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50 U.S.C. § 4512 — Declaration of policy

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

50 U.S.C. § 4512 — Declaration of policy

**(a) Findings** Congress finds that— (1) the security of the United States is dependent on the ability of the domestic industrial base to supply materials and services for the national defense and to prepare for and respond to military conflicts, natural or man-caused disasters, or acts of terrorism within the United States; (2) to ensure the vitality of the domestic industrial base, actions are needed— (A) to promote industrial resources preparedness in the event of domestic or foreign threats to the security of the United States; (B) to support continuing improvements in industrial efficiency and responsiveness; (C) to provide for the protection and restoration of domestic critical infrastructure operations under emergency conditions; and (D) to respond to actions taken outside of the United States that could result in reduced supplies of strategic and critical materials, including energy, necessary for national defense and the general economic well-being of the United States; (3) in order to provide for the national security, the national defense preparedness effort of the United States Government requires— (A) preparedness programs to respond to both domestic emergencies and international threats to national defense; (B) measures to improve the domestic industrial base for national defense; (C) the development of domestic productive capacity to meet— (i) essential national defense needs that can result from emergency conditions; and (ii) unique technological requirements; and (D) the diversion of certain materials and facilities from ordinary use to national defense purposes, when national defense needs cannot otherwise be satisfied in a timely fashion; (4) to meet the requirements referred to in this subsection, this chapter p

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Source file: Laws/federal/codes/united-states-code/title-50/section-4512-declaration-of-policy--fa870e210c.md
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Source location: Title 50, Chapter 55, § 4512; chapter-055-defense-production.md

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**(a) Findings** Congress finds that— (1) the security of the United States is dependent on the ability of the domestic industrial base to supply materials and services for the national defense and to prepare for and respond to military conflicts, natural or man-caused disasters, or acts of terrorism within the United States; (2) to ensure the vitality of the domestic industrial base, actions are needed— (A) to promote industrial resources preparedness in the event of domestic or foreign threats to the security of the United States; (B) to support continuing improvements in industrial efficiency and responsiveness; (C) to provide for the protection and restoration of domestic critical infrastructure operations under emergency conditions; and (D) to respond to actions taken outside of the United States that could result in reduced supplies of strategic and critical materials, including energy, necessary for national defense and the general economic well-being of the United States; (3) in order to provide for the national security, the national defense preparedness effort of the United States Government requires— (A) preparedness programs to respond to both domestic emergencies and international threats to national defense; (B) measures to improve the domestic industrial base for national defense; (C) the development of domestic productive capacity to meet— (i) essential national defense needs that can result from emergency conditions; and (ii) unique technological requirements; and (D) the diversion of certain materials and facilities from ordinary use to national defense purposes, when national defense needs cannot otherwise be satisfied in a timely fashion; (4) to meet the requirements referred to in this subsection, this chapter provides the President with an array of authorities to shape national defense preparedness programs and to take appropriate steps to maintain and enhance the domestic industrial base; (5) in order to ensure national defense preparedness, it is necessary and appropriate to assure the availability of domestic energy supplies for national defense needs; (6) to further assure the adequate maintenance of the domestic industrial base, to the maximum extent possible, domestic energy supplies should be augmented through reliance on renewable energy sources (including solar, geothermal, wind, and biomass sources), more efficient energy storage and distribution technologies, and energy conservation measures; (7) much of the industrial capacity that is relied upon by the United States Government for military production and other national defense purposes is deeply and directly influenced by— (A) the overall competitiveness of the industrial economy of the United States; and (B) the ability of industries in the United States, in general, to produce internationally competitive products and operate profitably while maintaining adequate research and development to preserve competitiveness with respect to military and civilian production; and (8) the inability of industries in the United States, especially smaller subcontractors and suppliers, to provide vital parts and components and other materials would impair the ability to sustain the Armed Forces of the United States in combat for longer than a short period. **(b) Statement of policy** It is the policy of the United States that— (1) to ensure the adequacy of productive capacity and supply, Federal departments and agencies that are responsible for national defense acquisition should continuously assess the capability of the domestic industrial base to satisfy production requirements under both peacetime and emergency conditions, specifically evaluating the availability of adequate production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel; (2) every effort should be made to foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, components, and equipment; (3) plans and programs to carry out the purposes of this chapter should be undertaken with due consideration for promoting efficiency and competition; (4) in providing United States Government financial assistance under this chapter to correct a domestic industrial base shortfall, the President should give consideration to the creation or maintenance of production sources that will remain economically viable after such assistance has ended; (5) authorities under this chapter should be used to reduce the vulnerability of the United States to terrorist attacks, and to minimize the damage and assist in the recovery from terrorist attacks that occur in the United States; (6) in order to ensure productive capacity in the event of an attack on the United States, the United States Government should encourage the geographic dispersal of industrial facilities in the United States to discourage the concentration of such productive facilities within limited geographic areas that are vulnerable to attack by an enemy of the United States; (7) to ensure that essential national defense requirements are met, consideration should be given to stockpiling strategic materials, to the extent that such stockpiling is economical and feasible; and (8) in the construction of any industrial facility owned by the United States Government, in the rendition of any financial assistance by the United States Government for the construction, expansion, or improvement of any industrial facility, and in the production of goods and services, under this chapter or any other provision of law, each department and agency of the United States Government should apply, under the coordination of the Federal Emergency Management Agency, when practicable and consistent with existing law and the desirability for maintaining a sound economy, the principle of geographic dispersal of such facilities in the interest of national defense.

