10 CFR 821.2: Prerequisites for agreements and plans of action.

(a) Finding by the President. Upon a finding by the President that conditions exist which may pose a direct threat to the national defense or its preparedness programs, the Secretary (or the appropriate delegated Department of Energy official) may consult 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 Secretary (or the appropriate delegated Department of Energy official), of voluntary agreements and plans of action to help provide for the national defense.

(b) The Secretary and other Senate-confirmed appointees. The Secretary (or the appropriate delegated Department of Energy official) may engage in the activities described in paragraph (a) of this section so long as they:

(1) Are 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;

(2) Consult with the Attorney General and with the Federal Trade Commission not less than ten days before consulting with any persons under paragraph (a) of this section; and

(3) 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 (a) of this section.

(c) Delegations.

(1) The Secretary (or the appropriate delegated Department of Energy official) may further delegate tasks in developing voluntary agreements to an appropriate DOE officer working under the supervision of the Secretary (or the appropriate delegated Department of Energy official).

(2) The meetings held to develop the voluntary agreements shall be chaired by an individual as identified in paragraph (b) of this section and 50 U.S.C. 4558(c)(2) or by that person's delegate.