3

1 "(c) (1) Upon finding that an imminent or probable 2 danger to the national defense exists, the President is author3 ized to consult with representatives of industry, business, 4 financing, agriculture, labor, and other interests, with a view 5 to encouraging the making of voluntary agreements and 6 programs by such persons, and may request the undertaking 7 or entering into of such voluntary agreements or programs in 8 accordance with the provisions of this section, to insure pro9 ductive capacity in the event of an attack on the United 10 States.

11

"(2) The authority granted in paragraph (1) of this 12 subsection shall be delegated only (A) to officials who 13 shall for the purpose of such delegation be required to be 14 appointed by the President by and with the advice and 15 consent of the Senate, unless otherwise required to be so 16 appointed, and (B) upon the condition that such officials 17 consult with the Attorney General and with the Chairman 18 of the Federal Trade Commission not less than ten days 19 before making any request thereunder, and (C) upon the 20 condition that such officials obtain the approval of the 21 Attorney General, after consultation with the Federal Trade 22 Commission, to any request thereunder before making the 23 request. For the purpose of carrying out the purposes of title I 24 of this Act, the authority granted in paragraph (1) of this

4

1 subsection shall not be delegated except to one and only one

2 official of the Government.

3

"(3) The authority granted in paragraph (1) of this 4 subsection shall be exercised only if the Attorney General, 5 after consultation with the Federal Trade Commission, 6 certifies that such voluntary agreements and programs are 7 necessary to accomplish the objectives of paragraph (1) of 8 this subsection, and that such objectives cannot reasonably 9 be accomplished through alternative means having lesser 10 anticompetitive effects.

11 "(d) The requirements of this section shall be the sole 12 procedures applicable to the development, implementation,

or carrying out of the voluntary agreements or progams to 14 accomplish the objectives of subsection (c) (1) of this 15 section, and to the availability of immunity from the antitrust 16 laws respecting the development, implementation, or carry17 ing out of such voluntary agreements or programs.

18

22

21

"(e) (1) (A) To achieve the objectives of subsection 19 (c) (1) of this section, the President may provide for the 20 establishment of such advisory committees as he determines are necessary. Any such advisory committees shall be sub22 ject to the provisions of the Federal Advisory Committee 23 Act, whether or not such Act or any of its provisions expire 24 or terminate during the term of this Act or of such com25 mittees and in all cases such advisory committees shall be

55-950 O 75 - 2

5

1 chaired by a Federal employee, other than an individual 2 employed pursuant to section 3109 of title 5, United States 3 Code, and shall include representatives of the public, and 4 the meetings of such committees shall be open to the pub5 lic. The Attorney General and the Federal Trade Commission 6 shall have adequate advance notice of any meeting and may 7 have an official representative attend and participate in any 8 such meeting.

9 "(B) The authority granted in paragraph (1) (A) 10 of this subsection shall be delegated only (i) to officials who 11 shall for the purpose of such delegation be required to be 12 appointed by the President by and with the advice and 13 consent of the Senate, unless otherwise required to be so 14 appointed, and (ii) upon the conditions that (I) such offi15 cials consult with the Attorney General and with the Chair16 man of the Federal Trade Commission not less than ten 17 days before making any request thereunder, and (II) such 18 officials, after consultation with the Chairman of the Fed19 eral Trade Commission, obtain the prior approval of the 20 Attorney General, to any request thereunder. For the pur

21

222

pose

of carrying out the objectives of title I of this Act, the authority granted in paragraph (1) (A) of this subsection 23 shall not be delegated except to one and only one official of

24 the Government.

H.R. 6567-2

6

1 "(2) A full and complete verbatim transcript shall be 2 kept of such advisory committee meetings, and shall be taken 3 and deposited, together with any agreement resulting there4 from, with the Attorney General and the Federal Trade 5 Commission. Such transcript and agreement shall be made 6 available for public inspection and copying, subject to the 7 provisions of section 552 (b) (1) and (b) (3), of title 5, 8 United States Code.

9 "(f) The Attorney General and the Federal Trade 10 Commission shall promulgate jointly, by rule, standards and 11 procedures by which representatives of industry, business, 12 financing, agriculture, labor and other interests may develop 13 and implement voluntary agreements and programs necessary to accomplish the objectives of subsection (c) (1) 15 of this section.

14

16

"(g) The standards and procedures under subsection 17 (f) shall be promulgated pursuant to section 553 of title 5, 18 United States Code. They shall provide, among other things, 19 that

"(1) such agreements and programs shall be developed by meetings of committees, councils, or other groups which include representatives of the public, of interested segments of the relevant industry or industries

and of consumers, and shall in all cases be chaired by a

7

"(2) meetings held to develop a voluntary agreement or program shall

1

2

Federal employee other than an individual employed pursuant to section 3109 of title 5, United States Code;

and

"(A) permit attendance by interested persons;

"(B) be preceded by timely and adequate public notice, published in the Federal Register not less than ten days in advance of any such meeting,

including identification of the agenda of such meeting;

"(3) interested persons shall be afforded an opportunity to present, in writing and orally, data, views, and arguments at such meetings; and

"(4) a full and complete verbatim transcript shall be kept of any meeting, conference or communication held to develop, implement or carry out a voluntary

agreement or program under this section and shall be

taken and deposited, together with any agreement result

ing therefrom, with the Attorney General and the Federal Trade Commission. Such transcript and agreement

shall be available for public inspection and copying,

subject to provisions of section 552 (b) (1) and (b) (3)

of title 5, United States Code.