(a) General applicability.

1. (1) Pursuant to section 708 of the Defense Production Act of 1950, as amended (50 U.S.C. 4558), the Secretary of Energy (or the appropriate official identified under 50 U.S.C. 4558(c)(2)), as delegated by the President, may consult with representatives of industry, business, financing, agriculture, labor, or other interests, and may approve the making of voluntary agreements and plans of action to help provide for the defense of the United States by developing preparedness programs and expanding productive capacity and supply beyond levels needed to help provide for the national defense.
2. (2) Implementation of this part shall conform to the provisions provided under section 708 of the Defense Production Act (DPA) of 1950, as amended (50 U.S.C. 4558).

(b) Secretary of Energy (or the appropriate delegated Department of Energy official).

1. (1) As used in this part, Secretary of Energy (or the appropriate delegated Department of Energy official) is the Secretary of Energy or a Department of Energy official who is delegated with the responsibility of overseeing a voluntary agreement who, pursuant to a delegation or redelegation of the functions given to the President by section 708 of the Defense Production Act of 1950, as amended, proposes or otherwise provides for the development or carrying out of a voluntary agreement and plans of action.
2. (2) In the context of energy-related issues, the use of voluntary agreements and plans of action, as authorized by section 708 of the DPA to help provide for the defense of the United States through the development of preparedness programs, is an activity coordinated by the Secretary of Energy (or the appropriate delegated Department of Energy official), as provided by Executive Order 13603, Section 403 and Executive Order 14302, Section 3.
3. (3) The Secretary of Energy (or the appropriate delegated Department of Energy official) shall carry out functions overseeing a voluntary agreement and plan of action.

(e) Commencement of agreements.

1. (1) A voluntary agreement or plan of action may not become effective unless and until—

   1. (i) The Secretary of Energy (or the appropriate delegated Department of Energy official) approves the voluntary agreement or plan of action and certifies, in writing, that the agreement or plan is necessary to carry out the purposes of section 708(c)(1) of the DPA and submits a copy of such agreement to the Congress; and
   2. (ii) 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. (2) Each voluntary agreement or plan of action that becomes effective under paragraph (e)(1) of this section 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 Secretary of Energy (or the appropriate delegated Department of Energy official) 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 (e)(1) of this section 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.

(f) Advisory committees.

1. (1) Pursuant to section 708(d) of the DPA, the Secretary of Energy (or the appropriate delegated Department of Energy official) may establish such advisory committees as deemed to be necessary for developing or carrying out voluntary agreements or plans of action. 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. 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 exemptions from disclosure provided under 5 U.S.C. 552(b)(1), (3), and (4). Such advisory committees shall comply with this part as well as with the requirements and procedures of the Federal Advisory Committee Act (Pub. L. 92-463, as amended).

2. (2) Notwithstanding any other provision of law, consistent with section 708(n) of the Defense Production Act of 1950 (50 U.S.C. 4558(n)), chapter 10 of Title 5 and any other provision of Federal law relating to advisory committees shall not apply to—

   1. (i) the consultations referred to in 50 U.S.C. 4558(c)(1); or
   2. (ii) any activity conducted under a voluntary agreement or plan of action approved pursuant to this section that complies with the requirements of 50 U.S.C. 4558 and this part.
   3. (h) 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.
   4. (i) Antitrust laws. The term “antitrust laws” has the same meaning given in 50 U.S.C. 4558(b)(1).
   5. (j) Petitions. Interested persons may petition the Secretary of Energy for the issuance, amendment, or repeal of this rule.