,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gfhh ,,in ,,the ,,house ,,of ,,representatives ,february #be1 #bjbf ,mr4 ,davidson 7for himself1 ,mrs4 ,beatty1 ,mr4 ,huizenga1 ,mr4 ,vargas1 and ,mr4 ,nunn of ,iowa7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to modernize and reauthorize the ,defense ,production ,act of #aiej1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,dpa ,modernization ,act of #bjbf4 #b4 ,priorities and allocations ,title ,i of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deaa et seq47 is amended-- 7#a7 in section #aja-- 7,a7 by striking he each place such term appears and inserting the ,president2 7,b7 in subsection 7a71 by striking or appropriate each place such term appears2 7,c7 in subsection 7b7-- 7i7 by striking ,the powers and inserting 7#a7 ,the powers2 7ii7 by striking unless the ,president finds 7#a7 that such and inserting the following3 unless-- 7,a7 the ,president finds that-- 7i7 such 2 7iii7 by striking defense1 and 7#b7 that and inserting the following3 defense2 and 7,i7 that 2 7iv7 by striking the period at the end and inserting 2 and2 and 7v7 by adding at the end the following3 7,b7 the powers are used to address-- 7i7 a national emergency declared by the ,president2 7ii7 a natural disaster declared by the ,president pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act2 or 7iii7 a public health emergency1 as determined by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act4 7#b7 ,the powers described in this section may not be used to control the general distribution of any material in the civilian market for a period exceeding #a year1 except that the ,president may extend such #a-year period for up to #ahj days upon reporting to ,congress1 on a non-delegable basis1 that the extension is essential to meet national defense requirements4 2 7,d7 in subsection 7c7-- 7i7 in paragraph 7#a71 by striking ,notwithstanding any other provision of this ,act1 the and inserting ,the2 and 7ii7 in paragraph 7#c71 by striking ,president and inserting ,executive ,director of the ,defense ,production ,act ,committee2 and 7,e7 in subsection 7d7-- 7i7 strike section shall and all that follows through issue1 and annually review and update and insert the following3 section1 in consultation with the ,defense ,production ,act ,committee-- 7#a7 shall-- 7,a7 issue and 2 7ii7 by redesignating paragraph 7#b7 as subparagraph 7,b71 and adjusting the margin of such subparagraph accordingly2 7iii7 in subparagraph 7,b71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7#b7 may waive or revise relevant regulations for the purpose of expediting the procurement of critical technologies 7as defined under section #caf7;a77 or critical minerals subject to the priorities and allocations4 2 7#b7 in section #ajb-- 7,a7 by striking he each place such term appears and inserting the ,president2 and 7,b7 by striking sections #aja and #gjd of this ,act and inserting sections #aja and #cjd2 7#c7 in section #ajc1 by striking #aj1jjj and inserting #ajj1jjj2 7#d7 by redesignating section #ajg as section #bjd and transferring such section so as to appear after section #cjc2 and 7#e7 by redesignating section #ajh as section #bjg and transferring such section so as to appear after section #cje4 #c4 ,expansion of productive capacity and supply ,the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq47 is amended-- 7#a7 by redesignating title ,,iii as title ,,ii2 7#b7 by redesignating sections #cja1 #cjb1 #cjc1 #cjd1 and #cje as sections #bja1 #bjb1 #bjc1 #bje1 and #bjf1 respectively2 7#c7 in section #bja1 as so redesignated-- 7,a7 in the heading1 by striking ,,presidential ,,authorization ,,for ,,the ,,national ,,defense and inserting ,loan guarantees2 7,b7 in subsection 7a7-- 7i7 in paragraph 7#a71 by inserting 1 with the concurrence of the ,fund manager of the ,defense ,production ,act ,fund1 before to provide2 and 7ii7 in paragraph 7#b7-- 7,i7 in the heading1 by striking ,presidential determinations and inserting ,determinations2 7,,ii7 by striking during a period of and inserting with respect to a2 7,,iii7 by striking if the ,president and inserting if the guaranteeing agency1 in coordination with the ,fund manager of the ,defense ,production ,act ,fund and relevant members of the ,defense ,production ,act ,committee12 and 7,,iv7 in subparagraph 7,g77i71 by striking the ,president and inserting ,fund manager of the ,defense ,production ,act ,fund2 7,c7 in subsection 7b77#a71 by striking ,president and inserting ,fund manager of the ,defense ,production ,act ,fund2 7,d7 in subsection 7c71 by striking ,president each place such term appears and inserting ,fund manager of the ,defense ,production ,act ,fund2 and 7,e7 in subsection 7d7-- 7i7 in paragraph 7#a7-- 7,i7 by striking shortfalls4-- and all that follows through ,if the making and inserting shortfalls4--,if the making2 7,,ii7 by striking #ej1jjj1jjj and inserting #ajj1jjj1jjj2 7,,iii7 by striking only-- and all that follows through if the ,president and inserting only if the ,fund manager of the ,defense ,production ,act ,fund2 7,,iv7 by striking guarantee2 and and inserting guarantee42 7,v7 in subparagraph 7,a71 by striking clause 7ii72 and 7,,vi7 by striking subparagraph 7,b72 and 7ii7 in paragraph 7#b77;,b71 by striking not later than #aj days2 and 7#d7 in section #bjb1 as so redesignated-- 7,a7 in subsection 7a71 by inserting authorize a lending agency1 with the concurrence of the ,fund manager of the ,defense ,production ,act ,fund and relevant members of the ,defense ,production ,act ,committee1 to after ,president may2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking