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50 U.S.C. § 4553 — Small business

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.

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Source file: Laws/federal/codes/united-states-code/title-50/section-4553-small-business--d5cc82ba70.md
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Source location: Title 50, Chapter 55, § 4553; chapter-055-defense-production.md

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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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15 U.S.C. § 761 — Congressional declaration of purpose

**(a) Objectives** The Congress hereby declares that the general welfare and the common defense and security require positive and effective action to conserve scarce energy supplies, to insure fair and efficient distribution of, and the maintenance of fair and reasonable consumer prices for, such supplies, to promote the expansion of readily usable energy sources, and to assist in developing policies and plans to meet the energy needs of the Nation. **(b) Necessity for reorganization** The Congress finds that to help achieve these objectives, and to assure a coordinated and effective approach to overcoming energy shortages, it is necessary to reorganize certain agencies and functions of the executive branch and to establish a Federal Energy Administration. **(c) Creation of Federal Energy Administration** The sole purpose of this chapter is to create an administration in the executive branch, called the Federal Energy Administration, to vest in the Administration certain functions as provided in this chapter, and to transfer to such Administration certain executive branch functions authorized by other laws, where such transfer is necessary on an interim basis to deal with the Nation’s energy shortages.

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50 U.S.C. § 4502 — Definitions

In this subchapter: (1) **Appropriate congressional committees** — Except as provided in [section 4584(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4584/d&num=0&edition=prelim), the term “appropriate congressional committees” means— (A) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate. (2) **Country of concern** — The term “country of concern” means— (A) the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions; (B) the Republic of Cuba; (C) the Islamic Republic of Iran; (D) the Democratic People’s Republic of Korea; (E) the Russian Federation; and (F) the Bolivarian Republic of Venezuela under the regime of Nicolas Maduro Moros. (3) **Covered foreign person** — Subject to regulations prescribed in accordance with this subchapter, the term “covered foreign person” means a foreign person that— (A) is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern; (B) is a member of the Central Committee of the Chinese Communist Party or is a member of the political leadership of a country of concern; (C) is subject to the direction or control of a country of concern, as defined by regulation, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof); or (D) is owned in the aggregate, directly or indirectly, 50 percent or more by a country of concern, an entity described in subparagraph

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50 U.S.C. § 4511 — Short title

This chapter, divided into subchapters, may be cited as “the Defense Production Act of 1950”.

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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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30 U.S.C. § 1601 — Congressional statement of findings; “materials” defined

**(a)** The Congress finds that— (1) the availability of materials is essential for national security, economic well-being, and industrial production; (2) the availability of materials is affected by the stability of foreign sources of essential industrial materials, instability of materials markets, international competition and demand for materials, the need for energy and materials conservation, and the enhancement of environmental quality; (3) extraction, production, processing, use, recycling, and disposal of materials are closely linked with national concerns for energy and the environment; (4) the United States is strongly interdependent with other nations through international trade in materials and other products; (5) technological innovation and research and development are important factors which contribute to the availability and use of materials; (6) the United States lacks a coherent national materials policy and a coordinated program to assure the availability of materials critical for national economic well-being, national defense, and industrial production, including interstate commerce and foreign trade; and (7) notwithstanding the enactment of [section 21a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section21a&num=0&edition=prelim), the United States does not have a coherent national materials and minerals policy. **(b) Definitions.—** In this chapter: (1) **Critical mineral.—** — The term “critical mineral” means any mineral, element, substance, or material designated as critical by the Secretary under [section 1606(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1606/c&num=0&edition=prelim). (2) **Materials.—** — The term “materials” means substances, inc

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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

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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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50 U.S.C. § 4516 — Limitation on actions without congressional authorization

**(a) Wage or price controls** No provision of this chapter shall be interpreted as providing for the imposition of wage or price controls without the prior authorization of such action by a joint resolution of Congress. **(b) Chemical or biological weapons** No provision of this subchapter shall be exercised or interpreted to require action or compliance by any private person to assist in any way in the production of or other involvement in chemical or biological warfare capabilities, unless authorized by the President (or the President’s designee who is serving in a position at level I of the Executive Schedule in accordance with [section 5312 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5312&num=0&edition=prelim)) without further redelegation.

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

50 U.S.C. § 4531 — Strengthening domestic capability

**(a) In general** Utilizing the authority of subchapter II of this chapter or any other provision of law, the President may provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States. **(b) Critical components and critical technology items** (1) **Maintenance of reliable sources of supply** — The President shall take appropriate actions to assure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency. (2) **Appropriate action** — For purposes of this subsection, appropriate action may include— (A) restricting contract solicitations to reliable sources; (B) restricting contract solicitations to domestic sources pursuant to— (i) section 3203(a)(1)(B) or 3204(a)(3) of title 10; (ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41; or (iii) other statutory authority; (C) stockpiling critical components; and (D) developing substitutes for a critical component or a critical technology item.

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