Page:United States Statutes at Large Volume 105 Part 1.djvu/517

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PUBLIC LAW 102-99 —AUG. 17, 1991 105 STAT. 489 (17) in paragraphs (7) and (8) of subsection (h), by striking "subsection (b)(1) or (b)(3) of section 552" and inserting "section 552b(c)"; (18) by striking subsection (j) and inserting the following new subsection: " (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 cariy 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. "(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."; (19) in subsection (k), by inserting "and plans of action" after "voluntary agreements" each place such term appears; (20) in subsection (1) by inserting "or plan of action" after "voluntary agreement"; and (21) by adding at the end the following new subsections: "(n) EXEMPTION FROM ADVISORY COMMITTEE ACT PROVISIONS. — 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