and at the end2 7ii7 in paragraph 7#b7-- 7,i7 by inserting except before during2 7,,ii7 by striking no such loan may be made unless the ,president and inserting no such loan may be made with respect to the national emergency unless the lending agency1 in consultation with the ,fund manager of the ,defense ,production ,act ,fund and relevant members of the ,defense ,production ,act ,committee12 and 7,,iii7 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7#c7 any such loan shall be secured by a first-priority lien on such collateral as the ,fund manager of the ,defense ,production ,act ,fund may require1 and such lien shall-- 7,a7 attach upon disbursement of funds2 7,b7 be senior to all other liens and claims2 and 7,c7 be deemed perfected upon attachment2 and 7#d7 in the event that the loan recipient defaults on the repayment of the loan1 any portion of such repayment that is not satisfied from the collateral described in paragraph 7#c7 shall have priority in payment over all other unsecured claims4 2 and 7,c7 in subsection 7d7-- 7i7 in paragraph 7#a7-- 7,i7 by striking #ej1jjj1jjj and inserting #ajj1jjj1jjj2 7,,ii7 by striking only-- and all that follows through if the ,president and inserting only if the ,fund manager of the ,defense ,production ,act ,fund2 7,,iii7 in subparagraph 7,a71 by striking 2 and at the end and inserting a period2 and 7,,iv7 by striking subparagraph 7,b72 and 7ii7 by striking paragraph 7#b72 7#e7 in section #bjc1 as so redesignated-- 7,a7 in the heading1 by striking ,,other ,,presidential ,,action ,,authorized and inserting ,purchases1 commitments to purchase1 and subsidy payments2 7,b7 in subsection 7a7-- 7i7 in paragraph 7#a7 by striking the ,president and inserting a member of the ,defense ,production ,act ,committee described under section #cag7;b77#a77;,a71 in consultation with the ,executive ,director of the ,defense ,production ,act ,committee12 7ii7 in paragraph 7#e7-- 7,i7 in the heading1 by striking ,presidential and inserting ,federal agency2 7,,ii7 by striking ,except as provided in paragraph 7#g71 the ,president and inserting ,the member described under paragraph 7#a72 7,,iii7 by striking the ,president1 on a non-delegable basis1 and inserting member1 on a non-delegable basis1 and in consultation with the ,executive ,director of the ,defense ,production ,act ,committee12 and 7,,iv7 in subparagraph 7,b71 by striking ,presidential2 7iii7 in paragraph 7#f7-- 7,i7 in subparagraph 7,a7-- 7aa7 by striking ,except as provided in paragraph 7#g71 the ,president and inserting ,the member described under paragraph 7#a72 and 7bb7 by striking by the ,president and inserting by the member2 7,,ii7 in subparagraph 7,b7-- 7aa7 by striking #ej1jjj1jjj and inserting #ajj1jjj1jjj2 7bb7 by striking the #cj-;day period following2 and 7cc7 by inserting by the ,fund manager of the ,defense ,production ,act ,fund after in writing2 and 7,,iii7 by striking subparagraph 7,c72 and 7iv7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,limitations on equity investments ,the equity shares of an entity may not be acquired under this section if such acquisition would result in the ,government holding1 in the aggregate1 #ae percent or more of the equity shares of the entity4 7#h7 ,acquisition and liquidation ,a member of the ,defense ,production ,act ,committee described under section #cag7;b77#a77;,a7-- 7,a7 may make an equity investment in an entity under this section only after the ,fund manager of the ,defense ,production ,act ,fund finds that the entity is unable to obtain additional equity investment from private sources on commercially reasonable terms2 and 7,b7 shall seek to sell and liquidate any equity support for an entity provided under this section as soon as commercially feasible1 commensurate with other similar investors in the entity1 taking into consideration the national security interests of the ,united ,states4 2 7,c7 by redesignating subsections 7b7 through 7g7 as subsections 7c7 through 7h71 respectively2 7,d7 by inserting after subsection 7a7 the following3 7b7 ,critical minerals resilience 7#a7 ,critical ,minerals ,resilience ,initiative ,there is established the ,critical ,minerals ,resilience ,initiative1 under which a member of the ,defense ,production ,act ,committee described under section #cag7;b77#a77;,a71 in consultation with the ,executive ,director of the ,defense ,production ,act ,committee and the ,fund manager of the ,defense ,production ,act ,fund1 may make grants1 purchases1 and commitments to purchase involving an entity in the ,united ,states1 a member country of the ,north ,atlantic ,treasury ,organization1 or a major non-,,nato ally1 to-- 7,a7 ensure that the mining or processing of critical and strategic materials is not dominated by a foreign adversary2 and 7,b7 provide for offtake agreements1 price floors1 or incentives in order to ensure the viability of mines or processing facilities for critical and strategic materials outside the control of a foreign adversary4 7#b7 ,cooperation among entities ,to the extent practicable1 the ,defense ,production ,act ,committee shall develop a process to encourage cooperation among1 and manage potential conflicts between-- 7,a7 entities that are domestic sources1 and the countries where they are located2 and 7,b7 for the purpose of carrying out the ,critical ,minerals ,resilience ,initiative1 countries involved in the ,initiative4 2 7,e7 in subsection 7c71 as so redesignated1 by striking not more than #aj years and inserting more than #aj years 7,f7 in subsection 7d71 as so redesignated-- 7i7 in paragraph 7#a77;,a71 by striking necessary to carry out the objectives of