105 STAT. 490 PUBLIC LAW 102-99 —AUG. 17, 1991 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 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 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). 50 USC 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.
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