123STA T . 2 0 1 8PUBLIC LA W 111 –67— S E PT. 30 , 200 9(8)byinsert in gaf ter p aragrap h ( 9 ) , ass o re d esignated, the fo l lo w ing
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‘( 10 ) GUAR A NTE E I N G AGEN CY.—T he ter m ‘g u aranteeing agen c y ’ means a department or agency of the U nited S tates engaged in procurement for the national defense. ‘‘(11) HOM E L AN DS ECURITY.—The term ‘homeland security’ includes efforts— ‘‘( A )topre v ent terrorist attac k s within the United States
‘‘( B ) to reduce the vulnerability of the United States to terrorism; ‘‘( C ) to minimi z e damage from a terrorist attack in the United States; and ‘‘( D ) to recover from a terrorist attack in the United States.’’; (9) in paragraph (1 2 ), by striking ‘‘capacity’’ and inserting ‘‘base’’; (10) in paragraph (1 4 ), by striking ‘‘military assistance to any foreign nation’’ and inserting ‘‘military or critical infra - structure assistance to any foreign nation, homeland security’’; and (11) in paragraph (1 6 )— (A) in subparagraph (A), by striking ‘‘or’’ at the end; (B) in subparagraph (B), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ‘‘(C) the movement of individuals and property by all modes of civil transportation; or ‘‘(D) other national defense programs and activities.’’. SEC.9 . VOLUNTARY A G REE M ENTS AN DP LANS O F ACT I ON FOR NATIONAL DEFENSE. Section 7 08 of the Defense P roduction Act of 19 5 0 (50 U.S.C. App. 2158) is amended— (1) in subsection (c)— (A) in paragraph (1), by striking ‘‘defense of the United States’’ and all that follows through the period and inserting ‘‘national defense.’’; and (B) by adding at the end the following: ‘‘( 3 ) Upon a determination by the President, on a nondelegable basis, that a specific voluntary agreement or plan of action is necessary to meet national defense re q uirements resulting from an event that degrades or destroys critical infrastructure— ‘‘(A) an individual that has been delegated authority under paragraph (1) with respect to such agreement or plan shall not be required to consult with the Attorney General or the F ederal Trade Commission under paragraph (2)(B); and ‘‘(B) the President shall publish a rule in accordance with subsection (e)(2)(B) and publish notice in accordance with sub- section (e)(3)(B) with respect to such agreement or plan as soon as is practicable under the circumstances.’’; (2) in subsection (f)(2)— (A) by striking ‘‘two years’’ each place that term appears and inserting ‘‘5 years’’; and (B) by striking ‘‘two-year’’ and inserting ‘‘5-year’’; and (3) by striking subsection (n) and inserting the following: Publicat i on.Reg ulation. N otice. P r e s i d ent.