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

50 U.S.C. § 4501 — Exemption from disclosure

**(a) In general** Except as provided in subsection (b), any information or documentary material filed with the Secretary or the Secretary’s designee pursuant to this subchapter shall be exempt from disclosure under [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), and no such information or documentary material may be made public. **(b) Exceptions** Subsection (a) shall not prohibit the disclosure of the following, subject to appropriate confidentiality and classification requirements: (1) Information relevant to any administrative or judicial action or proceeding. (2) Information to Congress or any duly authorized committee or subcommittee of Congress. (3) Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements. (4) Identity of a covered foreign person in the public database described in [section 4585 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4585&num=0&edition=prelim). (5) Information that the parties have consented to be disclosed to third parties. (6) Information gathered by the Secretary or the Secretary’s designee where the disclosure is determined to be in the national security interest, which may include publication of anonymized data.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4501

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

42 U.S.C. § 247d–6b — Strategic National Stockpile and security countermeasure procurements

**(a) Strategic National Stockpile** (1) **In general** — The Secretary, in collaboration with the Assistant Secretary for Preparedness and Response and the Director of the Centers for Disease Control and Prevention, and in coordination with the Secretary of Homeland Security (referred to in this section as the “Homeland Security Secretary”), shall maintain a stockpile or stockpiles of drugs, vaccines and other biological products, medical devices, and other supplies (including personal protective equipment, ancillary medical supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, medical devices, and diagnostic tests in the stockpile) in such numbers, types, and amounts as are determined consistent with [section 300hh–10 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh-10&num=0&edition=prelim) by the Secretary to be appropriate and practicable, taking into account other available sources, to provide for and optimize the emergency health security of the United States, including the emergency health security of children and other vulnerable populations, in the event of a bioterrorist attack or other public health emergency and, as informed by existing recommendations of, or consultations with, the Public Health Emergency Medical Countermeasure Enterprise established under [section 300hh–10a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh-10a&num=0&edition=prelim), make necessary additions or modifications to the contents of such stockpile or stockpiles based on the review conducted under paragraph (2). (2) **Threat-based review** (A) *In general* — The Secretary shall conduct an annual threat-based review

