123STA T . 2 0 0 9PUBLIC LA W 111 –67— S E PT. 30 , 2009 ofsuchpr o d uc tive f a ci l ities w ithi n li m ited g eographic areas that are vulnera b le to attac k b y an enemy of the U nited S tates
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‘ (7) to ensure that essential national defense re q uirements are met , consideration should be given to stockpiling strategic materials, to the e x tent that such stockpiling is economical and feasible; and ‘‘( 8 ) in the construction of any industrial facility owned by the United States G overnment, in the rendition of any financial assistance by the United States Government for the construction, expansion, or improvement of any industrial facility, and in the production of goods and services, under this A ct or any other provision of law, each department and agency of the United States Government should apply, under the coordination of the F ederal E mergency M anagement Agency, when practicable and consistent with existing law and the desirability for maintaining a sound economy, the principle of geographic dispersal of such facilities in the interest of national defense .’ ’. SEC.4 . PRIO RI TY I N CONTR A CTS AN D ORDERS. Section 10 1 of the D efense P roduction Act of 1 95 0 (50 U.S. C . App. 2 071) is amended by adding at the end the following
‘‘(d) T he head of each Federal agency to which the President delegates authority under this section shall — ‘‘(1) not later than 270 days after the date of enactment of the Defense Production Act R eauthori z ation of 2009, issue final rules, in accordance with section 55 3 of title 5, United States Code, that establish standards and procedures by which the priorities and allocations authority under this section is used to promote the national defense, under both emergency and nonemergency conditions; and ‘‘(2) as appropriate and to the extent practicable, consult with the heads of other Federal agencies to develop a consistent and unified Federal priorities and allocations system.’’. SEC. 5 . DESI G NATION O F ENERGY AS A STRATEGIC AND CRITICA LM ATERIAL. Section 10 6 of the Defense Production Act of 1950 (50 U.S.C. App. 2076) is amended— (1) by striking ‘‘such designation’’ and all that follows through ‘‘(1)’’ and inserting ‘‘such designation’’; (2) by striking ‘‘; or’’ and inserting a period; and (3) by striking paragraph (2). SEC. 6 . STRENGT H ENING DOMESTIC CAPA B ILITY. Section 107 of the Defense Production Act of 1950 (50 U.S.C. App. 2077) is amended— (1) in subsection (a)— (A) by inserting ‘‘restore,’’ after ‘‘modernize,’’; and ( B ) by inserting ‘‘materials,’’ after ‘‘items,’’; and (2) in subsection (b)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as para - graphs (1) and (2), respectively; and (C) in paragraph (1), as so redesignated, by striking ‘‘or critical technology items’’ and inserting ‘‘, critical tech- nology items, essential materials, and industrial resources’’. Consulta t i on .De a d line. R e g ulations.
