108TH CONGRESS

1ST SESSION S. 1680

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Defense Production

5 Act Reauthorization of 2003’’.
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1 SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT

2 OF 1950.

3 (a) IN GENERAL.—The 1st sentence of section

4 717(a) of the Defense Production Act of 1950 (50 U.S.C.

5 App. 2166(a)) is amended—

6 (1) by striking ‘‘sections 708’’ and inserting

7 ‘‘sections 707, 708,’’; and

8 (2) by striking ‘‘September 30, 2003’’ and in9 serting ‘‘September 30, 2004’’.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

11 711(b) of the Defense Production Act of 1950 (50 U.S.C.

12 App. 2161(b)) is amended by striking ‘‘through 2003’’

13 and inserting ‘‘through 2004’’.

14 SEC. 3. RESOURCE SHORTFALL FOR RADIATION-HARD15 ENED ELECTRONICS.

16 (a) IN GENERAL.—Notwithstanding the limitation

17 contained in section 303(a)(6)(C) of the Defense Produc18 tion Act of 1950 (50 U.S.C. App. 2093(a)(6)(C)), the

19 President may take actions under section 303 of the De20 fense Production Act of 1950 to correct the industrial re21 source shortfall for radiation-hardened electronics, to the

22 extent that such Presidential actions do not cause the ag23 gregate outstanding amount of all such actions to exceed

24 $200,000,000.

25 (b) REPORT BY THE SECRETARY.—Before the end of

26 the 6-month period beginning on the date of the enact-
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1 ment of this Act, the Secretary of Defense shall submit

2 a report to the Committee on Banking, Housing, and

3 Urban Affairs of the Senate and the Committee on Finan4 cial Services of the House of Representatives describing—

5 (1) the current state of the domestic industrial

6 base for radiation-hardened electronics;

7 (2) the projected requirements of the Depart8 ment of Defense for radiation-hardened electronics;

9 (3) the intentions of the Department of Defense

10 for the industrial base for radiation-hardened elec11 tronics; and

12 (4) the plans of the Department of Defense for

13 use of providers of radiation-hardened electronics be14 yond the providers with which the Department had

15 entered into contractual arrangements under the au16 thority of the Defense Production Act of 1950, as of

17 the date of the enactment of this Act.

18 SEC. 4. CLARIFICATION OF PRESIDENTIAL AUTHORITY.

19 Subsection (a) of section 705 of the Defense Produc20 tion Act of 1950 (50 U.S.C. App. 2155(a)) is amended

21 by inserting after the end of the 1st sentence the following

22 new sentence: ‘‘The authority of the President under this

23 section includes the authority to obtain information in

24 order to perform industry studies assessing the capabili-
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1 ties of the United States industrial base to support the

2 national defense.’’.

3 SEC. 5. CRITICAL INFRASTRUCTURE PROTECTION AND

4 RESTORATION.

5 Section 702 of the Defense Production Act of 1950

6 (50 U.S.C. App. 2152) is amended—

7 (1) by redesignating paragraphs (3) through

8 (17) as paragraphs (4) through (18), respectively;

9 (2) by inserting after paragraph (2) the fol10 lowing new paragraph:

11 ‘‘(3) CRITICAL INFRASTRUCTURE.—The term

12 ‘critical infrastructure’ means any systems and as13 sets, whether physical or cyber-based, so vital to the

14 United States that the degradation or destruction of

15 such systems and assets would have a debilitating

16 impact on national security, including, but not lim17 ited to, national economic security and national pub18 lic health or safety.’’; and

19 (3) in paragraph (14) (as so redesignated by

20 paragraph (1) of this section), by inserting ‘‘and

21 critical infrastructure protection and restoration’’

22 before the period at the end of the last sentence.
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1 SEC. 6. REPORT ON CONTRACTING WITH MINORITY- AND

2 WOMEN-OWNED BUSINESSES.

3 (a) REPORT REQUIRED.—Before the end of the 1-

4 year period beginning on the date of the enactment of this

5 Act, the Secretary of Defense shall submit a report to the

6 Committee on Banking, Housing, and Urban Affairs of

7 the Senate and the Committee on Financial Services of

8 the House of Representatives on the extent to which con9 tracts entered into during the fiscal year ending before

10 the end of such 1-year period under the Defense Produc11 tion Act of 1950 have been contracts with minority- and

12 women-owned businesses.

13 (b) CONTENTS OF REPORT.—The report submitted

14 under subsection (a) shall include the following:

15 (1) The types of goods and services obtained

16 under contracts with minority- and women-owned

17 businesses under the Defense Production Act of

18 1950 in the fiscal year covered in the report.

19 (2) The dollar amounts of such contracts.

20 (3) The ethnicity of the majority owners of such

21 minority- and women-owned businesses.

22 (4) A description of the types of barriers in the

23 contracting process, such as requirements for secu24 rity clearances, that limit contracting opportunities

25 for minority- and women-owned businesses, together

26 with such recommendations for legislative or admin-
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1 istrative action as the Secretary of Defense may de2 termine to be appropriate for increasing opportuni3 ties for contracting with minority- and women-owned

4 businesses and removing barriers to such increased

5 participation.

6 (c) DEFINITIONS.—For purposes of this section, the

7 terms ‘‘women-owned business’’ and ‘‘minority-owned

8 business’’ have the meanings given such terms in section

9 21A(r) of the Federal Home Loan Bank Act, and the term

10 ‘‘minority’’ has the meaning given such term in section

11 1204(c)(3) of the Financial Institutions Reform, Recov12 ery, and Enforcement Act of 1989.

Passed the Senate September 30 (legislative day,

September 29), 2003.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION S. 1680

AN ACT

to reauthorize the Defense Production Act of 1950,

and for other purposes.