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d–6b

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

42 U.S.C. § 300hh–3 — Office of Pandemic Preparedness and Response Policy

**(a) In general** There is established in the Executive Office of the President an Office of Pandemic Preparedness and Response Policy (referred to in this section as the “Office”), which shall be headed by a Director (referred to in this section as the “Director”) appointed by the President and who shall be compensated at the rate provided for level II of the Executive Schedule in [section 5313 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim). The President is authorized to appoint not more than 2 Associate Directors, who shall be compensated at a rate not to exceed that provided for level III of the Executive Schedule in section 5314 of such title. Associate Directors shall perform such functions as the Director may prescribe. **(b) Functions of the Director** The primary function of the Director is to provide advice, within the Executive Office of the President, on policy related to preparedness for, and response to, pandemic and other biological threats that may impact national security, and support strategic coordination and communication with respect to relevant activities across the Federal Government. In addition to such other functions and activities as the President may assign, the Director, consistent with applicable laws and the National Response Framework, shall— (1) serve as the principal advisor to the President on all matters related to pandemic preparedness and response policy and make recommendations to the President regarding pandemic and other biological threats that may impact national security; (2) coordinate Federal activities to prepare for, and respond to, pandemic and other biological threats, by— (A) providing strategic direction to the heads of applicable Federal departme

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300hh–3

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

50 U.S.C. § 4513 — Priority in contracts and orders

**(a) Allocation of materials, services, and facilities** The President is hereby authorized (1) to require that performance under contracts or orders (other than contracts of employment) which he deems necessary or appropriate to promote the national defense shall take priority over performance under any other contract or order, and, for the purpose of assuring such priority, to require acceptance and performance of such contracts or orders in preference to other contracts or orders by any person he finds to be capable of their performance, and (2) to allocate materials, services, and facilities in such manner, upon such conditions, and to such extent as he shall deem necessary or appropriate to promote the national defense. **(b) Critical and strategic materials** The powers granted in this section shall not be used to control the general distribution of any material in the civilian market unless the President finds (1) that such material is a scarce and critical material essential to the national defense, and (2) that the requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship. **(c) Domestic energy; materials, equipment, and services** (1) Notwithstanding any other provision of this chapter, the President may, by rule or order, require the allocation of, or the priority performance under contracts or orders (other than contracts of employment) relating to, materials, equipment, and services in order to maximize domestic energy supplies if he makes the findings required by paragraph (3) of this subsection. (2) The authority granted by this subsection may not be used to require prior

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4513

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

50 U.S.C. § 4553 — Small business

**(a) Participation** Small business concerns shall be given the maximum practicable opportunity to participate as contractors, and subcontractors at various 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 concerns. **(e) Allocations under section 4511** Whenever the President makes a determination to exercise any authority to allocate any material pursuant to [section 4511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4511&num=0&edition=prelim), small business concerns shall be accorded, to the extent practicable, a fair share of such material, in proportion to the share received by such business concerns under normal conditions, giving such special consideration as may be possible to emerging small business concerns.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4553

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

50 U.S.C. § 4556 — Regulations and orders

**(a) In general** Subject to [section 4559 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4559&num=0&edition=prelim) and subsection (b), the President may prescribe such regulations and issue such orders as the President may determine to be appropriate to carry out this chapter. **(b) Procurement regulations** Any procurement regulation, procedure, or form issued pursuant to subsection (a) shall be issued pursuant to section 25 of the Office of Federal Procurement Policy Act [now [41 U.S.C. 1302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1302&num=0&edition=prelim), 1303], and shall conform to any governmentwide procurement policy or regulation issued pursuant to section 6 or 25 of that Act [see [41 U.S.C. 1121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1121&num=0&edition=prelim) et seq., 1302, 1303].

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4556

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

50 U.S.C. § 4557 — Investigations; records; reports; subpoenas; right to counsel

**(a) Authority of President to obtain information; enforcement of subpoenas** The President shall be entitled, while this chapter is in effect and for a period of two years thereafter, by regulation, subpoena, or otherwise, to obtain such information from, require such reports and the keeping of such records by, make such inspection of the books, records, and other writings, premises or property of, and take the sworn testimony of, and administer oaths and affirmations to, any person as may be necessary or appropriate, in his discretion, to the enforcement or the administration of this chapter and the regulations or orders issued thereunder. The authority of the President under this section includes the authority to obtain information in order to perform industry studies assessing the capabilities of the United States industrial base to support the national defense. The President shall issue regulations insuring that the authority of this subsection will be utilized only after the scope and purpose of the investigation, inspection, or inquiry to be made have been defined by competent authority, and it is assured that no adequate and authoritative data are available from any Federal or other responsible agency. In case of contumacy by, or refusal to obey a subpoena served upon, any person referred to in this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the President, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof. **(b) Production of documentary evidence; reimbursement of wit

