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

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     November 21, 2003.
      Resolved, That the Senate agree to the amendment of the House of 
Representatives to the bill (S. 1680) entitled ``An Act to reauthorize 
the Defense Production Act of 1950, and for other purposes.'' with the 
following

                  SENATE AMENDMENT TO HOUSE AMENDMENT:

    Page 6, strike line 1 and all that follows over to and including 
line 2 on page 7, of the House engrossed amendment, and insert:

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

    (a) Examination of Impact Required.--
            (1) In general.--As part of the annual report required 
        under section 309(a) of the Defense Production Act of 1950 (50 
        U.S.C. App. 2099(a)), the Secretary of Commerce (in this 
        section referred to as the ``Secretary'') shall--
                    (A) detail the number of foreign contracts 
                involving domestic contractors that use offsets, 
                industrial participation agreements, or similar 
                arrangements during the preceding 5-year period;
                    (B) calculate the aggregate, median, and mean 
                values of the contracts and the offsets, industrial 
                participation agreements, and similar arrangements 
                during the preceding 5-year period; and
                    (C) describe the impact of international or foreign 
                sales of United States defense products and related 
                offsets, industrial participation agreements, and 
                similar arrangements on domestic prime contractors and, 
                to the extent practicable, the first 3 tiers of 
                domestic contractors and subcontractors during the 
                preceding 5-year period in terms of domestic 
                employment, including any job losses, on an annual 
                basis.
            (2) Use of internal documents.--To the extent that the 
        Department of Commerce is already in possession of relevant 
        data, the Department shall use internal documents or existing 
        departmental records to carry out paragraph (1).
            (3) Information from non-federal entities.--
                    (A) Existing information.--In carrying out 
                paragraph (1), the Secretary shall only require a non-
                Federal entity to provide information that is available 
                through the existing data collection and reporting 
                systems of that non-Federal entity.
                    (B) Format.--The Secretary may require a non-
                Federal entity to provide information to the Secretary 
                in the same form that is already provided to a foreign 
                government in fulfilling an offset arrangement, 
                industrial participation agreement, or similar 
                arrangement.
    (b) Report.--
            (1) In general.--Before the end of the 8-month period 
        beginning on the date of enactment of this Act, the Secretary 
        shall submit to Congress a report containing the findings and 
        conclusions of the Secretary with regard to the examination 
        made pursuant to subsection (a).
            (2) Copies of report.--The Secretary shall also transmit 
        copies of the report prepared under paragraph (1) to the United 
        States Trade Representative and the interagency team 
        established pursuant to section 123(c) of the Defense 
        Production Act Amendments of 1992 (50 U.S.C. App. 2099 note).
    (c) Responsibilities Regarding Consultation With Foreign Nations.--
Section 123(c) of the Defense Production Act Amendments of 1992 (50 
U.S.C. App. 2099 note) is amended to read as follows:
    ``(c) Negotiations.--
            ``(1) Interagency team.--
                    ``(A) In general.--It is the policy of Congress 
                that the President shall designate a chairman of an 
                interagency team comprised of the Secretary of 
                Commerce, Secretary of Defense, United States Trade 
                Representative, Secretary of Labor, and Secretary of 
                State to consult with foreign nations on limiting the 
                adverse effects of offsets in defense procurement 
                without damaging the economy or the defense industrial 
                base of the United States or United States defense 
                production or defense preparedness.
                    ``(B) Meetings.--The President shall direct the 
                interagency team to meet on a quarterly basis.
                    ``(C) Reports.--The President shall direct the 
                interagency team to submit to Congress an annual 
                report, to be included as part of the report required 
                under section 309(a) of the Defense Production Act of 
                1950 (50 U.S.C. App. 2099(a)), that describes the 
                results of the consultations of the interagency team 
                under subparagraph (A) and the meetings of the 
                interagency team under subparagraph (B).
            ``(2) Recommendations for modifications.--The interagency 
        team shall submit to the President any recommendations for 
        modifications of any existing or proposed memorandum of 
        understanding between officials acting on behalf of the United 
        States and 1 or more foreign countries (or any instrumentality 
        of a foreign country) relating to--
                    ``(A) research, development, or production of 
                defense equipment; or
                    ``(B) the reciprocal procurement of defense 
                items.''.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                S. 1680

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                  SENATE AMENDMENT TO HOUSE AMENDMENT