50 U.S.C. § 4553 — Civilian personnel

Page 1125 TITLE 50—WAR AND NATIONAL DEFENSE § 4553 Par. (14). Pub. L. 111–67, § 8(10), substituted ‘‘military or critical infrastructure assistance to any foreign na- tion, homeland security’’ for ‘‘military assistance to any foreign nation’’. Par. (16). Pub. L. 111–67, § 8(11), added subpars. (C) and (D). Par. (18). Pub. L. 111–67, § 8(2), struck out par. (18). Text read as follows: ‘‘The term ‘small business con- cern owned and controlled by socially and economi- cally disadvantaged individuals’ has the same meaning as in section 637(d)(3)(C) of title 15.’’ 2003—Pars. (3) to (13). Pub. L. 108–195, § 5(1), (2), added par. (3) and redesignated former pars. (3) to (12) as (4) to (13), respectively. Former par. (13) redesignated (14). Par. (14). Pub. L. 108–195, § 5(1), (3), redesignated par. (13) as (14) and inserted ‘‘and critical infrastructure protection and restoration’’ before period at end of last sentence. Former par. (14) redesignated (15). Pars. (15) to (18). Pub. L. 108–195, § 5(1), redesignated pars. (14) to (17) as (15) to (18), respectively. 1994—Par. (13). Pub. L. 103–337 inserted at end ‘‘Such term includes emergency preparedness activities con- ducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act.’’ 1992—Pub. L. 102–558 amended section generally, sub- stituting present provisions for provisions defining terms ‘‘person’’, ‘‘materials’’, ‘‘facilities’’, ‘‘national defense’’, ‘‘wages, salaries, and other compensation’’, and ‘‘defense contractor’’. 1970—Subsec. (d). Pub. L. 91–379, § 102(1), inserted ref- erence to space in definition of national defense. Subsec. (f). Pub. L. 91–379, § 102(2), added subsec. (f). 1953—Subsec. (d). Act June 30, 1953, amended subsec. (d) generally which, among other changes, inserted ref- erences to construction, military assistance to foreign nations and stockpiling, and struck out specific ref- erence to ‘‘operations or activities in connection with the Mutual Defense Assistance Act of 1949, as amend- ed’’. 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. § 4553. Civilian personnel Any officer or agency head may— (1) appoint civilian personnel without regard to section 5331(b) of title 5 and without regard to the provisions of title 5 governing appoint- ments in the competitive service; and (2) fix the rate of basic pay for such per- sonnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, except that no individual so appointed may re- ceive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule, as the President deems appropriate to carry out this chapter. (Sept. 8, 1950, ch. 932, title VII, § 703, 64 Stat. 816; July 31, 1951, ch. 275, title I, § 109(a), (b), 65 Stat. 138; Pub. L. 102–558, title I, § 133, Oct. 28, 1992, 106 Stat. 4212.) 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 2153 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 relating to delegation of Presidential authority, creation of new agencies, appointment and compensation of officers and personnel, and State representation in regional of- fices. 1951—Subsec. (a). Act July 31, 1951, § 109(a), provided that executive head of one agency under this chapter shall be paid at a rate comparable to that paid heads of executive departments. Subsec. (b). Act July 31, 1951, § 109(b), inserted provi- sion to provide for State representation in regional of- fices. 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. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. Executive Documents EX. ORD. NO. 13603. NATIONAL DEFENSE RESOURCES PREPAREDNESS Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16651, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended ([former] 50 U.S.C. App. 2061 et seq.) [now 50 U.S.C. 4501 et seq.], and section 301 of title 3, United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as fol- lows: PART I—PURPOSE, POLICY, AND IMPLEMENTATION SECTION 101. Purpose. This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the ‘‘Act’’). SEC. 102. Policy. The United States must have an in- dustrial and technological base capable of meeting na- tional defense requirements and capable of contrib- uting to the technological superiority of its national defense equipment in peacetime and in times of na- tional emergency. The domestic industrial and techno- logical base is the foundation for national defense pre- paredness. The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States. SEC. 103. General Functions. Executive departments and agencies (agencies) responsible for plans and pro- grams relating to national defense (as defined in sec- tion 801(j) of this order), or for resources and services needed to support such plans and programs, shall: Page 1126 TITLE 50—WAR AND NATIONAL DEFENSE § 4553 (a) identify requirements for the full spectrum of emergencies, including essential military and civilian demand; (b) assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emer- gency, specifically evaluating the availability of the most critical resource and production sources, includ- ing subcontractors and suppliers, materials, skilled labor, and professional and technical personnel; (c) be prepared, in the event of a potential threat to the security of the United States, to take actions nec- essary to ensure the availability of adequate resources and production