To reauthorize the Defense Production Act, to improve the Defense Production Act Committee, and for other purposes.
PL 113-172 (H.R.4809), enacted 09/26/2014

[113th Congress Public Law 172]
[From the U.S. Government Publishing Office]



[[Page 1895]]

                   DEFENSE PRODUCTION REAUTHORIZATION

[[Page 128 STAT. 1896]]

Public Law 113-172
113th Congress

                                 An Act


 
   To reauthorize the Defense Production Act, to improve the Defense 
  Production Act Committee, and for other purposes. <<NOTE: Sept. 26, 
                         2014 -  [H.R. 4809]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 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''.
SEC. 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: <<NOTE: Reports.>>  ``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)--

[[Page 128 STAT. 1897]]

                          (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.''.
SEC. 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''.
SEC. 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) <<NOTE: 50 USC app. 2093 note.>>  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.

[[Page 128 STAT. 1898]]

SEC. 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.

    Approved September 26, 2014.

LEGISLATIVE HISTORY--H.R. 4809:
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CONGRESSIONAL RECORD, Vol. 160 (2014):
            July 29, considered and passed House.
            Sept. 17, considered and passed Senate.

                                  <all>