§ 4567. Defense Production Act Committee

Footnotes

1. 1 So in original. The word “on” probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1950

   Defense Production Act Amendments of 1992

   Pub. L. 102–558 title I § 135 · 106 Stat. 4198

   Enacted · 50 U.S.C. § 4567

   Sept. 8, 1950, ch. 932, title VII, § 722, as added Pub. L. 102–558, title I, § 135, Oct. 28, 1992, 106 Stat. 4212

   Source evidence

   Code source credit
   Sept. 8, 1950, ch. 932, title VII, § 722, as added Pub. L. 102–558, title I, § 135, Oct. 28, 1992, 106 Stat. 4212

   Enacted provision · exact public law section
   SEC. 135. INFORMATION ON THE DEFENSE INDUSTRIAL BASE. Title VII of the Defense Production Act of 1950 (50 U.S.C. App. 2151 et seq.) is amended by adding at the end the following new section: “SEC. 722. DEFENSE INDUSTRIAL BASE INFORMATION SYSTEM. “(a) Establishment Required.— “(1) In general.— The President, acting through the Secretary of Defense and the heads of such other Federal agencies as the President may determine to be appropriate, shall provide for the establishment of an information system on the domestic defense industrial base which— “(A) meets the requirements of this section; and “(B) includes a systematic continuous procedure, to collect and analyze information necessary to evaluate— “(i) the adequacy of domestic industrial capacity to furnish critical components and critical technology items essential to the national security of the United States; “(ii) dependence on foreign sources for critical components and critical technology items essential to defense production; and “(iii) the reliability of foreign sources for critical components and critical technology items. “(2) Incorporation of dinet.— The Defense Information Network (or DINET), as established and maintained by the Secretary of Defense on the date of enactment of the Defense Production Act Amendments of 1992, shall be incorporated into the system established pursuant to paragraph (1). “(3) Use of information.— Information collected and analyzed under the procedure established pursuant to paragraph (1) shall constitute a basis for making any determination to exercise any authority under this Act and a procedure for using such information shall be integrated into the decision-making process with regard to the exercise of any such authority “(b) Sources of Information.— “(1) Foreign dependence.— “(A) Scope of information review.— The procedure established to meet the requirement of subsection (a)(1)(B)(ii) shall address defense production with respect to the operations of prime contractors and at least the first 2 tiers of subcontractors, or at lower tiers if a critical component is identified at such lower tier. “(B) Use of existing data collection and review capabilities.— To the extent feasible and appropriate, the President shall build upon existing methods of data collection and analysis and shall integrate information available from intelligence agencies with respect to industrial and technological conditions in foreign countries. “(C) Initial emphasis on priority lists.— In establishing the procedure referred to in subparagraph (A), the Secretary may place initial emphasis on the production of critical components and critical technology items. “(2) Production base analysis.— “(A) Comprehensive review.— The analysis of the production base for any major system acquisition included in the information system maintained pursuant to subsection (a) shall, in addition to any information and analyses the President may require— “(i) include a review of all subcontractors and suppliers, beginning with any raw material, special alloy, or composite material involved in the production of a completed system; “(ii) identify each contractor and subcontractor (or supplier) at each level of production for such major system acquisition which represents a potential for delaying or preventing the system’s production and acquisition, including the identity of each contractor or subcontractor whose contract qualifies as a foreign source or sole source contract and any supplier which is a foreign source or sole source for any item required in the production, including critical components; and “(iii) include information to permit appropriate management of accelerated or surge production. “(B) Initial requirement for study of production bases for not more than 6 major weapon systems.— In establishing the information system under subsection (a), the President, acting through the Secretary of Defense, shall require an analysis of the production base for not more than 2 weapons of each military department which are major systems (as defined in section 2302(5) of title 10, United States Code). Each such analysis shall identify the critical components of each system. “(3) Consultation regarding the census of manufacturers.— “(A) In general.— The Secretary of Commerce, acting through the Bureau of the Census, shall consult with the Secretary of Defense and the Director of the Federal Emergency Management Agency to improve the usefulness of information derived from the Census of Manufacturers in carrying out this section. “(B) Issues to be addressed.