this title and inserting essential for national defense requirements2 7ii7 in paragraph 7#b7-- 7,i7 by striking ,president may make provision for subsidy payments and inserting ,president1 in consultation with the ,executive ,director of the ,defense ,production ,act ,committee and the ,fund manager of the ,defense ,production ,act ,fund1 may make provision for subsidy payments1 for a period not to exceed #a year12 and 7,,ii7 by striking ,president determines and inserting ,fund manager determines2 and 7iii7 by adding at the end the following3 7#c7 ,renewal of subsidy ,the ,president may renew subsidy payments authorized under paragraph 7#b7 for up to #ahj days after submitting a report to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate that-- 7,a7 certifies that the subsidy payment is the most efficient means to ensure objectives described under paragraph 7#b72 and 7,b7 explains why market conditions do not allow for the achievement of the objectives4 2 7,g7 in paragraph 7#a77;,c7 of subsection 7f71 as so redesignated1 by striking section #cja1 #cjb and inserting section #bja1 #bjb2 7,h7 in subsection 7h71 as so redesignated1 by striking make provision and inserting exercise the authorities under title ,i and this title2 and 7,i7 by adding at the end the following3 7i7 ,waiver ,to expedite procurement ,in exercising the authorities under section #bja1 section #bjb1 or this section1 the ,president may waive or revise relevant regulations for the purpose of expediting-- 7#a7 the procurement of critical technologies 7as defined under section #caf7;a77 or critical minerals2 or 7#b7 the permitting of critical infrastructure required to produce or refine the critical technologies or critical minerals described in paragraph 7#a74 7j7 ,additional requirements 7#a7 ,use of commercially available software ,software procured using funds appropriated pursuant to this ,act shall be commercially available off-the-shelf software1 unless no commercially available off-the-shelf software that meets the applicable requirements is available1 more cost-effective1 or is practicable to procure4 7#b7 ,use of funds for skilled labor 7,a7 ,identification of workforce and skills gaps ,each ,federal agency to which the ,president has delegated authority under this ,act shall identify any workforce gaps or skills gaps that affect the ability of the domestic industrial base to supply the materials and services necessary to satisfy the objectives set forth in section #b7;b74 7,b7 ,use of funds ,with respect to an entity receiving financial assistance under title ,i or this title1 the agency making such financial assistance may direct that a portion of the financial assistance be used to recruit1 train1 place1 or retain workers in defense-critical occupations directly related to the activities funded by the assistance1 if such entity keeps records of performance standards for workers recruited1 trained1 placed1 or retained using such assistance4 7,c7 ,information included in annual report ,each ,federal agency to which the ,president has delegated authority under this ,act shall include in the annual report of the ,defense ,production ,act ,committee-- 7i7 a discussion of the identification required under subparagraph 7,a7 and the authority provided under subparagraph 7,b72 7ii7 short-term and long-term recommendations for administrative or legislative action to reduce any workforce gaps or skills gaps identified by the agency1 especially through the simulation required under section #bjf7;c71 including recommendations on workforce training programs to recruit1 train1 place1 and retain workers in occupations critical to the national defense1 including any apprenticeships4 7k7 ,special hiring authority for subject matter experts ,each agency represented on the ,defense ,production ,act ,committee may appoint1 without regard to the provisions of sections #ccji through #ccah of title #e1 subject matter experts directly to positions in the competitive service 7as defined in section #bajb of that title7 in the agency for the sole purpose of identifying1 soliciting1 evaluating1 or approving activities that may receive financial assistance under this title4 2 7#f7 in section #bjd1 as redesignated and moved by section #c7d7-- 7,a7 in subsection 7a7-- 7i7 by striking title ,,iii of this ,act or any other provision of law1 the ,president may and inserting this title1 a member of the ,defense ,production ,act ,committee may1 in consultation with the ,executive ,director of the ,defense ,production ,act ,committee12 and 7ii7 by inserting essential before materials2 7,b7 in subsection 7b77#a71 by striking assure and inserting ensure2 and 7,c7 by adding at the end the following3 7c7 ,waiver ,to expedite procurement ,the ,president may waive or revise relevant regulations for the purpose of expediting-- 7#a7 the procurement of critical technologies 7as defined under section #caf7;a77 or critical minerals subject to the incentives described in subsection 7a72 or 7#b7 the permitting of critical infrastructure required to produce or refine the critical technologies or critical minerals described in paragraph 7#a74 4 7#g7 in section #bje1 as so redesignated-- 7,a7 in subsection 7a71 insert before the period at the end the following3 1 to be administered by the ,secretary of the ,treasury2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 by striking section #gaa and inserting section #caa2 and 7,,ii7 by striking and at the end2 7ii7 by redesignating paragraph 7#b7 as paragraph 7#c72 7iii7 by inserting after paragraph 7#a7 the following3 7#b7 all moneys appropriated for activities pursuant to this title2 