I 

111TH CONGRESS 

1ST SESSION S. 1677 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2009 

Referred to the Committee on Financial Services 

AN ACT 

To reauthorize the Defense Production Act of 1950, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Defense Production Act Reauthorization of 2009’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Reauthorization of Defense Production Act of 1950. 

Sec. 3. Declaration of policy. 

Sec. 4. Priority in contracts and orders. 

Sec. 5. Designation of energy as a strategic and critical material. 

Sec. 6. Strengthening domestic capability. 

Sec. 7. Expansion of productive capacity and supply. 

Sec. 8. Definitions. 

Sec. 9. Voluntary agreements and plans of action for national defense. 

Sec. 10. Employment of personnel; appointment policies; nucleus executive reserve; use of confidential information by employees; printing 

and distribution of reports. 

Sec. 11. Defense Production Act Committee. 

Sec. 12. Annual report on impact of offsets. 

6 SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT 

7 OF 1950. 

8 (a) TERMINATION OF ACT.— 

9 (1) TERMINATION.—Section 717 of the Defense 

10 Production Act of 1950 (50 U.S.C. App. 2166) is 

11 amended— 

12 (A) by striking subsections (a) and (b) and 

13 inserting the following: 

14 ‘‘(a) Title I (except section 104), title III, and title 

15 VII (except sections 707, 708, and 721 ) shall terminate 

16 on September 30, 2014, except that all authority extended 

17 under title III on or after the date of enactment of the 

18 Defense Production Act Reauthorization of 2009 shall be 

19 effective for any fiscal year only to such extent or in such 


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1 amounts as are provided in advance in appropriations 

2 Acts. 

3 ‘‘(b) Notwithstanding subsection (a), any agency cre4 ated under a provision of law that is terminated under 

5 subsection (a) may continue in existence, for purposes of 

6 liquidation, for a period not to exceed 6 months, beginning 

7 on the date of termination of the provision authorizing the 

8 creation of such agency under subsection (a).’’; and 

9 (B) in subsection (c), by striking the sec10 ond undesignated paragraph. 

11 (2) REPEALS.—Titles II, IV, V, and VI of the 

12 Defense Production Act of 1950 (50 U.S.C. App. 

13 2151 et seq., 2101 et seq., 2121 et seq., and 2131 

14 et seq.) are repealed. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 711 of the Defense Production Act of 1950 (50 U.S.C. 

17 App. 2161) is amended— 

18 (1) in subsection (a)— 

19 (A) in the first sentence, by striking ‘‘(in20 cluding’’ and all that follows through ‘‘) by’’ 

21 and inserting ‘‘by’’; and 

22 (B) by striking ‘‘(a) AUTHORIZATION.— 

23 Except as provided in subsection (b), there’’ 

24 and inserting ‘‘There’’; and 

25 (2) by striking subsection (b). 


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1 SEC. 3. DECLARATION OF POLICY. 

2 (a) FINDINGS.—Section 2 of the Defense Production 

3 Act of 1950 (50 U.S.C. App. 2062) is amended to read 

4 as follows: 

5 ‘‘SEC. 2. DECLARATION OF POLICY. 

6 ‘‘(a) FINDINGS.—Congress finds that— 

7 ‘‘(1) the security of the United States is de8 pendent on the ability of the domestic industrial 

9 base to supply materials and services for the na10 tional defense and to prepare for and respond to 

11 military conflicts, natural or man-caused disasters, 

12 or acts of terrorism within the United States; 

13 ‘‘(2) to ensure the vitality of the domestic in14 dustrial base, actions are needed— 

15 ‘‘(A) to promote industrial resources pre16 paredness in the event of domestic or foreign 

17 threats to the security of the United States; 

18 ‘‘(B) to support continuing improvements 

19 in industrial efficiency and responsiveness; 

20 ‘‘(C) to provide for the protection and res21 toration of domestic critical infrastructure oper22 ations under emergency conditions; and 

23 ‘‘(D) to respond to actions taken outside of 

24 the United States that could result in reduced 

25 supplies of strategic and critical materials, in26 cluding energy, necessary for national defense 


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1 and the general economic well-being of the 

2 United States; 

3 ‘‘(3) in order to provide for the national secu4 rity, the national defense preparedness effort of the 

5 United States Government requires— 

6 ‘‘(A) preparedness programs to respond to 

7 both domestic emergencies and international 

8 threats to national defense; 

9 ‘‘(B) measures to improve the domestic in10 dustrial base for national defense; 

11 ‘‘(C) the development of domestic produc12 tive capacity to meet— 

13 ‘‘(i) essential national defense needs 

14 that can result from emergency conditions; 

15 and 

16 ‘‘(ii) unique technological require17 ments; and 

18 ‘‘(D) the diversion of certain materials and 

19 facilities from ordinary use to national defense 

20 purposes, when national defense needs cannot 

21 otherwise be satisfied in a timely fashion; 

22 ‘‘(4) to meet the requirements referred to in 

23 this subsection, this Act provides the President with 

24 an array of authorities to shape national defense 

25 preparedness programs and to take appropriate 


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1 steps to maintain and enhance the domestic indus2 trial base; 

3 ‘‘(5) in order to ensure national defense pre4 paredness, it is necessary and appropriate to assure 

5 the availability of domestic energy supplies for na6 tional defense needs; 

7 ‘‘(6) to further assure the adequate mainte8 nance of the domestic industrial base, to the max9 imum extent possible, domestic energy supplies 

10 should be augmented through reliance on renewable 

11 energy sources (including solar, geothermal, wind, 

12 and biomass sources), more efficient energy storage 

13 and distribution technologies, and energy conserva14 tion measures; 

15 ‘‘(7) much of the industrial capacity that is re16 lied upon by the United States Government for mili17 tary production and other national defense purposes 

18 is deeply and directly influenced by— 

19 ‘‘(A) the overall competitiveness of the in20 dustrial economy of the United States; and 

21 ‘‘(B) the ability of industries in the United 

22 States, in general, to produce internationally 

23 competitive products and operate profitably 

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1 opment to preserve competitiveness with respect 

2 to military and civilian production; and 

3 ‘‘(8) the inability of industries in the United 

4 States, especially smaller subcontractors and sup5 pliers, to provide vital parts and components and 

6 other materials would impair the ability to sustain 

7 the Armed Forces of the United States in combat 

8 for longer than a short period. 