— The consultation required under subparagraph (A) shall address improvements in the level of detail, timeliness, and availability of input and output analyses derived from the Census of Manufacturers necessary to carry out this section. “(c) Strategic Plan for Developing Comprehensive System.— “(1) Plan required.— Not later than December 31, 1993, the President shall provide for the establishment of and report to the Congress on a strategic plan for developing a cost-effective, comprehensive information system capable of identifying on a timely, ongoing basis vulnerability in critical components and critical technology items. “(2) Assessment of certain procedures.— In establishing the plan pursuant to paragraph (1), the President shall assess the performance and cost-effectiveness of procedures implemented under subsection (b), and shall seek to build upon such procedures, as appropriate. “(d) Capabilities of System.— “(1) In general.— In connection with the establishment of the information system under subsection (a), the President shall direct the Secretary of Defense, the Secretary of Commerce, and the heads of such other Federal agencies as the President may determine to be appropriate— “(A) to consult with each other and provide such information, assistance, and cooperation as may be necessary to establish and maintain the information system required by this section in a manner which allows the coordinated and efficient entry of information on the domes-tic defense industrial base into, and the withdrawal, subject to the protection of proprietary data, of information on the domestic defense industrial base from the system on an online interactive basis by the Department of Defense; “(B) to assure access to the information on the system, as appropriate, for all participating Federal agencies, including each military department; “(C) to coordinate standards, definitions, and specifications for information on defense production, which is collected by the Department of Defense and the military departments so that such information can be used by any Federal agency or department, as the President determines to be appropriate; and “(D) to assure that the information in the system is updated, as appropriate, with the active assistance of the private sector. “(2) Task force on military-civilian participation.— Upon the establishment of the information system under subsection (a), the President shall convene a task force consisting of the Secretary of Defense, the Secretary of Commerce, the Secretary of each military department, and the heads of such other Federal agencies and departments as the President may determine to be appropriate to establish guidelines and procedures to ensure that all Federal agencies and departments which acquire information with respect to the domestic defense industrial base are fully participating in the system, unless the President determines that all appropriate Federal agencies and departments, including each military department, are voluntarily providing information which is necessary for the system to carry out the purposes of this Act and chapter 148 of title 10, United States Code. “(e) Report on Subcontractor and Supplier Base.— “(1) Report required.— The President shall issue a report (in accordance with paragraph (4) which includes— “(A) a list of critical components, technologies, and technology items for which there is found to be inadequate domestic industrial capacity or capability; and “(B) an assessment of those subsectors of the economy of the United States which— “(i) support production of any component, technology, or technology item listed pursuant to subparagraph (A); or “(ii) have been identified as being critical to the development and production of components required for the production of weapons, weapon systems, and other military equipment essential to the national defense. “(2) Matters to be considered.— The assessment made under paragraph (1)(B) shall include consideration of— “(A) the capacity of domestic sources, especially commercial firms, to fulfill peacetime requirements and graduated mobilization requirements for various items of supply and services; “(B) any trend relating to the capabilities of domestic sources to meet such peacetime and mobilization requirements; “(C) the extent to which the production or acquisition of various items of military material is dependent on foreign sources; and “(D) any reason for the decline of the capabilities of selected sectors of the United States economy necessary to meet peacetime and mobilization requirements, including— “(i) stability of defense requirements; “(ii) acquisition policies; “(iii) vertical integration of various segments of the industrial base; “(iv) superiority of foreign technology and production efficiencies; “(v) foreign government support of nondomestic sources; and “(vi) offset arrangements. “(3) Policy recommendations.— The report required by paragraph (1) may provide specific policy recommendations to correct deficiencies identified in the assessment, which would help to strengthen domestic sources. “(4) Time for issuance.— The report required by paragraph (1) shall be issued not later than July 1 of each even-numbered year which begins after 1992. “(5) Release of unclassified report.— The report required by this subsection may be classified. An unclassified version of the report shall be made available to the public.”.

