123STA T . 2 0 1 7PUBLIC LA W 111 –6 7 — S E PT. 30 , 200 9‘ ‘ SEC.304 . D E F E N SE PRO D U C TI ON A CT FUND. ‘ ‘ (a)ESTABLI S HMEN T OFFU N D.—Ther e is es t a bl ishe d i n the Treas u r yof the U nited S tates a se p arate fund to be k no w nas the ‘ D efense P rodu c tion A ct Fund ’ (in this section referred to as the ‘Fund’). ‘‘(b) M ONE Y S IN FUND.—There shall be credited to the Fund— ‘‘( 1 ) all m oneys appropriated for the Fund , as authori z ed by section 7 11
and ‘‘( 2 ) all moneys recei v ed by the Fund on transactions entered into pursuant to section 30 3. ‘‘(c) USE OF FUND.—The Fund shall be available to carry out the provisions and purposes of this title, sub j ect to the limitations set forth in this Act and in appropriations Acts. ‘‘(d) DU R ATION OF FUND.—Moneys in the Fund shall remain available until e x pended. ‘‘(e) FUND B ALAN C E.—The Fund balance at the close of each fiscal year shall not exceed $ 7 5 0,000,000, excludin g any moneys appropriated to the Fund during that fiscal year or obligated funds. I f, at the close of any fiscal year, the Fund balance exceeds $750,000,000, the amount in excess of $750,000,000 shall be paid into the general fund of the Treasury. ‘‘(f) FUND MANA G ER.—The President shall designate a Fund manager. The duties of the Fund manager shall include— ‘‘(1) determining the liability of the Fund in accordance with subsection (g); ‘‘(2) ensuring the visibility and accountability of trans - actions engaged in through the Fund; and ‘‘(3) reporting to the C ongress each year regarding activities of the Fund during the previous fiscal year. ‘‘(g) L IABILITIES AGAINST FUND.— W hen any agreement entered into pursuant to this title after December 31, 1 9 91, imposes any contingent liability upon the United States, such liability shall be considered an obligation against the Fund.’’. SEC. 8 . DEFINITIONS. Section 702 of the Defense Production Act of 1950 (50 U.S.C. App. 2152) is amended— (1) in paragraph (1), by striking ‘‘military e q uipment identi- fied by the Secretary of Defense’’ and inserting ‘‘equipment identified by the President’’; (2) by striking paragraphs (2), ( 4 ), (9), and (1 8 ); (3) by redesignating paragraph (3) as paragraph (2); (4) by inserting after paragraph (2), as so redesignated, the following
‘‘(3) CRITICAL TECHNOLOGY.—The term ‘critical technology’ includes any technology designated by the President to be essential to the national defense.’’; (5) by redesignating paragraphs (5) through (8) as para- graphs (4) through (7), respectively; ( 6 ) in paragraph (6), as so redesignated— (A) in the paragraph heading, by striking ‘‘DEFENSE’’; (B) by striking ‘‘domestic defense’’ and inserting ‘‘domestic’’; and (C) by striking ‘‘graduated mobilization,’’; (7) by redesignating paragraphs (10) and (11) as paragraphs (8) and (9), respectively; Contrac t s.P r e s id ent. 50US C a p p. 2 0 94 .