9 ‘‘(b) STATEMENT OF POLICY.—It is the policy of the 

10 United States that— 

11 ‘‘(1) to ensure the adequacy of productive ca12 pacity and supply, Federal departments and agen13 cies that are responsible for national defense acquisi14 tion should continuously assess the capability of the 

15 domestic industrial base to satisfy production re16 quirements under both peacetime and emergency 

17 conditions, specifically evaluating the availability of 

18 adequate production sources, including subcontrac19 tors and suppliers, materials, skilled labor, and pro20 fessional and technical personnel; 

21 ‘‘(2) every effort should be made to foster co22 operation between the defense and commercial sec23 tors for research and development and for acquisi24 tion of materials, components, and equipment; 


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1 ‘‘(3) plans and programs to carry out the pur2 poses of this Act should be undertaken with due con3 sideration for promoting efficiency and competition; 

4 ‘‘(4) in providing United States Government fi5 nancial assistance under this Act to correct a domes6 tic industrial base shortfall, the President should 

7 give consideration to the creation or maintenance of 

8 production sources that will remain economically via9 ble after such assistance has ended; 

10 ‘‘(5) authorities under this Act should be used 

11 to reduce the vulnerability of the United States to 

12 terrorist attacks, and to minimize the damage and 

13 assist in the recovery from terrorist attacks that 

14 occur in the United States; 

15 ‘‘(6) in order to ensure productive capacity in 

16 the event of an attack on the United States, the 

17 United States Government should encourage the ge18 ographic dispersal of industrial facilities in the 

19 United States to discourage the concentration of 

20 such productive facilities within limited geographic 

21 areas that are vulnerable to attack by an enemy of 

22 the United States; 

23 ‘‘(7) to ensure that essential national defense 

24 requirements are met, consideration should be given 


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1 to stockpiling strategic materials, to the extent that 

2 such stockpiling is economical and feasible; and 

3 ‘‘(8) in the construction of any industrial facil4 ity owned by the United States Government, in the 

5 rendition of any financial assistance by the United 

6 States Government for the construction, expansion, 

7 or improvement of any industrial facility, and in the 

8 production of goods and services, under this Act or 

9 any other provision of law, each department and 

10 agency of the United States Government should 

11 apply, under the coordination of the Federal Emer12 gency Management Agency, when practicable and 

13 consistent with existing law and the desirability for 

14 maintaining a sound economy, the principle of geo15 graphic dispersal of such facilities in the interest of 

16 national defense.’’. 

17 SEC. 4. PRIORITY IN CONTRACTS AND ORDERS. 

18 Section 101 of the Defense Production Act of 1950 

19 (50 U.S.C. App. 2071) is amended by adding at the end 

20 the following: 

21 ‘‘(d) The head of each Federal agency to which the 

22 President delegates authority under this section shall— 

23 ‘‘(1) not later than 270 days after the date of 

24 enactment of the Defense Production Act Reauthor25 ization of 2009, issue final rules, in accordance with 


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1 section 553 of title 5, United States Code, that es2 tablish standards and procedures by which the prior3 ities and allocations authority under this section is 

4 used to promote the national defense, under both 

5 emergency and nonemergency conditions; and 

6 ‘‘(2) as appropriate and to the extent prac7 ticable, consult with the heads of other Federal 

8 agencies to develop a consistent and unified Federal 

9 priorities and allocations system.’’. 

10 SEC. 5. DESIGNATION OF ENERGY AS A STRATEGIC AND 

11 CRITICAL MATERIAL. 

12 Section 106 of the Defense Production Act of 1950 

13 (50 U.S.C. App. 2076) is amended— 

14 (1) by striking ‘‘such designation’’ and all that 

15 follows through ‘‘(1)’’ and inserting ‘‘such designa16 tion’’; 

17 (2) by striking ‘‘; or’’ and inserting a period; 

18 and 

19 (3) by striking paragraph (2). 

20 SEC. 6. STRENGTHENING DOMESTIC CAPABILITY. 

21 Section 107 of the Defense Production Act of 1950 

22 (50 U.S.C. App. 2077) is amended— 

23 (1) in subsection (a)— 

24 (A) by inserting ‘‘restore,’’ after ‘‘mod25 ernize,’’; and 


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1 (B) by inserting ‘‘materials,’’ after 

2 ‘‘items,’’; and 

3 (2) in subsection (b)— 

4 (A) by striking paragraph (1); 

5 (B) by redesignating paragraphs (2) and 

6 (3) as paragraphs (1) and (2), respectively; and 

7 (C) in paragraph (1), as so redesignated, 

8 by striking ‘‘or critical technology items’’ and 

9 inserting ‘‘, critical technology items, essential 

10 materials, and industrial resources’’. 

11 SEC. 7. EXPANSION OF PRODUCTIVE CAPACITY AND SUP12 PLY. 

13 Title III of the Defense Production Act of 1950 (50 

14 U.S.C. App. 2091 et seq.) is amended to read as follows: 

15 ‘‘TITLE III—EXPANSION OF PRO16 DUCTIVE CAPACITY AND SUP17 PLY 

18 ‘‘SEC. 301. PRESIDENTIAL AUTHORIZATION FOR THE NA19 TIONAL DEFENSE. 

20 ‘‘(a) EXPEDITING PRODUCTION AND DELIVERIES OR

21 SERVICES.— 

22 ‘‘(1) AUTHORIZED ACTIVITIES.—To reduce cur23 rent or projected shortfalls of industrial resources, 

24 critical technology items, or essential materials need25 ed for national defense purposes, subject to such 


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1 regulations as the President may prescribe, the 

2 President may authorize a guaranteeing agency to 

3 provide guarantees of loans by private institutions 

4 for the purpose of financing any contractor, subcon5 tractor, provider of critical infrastructure, or other 

6 person in support of production capabilities or sup7 plies that are deemed by the guaranteeing agency to 

8 be necessary to create, maintain, expedite, expand, 

9 protect, or restore production and deliveries or serv10 ices essential to the national defense. 

