Defense Production Act Amendments
PL 94-152 (S.1537), enacted 12/16/1975

89 STAT. 810 
PUBLIC LAW 94-152—DEC. 16, 1975 
Public Law 94-152 
94th Congress 
An Act 
Dec. 16. 1975 
[S. 1537] 
Defense 
Production Act 
Amendments of 
1975. 
50 u s e app. 
2061 note 
50 u s e app. 
2166. 
50 u s e app. 
2158. 
Post, p. 815. 
'Antitrust laws." 
Delegation of 
authority. 
To amend the Defense Production Act of 1930, as amended. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Defense Production Act Amendments of 1975". 
SEC. 2. The first sentence of section 717(a) of the Defense Produc-
tion Act of 1950 is amended by striking out "November 30, 1975" and 
inserting in lieu thereof "September 30, 1977: Provided, That all 
authority hereby or hereafter extended under title III of this Act 
shall be effective for any fiscal year only to such extent or in such 
amounts a^ are provided in advance in appropriation Acts". 
SEC. 3. Section 708 of the Defense Production Act of 1950 is amended 
to read as follows: 
"SEC. 708. (a) Except as specifically provided in subsection (j) of 
this section and subsection (j) of section 708A, no provision of this 
Act shall be deemed to convey to any person any immunity from civil 
or criminal liability, or to create defenses to actions, under the anti-
trust laws. 
"(b) 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 pur-
poses', 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). 
"(c)(1) Except as otherwise provided in section 708A(o), upon 
finding that conditions exist which may pose a direct threat to the 
national defense or its preparedness programs, the President may con-
sult 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 
to help provide for the defense of the United States through the 
development of preparedness programs and the expansion of produc-
tive 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 
PUBLIC LAW 94-152—DEC. 16, 1975 
89 STAT. 811 
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 Com-
mission, to consult under paragraph (1). For the purpose of carrying 
out the objectives of title I of this Act, the authority granted in para-
graph (1) of this subsection shall not be delegated to more than one 
individual. 
"(d) (1) To achieve the objectives of subsection (c) (1) of this sec-
tion, the President or any individual designated pursuant to sub-
section (c) (2) may provide for the establishment of such advisory 
committees as he determines are necessary. In addition to the require-
ments specified in this section, 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 Act 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, 
and the meetings of such committees shall be open to the public. The 
Attorney General and the Federal Trade Commission shall have ade-
quate advance notice of any meeting and may have an official repre-
sentative 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 section 552(b) (1) and (b) (3) of title 5, 
United States Code. 
"(e)(1) The individual or individuals referred to in subsection 
(c) (2) shall, after approval of the Attorney General, after consulta-
tion by the Attorney General with the Chairman of the Federal Trade 
Commission, promulgate rules, in accordance with section 553 of title 
5, United States Code, incorporating standards and procedures by 
which voluntary agreements may be developed and carried out. 
"(2) In addition to the requirements of section 553 of title 5, United 
States Code— 
"(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 pro-
posed 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 incorporat-
ing 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, 
Advisory 
committees. 
Membership. 
Meetings, 
verbatim 
transcript. 
Rules. 
Publication in 
Federal Register. 
89 STAT. 812 
PUBLIC LAW 94-152—DEC. 16, 1975 
Publication in 
Federal Register. 
Meeting, 
verbatim 
transcript. 
Public inspection. 
Voluntary 
agreement. 
"(ii) the Chairman of the Federal Trade Commission or 
his delegate, and 
"(iii) an individual designated by the President in sub-
section (c) (2) or his delegate, 
and which are chaired by the individual referred to in clause 
"(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 subsection (b) 
(1) or (b) (3) of section 552 of title 5, United States Code; 
"(E) a full and verbatim transcript shall be made of anv 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; 
"(F) any voluntary agreement resulting from the meetings 
shall be transmitted by the chairman of the meetings to the 
Attorney General and to the Chairman of the Federal Trade 
Commission; 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 subsections 
(b) (1) and (b) (3) of section 552 of title 5, United States Code. 