capability, including services and crit- ical technology, for national defense requirements; (d) improve the efficiency and responsiveness of the domestic industrial base to support national defense re- quirements; and (e) foster cooperation between the defense and com- mercial sectors for research and development and for acquisition of materials, services, components, and equipment to enhance industrial base efficiency and re- sponsiveness. SEC. 104. Implementation. (a) The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation of national defense resource preparedness policy and shall make recommendations to the Presi- dent on the use of authorities under the Act. (b) The Secretary of Homeland Security shall: (1) advise the President on issues of national defense resource preparedness and on the use of the authorities and functions delegated by this order; (2) provide for the central coordination of the plans and programs incident to authorities and functions del- egated under this order, and provide guidance to agen- cies assigned functions under this order, developed in consultation with such agencies; and (3) report to the President periodically concerning all program activities conducted pursuant to this order. (c) The Defense Production Act Committee, described in section 701 of this order, shall: (1) in a manner consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b) [now 50 U.S.C. 4502(b)], advise the President through the Assistant to the President and National Security Advisor, the Assistant to the President for Homeland Security and Counterterrorism, and the Assistant to the President for Economic Policy on the effective use of the authori- ties under the Act; and (2) prepare and coordinate an annual report to the Congress pursuant to section 722(d) of the Act, 50 U.S.C. App. 2171(d) [now 50 U.S.C. 4567(d)]. (d) The Secretary of Commerce, in cooperation with the Secretary of Defense, the Secretary of Homeland Security, and other agencies, shall: (1) analyze potential effects of national emergencies on actual production capability, taking into account the entire production system, including shortages of re- sources, and develop recommended preparedness meas- ures to strengthen capabilities for production increases in national emergencies; and (2) perform industry analyses to assess capabilities of the industrial base to support the national defense, and develop policy recommendations to improve the inter- national competitiveness of specific domestic indus- tries and their abilities to meet national defense pro- gram needs. PART II—PRIORITIES AND ALLOCATIONS SEC. 201. Priorities and Allocations Authorities. (a) The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071 [now 50 U.S.C. 4511], to re- quire acceptance and priority performance of contracts or orders (other than contracts of employment) to pro- mote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appro- priate to promote the national defense, is delegated to the following agency heads: (1) the Secretary of Agriculture with respect to food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commer- cial fertilizer; (2) the Secretary of Energy with respect to all forms of energy; (3) the Secretary of Health and Human Services with respect to health resources; (4) the Secretary of Transportation with respect to all forms of civil transportation; (5) the Secretary of Defense with respect to water re- sources; and (6) the Secretary of Commerce with respect to all other materials, services, and facilities, including con- struction materials. (b) The Secretary of each agency delegated authority under subsection (a) of this section (resource depart- ments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and pro- cedures by which the authority shall be used to pro- mote the national defense, under both emergency and non-emergency conditions. Each Secretary shall au- thorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for mate- rials, services, and facilities needed in support of pro- grams approved under section 202 of this order. (c) Each resource department shall act, as necessary and appropriate, upon requests for special priorities as- sistance, as defined by section 801(l) of this order, in a time frame consistent with the urgency of the need at hand. In situations where there are competing program requirements for limited resources, the resource de- partment shall consult with the Secretary who made the required determination under section 202 of this order. Such Secretary shall coordinate with and iden- tify for the resource department which program re- quirements to prioritize on the basis of operational ur- gency. In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which pro- gram requirements should receive priority on the basis of operational urgency. (d) If agreement cannot be reached between two such Secretaries, then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. (e) The Secretary of each resource department, when necessary, shall make the finding required under sec- tion 101(b) of the Act, 50 U.S.C. App. 2071(b) [now 50 U.S.C. 4511(b)]. This finding shall be submitted for the President’s approval through the Assistant to the President and National Security Advisor and the As- sistant to the President for Homeland Security and Counterterrorism. Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a) [now 50 U.S.C. 4511(a)], to control the gen- eral distribution of any material (including applicable services) in the civilian market. SEC. 202. Determinations. Except as provided in section 201(e) of this order, the authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense: (a) by the Secretary of Defense with respect to mili- tary production and construction, military assistance to foreign nations, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities; (b) by the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and (c) by the Secretary of Homeland Security with re- spect to all other national defense programs, including civil defense and continuity of Government. SEC. 203. Maximizing Domestic Energy Supplies. The au- thorities of the President under section 101(c)(1)–(2) of Page 1127 TITLE 50—WAR AND NATIONAL DEFENSE § 4553 the Act, 50 U.S.C. App. 2071(c)(1)–(2) [now 50 U.S.C. 4511(c)(1)–(2)], are delegated to the Secretary of Com- merce, with the exception that the authority to make findings that materials (including equipment), services, and facilities are critical and essential, as described in section 101(c)(2)(A) of the Act, 50 U.S.C. App. 2071(c)(2)(A) [now 50 U.S.C. 4511(c)(2)(A)], is delegated to the Secretary of Energy. SEC. 204. Chemical and Biological Warfare. The author- ity of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b) [now 50 U.S.C. 4514(b)], is del- egated to the Secretary of Defense. This authority may not be further delegated by the Secretary. PART III—EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY SEC. 301. Loan Guarantees. (a) To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense, as defined in section 801(h) of this order, is authorized pursuant to section 301 of the Act, 50 U.S.C. App. 2091 [now 50 U.S.C. 4531], to guarantee loans by private institutions. (b) Each guaranteeing agency is designated and au- thorized to: (1) act as fiscal agent in the making of its own guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act [50 U.S.C. 4531]; and (2) contract with any Federal Reserve Bank to as- sist the agency in serving as fiscal agent. (c) Terms and conditions of guarantees under this au- thority shall be determined in consultation with the Secretary of the Treasury and the Director of the Of- fice of Management and Budget (OMB). The guaran- teeing agency is authorized, following such consulta- tion, to prescribe: (1) either specifically or by max- imum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with such guarantee contracts; and (2) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection therewith. SEC. 302. Loans. To reduce current or projected short- falls of resources, critical technology items, or mate- rials essential for the national defense, the head of each agency engaged in procurement for the national de- fense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092 [now 50 U.S.C. 4532], to make loans thereunder. Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB. SEC. 303. Additional Authorities. (a) To create, main- tain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the head of each agency engaged in procurement for the na- tional defense is delegated the authority of the Presi- dent under section 303 of the Act, 50 U.S.C. App. 2093 [now 50 U.S.C. 4533], to make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for Government use or re- sale, and to make provision for the development of pro- duction capabilities, and for the increased use of emerging technologies in security program applica- tions, and to enable rapid transition of emerging tech- nologies. (b) Materials acquired under section 303 of the Act, 50 U.S.C. App. 2093 [now 50 U.S.C. 4533], that exceed the needs of the programs under the Act may be trans- ferred to the National Defense Stockpile, if, in the judgment of the Secretary of Defense as the National Defense Stockpile Manager, such transfers are in the public interest. SEC. 304. Subsidy Payments. To ensure the supply of raw or nonprocessed materials from high-cost sources, or to ensure maximum production or supply in any area at stable prices of any materials in light of a tem- porary increase in transportation cost, the head of each agency engaged in procurement for the national de- fense is delegated the authority of the President under section 303(c) of the Act, 50 U.S.C. App. 2093(c) [now 50 U.S.C. 4533(c)], to make subsidy payments, after con- sultation with the Secretary of the Treasury and the Director of OMB. SEC. 305. Determinations and Findings. (a) Pursuant to budget authority provided by an appropriations act in advance for credit assistance under section 301 or 302 of the Act, 50 U.S.C. App. 2091, 2092 [now 50 U.S.C. 4531, 4532], and consistent with the Federal Credit Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head of each agency engaged in procurement for the na- tional defense is delegated the authority to make the determinations set forth in sections 301(a)(2) and 302(b)(2) of the Act [50 U.S.C. 4531(a)(2), 4532(b)(2)], in consultation with the Secretary making the required determination under section 202 of this order; provided, that such determinations shall be made after due con- sideration of the provisions of OMB Circular A–129 and the credit