108TH CONGRESS

1ST SESSION S. 1680

AMENDMENT

In the House of Representatives, U. S.,

October 15, 2003.

Resolved, That the bill from the Senate (S. 1680) entitled ‘‘An Act to reauthorize the Defense Production Act of

1950, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

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

3 Reauthorization of 2003’’.

4 SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT

5 OF 1950.

6 (a) IN GENERAL.—The 1st sentence of section 717(a)

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

8 2166(a)) is amended—

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

10 ‘‘sections 707, 708,’’; and

11 (2) by striking ‘‘September 30, 2003’’ and insert12 ing ‘‘September 30, 2008’’.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

14 711(b) of the Defense Production Act of 1950 (50 U.S.C.
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1 App. 2161(b)) is amended by striking ‘‘through 2003’’ and

2 inserting ‘‘through 2008’’.

3 SEC. 3. RESOURCE SHORTFALL FOR RADIATION-HARDENED

4 ELECTRONICS.

5 (a) IN GENERAL.—Notwithstanding the limitation

6 contained in section 303(a)(6)(C) of the Defense Production

7 Act of 1950 (50 U.S.C. App. 2093(a)(6)(C)), the President

8 may take actions under section 303 of the Defense Produc9 tion Act of 1950 to correct the industrial resource shortfall

10 for radiation-hardened electronics, to the extent that such

11 Presidential actions do not cause the aggregate outstanding

12 amount of all such actions to exceed $200,000,000.

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

14 the 6-month period beginning on the date of the enactment

15 of this Act, the Secretary of Defense shall submit a report

16 to the Committee on Banking, Housing, and Urban Affairs

17 of the Senate and the Committee on Financial Services of

18 the House of Representatives describing—

19 (1) the current state of the domestic industrial

20 base for radiation-hardened electronics;

21 (2) the projected requirements of the Department

22 of Defense for radiation-hardened electronics;

23 (3) the intentions of the Department of Defense

24 for the industrial base for radiation-hardened elec25 tronics; and
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1 (4) the plans of the Department of Defense for

2 use of providers of radiation-hardened electronics be3 yond the providers with which the Department had

4 entered into contractual arrangements under the au5 thority of the Defense Production Act of 1950, as of

6 the date of the enactment of this Act.

7 SEC. 4. CLARIFICATION OF PRESIDENTIAL AUTHORITY.

8 Subsection (a) of section 705 of the Defense Production

9 Act of 1950 (50 U.S.C. App. 2155(a)) is amended by insert10 ing after the end of the 1st sentence the following new sen11 tence: ‘‘The authority of the President under this section

12 includes the authority to obtain information in order to

13 perform industry studies assessing the capabilities of the

14 United States industrial base to support the national de15 fense.’’.

16 SEC. 5. CRITICAL INFRASTRUCTURE PROTECTION AND RES17 TORATION.

18 Section 702 of the Defense Production Act of 1950 (50

19 U.S.C. App. 2152) is amended—

20 (1) by redesignating paragraphs (3) through (17)

21 as paragraphs (4) through (18), respectively;

22 (2) by inserting after paragraph (2) the fol23 lowing new paragraph:

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

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

2 United States that the degradation or destruction of

3 such systems and assets would have a debilitating im4 pact on national security, including, but not limited

5 to, national economic security and national public

6 health or safety.’’; and

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

8 paragraph (1) of this section), by inserting ‘‘and crit9 ical infrastructure protection and restoration’’ before

10 the period at the end of the last sentence.

11 SEC. 6. REPORT ON CONTRACTING WITH MINORITY- AND

12 WOMEN-OWNED BUSINESSES.

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

14 period beginning on the date of the enactment of this Act,

15 the Secretary of Defense shall submit a report to the Com16 mittee on Banking, Housing, and Urban Affairs of the Sen17 ate and the Committee on Financial Services of the House

18 of Representatives on the extent to which contracts entered

19 into during the fiscal year ending before the end of such

20 1-year period under the Defense Production Act of 1950

21 have been contracts with minority- and women-owned busi22 nesses.

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

24 under subsection (a) shall include the following:
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1 (1) The types of goods and services obtained

2 under contracts with minority- and women-owned

3 businesses under the Defense Production Act of 1950

4 in the fiscal year covered in the report.

5 (2) The dollar amounts of such contracts.

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

7 minority- and women-owned businesses.

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

9 contracting process, such as requirements for security

10 clearances, that limit contracting opportunities for

11 minority- and women-owned businesses, together with

12 such recommendations for legislative or administra13 tive action as the Secretary of Defense may determine

14 to be appropriate for increasing opportunities for

15 contracting with minority- and women-owned busi16 nesses and removing barriers to such increased par17 ticipation.

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

19 terms ‘‘women-owned business’’ and ‘‘minority-owned busi20 ness’’ have the meanings given such terms in section 21A(r)

21 of the Federal Home Loan Bank Act, and the term ‘‘minor22 ity’’ has the meaning given such term in section 1204(c)(3)

23 of the Financial Institutions Reform, Recovery, and En24 forcement Act of 1989.
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1 SEC. 7. REPORT ON IMPACT OF OFFSETS ON DOMESTIC

2 CONTRACTORS AND HIGHER-TIER SUB3 CONTRACTORS.

4 (a) ASSESSMENT OF IMPACT REQUIRED.—In addition

5 to the information required to be included in the annual

6 report under section 309 of the Defense Production Act of

7 1950, the Secretary of Commerce shall assess the net impact,

8 in the defense trade, of foreign sales and related foreign con9 tracts that have been awarded through offsets, industrial

10 participation agreements, or similar arrangements on do11 mestic prime contractors and at least the first 3 tiers of

12 domestic subcontractors during the 5-year period beginning

13 on January 1, 1998.

14 (b) REPORT.—Before the end of the 1-year period be15 ginning on the date of the enactment of this Act, the Sec16 retary of Commerce shall submit a report to the Congress

17 containing findings and the conclusions of the Secretary

18 with regard to the assessment made pursuant to subsection

19 (a).

20 (c) COPIES OF REPORT.—Copies of the report pre21 pared pursuant to subsection (b) shall also be transmitted

22 to the United States Trade Representative and the inter-
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1 agency team established pursuant to section 123(c) of the

2 Defense Production Act Amendments of 1992.

Attest:

Clerk.