" (f) (1) A voluntary agreement may not become effective unless and 
until— 
"(A) the individual referred to in subsection (c) (2) who is to 
administer the agreement approves it and certifies, in writing, 
that the agreement is necessary to carry out the purposes of 
subsection (c) (1) ; and 
"(B) the Attorney General (after consultation with the Chair-
man of the Federal Trade Commission) finds, in writing, that 
such purpose may not reasonably be achieved through a voluntary 
agreement having less anticompetitive effects or without any vol-
untary agreement. 
"(2) Each voluntary agreement which becomes effective under par-
agraph (1) shall expire two years after the date it becomes effective 
(and at two-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 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, 
in which case, the voluntary agreement may be extended for an addi-
tional period of two years. 
"(g) The Attorney General and the Chairman of the Federal Trade 
Commission shall monitor the carrying out of any voluntary agree-
ment to assure— 
" (1) that the agreement is carrying out the purposes of subsec-
tion (c)(1); 
"(2) that the agreement is being carried out under rules pro-
mulgated pursuant to subsection (e); 
PUBLIC LAW 94-152—DEC. 16, 1975 
89 STAT. 813 
"(3) that the participants are acting in accordance with the 
terms of the agreement; and 
" (4) the protection and fostering of competition and the preven-
tion of anticompetitive practices and effects. 
"(h) The rules promulgated under subsection (e) with respect to 
the carrying out of voluntary agreements shall provide— 
"(1) for the maintenance, by participants in any voluntary 
agreement, of documents, minutes of meetings, transcripts, rec-
ords, and other data related to the carrying out of any voluntary 
agreement; 
"(2) that participants in any voluntary agreement agree, in 
writing, to make available to the individual designated by the 
President in subsection (c) (2) to administer the voluntary agree-
ment, 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 para-
graph (1); 
"(3) that any item made available to the individual designated 
by the President in subsection (c) (2) to administer the voluntary 
agreement, 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 subsections (b) (1) and (b) (3) 
of section 552 of title 5, United Si ates Code; 
"(4) that the individual designated by the President in sub-
section (c) (2) to administer the voluntary agreement, the 
Attorney General, and the Chairman of the Federal Trade Com-
mission, or their delegates, may attend meetings to carrj^ out any 
voluntary agreement; 
"(5) that a Federal employee (other than an individual 
employed pursuant to section 3109 of title 5 of the United States 
Code) shall attend meetings to carry out any voluntary agree-
ment ; 
"(6) that participants in any voluntary agreement provide 
the individual designated by the President in subsection (c) (2) 
to administer the voluntary agreement, the Attorney General, 
and the Chairman of the Federal Trade Commission with ade-
quate prior notice of the time, place, and nature of any meeting 
to be held to carry out the voluntary agreement; 
"(7) for the attendance by interested persons of any meeting 
held to carry out any voluntary agreement, unless the individual 
designated by the President in subsection (c) (2) to administer 
the voluntary agreement finds that the matter or matters to be 
discussed at such meeting falls within the purview of matters 
described in subsection (b) (1) or (b) (3) of section 552 of title 
5, United States Code; 
Publication in 
"(8) that the individual designated by the President in sub- 
Federal Register, 
section (c) (2) to administer the voluntary agreement has pub-
lished in the Federal Register prior notification of the time, place, 
and nature of any meeting held to carry out any voluntary agree-
ment, unless he finds that the matter or matters to be discussed at 
such meeting falls within the purview of matters described in 
subsection (b)(1) or (b)(3) of section 552 of title 5, United 
States Code, 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; 
"(9) that— 
89 STAT. 814 
PUBLIC LAW 94-152—DEC. 16, 1975 
Rules. 
Surveys and 
studies. 
Reports to 
President and 
Congress. 
Jurisdiction. 