11 ‘‘(2) PRESIDENTIAL DETERMINATIONS RE12 QUIRED.—Except during a period of national emer13 gency declared by Congress or the President, a loan 

14 guarantee may be entered into under this section 

15 only if the President determines that— 

16 ‘‘(A) the loan guarantee is for an activity 

17 that supports the production or supply of an in18 dustrial resource, critical technology item, or 

19 material that is essential for national defense 

20 purposes; 

21 ‘‘(B) without a loan guarantee, credit is 

22 not available to the loan applicant under rea23 sonable terms or conditions sufficient to finance 

24 the activity; 


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1 ‘‘(C) the loan guarantee is the most cost 

2 effective, expedient, and practical alternative for 

3 meeting the needs of the Federal Government; 

4 ‘‘(D) the prospective earning power of the 

5 loan applicant and the character and value of 

6 the security pledged provide a reasonable assur7 ance of repayment of the loan to be guaranteed; 

8 ‘‘(E) the loan to be guaranteed bears inter9 est at a rate determined by the Secretary of the 

10 Treasury to be reasonable, taking into account 

11 the then-current average yield on outstanding 

12 obligations of the United States with remaining 

13 periods of maturity comparable to the maturity 

14 of the loan; 

15 ‘‘(F) the loan agreement for the loan to be 

16 guaranteed provides that no provision of the 

17 loan agreement may be amended or waived 

18 without the consent of the fiscal agent of the 

19 United States for the guarantee; and 

20 ‘‘(G) the loan applicant has provided or 

21 will provide— 

22 ‘‘(i) an assurance of repayment, as de23 termined by the President; and 

24 ‘‘(ii) security— 


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1 ‘‘(I) in the form of a performance 

2 bond, insurance, collateral, or other 

3 means acceptable to the fiscal agent 

4 of the United States; and 

5 ‘‘(II) in an amount equal to not 

6 less than 20 percent of the amount of 

7 the loan. 

8 ‘‘(3) LIMITATIONS ON LOANS.—Loans under 

9 this section may be— 

10 ‘‘(A) made or guaranteed under the au11 thority of this section only to the extent that an 

12 appropriations Act— 

13 ‘‘(i) provides, in advance, budget au14 thority for the cost of such guarantees, as 

15 defined in section 502 of the Federal Cred16 it Reform Act of 1990 (2 U.S.C. 661a); 

17 and 

18 ‘‘(ii) establishes a limitation on the 

19 total loan principal that may be guaran20 teed; and 

21 ‘‘(B) made without regard to the limita22 tions of existing law, other than section 1341 of 

23 title 31, United States Code. 

24 ‘‘(b) FISCAL AGENTS OF THE UNITED STATES.— 


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1 ‘‘(1) IN GENERAL.—Any Federal agency or any 

2 Federal reserve bank, when designated by the Presi3 dent, is hereby authorized to act, on behalf of any 

4 guaranteeing agency, as fiscal agent of the United 

5 States in the making of such contracts of guarantee 

6 and in otherwise carrying out the purposes of this 

7 section. 

8 ‘‘(2) FUNDS.—All such funds as may be nec9 essary to enable any fiscal agent described in para10 graph (1) to carry out any guarantee made by it on 

11 behalf of any guaranteeing agency shall be supplied 

12 and disbursed by or under authority from such guar13 anteeing agency. 

14 ‘‘(3) LIMIT ON LIABILITY.—No fiscal agent de15 scribed in paragraph (1) shall have any responsi16 bility or accountability, except as agent in taking 

17 any action pursuant to or under authority of this 

18 section. 

19 ‘‘(4) REIMBURSEMENTS.—Each fiscal agent de20 scribed in paragraph (1) shall be reimbursed by each 

21 guaranteeing agency for all expenses and losses in22 curred by such fiscal agent in acting as agent on be23 half of such guaranteeing agency, including, notwith24 standing any other provision of law, attorneys’ fees 

25 and expenses of litigation. 


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1 ‘‘(c) OVERSIGHT.— 

2 ‘‘(1) IN GENERAL.—All actions and operations 

3 of fiscal agents under authority of or pursuant to 

4 this section shall be subject to the supervision of the 

5 President, and to such regulations as the President 

6 may prescribe. 

7 ‘‘(2) OTHER AUTHORITY.—The President is au8 thorized to prescribe— 

9 ‘‘(A) either specifically or by maximum 

10 limits or otherwise, rates of interest, guarantee 

11 and commitment fees, and other charges which 

12 may be made in connection with loans, dis13 counts, advances, or commitments guaranteed 

14 by the guaranteeing agencies through fiscal 

15 agents under this section; and 

16 ‘‘(B) regulations governing the forms and 

17 procedures (which shall be uniform to the ex18 tent practicable) to be utilized in connection 

19 with such guarantees. 

20 ‘‘(d) AGGREGATE GUARANTEE AMOUNTS.— 

21 ‘‘(1) INDUSTRIAL RESOURCE AND CRITICAL

22 TECHNOLOGY SHORTFALLS.— 

23 ‘‘(A) IN GENERAL.—If the making of any 

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1 dustrial base shortfall would cause the aggre2 gate outstanding amount of all guarantees for 

3 such shortfall to exceed $50,000,000, any such 

4 guarantee may be made only— 

5 ‘‘(i) if the President has notified the 

6 Committee on Banking, Housing, and 

7 Urban Affairs of the Senate and the Com8 mittee on Financial Services of the House 

9 of Representatives in writing of the pro10 posed guarantee; and 

11 ‘‘(ii) after the 30-day period following 

12 the date on which notice under clause (i) 

13 is provided. 

14 ‘‘(B) WAIVERS AUTHORIZED.—The re15 quirements of subparagraph (A) may be 

16 waived— 

17 ‘‘(i) during a period of national emer18 gency declared by Congress or the Presi19 dent; or 

20 ‘‘(ii) upon a determination by the 

21 President, on a nondelegable basis, that a 

22 specific guarantee is necessary to avert an 

23 industrial resource or critical technology 

24 item shortfall that would severely impair 

25 national defense capability. 


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1 ‘‘(2) OTHER LIMITATIONS.—The authority con2 ferred by this section shall not be used primarily to 

3 prevent the financial insolvency or bankruptcy of 

4 any person, unless— 

5 ‘‘(A) the President certifies that the insol6 vency or bankruptcy would have a direct and 

7 substantially adverse effect upon national de8 fense production; and 

9 ‘‘(B) a copy of the certification under sub10 paragraph (A), together with a detailed jus11 tification thereof, is transmitted to the Com12 mittee on Banking, Housing, and Urban Affairs 

13 of the Senate and the Committee on Financial 

14 Services of the House of Representatives not 

15 later than 10 days prior to the exercise of that 

16 authority for such use. 

