[108th Congress Public Law 195]
[From the U.S. Government Printing Office]
[DOCID: f:publ195.108]
[[Page 2891]]
DEFENSE PRODUCTION ACT REAUTHORIZATION OF 2003
[[Page 117 STAT. 2892]]
Public Law 108-195
108th Congress
An Act
To reauthorize the Defense Production Act of 1950, and for other
purposes. <<NOTE: Dec. 19, 2003 - [S. 1680]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Defense Production Act
Reauthorization of 2003.>> assembled,
SECTION 1. <<NOTE: 50 USC app. 2061 note.>> 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. <<NOTE: 50 USC app. 2093 note.>> 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 <<NOTE: Deadline.>> 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
[[Page 117 STAT. 2893]]
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. <<NOTE: 50 USC app. 2062 note.>> REPORT ON CONTRACTING
WITH MINORITY- AND WOMEN-OWNED BUSINESSES.
(a) Report Required.--Before <<NOTE: Deadline.>> 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.
[[Page 117 STAT. 2894]]
(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 <<NOTE: 50 USC app. 2062 note.>> 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 <<NOTE: Deadline.>> 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).
[[Page 117 STAT. 2895]]
(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 <<NOTE: President. Establishment.>> 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.''.
Approved December 19, 2003.
LEGISLATIVE HISTORY--S. 1680:
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SENATE REPORTS: No. 108-156 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Sept. 30, considered and passed Senate.
Oct. 15, considered and passed House, amended.
Nov. 21, Senate concurred in House amendment with an
amendment.
Dec. 8, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Dec. 19, Presidential statement.
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