To reauthorize the Defense Production Act, to improve the Defense Production Act Committee, and for other purposes.

Bill: 113-hr-4809
Sponsor: full_name: Rep. Campbell, John [R-CA-45]
Introduced: 2014-06-09
Policy area: Armed Forces and National Security
Subjects: Administrative law and regulatory procedures

Advisory bodies

Congressional oversight

Industrial policy and productivity

Military procurement, research, weapons development

Military readiness

Presidents and presidential powers, Vice Presidents
Latest action: action_date: 2014-09-26
text: Became Public Law No: 113-172.

Summaries:
action_date: 2014-06-09
action_desc: Introduced in House
text: <p>Reauthorizes provisions of the Defense Production Act of 1950 (provides authority for the President and federal agencies to prepare for national defense, military conflicts, disasters, or acts of terrorism using the domestic industrial base to supply materials and services) through September 30, 2019.</p> <p>Revises requirements relating to the Defense Production Act Committee to: (1) direct the Committee to coordinate and plan (currently, advise the President) according to specified priorities and allocation authorities; (2) require the Chairperson to be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of such activities; and (3) require the Chairperson to appoint a coordinator of Committee activities (currently, the President appoints an Executive Director).</p> <p>Expands the Committee's annual report to Congress to include a description of contingency planning by federal agencies, legislative recommendations, and updated copies of federal agencies' rules to promote national defense under both emergency and nonemergency conditions. Requires federal agencies delegated defense production authority to review such rules annually and make updates whenever appropriate.</p> <p>Prohibits the President from: (1) delegating a determination to execute a contract for an industrial resource, material, or critical technology that is essential to national defense; (2) executing contracts for such capabilities unless the purchases are the most cost effective, expedient, and practical alternative method for meeting the need; and (3) taking action to correct an industrial resource shortfall without congressional authorization if such action would cause the aggregate outstanding amount of all such actions to exceed $50 million.</p>

action_date: 2014-07-29
action_desc: Passed House amended
text: <p>(Sec. 1) Reauthorizes provisions of the Defense Production Act of 1950 (provides authority for the President and federal agencies to prepare for national defense, military conflicts, disasters, or acts of terrorism using the domestic industrial base to supply materials and services) through September 30, 2019.</p> <p>Reinstates authorities under which the President may provide for loans to private business enterprises or authorize a guaranteeing agency to guarantee loans by private institutions to contractors, providers of critical infrastructure, or other persons for services, production, or deliveries essential to national defense. Makes such authorities effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts.</p> <p>(Sec. 2) Revises requirements relating to the Defense Production Act Committee to: (1) direct the Committee to coordinate and plan (currently, advise the President) according to specified priorities and allocation authorities; (2) require the Chairperson to be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of such activities; and (3) require the Chairperson to appoint a coordinator of Committee activities (currently, the President appoints an Executive Director). </p> <p>Expands the Committee's annual report to Congress to include a description of contingency planning by federal agencies, legislative recommendations, and updated copies of federal agencies' rules to promote national defense under both emergency and nonemergency conditions.</p> <p>(Sec. 3) Requires federal agencies delegated defense production authority to review such rules annually and make updates whenever appropriate.</p> <p>(Sec. 4) Prohibits the President from: (1) delegating a determination to execute a contract for an industrial resource, material, or critical technology that is essential to national defense; (2) executing contracts for such capabilities unless the purchases are the most cost effective, expedient, and practical alternative method for meeting the need; and (3) taking action to correct an industrial resource shortfall without congressional authorization if such action would cause the aggregate outstanding amount of all such actions to exceed $50 million.</p> <p>Prohibits the congressional authorization requirement for an aggregate amount exceeding $50 million from applying to projects undertaken pursuant to a determination made before the enactment of this Act.</p> <p>(Sec. 5) Authorizes specified appropriations. </p>

