Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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title_number: 50
title_name: "WAR AND NATIONAL DEFENSE"
chapter_number: "55"
chapter_name: "DEFENSE PRODUCTION"
section: "4501"
citation: "50 U.S.C. § 4501"
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# 50 U.S.C. § 4501 - Short title
## Text
This chapter, divided into subchapters, may be cited as “the Defense Production Act of 1950”.
(Sept. 8, 1950, ch. 932, § 1, 64 Stat. 798.)
## Notes
Editorial Notes
References in TextThis 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 reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Short Title of 2018 AmendmentPub. L. 115232, div. A, title XVII, § 1701, Aug. 13, 2018, 132 Stat. 2174, provided that: “This subtitle [subtitle A (§§ 17011728) of title XVII of div. A of Pub. L. 115232, amending section 4565 of this title and enacting provisions 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 AmendmentPub. L. 11167, § 1(a), Sept. 30, 2009, 123 Stat. 2006, provided that: “This Act [see Tables for classification] may be cited as the Defense Production Act Reauthorization of 2009.”
Short Title of 2008 AmendmentPub. L. 110367, § 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 Reauthorization of 2008.”
Short Title of 2007 AmendmentPub. L. 11049, § 1(a), July 26, 2007, 121 Stat. 246, provided that: “This Act [see Tables for classification] may be cited as the Foreign Investment and National Security Act of 2007.”
Short Title of 2003 AmendmentPub. L. 108195, § 1, Dec. 19, 2003, 117 Stat. 2892, provided that: “This Act [see Tables for classification] may be cited as the Defense Production Act Reauthorization of 2003.”
Short Title of 2001 AmendmentPub. L. 10747, § 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 AmendmentPub. L. 10464, § 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 AmendmentPub. L. 102558, § 1(a), Oct. 28, 1992, 106 Stat. 4198, provided that: “This Act [see Tables for classification] may be cited as the Defense Production Act Amendments of 1992.”
Short Title of 1991 AmendmentPub. L. 10299, § 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 AmendmentPub. L. 99441, § 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 AmendmentPub. L. 98265, § 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 AmendmentPub. L. 96294, title I, part A (§§ 101107), § 101, June 30, 1980, 94 Stat. 617, provided that: “This part [see Tables for classification] may be cited as the Defense Production Act Amendments of 1980.”
Short Title of 1977 AmendmentPub. L. 9537, § 1, June 1, 1977, 91 Stat. 178, provided: “That this Act [see Tables for classification] may be cited as the Defense Production Act Extension Amendments of 1977.”
Short Title of 1975 AmendmentPub. L. 94152, § 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.”
Short Title of 1974 AmendmentPub. L. 93426, § 1, Sept. 30, 1974, 88 Stat. 1166, provided: “That this Act [see Tables for classification] may be cited as the Defense Production Act Amendments of 1974.”
Short Title of 1955 AmendmentAct 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 AmendmentAct 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 AmendmentAct 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 AmendmentAct 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 Energy, 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.
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# 50 U.S.C. § 4502 - Declaration of policy
## Text
(a) Findings Congress finds that—
(1) the security of the United States is dependent on the ability of the domestic industrial base to supply materials and services for the national defense and to prepare for and respond to military conflicts, natural or man-caused disasters, or acts of terrorism within the United States;
(2) to ensure the vitality of the domestic industrial base, actions are needed—
(A) to promote industrial resources preparedness 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 restoration of domestic critical infrastructure operations under emergency conditions; and
(D) to respond to actions taken outside of the United States that could result in reduced supplies of strategic and critical materials, including energy, necessary for national defense and the general economic well-being of the United States;
(3) in order to provide for the national security, the national defense preparedness effort of the United States Government requires—
(A) preparedness programs to respond to both domestic emergencies and international threats to national defense;
(B) measures to improve the domestic industrial base for national defense;
(C) the development of domestic productive 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 defense 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 preparedness, it is necessary and appropriate to assure the availability of domestic energy supplies for national defense needs;
(6) to further assure the adequate maintenance 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 technologies, 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 defense purposes is deeply and directly influenced by—
(A) the overall competitiveness of the industrial economy of the United States; and
(B) the ability of industries in the United States, in general, to produce internationally competitive products and operate profitably while maintaining adequate research and development to preserve competitiveness 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 components 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 capacity and supply, Federal departments and agencies that are responsible for national defense acquisition should continuously assess the capability of the domestic industrial base to satisfy production requirements under both peacetime and emergency conditions, specifically 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 cooperation between the defense and commercial sectors for research and development and for acquisition of materials, components, and equipment;
(3) plans and programs to carry out the purposes of this chapter should be undertaken with due consideration for promoting efficiency and competition;
(4) in providing United States Government financial assistance under this chapter to correct a domestic industrial base shortfall, the President should give consideration to the creation or maintenance of production sources that will remain economically viable after such assistance has ended;
(5) authorities under this chapter should be used to reduce the vulnerability of the United States to terrorist attacks, and to minimize the damage and assist in the recovery from terrorist attacks that occur in the United States;
(6) in order to ensure productive capacity in the event of an attack on the United States, the United States Government should encourage the geographic dispersal of industrial facilities in the United States to discourage the concentration of such productive facilities within limited geographic areas that are vulnerable to attack by an enemy of the United States;
(7) to ensure that essential national defense requirements are met, consideration should be given to stockpiling strategic materials, to the extent that such stockpiling is economical and feasible; and
(8) in the construction of any industrial facility owned by the United States Government, in the rendition of any financial assistance by the United States Government for the construction, expansion, or improvement of any industrial facility, and in the production of goods and services, under this chapter or any other provision of law, each department and agency of the United States Government should apply, under the coordination of the Federal Emergency Management Agency, when practicable and consistent with existing law and the desirability for maintaining a sound economy, the principle of geographic dispersal of such facilities in the interest of national defense.
