50 U.S.C. § 4517 — Strengthening domestic capability

Page 1111 TITLE 50—WAR AND NATIONAL DEFENSE § 4517 1 So in original. Probably should be followed by a comma. complete classification of this Act to the Code, see sec- tion 4501 of this title and Tables. CODIFICATION Section was formerly classified to section 2074 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 104 of act Sept. 8, 1950, ch. 932, title I, as added July 31, 1951, ch. 275, title I, § 101(c), 65 Stat. 132; amended June 30, 1952, ch. 530, § 103, 66 Stat. 297, re- lated to limitations on imports of fats and oils, prior to termination at close of June 30, 1953, pursuant to sec- tion 4564(a) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as an Effective Date of 1992 Amendment note under section 4502 of this title. Executive Documents DELEGATION OF AUTHORITY Authority of President under subsec. (b) of this sec- tion delegated to Secretary of Defense, without author- ity to redelegate, by section 204 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16653, set out as a note under sec- tion 4553 of this title. § 4515. Presidential power to ration gasoline among classes of end-users unaffected Nothing in this chapter shall be construed to authorize the President to institute, without the approval of the Congress, a program for the ra- tioning of gasoline among classes of end-users. (Sept. 8, 1950, ch. 932, title I, § 105, as added Pub. L. 96–294, title I, § 103, June 30, 1980, 94 Stat. 617.) TERMINATION OF SECTION For termination of section, see section 4564(a) of this title. Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables. CODIFICATION Section was formerly classified to section 2075 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective June 30, 1980, see section 107 of Pub. L. 96–294, set out as an Effective Date of 1980 Amend- ment note under section 4502 of this title. § 4516. Designation of energy as a strategic and critical material For purposes of this chapter, ‘‘energy’’ shall be designated as a ‘‘strategic and critical material’’ after June 30, 1980: Provided, That no provision of this chapter shall, by virtue of such designa- tion 1 grant any new direct or indirect authority to the President for the mandatory allocation or pricing of any fuel or feedstock (including, but not limited to, crude oil, residual fuel oil, any refined petroleum product, natural gas, or coal) or electricity or any other form of energy. (Sept. 8, 1950, ch. 932, title I, § 106, as added Pub. L. 96–294, title I, § 103, June 30, 1980, 94 Stat. 617; amended Pub. L. 111–67, § 5, Sept. 30, 2009, 123 Stat. 2009.) TERMINATION OF SECTION For termination of section, see section 4564(a) of this title. Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables. CODIFICATION Section was formerly classified to section 2076 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 2009—Pub. L. 111–67 substituted ‘‘such designation’’ for ‘‘such designation—’’ and ‘‘energy.’’ for ‘‘energy; or’’, struck out par. (1) designation before ‘‘grant any new direct or indirect authority to the President for’’, and struck out par. (2) which read as follows: ‘‘grant any new direct or indirect authority to the President to engage in the production of energy in any manner whatsoever (such as oil and gas exploration and devel- opment, or any energy facility construction), except as expressly provided in sections 305 and 306 [of act Sept. 8, 1950, ch. 932] for synthetic fuel production.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective June 30, 1980, see section 107 of Pub. L. 96–294, set out as an Effective Date of 1980 Amend- ment note under section 4502 of this title. § 4517. Strengthening domestic capability (a) In general Utilizing the authority of subchapter II of this chapter or any other provision of law, the Presi- dent may provide appropriate incentives to de- velop, 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 in- dustrial resources are available from reliable sources when needed to meet defense require- Page 1112 TITLE 50—WAR AND NATIONAL DEFENSE § 4518 ments during peacetime, graduated mobiliza- tion, and national emergency. (2) Appropriate action For purposes of this subsection, appropriate action may include— (A) restricting contract solicitations to re- liable sources; (B) restricting contract solicitations to do- mestic 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. (Sept. 8, 1950, ch. 932, title I, § 107, as added Pub. L. 102–558, title I, § 111, Oct. 28, 1992, 106 Stat. 4201; amended Pub. L. 111–67, § 6, Sept. 30, 