    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 2892

    Public Law 108-195
    108th 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.

    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 first 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

    [[Page 2893]]
    117 STAT. 2893

    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
    first 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.

    [[Page 2894]]
    117 STAT. 2894

    (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
    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).

    [[Page 2895]]
    117 STAT. 2895

    (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 one 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.''.

    Approved December 19, 2003.

    LEGISLATIVE HISTORY--S. 1680:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 108-156 (Comm. on Banking, Housing, and Urban
    Affairs).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Sept. 30, considered and passed Senate.
    Oct. 15, considered and passed House, amended.
    Nov. 21, Senate concurred in House amendment with an
    amendment.
    Dec. 8, House concurred in Senate amendment.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
    Dec. 19, Presidential statement.