50 U.S.C. § 4511 — Priority in contracts and orders

Page 1105 TITLE 50—WAR AND NATIONAL DEFENSE § 4511 or critical minerals and metals shall undertake to de- crease further and to eliminate where possible the de- pendency of the United States on overseas sources of supply of each such material. ‘‘SEC. 3. In accordance with the declaration of policy set forth in section 2 of this Act, the termination dates of all purchase programs designed to stimulate the do- mestic production of tungsten, manganese, chromite, mica, asbestos, beryl, and columbium-tantalum-bear- ing ores and concentrates and established by regula- tions issued pursuant to the Defense Production Act of 1950, as amended [50 U.S.C. 4501 et seq.], shall be ex- tended an additional two years: Provided, That this sec- tion is not intended and shall not be construed to limit or restrict the regulatory agencies from extending the termination dates of these programs beyond the two- year extension periods provided by this section or from increasing the quantity of materials that may be deliv- ered and accepted under these programs as permitted by existing statutory authority: Provided further, That the extended termination date provided by this section for the columbium-tantalum purchase program shall not apply to the purchase of columbium-tantalum- bearing ores and concentrates of foreign origin. ‘‘SEC. 4. In order that those persons who produce or who plan to produce under purchase programs estab- lished pursuant to Public Law 774 (Eighty-first Con- gress) [50 U.S.C. 4501 et seq.] and Public Law 96 (Eighty- second Congress) [act July 31, 1951, ch. 275, 65 Stat. 131, see Tables for classification] may be in position to plan their investment and production with due regard to re- quirements, the responsible agencies controlling such purchase programs are directed to publish at the end of each calendar quarter the amounts of each of the ores and concentrates referred to in section 3 purchased in that quarter and the total amounts of each which have been purchased under the program.’’ [Act Aug. 7, 1953, ch. 339, set out above, was formerly classified to sections 2181 to 2183 of the former Appen- dix to this title and to provisions set out as a note under section 2181 of the former Appendix to this title prior to editorial reclassification as this note.] SUBCHAPTER I—PRIORITIES AND ALLOCATIONS § 4511. Priority in contracts and orders (a) Allocation of materials, services, and facilities The President is hereby authorized (1) to re- quire that performance under contracts or or- ders (other than contracts of employment) which he deems necessary or appropriate to pro- mote the national defense shall take priority over performance under any other contract or order, and, for the purpose of assuring such pri- ority, 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 man- ner, upon such conditions, and to such extent as he shall deem necessary or appropriate to pro- mote 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 Presi- dent finds (1) that such material is a scarce and critical material essential to the national de- fense, and (2) that the requirements of the na- tional defense for such material cannot other- wise be met without creating a significant dis- location of the normal distribution of such ma- terial 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, ma- terials, 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 priority performance of contracts or orders, or to control the distribu- tion of any supplies of materials, services, and facilities in the marketplace, unless the Presi- dent finds that— (A) such materials, services, and facilities are scarce, critical, and essential— (i) to maintain or expand exploration, pro- duction, refining, transportation; (ii) to conserve energy supplies; or (iii) to construct or maintain energy facili- ties; and (B) maintenance or expansion of exploration, production, refining, transportation, or con- servation of energy supplies or the construc- tion and maintenance of energy facilities can- not reasonably be accomplished without exer- cising the authority specified in paragraph (1) of this subsection. (3) During any period when the authority con- ferred by this subsection is being exercised, the President shall take such action as may be ap- propriate to assure that such authority is being exercised in a manner which assures the coordi- nated administration of such authority with any priorities or allocations established under sub- section (a) of this section and in effect during the same period. (d) Rules; consultation among agency heads The head of each Federal agency to which the President delegates authority under this section shall— (1) issue, and annually review and