2009, 123 Stat. 2009; Pub. L. 117–81, div. A, title XVII, § 1702(k)(4), Dec. 27, 2021, 135 Stat. 2160.) TERMINATION OF SECTION For termination of section, see section 4564(a) of this title. Editorial Notes CODIFICATION Section was formerly classified to section 2077 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. In subsec. (b)(2)(B)(ii), ‘‘section 3303(a)(1)(B) of title 41 or section 3304(a)(3) of title 41’’ substituted for ‘‘section 303(b)(1)(B) or section 303(c)(3) of the Federal Property and Administrative Services Act of 1949’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 2021—Subsec. (b)(2)(B)(i), (ii). Pub. L. 117–81, § 1702(k)(4), which directed the amendment of section 107(b)(2)(B) of the Defense Production Act by adding cls. (i) and (ii) and striking out former cls. (i) and (ii), was executed by making amendments to this section, section 107(b)(2)(B) of the Defense Production Act of 1950, to reflect the probable intent of Congress. Prior to amendment, cls. (i) and (ii) read as follows: ‘‘(i) section 2304(b)(1)(B) or section 2304(c)(3) of title 10; ‘‘(ii) section 3303(a)(1)(B) of title 41 or section 3304(a)(3) of title 41; or’’. 2009—Subsec. (a). Pub. L. 111–67, § 6(1), inserted ‘‘re- store,’’ after ‘‘modernize,’’ and ‘‘materials,’’ after ‘‘items,’’. Subsec. (b). Pub. L. 111–67, § 6(2)(A), (B), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: ‘‘(A) IN GENERAL.—The President, acting through the Secretary of Defense, shall identify critical compo- nents and critical technology items for each item on the Critical Items List of the Commanders-in-Chief of the Unified and Specified Commands and other items within the inventory of weapon systems and defense equipment. ‘‘(B) DEFINITION.—Any component identified as crit- ical by a National Security Assessment conducted pur- suant to section 113(i) of title 10 or by a Presidential determination as a result of a petition filed under sec- tion 1862 of title 19 shall be designated as a critical component for purposes of this chapter, unless the President determines that the designation is unwar- ranted.’’ Subsec. (b)(1). Pub. L. 111–67, § 6(2)(C), substituted ‘‘, critical technology items, essential materials, and industrial resources’’ for ‘‘or critical technology items’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as an Effective Date of 1992 Amendment note under section 4502 of this title. Executive Documents DELEGATION OF FUNCTIONS Authorities of President under this section with re- spect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Secu- rity, see section 4(a) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18404, set out as a note under section 4511 of this title. Functions of the President under this chapter relat- ing to the production, conservation, use, control, dis- tribution, and allocation of energy, delegated to the Secretary of Energy, see section 4 of Ex. Ord. No. 11790, eff. June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade. For delegation of authority of President under sub- secs. (a) and (b)(1) of this section, see sections 310 and 311 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16655, set out as a note under section 4553 of this title. § 4518. Modernization of small business suppliers (a) In general In providing any assistance under this chap- ter, the President shall accord a strong pref- erence for small business concerns which are subcontractors or suppliers, and, to the max- imum extent practicable, to such small business concerns located in areas of high unemployment or areas that have demonstrated a continuing pattern of economic decline, as identified by the Secretary of Labor. (b) Modernization of equipment (1) In general Funds authorized under subchapter II may be used to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of this chapter. (2) Small business suppliers In considering proposals for subchapter II projects under paragraph (1), the President shall provide a strong preference for proposals submitted by a small business supplier or sub- contractor whose proposal— (A) has the support of the department or agency which will provide the guarantee; (B) reflects that the small business con- cern has made arrangements to obtain quali- fied outside assistance to support the effec- tive utilization of the advanced manufac- turing equipment being proposed for instal- lation; and (C) meets the requirements of section 4531, 4532, or 4533 of this title. (Sept. 8, 1950, ch. 932, title I, § 108, as added Pub. L. 102–558, title I, § 111, Oct. 28, 1992, 106 Stat. 4202.)