II 

113TH CONGRESS 

2D SESSION H. R. 4809 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2014 

Received 

AN ACT 

To reauthorize the Defense Production Act, to improve the 

Defense Production Act Committee, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. REAUTHORIZATION. 

2 Section 717(a) of the Defense Production Act of 

3 1950 (50 U.S.C. App. 2166(a)) is amended— 

4 (1) by striking ‘‘2014’’ and inserting ‘‘2019’’; 

5 and 

6 (2) by striking ‘‘on or after the date of enact7 ment of the Defense Production Act Reauthorization 

8 of 2009’’. 

9 SEC. 2. DEFENSE PRODUCTION ACT COMMITTEE IMPROVE10 MENTS. 

11 Section 722 of the Defense Production Act of 1950 

12 (50 U.S.C. App. 2171) is amended— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘advise the President’’ and 

15 inserting ‘‘coordinate and plan for’’; and 

16 (B) by striking ‘‘the authority’’ and insert17 ing ‘‘the priorities and allocations authorities’’; 

18 (2) in subsection (b), by amending paragraph 

19 (2) to read as follows: 

20 ‘‘(2) The Chairperson of the Committee shall be 

21 the head of the agency to which the President has 

22 delegated primary responsibility for government-wide 

23 coordination of the authorities in this Act.’’; 

24 (3) by amending subsection (c) to read as fol25 lows: 


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1 ‘‘(c) COORDINATION OF COMMITTEE ACTIVITIES.— 

2 The Chairperson shall appoint one person to coordinate 

3 all of the activities of the Committee, and such person 

4 shall— 

5 ‘‘(1) be a full-time employee of the Federal 

6 Government; 

7 ‘‘(2) report to the Chairperson; and 

8 ‘‘(3) carry out such activities relating to the 

9 Committee as the Chairperson may determine appro10 priate.’’; and 

11 (4) in subsection (d)— 

12 (A) by striking ‘‘Not later than’’ and all 

13 that follows through ‘‘Committee shall submit’’ 

14 and inserting the following: ‘‘The Committee 

15 shall issue a report each year by March 31’’; 

16 (B) by striking ‘‘each member of the Com17 mittee’’ and inserting ‘‘the Chairperson’’; 

18 (C) in paragraph (1)— 

19 (i) by striking ‘‘a review of the au20 thority under this Act of’’ and inserting ‘‘a 

21 description of the contingency planning 

22 by’’; and 

23 (ii) by inserting before the semicolon 

24 the following: ‘‘for events that might reVerDate Sep 11 2014 00:58 Sep 18, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4809.RDS H4809

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1 quire the use of the priorities and alloca2 tions authorities’’; 

3 (D) in paragraph (2), by striking ‘‘author4 ity described in paragraph (1)’’ and inserting 

5 ‘‘priorities and allocations authorities in this 

6 Act’’; 

7 (E) by amending paragraph (3) to read as 

8 follows: 

9 ‘‘(3) recommendations for legislation actions, as 

10 appropriate, to support the effective use of the prior11 ities and allocations authorities in this Act;’’; 

12 (F) in paragraph (4), by striking ‘‘all as13 pects of’’ and all that follows through the end 

14 of the paragraph and inserting ‘‘the use of the 

15 priorities and allocations authorities in this 

16 Act;’’; and 

17 (G) by adding at the end the following: 

18 ‘‘(5) up-to-date copies of the rules described 

19 under section 101(d)(1); and 

20 ‘‘(6) short attestations signed by each member 

21 of the Committee stating their concurrence in the re22 port.’’. 

23 SEC. 3. UPDATED RULEMAKING. 

24 Section 101(d)(1) of the Defense Production Act of 

25 1950 (50 U.S.C. App. 2071(d)(1)) is amended by striking 


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1 ‘‘not later than’’ and all that follows through ‘‘rules’’ and 

2 inserting the following: ‘‘issue, and annually review and 

3 update whenever appropriate, final rules’’. 

4 SEC. 4. PRESIDENTIAL DETERMINATION. 

5 (a) IN GENERAL.—Section 303(a) of the Defense 

6 Production Act of 1950 (50 U.S.C. App. 2093(a)) is 

7 amended— 

8 (1) in paragraph (5)— 

9 (A) by striking ‘‘determines’’ and inserting 

10 the following: ‘‘, on a non-delegable basis, deter11 mines, with appropriate explanatory material 

12 and in writing,’’; 

13 (B) in subparagraph (A), by striking 

14 ‘‘and’’ at the end; 

15 (C) in subparagraph (B), by striking the 

16 period and inserting ‘‘; and’’; and 

17 (D) by adding at the end the following: 

18 ‘‘(C) purchases, purchase commitments, or 

19 other action pursuant to this section are the 

20 most cost effective, expedient, and practical al21 ternative method for meeting the need.’’; and 

22 (2) in paragraph (6), by adding at the end the 

23 following: 

24 ‘‘(C) LIMITATION.—If the taking of any 

25 action or actions under this section to correct 


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1 an industrial resource shortfall would cause the 

2 aggregate outstanding amount of all such ac3 tions for such industrial resource shortfall to 

4 exceed $50,000,000, no such action or actions 

5 may be taken, unless such action or actions are 

6 authorized to exceed such amount by an Act of 

7 Congress.’’. 

8 (b) EXCEPTION.—Section 303(a)(6)(C) of the De9 fense Production Act of 1950, as added by subsection 

10 (a)(2), shall not apply to a project undertaken pursuant 

11 to a determination made before the date of the enactment 

12 of this Act. 

13 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 711 of the Defense Production Act of 1950 

15 (50 U.S.C. App. 2161) is amended— 

16 (1) by striking ‘‘are hereby authorized to be ap17 propriated such sums as may be necessary and ap18 propriate’’ and inserting ‘‘ is authorized to be appro19 priated $133,000,000 for fiscal year 2015 and each 

20 fiscal year thereafter’’; and 


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1 (2) by striking the second and third sentences. 

Passed the House of Representatives July 29, 2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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