update whenever appropriate, final rules, in accord- ance with section 553 of title 5, that establish standards and procedures by which the prior- ities and allocations authority under this sec- tion is used to promote the national defense, under both emergency and nonemergency con- ditions; and (2) as appropriate and to the extent prac- ticable, consult with the heads of other Fed- eral agencies to develop a consistent and uni- fied Federal priorities and allocations system. (Sept. 8, 1950, ch. 932, title I, § 101, 64 Stat. 799; July 31, 1951, ch. 275, title I, § 101(a), 65 Stat. 131; June 30, 1952, ch. 530, title I, §§ 101, 102, 66 Stat. 296, 297; June 30, 1953, ch. 171, § 3, 67 Stat. 129; Pub. L. 94–163, title I, § 104(a), Dec. 22, 1975, 89 Stat. 878; Pub. L. 102–99, § 6, Aug. 17, 1991, 105 Stat. 490; Pub. L. 111–67, § 4, Sept. 30, 2009, 123 Stat. 2009; Pub. L. 113–172, § 3, Sept. 26, 2014, 128 Stat. 1897.) TERMINATION OF SECTION For termination of section, see section 4564(a) of this title. Page 1106 TITLE 50—WAR AND NATIONAL DEFENSE § 4511 Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(1), 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. CODIFICATION Section was formerly classified to section 2071 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 2014—Subsec. (d)(1). Pub. L. 113–172 substituted ‘‘issue, and annually review and update whenever ap- propriate, final rules’’ for ‘‘not later than 270 days after the date of enactment of the Defense Production Act Reauthorization of 2009, issue final rules’’. 2009—Subsec. (d). Pub. L. 111–67 added subsec. (d). 1991—Subsec. (a)(2). Pub. L. 102–99, § 6(1), substituted ‘‘materials, services, and facilities’’ for ‘‘materials and facilities’’. Subsec. (c)(1). Pub. L. 102–99, § 6(2), substituted ‘‘ma- terials, equipment, and services’’ for ‘‘supplies of mate- rials and equipment’’. Subsec. (c)(2) to (4). Pub. L. 102–99, § 6(3), (4), added par. (2), redesignated par. (4) as (3), and struck out former pars. (2) and (3) which read as follows: ‘‘(2) The President shall report to the Congress within sixty days after December 22, 1975, on the manner in which the authority contained in paragraph (1) will be administered. This report shall include the manner in which allocations will be made, the procedure for re- quests and appeals, the criteria for determining prior- ities as between competing requests, and the office or agency which will administer such authorities. ‘‘(3) The authority granted in this subsection may not be used to require priority performance of con- tracts or orders, or to control the distribution of any supplies of materials and equipment in the market- place, unless the President finds that— ‘‘(A) such supplies are scarce, critical, and essential to maintain or further (i) exploration, production, re- fining, transportation, or (ii) the conservation of en- ergy supplies, or (iii) for the construction and main- tenance of energy facilities; and ‘‘(B) maintenance or furtherance of exploration, production, refining, transportation, or conservation of energy supplies or the construction and mainte- nance of energy facilities cannot reasonably be ac- complished without exercising the authority speci- fied in paragraph (1) of this subsection.’’ 1975—Subsec. (c). Pub. L. 94–163 added subsec. (c). 1953—Subsec. (a). Act June 30, 1953, struck out provi- sions which related to slaughtering of livestock and al- location of meat and meat products. Subsec. (b). Act June 30, 1953, retained priorities and allocation authority for defense production but gen- erally to discontinue such authority with respect to the civilian market except in the special cases where, because of shortages and demands of the defense effort, there otherwise would be a significant dislocation in the civilian market resulting in appreciable hardship. 1952—Act June 30, 1952, redesignated existing provi- sions as subsec. (a), inserted provisions relating to meat and meat products, and added subsec. (b). 1951—Act July 31, 1951, inserted provision relating to slaughtering of livestock. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–99, § 7, Aug. 17, 1991, 105 Stat. 490, provided that: ‘‘This Act [see Tables for classification] shall take effect on October 20, 1990.’’ COVID–19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT Pub. L. 117–2, title III, § 3101, Mar. 11, 2021, 135 Stat. 53, provided that: ‘‘(a) SUPPORTING ENHANCED USE OF THE DEFENSE PRO- DUCTION ACT OF 1950.—In addition to funds otherwise available, there is appropriated, for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, $10,000,000,000, to remain available until Sep- tember 30, 2025, to carry out titles I, III , and VII of such Act [50 U.S.C. 4511 et seq., 4531 et seq., and 4551 et seq.] in accordance with subsection (b). ‘‘(b) MEDICAL SUPPLIES AND EQUIPMENT.