17 ‘‘SEC. 302. LOANS TO PRIVATE BUSINESS ENTERPRISES. 

18 ‘‘(a) LOAN AUTHORITY.—To reduce current or pro19 jected shortfalls of industrial resources, critical technology 

20 items, or materials essential for the national defense, the 

21 President may make provision for loans to private busi22 ness enterprises (including nonprofit research corporations 

23 and providers of critical infrastructure) for the creation, 

24 maintenance, expansion, protection, or restoration of ca25 pacity, the development of technological processes, or the 


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1 production of essential materials, including the explo2 ration, development, and mining of strategic and critical 

3 metals and minerals. 

4 ‘‘(b) CONDITIONS OF LOANS.—Loans may be made 

5 under this section on such terms and conditions as the 

6 President deems necessary, except that— 

7 ‘‘(1) financial assistance may be extended only 

8 to the extent that it is not otherwise available from 

9 private sources on reasonable terms; and 

10 ‘‘(2) during periods of national emergency de11 clared by the Congress or the President, no such 

12 loan may be made unless the President determines 

13 that— 

14 ‘‘(A) the loan is for an activity that sup15 ports the production or supply of an industrial 

16 resource, critical technology item, or material 

17 that is essential to the national defense; 

18 ‘‘(B) without the loan, United States in19 dustry cannot reasonably be expected to provide 

20 the needed capacity, technological processes, or 

21 materials in a timely manner; 

22 ‘‘(C) the loan is the most cost-effective, ex23 pedient, and practical alternative method for 

24 meeting the need; 


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1 ‘‘(D) the prospective earning power of the 

2 loan applicant and the character and value of 

3 the security pledged provide a reasonable assur4 ance of repayment of the loan in accordance 

5 with the terms of the loan, as determined by 

6 the President; and 

7 ‘‘(E) the loan bears interest at a rate de8 termined by the Secretary of the Treasury to be 

9 reasonable, taking into account the then-current 

10 average yield on outstanding obligations of the 

11 United States with remaining periods of matu12 rity comparable to the maturity of the loan. 

13 ‘‘(c) LIMITATIONS ON LOANS.—Loans under this sec14 tion may be— 

15 ‘‘(1) made or guaranteed under the authority of 

16 this section only to the extent that an appropriations 

17 Act— 

18 ‘‘(A) provides, in advance, budget author19 ity for the cost of such guarantees, as defined 

20 in section 502 of the Federal Credit Reform 

21 Act of 1990 (2 U.S.C. 661a); and 

22 ‘‘(B) establishes a limitation on the total 

23 loan principal that may be guaranteed; and 


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1 ‘‘(2) made without regard to the limitations of 

2 existing law, other than section 1341 of title 31, 

3 United States Code. 

4 ‘‘(d) AGGREGATE LOAN AMOUNTS.— 

5 ‘‘(1) IN GENERAL.—If the making of any loan 

6 under this section to correct a shortfall would cause 

7 the aggregate outstanding amount of all obligations 

8 of the Federal Government under this title relating 

9 to such shortfall to exceed $50,000,000, such loan 

10 may be made only— 

11 ‘‘(A) if the President has notified the Com12 mittee on Banking, Housing, and Urban Affairs 

13 of the Senate and the Committee on Financial 

14 Services of the House of Representatives, in 

15 writing, of the proposed loan; and 

16 ‘‘(B) after the 30-day period following the 

17 date on which notice under subparagraph (A) is 

18 provided. 

19 ‘‘(2) WAIVERS AUTHORIZED.—The require20 ments of paragraph (1) may be waived— 

21 ‘‘(A) during a period of national emergency 

22 declared by the Congress or the President; and 

23 ‘‘(B) upon a determination by the Presi24 dent, on a nondelegable basis, that a specific 

25 loan is necessary to avert an industrial resource 


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1 or critical technology shortfall that would se2 verely impair national defense capability. 

3 ‘‘SEC. 303. OTHER PRESIDENTIAL ACTION AUTHORIZED. 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) IN GENERAL.—To create, maintain, pro6 tect, expand, or restore domestic industrial base ca7 pabilities essential for the national defense, the 

8 President may make provision— 

9 ‘‘(A) for purchases of or commitments to 

10 purchase an industrial resource or a critical 

11 technology item, for Government use or resale; 

12 ‘‘(B) for the encouragement of exploration, 

13 development, and mining of critical and stra14 tegic materials, and other materials; 

15 ‘‘(C) for the development of production ca16 pabilities; and 

17 ‘‘(D) for the increased use of emerging 

18 technologies in security program applications 

19 and the rapid transition of emerging tech20 nologies— 

21 ‘‘(i) from Government-sponsored re22 search and development to commercial ap23 plications; and 


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1 ‘‘(ii) from commercial research and 

2 development to national defense applica3 tions. 

4 ‘‘(2) TREATMENT OF CERTAIN AGRICULTURAL

5 COMMODITIES.—A purchase for resale under this 

6 subsection shall not include that part of the supply 

7 of an agricultural commodity which is domestically 

8 produced, except to the extent that such domestically 

9 produced supply may be purchased for resale for in10 dustrial use or stockpiling. 

11 ‘‘(3) TERMS OF SALES.—No commodity pur12 chased under this subsection shall be sold at less 

13 than— 

14 ‘‘(A) the established ceiling price for such 

15 commodity, except that minerals, metals, and 

16 materials shall not be sold at less than the es17 tablished ceiling price, or the current domestic 

18 market price, whichever is lower; or 

19 ‘‘(B) if no ceiling price has been estab20 lished, the higher of— 

21 ‘‘(i) the current domestic market price 

22 for such commodity; or 

23 ‘‘(ii) the minimum sale price estab24 lished for agricultural commodities owned 

25 or controlled by the Commodity Credit 


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1 Corporation, as provided in section 407 of 

2 the Agricultural Act of 1949 (7 U.S.C. 

3 1427). 

