S.Amdt. 1467Senate109th Congress (2005-2007)

S.Amdt. 1467

What it does: Rewrites the text the amendment would insert
Submitted July 25, 2005

What it changes

1 change to S. 1042

Rewrites the amendment
  1. Rewrites the text the amendment would insert

    Rewrites the amendmentIn place of the text the amendment being amended would insert

    Inserted: SEC. __. CONGRESSIONAL AUTHORITY UNDER DEFENSE PRODUCTION ACT.

    Inserted: Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended--

    Inserted: (1) in subsection (a)--

    Inserted: (A) by striking "30" and inserting "60"; and

    Inserted: (B) by adding at the end the following: "The findings and recommendations of any such investigation shall be sent immediately to the President and to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives for review.";

    Inserted: (2) in subsection (b)--

    Inserted: (A) by inserting before the first period ", or in such instance at the request of the chairman and ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives";

    Inserted: (B) in paragraph (2), by inserting before the period ", and the findings and recommendations of such investigation shall be sent immediately to the President and to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives for review"; and

    Inserted: (C) by striking "30" and inserting "60";

    Inserted: (3) in subsection (f)--

    Inserted: (A) by striking "designee may" and inserting "designee shall";

    Inserted: (B) in paragraph (4), by striking "and" at the end;

    Show 16 more inserted paragraphs

    Inserted: (C) in paragraph (5), by striking the period at the end and inserting "; and"; and

    Inserted: (D) by adding at the end the following:

    Inserted: "(6) the long-term projections of United States requirements for sources of energy and other critical resources and materials and for economic security.".

    Inserted: (4) in subsection (g)--

    Inserted: (A) by striking "The President" and inserting the following:

    Inserted: "(1) In general.--The President"; and

    Inserted: (B) by adding at the end the following:

    Inserted: "(2) Quarterly submissions.--The Secretary of the Treasury shall transmit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on a quarterly basis, a detailed summary and analysis of each merger, acquisition, or takeover that is being reviewed, was reviewed during the preceding 90-day period, or is likely to be reviewed in the coming quarter by the President or the President's designee under subsection (a) or (b). Each such summary and analysis shall be submitted in unclassified form, with classified annexes as the Secretary determines are required to protect company proprietary information and other sensitive information. Each such summary and analysis shall include an appendix detailing dissenting views."; and

    Inserted: (5) by adding at the end the following new subsections:

    Inserted: "(l) Congressional Authority.--

    Inserted: "(1) In general.--If the President does not suspend or prohibit an acquisition, merger, or takeover under subsection (d), the acquisition, merger, or takeover may not be consummated until 10 legislative days after the President notifies the Congress of the decision not to suspend or prohibit. If a joint resolution objecting to the proposed transaction is introduced in either House of Congress by the chairman of one of the appropriate congressional committees during such period, the transaction may not be consummated until 30 legislative days after such resolution is introduced.

    Inserted: "(2) Disapproval upon passage of resolution.--If a joint resolution introduced under paragraph (1) is enacted into law, the transaction may not be consummated.

    Inserted: "(3) Considerations.--The Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives shall review any findings and recommendations submitted under subsection (a) or (b), and any joint resolution under paragraph (1) of this subsection shall be based on the factors outlined in subsection (f).

    Inserted: "(4) Senate procedure.--Any joint resolution under paragraph (1) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329, 90 Stat. 765).

    Inserted: "(5) House consideration.--For the purpose of expediting the consideration and enactment of a joint resolution under paragraph (1), a motion to proceed to the consideration of any such joint resolution shall be treated as highly privileged in the House of Representatives.

    Inserted: "(m) Thorough Review.--The President, or the President's designee, shall ensure that an acquisition, merger, or takeover that is completed prior to a review or investigation under this section shall be fully reviewed for national security considerations, even in the event that a request for such review is withdrawn.".

    Original wording

    In lieu of the matter proposed to be inserted, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1467. Mr. SHELBY submitted an amendment intended to be proposed by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the following:

SEC. __. CONGRESSIONAL AUTHORITY UNDER DEFENSE PRODUCTION ACT.

Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended--

(1) in subsection (a)--

(A) by striking “30” and inserting “60”; and

(B) by adding at the end the following: “The findings and recommendations of any such investigation shall be sent immediately to the President and to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives for review.”;

(2) in subsection (b)--

(A) by inserting before the first period “, or in such instance at the request of the chairman and ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives”;

(B) in paragraph (2), by inserting before the period “, and the findings and recommendations of such investigation shall be sent immediately to the President and to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives for review”; and

(C) by striking “30” and inserting “60”;

(3) in subsection (f)--

(A) by striking “designee may” and inserting “designee shall”;

(B) in paragraph (4), by striking “and” at the end;

(C) in paragraph (5), by striking the period at the end and inserting “; and”; and

(D) by adding at the end the following:

“(6) the long-term projections of United States requirements for sources of energy and other critical resources and materials and for economic security.”.

(4) in subsection (g)--

(A) by striking “The President” and inserting the following:

“(1) In general.--The President”; and

(B) by adding at the end the following:

“(2) Quarterly submissions.--The Secretary of the Treasury shall transmit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on a quarterly basis, a detailed summary and analysis of each merger, acquisition, or takeover that is being reviewed, was reviewed during the preceding 90-day period, or is likely to be reviewed in the coming quarter by the President or the President's designee under subsection (a) or (b). Each such summary and analysis shall be submitted in unclassified form, with classified annexes as the Secretary determines are required to protect company proprietary information and other sensitive information. Each such summary and analysis shall include an appendix detailing dissenting views.”; and

(5) by adding at the end the following new subsections:

“(l) Congressional Authority.--

“(1) In general.--If the President does not suspend or prohibit an acquisition, merger, or takeover under subsection (d), the acquisition, merger, or takeover may not be consummated until 10 legislative days after the President notifies the Congress of the decision not to suspend or prohibit. If a joint resolution objecting to the proposed transaction is introduced in either House of Congress by the chairman of one of the appropriate congressional committees during such period, the transaction may not be consummated until 30 legislative days after such resolution is introduced.

“(2) Disapproval upon passage of resolution.--If a joint resolution introduced under paragraph (1) is enacted into law, the transaction may not be consummated.

“(3) Considerations.--The Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives shall review any findings and recommendations submitted under subsection (a) or (b), and any joint resolution under paragraph (1) of this subsection shall be based on the factors outlined in subsection (f).

“(4) Senate procedure.--Any joint resolution under paragraph (1) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329, 90 Stat. 765).

“(5) House consideration.--For the purpose of expediting the consideration and enactment of a joint resolution under paragraph (1), a motion to proceed to the consideration of any such joint resolution shall be treated as highly privileged in the House of Representatives.

“(m) Thorough Review.--The President, or the President's designee, shall ensure that an acquisition, merger, or takeover that is completed prior to a review or investigation under this section shall be fully reviewed for national security considerations, even in the event that a request for such review is withdrawn.”.

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Senate amendment submitted

July 25, 2005