— ‘‘(1) TESTING, PPE, VACCINES, AND OTHER MATE- RIALS.—Except as provided in paragraph (2), amounts appropriated in subsection (a) shall be used for the purchase, production (including the construction, re- pair, and retrofitting of government-owned or private facilities as necessary), or distribution of medical supplies and equipment (including durable medical equipment) related to combating the COVID–19 pan- demic, including— ‘‘(A) in vitro diagnostic products for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, and the reagents and other mate- rials necessary for producing, conducting, or ad- ministering such products, and the machinery, equipment, laboratory capacity, or other tech- nology necessary to produce such products; ‘‘(B) face masks and personal protective equip- ment, including face shields, nitrile gloves, N–95 fil- tering facepiece respirators, and any other masks or equipment (including durable medical equip- ment) needed to respond to the COVID–19 pandemic, and the materials, machinery, additional manufac- turing lines or facilities, or other technology nec- essary to produce such equipment; and ‘‘(C) drugs, devices, and biological products that are approved, cleared, licensed, or authorized for use in treating or preventing COVID–19 and symp- toms related to COVID–19, and any materials, man- ufacturing machinery, additional manufacturing or fill-finish lines or facilities, technology, or equip- ment (including durable medical equipment) nec- essary to produce or use such drugs, biological products, or devices (including syringes, vials, or other supplies or equipment related to delivery, dis- tribution, or administration). ‘‘(2) RESPONDING TO PUBLIC HEALTH EMERGENCIES.— After September 30, 2022, amounts appropriated in subsection (a) may be used for any activity author- ized by paragraph (1), or any other activity necessary to meet critical public health needs of the United States, with respect to any pathogen that the Presi- dent has determined has the potential for creating a public health emergency.’’ REPORT ON INDUSTRY PREPAREDNESS Pub. L. 110–53, title X, § 1002(b), Aug. 3, 2007, 121 Stat. 375, provided that: ‘‘Not later than 6 months after the last day of fiscal year 2007 and each subsequent fiscal year, the Secretary of Homeland Security, in coopera- tion with the Secretary of Commerce, the Secretary of Transportation, the Secretary of Defense, and the Sec- retary of Energy, shall submit to the Committee on Banking, Housing, and Urban Affairs and the Com- mittee on Homeland Security and Governmental Af- fairs of the Senate and the Committee on Financial Services and the Committee on Homeland Security of the House of Representatives a report that details the actions taken by the Federal Government to ensure, in accordance with subsections (a) and (c) of section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071) [now 50 U.S.C. 4511], the preparedness of industry to re- duce interruption of critical infrastructure and key re- source operations during an act of terrorism, natural catastrophe, or other similar national emergency.’’ Page 1107 TITLE 50—WAR AND NATIONAL DEFENSE § 4511 PRESIDENTIAL AUTHORITY TO ISSUE ORDERS RELATING TO DOMESTIC ENERGY SUPPLIES Pub. L. 94–163, title I, § 104(b), Dec. 22, 1975, 89 Stat. 879, as amended by Pub. L. 99–58, title I, § 101(b), July 2, 1985, 99 Stat. 102; Pub. L. 101–46, § 1(2), June 30, 1989, 103 Stat. 132; Pub. L. 101–262, § 2(a), Mar. 31, 1990, 104 Stat. 124; Pub. L. 101–360, § 2(a), Aug. 10, 1990, 104 Stat. 421; Pub. L. 101–383, § 2(1), Sept. 15, 1990, 104 Stat. 727; Pub. L. 105–388, § 6, Nov. 13, 1998, 112 Stat. 3479; Pub. L. 106–469, title I, § 103(2), Nov. 9, 2000, 114 Stat. 2029, pro- vided that: ‘‘The expiration of the Defense Production Act of 1950 [50 U.S.C. 4501 et seq.] or any amendment of such Act after the date of enactment of this Act [Dec. 22, 1975] shall not affect the authority of the President under section 101(c) of such Act [50 U.S.C. 4511(c)], as amended by subsection (a) of this section and in effect on the date of enactment of this Act, unless Congress by law expressly provides to the contrary.’’ Executive Documents DELEGATION OF FUNCTIONS 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 section, see sections 201 to 203 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16652, 16653, set out as a note under section 4553 of this title. EX. ORD. NO. 13909. PRIORITIZING AND ALLOCATING HEALTH AND MEDICAL RESOURCES TO RESPOND TO THE SPREAD OF COVID–19 Ex. Ord. No. 13909, Mar. 18, 2020, 85 F.R. 16227, 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 (50 U.S.C. 4501 et seq.) (the ‘‘Act’’), and sec- tion 301 of title 3, United States Code, it is hereby or- dered as follows: SECTION 1. Policy and Findings. On March 13, 2020, I de- clared a national emergency recognizing the threat that the novel (new) coronavirus known as SARS–CoV–2 poses to our national security. In recog- nizing the public health risk, I noted that on March 11, 2020, the World Health Organization announced that the outbreak of COVID–19 (the disease caused by SARS–CoV–2) can be characterized as a pandemic. I also noted that while the Federal Government, along with State and local governments, have taken preven- tive and proactive measures to slow the spread of the virus and to treat those affected, the spread of COVID–19 within our Nation’s communities threatens to strain our Nation’s healthcare system. To ensure that our healthcare system is able to surge capacity and capability to respond to the spread of COVID–19, it is critical that all health and medical resources needed to respond to the spread of COVID–19 are properly dis- tributed to the Nation’s healthcare system and others that need them most at this time. Accordingly, I find that health and medical resources needed to respond to the spread of COVID–19, including personal protective equipment and ventilators, meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)). Under the delegation of authority pro- vided in this order, the Secretary of Health and Human Services may identify additional specific health and medical resources that meet the criteria of section 101(b). SEC. 2. Priorities and Allocation of Medical Resources. (a) Notwithstanding Executive Order 13603 of March 16, 2012 (National Defense Resource Preparedness) [50 U.S.C. 4553 note], the authority of the President con- ferred by section 101 of the Act to require performance of contracts or orders (other than contracts of employ- ment) to promote the national defense over perform- ance of any other contracts or orders, to allocate mate- rials, services, and facilities as deemed necessary or ap- 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, is del- egated to the Secretary of Health and Human Services with respect to all health and medical resources needed to respond to the spread of COVID–19 within the United States. (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 Commerce and the heads of other executive departments and agen- cies as appropriate, the proper nationwide priorities and allocation of all health and medical resources, in- cluding controlling the distribution of such materials (including applicable services) in the civilian market, for responding to the spread of COVID–19 within the United States. (c) The Secretary of Health and Human Services shall issue such orders and adopt and revise appropriate rules and regulations as may be necessary to imple- ment this order. SEC. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, 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. DONALD J. TRUMP. EX. ORD. NO. 13911. DELEGATING ADDITIONAL AUTHORITY UNDER THE DEFENSE PRODUCTION ACT WITH RESPECT TO HEALTH AND MEDICAL RESOURCES TO RESPOND TO THE SPREAD OF COVID–19 Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, 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 (50 U.S.C. 4501 et seq.) (the ‘‘Act’’), the Na- tional Emergencies Act (50 U.S.C. 1601 et seq.), and sec- tion 301 of title 3, United States Code, it is hereby or- dered as follows: SECTION 1. Policy. In Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak) [50 U.S.C. 1621 note], I declared a national emergency rec- ognizing the threat that the novel (new) coronavirus known as SARS–CoV–2 poses to our Nation’s healthcare systems. In recognizing the public health risk, I noted that on March 11, 2020, the World Health Organization announced that the outbreak of COVID–19 (the disease caused by SARS–CoV–2) can be characterized as a pan- demic. I also noted that while the Federal Government, along with State and local governments, have taken preventive and proactive measures to slow the spread of the virus and to treat those affected, the spread of COVID–19 within our Nation’s communities threatens to strain our Nation’s healthcare systems. To deal with this threat, on March 18, 2020, I issued Executive Order 13909 (Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID–19) [set out above], in which I delegated to the Secretary of Health and Human Services the prioritization and allocation authority under section 101 of the Act with respect to health and medical re- sources needed to respond to the spread of COVID–19. And on March 23, 2020, I issued Executive Order 13910 Page 1108 TITLE 50—WAR AND NATIONAL DEFENSE § 4511 (Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID–19) [50 U.S.C. 4512 note], in which I delegated