[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1680 Enrolled Bill (ENR)]
S.1680
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To reauthorize 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
Reauthorization of 2003''.
SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF 1950.
(a) In General.--The first sentence of section 717(a) of the
Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended--
(1) by striking ``sections 708'' and inserting ``sections 707,
708,''; and
(2) by striking ``September 30, 2003'' and inserting
``September 30, 2008''.
(b) Authorization of Appropriations.--Section 711(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking
``through 2003'' and inserting ``through 2008''.
SEC. 3. RESOURCE SHORTFALL FOR RADIATION-HARDENED ELECTRONICS.
(a) In General.--Notwithstanding the limitation contained in
section 303(a)(6)(C) of the Defense Production Act of 1950 (50 U.S.C.
App. 2093(a)(6)(C)), the President may take actions under section 303
of the Defense Production Act of 1950 to correct the industrial
resource shortfall for radiation-hardened electronics, to the extent
that such Presidential actions do not cause the aggregate outstanding
amount of all such actions to exceed $200,000,000.
(b) Report by the Secretary.--Before the end of the 6-month period
beginning on the date of the enactment of this Act, the Secretary of
Defense shall submit a report to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial Services of
the House of Representatives describing--
(1) the current state of the domestic industrial base for
radiation-hardened electronics;
(2) the projected requirements of the Department of Defense for
radiation-hardened electronics;
(3) the intentions of the Department of Defense for the
industrial base for radiation-hardened electronics; and
(4) the plans of the Department of Defense for use of providers
of radiation-hardened electronics beyond the providers with which
the Department had entered into contractual arrangements under the
authority of the Defense Production Act of 1950, as of the date of
the enactment of this Act.
SEC. 4. CLARIFICATION OF PRESIDENTIAL AUTHORITY.
Subsection (a) of section 705 of the Defense Production Act of 1950
(50 U.S.C. App. 2155(a)) is amended by inserting after the end of the
first sentence the following new sentence: ``The authority of the
President under this section includes the authority to obtain
information in order to perform industry studies assessing the
capabilities of the United States industrial base to support the
national defense.''.
SEC. 5. CRITICAL INFRASTRUCTURE PROTECTION AND RESTORATION.
Section 702 of the Defense Production Act of 1950 (50 U.S.C. App.
2152) is amended--
(1) by redesignating paragraphs (3) through (17) as paragraphs
(4) through (18), respectively;
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Critical infrastructure.--The term `critical
infrastructure' means any systems and assets, whether physical or
cyber-based, so vital to the United States that the degradation or
destruction of such systems and assets would have a debilitating
impact on national security, including, but not limited to,
national economic security and national public health or safety.'';
and
(3) in paragraph (14) (as so redesignated by paragraph (1) of
this section), by inserting ``and critical infrastructure
protection and restoration'' before the period at the end of the
last sentence.
SEC. 6. REPORT ON CONTRACTING WITH MINORITY- AND WOMEN-OWNED
BUSINESSES.
(a) Report Required.--Before the end of the 1-year period beginning
on the date of the enactment of this Act, the Secretary of Defense
shall submit a report to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services of the
House of Representatives on the extent to which contracts entered into
during the fiscal year ending before the end of such 1-year period
under the Defense Production Act of 1950 have been contracts with
minority- and women-owned businesses.
(b) Contents of Report.--The report submitted under subsection (a)
shall include the following:
(1) The types of goods and services obtained under contracts
with minority- and women-owned businesses under the Defense
Production Act of 1950 in the fiscal year covered in the report.
(2) The dollar amounts of such contracts.
(3) The ethnicity of the majority owners of such minority- and
women-owned businesses.
(4) A description of the types of barriers in the contracting
process, such as requirements for security clearances, that limit
contracting opportunities for minority- and women-owned businesses,
together with such recommendations for legislative or
administrative action as the Secretary of Defense may determine to
be appropriate for increasing opportunities for contracting with
minority- and women-owned businesses and removing barriers to such
increased participation.
