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- scribe such conditions with respect to the accu- mulation of materials in excess of the reason- able demands of business, personal, or home con- sumption as he deems necessary to carry out the objectives of this chapter. This section shall not be construed to limit the authority contained in sections 4511 and 4554 of this title. (Sept. 8, 1950, ch. 932, title I, § 102, 64 Stat. 799; July 31, 1951, ch. 275, title I, § 101(b), 65 Stat. 132.) 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 2072 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1951—Act July 31, 1951, authorized President to pre- scribe conditions and exceptions allowing maintenance of substantial inventories of critical materials in cer- tain cases. Executive Documents DELEGATION OF FUNCTIONS Authorities of President under this section with re- spect to health and medical resources needed to re- spond to the spread of COVID–19 within the United States delegated to Secretary of Homeland Security, see section 4 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 President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of En- ergy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade. EXECUTIVE ORDER NO. 13910 Ex. Ord. No. 13910, Mar. 23, 2020, 85 F.R. 17001, which delegated authority of President under this section to prevent hoarding of health and medical resources nec- essary to respond to the spread of COVID–19 within the United States to the Secretary of Health and Human Services, was revoked by Ex. Ord. No. 14122, § 2, Apr. 12, 2024, 89 F.R. 27355, set out in a note under section 300hh–3 of Title 42, The Public Health and Welfare. § 4513. Penalties Any person who willfully performs any act prohibited, or willfully fails to perform any act required, by the provisions of this subchapter or any rule, regulation, or order thereunder, shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both. (Sept. 8, 1950, ch. 932, title I, § 103, 64 Stat. 799.) TERMINATION OF SECTION For termination of section, see section 4564(a) of this title. Editorial Notes CODIFICATION Section was formerly classified to section 2073 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4514. Limitation on actions without congres- sional authorization (a) Wage or price controls No provision of this chapter shall be inter- preted 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 exer- cised or interpreted to require action or compli- ance by any private person to assist in any way in the production of or other involvement in chemical or biological warfare capabilities, un- less authorized by the President (or the Presi- dent’s designee who is serving in a position at level I of the Executive Schedule in accordance with section 5312 of title 5) without further re- delegation. (Sept. 8, 1950, ch. 932, title I, § 104, as added Pub. L. 102–558, title I, § 112, Oct. 28, 1992, 106 Stat. 4202.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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