[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1680 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 294
108th CONGRESS
  1st Session
                                S. 1680

                          [Report No. 108-156]

   To reauthorize the Defense Production Act of 1950, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 29), 2003

Mr. Shelby, from the Committee on Banking, Housing, and Urban Affairs, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
   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.

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

SEC. 2. FINDINGS AND DECLARATION OF POLICY.

    Section 2(a) of the Defense Production Act of 1950 (50 U.S.C. App. 
2062(a)) is amended to read as follows:

``SEC. 2. FINDINGS AND DECLARATION OF POLICY.

    ``(a) Findings.--Congress finds that--
            ``(1) the security of the United States is dependent upon 
        its ability--
                    ``(A) to maintain and enhance the industrial and 
                technology base necessary to meet national defense 
                requirements for emergency contingencies; and
                    ``(B) to continue to function economically, 
                politically, and socially in the midst of a crisis and 
                thereafter, whether it results from a natural or man-
                caused event, especially after an attack by a hostile 
                state or organization;
            ``(2) to that end, the United States Government requires 
        certain statutory authorities to enable it to prepare for, 
        respond to, and recover from hazards that threaten the national 
        security or emergency preparedness of the United States;
            ``(3) private industries, both manufacturing and service-
        oriented, that support the functioning of the United States 
        Government and its Armed Forces and ensure economic security 
        and social stability need to be capable of preparing for and 
        responding as expeditiously as possible to an attack, either 
        physical upon its premises or support structures or electronic, 
        and recovering from any such attack;
            ``(4) with the rise in terrorism as a principal threat to 
        the security of the United States, and with the increasing 
        dependence of the Government, Armed Forces, banking, financial, 
        public works, communications, transportation, and other 
        critical sectors on infrastructure vulnerable to hostile 
        attack, the Government continues to require statutory authority 
        that enables it to establish priorities, allocations, and 
        processes essential to the ability of the country to function 
        as required;
            ``(5) the maintenance of industrial capabilities critical 
        to the ability of the Armed Forces to prepare for and respond 
        to hostile attack on the United States or its interests remains 
        a vital interest of the United States;
            ``(6) contraction in the United States defense industrial 
        base and increased dependence on overseas sources of defense 
        items has placed a premium on the authorities provided for in 
        this Act, including expansion of domestic productive capacity 
        and some diversion of certain materials and facilities from 
        civilian use to military and related purposes; and
            ``(7) United States economic and national security remain 
        dependent on assured access to sources of energy, and on the 
        uninterrupted supply of energy within the United States.
    ``(b) Statement of Policy.--It is the policy of the United States 
that--
            ``(1) the authorities provided for in this Act should be 
        used as judiciously as possible, and always with the intent of 
        ensuring the national security of the United States and its 
        infrastructure against hostile attack and against other man-
        caused and natural hazards;
            ``(2) the authorities provided for in this Act should be 
        used to ensure the availability of materials and services that 
        promote national defense, economic security, and social 
        stability; and
            ``(3) executive agencies and departments responsible for 
        defense acquisition should continuously assess the capability 
        of the domestic defense and industrial base to satisfy national 
        security requirements.''.

SEC. 3. REAUTHORIZATION OF THE DEFENSE PRODUCTION ACT OF 1950.

    (a) In General.--Section 717(a) of the Defense Production Act of 
1950 (50 U.S.C. App. 2166(a)) is amended--
            (1) in the first sentence, by striking ``Title I (except'' 
        and all that follows through ``2003:'' and inserting ``Title I 
        (except section 104), title III, and title VII (except sections 
        707, 708, and 721), and all authority conferred thereunder, 
        shall terminate at the close of September 30, 2008:''; and
            (2) by striking ``Section 714'' and all that follows 
        through the end of the subsection.
    (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 
``2003'' and inserting ``2008''.

SEC. 4. RESOURCE SHORTFALL FOR RADIATION-HARDENED ELECTRONICS.