4 ‘‘(4) DELIVERY DATES.—No purchase or com5 mitment to purchase any imported agricultural com6 modity shall specify a delivery date which is more 

7 than 1 year after the date of termination of this sec8 tion. 

9 ‘‘(5) PRESIDENTIAL DETERMINATIONS.—Ex10 cept as provided in paragraph (7), the President 

11 may not execute a contract under this subsection un12 less the President determines that— 

13 ‘‘(A) the industrial resource, material, or 

14 critical technology item is essential to the na15 tional defense; and 

16 ‘‘(B) without Presidential action under this 

17 section, United States industry cannot reason18 ably be expected to provide the capability for 

19 the needed industrial resource, material, or crit20 ical technology item in a timely manner. 

21 ‘‘(6) NOTIFICATION TO CONGRESS OF SHORT22 FALL.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

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1 ing, and Urban Affairs of the Senate and the 

2 Committee on Financial Services of the House 

3 of Representatives of a domestic industrial base 

4 shortfall prior to taking action under this sub5 section to remedy the shortfall. The notice shall 

6 include the determinations made by the Presi7 dent under paragraph (5). 

8 ‘‘(B) AGGREGATE AMOUNTS.—If the tak9 ing of any action under this subsection to cor10 rect a domestic industrial base shortfall would 

11 cause the aggregate outstanding amount of all 

12 such actions for such shortfall to exceed 

13 $50,000,000, the action or actions may be 

14 taken only after the 30-day period following the 

15 date on which the Committee on Banking, 

16 Housing, and Urban Affairs of the Senate and 

17 the Committee on Financial Services of the 

18 House of Representatives have been notified in 

19 writing of the proposed action. 

20 ‘‘(7) WAIVERS AUTHORIZED.—The require21 ments of paragraphs (1) through (6) may be 

22 waived— 

23 ‘‘(A) during a period of national emergency 

24 declared by the Congress or the President; or 


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1 ‘‘(B) upon a determination by the Presi2 dent, on a nondelegable basis, that action is 

3 necessary to avert an industrial resource or 

4 critical technology item shortfall that would se5 verely impair national defense capability. 

6 ‘‘(b) EXEMPTION FOR CERTAIN LIMITATIONS.—Sub7 ject to the limitations in subsection (a), purchases and 

8 commitments to purchase and sales under subsection (a) 

9 may be made without regard to the limitations of existing 

10 law (other than section 1341 of title 31, United States 

11 Code), for such quantities, and on such terms and condi12 tions, including advance payments, and for such periods, 

13 but not extending beyond a date that is not more than 

14 10 years from the date on which such purchase, purchase 

15 commitment, or sale was initially made, as the President 

16 deems necessary, except that purchases or commitments 

17 to purchase involving higher than established ceiling prices 

18 (or if no such established ceiling prices exist, currently 

19 prevailing market prices) or anticipated loss on resale shall 

20 not be made, unless it is determined that supply of the 

21 materials could not be effectively increased at lower prices 

22 or on terms more favorable to the Government, or that 

23 such purchases are necessary to assure the availability to 

24 the United States of overseas supplies. 

25 ‘‘(c) PRESIDENTIAL FINDINGS.— 


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1 ‘‘(1) IN GENERAL.—The President may take 

2 the actions described in paragraph (2), if the Presi3 dent finds that— 

4 ‘‘(A) under generally fair and equitable 

5 ceiling prices, for any raw or nonprocessed ma6 terial, there will result a decrease in supplies 

7 from high-cost sources of such material, and 

8 that the continuation of such supplies is nec9 essary to carry out the objectives of this title; 

10 or 

11 ‘‘(B) an increase in cost of transportation 

12 is temporary in character and threatens to im13 pair maximum production or supply in any area 

14 at stable prices of any materials. 

15 ‘‘(2) SUBSIDY PAYMENTS AUTHORIZED.—Upon 

16 a finding under paragraph (1), the President may 

17 make provision for subsidy payments on any such 

18 domestically produced material, other than an agri19 cultural commodity, in such amounts and in such 

20 manner (including purchases of such material and 

21 its resale at a loss), and on such terms and condi22 tions, as the President determines to be necessary to 

23 ensure that supplies from such high-cost sources are 

24 continued, or that maximum production or supply in 


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1 such area at stable prices of such materials is main2 tained, as the case may be. 

3 ‘‘(d) INCIDENTAL AUTHORITY.—The procurement 

4 power granted to the President by this section shall in5 clude the power to transport and store and have processed 

6 and refined any materials procured under this section. 

7 ‘‘(e) INSTALLATION OF EQUIPMENT IN INDUSTRIAL

8 FACILITIES.— 

9 ‘‘(1) INSTALLATION AUTHORIZED.—If the 

10 President determines that such action will aid the 

11 national defense, the President is authorized— 

12 ‘‘(A) to procure and install additional 

13 equipment, facilities, processes or improvements 

14 to plants, factories, and other industrial facili15 ties owned by the Federal Government; 

16 ‘‘(B) to procure and install equipment 

17 owned by the Federal Government in plants, 

18 factories, and other industrial facilities owned 

19 by private persons; 

20 ‘‘(C) to provide for the modification or ex21 pansion of privately owned facilities, including 

22 the modification or improvement of production 

23 processes, when taking actions under section 

24 301, 302, or this section; and 


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1 ‘‘(D) to sell or otherwise transfer equip2 ment owned by the Federal Government and in3 stalled under this subsection to the owners of 

4 such plants, factories, or other industrial facili5 ties. 

6 ‘‘(2) INDEMNIFICATION.—The owner of any 

7 plant, factory, or other industrial facility that re8 ceives equipment owned by the Federal Government 

9 under this section shall agree— 

10 ‘‘(A) to waive any claim against the United 

11 States under section 107 or 113 of the Com12 prehensive Environmental Response, Compensa13 tion, and Liability Act of 1980 (42 U.S.C. 9607 

14 and 9613); and 

15 ‘‘(B) to indemnify the United States 

16 against any claim described in paragraph (1) 

17 made by a third party that arises out of the 

18 presence or use of equipment owned by the 

19 Federal Government. 

20 ‘‘(f) EXCESS METALS, MINERALS, AND MATE21 RIALS.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law to the contrary, metals, minerals, 

24 and materials acquired pursuant to this section 

25 which, in the judgment of the President, are excess 


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1 to the needs of programs under this Act, shall be 

2 transferred to the National Defense Stockpile estab3 lished by the Strategic and Critical Materials Stock 

4 Piling Act (50 U.S.C. 98 et seq.), when the Presi5 dent deems such action to be in the public interest. 

6 ‘‘(2) TRANSFERS AT NO CHARGE.—Transfers 

7 made pursuant to this subsection shall be made 

8 without charge against or reimbursement from funds 

9 appropriated for the purposes of the Strategic and 

10 Critical Materials Stock Piling Act (50 U.S.C. 98 et 

11 seq.), except that costs incident to such transfer, 

12 other than acquisition costs, shall be paid or reim13 bursed from such funds. 