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4557

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

50 U.S.C. § 4558 — Jurisdiction of courts; injunctions; venue; process; effect of termination of provisions

**(a)** Whenever in the judgment of the President any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter, he may make application to the appropriate court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the President that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, restraining order, or other order, with or without such injunction or restraining order, shall be granted without bond. **(b)** The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this chapter or any rule, regulation, order, or subpena thereunder, and of all civil actions under this chapter to enforce any liability or duty created by, or to enjoin any violation of, this chapter or any rule, regulation, order, or subpena thereunder. Any criminal proceeding on account of any such violation may be brought in any district in which any act, failure to act, or transaction constituting the violation occurred. Any such civil action may be brought in any such district or in the district in which the defendant resides or transacts business. Process in such cases, criminal or civil, may be served in any district wherein the defendant resides or transacts business or wherever the defendant may be found; the subpena for witnesses who are required to attend a court in any district in such case may run into any other district. The termination of the authority granted in any subchapter or section of this chapter, or of any rule, regulation, or ord

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4558

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

50 U.S.C. § 4562 — Employment of personnel; appointment policies; nucleus executive reserve; use of confidential information by employees; printing and distribution of reports

**(a) Repealed. June 28, 1955, ch. 189, § 12(c)(1), 69 Stat. 180** **(b) Presidential appointments** (1) The President is further authorized, to the extent he deems it necessary and appropriate in order to carry out the provisions of this chapter and subject to such regulations as he may issue, to employ persons of outstanding experience and ability without compensation; (2) The President shall be guided in the exercise of the authority provided in this subsection by the following policies: (i) So far as possible, operations under this chapter shall be carried on by full-time, salaried employees of the Government, and appointments under this authority shall be to advisory or consultative positions only. (ii) Appointments to positions other than advisory or consultative may be made under this authority only when the requirements of the position are such that the incumbent must personally possess outstanding experience and ability not obtainable on a full-time, salaried basis. (3) Appointees under this subsection shall, when policy matters are involved, be limited to advising appropriate full-time salaried Government officials who are responsible for making policy decisions. (4) Appointments under this subsection shall be supported by written certification by the head of the employing department or agency— (i) that the appointment is necessary and appropriate in order to carry out the provisions of this chapter; (ii) that the duties of the position to which the appointment is being made require outstanding experience and ability; (iii) that the appointee has the outstanding experience and ability required by the position; and (iv) that the department or agency head has been unable to obtain a person with the qualifications necessary for the position

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4562

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

50 U.S.C. § 4512 — Hoarding of designated scarce materials

Page 1110 TITLE 50—WAR AND NATIONAL DEFENSE § 4512 propriate to promote the national defense, and to im- plement the Act in subchapter III [50 U.S.C. 4551 et seq.] of chapter 55 of title 50, United States Code (50 U.S.C. 4554, 4555, 4556, 4559, 4560), is delegated to the Secretary of Health and Human Services with respect to all health resources, including the ingredients nec- essary to manufacture infant formula. (b) The Secretary of Health and Human Services may use the authority under section 101 of the Act to deter- mine, in consultation with the Secretary of Agriculture and the heads of other executive departments and agen- cies as appropriate, the proper nationwide priorities and allocation of all ingredients necessary to manufac- ture infant forumla [sic], including controlling the dis- tribution of such materials (including applicable serv- ices) in the civilian market, for responding to the shortage of infant formula within the United States. You are authorized and directed to publish this deter- mination in the Federal Register. J.R. BIDEN, JR. § 4512. Hoarding of designated scarce materials In order to prevent hoarding, no person shall accumulate (1) in excess of the reasonable de- mands of business, personal, or home consump- tion, or (2) for the purpose of resale at prices in excess of prevailing market prices, materials which have been designated by the President as scarce materials or materials the supply of which would be threatened by such accumula- tion. The President shall order published in the Federal Register, and in such other manner as he may deem appropriate, every designation of materials the accumulation of which is unlawful and any withdrawal of such designation. In mak- ing such designations the President may pre- scrib

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4512

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