Defense Production Act Reauthorization of 2009
PL 111-67 (S.1677), enacted 09/30/2009

123 STAT. 2006 
PUBLIC LAW 111–67—SEPT. 30, 2009 
Public Law 111–67 
111th Congress 
An Act 
To reauthorize the Defense Production Act of 1950, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Defense 
Production Act Reauthorization of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 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. 
SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF 1950. 
(a) TERMINATION OF ACT.— 
(1) TERMINATION.—Section 717 of the Defense Production 
Act of 1950 (50 U.S.C. App. 2166) is amended— 
(A) by striking subsections (a) and (b) and inserting 
the following: 
‘‘(a) Title I (except section 104), title III, and title VII (except 
sections 707, 708, and 721) shall terminate on September 30, 2014, 
except that all authority extended under title III on or after the 
date of enactment of the Defense Production Act Reauthorization 
of 2009 shall be effective for any fiscal year only to such extent 
or in such amounts as are provided in advance in appropriations 
Acts. 
‘‘(b) Notwithstanding subsection (a), any agency created under 
a provision of law that is terminated under subsection (a) may 
continue in existence, for purposes of liquidation, for a period not 
to exceed 6 months, beginning on the date of termination of the 
provision authorizing the creation of such agency under subsection 
(a).’’; and 
(B) in subsection (c), by striking the second undesig-
nated paragraph. 
Defense 
Production Act 
Reauthorization 
of 2009. 
50 USC 
app. 2061 note. 
Sept. 30, 2009 
[S. 1677] 
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123 STAT. 2007 
PUBLIC LAW 111–67—SEPT. 30, 2009 
(2) REPEALS.—Titles II, IV, V, and VI of the Defense 
Production Act of 1950 (50 U.S.C. App. 2151 et seq., 2101 
et seq., 2121 et seq., and 2131 et seq.) are repealed. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 711 of the 
Defense Production Act of 1950 (50 U.S.C. App. 2161) is amended— 
(1) in subsection (a)— 
(A) in the first sentence, by striking ‘‘(including’’ and 
all that follows through ‘‘) by’’ and inserting ‘‘by’’; and 
(B) by striking ‘‘(a) AUTHORIZATION.—Except as pro-
vided in subsection (b), there’’ and inserting ‘‘There’’; and 
(2) by striking subsection (b). 
SEC. 3. DECLARATION OF POLICY. 
(a) FINDINGS.—Section 2 of the Defense Production Act of 1950 
(50 U.S.C. App. 2062) is amended to read as follows: 
‘‘SEC. 2. DECLARATION OF POLICY. 
‘‘(a) FINDINGS.—Congress finds that— 
‘‘(1) the security of the United States is dependent on 
the ability of the domestic industrial base to supply materials 
and services for the national defense and to prepare for and 
respond to military conflicts, natural or man-caused disasters, 
or acts of terrorism within the United States; 
‘‘(2) to ensure the vitality of the domestic industrial base, 
actions are needed— 
‘‘(A) to promote industrial resources preparedness in 
the event of domestic or foreign threats to the security 
of the United States; 
‘‘(B) to support continuing improvements in industrial 
efficiency and responsiveness; 
‘‘(C) to provide for the protection and restoration of 
domestic critical infrastructure operations under emergency 
conditions; and 
‘‘(D) to respond to actions taken outside of the United 
States that could result in reduced supplies of strategic 
and critical materials, including energy, necessary for 
national defense and the general economic well-being of 
the United States; 
‘‘(3) in order to provide for the national security, the 
national defense preparedness effort of the United States 
Government requires— 
‘‘(A) preparedness programs to respond to both 
domestic emergencies and international threats to national 
defense; 
‘‘(B) measures to improve the domestic industrial base 
for national defense; 
‘‘(C) the development of domestic productive capacity 
to meet— 
‘‘(i) essential national defense needs that can result 
from emergency conditions; and 
‘‘(ii) unique technological requirements; and 
‘‘(D) the diversion of certain materials and facilities 
from ordinary use to national defense purposes, when 
national defense needs cannot otherwise be satisfied in 
a timely fashion; 
‘‘(4) to meet the requirements referred to in this subsection, 
this Act provides the President with an array of authorities 
to shape national defense preparedness programs and to take 
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123 STAT. 2008 
PUBLIC LAW 111–67—SEPT. 30, 2009 
appropriate steps to maintain and enhance the domestic indus-
trial base; 
‘‘(5) in order to ensure national defense preparedness, it 
is necessary and appropriate to assure the availability of 
domestic energy supplies for national defense needs; 
‘‘(6) to further assure the adequate maintenance of the 
domestic industrial base, to the maximum extent possible, 
domestic energy supplies should be augmented through reliance 
on renewable energy sources (including solar, geothermal, wind, 
and biomass sources), more efficient energy storage and dis-
tribution technologies, and energy conservation measures; 
‘‘(7) much of the industrial capacity that is relied upon 
by the United States Government for military production and 
other national defense purposes is deeply and directly influ-
enced by— 
‘‘(A) the overall competitiveness of the industrial 
economy of the United States; and 
‘‘(B) the ability of industries in the United States, 
in general, to produce internationally competitive products 
and operate profitably while maintaining adequate research 
and development to preserve competitiveness with respect 
to military and civilian production; and 
‘‘(8) the inability of industries in the United States, espe-
cially smaller subcontractors and suppliers, to provide vital 
parts and components and other materials would impair the 
ability to sustain the Armed Forces of the United States in 
combat for longer than a short period. 