"(A) the Attorney General (after consultation with the 
Chairman of the Federal Trade Commission and the individ-
ual designated by the President in subsection (c) (2) to 
administer a voluntary agreement), or 
"(B) the individual designated by the President in sub-
section (c) (2) to administer a voluntary agreement (after 
consultation with the Attorney General and the Chairman of 
the Federal Trade Commission), 
may terminate or modify, in writing, the voluntary agreement 
at any time, and that effective, immediately upon such termina-
tion or modification, any antitrust immunity conferred upon the 
participants in the voluntary agreement by subsection (j) shall 
not apply to any act or omission occurring after the time of such 
termination or modification; and 
"(10) that participants in any voluntary agreement be reason-
ably representative of the appropriate industry or segment of 
such industry, 
"(i) 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) 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, 
"(k) 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 con-
centration of economic power in the course of the administration of 
this section. Such surveys shall include studies of the voluntary agree-
ments 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. 
"(1) 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 in 
effect and its contribution to achievement of the purpose of subsection 
(c)(1). 
"(m) On complaint, the United States District Court for the Dis-
trict 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 Commission or any indi-
vidual 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 
PUBLIC LAW 94-152—DEC. 16, 1975 
89 STAT. 815 
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. 
"SEC. 708A. (a) Except as specifically provided in subsection (j) 
of this section and section 708(j) of this Act, no provision of this Act 
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) As used in this section— 
"(1) The term 'international energy supply emergency' means 
any period (A) beginning on any date which the President deter-
mines allocation of petroleum products to nations participating in 
the international agreement is required by chapters III and IV of 
such program, and (B) ending on a date on which he determines 
such allocation is no longer required. Such a period may not 
exceed ninety days, but the President may establish one or more 
additional periods by making the determination under clause (A) 
of the preceding sentence. Any determination respecting the 
beginning or end of any such period shall be published in the 
Federal Register. 
"(2) The term 'international agreement' means the Agreement 
on an International Energy Program, signed by the United States 
on November 18,1974. 
"(3) The term 'Administrator' means the Administrator of the 
Federal Energy Administration. 
"(4) The term 'petroleum products' means— 
"(A) crude oil, 
"(B) natural gas liquids and other liquids produced in 
association with crude oil or natural gas, 
"(C) refined petroleum products, including but not limited 
to gasoline, kerosene, distillates, residual fuel oil, refined lubri-
cating oil, and liquefied petroleum gases; and 
"(D) blending agents and additives used in conjunction 
with crude oil and refined petroleum products. 
"(c) The requirements of this section shall be the sole procedures 
applicable to the development or implementation of voluntary agree-
ments or plans of action to accomplish the objectives of the interna-
tional agreement with respect to international allocation of petroleum 
products and the information system provided in such agreement, and 
to the availability of immunity from the antitrust laws respecting the 
development or implementation of such voluntary agreements or plans 
of action. 
"(d)(1) To achieve the purposes of the international agreement 
with respect to international allocation of petroleum products and 
the information system provided in such agreement, the Administrator 
may provide for the establishment of such advisory committees as 
he determines are necessary. In addition to the requirements specified 
in this section, such advisory committees shall be subject to the pro-
visions of the Federal Advisory Committee Act and section 17 of the 
Federal Energy Administration Act of 1974, whether or not such 
Acts or any provisions thereof expire or terminate during the term 
of this Act or of such committees, and, in all cases, such advisory com* 
mittees shall be chaired by a Federal employee (other than an individ-
ual employed pursuant to section 3109 of title 5, United States Code) 
50 use app. 
2158a. 
Definitions. 
Publication in 
Federal Register. 
Advisory 
committees. 
5 u s e app. I. 
15 u s e 776. 
89 STAT. 816 
PUBLIC LAW 94-152—DEC. 16, 1975 
Meetings, 
verbatim 
transcript. 
15 use 776. 
Meetings. 
and shall include representatives of the public, and the meetino^s of 
such committees shall be open to 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 sections 552 (b) (1) and (b) (3) of title 5, 
United States Code. 
