50 U.S.C. § 4557 — Liability for compliance with invalid reg-

Page 1133 TITLE 50—WAR AND NATIONAL DEFENSE § 4558 (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 Sec- retary 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 Sec- retary 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 Fi- nance Corporation, see section 2 of Ex. Ord. No. 13922, May 14, 2020, 85 F.R. 30583, set out as a note under sec- tion 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 En- ergy, 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 reg- ulations; 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 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 or- ders 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 con- tracts than for other generally comparable or- ders 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 reclassi- fication 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; ex- ceptions Except as specifically provided in subsection (j) of this section, no provision of this chapter shall be deemed to convey to any person any im- munity 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 com- petition. (2) Plan of action The term ‘‘plan of action’’ means any of 1 or more documented methods adopted by partici- pants in an existing voluntary agreement to implement that agreement. (c) Prerequisites for agreements and plans of ac- tion; 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, busi- ness, financing, agriculture, labor, and other in- 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 dele- gated by him (A) to individuals who are ap- pointed 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 infra- structure— (A) an individual that has been delegated au- thority 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 ac- cordance 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; applica- ble provisions; membership; notice and par- ticipation in meetings; verbatim transcript; availability to public (1) To achieve the objectives of subsection (c)(1) of this section, the President or any indi-