‘‘(b) STATEMENT
OF POLICY.—It is the policy of the United 
States that— 
‘‘(1) to ensure the adequacy of productive capacity and 
supply, Federal departments and agencies that are responsible 
for national defense acquisition should continuously assess the 
capability of the domestic industrial base to satisfy production 
requirements under both peacetime and emergency conditions, 
specifically evaluating the availability of adequate production 
sources, including subcontractors and suppliers, materials, 
skilled labor, and professional and technical personnel; 
‘‘(2) every effort should be made to foster cooperation 
between the defense and commercial sectors for research and 
development and for acquisition of materials, components, and 
equipment; 
‘‘(3) plans and programs to carry out the purposes of this 
Act should be undertaken with due consideration for promoting 
efficiency and competition; 
‘‘(4) in providing United States Government financial 
assistance under this Act to correct a domestic industrial base 
shortfall, the President should give consideration to the creation 
or maintenance of production sources that will remain economi-
cally viable after such assistance has ended; 
‘‘(5) authorities under this Act should be used to reduce 
the vulnerability of the United States to terrorist attacks, and 
to minimize the damage and assist in the recovery from ter-
rorist attacks that occur in the United States; 
‘‘(6) in order to ensure productive capacity in the event 
of an attack on the United States, the United States Govern-
ment should encourage the geographic dispersal of industrial 
facilities in the United States to discourage the concentration 
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123 STAT. 2009 
PUBLIC LAW 111–67—SEPT. 30, 2009 
of such productive facilities within limited geographic areas 
that are vulnerable to attack by an enemy of the United States; 
‘‘(7) to ensure that essential national defense requirements 
are met, consideration should be given to stockpiling strategic 
materials, to the extent that such stockpiling is economical 
and feasible; and 
‘‘(8) in the construction of any industrial facility owned 
by the United States Government, in the rendition of any 
financial assistance by the United States Government for the 
construction, expansion, or improvement of any industrial 
facility, and in the production of goods and services, under 
this Act or any other provision of law, each department and 
agency of the United States Government should apply, under 
the coordination of the Federal Emergency Management 
Agency, when practicable and consistent with existing law and 
the desirability for maintaining a sound economy, the principle 
of geographic dispersal of such facilities in the interest of 
national defense.’’. 
SEC. 4. PRIORITY IN CONTRACTS AND ORDERS. 
Section 101 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2071) is amended by adding at the end the following: 
‘‘(d) The head of each Federal agency to which the President 
delegates authority under this section shall— 
‘‘(1) not later than 270 days after the date of enactment 
of the Defense Production Act Reauthorization of 2009, issue 
final rules, in accordance with section 553 of title 5, United 
States Code, that establish standards and procedures by which 
the priorities and allocations authority under this section is 
used to promote the national defense, under both emergency 
and nonemergency conditions; and 
‘‘(2) as appropriate and to the extent practicable, consult 
with the heads of other Federal agencies to develop a consistent 
and unified Federal priorities and allocations system.’’. 
SEC. 5. DESIGNATION OF ENERGY AS A STRATEGIC AND CRITICAL 
MATERIAL. 
Section 106 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2076) is amended— 
(1) by striking ‘‘such designation’’ and all that follows 
through ‘‘(1)’’ and inserting ‘‘such designation’’; 
(2) by striking ‘‘; or’’ and inserting a period; and 
(3) by striking paragraph (2). 
SEC. 6. STRENGTHENING DOMESTIC CAPABILITY. 
Section 107 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2077) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘restore,’’ after ‘‘modernize,’’; and 
(B) by inserting ‘‘materials,’’ after ‘‘items,’’; and 
(2) in subsection (b)— 
(A) by striking paragraph (1); 
(B) by redesignating paragraphs (2) and (3) as para-
graphs (1) and (2), respectively; and 
(C) in paragraph (1), as so redesignated, by striking 
‘‘or critical technology items’’ and inserting ‘‘, critical tech-
nology items, essential materials, and industrial resources’’. 
Consultation. 
Deadline. 
Regulations. 
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123 STAT. 2010 
PUBLIC LAW 111–67—SEPT. 30, 2009 
SEC. 7. EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY. 
Title III of the Defense Production Act of 1950 (50 U.S.C. 
App. 2091 et seq.) is amended to read as follows: 
‘‘TITLE III—EXPANSION OF 
PRODUCTIVE CAPACITY AND SUPPLY 
‘‘SEC. 301. PRESIDENTIAL AUTHORIZATION FOR THE NATIONAL 
DEFENSE. 
‘‘(a) EXPEDITING PRODUCTION AND DELIVERIES OR SERVICES.— 
‘‘(1) AUTHORIZED
ACTIVITIES.—To reduce current or pro-
jected shortfalls of industrial resources, critical technology 
items, or essential materials needed for national defense pur-
poses, subject to such regulations as the President may pre-
scribe, the President may authorize a guaranteeing agency 
to provide guarantees of loans by private institutions for the 
purpose of financing any contractor, subcontractor, provider 
of critical infrastructure, or other person in support of produc-
tion capabilities or supplies that are deemed by the guaran-
teeing agency to be necessary to create, maintain, expedite, 
expand, protect, or restore production and deliveries or services 
essential to the national defense. 
