President in subsection (c)(2) to administer a voluntary agreement or plan of action (after
consultation with the Attorney General and
the Chairman of the Federal Trade Commission),
may terminate or modify, in writing, the voluntary agreement or plan of action at any
time, and that effective, immediately upon
such termination or modification, any antitrust immunity conferred upon the participants in the voluntary agreement or plan of
action by subsection (j) shall not apply to any
act or omission occurring after the time of
such termination or modification;
(10) that participants in any voluntary
agreement or plan of action be reasonably representative of the appropriate industry or segment of such industry; and
(11) that the individual designated by the
President in subsection (c)(2) to administer
the voluntary agreement or plan of action
shall provide prior written notification of the
time, place, and nature of any meeting to
carry out a voluntary agreement or plan of action to the Attorney General, the Chairman of
the Federal Trade Commission and the Congress.
(i) Rules; promulgation by Attorney General and
Chairman of Federal Trade Commission
The Attorney General and the Chairman of the
Federal Trade Commission shall each promulgate such rules as each deems necessary or appropriate to carry out his responsibility under
this section.
(j) Defenses
(1) In general
Subject to paragraph (4), there shall be
available as a defense for any person to any
civil or criminal action brought under the
antitrust laws (or any similar law of any
State) with respect to any action taken to develop or carry out any voluntary agreement or
plan of action under this section that—
(A) such action was taken—
(i) in the course of developing a voluntary agreement initiated by the President or a plan of action adopted under any
such agreement; or
(ii) to carry out a voluntary agreement
initiated by the President and approved in
accordance with this section or a plan of
action adopted under any such agreement,
and
(B) such person—
(i) complied with the requirements of
this section and any regulation prescribed
under this section; and
(ii) acted in accordance with the terms
of the voluntary agreement or plan of action.

§ 4558

(2) Scope of defense
Except in the case of actions taken to develop a voluntary agreement or plan of action,
the defense established in paragraph (1) shall
be available only if and to the extent that the
person asserting the defense demonstrates
that the action was specified in, or was within
the scope of, an approved voluntary agreement
initiated by the President and approved in accordance with this section or a plan of action
adopted under any such agreement and approved in accordance with this section. The
defense established in paragraph (1) shall not
be available unless the President or the President’s designee has authorized and actively supervised the voluntary agreement or plan of
action.
(3) Burden of persuasion
Any person raising the defense established
in paragraph (1) shall have the burden of proof
to establish the elements of the defense.
(4) Exception for actions taken to violate the
antitrust laws
The defense established in paragraph (1)
shall not be available if the person against
whom the defense is asserted shows that the
action was taken for the purpose of violating
the antitrust laws.
(k) Surveys and studies by Attorney General and
Federal Trade Commission; content; annual
report to Congress and President by Attorney General
The Attorney General and the Federal Trade
Commission shall each make surveys for the
purpose of determining any factors which may
tend to eliminate competition, create or
strengthen monopolies, injure small business, or
otherwise promote undue concentration of economic power in the course of the administration
of this section. Such surveys shall include studies of the voluntary agreements and plans of action authorized by this section. The Attorney
General shall (after consultation with the Federal Trade Commission) submit to the Congress
and the President at least once every year reports setting forth the results of such studies of
voluntary agreements and plans of action.
(l) Annual report to Congress and President by
Presidential designees; contents
The individual or individuals designated by
the President in subsection (c)(2) shall submit to
the Congress and the President at least once
every year reports describing each voluntary
agreement or plan of action in effect and its
contribution to achievement of the purpose of
subsection (c)(1).
(m) Jurisdiction to enjoin statutory exemption or
suspension and order for production of transcripts, etc.; procedures
On complaint, the United States District
Court for the District of Columbia shall have jurisdiction to enjoin any exemption or suspension
pursuant to subsections (d)(2), (e)(3)(D) and (G),
and (h)(3), (7), and (8), and to order the production of transcripts, agreements, items, or other
records maintained pursuant to this section by
the Attorney General, the Federal Trade Com-

§ 4558

TITLE 50—WAR AND NATIONAL DEFENSE

mission or any individual designated under subsection (c)(2), where the court determines that
such transcripts, agreements, items, or other
records have been improperly withheld from the
complainant. In such a case the court shall determine the matter de novo, and may examine
the contents of such transcripts, agreements,
items, or other records in camera to determine
whether such transcripts, agreements, items, or
other records or any parts thereof shall be withheld under any of the exemption or suspension
provisions referred to in this subsection, and the
burden is on the Attorney General, the Federal
Trade Commission, or such designated individual, as the case may be, to sustain its action.
(n) Exemption from Advisory Committee Act provisions
Notwithstanding any other provision of law,
the Federal Advisory Committee Act (5 U.S.C.
App.) and any other provision of Federal law relating to advisory committees shall not apply
to—
(1) the consultations referred to in subsection (c)(1); or
(2) any activity conducted under a voluntary
agreement or plan of action approved pursuant
to this section that complies with the requirements of this section.
(o) Preemption of contract law in emergencies
In any action in any Federal or State court for
breach of contract, there shall be available as a
defense that the alleged breach of contract was
caused predominantly by action taken during an
emergency to carry out a voluntary agreement
or plan of action authorized and approved in accordance with this section. Such defense shall
not release the party asserting it from any obligation under applicable law to mitigate damages
to the greatest extent possible.
(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.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b), and
(d)(1), was in the original ‘‘this Act’’, meaning act Sept.
8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see section 4501 of this title and Tables.
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.
CODIFICATION
Section was formerly classified to section 2158 of the
former Appendix to this title prior to editorial reclassification and renumbering as this section.
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 pro-

Page 1016

grams 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 reference to section 708A(j) of act Sept. 8, 1950, ch. 932,
after reference to subsec. (j) of this section.
Subsec. (b). Pub. L. 102–99, § 5(2), added subsec. (b) and
struck out former subsec. (b) which defined the term
‘‘antitrust laws’’ as used in this section and in section
708A of act Sept. 8, 1950, ch. 932.
Subsec. (c)(1). Pub. L. 102–99, § 5(3), inserted ‘‘and
plans of action’’ after ‘‘voluntary agreements’’ and
struck out provisions relating to exception as provided
in section 708A of act Sept. 8, 1950, ch. 932.
Subsec. (c)(2). Pub. L. 102–99, § 5(4), struck out at end
‘‘For the purpose of carrying out the objectives of subchapter I of this chapter, 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.