(c) Definitions.--For purposes of this section, the terms ``women-
owned business'' and ``minority-owned business'' have the meanings
given such terms in section 21A(r) of the Federal Home Loan Bank Act,
and the term ``minority'' has the meaning given such term in section
1204(c)(3) of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
SEC. 7. REPORT ON IMPACT OF OFFSETS ON DOMESTIC CONTRACTORS AND LOWER
TIER SUBCONTRACTORS.
(a) Examination of Impact Required.--
(1) In general.--As part of the annual report required under
section 309(a) of the Defense Production Act of 1950 (50 U.S.C.
App. 2099(a)), the Secretary of Commerce (in this section referred
to as the ``Secretary'') shall--
(A) detail the number of foreign contracts involving
domestic contractors that use offsets, industrial participation
agreements, or similar arrangements during the preceding 5-year
period;
(B) calculate the aggregate, median, and mean values of the
contracts and the offsets, industrial participation agreements,
and similar arrangements during the preceding 5-year period;
and
(C) describe the impact of international or foreign sales
of United States defense products and related offsets,
industrial participation agreements, and similar arrangements
on domestic prime contractors and, to the extent practicable,
the first 3 tiers of domestic contractors and subcontractors
during the preceding 5-year period in terms of domestic
employment, including any job losses, on an annual basis.
(2) Use of internal documents.--To the extent that the
Department of Commerce is already in possession of relevant data,
the Department shall use internal documents or existing
departmental records to carry out paragraph (1).
(3) Information from non-federal entities.--
(A) Existing information.--In carrying out paragraph (1),
the Secretary shall only require a non-Federal entity to
provide information that is available through the existing data
collection and reporting systems of that non-Federal entity.
(B) Format.--The Secretary may require a non-Federal entity
to provide information to the Secretary in the same form that
is already provided to a foreign government in fulfilling an
offset arrangement, industrial participation agreement, or
similar arrangement.
(b) Report.--
(1) In general.--Before the end of the 8-month period beginning
on the date of enactment of this Act, the Secretary shall submit to
Congress a report containing the findings and conclusions of the
Secretary with regard to the examination made pursuant to
subsection (a).
(2) Copies of report.--The Secretary shall also transmit copies
of the report prepared under paragraph (1) to the United States
Trade Representative and the interagency team established pursuant
to section 123(c) of the Defense Production Act Amendments of 1992
(50 U.S.C. App. 2099 note).
(c) Responsibilities Regarding Consultation With Foreign Nations.--
Section 123(c) of the Defense Production Act Amendments of 1992 (50
U.S.C. App. 2099 note) is amended to read as follows:
``(c) Negotiations.--
``(1) Interagency team.--
``(A) In general.--It is the policy of Congress that the
President shall designate a chairman of an interagency team
comprised of the Secretary of Commerce, Secretary of Defense,
United States Trade Representative, Secretary of Labor, and
Secretary of State to consult with foreign nations on limiting
the adverse effects of offsets in defense procurement without
damaging the economy or the defense industrial base of the
United States or United States defense production or defense
preparedness.
``(B) Meetings.--The President shall direct the interagency
team to meet on a quarterly basis.
``(C) Reports.--The President shall direct the interagency
team to submit to Congress an annual report, to be included as
part of the report required under section 309(a) of the Defense
Production Act of 1950 (50 U.S.C. App. 2099(a)), that describes
the results of the consultations of the interagency team under
subparagraph (A) and the meetings of the interagency team under
subparagraph (B).
``(2) Recommendations for modifications.--The interagency team
shall submit to the President any recommendations for modifications
of any existing or proposed memorandum of understanding between
officials acting on behalf of the United States and one or more
foreign countries (or any instrumentality of a foreign country)
relating to--
``(A) research, development, or production of defense
equipment; or
``(B) the reciprocal procurement of defense items.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.