‘‘(2) PRESIDENTIAL
DETERMINATIONS
REQUIRED.—Except 
during a period of national emergency declared by Congress 
or the President, a loan guarantee may be entered into under 
this section only if the President determines that— 
‘‘(A) the loan guarantee is for an activity that supports 
the production or supply of an industrial resource, critical 
technology item, or material that is essential for national 
defense purposes; 
‘‘(B) without a loan guarantee, credit is not available 
to the loan applicant under reasonable terms or conditions 
sufficient to finance the activity; 
‘‘(C) the loan guarantee is the most cost effective, expe-
dient, and practical alternative for meeting the needs of 
the Federal Government; 
‘‘(D) the prospective earning power of the loan 
applicant and the character and value of the security 
pledged provide a reasonable assurance of repayment of 
the loan to be guaranteed; 
‘‘(E) the loan to be guaranteed bears interest at a 
rate determined by the Secretary of the Treasury to be 
reasonable, taking into account the then-current average 
yield on outstanding obligations of the United States with 
remaining periods of maturity comparable to the maturity 
of the loan; 
‘‘(F) the loan agreement for the loan to be guaranteed 
provides that no provision of the loan agreement may be 
amended or waived without the consent of the fiscal agent 
of the United States for the guarantee; and 
‘‘(G) the loan applicant has provided or will provide— 
‘‘(i) an assurance of repayment, as determined by 
the President; and 
‘‘(ii) security— 
50 USC 
app. 2091. 
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123 STAT. 2011 
PUBLIC LAW 111–67—SEPT. 30, 2009 
‘‘(I) in the form of a performance bond, insur-
ance, collateral, or other means acceptable to the 
fiscal agent of the United States; and 
‘‘(II) in an amount equal to not less than 20 
percent of the amount of the loan. 
‘‘(3) LIMITATIONS ON LOANS.—Loans under this section may 
be— 
‘‘(A) made or guaranteed under the authority of this 
section only to the extent that an appropriations Act— 
‘‘(i) provides, in advance, budget authority for the 
cost of such guarantees, as defined in section 502 of 
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); 
and 
‘‘(ii) establishes a limitation on the total loan prin-
cipal that may be guaranteed; and 
‘‘(B) made without regard to the limitations of existing 
law, other than section 1341 of title 31, United States 
Code. 
‘‘(b) FISCAL AGENTS OF THE UNITED STATES.— 
‘‘(1) IN
GENERAL.—Any Federal agency or any Federal 
reserve bank, when designated by the President, is hereby 
authorized to act, on behalf of any guaranteeing agency, as 
fiscal agent of the United States in the making of such contracts 
of guarantee and in otherwise carrying out the purposes of 
this section. 
‘‘(2) FUNDS.—All such funds as may be necessary to enable 
any fiscal agent described in paragraph (1) to carry out any 
guarantee made by it on behalf of any guaranteeing agency 
shall be supplied and disbursed by or under authority from 
such guaranteeing agency. 
‘‘(3) LIMIT ON LIABILITY.—No fiscal agent described in para-
graph (1) shall have any responsibility or accountability, except 
as agent in taking any action pursuant to or under authority 
of this section. 
‘‘(4) REIMBURSEMENTS.—Each fiscal agent described in 
paragraph (1) shall be reimbursed by each guaranteeing agency 
for all expenses and losses incurred by such fiscal agent in 
acting as agent on behalf of such guaranteeing agency, 
including, notwithstanding any other provision of law, attor-
neys’ fees and expenses of litigation. 
‘‘(c) OVERSIGHT.— 
‘‘(1) IN
GENERAL.—All actions and operations of fiscal 
agents under authority of or pursuant to this section shall 
be subject to the supervision of the President, and to such 
regulations as the President may prescribe. 
‘‘(2) OTHER
AUTHORITY.—The President is authorized to 
prescribe— 
‘‘(A) either specifically or by maximum limits or other-
wise, rates of interest, guarantee and commitment fees, 
and other charges which may be made in connection with 
loans, discounts, advances, or commitments guaranteed by 
the guaranteeing agencies through fiscal agents under this 
section; and 
‘‘(B) regulations governing the forms and procedures 
(which shall be uniform to the extent practicable) to be 
utilized in connection with such guarantees. 
‘‘(d) AGGREGATE GUARANTEE AMOUNTS.— 
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123 STAT. 2012 
PUBLIC LAW 111–67—SEPT. 30, 2009 
‘‘(1) INDUSTRIAL
RESOURCE
AND
CRITICAL
TECHNOLOGY 
SHORTFALLS.— 
‘‘(A) IN
GENERAL.—If the making of any guarantee 
or obligation of the Federal Government under this title 
relating to a domestic industrial base shortfall would cause 
the aggregate outstanding amount of all guarantees for 
such shortfall to exceed $50,000,000, any such guarantee 
may be made only— 
‘‘(i) if the President has notified the Committee 
on Banking, Housing, and Urban Affairs of the Senate 
and the Committee on Financial Services of the House 
of Representatives in writing of the proposed guar-
antee; and 
‘‘(ii) after the 30-day period following the date on 
which notice under clause (i) is provided. 
