(Title 50 Appendix)
§ 2171. Defense Production Act Committee
(a) Committee established
There is established the Defense Production Act Committee (in this section referred to as the “Committee”), which shall advise the President on the effective use of the authority under this Act [sections 2061 to 2170, 2171, and 2172 of this Appendix] by the departments, agencies, and independent establishments of the Federal Government to which the President has delegated authority under this Act.
(b) Membership
(1) In general
The members of the Committee shall be—
(A) the head of each Federal agency to which the President has delegated authority under this Act [sections 2061 to 2170, 2171, and 2172 of this Appendix]; and
(B) the Chairperson of the Council of Economic Advisors.
(2) Chairperson
The President shall designate 1 member of the Committee as the Chairperson of the Committee.
(c) Executive Director
(1) In general
The President shall appoint an Executive Director of the Defense Production Act Committee (in this section referred to as the “Executive Director”), who shall—
(A) be responsible to the Chairperson of the Committee; and
(B) carry out such activities relating to the Committee as the Chairperson may determine.
(2) Appointment
The appointment by the President shall not be subject to the advice and consent of the Senate.
(3) Compensation
For pay periods beginning on or after the date on which each Chairperson is appointed, funds for the pay of the Executive Director shall be paid from appropriations to the salaries and expenses account of the department or agency of the Chairperson of the Committee. The Executive Director shall be compensated at a rate of pay equivalent to that of a Deputy Assistant Secretary (or a comparable position) of the Federal agency of the Chairperson of the Committee.
(d) Report
Not later than the end of the first quarter of each calendar year, the Committee shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report signed by each member of the Committee that contains—
(1) a review of the authority under this Act [sections 2061 to 2170, 2171, and 2172 of this Appendix] of each department, agency, or independent establishment of the Federal Government to which the President has delegated authority under this Act;
(2) recommendations for the effective use of the authority described in paragraph (1) in a manner consistent with the statement of policy under section 2(b) [section 2062(b) of this Appendix];
(3) recommendations for legislation, regulations, executive orders, or other action by the Federal Government necessary to improve the use of the authority described in paragraph (1); and
(4) recommendations for improving information sharing between departments, agencies, and independent establishments of the Federal Government relating to all aspects of the authority described in paragraph (1).
(e) Federal Advisory Committee Act
The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.
(Sept. 8, 1950, ch. 932, title VII, § 722, as added Pub. L. 102–558, title I, § 135, Oct. 28, 1992, 106 Stat. 4212; amended Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 111–67, § 11, Sept. 30, 2009, 123 Stat. 2019.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 2009—Pub. L. 111–67 amended section generally. Prior to amendment, section related to defense industrial base information system with regard to its establishment, sources of information, strategic plan for developing comprehensive system, capabilities, and required report on subcontractor and supplier base.
heading: Effective Date
text: Section deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as an Effective Date of 1992 Amendment note under section 2062 of this Appendix.
heading: Termination Date
text: Termination of section, see section 2166(a) of this Appendix.
heading: Designating the Chairperson of the Defense Production Act Committee
text: Memorandum of President of the United States, May 19, 2010, 75 F.R. 32087, provided:
Memorandum for the Secretary of Defense [and] the Secretary of Homeland Security
Pursuant to the authority vested in me by section 722(b)(2) of the Defense Production Act of 1950, as amended (section 11 of Public Law 111–67; 50 App. U.S.C. 2171) (the “Act”), I hereby designate the Secretary of Homeland Security and the Secretary of Defense as rotating Chairpersons of the Defense Production Act Committee (the “Committee”). The Chair shall rotate annually on April 1 of each year, with the Secretary of Homeland Security hereby designated to serve as Chairperson of the Committee for the remainder of this first term. The Secretary of Homeland Security and the Secretary of Defense are directed to formalize responsibilities for funding and administratively supporting the Committee through interagency agreement.
Furthermore, the Chairperson shall invite to each meeting of the Committee all Members of the Committee as defined in section 722(b) of the Act, and shall ensure that the reporting requirements of section 722(d) of the Act are fulfilled.
The Secretary of Homeland Security is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.