"(3) For the purposes of this section, the provisions of subsection 
(a) of section 17 of the Federal Energy Administration Act of 1974 
shall apply to any board, task force, commission, committee, or similar 
group, not composed entirely of full-time Federal employees (other 
than individuals employed pursuant to section 3109 of title 5, United 
States Code) established or utilized to advise the United States Gov-
ernment with respect to the development or implementation of any 
agreement or plan of action under the international agreement. 
"(e) The Administrator, subject to the approval of the Attorney 
General, after both of them have consulted with the Federal Trade 
Commission and the Secretary of State, shall promulgate, by rule, 
standards and procedures by which persons engaged in the business 
of producing, refining, marketing, or distributing petroleum products 
may develop and implement voluntary agreements and plans of action 
which are required to implement the provisions of the international 
agreement which relate to international allocation of petroleum prod-
ucts and the information system provided in such agreement. 
"(f) The standards and procedures under subsection (e) shall be 
promulgated pursuant to section 553 of title 5, United States Code. 
They shall provide, among other things, that— 
"(1)(A) Meetings held to develop or implement a voluntary 
agreement or plan of action under this section shall permit attend-
ance by interested persons, including all interested segments of 
the petroleum industry, consumers, committees of Congress, and 
the public, shall be preceded by timely and adequate notice with 
identification of the agenda of such meeting to the Attorney 
General, the Federal Trade Commission, committees of Congress, 
and (except during an international energy supply emer-
gency) to the public, and shall be initiated and chaired by a Fed-
eral employee other than an individual employed pursuant to 
section 3109 of title 5, United States Code; except that (i) 
meetings of bodies created by the International Energy Agency 
established by the international agreement need not be open to 
interested persons and need not be initiated and chaired by a Fed-
eral employee, and (ii) the Administrator, in consultation with 
the Secretary of State and the Attorney General, may determine 
that a meeting held to implement or carry out an agreement or 
plan of action shall not be public and that attendance may be 
limited, subject to reasonable representation of affected segments 
of the petroleum industry (as determined by the Administrator, 
after consultation with the Attorney General) if he finds that a 
wider disclosure would be detrimental to the foreign policy inter-
ests of the United States. 
"(B) No meetings may be held to develop or implement a 
voluntary agreement or plan of action under this section, unless 
a Federal employee other than an individual employed pursuant 
PUBLIC LAW 94-152—DEC. 16, 1975 
89 STAT. 817 
to section 3109 of title 5, United States Code, is present; except 
that during an international energy supply emergency, a meeting 
to implement such an agreement or plan of action may be held 
outside the presence of such an employee (and need not be initi-
ated or chaired by such an employee) if prior consent is granted 
by the Administrator and the Attorney General. The Adminis-
trator and the Attorney General shall each make a written record 
of the granting of any such prior consent. 
"(2) Interested persons permitted to attend such a meeting 
Public comment, 
shall be afforded an opportunity to present in writing and orally, 
data, views, and arguments at such meetings. 
" (3) A verbatim transcript or, if keeping a verbatim transcript 
is not practicable, full and complete notes or minutes shall be 
kept of any meeting held or communication made to develop or 
implement a voluntary agreement or plan of action under this 
section, between or among persons who are parties to such a 
voluntary agreement, or with respect to meetings held or com-
munications made to develop a voluntary agreement; except that, 
during any international energy supply emergency, in lieu of 
minutes or a transcript, a log may be kept containing a notation 
of the parties to, and subject matter of, any such communication 
(other than in the course of such a meeting). Such minutes, notes, 
transcript, or log shall be deposited, together with any agreement 
resulting therefrom, with the Administrator, and shall be avail-
able to the Attorney General and the Federal Trade Commission. 
Such minutes, notes, transcripts, logs, and agreements shall be 
available for public inspection and copying, except as otherwise 
provided in section 552 (b)(1) and (b)(3) of title 5, United States 
Code, or pursuant to a determination by the Administrator, in 
consultation with the Secretary of State and the Attorney Gen-
eral, that such disclosure would be detrimental to the foreign 
policy interests of the United States. 