‘‘(B) WAIVERS
AUTHORIZED.—The requirements of 
subparagraph (A) may be waived— 
‘‘(i) during a period of national emergency declared 
by Congress or the President; or 
‘‘(ii) upon a determination by the President, on 
a nondelegable basis, that a specific guarantee is nec-
essary to avert an industrial resource or critical tech-
nology item shortfall that would severely impair 
national defense capability. 
‘‘(2) OTHER LIMITATIONS.—The authority conferred by this 
section shall not be used primarily to prevent the financial 
insolvency or bankruptcy of any person, unless— 
‘‘(A) the President certifies that the insolvency or bank-
ruptcy would have a direct and substantially adverse effect 
upon national defense production; and 
‘‘(B) a copy of the certification under subparagraph 
(A), together with a detailed justification thereof, is trans-
mitted to the Committee on Banking, Housing, and Urban 
Affairs of the Senate and the Committee on Financial Serv-
ices of the House of Representatives not later than 10 
days prior to the exercise of that authority for such use. 
‘‘SEC. 302. LOANS TO PRIVATE BUSINESS ENTERPRISES. 
‘‘(a) LOAN AUTHORITY.—To reduce current or projected shortfalls 
of industrial resources, critical technology items, or materials essen-
tial for the national defense, the President may make provision 
for loans to private business enterprises (including nonprofit 
research corporations and providers of critical infrastructure) for 
the creation, maintenance, expansion, protection, or restoration of 
capacity, the development of technological processes, or the produc-
tion of essential materials, including the exploration, development, 
and mining of strategic and critical metals and minerals. 
‘‘(b) CONDITIONS OF LOANS.—Loans may be made under this 
section on such terms and conditions as the President deems nec-
essary, except that— 
‘‘(1) financial assistance may be extended only to the extent 
that it is not otherwise available from private sources on reason-
able terms; and 
‘‘(2) during periods of national emergency declared by the 
Congress or the President, no such loan may be made unless 
the President determines that— 
50 USC 
app. 2092. 
Deadline. 
Certification. 
Notification. 
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123 STAT. 2013 
PUBLIC LAW 111–67—SEPT. 30, 2009 
‘‘(A) the loan is for an activity that supports the produc-
tion or supply of an industrial resource, critical technology 
item, or material that is essential to the national defense; 
‘‘(B) without the loan, United States industry cannot 
reasonably be expected to provide the needed capacity, 
technological processes, or materials in a timely manner; 
‘‘(C) the loan is the most cost-effective, expedient, and 
practical alternative method for meeting the need; 
‘‘(D) the prospective earning power of the loan 
applicant and the character and value of the security 
pledged provide a reasonable assurance of repayment of 
the loan in accordance with the terms of the loan, as 
determined by the President; and 
‘‘(E) the loan bears interest at a rate determined by 
the Secretary of the Treasury to be reasonable, taking 
into account the then-current average yield on outstanding 
obligations of the United States with remaining periods 
of maturity comparable to the maturity of the loan. 
‘‘(c) LIMITATIONS ON LOANS.—Loans under this section may 
be— 
‘‘(1) made or guaranteed under the authority of this section 
only to the extent that an appropriations Act— 
‘‘(A) provides, in advance, budget authority for the 
cost of such guarantees, as defined in section 502 of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661a); and 
‘‘(B) establishes a limitation on the total loan principal 
that may be guaranteed; and 
‘‘(2) made without regard to the limitations of existing 
law, other than section 1341 of title 31, United States Code. 
‘‘(d) AGGREGATE LOAN AMOUNTS.— 
‘‘(1) IN GENERAL.—If the making of any loan under this 
section to correct a shortfall would cause the aggregate out-
standing amount of all obligations of the Federal Government 
under this title relating to such shortfall to exceed $50,000,000, 
such loan may be made only— 
‘‘(A) if the President has notified the Committee on 
Banking, Housing, and Urban Affairs of the Senate and 
the Committee on Financial Services of the House of Rep-
resentatives, in writing, of the proposed loan; and 
‘‘(B) after the 30-day period following the date on which 
notice under subparagraph (A) is provided. 
‘‘(2) WAIVERS AUTHORIZED.—The requirements of paragraph 
(1) may be waived— 
‘‘(A) during a period of national emergency declared 
by the Congress or the President; and 
‘‘(B) upon a determination by the President, on a non-
delegable basis, that a specific loan is necessary to avert 
an industrial resource or critical technology shortfall that 
would severely impair national defense capability. 
‘‘SEC. 303. OTHER PRESIDENTIAL ACTION AUTHORIZED. 
‘‘(a) IN GENERAL.— 
‘‘(1) IN
GENERAL.—To create, maintain, protect, expand, 
or restore domestic industrial base capabilities essential for 
the national defense, the President may make provision— 
50 USC 
app. 2093. 
Notification. 
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123 STAT. 2014 
PUBLIC LAW 111–67—SEPT. 30, 2009 
‘‘(A) for purchases of or commitments to purchase an 
industrial resource or a critical technology item, for Govern-
ment use or resale; 
‘‘(B) for the encouragement of exploration, develop-
ment, and mining of critical and strategic materials, and 
other materials; 
‘‘(C) for the development of production capabilities; and 
‘‘(D) for the increased use of emerging technologies 
in security program applications and the rapid transition 
of emerging technologies— 
‘‘(i) from Government-sponsored research and 
development to commercial applications; and 
‘‘(ii) from commercial research and development 
to national defense applications. 
