{ "id": "R43118", "type": "CRS Report", "typeId": "REPORTS", "number": "R43118", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 435096, "date": "2014-08-25", "retrieved": "2016-04-06T22:54:22.874936", "title": "The Defense Production Act of 1950, Before Passage of P.L. 113-172", "summary": "The Defense Production Act (DPA) of 1950 (P.L. 81-774, 50 U.S.C. Appx \u00a72061 et seq.), as amended, confers upon the President a broad set of authorities to influence domestic industry in the interest of national defense. The authorities can be used across the federal government to shape the domestic industrial base so that, when called upon, it is capable of providing essential materials and goods needed for the national defense.\nThough initially passed in response to the Korean War, the DPA is historically based on the War Powers Acts of World War II. Gradually, Congress has expanded the term national defense, as defined in the DPA, so that it now includes activities related to homeland security and domestic emergency management. The scope of DPA authorities extends beyond shaping U.S. military preparedness and capabilities, as the authorities may also be used to enhance and support domestic preparedness, response, and recovery from natural hazards, terrorist attacks, and other national emergencies.\nThe current authorities of the DPA include, but are not limited to:\nTitle I: Priorities and Allocations, which allows the President to require persons (including businesses and corporations) to prioritize and accept contracts for materials and services as necessary to promote the national defense.\nTitle III: Expansion of Productive Capacity and Supply, which allows the President to incentivize the domestic industrial base to expand the production and supply of critical materials and goods. Authorized incentives include loans, loan guarantees, direct purchases and purchase commitments, and the authority to procure and install equipment in private industrial facilities.\nTitle VII: General Provisions, which includes key definitions for the DPA and several distinct authorities, including the authority to establish voluntary agreements with private industry; the authority to block proposed or pending foreign corporate mergers, acquisitions, or takeovers that threaten national security; and the authority to employ persons of outstanding experience and ability and to establish a volunteer pool of industry executives who could be called to government service in the interest of the national defense.\nThe authorities of the DPA are generally afforded to the President in statute. The President, in turn, has delegated these authorities to department and agency heads in Executive Order 13603, National Defense Resource Preparedness, issued in 2012. While the authorities are most frequently used by, and commonly associated with, the Department of Defense, they can be, and have been, used by numerous other executive departments and agencies. The DPA lies within the jurisdiction of the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs.\nNearly all DPA authorities will terminate on September 30, 2014, though a few, such as the Exon-Florio Amendment (which established government review of the acquisition of U.S. companies by foreigners) and anti-trust protections for certain voluntary industry agreements, have been made permanent. Since 1950, the DPA has been reauthorized over 50 times, though significant authorities were terminated from the original law in 1953. Congress last reauthorized the DPA in 2009 (P.L. 111-67, the Defense Production Act Reauthorization of 2009). This reauthorization amended some of the current DPA authorities and extended the termination of the act by five years.\nH.R. 4809, as passed by the House under suspension of the rules on July 29, 2014, would reauthorize the DPA until September 30, 2019. Among other changes, H.R. 4809 would reform the purpose and structure of the Defense Production Act Committee (DPAC), emphasize an existing rulemaking requirement for Title I priorities and allocations authority, and restore several limitations on the President\u2019s Title III authorities that were removed in the Defense Production Act Reauthorization of 2009. The bill would also authorize appropriations for the carrying out of the provisions and purposes of this act in the amount of $133 million every fiscal year beginning in FY2015.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R43118", "sha1": "e94d4547141bd06e36b3635eb077eca012f507ed", "filename": "files/20140825_R43118_e94d4547141bd06e36b3635eb077eca012f507ed.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R43118", "sha1": "63b465de16bf82d80e195b982c760e8d01e5e129", "filename": "files/20140825_R43118_63b465de16bf82d80e195b982c760e8d01e5e129.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc462762/", "id": "R43118_2014Jul28", "date": "2014-07-28", "retrieved": "2014-12-05T09:57:41", "title": "The Defense Production Act of 1950: History, Authorities, and Reauthorization", "summary": "This report examines some of the history of the Defense Production Act of 1950 (DPA), focusing primarily on its creation and most recent legislative reauthorization. It also discusses the foremost active authorities of the DPA.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20140728_R43118_a5108c7978b730344721be058efd8a0947f62e03.pdf" }, { "format": "HTML", "filename": "files/20140728_R43118_a5108c7978b730344721be058efd8a0947f62e03.html" } ], "topics": [ { "source": "LIV", "id": "Product safety", "name": "Product safety" }, { "source": "LIV", "id": "Consumers", "name": "Consumers" }, { "source": "LIV", "id": "Law", "name": "Law" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc332993/", "id": "R43118_2014Jun19", "date": "2014-06-19", "retrieved": "2014-08-27T12:47:05", "title": "The Defense Production Act of 1950: History, Authorities, and Reauthorization", "summary": "This report examines some of the history of the Defense Production Act of 1950 (DPA), focusing primarily on its creation and most recent legislative reauthorization. It also discusses the foremost active authorities of the DPA.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20140619_R43118_b85ea03996baf578cced065090bbe21ca06888d6.pdf" }, { "format": "HTML", "filename": "files/20140619_R43118_b85ea03996baf578cced065090bbe21ca06888d6.html" } ], "topics": [ { "source": "LIV", "id": "Product safety", "name": "Product safety" }, { "source": "LIV", "id": "Consumers", "name": "Consumers" }, { "source": "LIV", "id": "Law", "name": "Law" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc282318/", "id": "R43118_2013Jun14", "date": "2013-06-14", "retrieved": "2014-04-02T19:38:14", "title": "The Defense Production Act of 1950: History, Authorities, and Reauthorization", "summary": "This report examines some of the history of the Defense Production Act of 1950 (DPA), focusing primarily on its creation and most recent legislative reauthorization. It also discusses the foremost active authorities of the DPA.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20130614_R43118_479f373fd2c89a0618c02adbf82172bbe6c11757.pdf" }, { "format": "HTML", "filename": "files/20130614_R43118_479f373fd2c89a0618c02adbf82172bbe6c11757.html" } ], "topics": [ { "source": "LIV", "id": "Product safety", "name": "Product safety" }, { "source": "LIV", "id": "Consumers", "name": "Consumers" }, { "source": "LIV", "id": "Law", "name": "Law" } ] } ], "topics": [ "American Law", "Appropriations", "National Defense" ] }