[United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


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. <>

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: <>  ``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 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) <>  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 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.