‘‘(2) TREATMENT OF CERTAIN AGRICULTURAL COMMODITIES.— 
A purchase for resale under this subsection shall not include 
that part of the supply of an agricultural commodity which 
is domestically produced, except to the extent that such domes-
tically produced supply may be purchased for resale for indus-
trial use or stockpiling. 
‘‘(3) TERMS OF SALES.—No commodity purchased under this 
subsection shall be sold at less than— 
‘‘(A) the established ceiling price for such commodity, 
except that minerals, metals, and materials shall not be 
sold at less than the established ceiling price, or the current 
domestic market price, whichever is lower; or 
‘‘(B) if no ceiling price has been established, the higher 
of— 
‘‘(i) the current domestic market price for such 
commodity; or 
‘‘(ii) the minimum sale price established for agri-
cultural commodities owned or controlled by the Com-
modity Credit Corporation, as provided in section 407 
of the Agricultural Act of 1949 (7 U.S.C. 1427). 
‘‘(4) DELIVERY DATES.—No purchase or commitment to pur-
chase any imported agricultural commodity shall specify a 
delivery date which is more than 1 year after the date of 
termination of this section. 
‘‘(5) PRESIDENTIAL DETERMINATIONS.—Except as provided 
in paragraph (7), the President may not execute a contract 
under this subsection unless the President determines that— 
‘‘(A) the industrial resource, material, or critical tech-
nology item is essential to the national defense; and 
‘‘(B) without Presidential action under this section, 
United States industry cannot reasonably be expected to 
provide the capability for the needed industrial resource, 
material, or critical technology item in a timely manner. 
‘‘(6) NOTIFICATION TO CONGRESS OF SHORTFALL.— 
‘‘(A) IN GENERAL.—Except as provided in paragraph 
(7), the President shall provide written notice to the Com-
mittee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Financial Services of the 
House of Representatives of a domestic industrial base 
shortfall prior to taking action under this subsection to 
remedy the shortfall. The notice shall include the deter-
minations made by the President under paragraph (5). 
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123 STAT. 2015 
PUBLIC LAW 111–67—SEPT. 30, 2009 
‘‘(B) AGGREGATE AMOUNTS.—If the taking of any action 
under this subsection to correct a domestic industrial base 
shortfall would cause the aggregate outstanding amount 
of all such actions for such shortfall to exceed $50,000,000, 
the action or actions may be taken only after the 30- 
day period following the date on which the Committee 
on Banking, Housing, and Urban Affairs of the Senate 
and the Committee on Financial Services of the House 
of Representatives have been notified in writing of the 
proposed action. 
‘‘(7) WAIVERS
AUTHORIZED.—The requirements of para-
graphs (1) through (6) may be waived— 
‘‘(A) during a period of national emergency declared 
by the Congress or the President; or 
‘‘(B) upon a determination by the President, on a non-
delegable basis, that action is necessary to avert an indus-
trial resource or critical technology item shortfall that 
would severely impair national defense capability. 
‘‘(b) EXEMPTION
FOR CERTAIN LIMITATIONS.—Subject to the 
limitations in subsection (a), purchases and commitments to pur-
chase and sales under subsection (a) may be made without regard 
to the limitations of existing law (other than section 1341 of title 
31, United States Code), for such quantities, and on such terms 
and conditions, including advance payments, and for such periods, 
but not extending beyond a date that is not more than 10 years 
from the date on which such purchase, purchase commitment, or 
sale was initially made, as the President deems necessary, except 
that purchases or commitments to purchase involving higher than 
established ceiling prices (or if no such established ceiling prices 
exist, currently prevailing market prices) or anticipated loss on 
resale shall not be made, unless it is determined that supply of 
the materials could not be effectively increased at lower prices 
or on terms more favorable to the Government, or that such pur-
chases are necessary to assure the availability to the United States 
of overseas supplies. 
‘‘(c) PRESIDENTIAL FINDINGS.— 
‘‘(1) IN
GENERAL.—The President may take the actions 
described in paragraph (2), if the President finds that— 
‘‘(A) under generally fair and equitable ceiling prices, 
for any raw or nonprocessed material, there will result 
a decrease in supplies from high-cost sources of such mate-
rial, and that the continuation of such supplies is necessary 
to carry out the objectives of this title; or 
‘‘(B) an increase in cost of transportation is temporary 
in character and threatens to impair maximum production 
or supply in any area at stable prices of any materials. 
‘‘(2) SUBSIDY
PAYMENTS
AUTHORIZED.—Upon a finding 
under paragraph (1), the President may make provision for 
subsidy payments on any such domestically produced material, 
other than an agricultural commodity, in such amounts and 
in such manner (including purchases of such material and 
its resale at a loss), and on such terms and conditions, as 
the President determines to be necessary to ensure that sup-
plies from such high-cost sources are continued, or that max-
imum production or supply in such area at stable prices of 
such materials is maintained, as the case may be. 
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123 STAT. 2016 
PUBLIC LAW 111–67—SEPT. 30, 2009 
‘‘(d) INCIDENTAL AUTHORITY.—The procurement power granted 
to the President by this section shall include the power to transport 
and store and have processed and refined any materials procured 
under this section. 
