[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1680 Engrossed Amendment House (EAH)]


  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:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense Production Act 
Reauthorization of 2003''.

SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF 1950.

    (a) In General.--The 1st sentence of section 717(a) of the Defense 
Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended--
            (1) by striking ``sections 708'' and inserting ``sections 
        707, 708,''; and
            (2) by striking ``September 30, 2003'' and inserting 
        ``September 30, 2008''.
    (b) Authorization of Appropriations.--Section 711(b) of the Defense 
Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking 
``through 2003'' and inserting ``through 2008''.

SEC. 3. RESOURCE SHORTFALL FOR RADIATION-HARDENED ELECTRONICS.

    (a) In General.--Notwithstanding the limitation contained in 
section 303(a)(6)(C) of the Defense Production Act of 1950 (50 U.S.C. 
App. 2093(a)(6)(C)), the President may take actions under section 303 
of the Defense Production Act of 1950 to correct the industrial 
resource shortfall for radiation-hardened electronics, to the extent 
that such Presidential actions do not cause the aggregate outstanding 
amount of all such actions to exceed $200,000,000.
    (b) Report by the Secretary.--Before the end of the 6-month period 
beginning on the date of the enactment of this Act, the Secretary of 
Defense shall submit a report to the Committee on Banking, Housing, and 
Urban Affairs of the Senate and the Committee on Financial Services of 
the House of Representatives describing--
            (1) the current state of the domestic industrial base for 
        radiation-hardened electronics;
            (2) the projected requirements of the Department of Defense 
        for radiation-hardened electronics;
            (3) the intentions of the Department of Defense for the 
        industrial base for radiation-hardened electronics; and
            (4) the plans of the Department of Defense for use of 
        providers of radiation-hardened electronics beyond the 
        providers with which the Department had entered into 
        contractual arrangements under the authority of the Defense 
        Production Act of 1950, as of the date of the enactment of this 
        Act.

SEC. 4. CLARIFICATION OF PRESIDENTIAL AUTHORITY.

    Subsection (a) of section 705 of the Defense Production Act of 1950 
(50 U.S.C. App. 2155(a)) is amended by inserting after the end of the 
1st sentence the following new sentence: ``The authority of the 
President under this section includes the authority to obtain 
information in order to perform industry studies assessing the 
capabilities of the United States industrial base to support the 
national defense.''.

SEC. 5. CRITICAL INFRASTRUCTURE PROTECTION AND RESTORATION.

    Section 702 of the Defense Production Act of 1950 (50 U.S.C. App. 
2152) is amended--
            (1) by redesignating paragraphs (3) through (17) as 
        paragraphs (4) through (18), respectively;
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Critical infrastructure.--The term `critical 
        infrastructure' means any systems and assets, whether physical 
        or cyber-based, so vital to the United States that the 
        degradation or destruction of such systems and assets would 
        have a debilitating impact on national security, including, but 
        not limited to, national economic security and national public 
        health or safety.''; and
            (3) in paragraph (14) (as so redesignated by paragraph (1) 
        of this section), by inserting ``and critical infrastructure 
        protection and restoration'' before the period at the end of 
        the last sentence.

SEC. 6. REPORT ON CONTRACTING WITH MINORITY- AND WOMEN-OWNED 
              BUSINESSES.

    (a) Report Required.--Before the end of the 1-year period beginning 
on the date of the enactment of this Act, the Secretary of Defense 
shall submit a report to the Committee on Banking, Housing, and Urban 
Affairs of the Senate and the Committee on Financial Services of the 
House of Representatives on the extent to which contracts entered into 
during the fiscal year ending before the end of such 1-year period 
under the Defense Production Act of 1950 have been contracts with 
minority- and women-owned businesses.
    (b) Contents of Report.--The report submitted under subsection (a) 
shall include the following:
            (1) The types of goods and services obtained under 
        contracts with minority- and women-owned businesses under the 
        Defense Production Act of 1950 in the fiscal year covered in 
        the report.
            (2) The dollar amounts of such contracts.
            (3) The ethnicity of the majority owners of such minority- 
        and women-owned businesses.
            (4) A description of the types of barriers in the 
        contracting process, such as requirements for security 
        clearances, that limit contracting opportunities for minority- 
        and women-owned businesses, together with such recommendations 
        for legislative or administrative action as the Secretary of 
        Defense may determine to be appropriate for increasing 
        opportunities for contracting with minority- and women-owned 
        businesses and removing barriers to such increased 
        participation.
    (c) Definitions.--For purposes of this section, the terms ``women-
owned business'' and ``minority-owned business'' have the meanings 
given such terms in section 21A(r) of the Federal Home Loan Bank Act, 
and the term ``minority'' has the meaning given such term in section 
1204(c)(3) of the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989.

SEC. 7. REPORT ON IMPACT OF OFFSETS ON DOMESTIC CONTRACTORS AND HIGHER-
              TIER SUBCONTRACTORS.

    (a) Assessment of Impact Required.--In addition to the information 
required to be included in the annual report under section 309 of the 
Defense Production Act of 1950, the Secretary of Commerce shall assess 
the net impact, in the defense trade, of foreign sales and related 
foreign contracts that have been awarded through offsets, industrial 
participation agreements, or similar arrangements on domestic prime 
contractors and at least the first 3 tiers of domestic subcontractors 
during the 5-year period beginning on January 1, 1998.
    (b) Report.--Before the end of the 1-year period beginning on the 
date of the enactment of this Act, the Secretary of Commerce shall 
submit a report to the Congress containing findings and the conclusions 
of the Secretary with regard to the assessment made pursuant to 
subsection (a).
    (c) Copies of Report.--Copies of the report prepared pursuant to 
subsection (b) shall also be transmitted to the United States Trade 
Representative and the interagency team established pursuant to section 
123(c) of the Defense Production Act Amendments of 1992.
            Attest:

                                                                          Clerk.