to the Secretary of Health and Human Services the authority under section 102 of the Act to combat hoarding and price gouging with re- spect to such resources. To ensure that our healthcare systems are able to surge capacity and capability to respond to the spread of COVID–19, it is the policy of the United States to ex- pand domestic production of health and medical re- sources needed to respond to the spread of COVID–19, including personal protective equipment and ventila- tors. Accordingly, I am delegating authority under title III of the Act [50 U.S.C. 4531 et seq.] to guarantee loans by private institutions, make loans, make provi- sion for purchases and commitments to purchase, and take additional actions to create, maintain, protect, expand, and restore domestic industrial base capabili- ties to produce such resources. To enable greater co- operation among private businesses in expanding pro- duction of and distributing such resources, I am also delegating my authority under section 708(c) and (d) of the Act (50 U.S.C. 4558(c), (d)) to provide for the making of voluntary agreements and plans of action by the pri- vate sector. SEC. 2. Delegation of Authority Under Title III of the Act. (a) Notwithstanding Executive Order 13603 of March 16, 2012 (National Defense Resources Prepared- ness) [50 U.S.C. 4553 note], the Secretary of Health and Human Services and the Secretary of Homeland Secu- rity are each delegated, with respect to responding to the spread of COVID–19 within the United States, the authority of the President conferred by sections 301, 302, and 303 of the Act (50 U.S.C. 4531, 4532, and 4533), and the authority to implement 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, and 4560). (b) The Secretary of Health and Human Services and the Secretary of Homeland Security may each use the authority under sections 301, 302, and 303 of the Act, in consultation with the Secretary of Defense and the heads of other executive departments and agencies as he deems appropriate, to respond to the spread of COVID–19. (c) To provide additional authority to respond to the national emergency I declared in Proclamation 9994, the requirements of section 301(a)(2), section 301(d)(1)(A), and section 303(a)(1) through (a)(6) of the Act are waived during the period of that national emer- gency. (d) To provide additional authority to respond to the national emergency I declared in Proclamation 9994, the Secretary of Health and Human Services and the Secretary of Homeland Security are each authorized to submit for my approval under section 302(d)(2)(B) of the Act a proposed determination that any specific loan is necessary to avert an industrial resource or critical technology shortfall that would severely impair na- tional defense capability. (e) Before exercising the authority delegated under this section with respect to health or medical re- sources, the Secretary of Homeland Security shall con- sult with the Secretary of Health and Human Services. SEC. 3. Delegation of Authority Under Title VII of the Act. (a) Notwithstanding Executive Order 13603, the Secretary of Health and Human Services and the Sec- retary of Homeland Security are each delegated, with respect to responding to the spread of COVID–19 within the United States, the authority of the President con- ferred by section 708(c)(1) and (d) of the Act [50 U.S.C. 4558(c)(1) and (d)]. The Secretary of Health and Human Services shall provide to the Secretary of Homeland Security notice of any use of such delegated authority. (b) The delegation made in this section is made upon the condition that the Secretary of Health and Human Services or the Secretary of Homeland Security con- sult with the Attorney General and with the Federal Trade Commission, and obtain the prior approval of the Attorney General, after consultation by the Attorney General with the Federal Trade Commission, as re- quired by section 708(c)(2) of the Act, except when such consultation is waived under subsection (c) of section 3 of this order and section 708(c)(3) of the Act. (c) The Secretary of Health and Human Services and the Secretary of Homeland Security are each author- ized to submit for my approval under section 708(c)(3) of the Act any proposed determination that any specific voluntary agreement or plan of action is necessary to meet national defense requirements resulting from an event that degrades or destroys critical infrastructure. (d) Before exercising the authority delegated under this section with respect to health or medical re- sources, the Secretary of Homeland Security shall con- sult with the Secretary of Health and Human Services. SEC. 4. Additional Delegations. (a) Notwithstanding Ex- ecutive Order 13603, the Secretary of Health and Human