Text: H.R.991 — 102nd Congress (1991-1992)All Information (Except Text)

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--H.R.991--
H.R.991
One Hundred Second Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday, the third day of January,
one thousand nine hundred and ninety-one
An Act
To extend the expiration date of the Defense Production Act of 1950, and
for other
purposes.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
SECTION 1. SHORT TITLE.
 This Act may be cited as the `Defense Production Act Extension and Amendments
 of 1991'.
SEC. 2. EXTENSION OF THE DEFENSE PRODUCTION ACT OF 1950.
 The first sentence of section 717(a) of the Defense Production Act of 1950
 (50 U.S.C. App. 2166(a)) is amended by striking `October 20, 1990' and
 inserting `September 30, 1991'.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
 Section 711(a)(4) of the Defense Production Act of 1950 (50
 U.S.C. App. 2161(a)(4)) is amended to read as follows:
 `(4)(A) There are authorized to be appropriated for fiscal year 1991, not to
 exceed $50,000,000 to carry out the provisions of sections 301, 302, and 303.
 `(B) The aggregate amount of loans, guarantees, purchase agreements, and
 other actions under sections 301, 302, and 303 during fiscal year 1991 may
 not exceed $50,000,000.'.
SEC. 4. VOLUNTARY AGREEMENTS.
 Section 708A of the Defense Production Act of 1950 (50 U.S.C. App. 2158a)
 is repealed.
SEC. 5. TECHNICAL AMENDMENTS RESTORING ANTITRUST IMMUNITY FOR EMERGENCY
ACTIONS INITIATED BY THE PRESIDENT.
 Section 708 of the Defense Production Act of 1950 (50 U.S.C. App. 2158)
 is amended--
 (1) in subsection (a), by striking `and subsection (j) of section 708A';
 (2) by striking subsection (b) and inserting the following new subsection:
 `(b) DEFINITIONS- For purposes of this Act--
 `(1) ANTITRUST LAWS- The term `antitrust laws' has the meaning given to
 such term in subsection (a) of the first section of the Clayton Act, except
 that such term includes section 5 of the Federal Trade Commission Act to
 the extent that such section 5 applies to unfair methods of competition.
 `(2) 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.';
 (3) in subsection (c)(1)--
 (A) by striking `Except as otherwise provided in section 708A(o), upon'
 and inserting `Upon'; and
 (B) by inserting `and plans of action' after `voluntary agreements';
 (4) in subsection (c)(2), by striking the last sentence;
 (5) in the 2nd sentence of subsection (d)(1)--
 (A) by inserting `and except as provided in subsection (n)' after `specified
 in this section'; and
 (B) by striking `, and the meetings of such committees shall be open to
 the public';
 (6) in subsection (d)(2), by striking out `section 552 (b)(1) and (b)(3)'
 and inserting `paragraphs (1), (3), and (4) of section 552(b)';
 (7) in subsection (e)(1), by inserting `and plans of action' after `voluntary
 agreements';
 (8) in subsection (e)(3)(D), by striking `subsection (b)(1) or (b)(3)
 of section 552' and inserting `section 552b(c)';
 (9) in subsection (e)(3)(F)--
 (A) by striking `General and to' and inserting `General,'; and
 (B) by inserting `, and the Congress' before the semicolon;
 (10) in subsection (e)(3)(G), by striking `subsections (b)(1) and (b)(3) of
 section 552' and inserting `paragraphs (1), (3), and (4) of section 552(b)';
 (11) in subsections (f) and (g)--
 (A) by inserting `or plan of action' after `voluntary agreement' each place
 such term appears; and
 (B) by inserting `or plan' after `the agreement' each place such term appears;
 (12) in subsection (f)(1)(A) (as amended by paragraph (11) of this section)
 by inserting `and submits a copy of such agreement or plan to the Congress'
 before the semicolon;
 (13) in subsection (f)(1)(B) (as amended by paragraph (11) of this section)
 by inserting `and publishes such finding in the Federal Register' before
 the period;
 (14) in subsection (f)(2) (as amended by paragraph (11) of this section)
 by inserting `and publish such certification or finding in the Federal
 Register' before `, in which case';
 (15) in subsection (h)--
 (A) by inserting `and plans of action' after `voluntary agreements';
 (B) by inserting `or plan of action' after `voluntary agreement' each place
 such term appears;
 (C) by striking `and' at the end of paragraph (9);
 (D) by striking the period at the end of paragraph (10) and inserting `;
 and'; and
 (E) by adding at the end the following new paragraph:
 `(11) that the individual designated by the President in subsection (c)(2)
 to administer the voluntary agreement or plan of action shall provide prior
 written notification of the time, place, and nature of any meeting to carry
 out a voluntary agreement or plan of action to the Attorney General, the
 Chairman of the Federal Trade Commission and the Congress.';
 (16) in subsection (h)(3), by striking `subsections (b)(1) and (b)(3) of
 section 552' and inserting `paragraph (1), (3), or (4) of section 552(b)'; and
 (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 carry 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 (l) 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 Federal law and any Federal regulation relating to advisory committees.
 `(o) PREEMPTION OF CONTRACT LAW IN EMERGENCIES- In any action in any
 Federal or State court for breach of contract, there shall be available
 as a defense that the alleged breach of contract was caused predominantly
 by action taken during an emergency to carry out a voluntary agreement or
 plan of action authorized and approved in accordance with this section. Such
 defense shall not release the party asserting it from any obligation under
 applicable law to mitigate damages to the greatest extent possible.'.
SEC. 6. TECHNICAL AMENDMENTS TO PRIORITIES IN CONTRACTS AND ORDERS.
 Section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071)
 is amended--
 (1) in subsection (a)(2) by striking `materials and facilities' and inserting
 `materials, services, and facilities';
 (2) in subsection (c)(1) by striking `supplies of materials and equipment'
 and inserting `materials, equipment, and services';
 (3) by striking paragraphs (2) and (3) and inserting the following new
 paragraph:
 `(2) The authority granted by this subsection may not be used to require
 priority performance of contracts or orders, or to control the distribution
 of any supplies of materials, services, and facilities in the marketplace,
 unless the President finds that--
 `(A) such materials, services, and facilities are scarce, critical,
 and essential--
 `(i) to maintain or expand exploration, production, refining, transportation;
 `(ii) to conserve energy supplies; or
 `(iii) to construct or maintain energy facilities; and
 `(B) maintenance or expansion of exploration, production, refining,
 transportation, or conservation of energy supplies or the construction and
 maintenance of energy facilities cannot reasonably be accomplished without
 exercising the authority specified in paragraph (1) of this subsection.'; and
 (4) by redesignating paragraph (4) as paragraph (3).
SEC. 7. EFFECTIVE DATE.
 This Act shall take effect on October 20, 1990.
SEC. 8. EXEMPTION FROM TERMINATION.
 Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a))
 (as amended by section 2 of this Act) is amended by striking `and 719'
 and inserting `719, and 721'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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