action_date: 2014-09-17
action_desc: Passed Senate without amendment
text: <p><b>(This measure has not been amended since it was passed by the House on July 29, 2014. The summary of that version is repeated here.)</b> </p> <p>(Sec. 1) Reauthorizes provisions of the Defense Production Act of 1950 (provides authority for the President and federal agencies to prepare for national defense, military conflicts, disasters, or acts of terrorism using the domestic industrial base to supply materials and services) through September 30, 2019.</p> <p>Reinstates authorities under which the President may provide for loans to private business enterprises or authorize a guaranteeing agency to guarantee loans by private institutions to contractors, providers of critical infrastructure, or other persons for services, production, or deliveries essential to national defense. Makes such authorities effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts.</p> <p>(Sec. 2) Revises requirements relating to the Defense Production Act Committee to: (1) direct the Committee to coordinate and plan (currently, advise the President) according to specified priorities and allocation authorities; (2) require the Chairperson to be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of such activities; and (3) require the Chairperson to appoint a coordinator of Committee activities (currently, the President appoints an Executive Director). </p> <p>Expands the Committee's annual report to Congress to include a description of contingency planning by federal agencies, legislative recommendations, and updated copies of federal agencies' rules to promote national defense under both emergency and nonemergency conditions.</p> <p>(Sec. 3) Requires federal agencies delegated defense production authority to review such rules annually and make updates whenever appropriate.</p> <p>(Sec. 4) Prohibits the President from: (1) delegating a determination to execute a contract for an industrial resource, material, or critical technology that is essential to national defense; (2) executing contracts for such capabilities unless the purchases are the most cost effective, expedient, and practical alternative method for meeting the need; and (3) taking action to correct an industrial resource shortfall without congressional authorization if such action would cause the aggregate outstanding amount of all such actions to exceed $50 million.</p> <p>Prohibits the congressional authorization requirement for an aggregate amount exceeding $50 million from applying to projects undertaken pursuant to a determination made before the enactment of this Act.</p> <p>(Sec. 5) Authorizes specified appropriations. </p>

action_date: 2014-09-26
action_desc: Public Law
text: <p><b>(This measure has not been amended since it was passed by the House on July 29, 2014. The summary of that version is repeated here.)</b> </p> <p>(Sec. 1) Reauthorizes provisions of the Defense Production Act of 1950 (provides authority for the President and federal agencies to prepare for national defense, military conflicts, disasters, or acts of terrorism using the domestic industrial base to supply materials and services) through September 30, 2019.</p> <p>Reinstates authorities under which the President may provide for loans to private business enterprises or authorize a guaranteeing agency to guarantee loans by private institutions to contractors, providers of critical infrastructure, or other persons for services, production, or deliveries essential to national defense. Makes such authorities effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts.</p> <p>(Sec. 2) Revises requirements relating to the Defense Production Act Committee to: (1) direct the Committee to coordinate and plan (currently, advise the President) according to specified priorities and allocation authorities; (2) require the Chairperson to be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of such activities; and (3) require the Chairperson to appoint a coordinator of Committee activities (currently, the President appoints an Executive Director). </p> <p>Expands the Committee's annual report to Congress to include a description of contingency planning by federal agencies, legislative recommendations, and updated copies of federal agencies' rules to promote national defense under both emergency and nonemergency conditions.</p> <p>(Sec. 3) Requires federal agencies delegated defense production authority to review such rules annually and make updates whenever appropriate.</p> <p>(Sec. 4) Prohibits the President from: (1) delegating a determination to execute a contract for an industrial resource, material, or critical technology that is essential to national defense; (2) executing contracts for such capabilities unless the purchases are the most cost effective, expedient, and practical alternative method for meeting the need; and (3) taking action to correct an industrial resource shortfall without congressional authorization if such action would cause the aggregate outstanding amount of all such actions to exceed $50 million.</p> <p>Prohibits the congressional authorization requirement for an aggregate amount exceeding $50 million from applying to projects undertaken pursuant to a determination made before the enactment of this Act.</p> <p>(Sec. 5) Authorizes specified appropriations. </p>

tv_txt: I 113th CONGRESS 2d Session H. R. 4809 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Mr. Campbell introduced the following bill; which was referred to the Committee on Financial Services A BILL To reauthorize the Defense Production Act, to improve the Defense Production Act Committee, and for other purposes.