subsidy score for the relevant loan or loan guarantee as approved by OMB pursuant to FCRA. (b) Other than any determination by the President under section 303(a)(7)(b) of the Act [probably means section 303(a)(7)(B) of the Act, 50 U.S.C. 4533(a)(7)(B)], the head of each agency engaged in procurement for the national defense is delegated the authority to make the required determinations, judgments, certifications, findings, and notifications defined under section 303 of the Act, 50 U.S.C. App. 2093 [now 50 U.S.C. 4533], in con- sultation with the Secretary making the required de- termination under section 202 of this order. SEC. 306. Strategic and Critical Materials. The Sec- retary of Defense, and the Secretary of the Interior in consultation with the Secretary of Defense as the Na- tional Defense Stockpile Manager, are each delegated the authority of the President under section 303(a)(1)(B) of the Act, 50 U.S.C. App. 2093(a)(1)(B) [now 50 U.S.C. 4533(a)(1)(B)], to encourage the exploration, develop- ment, and mining of strategic and critical materials and other materials. SEC. 307. Substitutes. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(g) of the Act, 50 U.S.C. App. 2093(g) [now 50 U.S.C. 4533(g)], to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other resources to aid the national defense. SEC. 308. Government-Owned Equipment. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e) [now 50 U.S.C. 4533(e)], to: (a) procure and install additional equipment, facili- ties, processes, or improvements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government- owned equipment in plants, factories, or other indus- trial facilities owned by private persons; (b) provide for the modification or expansion of pri- vately owned facilities, including the modification or improvement of production processes, when taking ac- tions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093 [now 50 U.S.C. 4531, 4532, 4533]; and (c) sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e) [now 50 U.S.C. 4533(e)], to the owners of such plants, factories, or other indus- trial facilities. SEC. 309. Defense Production Act Fund. The Secretary of Defense is designated the Defense Production Act Fund Manager, in accordance with section 304(f) of the Act, 50 U.S.C. App. 2094(f) [50 U.S.C. 4534(f)], and shall carry out the duties specified in section 304 of the Act, in consultation with the agency heads having approved, and appropriated funds for, projects under title III of the Act [50 U.S.C. 4531 et seq.]. SEC. 310. Critical Items. The head of each agency en- gaged in procurement for the national defense is dele- gated the authority of the President under section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1) [now 50 Page 1128 TITLE 50—WAR AND NATIONAL DEFENSE § 4553 U.S.C. 4517(b)(1)], to take appropriate action to ensure that critical components, critical technology items, es- sential materials, and industrial resources are avail- able from reliable sources when needed to meet defense requirements during peacetime, graduated mobiliza- tion, and national emergency. Appropriate action may include restricting contract solicitations to reliable sources, restricting contract solicitations to domestic sources (pursuant to statutory authority), stockpiling critical components, and developing substitutes for critical components or critical technology items. SEC. 311. Strengthening Domestic Capability. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a) [now 50 U.S.C. 4517(a)], to utilize the authority of title III of the Act [50 U.S.C. 4531 et seq.] or any other provi- sion of law to 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. SEC. 312. Modernization of Equipment. The head of each agency engaged in procurement for the national de- fense, in accordance with section 108(b) of the Act, 50 U.S.C. App. 2078(b) [now 50 U.S.C. 4518(b)], may utilize the authority of title III of the Act [50 U.S.C. 4531 et seq.] to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of the Act [50 U.S.C. 4501 et seq.]. In considering title III projects, the head of each agency engaged in procure- ment for the national defense shall provide a strong preference for proposals submitted by a small business supplier or subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2) [now 50 U.S.C. 4518(b)(2)]. PART IV—VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES SEC. 401. Delegations. The authority of the President under sections 708(c) and (d) of the Act, 50 U.S.C. App. 2158(c), (d) [now 50 U.S.C. 4558(c), (d)], is delegated to the heads of agencies otherwise delegated authority under this order. The status of the use of such delega- tions shall be furnished to the Secretary of Homeland Security. SEC. 402. Advisory Committees. The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d) [now 50 U.S.C. 4558(d)], and delegated in section 401 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services. SEC. 403. Regulations. The Secretary of Homeland Se- curity, after approval of the Attorney General, and after consultation by the Attorney General with the Chairman of the Federal Trade Commission, shall pro- mulgate rules pursuant to section 708(e) of the Act, 50 U.S.C. App. 2158(e) [now 50 U.S.C. 4558(e)], incorporating standards and procedures by which voluntary