    (a) Special Rule.--Section 303(a)(6) of the Defense Production Act 
of 1950 (50 U.S.C. App. 2093(a)(6)) is amended--
            (1) in subparagraph (A), by inserting ``and subparagraph 
        (D) of this paragraph'' after ``paragraph (7)''; and
            (2) by adding at the end the following:
                    ``(D) Special rule with respect to radiation-
                hardened electronics.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), the President may take action 
                        under this section to correct an industrial 
                        resource shortfall for radiation-hardened 
                        electronics, to the extent that such action 
                        does not cause the aggregate outstanding amount 
                        of all such actions for industrial resource 
                        shortfalls to exceed $200,000,000.
                            ``(ii) Report by the secretary.--Not later 
                        than 6 months after the date of enactment of 
                        this subparagraph, 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--
                                    ``(I) the current state of the 
                                domestic industrial base for radiation-
                                hardened electronics;
                                    ``(II) the projected requirements 
                                of the Department of Defense for 
                                radiation-hardened electronics;
                                    ``(III) the intentions of the 
                                Department of Defense for the 
                                industrial base for radiation-hardened 
                                electronics; and
                                    ``(IV) 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 
                                this Act as of the date of enactment of 
                                this subparagraph.''.
    (b) Definition.--Section 702 of the Defense Production Act of 1950 
(50 U.S.C. App. 2152) is amended--
            (1) by redesignating paragraphs (15) through (17) as 
        paragraphs (17) through (19), respectively; and
            (2) by inserting after paragraph (14) the following:
            ``(16) Radiation-hardened electronics.--The term 
        `radiation-hardened electronics' means key electronic 
        components used in strategic defense space and missile systems 
        developed for the Department of Defense and warhead maintenance 
        programs of the Department of Energy that ensure the 
        functionality of such systems in high radiation environments, 
        such as ambient space and in proximity to nuclear 
        detonations.''.
    (c) Repeal of Duplicative Provision.--Section 829 of the Bob Stump 
National Defense Authorization Act for Fiscal Year 2003 (50 U.S.C. App. 
2093 note, 116 Stat. 2618) is repealed.

SEC. 5. PROTECTION AND RESTORATION OF CRITICAL INFRASTRUCTURE.

    (a) Definition.--Section 702 of the Defense Production Act of 1950 
(50 U.S.C. App. 2152), as amended by section 4(b), is amended--
            (1) by redesignating paragraphs (3) through (14) as 
        paragraphs (4) through (15), respectively;
            (2) by inserting after paragraph (2) the following:
            ``(3) Critical infrastructure.--The term `critical 
        infrastructure' means 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, national economic 
        security, national public health or safety, or any combination 
        of those matters.''; and
            (3) in paragraph (14), as redesignated, by inserting before 
        the period at the end the following: ``and critical 
        infrastructure protection and restoration''.
    (b) Authority To Protect and Restore Critical Infrastructure.--
Section 101 of the Defense Production Act (50 U.S.C. App. 2071) is 
amended by adding at the end the following:
    ``(d) Protection and Restoration of Critical Infrastructure.--The 
President may exercise the authority provided under subsection (a) to 
directly assist a private sector critical infrastructure owner or 
operator in the furtherance of critical infrastructure protection or 
restoration.''.

SEC. 6. CLARIFICATION OF PRESIDENTIAL AUTHORITY.

    Section 705(a) of the Defense Production Act of 1950 (50 U.S.C. 
App. 2155(a)) is amended by inserting after the first sentence the 
following: ``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.''.




                                                       Calendar No. 294

108th CONGRESS

  1st Session

                                S. 1680

                          [Report No. 108-156]

_______________________________________________________________________

                                 A BILL

   To reauthorize the Defense Production Act of 1950, and for other 
                               purposes.

_______________________________________________________________________

           September 30 (legislative day, September 29), 2003

                 Read twice and placed on the calendar