2. 2009

   Defense Production Act Reauthorization of 2009

   Pub. L. 111–67 § 11 · 123 Stat. 2006

   Amended · 50 U.S.C. § 4567

   Pub. L. 111–67 amended section generally. Prior to amendment, section related to defense industrial base information system with regard to its establishment, sources of information, strategic plan for developing comprehensive system, capabilities, and required report on subcontractor and supplier base

   Source evidence

   Code amendment note
   Pub. L. 111–67 amended section generally. Prior to amendment, section related to defense industrial base information system with regard to its establishment, sources of information, strategic plan for developing comprehensive system, capabilities, and required report on subcontractor and supplier base.

   Enacted provision · exact public law section
   SEC. 11. DEFENSE PRODUCTION ACT COMMITTEE.   Section 722 of the Defense Production Act of 1950 (50 U.S.C. App. 2171) is amended to read as follows: “SEC. 722. DEFENSE PRODUCTION ACT COMMITTEE. “(a) Committee Established.— There is established the Defense Production Act Committee (in this section referred to as the ‘Committee’), which shall advise the President on the effective use of the authority under this Act by the departments, agencies, and independent establishments of the Federal Government to which the President has delegated authority under this Act. “(b) Membership.— “(1) In general.— The members of the Committee shall be— “(A) the head of each Federal agency to which the President has delegated authority under this Act; and “(B) the Chairperson of the Council of Economic Advisors. “(2) Chairperson.— The President President. shall designate 1 member of the Committee as the Chairperson of the Committee. “(c) Executive Director.— “(1) In general.— The President President. shall appoint an Executive Director of the Defense Production Act Committee (in this section referred to as the ‘Executive Director’), who shall— “(A) be responsible to the Chairperson of the Committee; and “(B) carry out such activities relating to the Committee as the Chairperson may determine. “(2) Appointment.— The appointment by the President shall not be subject to the advice and consent of the Senate. “(3) Compensation.— For pay periods beginning on or after the date on which each Chairperson is appointed, funds for the pay of the Executive Director shall be paid from appropriations to the salaries and expenses account of the department or agency of the Chairperson of the Committee. The Executive Director shall be compensated at a rate of pay equivalent to that of a Deputy Assistant Secretary (or a comparable position) of the Federal agency of the Chairperson of the Committee. “(d) Report.— Not later than the end of the first quarter of each calendar year, the Committee shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report signed by each member of the Committee that contains— “(1) a review of the authority under this Act of each department, agency, or independent establishment of the Federal Government to which the President has delegated authority under this Act; “(2) recommendations for the effective use of the authority described in paragraph (1) in a manner consistent with the statement of policy under section 2(b); “(3) recommendations for legislation, regulations, executive orders, or other action by the Federal Government necessary to improve the use of the authority described in paragraph (1); and “(4) recommendations for improving information sharing between departments, agencies, and independent establishments of the Federal Government relating to all aspects of the authority described in paragraph (1). “(e) Federal Advisory Committee Act.— The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.” .

3. 2014

   Pub. L. 113–172 § 2(1) · 128 Stat. 1896

   1. Substituted · 50 U.S.C. § 4567(a)

      Pub. L. 113–172, § 2(1), substituted “coordinate and plan for” for “advise the President”

   2. Substituted · 50 U.S.C. § 4567(a)

      Pub. L. 113–172, § 2(1), substituted “the priorities and allocations authorities” for “the authority”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 113–172, § 2(1), substituted “coordinate and plan for” for “advise the President” and “the priorities and allocations authorities” for “the authority”.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by striking “advise the President” and inserting “coordinate and plan for”; and (B) by striking “the authority” and inserting “the priorities and allocations authorities”;

4. 2014

   Pub. L. 113–172 § 2(2) · 128 Stat. 1896

   Amended · 50 U.S.C. § 4567(b)(2)

   Pub. L. 113–172, § 2(2), amended par. (2) generally. Prior to amendment, text read as follows: “The President shall designate 1 member of the Committee as the Chairperson of the Committee.”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 113–172, § 2(2), amended par. (2) generally. Prior to amendment, text read as follows: “The President shall designate 1 member of the Committee as the Chairperson of the Committee.”

   Enacted provision · exact public law section
   (2) in subsection (b), by amending paragraph (2) to read as follows: “(2) The Chairperson of the Committee shall be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of the authorities in this Act.” ;

5. 2014

   Pub. L. 113–172 § 2(3) · 128 Stat. 1896

   Amended · 50 U.S.C. § 4567(c)

   Pub. L. 113–172, § 2(3), amended subsec. (c) generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 113–172, § 2(3), amended subsec. (c) generally. Prior to amendment, text read as follows:

   “(1) In general.—The President shall appoint an Executive Director of the Defense Production Act Committee (in this section referred to as the ‘Executive Director’), who shall— “(A) be responsible to the Chairperson of the Committee; and “(B) carry out such activities relating to the Committee as the Chairperson may determine. “(2) Appointment.—The appointment by the President shall not be subject to the advice and consent of the Senate. “(3) Compensation.—For pay periods beginning on or after the date on which each Chairperson is appointed, funds for the pay of the Executive Director shall be paid from appropriations to the salaries and expenses account of the department or agency of the Chairperson of the Committee. The Executive Director shall be compensated at a rate of pay equivalent to that of a Deputy Assistant Secretary (or a comparable position) of the Federal agency of the Chairperson of the Committee.”

   Enacted provision · exact public law section
   (3) by amending subsection (c) to read as follows: “(c) Coordination of Committee Activities.— The Chairperson shall appoint one person to coordinate all of the activities of the Committee, and such person shall— “(1) be a full-time employee of the Federal Government; “(2) report to the Chairperson; and “(3) carry out such activities relating to the Committee as the Chairperson may determine appropriate.” ; and

6. 2014

   Pub. L. 113–172 § 2(4)(A) · 128 Stat. 1896

   1. Substituted · 50 U.S.C. § 4567(d)

      Pub. L. 113–172, § 2(4)(A), (B), in introductory provisions, substituted “The Committee shall issue a report each year by March 31” for “Not later than the end of the first quarter of each calendar year, the Committee shall submit”

   2. Substituted · 50 U.S.C. § 4567(d)

      Pub. L. 113–172, § 2(4)(A), (B), in introductory provisions, substituted “the Chairperson” for “each member of the Committee”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 113–172, § 2(4)(A), (B), in introductory provisions, substituted “The Committee shall issue a report each year by March 31” for “Not later than the end of the first quarter of each calendar year, the Committee shall submit” and “the Chairperson” for “each member of the Committee”.