agree- ments and plans of action may be developed and carried out. Such rules may be adopted by other agencies to fulfill the rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e) [now 50 U.S.C. 4558(e)]. PART V—EMPLOYMENT OF PERSONNEL SEC. 501. National Defense Executive Reserve. (a) In ac- cordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e) [now 50 U.S.C. 4560(e)], there is established in the executive branch a National Defense Executive Re- serve (NDER) composed of persons of recognized exper- tise from various segments of the private sector and from Government (except full-time Federal employees) for training for employment in executive positions in the Federal Government in the event of a national de- fense emergency. (b) The Secretary of Homeland Security shall issue necessary guidance for the NDER program, including appropriate guidance for establishment, recruitment, training, monitoring, and activation of NDER units and shall be responsible for the overall coordination of the NDER program. The authority of the President under section 710(e) of the Act, 50 U.S.C. App. 2160(e) [now 50 U.S.C. 4560(e)], to determine periods of national defense emergency is delegated to the Secretary of Homeland Security. (c) The head of any agency may implement section 501(a) of this order with respect to NDER operations in such agency. (d) The head of each agency with an NDER unit may exercise the authority under section 703 of the Act, 50 U.S.C. App. 2153 [now 50 U.S.C. 4553], to employ civilian personnel when activating all or a part of its NDER unit. The exercise of this authority shall be subject to the provisions of sections 501(e) and (f) of this order and shall not be redelegated. (e) The head of an agency may activate an NDER unit, in whole or in part, upon the written determina- tion of the Secretary of Homeland Security that an emergency affecting the national defense exists and that the activation of the unit is necessary to carry out the emergency program functions of the agency. (f) Prior to activating the NDER unit, the head of the agency shall notify, in writing, the Assistant to the President for Homeland Security and Counterterrorism of the impending activation. SEC. 502. Consultants. The head of each agency other- wise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c) [now 50 U.S.C. 4560(b), (c)], to employ persons of outstanding experi- ence and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section may not be redelegated. PART VI—LABOR REQUIREMENTS SEC. 601. Secretary of Labor. (a) The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall: (1) collect and maintain data necessary to make a continuing appraisal of the Nation’s workforce needs for purposes of national defense; (2) upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, as- sist the Director of Selective Service in development of policies regulating the induction and deferment of per- sons for duty in the armed services; (3) upon request from the head of an agency with au- thority under this order, consult with that agency with respect to: (i) the effect of contemplated actions on labor demand and utilization; (ii) the relation of labor demand to materials and facilities requirements; and (iii) such other matters as will assist in making the ex- ercise of priority and allocations functions consistent with effective utilization and distribution of labor; (4) upon request from the head of an agency with au- thority under this order: (i) formulate plans, programs, and policies for meeting the labor requirements of ac- tions to be taken for national defense purposes; and (ii) estimate training needs to help address national de- fense requirements and promote necessary and appro- priate training programs; and (5) develop and implement an effective labor-manage- ment relations policy to support the activities and pro- grams under this order, with the cooperation of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Con- ciliation Service. (b) All agencies shall cooperate with the Secretary of Labor, upon request, for the purposes of this section, to the extent permitted by law. PART VII—DEFENSE PRODUCTION ACT COMMITTEE SEC. 701. The Defense Production Act Committee. (a) The Defense Production Act Committee (Committee) shall Page 1129 TITLE 50—WAR AND NATIONAL DEFENSE § 4553 be composed of the following members, in accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b) [now 50 U.S.C. 4567(b)]: (1) The Secretary of State; (2) The Secretary of the Treasury; (3) The Secretary of Defense; (4) The Attorney General; (5) The Secretary of the Interior; (6) The Secretary of Agriculture; (7) The Secretary of Commerce; (8) The Secretary of Labor; (9) The Secretary of Health and Human Services; (10) The Secretary of Transportation; (11) The Secretary of Energy; (12) The Secretary of Homeland Security; (13) The Director of National Intelligence; (14) The Director of the Central Intelligence Agency; (15) The Chair of the Council of Economic Advisers; (16) The Administrator of the National Aeronautics and Space Administration; and (17) The Administrator of General Services. (b) The Director of OMB and the Director of the Of- fice of Science and Technology Policy shall be invited to participate in all Committee meetings and activities in an advisory role. The Chairperson, as