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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 this chapter.
Subsec. (b). Pub. L. 94–152 substituted definition of
‘‘antitrust laws’’ for provisions exempting under certain conditions acts or omissions to act pursuant to
this chapter 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).

§ 4558

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 chapter,
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).
Statutory Notes and Related Subsidiaries
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 4511 of this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Pub. L. 94–152, § 9, Dec. 16, 1975, 89 Stat. 821, 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 [see Tables for
classification] 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 4502 of this title.
CONTINUATION IN EFFECT OF EXISTING VOLUNTARY
AGREEMENTS
Pub. L. 94–152, § 4, Dec. 16, 1975, 89 Stat. 820, provided
that:
‘‘(a) Any voluntary agreement—
‘‘(1) entered into under section 708 of the Defense
Production Act of 1950 [50 U.S.C. 4558] prior to the effective date of this Act [see Effective Date of 1975
Amendment note above], 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) and shall be carried out in
accordance with such section 708 [50 U.S.C. 4558], as
amended by this Act, and such section 708A.
‘‘(b) No provision of the Defense Production Act of
1950 [50 U.S.C. 4501 et seq.], as amended by this Act,
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, 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

§ 4559

TITLE 50—WAR AND NATIONAL DEFENSE

708A of the Defense Production Act of 1950, as amended
by this Act, shall not apply to any action taken or authorized to be taken by or under the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.].’’
[Section 708A of the Defense Production Act of 1950,
referred to in section 4 of Pub. L. 94–152, set out above,
which was classified to section 2158a of the former Appendix to this title, was repealed by Pub. L. 102–99, § 4,
Aug. 17, 1991, 105 Stat. 487.]
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 2year 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.
Executive Documents
DELEGATION OF FUNCTIONS
Authority of President under subsecs. (c)(1) and (d) of
this section with respect to responding to the spread of
COVID–19 within the United States delegated to Secretary of Health and Human Services and Secretary of
Homeland Security, see section 3 of Ex. Ord. No. 13911,
Mar. 27, 2020, 85 F.R. 18404, set out as a note under section 4511 of this title.
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 this chapter 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, see sections 401 and 402
of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16656, set out
as a note under section 4553 of this title.

Page 1018

(A) the officer authorized to issue the regulation finds that urgent and compelling circumstances make compliance with such requirements impracticable;
(B) the regulation is issued on a temporary
basis; and
(C) the publication of such temporary regulation is accompanied by the finding made
under subparagraph (A) (and a brief statement of the reasons for such finding) and an
opportunity for public comment is provided
for not less than 30 days before any regulation becomes final.
(3) Consideration of public comments
All comments received during the public
comment period specified pursuant to paragraph (1) or (2) shall be considered and the
publication of the final regulation shall contain written responses to such comments.
(c) Public comment on procurement regulations
Any procurement policy, regulation, procedure, or form (including any amendment or
modification of any such policy, regulation, procedure, or form) issued under this chapter shall
be subject to section 1707 of title 41.
(Sept. 8, 1950, ch. 932, title VII, § 709, 64 Stat. 819;
Pub. L. 102–558, title I, § 136(a), Oct. 28, 1992, 106
Stat. 4216.)
TERMINATION OF SECTION
For termination of section, see section 4564(a)
of this title.
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Sept. 8, 1950, ch. 932, 64 Stat.
798, known as the Defense Production Act of 1950, which
is classified principally to this chapter. For complete
classification of this Act to the Code, see section 4501
of this title and Tables.
CODIFICATION

§ 4559. Public participation in rulemaking

Section was formerly classified to section 2159 of the
former Appendix to this title prior to editorial reclassification and renumbering as this section.
In subsec. (c), ‘‘section 1707 of title 41’’ substituted for
‘‘section 22 of the Office of Federal Procurement Policy
Act’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011,
124 Stat. 3854, which Act enacted Title 41, Public Contracts.

(a) Exemption from Administrative Procedure
Act
Any regulation issued under this chapter shall
not be subject to sections 551 through 559 of title
5.
(b) Opportunity for notice and comment
(1) In general
Except as provided in subsection (c), any
regulation issued under this chapter shall be
published in the Federal Register and opportunity for public comment shall be provided
for not less than 30 days, consistent with the
requirements of section 553(b) of title 5.
(2) Waiver for temporary provisions
The requirements of paragraph (1) may be
waived, if—

1992—Pub. L. 102–558 amended section generally. Prior
to amendment, section read as follows: ‘‘The functions
exercised under this chapter shall be excluded from the
operation of the Administrative Procedure Act (60 Stat.
237) except as to the requirements of section 3 thereof.
Any rule, regulation, or order, or amendment thereto,
issued under authority of this chapter shall be accompanied by a statement that in the formulation thereof
there has been consultation with industry representatives, including trade association representatives, and
that consideration has been given to their recommendations, or that special circumstances have rendered such consultation impracticable or contrary to
the interest of the national defense, but no such rule,
regulation, or order shall be invalid by reason of any
subsequent finding by judicial or other authority that
such a statement is inaccurate.’’

AMENDMENTS