1. Reauthorization Section 717(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2166(a) ) is amended by striking 2014 and inserting 2019 . 2. Defense Production Act Committee improvements Section 722 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2171 ) is amended— (1) in subsection (a)— (A) by striking advise the President and inserting coordinate and plan for ; and (B) by striking the authority and inserting the priorities and allocations authorities ; (2) in subsection (b), by amending paragraph (2) to read as follows: (2) The Chairperson of the Committee shall be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of the authorities in this Act. ; (3) by amending subsection (c) to read as follows: (c) Coordination of Committee activities The Chairperson shall appoint one person to coordinate all of the activities of the Committee, and such person shall— (1) be a full-time employee of the Federal Government; (2) report to the Chairperson; and (3) carry out such activities relating to the Committee as the Chairperson may determine appropriate. ; and (4) in subsection (d)— (A) by striking Not later than and all that follows through Committee shall submit and inserting the following: The Committee shall issue a report each year by March 31 ; (B) by striking each member of the Committee and inserting the Chairperson ; (C) in paragraph (1)— (i) by striking a review of the authority under this Act of and inserting a description of the contingency planning by ; and (ii) by inserting before the semicolon the following: for events that might require the use of the priorities and allocations authorities ; (D) in paragraph (2), by striking authority described in paragraph (1) and inserting priorities and allocations authorities in this Act ; (E) by amending paragraph (3) to read as follows: (3) recommendations for legislation actions, as appropriate, to support the effective use of the priorities and allocations authorities in this Act; ; (F) in paragraph (4), by striking all aspects of and all that follows through the end of the paragraph and inserting the use of the priorities and allocations authorities in this Act; ; and (G) by adding at the end the following: (5) up-to-date copies of the rules described under section 101(d)(1); and (6) short attestations signed by each member of the Committee stating their concurrence in the report. . 3. Updated rulemaking Section 101(d)(1) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2071(d)(1) ) is amended by striking not later than and all that follows through rules and inserting the following: issue, and annually review and update whenever appropriate, final rules . 4. Presidential determination Section 303(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2093(a) ) is amended— (1) in paragraph (5)— (A) by striking determines and inserting the following: , on a non-delegable basis, determines, with appropriate explanatory material and in writing, ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by striking the period and inserting ; and ; and (D) by adding at the end the following: (C) purchases, purchase commitments, or other action pursuant to this section are the most cost effective, expedient, and practical alternative method for meeting the need. ; and (2) in paragraph (6), by adding at the end the following: (C) Limitation If the taking of any action or actions under this section to correct an industrial resource shortfall would cause the aggregate outstanding amount of all such actions for such industrial resource shortfall to exceed $50,000,000, no such action or actions may be taken, unless such action or actions are authorized to exceed such amount by an Act of Congress. .

tv_txt: I 113th CONGRESS 2d Session H. R. 4809 IN THE HOUSE OF REPRESENTATIVES AN ACT To reauthorize the Defense Production Act, to improve the Defense Production Act Committee, and for other purposes.

1. Reauthorization Section 717(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2166(a) ) is amended— (1) by striking 2014 and inserting 2019 ; and (2) by striking on or after the date of enactment of the Defense Production Act Reauthorization of 2009 . 2. Defense Production Act Committee improvements Section 722 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2171 ) is amended— (1) in subsection (a)— (A) by striking advise the President and inserting coordinate and plan for ; and (B) by striking the authority and inserting the priorities and allocations authorities ; (2) in subsection (b), by amending paragraph (2) to read as follows: (2) The Chairperson of the Committee shall be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of the authorities in this Act. ; (3) by amending subsection (c) to read as follows: (c) Coordination of Committee activities The Chairperson shall appoint one person to coordinate all of the activities of the Committee, and such person shall— (1) be a full-time employee of the Federal Government; (2) report to the Chairperson; and (3) carry out such activities relating to the Committee as the Chairperson may determine appropriate. ; and (4) in subsection (d)— (A) by striking Not later than and all that follows through Committee shall submit and inserting the following: The Committee shall issue a report each year by March 31 ; (B) by striking each member of the Committee and inserting the Chairperson ; (C) in paragraph (1)— (i) by striking a review of the authority under this Act of and inserting a description of the contingency planning by ; and (ii) by inserting before the semicolon the following: for events that might require the use of the priorities and allocations authorities ; (D) in paragraph (2), by striking authority described in paragraph (1) and inserting priorities and allocations authorities in this Act ; (E) by amending paragraph (3) to read as follows: (3) recommendations for legislation actions, as appropriate, to support the effective use of the priorities and allocations authorities in this Act; ; (F) in paragraph (4), by striking all aspects of and all that follows through the end of the paragraph and inserting the use of the priorities and allocations authorities in this Act; ; and (G) by adding at the end the following: (5) up-to-date copies of the rules described under section 101(d)(1); and (6) short attestations signed by each member of the Committee stating their concurrence in the report. . 3. Updated rulemaking Section 101(d)(1) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2071(d)(1) ) is amended by striking not later than and all that follows through rules and inserting the following: issue, and annually review and update whenever appropriate, final rules . 4. Presidential determination (a) In general Section 303(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2093(a) ) is amended— (1) in paragraph (5)— (A) by striking determines and inserting the following: , on a non-delegable basis, determines, with appropriate explanatory material and in writing, ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by striking the period and inserting ; and ; and (D) by adding at the end the following: (C) purchases, purchase commitments, or other action pursuant to this section are the most cost effective, expedient, and practical alternative method for meeting the need. ; and (2) in paragraph (6), by adding at the end the following: (C) Limitation If the taking of any action or actions under this section to correct an industrial resource shortfall would cause the aggregate outstanding amount of all such actions for such industrial resource shortfall to exceed $50,000,000, no such action or actions may be taken, unless such action or actions are authorized to exceed such amount by an Act of Congress. . (b) Exception Section 303(a)(6)(C) of the Defense Production Act of 1950, as added by subsection (a)(2), shall not apply to a project undertaken pursuant to a determination made before the date of the enactment of this Act. 5. Authorization of appropriations Section 711 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2161 ) is amended— (1) by striking are hereby authorized to be appropriated such sums as may be necessary and appropriate and inserting is authorized to be appropriated $133,000,000 for fiscal year 2015 and each fiscal year thereafter ; and (2) by striking the second and third sentences.