14 ‘‘(g) SUBSTITUTES.—When, in the judgement of the 

15 President, it will aid the national defense, the President 

16 may make provision for the development of substitutes for 

17 strategic and critical materials, critical components, crit18 ical technology items, and other industrial resources. 

19 ‘‘SEC. 304. DEFENSE PRODUCTION ACT FUND. 

20 ‘‘(a) ESTABLISHMENT OF FUND.—There is estab21 lished in the Treasury of the United States a separate 

22 fund to be known as the ‘Defense Production Act Fund’ 

23 (in this section referred to as the ‘Fund’). 

24 ‘‘(b) MONEYS IN FUND.—There shall be credited to 

25 the Fund— 


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1 ‘‘(1) all moneys appropriated for the Fund, as 

2 authorized by section 711; and 

3 ‘‘(2) all moneys received by the Fund on trans4 actions entered into pursuant to section 303. 

5 ‘‘(c) USE OF FUND.—The Fund shall be available to 

6 carry out the provisions and purposes of this title, subject 

7 to the limitations set forth in this Act and in appropria8 tions Acts. 

9 ‘‘(d) DURATION OF FUND.—Moneys in the Fund 

10 shall remain available until expended. 

11 ‘‘(e) FUND BALANCE.—The Fund balance at the 

12 close of each fiscal year shall not exceed $750,000,000, 

13 excluding any moneys appropriated to the Fund during 

14 that fiscal year or obligated funds. If, at the close of any 

15 fiscal year, the Fund balance exceeds $750,000,000, the 

16 amount in excess of $750,000,000 shall be paid into the 

17 general fund of the Treasury. 

18 ‘‘(f) FUND MANAGER.—The President shall des19 ignate a Fund manager. The duties of the Fund manager 

20 shall include— 

21 ‘‘(1) determining the liability of the Fund in ac22 cordance with subsection (g); 

23 ‘‘(2) ensuring the visibility and accountability of 

24 transactions engaged in through the Fund; and 


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1 ‘‘(3) reporting to the Congress each year re2 garding activities of the Fund during the previous 

3 fiscal year. 

4 ‘‘(g) LIABILITIES AGAINST FUND.—When any agree5 ment entered into pursuant to this title after December 

6 31, 1991, imposes any contingent liability upon the United 

7 States, such liability shall be considered an obligation 

8 against the Fund.’’. 

9 SEC. 8. DEFINITIONS. 

10 Section 702 of the Defense Production Act of 1950 

11 (50 U.S.C. App. 2152) is amended— 

12 (1) in paragraph (1), by striking ‘‘military 

13 equipment identified by the Secretary of Defense’’ 

14 and inserting ‘‘equipment identified by the Presi15 dent’’; 

16 (2) by striking paragraphs (2), (4), (9), and 

17 (18); 

18 (3) by redesignating paragraph (3) as para19 graph (2); 

20 (4) by inserting after paragraph (2), as so re21 designated, the following: 

22 ‘‘(3) CRITICAL TECHNOLOGY.—The term ‘crit23 ical technology’ includes any technology designated 

24 by the President to be essential to the national de25 fense.’’; 


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1 (5) by redesignating paragraphs (5) through 

2 (8) as paragraphs (4) through (7), respectively; 

3 (6) in paragraph (6), as so redesignated— 

4 (A) in the paragraph heading, by striking 

5 ‘‘DEFENSE’’; 

6 (B) by striking ‘‘domestic defense’’ and in7 serting ‘‘domestic’’; and 

8 (C) by striking ‘‘graduated mobilization,’’; 

9 (7) by redesignating paragraphs (10) and (11) 

10 as paragraphs (8) and (9), respectively; 

11 (8) by inserting after paragraph (9), as so re12 designated, the following: 

13 ‘‘(10) GUARANTEEING AGENCY.—The term 

14 ‘guaranteeing agency’ means a department or agen15 cy of the United States engaged in procurement for 

16 the national defense. 

17 ‘‘(11) HOMELAND SECURITY.—The term ‘home18 land security’ includes efforts— 

19 ‘‘(A) to prevent terrorist attacks within the 

20 United States; 

21 ‘‘(B) to reduce the vulnerability of the 

22 United States to terrorism; 

23 ‘‘(C) to minimize damage from a terrorist 

24 attack in the United States; and 


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1 ‘‘(D) to recover from a terrorist attack in 

2 the United States.’’; 

3 (9) in paragraph (12), by striking ‘‘capacity’’ 

4 and inserting ‘‘base’’; 

5 (10) in paragraph (14), by striking ‘‘military 

6 assistance to any foreign nation’’ and inserting 

7 ‘‘military or critical infrastructure assistance to any 

8 foreign nation, homeland security’’; and 

9 (11) in paragraph (16)— 

10 (A) in subparagraph (A), by striking ‘‘or’’ 

11 at the end; 

12 (B) in subparagraph (B), by striking the 

13 period and inserting a semicolon; and 

14 (C) by adding at the end the following: 

15 ‘‘(C) the movement of individuals and 

16 property by all modes of civil transportation; or 

17 ‘‘(D) other national defense programs and 

18 activities.’’. 