and 2 and 7iv7 in paragraph 7#c71 as so redesignated1 by striking section #cjc and inserting this title2 7,c7 in subsection 7e71 by striking #gej1jjj1jjj each place such term appears and inserting #b1jjj1jjj1jjj2 7,d7 by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively2 7,e7 by inserting after subsection 7e7 the following3 7f7 ,waiver ,the ,executive ,director of the ,defense ,production ,act ,committee may waive the requirement described under subsection 7e7 for up to #a year at a time upon notifying the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate in writing that the waiver is in the national security interests of the ,united ,states4 2 7,f7 in subsection 7g71 as so redesignated-- 7i7 by striking ,president shall designate a and inserting ,secretary of the ,treasury shall serve as2 7ii7 in paragraph 7#a71 by striking subsection 7g7 and inserting subsection 7h72 7iii7 in paragraph 7#b71 by striking and at the end2 7iv7 in paragraph 7#c7-- 7,i7 by inserting and the ,defense ,production ,act ,committee after ,congress2 and 7,,ii7 by striking the period at the end and inserting 1 including an analysis of the effectiveness of investments made during the previous fiscal year22 and 7v7 by adding at the end the following3 7#d7 designating financial institutions as financial agents of the ,federal ,government1 as appropriate1 for the purposes of this title2 7#e7 delegating authorities1 as the ,fund manager finds appropriate1 to members of the ,defense ,production ,act ,committee2 and 7#f7 issuing rules and guidance regarding financing activities authorized by this title4 2 and 7,g7 by adding at the end the following3 7i7 ,deferral ,the ,executive ,director of the ,defense ,production ,act ,committee shall defer budget authority involving the ,fund for an agency that has repeatedly failed to submit complete reports described under section #aja7;e7 and #bjf7;a74 2 7#h7 section #bjf1 as so redesignated-- 7,a7 in the heading1 by striking ,,reports ,,on ,,exercise ,,of ,,authorities and inserting ,,dpa strategy2 7,b7 by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,in general ,not later than #ahj days after the effective date of this subsection1 and annually thereafter1 the head of each agency to which the ,president has delegated authorities under title ,i or this title shall submit the report described under subsection 7b7 to the ,executive ,director of the ,defense ,production ,act ,committee and the ,fund manager of the ,defense ,production ,act ,fund4 7b7 ,,dpa strategy ,a report described under this subsection is a report that includes-- 7#a7 an assessment1 in consultation with the ,defense ,production ,act ,committee and the private sector1 of industrial base needs required by the head of the agency to meet the highest priorities arising from national defense requirements1 as determined by the ,president2 7#b7 a detailed strategy1 timeline1 and spending plan1 in consultation with the ,defense ,production ,act ,committee1 to deploy the authorities under title ,i and this title to address the needs identified under paragraph 7#a72 7#c7 the results of the most recent simulation described in subsection 7c72 7#d7 a comprehensive list of actions 7including all priority ratings1 the exercise or non-exercise of such ratings and any allocations or financing7 taken by the agency pursuant to the authorities since the previous report1 and an explanation of how the actions support the strategy described under paragraph 7#b72 7#e7 any use of authorities under section #cjh or section #caj in support of the strategy described under paragraph 7#b72 7#f7 a description of any waivers exercised pursuant to section #aja7;d77#b71 section #ajg7;c71 or section #bjc7;h72 and 7#g7 in the case of an action taken pursuant to title ,i or this title involving a business concern in ,canada1 the ,united ,kingdom1 or ,australia1 a justification of the necessity of the use of authorities under the applicable title4 7c7 ,strategy simulation ,at least once every #e years1 the ,defense ,production ,act ,committee shall conduct a discussion-based simulation 7commonly known as a table-top exercise7 to determine the resources needed and the best use of the authorities under title ,i and this title to implement the strategy described in subsection 7b77#b7 contained in the most recent report required under subsection 7a74 2 7,c7 in subsection 7c77#b71 by striking section #gjb7g77;,b77ii77,,ii77bb7 and inserting section #cjb7g77;,b77ii77,,ii77bb72 and 7,d7 by adding at the end the following3 7d7 ,strategy on securing supply chains essential to national defense ,the head of any relevant agency1 as determined by the ,president1 shall1 in the first report submitted under subsection 7a7 after the date of enactment of this subsection1 include in such report the following3 7#a7 ,a detailed plan to ensure the supply of the following1 to the extent necessary for national defense3 7,a7 ,medical materials 7including drugs1 devices1 and biological products 7as that term is defined in section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb77 to diagnose1 cure1 mitigate1 treat1 or prevent disease74 7,b7 ,critical minerals4 7,c7 ,naval shipbuilding capacity1 materials1 and components4 7#b7 ,an analysis of vulnerabilities to existing supply chains for the materials1 minerals1 and capacity described in paragraph 7#a74 7#c7 ,any authorities provided by this ,act to be used by the agency to ensure that essential components of such supply chains are not under the control of a foreign adversary4 4 7#i7 in section #bjg1 as redesignated and moved by section #c7e7-- 7,a7 in subsection 7a71 by