‘‘(e) INSTALLATION OF EQUIPMENT IN INDUSTRIAL FACILITIES.— 
‘‘(1) INSTALLATION
AUTHORIZED.—If the President deter-
mines that such action will aid the national defense, the Presi-
dent is authorized— 
‘‘(A) to procure and install additional equipment, facili-
ties, processes or improvements to plants, factories, and 
other industrial facilities owned by the Federal Govern-
ment; 
‘‘(B) to procure and install equipment owned by the 
Federal Government in plants, factories, and other indus-
trial facilities owned by private persons; 
‘‘(C) to provide for the modification or expansion of 
privately owned facilities, including the modification or 
improvement of production processes, when taking actions 
under section 301, 302, or this section; and 
‘‘(D) to sell or otherwise transfer equipment owned 
by the Federal Government and installed under this sub-
section to the owners of such plants, factories, or other 
industrial facilities. 
‘‘(2) INDEMNIFICATION.—The owner of any plant, factory, 
or other industrial facility that receives equipment owned by 
the Federal Government under this section shall agree— 
‘‘(A) to waive any claim against the United States 
under section 107 or 113 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9607 and 9613); and 
‘‘(B) to indemnify the United States against any claim 
described in paragraph (1) made by a third party that 
arises out of the presence or use of equipment owned 
by the Federal Government. 
‘‘(f) EXCESS METALS, MINERALS, AND MATERIALS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law to the contrary, metals, minerals, and materials acquired 
pursuant to this section which, in the judgment of the Presi-
dent, are excess to the needs of programs under this Act, 
shall be transferred to the National Defense Stockpile estab-
lished by the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98 et seq.), when the President deems such 
action to be in the public interest. 
‘‘(2) TRANSFERS AT NO CHARGE.—Transfers made pursuant 
to this subsection shall be made without charge against or 
reimbursement from funds appropriated for the purposes of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98 et seq.), except that costs incident to such transfer, other 
than acquisition costs, shall be paid or reimbursed from such 
funds. 
‘‘(g) SUBSTITUTES.—When, in the judgement of the President, 
it will aid the national defense, the President may make provision 
for the development of substitutes for strategic and critical mate-
rials, critical components, critical technology items, and other indus-
trial resources. 
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123 STAT. 2017 
PUBLIC LAW 111–67—SEPT. 30, 2009 
‘‘SEC. 304. DEFENSE PRODUCTION ACT FUND. 
‘‘(a) ESTABLISHMENT
OF FUND.—There is established in the 
Treasury of the United States a separate fund to be known as 
the ‘Defense Production Act Fund’ (in this section referred to as 
the ‘Fund’). 
‘‘(b) MONEYS IN FUND.—There shall be credited to the Fund— 
‘‘(1) all moneys appropriated for the Fund, as authorized 
by section 711; and 
‘‘(2) all moneys received by the Fund on transactions 
entered into pursuant to section 303. 
‘‘(c) USE OF FUND.—The Fund shall be available to carry out 
the provisions and purposes of this title, subject to the limitations 
set forth in this Act and in appropriations Acts. 
‘‘(d) DURATION OF FUND.—Moneys in the Fund shall remain 
available until expended. 
‘‘(e) FUND BALANCE.—The Fund balance at the close of each 
fiscal year shall not exceed $750,000,000, excluding any moneys 
appropriated to the Fund during that fiscal year or obligated funds. 
If, at the close of any fiscal year, the Fund balance exceeds 
$750,000,000, the amount in excess of $750,000,000 shall be paid 
into the general fund of the Treasury. 
‘‘(f) FUND MANAGER.—The President shall designate a Fund 
manager. The duties of the Fund manager shall include— 
‘‘(1) determining the liability of the Fund in accordance 
with subsection (g); 
‘‘(2) ensuring the visibility and accountability of trans-
actions engaged in through the Fund; and 
‘‘(3) reporting to the Congress each year regarding activities 
of the Fund during the previous fiscal year. 
‘‘(g) LIABILITIES AGAINST FUND.—When any agreement entered 
into pursuant to this title after December 31, 1991, imposes any 
contingent liability upon the United States, such liability shall 
be considered an obligation against the Fund.’’. 
SEC. 8. DEFINITIONS. 
Section 702 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2152) is amended— 
(1) in paragraph (1), by striking ‘‘military equipment identi-
fied by the Secretary of Defense’’ and inserting ‘‘equipment 
identified by the President’’; 
(2) by striking paragraphs (2), (4), (9), and (18); 
(3) by redesignating paragraph (3) as paragraph (2); 
(4) by inserting after paragraph (2), as so redesignated, 
the following: 
‘‘(3) CRITICAL TECHNOLOGY.—The term ‘critical technology’ 
includes any technology designated by the President to be 
essential to the national defense.’’; 
(5) by redesignating paragraphs (5) through (8) as para-
graphs (4) through (7), respectively; 
(6) in paragraph (6), as so redesignated— 
(A) in the paragraph heading, by striking ‘‘DEFENSE’’; 
(B) by striking ‘‘domestic defense’’ and inserting 
‘‘domestic’’; and 
(C) by striking ‘‘graduated mobilization,’’; 
(7) by redesignating paragraphs (10) and (11) as paragraphs 
(8) and (9), respectively; 
Contracts. 
