[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2394 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2394
To amend the Defense Production Act of 1950 to establish the National
Defense Preparedness Domestic Industrial Base Board, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2001
Mr. Kucinich (for himself, Mr. Brown of Ohio, Mr. LaTourette, and Mrs.
Jones of Ohio) introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Defense Production Act of 1950 to establish the National
Defense Preparedness Domestic Industrial Base Board, 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.
This Act may be cited as the ``Steel and National Security Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Domestic steel capacity is an essential part of the
domestic industrial and technological base, as described in
Executive Order Numbered 12919.
(2) Executive Order Numbered 12919--
(A) designates the Nation's domestic industrial and
technological base as the foundation for national
defense preparedness; and
(B) directs that authority provided under the
Defense Production Act of 1950 be used to strengthen
the domestic industrial and technological base to
ensure that such base is capable of responding to all
threats to the national security of the United States.
(3) The influx of cheap imported steel illegally dumped on
the United States has brought about a crisis in the United
States' steel industry that threatens the viability of domestic
steel production.
SEC. 3. PRODUCTIVE CAPACITY AND SUPPLY.
(a) Authorization of Appropriation.--Section 711(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended to read as
follows:
``(b) Title III Authorization.--
``(1) In general.--There are authorized to be appropriated
for each of fiscal years 2002, 2003, and 2004 not to exceed
$1,000,000,000.
``(2) Purchase commitments.--Not less than 50 percent of
the amount appropriated under paragraph (1) for any fiscal year
is authorized to be appropriated solely for purchase
commitments.''.
(b) National Defense Preparedness Domestic Industrial Base Board.--
Title III of the Defense Production Act of 1950 (50 U.S.C. App. 2091 et
seq.) is amended by adding at the end the following new section:
``SEC. 311. NATIONAL DEFENSE PREPAREDNESS DOMESTIC INDUSTRIAL BASE
BOARD.
``(a) Establishment.--There is hereby established a board to be
known as the National Defense Preparedness Domestic Industrial Base
Board (hereafter in this section referred to as the `Board').
``(b) Membership.--
``(1) Number and appointment.--The Board shall consist of 5
members appointed by the President, from among individuals
who--
``(A) are or have been affiliated with the
Department of Defense or a military department (as
defined in section 101 of title 10, United States Code;
and
``(B) have experience preparing the United States
for a national security emergency or managing the
development and acquisition of weapons or other defense
products.
``(2) Political affiliation.--Not more than 3 members may
be of the same political party.
``(3) Terms.--
``(A) In general.--Each member shall be appointed a
term of 5 years, except as provided in subparagraphs
(A) and (B)
``(B) Terms of initial appointees.--As designated
by the President at the time of appointment, of the
members first appointed--
``(i) 1 shall be appointed for a term of 5
years;
``(ii) 1 shall be appointed for a term of 4
years;
``(iii) 1 shall be appointed for a term of
3 years;
``(iv) 1 shall be appointed for a term of 2
years; and
``(v) 1 shall be appointed for a term of 1
year.
``(4) Vacancies.--
``(A) Appointment for balance of term.--Any member
appointed to fill a vacancy occurring before the
expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term.
``(B) Continuation of service.--A member may serve
after the expiration of that member's term until a
successor has taken office.
``(C) Appointment to vacancy.--A vacancy in the
Board shall be filled in the manner in which the
original appointment was made.
``(5) Prohibition of compensation of federal employees.--
Members of the Board who are full-time officers or employees of
the United States may not receive additional pay, allowances,
or benefits by reason of their service on the Board.
``(6) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
``(7) Quorum.--3 members of the Board shall constitute a
quorum but a lesser number may hold hearings.
``(c) Chairperson.--The Chairperson of the Board shall be
designated by the President at the time of the appointment.
``(d) Duties.--
``(1) In general.--The Board shall take such action as may
be necessary to ensure uninterrupted availability of national
defense-related products, services, and industrial resources
through long-term purchase agreements with domestic sources.
``(2) One-time en masse purchases.--
``(A) In general.--The Board may, in the Board's
discretion, purchase domestic products, materials, or
industrial resources from a domestic concern that is at
risk of bankruptcy and whose failure would threaten a
critical industry for national security, including the
steel industry, in which such concern is involved.
``(B) Storage for use.--Any product or material
purchased by the Board under subparagraph (A) shall be
kept in storage for use in the event of a national
emergency, in accordance with the Strategic and
Critical Materials Stock Piling Act, or as the
Secretary of Defense or the Secretary of Energy may
otherwise provide.
``(3) Study and monitor critical industries.--The Board
shall study and monitor critical industries, including the
steel industry, for national security and domestic concerns
involved in any such industry to determine which are in danger
of failing or otherwise losing the capacity to provide for
national security.
``(4) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Domestic concern.--The term `domestic
concern' has the same meaning given in section
104(h)(1) of the Foreign Corrupt Practices Act of 1977.
``(B) Domestic product, material, or industrial
resource.--The term `domestic products, materials, or
industrial resources' means--
``(i) in the case of unmanufactured
products, materials, or industrial resources,
products, materials, or resources all or
substantially all of which were mined or
produced in the United States; and
``(ii) in the case of manufactured or
processed products, materials and industrial
resources--
``(I) all or substantially all of
the component products, materials, or
resources were mined or produced in the
United States; and
``(II) all or substantially all of
the manufacturing, processing,
fabrication, or assembly of such
product, material or resource was
conducted within the United States.
``(e) Powers of the Board.--
``(1) Hearings and sessions.--
``(A) In general.--The Board may, for the purpose
of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence
as the Board considers appropriate.
``(B) Oaths and affirmations.--The Board may
administer oaths or affirmations to witnesses appearing
before it.
``(2) Obtaining official data.--
``(A) In general.--Notwithstanding any other
provision of law, the Board may secure directly from
any department or agency of the United States
information necessary to enable it to carry out this
section.
``(B) Request for information.--Upon request of the
Chairperson of the Board, the head of the department or
agency receiving the request for information under
subparagraph (A) shall furnish that information to the
Board.
``(3) Mails.--The Board may use the United States mails in
the same manner and under the same conditions as other
departments and agencies of the United States.
``(4) Administrative support services.--Upon the request of
the Board, the Administrator of General Services shall provide
to the Board, on a reimbursable basis, the administrative
support services necessary for the Board to carry out this
section.
``(f) Staff.--
``(1) Appointment.--The Board may appoint and fix the pay
of a Director and such additional personnel as the Board
considers appropriate.
``(2) Experts and consultants.--The Board may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
``(3) Staff of federal agencies.--Upon request of the
Board, the head of any Federal department or agency may detail,
on a reimbursable basis, any of the personnel of that
department or agency to the Board to assist the Board in
carrying out this section.''.
SEC. 4. MANDATORY REVIEW OF MERGERS, ACQUISITIONS, AND TAKEOVERS OF
DOMESTIC STEEL COMPANIES BY FOREIGN COMPANIES.
Section 721(b) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(b)) is amended by inserting before the period at the end of
the 1st sentence ``or in any instance in which a person of a foreign
country (as defined in section 3502(d) of the Omnibus Trade and
Competitiveness Act of 1988) seeks to engage in any merger,
acquisition, or takeover that could result in the control by such
person of a domestic steel company''.
SEC. 5. EXTENSION OF DEFENSE PRODUCTION ACT OF 1950.
Section 717(a) of the Defense Production Act of 1950 (50 U.S.C.
App. 2166(a)) is amended by striking ``September 30, 2001'' and
inserting ``September 30, 2004''.
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