50 U.S.C. § 4551 — Small business

Page 1122 TITLE 50—WAR AND NATIONAL DEFENSE § 4551 SUBCHAPTER III—GENERAL PROVISIONS Editorial Notes CODIFICATION Subchapter is comprised of the portions of title VII of act Sept. 8, 1950, ch. 932, as amended, that had not pre- viously been repealed when title VII was editorially re- classified as this subchapter. § 4551. Small business (a) Participation Small business concerns shall be given the maximum practicable opportunity to partici- pate as contractors, and subcontractors at var- ious 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 con- cerns. (e) Allocations under section 4511 Whenever the President makes a determina- tion to exercise any authority to allocate any material pursuant to section 4511 of this title, small business concerns shall be accorded, to the extent practicable, a fair share of such material, in proportion to the share received by such busi- ness concerns under normal conditions, giving such special consideration as may be possible to emerging small business concerns. (Sept. 8, 1950, ch. 932, title VII, § 701, 64 Stat. 815; July 31, 1951, ch. 275, title I, § 108, 65 Stat. 138; June 30, 1953, ch. 171, § 7, 67 Stat. 130; Aug. 9, 1955, ch. 655, §§ 4, 5, 69 Stat. 580; Pub. L. 96–294, title I, § 105(c), June 30, 1980, 94 Stat. 633; Pub. L. 102–558, title I, § 131, Oct. 28, 1992, 106 Stat. 4209.) 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 2151 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1992—Pub. L. 102–558 amended section generally, sub- stituting present provisions for provisions stating pol- icy to encourage small business enterprises and pro- viding for measures to carry out this policy, for alloca- tion of materials in the civilian market, and for dis- tribution of defense contracts. 1980—Subsec. (d). Pub. L. 96–294 substituted ‘‘June 30, 1980’’ for ‘‘August 9, 1955’’. 1955—Subsec. (c). Act Aug. 9, 1955, § 4, struck out spe- cific dates which were the basis for determination of materials in civilian market and inserted provisions re- quiring that a business receive its fair share based on a representative period before imposition of the alloca- tion. Subsec. (d). Act Aug. 9, 1955, § 5, added subsec. (d). 1953—Subsec. (c). Act June 30, 1953, amended subsec. (c) generally, the principal change being to provide, in the allocation to business of a fair share of available ci- vilian supply, a new base period for allocating mate- rials not under control on July 1, 1953. 1951—Subsec. (c). Act July 31, 1951, provided that lim- itations and restrictions on production of specific items shall not exclude new concerns. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–558 deemed to have be- come effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–294 effective June 30, 1980, see section 107 of Pub. L. 96–294, set out as a note under section 4502 of this title. EFFECTIVE DATE OF 1955 AMENDMENT Amendment by act Aug. 9, 1955, effective as of close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a note under section 4502 of this title. Executive Documents DELEGATION OF FUNCTIONS Authority of President to implement this chapter under this subchapter with respect 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 Security, see section 2(a) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title. Authority of President to implement this chapter under this subchapter with respect to hoarding of health and medical resources necessary to respond to the spread of COVID–19 within the United States dele- gated to Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001, set out as a note under section 4512 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. For delegation of certain authority of President under this subchapter, see section 802 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16659, set out as a note under section 4553 of this title. § 4552. Definitions For purposes of this chapter, the following definitions shall apply: (1) Critical component The term ‘‘critical component’’ includes such components, subsystems, systems, and