Defense Production Act Extension and Amendments of 1991
PL 102-99 (H.R.991), enacted 08/17/1991

PUBLIC LAW 102-99—AUG. 17, 1991 
105 STAT. 487 
Public Law 102-99 
102d Congress 
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(aX4) of the Defense Production Act of 1950 (50 U.S.C. 
App. 2161(a)(4)) is amended to read as follows: 
' (4XA) 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 agree-
ments, 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App. 2158a) is repealed.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 0') of section 
708A"; 
(2) by striking subsection (b) and inserting the following new 
subsection: 
"Q)) 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 (cXl)— 
(A) by striking "Except as otherwise provided in section 
708A(o), upon" and inserting "Upon"; and 
Aug. 17, 1991 
[H.R. 991] 
Defense 
Production Act 
Extension and 
Amendments of 
1991. 
50 u s e app. 
2061 note. 
105 STAT. 488 
PUBLIC LAW 102-99—AUG. 17, 1991 
Federal 
R^;i8ter, 
publication. 
Federal 
Register, 
publication. 
(B) by inserting "and plans of action" after "voluntary 
agreements"; 
(4) in subsection (cX2), by striking the last sentence; 
(5) in the 2nd sentence of subsection (dXD— 
(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 (dX2), by striking out "section 552 (bXD and 
OJXS)" and inserting "paragraphs (1), (3), and (4) of section 
552(b)"; 
(7) in subsection (eXD, by inserting "and plans of action" after 
"voluntary agreements"; 
(8) in subsection (eX3XD), by striking "subsection (bXD or (bX3) 
of section 552" and inserting "section 552b(c)"; 
(9) in subsection (eX3XF)— 
(A) by striking "General and to" and inserting "Gen-
eral,"; and 
(B) by inserting ", and the Congress" before the semi-
colon; 
(10) in subsection (eX3XG), by striking "subsections (bXD 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 (fKlXA) (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 (fKlXB) (as amended by parsigraph (11) of 
this section) by inserting "and publishes such finding in the 
Federal Register" before the period; 
(14) in subsection (fX2) (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 
5
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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 (cX2) 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 Chair-
man of the Federal Trade Commission and the Congress."; 
(16) in subsection (hX3), by striking "subsections (bXD and 
(b)(3) of section 552" and inserting "paragraph (1), (3), or (4) of 
section 552(b)"; and 
PUBLIC LAW 102-99—AUG. 17, 1991 
105 STAT. 489 
(17) in paragraphs (7) and (8) of subsection (h), by striking 
"subsection (bXD or (bX3) 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 agree-
ment 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 vol-
untary 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 
105 STAT. 490 
PUBLIC LAW 102-99—AUG. 17, 1991 
Federal law and any Federal regulation relating to advisory commit-
tees. 
"(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 predomineintly 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 follow-
ing 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, refin-
ing, 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 parsigraph (1) of this subsection."; and 
(4) by redesignating paragraph (4) as paragraph (3). 
50 use app. 
SEC. 7. EFFECTIVE DATE. 
2071 note. 
^j^.^ ^^^ ^^^^^ ^^^^ ^^^^^ ^^ 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". 
Approved August 17, 1991. 
LEGISLATIVE HISTORY—H.R. 991 (S. 348) (S. 468): 
HOUSE REPORTS: Nos. 102-7 (Comm. on Banking, Finance and Urban Affairs) and 
102-186 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Feb. 5, S. 348 considered and passed Senate. 
Feb. 21, S. 468 considered and peissed Senate. 
Mar. 6, H.R. 991 considered and passed House. 
Mar. 7, considered and passed Senate, amended, in lieu of S. 468. 
Aug. 2, House and Senate sigreed to conference report.