50 U.S.C. § 4501 — Short title

Page 1102 TITLE 50—WAR AND NATIONAL DEFENSE § 4501 Sec. 4558. Voluntary agreements and plans of action for preparedness programs and expansion of production capacity and supply. 4559. Public participation in rulemaking. 4560. Employment of personnel; appointment poli- cies; nucleus executive reserve; use of con- fidential information by employees; print- ing and distribution of reports. 4561. Authorization of appropriations; availability of funds. 4562. Territorial application of chapter. 4563. Separability. 4564. Termination of chapter. 4565. Authority to review certain mergers, acquisi- tions, and takeovers. 4566. Prohibition on purchase of United States de- fense contractors by entities controlled by foreign governments. 4567. Defense Production Act Committee. 4568. Annual report on impact of offsets. TERMINATION DATE For termination of certain provisions of this chapter, see section 4564(a) of this title. Editorial Notes CODIFICATION Act Sept. 8, 1950, ch. 932, 64 Stat. 798, comprising this chapter, was formerly set out in the Appendix to this title, prior to the elimination of the Appendix to this title and the editorial reclassification of the Act as this chapter. For disposition of sections of the former Ap- pendix to this title, see Table II, set out preceding sec- tion 1 of this title. Chapter is comprised of the portions of act Sept. 8, 1950, ch. 932, as amended, that had not previously been repealed when the Act was editorially reclassified as this chapter. As enacted, this Act contained titles I through VII. Titles II, IV, V, and VI of the Act were re- pealed by Pub. L. 111–67, § 2(a)(2), Sept. 30, 2009, 123 Stat. 2007. Titles I, III, and VII of the Act have been codified in this chapter to appear as subchapters I to III, respec- tively. For complete classification of this Act to the Code, see Tables. § 4501. Short title This chapter, divided into subchapters, may be cited as ‘‘the Defense Production Act of 1950’’. (Sept. 8, 1950, ch. 932, § 1, 64 Stat. 798.) 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 Tables. CODIFICATION Section was formerly classified to section 2061 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–232, div. A, title XVII, § 1701, Aug. 13, 2018, 132 Stat. 2174, provided that: ‘‘This subtitle [subtitle A (§§ 1701–1728) of title XVII of div. A of Pub. L. 115–232, amending section 4565 of this title and enacting provi- sions set out as notes under section 4565 of this title] may be cited as the ‘Foreign Investment Risk Review Modernization Act of 2018’.’’ SHORT TITLE OF 2009 AMENDMENT Pub. L. 111–67, § 1(a), Sept. 30, 2009, 123 Stat. 2006, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Defense Production Act Reauthor- ization of 2009’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–367, § 1, Oct. 8, 2008, 122 Stat. 4026, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Defense Production Act Extension and Re- authorization of 2008’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–49, § 1(a), July 26, 2007, 121 Stat. 246, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Foreign Investment and National Security Act of 2007’.’’ SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–195, § 1, Dec. 19, 2003, 117 Stat. 2892, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Defense Production Act Reauthor- ization of 2003’.’’ SHORT TITLE OF 2001 AMENDMENT Pub. L. 107–47, § 1, Oct. 5, 2001, 115 Stat. 260, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 2001’.’’ SHORT TITLE OF 1995 AMENDMENT Pub. L. 104–64, § 1, Dec. 18, 1995, 109 Stat. 689, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1995’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–558, § 1(a), Oct. 28, 1992, 106 Stat. 4198, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Defense Production Act Amend- ments of 1992’.’’ SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–99, § 1, Aug. 17, 1991, 105 Stat. 487, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Defense Production Act Extension and Amendments of 1991’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–441, § 1, Oct. 3, 1986, 100 Stat. 1117, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1986’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–265, § 1, Apr. 17, 1984, 98 Stat. 149, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1984’.’’ SHORT TITLE OF 1980 AMENDMENT Pub. L. 96–294, title I, part A (§§ 101–107), § 101, June 30, 1980, 94 Stat. 617, provided that: ‘‘This part [see Tables for classification] may be cited as the ‘Defense Produc- tion Act Amendments of 1980’.’’ SHORT TITLE OF 1977 AMENDMENT Pub. L. 95–37, § 1, June 1, 1977, 91 Stat. 178, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Extension Amend- ments of 1977’.’’ SHORT TITLE OF 1975 AMENDMENT Pub. L. 94–152, § 1, Dec. 16, 1975, 89 Stat. 810, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1975’.’’ Page 1103 TITLE 50—WAR AND NATIONAL DEFENSE § 4502 SHORT TITLE OF 1974 AMENDMENT Pub. L. 93–426, § 1, Sept. 30, 1974, 88 Stat. 1166, pro- vided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Amend- ments of 1974’.’’ SHORT TITLE OF 1955 AMENDMENT Act Aug. 9, 1955, ch. 655, § 1, 69 Stat. 580, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1955’.’’ SHORT TITLE OF 1953 AMENDMENT Act June 30, 1953, ch. 171, § 1, 67 Stat. 129, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1953’.’’ SHORT TITLE OF 1952 AMENDMENT Act June 30, 1952, ch. 530, § 1, 66 Stat. 296, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1952’.’’ SHORT TITLE OF 1951 AMENDMENT Act July 31, 1951, ch. 275, § 1, 65 Stat. 131, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Defense Production Act Amendments of 1951’.’’ 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, eff. June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade. For delegation of certain authority of President under this chapter relating to national defense resource preparedness and statement of related policy, see Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16651, set out as a note under section 4553 of this title. § 4502. Declaration of policy (a) Findings Congress finds that— (1) the security of the United States is de- pendent on the ability of the domestic indus- trial base to supply materials and services for the national defense and to prepare for and re- spond to military conflicts, natural or man- caused disasters, or acts of terrorism within the United States; (2) to ensure the vitality of the domestic in- dustrial base, actions are needed— (A) to promote industrial resources pre- paredness in the event of domestic or foreign threats to the security of the United States; (B) to support continuing improvements in industrial efficiency and responsiveness; (C) to provide for the protection and res- toration of domestic critical infrastructure operations under emergency conditions; and (D) to respond to actions taken outside of the United States that could result in re- duced supplies of strategic and critical ma- terials, including energy, necessary for na- tional defense and the general economic well-being of the United States; (3) in order to provide for the national secu- rity, the national defense preparedness effort of the United States Government requires— (A) preparedness programs to respond to both domestic emergencies and inter- national threats to national defense; (B) measures to improve the domestic in- dustrial base for national defense; (C) the development of domestic produc- tive capacity to meet— (i) essential national defense needs that can result from emergency conditions; and (ii) unique technological requirements; and (D) the diversion of certain materials and facilities from ordinary use to national de- fense purposes, when national defense needs cannot otherwise be satisfied in a timely fashion; (4) to meet the requirements referred to in this subsection, this chapter provides the President with an array of authorities to shape national defense preparedness programs and to take appropriate steps to maintain and enhance the domestic industrial base; (5) in order to ensure national defense pre- paredness, it is necessary and appropriate to assure the availability of domestic energy sup- plies for national defense needs; (6) to further assure the adequate mainte- nance of the domestic industrial base, to the maximum extent possible, domestic energy supplies should be augmented through reliance on renewable energy sources (including solar, geothermal, wind, and biomass sources), more efficient energy storage and distribution tech- nologies, and energy conservation measures; (7) much of the industrial capacity that is relied upon by the United States Government for military production and other national de- fense purposes is deeply and directly influ- enced by— (A) the overall competitiveness of the in- dustrial economy of the United States; and (B) the ability of industries in the United States, in general, to produce internation- ally competitive products and operate prof- itably while maintaining adequate research and development to preserve competitive- ness with respect to military and civilian production; and (8) the inability of industries in the United States, especially smaller subcontractors and suppliers, to provide vital parts and compo- nents and other materials would impair the ability to sustain the Armed Forces of the United States in combat for longer than a short period. (b) Statement of policy It is the policy of the United States that— (1) to ensure the adequacy of productive ca- pacity and supply, Federal departments and agencies that are responsible for national de- fense acquisition should continuously assess the capability of the domestic industrial base to satisfy production requirements under both peacetime and emergency conditions, specifi- cally evaluating the availability of adequate production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel; (2) every effort should be made to foster co- operation between the defense and commercial