19 SEC. 9. VOLUNTARY AGREEMENTS AND PLANS OF ACTION 

20 FOR NATIONAL DEFENSE. 

21 Section 708 of the Defense Production Act of 1950 

22 (50 U.S.C. App. 2158) is amended— 

23 (1) in subsection (c)— 

24 (A) in paragraph (1), by striking ‘‘defense 

25 of the United States’’ and all that follows 


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1 through the period and inserting ‘‘national de2 fense.’’; and 

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

4 ‘‘(3) Upon a determination by the President, on a 

5 nondelegable basis, that a specific voluntary agreement or 

6 plan of action is necessary to meet national defense re7 quirements resulting from an event that degrades or de8 stroys critical infrastructure— 

9 ‘‘(A) an individual that has been delegated au10 thority under paragraph (1) with respect to such 

11 agreement or plan shall not be required to consult 

12 with the Attorney General or the Federal Trade 

13 Commission under paragraph (2)(B); and 

14 ‘‘(B) the President shall publish a rule in ac15 cordance with subsection (e)(2)(B) and publish no16 tice in accordance with subsection (e)(3)(B) with re17 spect to such agreement or plan as soon as is prac18 ticable under the circumstances.’’; 

19 (2) in subsection (f)(2)— 

20 (A) by striking ‘‘two years’’ each place 

21 that term appears and inserting ‘‘5 years’’; and 

22 (B) by striking ‘‘two-year’’ and inserting 

23 ‘‘5-year’’; and 

24 (3) by striking subsection (n) and inserting the 

25 following: 


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1 ‘‘(n) EXEMPTION FROM ADVISORY COMMITTEE ACT

2 PROVISIONS.—Notwithstanding any other provision of 

3 law, the Federal Advisory Committee Act (5 U.S.C. App.) 

4 and any other provision of Federal law relating to advisory 

5 committees shall not apply to— 

6 ‘‘(1) the consultations referred to in subsection 

7 (c)(1); or 

8 ‘‘(2) any activity conducted under a voluntary 

9 agreement or plan of action approved pursuant to 

10 this section that complies with the requirements of 

11 this section.’’. 

12 SEC. 10. EMPLOYMENT OF PERSONNEL; APPOINTMENT 

13 POLICIES; NUCLEUS EXECUTIVE RESERVE; 

14 USE OF CONFIDENTIAL INFORMATION BY EM15 PLOYEES; PRINTING AND DISTRIBUTION OF 

16 REPORTS. 

17 Section 710 of the Defense Production Act of 1950 

18 (50 U.S.C. App. 2160) is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (2), by striking clause 

21 (iii); 

22 (B) by striking paragraph (4); 

23 (C) by redesignating paragraphs (5) 

24 through (8) as paragraphs (4) through (7), re25 spectively; and 


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1 (D) in paragraph (6), as so redesignated, 

2 by striking ‘‘At least’’ and all that follows 

3 through ‘‘survey’’ and inserting ‘‘The Director 

4 of the Office of Personnel Management shall 

5 carry out a biennial survey of’’; 

6 (2) in subsection (c), by striking the third sen7 tence; 

8 (3) in subsection (d), by striking ‘‘needed;’’ and 

9 all that follows through the period and inserting 

10 ‘‘needed.’’; and 

11 (4) in subsection (e)— 

12 (A) in the first sentence, by striking 

13 ‘‘emergency’’ and inserting ‘‘national defense 

14 emergency, as determined by the President’’; 

15 and 

16 (B) by striking the third sentence. 

17 SEC. 11. DEFENSE PRODUCTION ACT COMMITTEE. 

18 Section 722 of the Defense Production Act of 1950 

19 (50 U.S.C. App. 2171) is amended to read as follows: 

20 ‘‘SEC. 722. DEFENSE PRODUCTION ACT COMMITTEE. 

21 ‘‘(a) COMMITTEE ESTABLISHED.—There is estab22 lished the Defense Production Act Committee (in this sec23 tion referred to as the ‘Committee’), which shall advise 

24 the President on the effective use of the authority under 

25 this Act by the departments, agencies, and independent 


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1 establishments of the Federal Government to which the 

2 President has delegated authority under this Act. 

3 ‘‘(b) MEMBERSHIP.— 

4 ‘‘(1) IN GENERAL.—The members of the Com5 mittee shall be— 

6 ‘‘(A) the head of each Federal agency to 

7 which the President has delegated authority 

8 under this Act; and 

9 ‘‘(B) the Chairperson of the Council of 

10 Economic Advisors. 

11 ‘‘(2) CHAIRPERSON.—The President shall des12 ignate 1 member of the Committee as the Chair13 person of the Committee. 

14 ‘‘(c) EXECUTIVE DIRECTOR.— 

15 ‘‘(1) IN GENERAL.—The President shall ap16 point an Executive Director of the Defense Produc17 tion Act Committee (in this section referred to as 

18 the ‘Executive Director’), who shall— 

19 ‘‘(A) be responsible to the Chairperson of 

20 the Committee; and 

21 ‘‘(B) carry out such activities relating to 

22 the Committee as the Chairperson may deter23 mine. 


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1 ‘‘(2) APPOINTMENT.—The appointment by the 

2 President shall not be subject to the advice and con3 sent of the Senate. 

4 ‘‘(3) COMPENSATION.—For pay periods begin5 ning on or after the date on which each Chairperson 

6 is appointed, funds for the pay of the Executive Di7 rector shall be paid from appropriations to the sala8 ries and expenses account of the department or 

9 agency of the Chairperson of the Committee. The 

10 Executive Director shall be compensated at a rate of 

11 pay equivalent to that of a Deputy Assistant Sec12 retary (or a comparable position) of the Federal 

13 agency of the Chairperson of the Committee. 

14 ‘‘(d) REPORT.—Not later than the end of the first 

15 quarter of each calendar year, the Committee shall submit 

16 to the Committee on Banking, Housing, and Urban Af17 fairs of the Senate and the Committee on Financial Serv18 ices of the House of Representatives a report signed by 

19 each member of the Committee that contains— 

20 ‘‘(1) a review of the authority under this Act of 

21 each department, agency, or independent establish22 ment of the Federal Government to which the Presi23 dent has delegated authority under this Act; 

24 ‘‘(2) recommendations for the effective use of 

25 the authority described in paragraph (1) in a manVerDate Nov 24 2008 20:25 Sep 17, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1677.RFH S1677

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1 ner consistent with the statement of policy under 

2 section 2(b); 

3 ‘‘(3) recommendations for legislation, regula4 tions, executive orders, or other action by the Fed5 eral Government necessary to improve the use of the 

6 authority described in paragraph (1); and 

7 ‘‘(4) recommendations for improving informa8 tion sharing between departments, agencies, and 

9 independent establishments of the Federal Govern10 ment relating to all aspects of the authority de11 scribed in paragraph (1). 