President. 
50 USC 
app. 2094. 
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123 STAT. 2018 
PUBLIC LAW 111–67—SEPT. 30, 2009 
(8) by inserting after paragraph (9), as so redesignated, 
the following: 
‘‘(10) GUARANTEEING
AGENCY.—The term ‘guaranteeing 
agency’ means a department or agency of the United States 
engaged in procurement for the national defense. 
‘‘(11) HOMELAND SECURITY.—The term ‘homeland security’ 
includes efforts— 
‘‘(A) to prevent terrorist attacks within the United 
States; 
‘‘(B) to reduce the vulnerability of the United States 
to terrorism; 
‘‘(C) to minimize damage from a terrorist attack in 
the United States; and 
‘‘(D) to recover from a terrorist attack in the United 
States.’’; 
(9) in paragraph (12), by striking ‘‘capacity’’ and inserting 
‘‘base’’; 
(10) in paragraph (14), by striking ‘‘military assistance 
to any foreign nation’’ and inserting ‘‘military or critical infra-
structure assistance to any foreign nation, homeland security’’; 
and 
(11) in paragraph (16)— 
(A) in subparagraph (A), by striking ‘‘or’’ at the end; 
(B) in subparagraph (B), by striking the period and 
inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(C) the movement of individuals and property by all 
modes of civil transportation; or 
‘‘(D) other national defense programs and activities.’’. 
SEC. 9. VOLUNTARY AGREEMENTS AND PLANS OF ACTION FOR 
NATIONAL DEFENSE. 
Section 708 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2158) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘defense of the United 
States’’ and all that follows through the period and 
inserting ‘‘national defense.’’; and 
(B) by adding at the end the following: 
‘‘(3) Upon a determination by the President, on a nondelegable 
basis, that a specific voluntary agreement or plan of action is 
necessary to meet national defense requirements resulting from 
an event that degrades or destroys critical infrastructure— 
‘‘(A) an individual that has been delegated authority under 
paragraph (1) with respect to such agreement or plan shall 
not be required to consult with the Attorney General or the 
Federal Trade Commission under paragraph (2)(B); and 
‘‘(B) the President shall publish a rule in accordance with 
subsection (e)(2)(B) and publish notice in accordance with sub-
section (e)(3)(B) with respect to such agreement or plan as 
soon as is practicable under the circumstances.’’; 
(2) in subsection (f)(2)— 
(A) by striking ‘‘two years’’ each place that term 
appears and inserting ‘‘5 years’’; and 
(B) by striking ‘‘two-year’’ and inserting ‘‘5-year’’; and 
(3) by striking subsection (n) and inserting the following: 
Publication. 
Regulation. 
Notice. 
President. 
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123 STAT. 2019 
PUBLIC LAW 111–67—SEPT. 30, 2009 
‘‘(n) EXEMPTION FROM ADVISORY COMMITTEE ACT PROVISIONS.— 
Notwithstanding any other provision of law, the Federal Advisory 
Committee Act (5 U.S.C. App.) and any other provision of Federal 
law relating to advisory committees shall not apply to— 
‘‘(1) the consultations referred to in subsection (c)(1); or 
‘‘(2) any activity conducted under a voluntary agreement 
or plan of action approved pursuant to this section that complies 
with the requirements of this section.’’. 
SEC. 10. EMPLOYMENT OF PERSONNEL; APPOINTMENT POLICIES; 
NUCLEUS EXECUTIVE RESERVE; USE OF CONFIDENTIAL 
INFORMATION BY EMPLOYEES; PRINTING AND DISTRIBU-
TION OF REPORTS. 
Section 710 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2160) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2), by striking clause (iii); 
(B) by striking paragraph (4); 
(C) by redesignating paragraphs (5) through (8) as 
paragraphs (4) through (7), respectively; and 
(D) in paragraph (6), as so redesignated, by striking 
‘‘At least’’ and all that follows through ‘‘survey’’ and 
inserting ‘‘The Director of the Office of Personnel Manage-
ment shall carry out a biennial survey of’’; 
(2) in subsection (c), by striking the third sentence; 
(3) in subsection (d), by striking ‘‘needed;’’ and all that 
follows through the period and inserting ‘‘needed.’’; and 
(4) in subsection (e)— 
(A) in the first sentence, by striking ‘‘emergency’’ and 
inserting ‘‘national defense emergency, as determined by 
the President’’; and 
(B) by striking the third sentence. 
SEC. 11. DEFENSE PRODUCTION ACT COMMITTEE. 
Section 722 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2171) is amended to read as follows: 
‘‘SEC. 722. 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 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; 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— 
President. 
President. 
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123 STAT. 2020 
PUBLIC LAW 111–67—SEPT. 30, 2009 
‘‘(A) be responsible to the Chairperson of the Com-
mittee; 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 appropria-
tions 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 posi-
tion) 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 of each depart-
ment, 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); 
‘‘(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 establish-
ments 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.’’. 
SEC. 12. ANNUAL REPORT ON IMPACT OF OFFSETS. 
(a) ANNUAL REPORT.—Title VII of the Defense Production Act 
of 1950 (50 U.S.C. App. 2151 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 723. ANNUAL REPORT ON IMPACT OF OFFSETS. 