Passed the House of Representatives July 29, 2014. Karen L. Haas, Clerk.

tv_txt: 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. Reauthorization Section 717(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2166(a) ) is amended— (1) by striking 2014 and inserting 2019 ; and (2) by striking on or after the date of enactment of the Defense Production Act Reauthorization of 2009 . 2. Defense Production Act Committee improvements Section 722 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2171 ) is amended— (1) in subsection (a)— (A) by striking advise the President and inserting coordinate and plan for ; and (B) by striking the authority and inserting the priorities and allocations authorities ; (2) in subsection (b), by amending paragraph (2) to read as follows: (2) The Chairperson of the Committee shall be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of the authorities in this Act. ; (3) by amending subsection (c) to read as follows: (c) Coordination of Committee activities The Chairperson shall appoint one person to coordinate all of the activities of the Committee, and such person shall— (1) be a full-time employee of the Federal Government; (2) report to the Chairperson; and (3) carry out such activities relating to the Committee as the Chairperson may determine appropriate. ; and (4) in subsection (d)— (A) by striking Not later than and all that follows through Committee shall submit and inserting the following: The Committee shall issue a report each year by March 31 ; (B) by striking each member of the Committee and inserting the Chairperson ; (C) in paragraph (1)— (i) by striking a review of the authority under this Act of and inserting a description of the contingency planning by ; and (ii) by inserting before the semicolon the following: for events that might require the use of the priorities and allocations authorities ; (D) in paragraph (2), by striking authority described in paragraph (1) and inserting priorities and allocations authorities in this Act ; (E) by amending paragraph (3) to read as follows: (3) recommendations for legislation actions, as appropriate, to support the effective use of the priorities and allocations authorities in this Act; ; (F) in paragraph (4), by striking all aspects of and all that follows through the end of the paragraph and inserting the use of the priorities and allocations authorities in this Act; ; and (G) by adding at the end the following: (5) up-to-date copies of the rules described under section 101(d)(1); and (6) short attestations signed by each member of the Committee stating their concurrence in the report. . 3. Updated rulemaking Section 101(d)(1) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2071(d)(1) ) is amended by striking not later than and all that follows through rules and inserting the following: issue, and annually review and update whenever appropriate, final rules . 4. Presidential determination (a) In general Section 303(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2093(a) ) is amended— (1) in paragraph (5)— (A) by striking determines and inserting the following: , on a non-delegable basis, determines, with appropriate explanatory material and in writing, ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by striking the period and inserting ; and ; and (D) by adding at the end the following: (C) purchases, purchase commitments, or other action pursuant to this section are the most cost effective, expedient, and practical alternative method for meeting the need. ; and (2) in paragraph (6), by adding at the end the following: (C) Limitation If the taking of any action or actions under this section to correct an industrial resource shortfall would cause the aggregate outstanding amount of all such actions for such industrial resource shortfall to exceed $50,000,000, no such action or actions may be taken, unless such action or actions are authorized to exceed such amount by an Act of Congress. . (b) Exception Section 303(a)(6)(C) of the Defense Production Act of 1950, as added by subsection (a)(2), shall not apply to a project undertaken pursuant to a determination made before the date of the enactment of this Act. 5. Authorization of appropriations Section 711 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2161 ) is amended— (1) by striking are hereby authorized to be appropriated such sums as may be necessary and appropriate and inserting is authorized to be appropriated $133,000,000 for fiscal year 2015 and each fiscal year thereafter ; and (2) by striking the second and third sentences.