Services and the Secretary of Homeland Security are each delegated, with respect to responding to the spread of COVID–19 within the United States, the au- thority of the President conferred by section 107 of the Act (50 U.S.C. 4517). (b) In addition to the delegations of authority in Ex- ecutive Order 13909 and Executive Order 13910, the au- thority of the President conferred by sections 101 and 102 of the Act (50 U.S.C. 4511, 4512) is delegated to the Secretary of Homeland Security with respect to health and medical resources needed to respond to the spread of COVID–19 within the United States. (c) The Secretary of Homeland Security may use the authority under section 101 of the Act to determine, in consultation with the heads of other executive depart- ments and agencies as appropriate, the proper nation- wide priorities and allocation of health and medical re- sources, including by controlling the distribution of such materials (including applicable services) in the ci- vilian market, for responding to the spread of COVID–19 within the United States. (d) Before exercising the authority under section 102 of the Act, the Secretary of Homeland Security shall consult with the Secretary of Health and Human Serv- ices. (e) The Secretary of Homeland Security shall periodi- cally consider whether the designations made by him under section 102 of the Act pursuant to section 4(b) of this order remain necessary. Upon finding that such designation of material is no longer necessary, the Sec- retary of Homeland Security shall promptly publish a notice of withdrawal of the designation in the Federal Register, and in such other manner as he deems appro- priate. SEC. 5. Implementing Rules and Regulations. The Sec- retary of Health and Human Services and the Secretary of Homeland Security shall each adopt and revise ap- propriate rules and regulations as may be necessary to implement this order. SEC. 6. Policy Coordination. The Assistant to the President for Trade and Manufacturing Policy shall serve as National Defense Production Act Policy Coor- dinator. SEC. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, 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. DONALD J. TRUMP. EX. ORD. NO. 13917. DELEGATING AUTHORITY UNDER THE DEFENSE PRODUCTION ACT WITH RESPECT TO FOOD SUPPLY CHAIN RESOURCES DURING THE NATIONAL EMERGENCY CAUSED BY THE OUTBREAK OF COVID–19 Ex. Ord. No. 13917, Apr. 28, 2020, 85 F.R. 26313, pro- vided: Page 1109 TITLE 50—WAR AND NATIONAL DEFENSE § 4511 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 (50 U.S.C. 4501 et seq.) (the ‘‘Act’’), and sec- tion 301 of title 3, United States Code, it is hereby or- dered as follows: SECTION 1. Policy. The 2019 novel (new) coronavirus known as SARS–CoV–2, the virus causing outbreaks of the disease COVID–19, has significantly disrupted the lives of Americans. In Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak) [50 U.S.C. 1621 note], I declared that the COVID–19 out- break in the United States constituted a national emergency, beginning March 1, 2020. Since then, the American people have united behind a policy of mitiga- tion strategies, including social distancing, to flatten the curve of infections and reduce the spread of COVID–19. The COVID–19 outbreak and these necessary mitigation measures have taken a dramatic toll on the United States economy and critical infrastructure. It is important that processors of beef, pork, and poultry (‘‘meat and poultry’’) in the food supply chain continue operating and fulfilling orders to ensure a continued supply of protein for Americans. However, outbreaks of COVID–19 among workers at some proc- essing facilities have led to the reduction in some of those facilities’ production capacity. In addition, re- cent actions in some States have led to the complete closure of some large processing facilities. Such actions may differ from or be inconsistent with interim guid- ance recently issued by the Centers for Disease Control and Prevention (CDC) of the Department of Health and Human Services and the Occupational Safety and Health Administration (OSHA) of the Department of Labor entitled ‘‘Meat and Poultry Processing Workers and Employers’’ providing for the safe operation of such facilities. Such closures threaten the continued functioning of the national meat and poultry supply chain, under- mining critical infrastructure during the national emergency. Given the high volume of meat and poultry processed by many facilities, any unnecessary closures can quickly have a large effect on the food supply chain. For example, closure of a single large beef proc- essing facility can result in the loss of over 10 million individual servings of beef in a single day. Similarly, under established supply