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

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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Stable record: federal_law:legal_authorities:record_usc_d867ca757f1639125719b0a6
Source file: Laws/federal/codes/united-states-code/title-50/section-4531-strengthening-domestic-capability--d3367b3410.md
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Source location: Title 50, Chapter 55, § 4531; chapter-055-defense-production.md

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

19 U.S.C. § 1862 — Safeguarding national security

**(a) Prohibition on decrease or elimination of duties or other import restrictions if such reduction or elimination would threaten to impair national security** No action shall be taken pursuant to [section 1821(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1821/a&num=0&edition=prelim) or pursuant to [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1351&num=0&edition=prelim) to decrease or eliminate the duty or other import restrictions on any article if the President determines that such reduction or elimination would threaten to impair the national security. **(b) Investigations by Secretary of Commerce to determine effects on national security of imports of articles; consultation with Secretary of Defense and other officials; hearings; assessment of defense requirements; report to President; publication in Federal Register; promulgation of regulations** (1) (A) Upon request of the head of any department or agency, upon application of an interested party, or upon his own motion, the Secretary of Commerce (hereafter in this section referred to as the “Secretary”) shall immediately initiate an appropriate investigation to determine the effects on the national security of imports of the article which is the subject of such request, application, or motion. (B) The Secretary shall immediately provide notice to the Secretary of Defense of any investigation initiated under this section. (2) (A) In the course of any investigation conducted under this subsection, the Secretary shall— (i) consult with the Secretary of Defense regarding the methodological and policy questions raised in any investigation initiated under paragraph (1), (ii) seek informatio

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

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

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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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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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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10 U.S.C. § 4811 — National security strategy for national technology and industrial base

**(a) National Security Strategy for National Technology and Industrial Base.—** The Secretary of Defense shall develop a national security strategy for the national technology and industrial base. The Secretary shall submit such strategy to Congress as an integrated part of the report submitted under [section 4814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4814&num=0&edition=prelim). Such strategy shall be based on a prioritized assessment of risks and challenges to the defense supply chain and shall ensure that the national technology and industrial base is capable of achieving the following national security objectives: (1) Supplying, equipping, and supporting the force structure of the armed forces that is necessary to achieve— (A) the objectives set forth in the national security strategy report submitted to Congress by the President pursuant to section 108 of the National Security Act of 1947 ([50 U.S.C. 3043](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3043&num=0&edition=prelim)); (B) the policy guidance of the Secretary of Defense provided pursuant to [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim); and (C) the future-years defense program submitted to Congress by the Secretary of Defense pursuant to [section 221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section221&num=0&edition=prelim). (2) Sustaining production, maintenance, repair, logistics, and other activities in support of military operations of various durations and intensity. (3) Maintaining advanced research and development activities to provide the armed forces with systems capable of

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

15 U.S.C. § 4658 — Defense Production Act of 1950 efforts

**(a) In general** Not later than 180 days after January 1, 2021, the President shall submit to Congress a report on a plan of action for any use of authorities available in title III of the Defense Production Act of 1950 ([50 U.S.C. 4531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4531&num=0&edition=prelim) et seq.) to establish or enhance a domestic production capability for microelectronics technologies and related technologies, subject to— (1) the availability of appropriations for that purpose; and (2) a determination made under the plan pursuant to such title III that such technologies are essential to the national defense and that domestic industrial capabilities are insufficient to meet these needs. **(b) Coordination** The President shall develop the plan of action required by subsection (a) in consultation with any relevant head of a Federal agency, an advisory committee established under section 708(d) of the Defense Production Act of 1950 ([50 U.S.C. 4558(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4558/d&num=0&edition=prelim)), and appropriate stakeholders in the private sector.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 4658

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

46 U.S.C. § 50114 — National maritime strategy

**(a) In General.—** The Secretary of Transportation, in consultation with the Secretary of the department in which the Coast Guard is operating and the Commander of United States Transportation Command, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (1) a national maritime strategy; and (2) not less often than once every five years after the submission of such strategy, an update to the strategy. **(b) Contents.—** The strategy required under subsection (a) shall include each of the following: (1) An identification of— (A) international policies and Federal regulations and policies that reduce the competitiveness of United States-documented vessels with foreign vessels in domestic and international transportation markets; and (B) the impact of reduced cargo flow due to reductions in the number of members of the United States Armed Forces stationed or deployed outside of the United States. (2) Recommendations to— (A) make United States-documented vessels more competitive in shipping routes between United States and foreign ports; (B) increase the use of United States-documented vessels to carry cargo imported to and exported from the United States; (C) ensure compliance by Federal agencies with chapter 553; (D) increase the use of short sea transportation routes, including routes designated under section 55601(b), to enhance intermodal freight movements; (E) enhance United States shipbuilding capability; (F) invest in, and identify gaps in, infrastructure needed to facilitate the movement of goods at ports and throughout the transportation system, including innovative physical and information technologies; (G) enha

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 50114

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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. § 4533 — Presidential authorization for the national defense

**(a) Expediting production and deliveries or services** (1) **Authorized activities** — To reduce current or projected shortfalls of industrial resources, critical technology items, or essential materials needed for national defense purposes, subject to such regulations as the President may prescribe, the President may authorize a guaranteeing agency to provide guarantees of loans by private institutions for the purpose of financing any contractor, subcontractor, provider of critical infrastructure, or other person in support of production capabilities or supplies that are deemed by the guaranteeing agency to be necessary to create, maintain, expedite, expand, protect, or restore production and deliveries or services essential to the national defense. (2) **Presidential determinations required** — Except during a period of national emergency declared by Congress or the President, a loan guarantee may be entered into under this section only if the President determines that— (A) the loan guarantee is for an activity that supports the production or supply of an industrial resource, critical technology item, or material that is essential for national defense purposes; (B) without a loan guarantee, credit is not available to the loan applicant under reasonable terms or conditions sufficient to finance the activity; (C) the loan guarantee is the most cost effective, expedient, and practical alternative for meeting the needs of the Federal Government; (D) the prospective earning power of the loan applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed; (E) the loan to be guaranteed bears interest at a rate determined by the Secretary of the Treasury to be reasonable, taking into ac

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