Public Law 113-172 | Public Law 113–172: To reauthorize the Defense Production Act, to improve the Defense Production Act Committee, and for other purposes.

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PUBLIC LAW 113–172—SEPT. 26, 2014

DEFENSE PRODUCTION REAUTHORIZATION

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.

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)

striking

“2014” and

inserting

“2019”; and

(2)

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)

striking

“advise the President” and

inserting

“coordinate and plan for”; and

(B)

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)

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)

striking

“Not later than” and all that follows through “Committee shall submit” and

inserting

the following:

Reports.

“The Committee shall issue a report each year by March 31”;

(B)

striking

“each member of the Committee” and

inserting

“the Chairperson”;

(C)

in paragraph (1)—128 STAT. 1897

(i)

striking

“a review of the authority under this Act of” and

inserting

“a description of the contingency planning by”; and

(ii)

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)

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)

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

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)

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)

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)

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.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)

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)

striking

the second and third sentences.

Approved September 26, 2014.

LEGISLATIVE HISTORY—H.R. 4809:

CONGRESSIONAL RECORD, Vol. 160 (2014):

July 29, considered and passed House.

Sept. 17, considered and passed Senate.

○

Public Law 113–172: To reauthorize the Defense Production Act, to improve the Defense Production Act Committee, and for other purposes.

REAUTHORIZATION.

DEFENSE PRODUCTION ACT COMMITTEE IMPROVEMENTS.

Coordination of Committee Activities.—

UPDATED RULEMAKING.

PRESIDENTIAL DETERMINATION.

In General.—

Limitation.—

Exception.—

AUTHORIZATION OF APPROPRIATIONS.

LEGISLATIVE HISTORY—H.R. 4809:

CONGRESSIONAL RECORD, Vol. 160 (2014):

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