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50 U.S.C. § 4552 — Reports on exercise of authorities

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4552 — Reports on exercise of authorities

**(a) In general** The President, or the head of an agency to which the President has delegated authorities under this subchapter, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities— (1) except as provided by paragraph (2), not later than 30 days after taking the action; and (2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action. **(b) Elements** (1) **In general** — Each report and briefing required by subsection (a) with respect to an action described in that subsection shall include— (A) a justification of the necessity of the use of authorities under this subchapter; and (B) a description of the financial terms of any related financial transaction. (2) **Additional elements relating to business concerns in the United Kingdom or Australia** — Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)— (A) a certification that business concerns in the United States or Canada were not available with respect to the action; and (B) an analysis of why such business concerns were not available. **(c) Appropriate congressional committees defined** In this section, the term “appropriate congressional committees” means— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and (2) in the case of an action described in subsection (a) involving materials critical to national security (as defined in [section 4552(7)(B)(ii)(II)(bb) of this title](https://usco

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Stable record: federal_law:legal_authorities:record_usc_218ab2267339a1527db7cdf5
Source file: Laws/federal/codes/united-states-code/title-50/section-4552-reports-on-exercise-of-authorities--769a7a753e.md
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Source location: Title 50, Chapter 55, § 4552; chapter-055-defense-production.md

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4568 — Prohibition on purchase of United States defense contractors by entities controlled by foreign governments

**(a) In general** No entity controlled by a foreign government may merge with, acquire, or take over a company engaged in interstate commerce in the United States that— (1) is performing a Department of Defense contract, or a Department of Energy contract under a national security program, that cannot be performed satisfactorily unless that company is given access to information in a proscribed category of information; or (2) during the previous fiscal year, was awarded— (A) Department of Defense prime contracts in an aggregate amount in excess of $500,000,000; or (B) Department of Energy prime contracts under national security programs in an aggregate amount in excess of $500,000,000. **(b) Inapplicability to certain cases** The limitation in subsection (a) shall not apply if a merger, acquisition, or takeover is not suspended or prohibited pursuant to [section 4565 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4565&num=0&edition=prelim). **(c) Definitions** In this section: (1) The term “entity controlled by a foreign government” includes— (A) any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; and (B) any individual acting on behalf of a foreign government, as determined by the President. (2) The term “proscribed category of information” means a category of information that— (A) with respect to Department of Defense contracts— (i) includes special access information; (ii) is determined by the Secretary of Defense to include information the disclosure of which to an entity controlled by a foreign government is not in the national security interests of the United States; and (iii) is defined in regulations prescribed by th

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4555 — Civilian personnel

Any officer or agency head may— (1) appoint civilian personnel without regard to [section 5331(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5331/b&num=0&edition=prelim) and without regard to the provisions of title 5 governing appointments in the competitive service; and (2) fix the rate of basic pay for such personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule, as the President deems appropriate to carry out this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 98e–2 — Multiyear procurement authority for domestically processed critical minerals

**(a) Authority for multiyear procurement** Subject to [section 3501 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3501&num=0&edition=prelim) and from amounts made available by discretionary appropriations Acts from the National Defense Stockpile Transaction Fund (as established under section 9(a) of the Strategic and Critical Materials Stock Piling Act ([50 U.S.C. 98h(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98h/a&num=0&edition=prelim))) after December 22, 2023, the Secretary of Defense may enter into one or more multiyear contracts for the procurement of critical minerals that are processed in the United States by domestic sources. **(b) Application of Strategic and Critical Materials Stock Piling Act** A multiyear contract entered into under this section shall be deemed to be an acquisition under the Strategic and Critical Materials Stock Piling Act ([50 U.S.C. 98](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98&num=0&edition=prelim) et seq.). **(c) Authority for advance procurement** The Secretary of Defense may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the domestically processed critical minerals for which authorization to enter into a multiyear procurement contract is provided under subsection (a). **(d) Condition for out-year contract payments** A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. **(e) Definitions** In this section: (1) The term “critical miner

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4552 — Definitions

Page 1122 TITLE 50—WAR AND NATIONAL DEFENSE § 4551 SUBCHAPTER III—GENERAL PROVISIONS Editorial Notes CODIFICATION Subchapter is comprised of the portions of title VII of act Sept. 8, 1950, ch. 932, as amended, that had not pre- viously been repealed when title VII was editorially re- classified as this subchapter. § 4551. Small business (a) Participation Small business concerns shall be given the maximum practicable opportunity to partici- pate as contractors, and subcontractors at var- ious tiers, in all programs to maintain and strengthen the Nation’s industrial base and technology base undertaken pursuant to this chapter. (b) Administration of chapter In administering the programs, implementing regulations, policies, and procedures under this chapter, requests, applications, or appeals from small business concerns shall, to the maximum extent practicable, be expeditiously handled. (c) Advisory committee participation Representatives of small business concerns shall be afforded the maximum opportunity to participate in such advisory committees as may be established pursuant to this chapter. (d) Information Information about this chapter and activities undertaken in accordance with this chapter shall be made available to small business con- cerns. (e) Allocations under section 4511 Whenever the President makes a determina- tion to exercise any authority to allocate any material pursuant to section 4511 of this title, small business concerns shall be accorded, to the extent practicable, a fair share of such material, in proportion to the share received by such busi- ness concerns under normal conditions, giving such special consideration as may be possible to emerging small business concerns. (Sept. 8, 1950, ch. 932, title VII, § 701, 64

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