   Enacted provision · exact public law section
   (A) by striking “Not later than” and all that follows through “Committee shall submit” and inserting the following: Reports. “The Committee shall issue a report each year by March 31”;

7. 2014

   Pub. L. 113–172 § 2(4)(C) · 128 Stat. 1896

   1. Substituted · 50 U.S.C. § 4567(d)(1)

      Pub. L. 113–172, § 2(4)(C), substituted “a description of the contingency planning by” for “a review of the authority under this chapter of”

   2. Inserted · 50 U.S.C. § 4567(d)(1)

      Pub. L. 113–172, § 2(4)(C), inserted before semicolon at end “for events that might require the use of the priorities and allocations authorities”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 113–172, § 2(4)(C), substituted “a description of the contingency planning by” for “a review of the authority under this chapter of” and inserted before semicolon at end “for events that might require the use of the priorities and allocations authorities”.

   Enacted provision · exact public law section
   (C) in paragraph (1)— (i) by striking “a review of the authority under this Act of” and inserting “a description of the contingency planning by”; and (ii) by inserting before the semicolon the following: “for events that might require the use of the priorities and allocations authorities”;

8. 2014

   Pub. L. 113–172 § 2(4)(D) · 128 Stat. 1896

   Substituted · 50 U.S.C. § 4567(d)(2)

   Pub. L. 113–172, § 2(4)(D), substituted “priorities and allocations authorities in this chapter” for “authority described in paragraph (1)”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 113–172, § 2(4)(D), substituted “priorities and allocations authorities in this chapter” for “authority described in paragraph (1)”.

   Enacted provision · exact public law section
   (D) in paragraph (2), by striking “authority described in paragraph (1)” and inserting “priorities and allocations authorities in this Act”;

9. 2014

   Pub. L. 113–172 § 2(4)(E) · 128 Stat. 1896

   Amended · 50 U.S.C. § 4567(d)(3)

   Pub. L. 113–172, § 2(4)(E), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “recommendations for legislation, regulations, executive orders, or other action by the Federal Government necessary to improve the use of the authority described in paragraph (1); and”

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 113–172, § 2(4)(E), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “recommendations for legislation, regulations, executive orders, or other action by the Federal Government necessary to improve the use of the authority described in paragraph (1); and”.

   Enacted provision · exact public law section
   (E) by amending paragraph (3) to read as follows: “(3) recommendations for legislation actions, as appropriate, to support the effective use of the priorities and allocations authorities in this Act;” ;

10. 2014

    Pub. L. 113–172 § 2(4)(F) · 128 Stat. 1896

    Substituted · 50 U.S.C. § 4567(d)(4)

    Pub. L. 113–172, § 2(4)(F), substituted “the use of the priorities and allocations authorities in this chapter;” for “all aspects of the authority described in paragraph (1).”

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 113–172, § 2(4)(F), substituted “the use of the priorities and allocations authorities in this chapter;” for “all aspects of the authority described in paragraph (1).”

    Enacted provision · exact public law section
    (F) in paragraph (4), by striking “all aspects of” and all that follows through the end of the paragraph and inserting “the use of the priorities and allocations authorities in this Act;”; and

11. 2014

    Pub. L. 113–172 § 2(4)(G) · 128 Stat. 1896

    Added · 50 U.S.C. § 4567(d)(5); 50 U.S.C. § 4567(d)(6)

    Pub. L. 113–172, § 2(4)(G), added pars. (5) and (6)

    Source evidence

    Code amendment note
    Subsec. (d)(5), (6). Pub. L. 113–172, § 2(4)(G), added pars. (5) and (6).

    Enacted provision · exact public law section
    (G) by adding at the end the following: “(5) up-to-date copies of the rules described under section 101(d)(1); and “(6) short attestations signed by each member of the Committee stating their concurrence in the report.” .

12. 2022

    Pub. L. 117–286 § 4(a)(323) · 136 Stat. 4196

    1. Substituted · 50 U.S.C. § 4567(e)

       Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in text

    2. Substituted · 50 U.S.C. § 4567(e)

       Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)” in text

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)” in text.

    Enacted provision · exact public law section
    (323) Section 722(e) of the Defense Production Act of 1950 (50 U.S.C. 4567(e)) is amended— (A) in the subsection heading, by striking “Federal Advisory Committee Act” and inserting “Chapter 10 of Title 5, United States Code”; and (B) in text, by striking “the Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “chapter 10 of title 5, United States Code,”.

16 of 16 references resolved to an enrolled provision