inserting 1 to the extent required for national defense purposes1 after ,president shall2 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 by striking title ,,iii and inserting this title2 and 7,,ii7 by striking advance and inserting advanced2 and 7ii7 in paragraph 7#b7-- 7,i7 by striking title ,,iii and inserting this title2 and 7,,ii7 in subparagraph 7,c71 by striking section #cja1 #cjb1 or #cjc and inserting section #bja1 #bjb1 or #bjc2 and 7#aj7 by adding at the end the following3 #bjh4 ,prohibition on discrimination based on energy source ,in using the authorities under this title1 the ,president may not deny financial support pursuant to sections #bja1 #bjb1 #bjc1 or #bjd1 other than for the production of energy1 based on the energy source involved in the exploration1 development1 production1 utilization1 transportation1 or sale of energy4 #bji4 ,limitation on eligibility for assistance 7a7 ,in general ,a covered entity is not eligible for assistance authorized under this title4 7b7 ,definitions ,in this section3 7#a7 ,covered entity ,the term covered entity means an entity in which a covered individual directly or indirectly holds a significant interest4 ,for the purpose of determining whether an entity is a covered entity1 if securities of the entity are owned1 controlled1 or held by #b or more individuals who are related as described in paragraph 7#b71 such securities shall be aggregated4 7#b7 ,covered individual ,the term covered individual means-- 7,a7 the ,president1 the ,vice ,president1 or a member of the ,defense ,production ,act ,committee2 and 7,b7 the spouse1 child1 son-in-law1 or daughter-in-law of an individual described in subparagraph 7,a74 7#c7 ,equity interest ,the term equity interest means-- 7,a7 a share in an entity1 without regard to whether the share is-- 7i7 transferable2 or 7ii7 classified as stock or anything similar2 7,b7 a capital or profit interest in a limited liability company or partnership2 and 7,c7 a warrant or right 7other than a right to convert7 to purchase1 sell1 or subscribe to a share or interest described in subparagraph 7,a7 or 7,b71 respectively4 7#d7 ,significant interest ,the term significant interest means owning1 controlling1 or holding not less than #bj percent1 by vote or value1 of the outstanding amount of any class of equity interest in an entity4 4 #d4 ,general provisions ,the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq47 is amended-- 7#a7 by redesignating title ,,vii as title ,,iii2 7#b7 by striking section #gad and #gbc2 7#c7 by redesignating sections #gja through #gaa1 section #gac1 sections #gae through #gag1 and sections #gba and #gbb as sections #cja through #cag1 respectively2 7#d7 in section #cja1 as so redesignated1 in subsection 7e71 by inserting and consistent with national defense requirements after practicable2 7#e7 in section #cjb1 as so redesignated-- 7,a7 in paragraph 7#g77;,b71 by striking title ,,iii each place such term appears in a heading or text1 and inserting title ,,ii2 and 7,b7 in paragraph 7#ad7-- 7i7 by inserting or section #cai of the ,public ,health ,service ,act1 after ,assistance ,act2 and 7ii7 by striking and critical infrastructure protection and restoration and inserting 1 critical infrastructure protection and restoration1 and public health emergency preparedness and response activities2 7#f7 in section #cjc1 as so redesignated-- 7,a7 by striking ,any officer and inserting the following3 7a7 ,in general ,any officer 2 7,b7 by striking ,,gs-#ah of the ,general ,schedule1 as the ,president deems appropriate to carry out this ,act and inserting senior-level positions described under section #ecgf of title #e1 ,united ,states ,code1 as the ,president deems appropriate to carry out title ,i or title ,,ii2 and 7,c7 by adding at the end the following3 7b7 ,outreach representative during a public health emergency 7#a7 ,in general ,consistent with the authorities in this title1 the ,administrator of the ,federal ,emergency ,management ,agency1 in consultation with the ,secretary of ,health and ,human ,services1 may designate or appoint1 pursuant to subsection 7a71 an individual to be known as the ,outreach ,representative for the period of a public health emergency4 ,such individual shall-- 7,a7 be appointed from among individuals with substantial experience in the production or distribution of medical supplies or equipment2 and 7,b7 act as the ,government-wide single point of contact during the public health emergency for outreach to manufacturing companies and their suppliers who may be interested in producing medical supplies or equipment4 7#b7 ,encouraging partnerships ,during the period of a public health emergency1 the ,outreach ,representative shall seek to develop partnerships between companies1 in coordination with any overall coordinator appointed by the ,president to oversee the response to the public health emergency1 including through the exercise of the authorities delegated by the ,president under section #cjh4 2 7#g7 in section #cjd1 as so redesignated-- 7,a7 by striking 7a7 ,in general4--2 7,b7 by striking section #gji and subsection 7b71 the ,president may prescribe and inserting section #cji and subsection 7b71 the ,president1 not later than #cfj days after the date of enactment of the ,,dpa ,modernization ,act of #bjbf1 shall issue2 and 7,c7 by striking subsection 7b72 7#h7 in section #cje1 as so redesignated-- 7,a7 in subsection 7a7-- 7i7 by striking or appropriate1 in his discretion12 and 7ii7 by striking in order and inserting essential2 7,b7 in subsection 7c71 by striking #aj1jjj and inserting #ajj1jjj2 7,c7 in subsection 7d71 by striking #aj1jjj