United States · Bill · HR
H.R. 378 (102nd)
Defense Production Act Amendments of 1991
Introduced
3 January 1991
Last action
—
Status
Referred to the Subcommittee on Economic Stabilization.
Sponsors
—
Subjects
Discovery layer
Source updated
26 August 2025
Summary
Defense Production Act Amendments of 1991 -Amends the Defense Production Act of 1950 to restate the defense mobilization preparedness policy of the United States. Places the Federal Emergency Management Agency (FEMA) in charge of coordinating the efforts to maintain geographical dispersion of defense facilities. (Currently, the Office of Defense Mobilization is in charge of such effort.) Requires executive agencies and departments responsible for defense acquisition to continuously assess the capability of the defense industrial base to satisfy near-term and mobilization production requirements. States that plans and programs to carry out the policy stated above shall duly consider the promotion of efficiency and competition. Repeals as inconsistent with changes made under this Act the National Commission on Supplies and Shortages Act of 1974. Expresses certain congressional findings disapproving the growing U.S. dependency on foreign sources for parts and materials used to manufacture major weapons systems for our national defense, and requests the strengthening of the industrial capability of the United States to independently produce its major weapons systems. Directs the President, before the end of the five-year period beginning on the date of enactment of this Act, to limit to domestic manufacturing and assembly sources those existing or new weapons and weapon parts or components which the President determines are critical to: (1) maintain in case of national emergency or to achieve national mobilization; or (2) establish or maintain essential engineering, research, or development capabilities. Directs the President, in all defense-related procurement actions, to consider: (1) the extent to which domestic sources for the materials or services being procured can meet defense needs for six months following a declaration of war or other hostilities; (2) the effect the procurement would have on U.S. industrial capacity; and (3) a comparison of costs and benefits of acquiring such products off-shore or domestically. Requires the President to report to the Congress on action taken. Authorizes the President to use certain existing incentives to implement these provisions, subject to specified limitations. Directs the President to designate those weapons, weapon systems, and industries determined to be critically needed for the national defense to be given first priority for assistance under this Act for the modernization of manufacturing facilities and equipment and the production of materials. Directs the President to seek to develop the domestic production of materials, services, and skills affecting a critical weapon, weapon system, or industry that is in short supply. Directs the President, in providing such assistance, to give a strong preference to contractors and subcontractors which are small- and medium-sized businesses. Authorizes funds under the Defense Production Act of 1950 to be set aside to guarantee the purchase or lease of advanced manufacturing equipment and related services. Outlines conditions under which small business subcontractors will be given assistance preference by the President. Establishes an information system on the domestic defense industrial base to be incorporated into the Defense Information Network (DINET). Specifies certain reviews and other information required to be included in the analysis of the production base for any major defense procurement project which is included in the information system. Directs the President, in establishing the information system, to require the Secretary of each military department to incorporate in such system a complete analysis of the production base of no fewer than four weapons of such department which are major weapon systems. Requires the President to provide for a strategic plan for maximizing the use and usefulness of the information system by incorporating in such system a complete analysis of the production base for each major system begun after enactment of this Act. Requires interagency consultation and coordination. Directs the President, upon the establishment of the information system, to convene a task force to establish guidelines and procedures to ensure that all Federal departments and agencies acquiring information with respect to the domestic defense industrial base are fully participating in the system. Authorizes appropriations. Extends through FY 1995 the provisions of the Defense Production Act of 1950, except for certain provisions of title I of such Act, which terminate at the end of FY 1992. Extends the authorization of appropriations under such Act. Requires the President to submit an annual report to the Congress on the expansion of productive capacity and supply. Prohibits the use of any authority provided under title I of such Act for the production of chemical or biological weapons except under written authorization by the President. Permits executives being trained and organized in the National Defense Executive Reserve and participating in voluntary agreements or plans of action under direction of the President and pursuant to treaty obligations to be given antitrust and breach of contract immunity when undertaking any emergency actions. Exempts such activities from provisions of the National Advisory Committee Act. Establishes a conflict-of-interests exemption for executives serving in the National Defense Executive Reserve and for those engaged in voluntary planning for defense mobilization purposes. Describes the scope of the exemption and specifies activities to which the exemption shall not extend. Provides notice and financial disclosure requirements. Exempts such activities from provisions of the Advisory Committee Act. Establishes the Congressional Commission on the Evaluation of the Defense Industrial Base Policy to develop criteria for evaluating the national policy for maintaining the strength of the domestic defense industrial base. Requires the Commission to consider the extent to which the authority, policy, plans, budgets, and programs of each Federal agency and department which has any responsibility for maintaining the strength of the domestic industrial base: (1) are adequate for maintaining the strength of the domestic defense industrial base; and (2) are being effectively implemented and sufficiently coordinated with other appropriate departments and agencies. Requires the Commission to submit interim and final reports to the Congress and the President on findings with respect to the domestic defense industrial base, together with recommendations for legislative, administrative, or policy action. Terminates the Commission on September 30, 1992. Authorizes appropriations. Revises certain definitions under the Defense Production Act of 1950. Directs the President to prepare and submit biennially to the Congress the projected capacity and potential prospects for the use of alternative and renewable sources of energy for defense mobilization, industrial preparedness, and related purposes. Extends through FY 1992 a loan guaranty program under the Geothermal Energy Research, Development, and Demonstration Act of 1974. Repeals specified Federal law made inconsistent by the provisions of this Act, including the National Commission on Supplies and Shortages Act of 1974 which established such Commission to curb dependence on foreign sources for certain natural resources.
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2 official files
Introduced in House (text)
Introduced in House (text)
Introduced in House · EN
Introduced in House
summary · EN · 3 January 1991
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Sources
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- Official source: https://www.congress.gov/bill/102nd-congress/house-bill/378
- Open data entity: https://api.congress.gov/v3/bill/102/hr/378