No provision of this section may be exercised so as to prevent com-
mittees of Congress from attending meetings to which this subsection 
applies, or from having access to any transcripts or minutes of such 
meetings, or logs of communication. 
"(g) Subject to the prior approval of the Attorney General and 
the Federal Trade Commission, the Administrator may suspend the 
application of— 
" (1) sections 10 and 11 of the Federal Advisory Committee Act. 
5 U
S
C app. I. 
"(2) subsections (b) and (c) of section 17 of the Federal 
Energy Administration Act of 1974, 
15 U
S
C 776. 
"(3) the requirement under subsection (d)(1) of this section 
that meetings be open to the public; and 
"(4) the second sentence of subsection (d) (2) of this section; 
if the Administrator determines in each instance that such suspension 
is essential to the implementation of the international agreement as it 
relates to the international allocation of petroleum products or the 
information system provided in such agreement and if the Secretary 
of State determines that the application of such provisions would be 
detrimental to the foreign policy interests of the United States. Such 
Publication in 
determinations by the Administrator and the Secretary of State shall 
Federal Register, 
be in writing, shall set forth, to the extent possible consistent with 
the need to protect the security of classified national defense and 
foreign policy information, a detailed explanation of reasons justify-
ing the granting of such suspension, and shall be published in the 
Federal Register at a reasonable time prior to the effective date of 
any such suspension. 
89 STAT. 818 
PUBLIC LAW 94-152—DEC. 16, 1975 
Publication in 
Federal Register. 
Regulations. 
Recordkeeping. 
Rules and 
regulations. 
15 u s e 16 note. 
15 u s e 1311 
note. 
"(h) (1) The Attorney General and the Federal Trade Commission 
shall participate from the beginning in any meeting to develop or 
implement voluntary agreements authorized under this section and, 
when practicable, in any meeting to implement plans of action author-
ized under this section. Each may propose any alternative which 
would avoid or overcome, to the greatest extent practicable, possible 
anticompetitive effects while achieving substantially the purposes of 
this section. A voluntai'y agreement or plan of action under this sec-
tion may not be implemented unless approved by the Attorney Gen-
eral, after consultation with the Federal Trade Commission. Prior to 
the expiration of the period determined under paragraph (2), the 
Federal Trade Commission shall transmit to the Attorney General 
its views as to whether such an agreement should be approved, and 
shall publish such views in the Federal Register. The Attorney 
General, in consultation with the Federal Trade Commission, the Sec-
retary of State, and the Administrator, shall have the right to review, 
amend, modify, disapprove, or revoke, on his own motion or upon the 
request of the Federal Trade Commission or any interested person, 
any voluntary agreement or plan of action at any time, and, if 
revoked, thereby withdraw prospectively the immunity which may be 
conferred by subsection (j) of this section. 
"(2) Any voluntary agreement entered into pursuant to this sec-
tion shall be submitted in writing to the Attorney General and the 
Federal Trade Commission twenty days before being implemented 
(where it shall be made available for public inspection and copying 
subject to the provisions of subsection (g) of this section) ; except 
that during an international energy supply emergency, the Adminis-
trator, subject to approval of the Attorney General, may reduce such 
twenty-day period. Any action taken pursuant to such voluntary 
agreement or plan of action shall be reported to the Attorney General 
and the Federal Trade Commission pursuant to such regulations as 
shall be prescribed under subsections (i) (3) and (i) (4). 
"(i)(l) The Attorney General and the Federal Trade Commis-
sion shall monitor the development and implementation of voluntary 
agreements and plans of action authorized under this section to assure 
the protection and fostering of competition and to prevent anticompet-
itive practices and effect. 
"(2) In addition to any requirements specified under subsections 
(e) and (f) of this section and in order to carry out the purposes of 
this section, the Attorney General, in consultation with the Federal 
Trade Commission and the Administrator, shall promulgate regula-
tions concerning the maintenance of necessary and appropriate 
records related to the development and implementation of voluntary 
agreements and plans of action pursuant to this section. 
