(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.)
(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.
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.
(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).
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.
(Sec. 3) Requires federal agencies delegated defense production authority to review such rules annually and make updates whenever appropriate.
(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.
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.
(Sec. 5) Authorizes specified appropriations.
[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>
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Mr. Campbell moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7002-7004)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4809.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H7024)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 386 - 32 (Roll no. 464).(text: CR H7002)
Roll Call #464 (House)Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 386 - 32 (Roll no. 464). (text: CR H7002)
Roll Call #464 (House)Enacted as Public Law 113-172
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Received in the Senate, read twice.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S5720)
Passed Senate without amendment by Unanimous Consent. (consideration: CR S5720)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 113-172.
Became Public Law No: 113-172.