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.
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
; and
by striking on or after the date of enactment of the Defense Production Act Reauthorization of 2009
.
Defense Production Act Committee improvements
Section 722 of the Defense Production Act of 1950 (50 U.S.C. App. 2171) is amended—
in subsection (a)—
by striking advise the President
and inserting coordinate and plan for
; and
by striking the authority
and inserting the priorities and allocations authorities
;
in subsection (b), by amending paragraph (2) to read as follows:
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.
;
by amending subsection (c) to read as follows:
Coordination of Committee activities
The Chairperson shall appoint one person to coordinate all of the activities of the Committee, and such person shall—
be a full-time employee of the Federal Government;
report to the Chairperson; and
carry out such activities relating to the Committee as the Chairperson may determine appropriate.
; and
in subsection (d)—
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
;
by striking each member of the Committee
and inserting the Chairperson
;
in paragraph (1)—
by striking a review of the authority under this Act of
and inserting a description of the contingency planning by
; and
by inserting before the semicolon the following: for events that might require the use of the priorities and allocations authorities
;
in paragraph (2), by striking authority described in paragraph (1)
and inserting priorities and allocations authorities in this Act
;
by amending paragraph (3) to read as follows:
recommendations for legislation actions, as appropriate, to support the effective use of the priorities and allocations authorities in this Act;
;
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
by adding at the end the following:
up-to-date copies of the rules described under section 101(d)(1); and
short attestations signed by each member of the Committee stating their concurrence in the report.
.
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
.
Presidential determination
In general
Section 303(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2093(a)) is amended—
in paragraph (5)—
by striking determines
and inserting the following: , on a non-delegable basis, determines, with appropriate explanatory material and in writing,
;
in subparagraph (A), by striking and
at the end;
in subparagraph (B), by striking the period and inserting ; and
; and
by adding at the end the following:
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
in paragraph (6), by adding at the end the following:
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.
.
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.
Authorization of appropriations
Section 711 of the Defense Production Act of 1950 (50 U.S.C. App. 2161) is amended—
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
by striking the second and third sentences.
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.