and inserting #ajj1jjj2 and 7,d7 by adding at the end the following3 7f7 ,the authority of the ,president under this section may not be used to obtain sensitive personally identifiable information4 ,in this subsection1 the term sensitive personally identifiable information means personally identifiable information which1 if lost1 compromised1 or disclosed without authorization1 could result in substantial harm1 embarrassment1 inconvenience1 or unfairness to an individual4 4 7#i7 in section #cjf1 as so redesignated-- 7,a7 in subsection 7a71 by striking he and inserting the ,president2 7,b7 in subsection 7b71 by striking subpena each place such term appears and inserting subpoena2 and 7,c7 by adding at the end the following3 7c7 ,civil actions ,a civil action challenging an action taken under this ,act may be brought only in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 2 7#aj7 in section #cjh1 as so redesignated-- 7,a7 by striking he each place such term appears and inserting the ,president2 7,b7 in subsection 7c77#b71 by striking not less than ten days2 and 7,c7 in subsection 7e7-- 7i7 by striking 7#a7 ,the individual and inserting ,the individual2 7ii7 by striking section #eec of title #e1 ,united ,states ,code and inserting section #cji2 and 7iii7 by striking paragraphs 7#b7 and 7#c72 7#aa7 in section #cji1 as so redesignated-- 7,a7 in subsection 7a71 by striking sections #eea through #eei and inserting sections #eeb through #eeb;b and sections #eed through #eei2 and 7,b7 by striking subsection 7c72 7#ab7 in section #caj1 as so redesignated-- 7,a7 by redesignating subsections 7b7 through 7g7 as subsections 7a7 through 7f71 respectively2 7,b7 in subsection 7a71 as so redesignated-- 7i7 in paragraph 7#a71 by striking he each place such term appears and inserting the ,president2 and 7ii7 in paragraph 7#f7-- 7,i7 by striking his or her and inserting the ,director's2 and 7,,ii7 by striking he or she and inserting the ,director2 7,c7 in subsection 7b71 as so redesignated-- 7i7 by striking he and inserting the ,president2 and 7ii7 by striking section #ee;a of title #e of the ,united ,states ,code4 ,individuals so employed may be compensated at rates not in excess of #ej per diem and while away from their homes or regular places of business they may be allowed transportation and not to exceed #ae per diem in lieu of subsistence and other expenses while so employed and inserting section #caji of title #e1 ,united ,states ,code2 7,d7 in subsection 7e71 as so redesignated1 by striking #aj1jjj and inserting #ajj1jjj2 and 7,e7 in subsection 7f71 as so redesignated1 by striking he and inserting the ,president2 7#ac7 in section #caa1 as so redesignated-- 7,a7 by striking he and inserting the ,president2 7,b7 by striking #acc1jjj1jjj for fiscal year #bjae and inserting #bej1jjj1jjj for fiscal year #bjbe2 and 7,c7 by striking #aag1jjj1jjj for each of fiscal years #bjbj through #bjbd to carry out title ,,iii and inserting #e1jjj1jjj for each of fiscal years #bjbf through #bjca to the ,executive ,director of the ,defense ,production ,act ,committee and the ,fund manager of the ,defense ,production ,act ,fund to carry out this ,act2 7#ad7 in section #cae1 as so redesignated-- 7,a7 in subsection 7a7-- 7i7 by striking title ,,iii1 and title ,,vii 7except sections #gjg1 #gjh1 and #gba7 and inserting title ,,ii1 and title ,,iii 7except sections #cjg1 #cjh1 and #caf72 7ii7 by striking #bjbf and inserting #bjca2 and 7iii7 by striking under title ,,iii and inserting under title ,,ii2 7,b7 in subsection 7c71 by striking section #cja of this ,act and inserting section #bja2 and 7,c7 by striking subsection 7d72 7#ae7 in section #caf1 as so redesignated1 in subsection 7l77#c77;,d71 by striking section #gjf7;b7 and inserting section #cjf7;b72 and 7#af7 in section #cag1 as so redesignated-- 7,a7 in subsection 7a71 by striking plan for on and inserting plan for2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a71 by striking and at the end2 7,,ii7 in subparagraph 7,b71 by striking the period at the end and inserting a semicolon2 and 7,,iii7 by adding at the end the following3 7,c7 the ,fund manager of the ,defense ,production ,act ,fund2 and 7,d7 the ,director of the ,office of ,management and ,budget4 2 and 7ii7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,chairperson ,the ,assistant to the ,president for ,national ,security ,affairs shall serve as the non-voting ,chairperson of the ,committee4 7#c7 ,executive ,director ,the ,director of the ,office of ,management and ,budget shall serve as the ,executive ,director of the ,committee1 who shall oversee interagency planning1 coordination1 and implementation of this ,act4 2 7,c7 in subsection 7c7-- 7i7 by striking one person and inserting one or more persons2 and 7ii7 by striking such person and inserting each such person2 7,d7 in subsection 7d7-- 7i7 by inserting ,chairperson of the before ,committee shall2 7ii7 by striking signed by the ,chairperson2 7iii7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 the most recent reports submitted pursuant to section #bjf2 2 7iv7 by striking paragraph 7#e72 7v7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 7vi7 in paragraph 7#b71 as so redesignated1 by striking legislation and inserting legislative2 7vii7 in paragraph 7#c71 as so redesignated1 by striking recommendations for improving and inserting actions taken to improve2 7viii7 by inserting after paragraph 7#c71 as so redesignated1 the following3 7#d7 an evaluation of the effectiveness of each relevant ,federal agency in deploying the authorities under title ,i and title ,,ii to address the needs described under section #bjf7;b77#b72 7#e7 a summary of any steps taken to reduce fraud in transactions under this ,act and a fraud risk assessment for all activities under undertaken under this ,act2 and 2 and 7ix7 in paragraph 7#d71 as so redesignated1 by striking each and inserting any2 7,e7 by redesignating subsection 7e7 as subsection 7f72 7,f7 by inserting after subsection 7d7 the following3 7e7 ,defense ,production ,act ,dashboard ,the ,executive ,director of the ,committee shall maintain a database that-- 7#a7 compiles and categorizes the actions reported under section #bjf7;b77#c72 7#b7 is available to all members of the ,committee1 for the purpose of more effective coordination of actions authorized this ,act2 7#c7 allows for real-time updates by the members of the ,committee2 and 7#d7 is subject to appropriate information security1 confidentiality1 and classification requirements4 7f7 ,toolkit and online resources site 7#a7 ,in general ,not later than #cfe days after the date of the enactment of this subsection1 the ,committee shall develop a toolkit and an online one-stop shop that allows ,federal agencies to share information and resources with interested persons regarding the use of authorities under this ,act 7other than authorities under section #caf or title ,,iv71 including the following3 7,a7 ,the process for solicitations under such authorities1 including information on submitting offers and receiving assistance4 7,b7 ,opportunities under such authorities for business concerns1 including small business concerns 7as defined under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb771 to participate in contracts and other funding mechanisms allowed such authorities4 7,c7 ,a searchable description of awards1 including an identification of the awardee and any priority rating for such award1 made using such authorities4 7,d7 ,a description of any voluntary agreements and executive reserves established1 consistent with such authorities1 including an identification of the parties engaged in each activity and the goals and terms of such activity1 as the ,committee determines appropriate4 7,e7 ,the contact information for an individual at each ,federal agency to which the ,president may delegate such authorities4 7#b7 ,outreach ,not later than #cfe days after the development of the toolkit required in paragraph 7#a71 and every #f months thereafter1 the ,committee shall develop a plan for each ,federal agency to which the ,president has delegated authorities under this ,act 7other than authorities under section #caf or title ,,iv7 to conduct outreach activities to educate the private sector about the commercial opportunities available under such authorities4 7g7 ,meetings ,the ,committee shall meet at least twice per year4 ,the ,chairperson of the ,committee may convene such other meetings as the ,chairperson determines necessary4 7h7 ,subcommittees 7#a7 ,emerging technology subcommittee 7,a7 ,establishment ,there is established within the ,committee a ,subcommittee on ,emerging ,technology4 7,b7 ,activities ,the ,subcommittee on ,emerging ,technology shall analyze-- 7i7 the effects or potential benefits of covered technology on activities determined essential to the national defense2 and 7ii7 how covered technology can be used within a single industry or ,federal agency1 or across industries and ,federal agencies1 to improve efficiencies1 encourage innovation1 and address supply chain gaps2 7,c7 ,report elements ,the ,subcommittee on ,emerging ,technology shall include1 in the annual report of the ,defense ,production ,act ,committee1 the analysis required under subparagraph 7,b77ii71 including a description of how covered technology can be used within a single industry or ,federal agency1 or across industries and ,federal agencies1 to improve efficiencies1 conserve resources1 and address supply chain gaps1 in support of national defense priorities4 7,d7 ,covered technology ,for purposes of this paragraph1 the ,subcommittee shall establish a definition for the term covered technology and1 in establishing such definition1 shall consider including technologies in the fields of-- 7i7 artificial intelligence and robotics2 7ii7 biotechnology2 7iii7 cryptography and quantum computing2 7iv7 materials science2 7v7 semiconductors2 and 7vi7 space4 7#b7 ,general subcommittee authority ,the ,executive ,director may establish and convene such additional subcommittees of the ,committee as the ,executive ,director determines appropriate to improve coordination among member agencies of the ,committee regarding particular activities authorized under this ,act4 2 and 7,g7 by adding at the end the following3 7g7 ,fraud risk management in transactions under this ,act ,not later than #a year after the date of the enactment of this subsection1 the ,defense ,production ,act ,committee shall-- 7#a7 establish and implement processes and procedures consistent with leading practices in the ,fraud ,risk ,framework established by the ,government ,accountability ,office to combat fraud in transactions undertaken under this ,act2 7#b7 train personnel about the standards and practices established and implemented under paragraph 7#a72 and 7#c7 designate a point of contact within the ,defense ,production ,act ,committee to be responsible for managing issues relating to fraud1 including coordinating with agencies to review fraud-related issues4 4 #e4 ,prohibition and notification on investments relating to covered national security transaction ,the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq47 is amended-- 7#a7 by redesignating title ,,viii as title ,,iv2 7#b7 by redesignating sections #hja through #hji as sections #dja through #dji1 respectively2 7#c7 in subsection 7e77#a7 of section #dja1 as so redesignated1 by striking section #gji and inserting section #cji2 7#d7 in section #djb1 as so redesignated-- 7,a7 in subsection 7a71 by striking section #hja7;a7 and inserting section #dja7;a72 7,b7 in subsection 7b77#a71 by striking section #gji and inserting section #cji2 and 7,c7 in subsection 7c71 by striking section #hja and inserting section #dja2 7#e7 in subsection 7a7 of section #djc1 as so redesignated-- 7,a7 in paragraph 7#a71 by striking section #hja7;e7 and #hjb7;b7 and inserting section #dja7;e7 or #djb7;b72 7,b7 in paragraph 7#b7-- 7i7 by striking section #hja7;e7 and #hjb7;b7 and inserting section #dja7;e7 or #djb7;b72 and 7ii7 by striking section #hja7;e7 each place such term appears and inserting section #dja7;e72 and 7,c7 in paragraph 7#c71 by striking section #hjb and inserting section #djb2 7#f7 in section #djg1 as so redesignated-- 7,a7 in subsection 7a71 by striking section #hja or #hjb and inserting section #dja or #djb2 and 7,b7 in subsection 7b71 by striking subsection #hja7;a7 each place such term appears and inserting section #dja7;a72 7#g7 in subsection 7b77#d7 of section #djh1 as so redesignated1 by striking section #hje and inserting section #dje2 and 7#h7 in section #dji1 as so redesignated-- 7,a7 in paragraph 7#a71 by striking section #hjd7;d7 and inserting section #djd7;d72 7,b7 in paragraph 7#d77;,a77viii71 by striking section #gji and inserting section #cji2 7,c7 in paragraph 7#g7-- 7i7 in subparagraph 7,a71 by striking section #hja and inserting section #dja2 and 7ii7 in subparagraph 7,b71 by striking section #gji and inserting section #cji2 and 7,d7 in paragraph 7#aj77;,b71 by striking section #gji and inserting section #cji4 #f4 ,,gao study on stockpiling and long-lead items 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall1 not later than #a year after the date of the enactment of this ,act1 begin a study on the efficacy of the current methods used by ,,dpa agencies to address ,,dpa-related long-lead items and related stockpiling challenges4 7b7 ,requirements ,when conducting the study required under subsection 7a71 the ,comptroller ,general shall-- 7#a7 examine how ,,dpa-related long-lead items are currently procured and stockpiled by ,,dpa agencies2 7#b7 identify ways in which ,federal agencies can work together to better address procurement and stockpiling of ,,dpa-related long-lead items2 and 7#c7 provide legislative recommendations1 including amendments to the ,,dpa1 to address procurement of ,,dpa-related long-lead items and the stockpiling of such items4 7c7 ,definitions ,in this section3 7#a7 ,,dpa ,the term ,,dpa means the ,defense ,production ,act of #aiej4 7#b7 ,,dpa agency ,the term ,,dpa agency means a ,federal agency to which the ,president has delegated authority under the ,,dpa4 7#c7 ,long-lead item ,the term long-lead item means components of a system or piece of equipment for which the times to design and fabricate are the longest1 and therefore1 to which an early commitment of funds may be desirable to complete the system by the earliest possible4 #g4 ,conforming amendments 7a7 ,,advance ,act of #bjbd ,section #cja7;d7 of division ,b of the ,,advance ,act of #bjbd 7#db ,u4,s4,c4 #bacc note7 is amended by striking section #gab and inserting section #caf4 7b7 ,american ,homeownership and ,economic ,opportunity ,act of #bjjj ,section #aajb of the ,american ,homeownership and ,economic ,opportunity ,act of #bjjj 7,public ,law #ajf-efi7 is amended by striking paragraph 7#b74 7c7 ,energy ,policy and ,conservation ,act ,section #beb7;h7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbgb7;h77 is amended by striking ,section #gjh and inserting ,section #cjh4 7d7 ,further ,consolidated ,appropriations ,act1 #bjbj ,section #djb7;c7 of the ,further ,consolidated ,appropriations ,act1 #bjbj 7#ab ,u4,s4,c4 #fce note7 is amended by striking section #gba7;a77#f77;,a7 and inserting section #caf7;a77#f77;,a74 7e7 ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai ,section #agib of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7#ej ,u4,s4,c4 #deca note7 is hereby repealed4 7f7 ,national ,defense ,authorization ,act for ,fiscal ,years #aihh and #aihi ,section #bgb of the ,national ,defense ,authorization ,act for ,fiscal ,years #aihh and #aihi 7#ae ,u4,s4,c4 #dfjb7;c77 is amended by striking section #gai of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 ,app4 #bafh714 7g7 ,national ,defense ,authorization ,act for ,fiscal ,year #bjah ,section #bbf of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjah 7#ej ,u4,s4,c4 #deca note7 is amended-- 7#a7 by striking subsection 7e72 and 7#b7 by redesignating subsection 7f7 as subsection 7e74 7h7 ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj ,section #hdg7;e7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj is amended by striking section #gba and inserting section #caf4 7i7 ,national ,defense ,authorization ,act for ,fiscal ,year #bjbb ,effective on the date of enactment of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbb1 section #agjb7k77#d7 of such ,act is amended by striking ,defense ,production ,act and inserting ,defense ,production ,act of #aiej4 7j7 ,title #aj1 ,united ,states ,code ,section #dhia7;a7 of title #aj1 ,united ,states ,code1 is amended by striking section #gba7;a7 and inserting section #caf7;a74 7k7 ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba ,section #hdh7;b77#b77;,c7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7#aj ,u4,s4,c4 #dhaa note7 is amended by striking title ,,iii and inserting title ,,ii4