"(3) Persons developing and implementing voluntary agreements 
or plans of action pursuant to this section shall maintain those records 
required by such regulations. Both the Attorney General and the Fed-
eral Trade Commission shall have access to and the right to copy such 
records at reasonable times and places and upon reasonable notice. 
"(4) The Attorney General and the Federal Trade Commission 
may each prescribe pursuant to section 553 of title 5, United States 
Code, such rules and regulations as may be necessary or appropriate 
to carry out their respective responsibilities under this section. They 
may both utilize for such purposes and for purposes of enforcement 
any and all powers conferred upon the Federal Trade Commission or 
the Department of Justice, or both, by any other provision of law, 
including the antitrust laws, the Antitrust Procedures and Penalties 
Act, or the Antitrust Civil Process Act; and wherever any such pro-
PUBLIC LAW 94-152—DEC. 16, 1975 
89 STAT. 819 
vision of law refers to 'the purposes of this Act' or like terms, the 
reference shall be understood to be this section. 
" (j) (1) 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— 
"(A) such act or omission to act was taken in good faith by 
that person— 
"(i) in the course of developing a voluntary agreement 
under this section, or 
"(ii) to carry out a voluntary agreement under this sec-
tion ; and 
"(B) such person fully complied with this section and the rules 
promulgated hereunder, and acted in accordance with the terms 
of the voluntary agreement. 
"(2) In any action in any Federal or State court for breach of con-
tract there shall be available as a defense that the alleged breach of 
contract was caused solely by action taken during an international 
energy supply emergency in accordance with a voluntary agreement 
authorized and approved under the provisions of this section. 
"(k) No provision of this section 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 section, (2) outside the scope and purpose or not in 
compliance with the terms and conditions of this section, or (3) sub-
sequent to the expiration or repeal of this section or Act. 
"(1)(1) The Administrator, after consultation with the Secretary 
of State, shall report annually to the President and the Congress on 
the performance under voluntary agreements or plans of action to 
accomplish the objectives of the international agreement with respect 
to international allocation of petroleum products and the information 
system provided in such agreement. 
"(2) The Attorney General and the Federal Trade Commission 
shall each submit to the Congress and to the President, at least once 
every six months, reports on the impact on competition and on small 
business of actions authorized by this section. 
" (m) The authorities contained in this section with respect to the 
executive agreement, commonly known as the Agreement on an Inter-
national Energy Program dated November 18, 1974, and referred to 
in this section as the international energy agreement, shall not be con-
strued in any way as advice and consent, ratification, endorsement, or 
any other form of congressional approval of the specific terms of such 
executive agreement or any related annex, protocol, amendment, modi-
fication, or other agreement which has been or may in the future be 
entered into. 
"(n) Any action or agreement undertaken or entered into pursuant 
to this section shall be deemed to be undertaken or entered into in the 
United States. 
"(o) If S. 622, Ninety-fourth Congress (the Energy Policy and 
Conservation Act) is enacted, then (effective on the effective date of 
the provisions of S. 622 which relate to international voluntary agree-
ments to carry out the International Energy Program) this section 
and section 708 shall not be applicable to (1) any voluntary agree-
ment or plan of action developed or implemented to carry out obliga-
tions of the United States under the international agreement, or (2) 
any voluntary agreement or plan of action which relates to petroleum 
Report to 
President and 
Congress. 
Reports to 
President and 
Congress. 
Post, p. 871. 
42 u s e 6201 
note. 
89 STAT. 820 
PUBLIC LAW 94-152—DEC. 16, 1975 
products and which is developed, in whole or in part, to carry out the 
purposes of a treaty or executive agreement to which the United 
States is a party or to implement a program of international coopera-
tion between the United States and one or more foreign countries.". 
50 use app. 
SEC. 4. (a) Any voluntary agreement— 
2158 note. 
(1) entered into under section 708 of the Defense Production 
50 use app. 