chains, closure of a single meat or poultry processing facility can severely disrupt the supply of protein to an entire grocery store chain. Accordingly, I find that meat and poultry in the food supply chain meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)). Under the delega- tion of authority provided in this order, the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry proc- essors continue operations consistent with the guid- ance for their operations jointly issued by the CDC and OSHA. Under the delegation of authority provided in this order, the Secretary of Agriculture may identify additional specific food supply chain resources that meet the criteria of section 101(b). SEC. 2. Ensuring the Continued Supply of Meat and Poultry. (a) Notwithstanding Executive Order 13603 of March 16, 2012 (National Defense Resources Prepared- ness) [50 U.S.C. 4553 note], the authority of the Presi- dent to require performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other con- tracts or orders, to allocate materials, services, and fa- cilities as deemed necessary or appropriate to promote the national defense, and to implement the Act in sub- chapter III of chapter 55 of title 50, United States Code (50 U.S.C. 4554, 4555, 4556, 4559, 4560), is delegated to the Secretary of Agriculture with respect to food supply chain resources, including meat and poultry, during the national emergency caused by the outbreak of COVID–19 within the United States. (b) The Secretary of Agriculture shall use the author- ity under section 101 of the Act, in consultation with the heads of such other executive departments and agencies as he deems appropriate, to determine the proper nationwide priorities and allocation of all the materials, services, and facilities necessary to ensure the continued supply of meat and poultry, consistent with the guidance for the operations of meat and poul- try processing facilities jointly issued by the CDC and OSHA. (c) The Secretary of Agriculture shall issue such or- ders and adopt and revise appropriate rules and regula- tions as may be necessary to implement this order. SEC. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, 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. DONALD J. TRUMP. DELEGATING AUTHORITY UNDER THE DEFENSE PRODUC- TION ACT TO ENSURE AN ADEQUATE SUPPLY OF INFANT FORMULA Determination of President of the United States, No. 2022–13, May 18, 2022, 87 F.R. 31357, provided: Memorandum for the Secretary of Health and Human Services By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 101 of the Defense Produc- tion Act of 1950, as amended (the ‘‘Act’’) (50 U.S.C. 4511), it is hereby ordered as follows: SECTION 1. Policy and Findings. On February 17, 2022, the largest infant formula manufacturer in the coun- try—Abbott Nutrition—initiated a voluntary recall of several lines of powdered infant formula made at its Sturgis, Michigan facility, following concerns about bacterial contamination at the facility after four in- fants fell ill. This incident has combined with supply chain stress associated with effects of the coronavirus 2019 (COVID–19) pandemic to cause an acute disruption in the supply of infant formula in the United States. Adequate supply of infant formula is critical to the health and safety of the millions of children who de- pend on the formula for essential nutrition. The Fed- eral Government has worked in the last several months to address the shortfall in infant formula, but addi- tional measures are needed to ensure an adequate sup- ply of infant formula in the United States and thereby protect the health and well-being of our Nation’s chil- dren. This disruption threatens the continued functioning of the national infant formula supply chain, under- mining critical infrastructure that is essential to the national defense, including to national public health or safety. As the Abbott Nutrition recall shows, closure of a single formula-producing facility can severely disrupt the supply of formula nationwide. Accordingly, I here- by determine, pursuant to section 101 of the Act, that the ingredients necessary to manufacture infant for- mula meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)). SEC. 2. Ensuring the Continued Supply of Formula. (a) Notwithstanding Executive Order 13603 of March 16, 2012 (National Defense Resources Preparedness) [50 U.S.C. 4553 note], the authority of the President con- ferred by section 101 of the Act to require performance of contracts or orders (other than contracts of employ- ment) to promote the national defense over perform- ance of any other contracts or orders, to allocate mate- rials, services, and facilities as deemed necessary or ap- 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