(Sept. 8, 1950, ch. 932, § 2, 64 Stat. 798; June 30, 1953, ch. 171, § 2, 67 Stat. 129; Aug. 9, 1955, ch. 655, § 2, 69 Stat. 580; June 29, 1956, ch. 474, § 4, 70 Stat. 408; Pub. L. 96294, title I, § 102, June 30, 1980, 94 Stat. 617; Pub. L. 102558, title I, § 101, Oct. 28, 1992, 106 Stat. 4199; Pub. L. 11167, § 3(a), Sept. 30, 2009, 123 Stat. 2007.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a)(4) and (b), 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 2062 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments2009—Pub. L. 11167 amended section generally, substituting provisions relating to findings and statement of policy with respect to the domestic industrial base for former findings and statement of policy concerning development of national security industrial and technology base. 1992—Pub. L. 102558 amended section generally, substituting provisions relating to findings and statement of policy, for provisions stating that mobilization effort continued to require diversion of materials and facilities from civilian to military use, and to require development of preparedness programs and expansion of productive capacity and supply, in order to reduce time required for full mobilization in case of attack on the United States or to respond to actions occurring outside the United States resulting in termination or reduction of availability of strategic materials, including energy, and provisions stating policy of Congress was to encourage geographical dispersal of industrial facilities, and requiring executive branch departments and agencies to apply principle of geographical dispersal in construction of such facilities. 1980—Pub. L. 96294 inserted provisions relating to preparedness respecting termination or reduction in availability of strategic and critical materials, including energy, and domestic energy supplies for national defense needs. 1956—Act June 29, 1956, inserted paragraph relating to encouragement of the geographical dispersal of the industrial facilities of the United States. 1955—Act Aug. 9, 1955, provided that mobilization effort requires development of preparedness programs and expansion of productive capacity and supply in order to reduce time required for full mobilization. 1953—Act June 30, 1953, amended section generally to make it conform to the more limited scope of this chapter.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentPub. L. 102558, title III, § 304, Oct. 28, 1992, 106 Stat. 4226, provided that: “This Act [see Tables for classification] and the amendments made by this Act shall be deemed to have become effective on March 1, 1992, except as otherwise specifically provided in this Act.”
Effective Date of 1980 AmendmentPub. L. 96294, title I, § 107, June 30, 1980, 94 Stat. 633, provided that: “The amendments made by this part [part A (§§ 101107) of title I of Pub. L. 96294, see Tables for classification] shall take effect on the date of the enactment of this part [June 30, 1980].”
Effective Date of 1955 AmendmentAct Aug. 9, 1955, ch. 655, § 11, 69 Stat. 583, provided that: “The provisions of this Act [see Tables for classification] shall take effect as of the close of July 31, 1955.”
Domestic Minerals Program ExtensionAct Aug. 7, 1953, ch. 339, 67 Stat. 417, provided: “That this Act may be cited as the Domestic Minerals Program Extension Act of 1953. “DECLARATION OF POLICY “Sec. 2. It is recognized that the continued dependence on overseas sources of supply for strategic or critical minerals and metals during periods of threatening world conflict or of political instability within those nations controlling the sources of supply of such materials gravely endangers the present and future economy and security of the United States. It is therefore declared to be the policy of the Congress that each department and agency of the Federal Government charged with responsibilities concerning the discovery, development, production, and acquisition of strategic or critical minerals and metals shall undertake to decrease further and to eliminate where possible the dependency 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 domestic production of tungsten, manganese, chromite, mica, asbestos, beryl, and columbium-tantalum-bearing ores and concentrates and established by regulations issued pursuant to the Defense Production Act of 1950, as amended [50 U.S.C. 4501 et seq.], shall be extended an additional two years: Provided, That this section 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 delivered 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 established pursuant to Public Law 774 (Eighty-first Congress) [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 requirements, 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 Appendix 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.]