Passed the House of Representatives July 29, 2014. Karen L. Haas, Clerk

tv_txt: I One Hundred Thirteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen H. R. 4809 AN ACT To reauthorize the Defense Production Act, to improve the Defense Production Act Committee, and for other purposes.

1. Reauthorization Section 717(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2166(a) ) is amended— (1) by striking 2014 and inserting 2019 ; and (2) by striking on or after the date of enactment of the Defense Production Act Reauthorization of 2009 . 2. Defense Production Act Committee improvements Section 722 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2171 ) is amended— (1) in subsection (a)— (A) by striking advise the President and inserting coordinate and plan for ; and (B) by striking the authority and inserting the priorities and allocations authorities ; (2) in subsection (b), by amending paragraph (2) to read as follows: (2) The Chairperson of the Committee shall be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of the authorities in this Act. ; (3) by amending subsection (c) to read as follows: (c) Coordination of Committee activities The Chairperson shall appoint one person to coordinate all of the activities of the Committee, and such person shall— (1) be a full-time employee of the Federal Government; (2) report to the Chairperson; and (3) carry out such activities relating to the Committee as the Chairperson may determine appropriate. ; and (4) in subsection (d)— (A) by striking Not later than and all that follows through Committee shall submit and inserting the following: The Committee shall issue a report each year by March 31 ; (B) by striking each member of the Committee and inserting the Chairperson ; (C) in paragraph (1)— (i) by striking a review of the authority under this Act of and inserting a description of the contingency planning by ; and (ii) by inserting before the semicolon the following: for events that might require the use of the priorities and allocations authorities ; (D) in paragraph (2), by striking authority described in paragraph (1) and inserting priorities and allocations authorities in this Act ; (E) by amending paragraph (3) to read as follows: (3) recommendations for legislation actions, as appropriate, to support the effective use of the priorities and allocations authorities in this Act; ; (F) in paragraph (4), by striking all aspects of and all that follows through the end of the paragraph and inserting the use of the priorities and allocations authorities in this Act; ; and (G) by adding at the end the following: (5) up-to-date copies of the rules described under section 101(d)(1); and (6) short attestations signed by each member of the Committee stating their concurrence in the report. . 3. Updated rulemaking Section 101(d)(1) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2071(d)(1) ) is amended by striking not later than and all that follows through rules and inserting the following: issue, and annually review and update whenever appropriate, final rules . 4. Presidential determination (a) In general Section 303(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2093(a) ) is amended— (1) in paragraph (5)— (A) by striking determines and inserting the following: , on a non-delegable basis, determines, with appropriate explanatory material and in writing, ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by striking the period and inserting ; and ; and (D) by adding at the end the following: (C) purchases, purchase commitments, or other action pursuant to this section are the most cost effective, expedient, and practical alternative method for meeting the need. ; and (2) in paragraph (6), by adding at the end the following: (C) Limitation If the taking of any action or actions under this section to correct an industrial resource shortfall would cause the aggregate outstanding amount of all such actions for such industrial resource shortfall to exceed $50,000,000, no such action or actions may be taken, unless such action or actions are authorized to exceed such amount by an Act of Congress. . (b) Exception Section 303(a)(6)(C) of the Defense Production Act of 1950, as added by subsection (a)(2), shall not apply to a project undertaken pursuant to a determination made before the date of the enactment of this Act. 5. Authorization of appropriations Section 711 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2161 ) is amended— (1) by striking are hereby authorized to be appropriated such sums as may be necessary and appropriate and inserting is authorized to be appropriated $133,000,000 for fiscal year 2015 and each fiscal year thereafter ; and (2) by striking the second and third sentences.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.