designated by the President pursuant to section 722 of the Act, 50 U.S.C. App. 2171 [now 50 U.S.C. 4567], may invite the heads of other agencies or offices to participate in Committee meetings and activities in an advisory role, as appropriate. SEC. 702. Offsets. The Secretary of Commerce shall prepare and submit to the Congress the annual report required by section 723 of the Act, 50 U.S.C. App. 2172 [now 50 U.S.C. 4568], in consultation with the Secre- taries of State, the Treasury, Defense, and Labor, the United States Trade Representative, the Director of National Intelligence, and the heads of other agencies as appropriate. The heads of agencies shall provide the Secretary of Commerce with such information as may be necessary for the effective performance of this func- tion. PART VIII—GENERAL PROVISIONS SEC. 801. Definitions. In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152 [now 50 U.S.C. 4552], the following definitions apply throughout this order: (a) ‘‘Civil transportation’’ includes movement of per- sons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facili- ties. ‘‘Civil transportation’’ also shall include direc- tion, control, and coordination of civil transportation capacity regardless of ownership. ‘‘Civil transpor- tation’’ shall not include transportation owned or con- trolled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly. (b) ‘‘Energy’’ means all forms of energy including pe- troleum, gas (both natural and manufactured), elec- tricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasifi- cation), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy. (c) ‘‘Farm equipment’’ means equipment, machinery, and repair parts manufactured for use on farms in con- nection with the production or preparation for market use of food resources. (d) ‘‘Fertilizer’’ means any product or combination of products that contain one or more of the elements ni- trogen, phosphorus, and potassium for use as a plant nutrient. (e) ‘‘Food resources’’ means all commodities and products, (simple, mixed, or compound), or com- plements to such commodities or products, that are ca- pable of being ingested by either human beings or ani- mals, irrespective of other uses to which such commod- ities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. ‘‘Food resources’’ also means potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but does not mean any such material after it loses its identity as an agri- cultural commodity or agricultural product. (f) ‘‘Food resource facilities’’ means plants, machin- ery, vehicles (including on farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, and for the domestic distribution of farm equipment and fertilizer (excluding transportation thereof). (g) ‘‘Functions’’ include powers, duties, authority, re- sponsibilities, and discretion. (h) ‘‘Head of each agency engaged in procurement for the national defense’’ means the heads of the Depart- ments of State, Justice, the Interior, and Homeland Se- curity, the Office of the Director of National Intel- ligence, the Central Intelligence Agency, the National Aeronautics and Space Administration, the General Services Administration, and all other agencies with authority delegated under section 201 of this order. (i) ‘‘Health resources’’ means drugs, biological prod- ucts, medical devices, materials, facilities, health sup- plies, services and equipment required to diagnose, mitigate or prevent the impairment of, improve, treat, cure, or restore the physical or mental health condi- tions of the population. (j) ‘‘National defense’’ means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency pre- paredness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., and critical infra- structure protection and restoration. (k) ‘‘Offsets’’ means compensation practices required as a condition of purchase in either government-to-gov- ernment or commercial sales of defense articles and/or defense services as defined by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22 C.F.R. 120.1–130.17. (l) ‘‘Special priorities assistance’’ means action by re- source departments to assist with expediting deliveries, placing rated orders, locating suppliers, resolving pro- duction or delivery conflicts between various rated or- ders, addressing problems that arise in the fulfillment of a rated order or other action authorized by a dele- gated agency, and determining the validity of rated or- ders. (m) ‘‘Strategic and critical materials’’ means mate- rials (including energy) that (1) would be needed to sup- ply the military, industrial, and essential civilian needs of the United States during a national emer- gency, and (2) are not found or produced in the United States in sufficient quantities to meet such need and are vulnerable to the termination or reduction of the availability of the material. (n) ‘‘Water resources’’ means all usable water, from all sources, within the jurisdiction of the United States, that can be managed, controlled, and allocated to meet emergency requirements, except ‘‘water re- sources’’ does not include usable water that qualifies as ‘‘food resources.’’ SEC. 802. General. (a) Except as otherwise provided in section 802(c) of this order, the authorities vested in the President by title VII of the Act, 50 U.S.C. App. 2151 et seq. [now 50 U.S.C. 4551 et seq.], are delegated to the head of each agency in carrying out the delegated au- thorities under the Act [50 U.S.C. 4501 et seq.] and this order, by the Secretary of Labor in carrying out part VI of this order, and by the Secretary of the Treasury in exercising the functions assigned in Executive Order 11858 [50 U.S.C. 4565 note], as amended. Page 1130 TITLE 50—WAR AND NATIONAL DEFENSE § 4554 (b) The authorities that may be exercised and per- formed pursuant to section 802(a) of this order shall in- clude: (1) the power to redelegate authorities, and to au- thorize the successive redelegation of authorities to agencies, officers, and employees of the Government; and (2) the power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155 [now 50 U.S.C. 4555], with re- spect to (i) authorities delegated in parts II, III, and section 702 of this order, and (ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858 [50 U.S.C. 4565 note], as amended, provided that the subpoena power referenced in subsections (i) and (ii) shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appro- priate officer identified in section 802(a) of this order or by such other person or persons as the officer shall des- ignate. (c) Excluded from the authorities delegated by sec- tion 802(a) of this order are authorities delegated by parts IV and V of this order, authorities in section[s] 721 and 722 of the Act, 50 U.S.C. App. 2170–2171 [now 50 U.S.C. 4565, 4567], and the authority with respect to fix- ing compensation under section 703 of the Act, 50 U.S.C. App. 2153 [now 50 U.S.C. 4553]. SEC. 803. Authority. (a) Executive Order 12919 of June 3, 1994, and sections 401(3)–(4) of Executive Order 12656 of November 18, 1988, [42 U.S.C. 5195 note] are revoked. All other previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in ef- fect except as they are inconsistent with this order or are subsequently amended or revoked under proper au- thority. Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act [50 U.S.C. 4501 et seq.]. (b) Nothing in this order shall affect the authorities assigned under Executive Order 11858 of May 7, 1975, as amended [50 U.S.C. 4565 note], except as provided in sec- tion 802 of this order. (c) Nothing in this order shall affect the authorities assigned under Executive Order 12472 of April 3, 1984, as amended [former 42 U.S.C. 5195 note]. SEC. 804. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect func- tions of the Director of OMB relating to budgetary, ad- ministrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 4554. Regulations and orders (a) In general Subject to section 4559 of this title and sub- section (b), the President may prescribe such regulations and issue such orders as the Presi- dent may determine to be appropriate to carry out this chapter. (b) Procurement regulations Any procurement regulation, procedure, or form issued pursuant to subsection (a) shall be issued pursuant to section 25 of the Office of Federal Procurement Policy Act [now 41 U.S.C. 1302, 1303], and shall conform to any govern- mentwide procurement policy or regulation issued pursuant to section 6 or 25 of that Act [see 41 U.S.C. 1121 et seq., 1302, 1303]. (Sept. 8, 1950, ch. 932, title VII, § 704, 64 Stat. 816; July 31, 1951, ch. 275, title I, § 109(c), 65 Stat. 139; Pub. L. 102–558, title I, § 134, Oct. 28, 1992, 106 Stat. 4212.) TERMINATION OF SECTION For termination of section, see section 4564(a) of this title. 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 complete classification of this Act to the Code, see sec- tion 4501 of this title and Tables. Sections 6 and 25 of the Office of Federal Procure- ment Policy Act, referred to in subsec. (b), were sec- tions 6 and 25 of Pub. L. 93–400, which were classified to sections 405 and 421, respectively, of former Title 41, Public Contracts, and were repealed and largely re- stated in subchapter II (§ 1121 et seq.) of chapter 11 and as sections 1302 and 1303 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. CODIFICATION Section was formerly classified to section 2154 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 authorizing promulgation of rules, regulations, and orders by the President in order to carry out this chapter. 1951—Act July 31, 1951, limited authority to regulate natural gas where a State agency is handling the mat- ter. 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. Executive Documents DELEGATION OF FUNCTIONS Authority of President to implement the Defense Production Act of 1950 (this chapter) in this sub- chapter— (1) with respect to hoarding of health and medical resources necessary to respond to the spread of COVID–19 within the United States delegated to Sec- retary 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; (2) with respect to responding to the spread of COVID–19 within the United States delegated to Sec- retary of Health and Human Services and 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; and (3) in addition to the delegation of authority in Ex. Ord. No. 13911, delegated to Chief Executive Officer of the United States International Development Fi- nance Corporation, see section 2 of Ex. Ord. No. 13922, May 14, 2020, 85 F.R. 30583, set out as a note under sec- tion 4532 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, eff. June 25,