‘‘(a) REPORT REQUIRED.— 
‘‘(1) IN GENERAL.—The President shall submit to the Com-
mittee on Banking, Housing, and Urban Affairs of the Senate 
and the Committee on Financial Services of the House of Rep-
resentatives, a detailed annual report on the impact of offsets 
on the defense preparedness, industrial competitiveness, 
employment, and trade of the United States. 
‘‘(2) DUTIES OF THE SECRETARY OF COMMERCE.—The Sec-
retary of Commerce (hereafter in this subsection referred to 
as the ‘Secretary’) shall— 
‘‘(A) prepare the report required by paragraph (1); 
‘‘(B) consult with the Secretary of Defense, the Sec-
retary of the Treasury, the Secretary of State, and the 
Consultation. 
President. 
50 USC 
app. 2172. 
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123 STAT. 2021 
PUBLIC LAW 111–67—SEPT. 30, 2009 
United States Trade Representative in connection with the 
preparation of such report; and 
‘‘(C) function as the President’s Executive Agent for 
carrying out this section. 
‘‘(b) INTERAGENCY STUDIES AND RELATED DATA.— 
‘‘(1) PURPOSE OF REPORT.—Each report required under sub-
section (a) shall identify the cumulative effects of offset agree-
ments on— 
‘‘(A) the full range of domestic defense productive capa-
bility (with special attention paid to the firms serving 
as lower-tier subcontractors or suppliers); and 
‘‘(B) the domestic defense technology base as a con-
sequence of the technology transfers associated with such 
offset agreements. 
‘‘(2) USE OF DATA.—Data developed or compiled by any 
agency while conducting any interagency study or other inde-
pendent study or analysis shall be made available to the Sec-
retary to facilitate the execution of the Secretary’s responsibil-
ities with respect to trade offset and countertrade policy 
development. 
‘‘(c) NOTICE OF OFFSET AGREEMENTS.— 
‘‘(1) IN GENERAL.—If a United States firm enters into a 
contract for the sale of a weapon system or defense-related 
item to a foreign country or foreign firm and such contract 
is subject to an offset agreement exceeding $5,000,000 in value, 
such firm shall furnish to the official designated in the regula-
tions promulgated pursuant to paragraph (2) information con-
cerning such sale. 
‘‘(2) REGULATIONS.—The information to be furnished under 
paragraph (1) shall be prescribed in regulations promulgated 
by the Secretary. Such regulations shall provide protection 
from public disclosure for such information, unless public disclo-
sure is subsequently specifically authorized by the firm fur-
nishing the information. 
‘‘(d) CONTENTS OF REPORT.— 
‘‘(1) IN GENERAL.—Each report under subsection (a) shall 
include— 
‘‘(A) a net assessment of the elements of the industrial 
base and technology base covered by the report; 
‘‘(B) recommendations for appropriate remedial action 
under the authority of this Act, or other law or regulations; 
‘‘(C) a summary of the findings and recommendations 
of any interagency studies conducted during the reporting 
period under subsection (b); 
‘‘(D) a summary of offset arrangements concluded 
during the reporting period for which information has been 
furnished pursuant to subsection (c); and 
‘‘(E) a summary and analysis of any bilateral and 
multilateral negotiations relating to the use of offsets com-
pleted during the reporting period. 
‘‘(2) ALTERNATIVE FINDINGS OR RECOMMENDATIONS.—Each 
report required under this section shall include any alternative 
findings or recommendations offered by any departmental Sec-
retary, agency head, or the United States Trade Representative 
to the Secretary. 
‘‘(e) UTILIZATION OF ANNUAL REPORT IN NEGOTIATIONS.—The 
findings and recommendations of the reports required by subsection 
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123 STAT. 2022 
PUBLIC LAW 111–67—SEPT. 30, 2009 
LEGISLATIVE HISTORY—S. 1677: 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
Sept. 16, considered and passed Senate. 
Sept. 23, considered and passed House. 
(a), and any interagency reports and analyses shall be considered 
by representatives of the United States during bilateral and multi-
lateral negotiations to minimize the adverse effects of offsets.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) DEFENSE PRODUCTION ACT AMENDMENTS OF 1992.—Sec-
tion 123(c)(1)(C) of the Defense Production Act Amendments 
of 1992 (50 U.S.C. App. 2099 note) is amended by striking 
‘‘section 309(a) of the Defense Production Act of 1950 (50 U.S.C. 
App. 2099(a))’’ and inserting ‘‘section 723(a) of the Defense 
Production Act of 1950’’. 
(2) AMERICAN
HOMEOWNERSHIP
AND
ECONOMIC
OPPOR-
TUNITY ACT OF 2000.—Section 1102(2) of the American Home-
ownership and Economic Opportunity Act of 2000 (31 U.S.C. 
1113 note) is amended by striking ‘‘309 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2099)’’ and inserting ‘‘723 
of the Defense Production Act of 1950’’. 
(3) DEFENSE PRODUCTION ACT AMENDMENTS OF 2003.—Sec-
tion 7(a) of the Defense Production Act Amendments of 2003 
(50 U.S.C. App. 2099 note) is amended by striking ‘‘section 
309(a) of the Defense Production Act of 1950 (50 U.S.C. App. 
2099(a))’’ and inserting ‘‘section 723(a) of the Defense Produc-
tion Act of 1950’’. 
Approved September 30, 2009. 
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