12 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT.—The 

13 provisions of the Federal Advisory Committee Act (5 

14 U.S.C. App.) shall not apply to the Committee.’’. 

15 SEC. 12. ANNUAL REPORT ON IMPACT OF OFFSETS. 

16 (a) ANNUAL REPORT.—Title VII of the Defense Pro17 duction Act of 1950 (50 U.S.C. App. 2151 et seq.) is 

18 amended by adding at the end the following: 

19 ‘‘SEC. 723. ANNUAL REPORT ON IMPACT OF OFFSETS. 

20 ‘‘(a) REPORT REQUIRED.— 

21 ‘‘(1) IN GENERAL.—The President shall submit 

22 to the Committee on Banking, Housing, and Urban 

23 Affairs of the Senate and the Committee on Finan24 cial Services of the House of Representatives, a de25 tailed annual report on the impact of offsets on the 


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1 defense preparedness, industrial competitiveness, 

2 employment, and trade of the United States. 

3 ‘‘(2) DUTIES OF THE SECRETARY OF COM4 MERCE.—The Secretary of Commerce (hereafter in 

5 this subsection referred to as the ‘Secretary’) shall— 

6 ‘‘(A) prepare the report required by para7 graph (1); 

8 ‘‘(B) consult with the Secretary of De9 fense, the Secretary of the Treasury, the Sec10 retary of State, and the United States Trade 

11 Representative in connection with the prepara12 tion of such report; and 

13 ‘‘(C) function as the President’s Executive 

14 Agent for carrying out this section. 

15 ‘‘(b) INTERAGENCY STUDIES AND RELATED DATA.— 

16 ‘‘(1) PURPOSE OF REPORT.—Each report re17 quired under subsection (a) shall identify the cumu18 lative effects of offset agreements on— 

19 ‘‘(A) the full range of domestic defense 

20 productive capability (with special attention 

21 paid to the firms serving as lower-tier sub22 contractors or suppliers); and 

23 ‘‘(B) the domestic defense technology base 

24 as a consequence of the technology transfers as25 sociated with such offset agreements. 


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1 ‘‘(2) USE OF DATA.—Data developed or com2 piled by any agency while conducting any inter3 agency study or other independent study or analysis 

4 shall be made available to the Secretary to facilitate 

5 the execution of the Secretary’s responsibilities with 

6 respect to trade offset and countertrade policy devel7 opment. 

8 ‘‘(c) NOTICE OF OFFSET AGREEMENTS.— 

9 ‘‘(1) IN GENERAL.—If a United States firm en10 ters into a contract for the sale of a weapon system 

11 or defense-related item to a foreign country or for12 eign firm and such contract is subject to an offset 

13 agreement exceeding $5,000,000 in value, such firm 

14 shall furnish to the official designated in the regula15 tions promulgated pursuant to paragraph (2) infor16 mation concerning such sale. 

17 ‘‘(2) REGULATIONS.—The information to be 

18 furnished under paragraph (1) shall be prescribed in 

19 regulations promulgated by the Secretary. Such reg20 ulations shall provide protection from public disclo21 sure for such information, unless public disclosure is 

22 subsequently specifically authorized by the firm fur23 nishing the information. 

24 ‘‘(d) CONTENTS OF REPORT.— 


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1 ‘‘(1) IN GENERAL.—Each report under sub2 section (a) shall include— 

3 ‘‘(A) a net assessment of the elements of 

4 the industrial base and technology base covered 

5 by the report; 

6 ‘‘(B) recommendations for appropriate re7 medial action under the authority of this Act, 

8 or other law or regulations; 

9 ‘‘(C) a summary of the findings and rec10 ommendations of any interagency studies con11 ducted during the reporting period under sub12 section (b); 

13 ‘‘(D) a summary of offset arrangements 

14 concluded during the reporting period for which 

15 information has been furnished pursuant to 

16 subsection (c); and 

17 ‘‘(E) a summary and analysis of any bilat18 eral and multilateral negotiations relating to 

19 the use of offsets completed during the report20 ing period. 

21 ‘‘(2) ALTERNATIVE FINDINGS OR REC22 OMMENDATIONS.—Each report required under this 

23 section shall include any alternative findings or rec24 ommendations offered by any departmental SecVerDate Nov 24 2008 20:25 Sep 17, 2009 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1677.RFH S1677

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1 retary, agency head, or the United States Trade 

2 Representative to the Secretary. 

3 ‘‘(e) UTILIZATION OF ANNUAL REPORT IN NEGOTIA4 TIONS.—The findings and recommendations of the reports 

5 required by subsection (a), and any interagency reports 

6 and analyses shall be considered by representatives of the 

7 United States during bilateral and multilateral negotia8 tions to minimize the adverse effects of offsets.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 (1) DEFENSE PRODUCTION ACT AMENDMENTS

11 OF 1992.—Section 123(c)(1)(C) of the Defense Pro12 duction Act Amendments of 1992 (50 U.S.C. App. 

13 2099 note) is amended by striking ‘‘section 309(a) 

14 of the Defense Production Act of 1950 (50 U.S.C. 

15 App. 2099(a))’’ and inserting ‘‘section 723(a) of the 

16 Defense Production Act of 1950’’. 

17 (2) AMERICAN HOMEOWNERSHIP AND ECO18 NOMIC OPPORTUNITY ACT OF 2000.—Section 1102(2) 

19 of the American Homeownership and Economic Op20 portunity Act of 2000 (31 U.S.C. 1113 note) is 

21 amended by striking ‘‘309 of the Defense Production 

22 Act of 1950 (50 U.S.C. App. 2099)’’ and inserting 

23 ‘‘723 of the Defense Production Act of 1950’’. 

24 (3) DEFENSE PRODUCTION ACT AMENDMENTS

25 OF 2003.—Section 7(a) of the Defense Production 


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1 Act Amendments of 2003 (50 U.S.C. App. 2099 

2 note) is amended by striking ‘‘section 309(a) of the 

3 Defense Production Act of 1950 (50 U.S.C. App. 

4 2099(a))’’ and inserting ‘‘section 723(a) of the De5 fense Production Act of 1950’’. 

Passed the Senate September 16, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 


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