Act of 1950 prior to the effective date of this Act, and 
2158. 
(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, as amended 
Ante, p. 815. 
by this Act, and such section 708A. 
50 use app. 
(b) No provision of the Defense Production Act of 1950, as amended 
2061. 
by this Act, shall be construed as granting immunity for, nor as lim-
iting 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, (2) 
outside the scope and purpose or not in compliance with the terms 
and conditions of the Defense Production Act of 1950, or (3) subse-
quent to the expiration or repeal of the Defense Production Act of 
1950. 
(c) Effective on the date of enactment of this Act, the immunity 
Ante, pp. 810, 
conferred by section 708 or 708A of the Defense Production Act of 
815. 
1950, as amended by this Act, shall not apply to any action taken or 
authorized to be taken by or under the Emergency Petroleum Allo-
15 use 751 note, cation Act of 1973. 
50 use app. 
SEC. 5. The second sentence of section 710(e) of the Defense Pro-
2160. 
duction Act of 1950 is amended to read as follows: "Members of this 
executive reserve who are not full-time Government employees may 
be allowed transportation and per diem in lieu of subsistence, in 
accordance with title 5 of the United States Code (with respect to indi-
viduals serving without pay, while away from their homes or regular 
places of business), for the purpose of participating in the executive 
reserve training program.". 
50 use app. 
SEC. 6. Section 712(c) of the Defense Production Act of 1950 is 
2162. 
amended by striking out the following: "The cost of stenographic serv-
ices to report such hearing shall not be in excess of 40 cents per hundred 
words.". 
SEC. 7. The last sentence of subsection (g) of section 717 of the 
50 use app. 
Defense Production Act of 1950 is amended to read as follows: 
2168. 
"In promulgating such standards and major rules and regulations for 
the implementation of such standards, the Board shall take into 
account, and shall report to the Congress in the transmittal required 
50 use app. 
by section 719 (h) (3) of this Act, the probable costs of implementation, 
2168. 
including inflationary effects, if any, compared to the probable benefits, 
including advantages and improvements in the pricing, administra-
tion, and settlement of contracts.". 
50 use app. 
SEC. 8. Section 720 of the Defense Production Act of 1950 is 
2169. 
amended— 
(1) in subsection (h) thereof by striking out "March 31, 1976" 
and inserting in lieu thereof "December 31, 1976" and by striking 
out "October 1, 1976" and inserting in lieu thereof "March 31, 
1977"; 
(2) in the last sentence of subsection (i) (2) by striking out "not 
to exceed $75,000 to remain available until October 1, 1976" and 
inserting in lieu thereof "not to exceed $150,000 to remain avail-
able until March 31,1977"; 
PUBLIC LAW 94-152—DEC. 16, 1975 
89 STAT. 821 
(3) in subsection (1) thereof by striking out "not to exceed 
$500,000 to remain available until October 1, 1976" and inserting 
in lieu thereof "not to exceed $1,484,000 to remain available until 
March 31,1977"; and 
(4) in subsection (j) thereof by inserting the following new 
Contract 
paragraph: 
authority. 
"(3) The Commission is authorized to contract with public or pri-
vate agencies, institutions, corporations, and other organizations.". 
SEC. 9. This Act and the amendments made by it shall take effect on 
Effective date, 
the one hundred and twentieth day beginning after the. date of its 
50 USC app. 
enactment, except that the amendment made by section 2 shall take 
2158 note, 
effect upon the date of enactment of this Act. 
Approved December 16, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-603 accompanying H.R. 10031 (Comm. on Banking, 
Currency and Housing) and No. 94-673 (Comm. of Conference). 
SENATE REPORTS: No. 94-353 (Comm. on Banking, Housing and Urban Affairs) and 
No. 94-460 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
Sept. 15, considered and passed Senate. 
Nov. 14, considered and passed House, amended, in lieu of H.R. 10031. 
Nov. 18, Senate agreed to conference report. 
Dec. 3, House agreed to conference report.