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# 50 U.S.C. § 4512 - Hoarding of designated scarce materials
## Text
In order to prevent hoarding, no person shall accumulate (1) in excess of the reasonable demands of business, personal, or home consumption, 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 accumulation. 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 making such designations the President may prescribe such conditions with respect to the accumulation of materials in excess of the reasonable demands of business, personal, or home consumption 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.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis 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 reclassification and renumbering as this section.
Amendments1951—Act July 31, 1951, authorized President to prescribe conditions and exceptions allowing maintenance of substantial inventories of critical materials in certain cases.
Executive Documents
Delegation of Functions Authorities of President under this section with respect to health and medical resources needed to respond to the spread of COVID19 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 Energy, 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 necessary to respond to the spread of COVID19 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 300hh3 of Title 42, The Public Health and Welfare.
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# 50 U.S.C. § 4513 - Penalties
## Text
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.)
## Notes
Termination of SectionFor 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 reclassification and renumbering as this section.
@@ -0,0 +1,55 @@
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# 50 U.S.C. § 4514 - Limitation on actions without congressional authorization
## Text
(a) Wage or price controls No provision of this chapter shall be interpreted 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 exercised or interpreted to require action or compliance by any private person to assist in any way in the production of or other involvement in chemical or biological warfare capabilities, unless authorized by the President (or the Presidents designee who is serving in a position at level I of the Executive Schedule in accordance with section 5312 of title 5) without further redelegation.
(Sept. 8, 1950, ch. 932, title I, § 104, as added Pub. L. 102558, title I, § 112, Oct. 28, 1992, 106 Stat. 4202.)
## Notes
Editorial Notes
References in TextThis 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 section 4501 of this title and Tables.
Codification Section was formerly classified to section 2074 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 104 of act Sept. 8, 1950, ch. 932, title I, as added July 31, 1951, ch. 275, title I, § 101(c), 65 Stat. 132; amended June 30, 1952, ch. 530, § 103, 66 Stat. 297, related to limitations on imports of fats and oils, prior to termination at close of June 30, 1953, pursuant to section 4564(a) of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102558, set out as an Effective Date of 1992 Amendment note under section 4502 of this title.
Executive Documents
Delegation of Authority Authority of President under subsec. (b) of this section delegated to Secretary of Defense, without authority to redelegate, by section 204 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16653, set out as a note under section 4553 of this title.
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# 50 U.S.C. § 4515 - Presidential power to ration gasoline among classes of end-users unaffected
## Text
Nothing in this chapter shall be construed to authorize the President to institute, without the approval of the Congress, a program for the rationing of gasoline among classes of end-users.
(Sept. 8, 1950, ch. 932, title I, § 105, as added Pub. L. 96294, title I, § 103, June 30, 1980, 94 Stat. 617.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis 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 2075 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective June 30, 1980, see section 107 of Pub. L. 96294, set out as an Effective Date of 1980 Amendment note under section 4502 of this title.
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# 50 U.S.C. § 4516 - Designation of energy as a strategic and critical material
## Text
For purposes of this chapter, “energy” shall be designated as a “strategic and critical material” after June 30, 1980: Provided, That no provision of this chapter shall, by virtue of such designation 11 So in original. Probably should be followed by a comma. grant any new direct or indirect authority to the President for the mandatory allocation or pricing of any fuel or feedstock (including, but not limited to, crude oil, residual fuel oil, any refined petroleum product, natural gas, or coal) or electricity or any other form of energy.
(Sept. 8, 1950, ch. 932, title I, § 106, as added Pub. L. 96294, title I, § 103, June 30, 1980, 94 Stat. 617; amended Pub. L. 11167, § 5, Sept. 30, 2009, 123 Stat. 2009.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis 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 2076 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments2009—Pub. L. 11167 substituted “such designation” for “such designation—” and “energy.” for “energy; or”, struck out par. (1) designation before “grant any new direct or indirect authority to the President for”, and struck out par. (2) which read as follows: “grant any new direct or indirect authority to the President to engage in the production of energy in any manner whatsoever (such as oil and gas exploration and development, or any energy facility construction), except as expressly provided in sections 305 and 306 [of act Sept. 8, 1950, ch. 932] for synthetic fuel production.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective June 30, 1980, see section 107 of Pub. L. 96294, set out as an Effective Date of 1980 Amendment note under section 4502 of this title.
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# 50 U.S.C. § 4517 - Strengthening domestic capability
## Text
(a) In general Utilizing the authority of subchapter II of this chapter or any other provision of law, the President may provide appropriate incentives to develop, 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.
(b) Critical components and critical technology items (1) Maintenance of reliable sources of supply The President shall take appropriate actions to assure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency.
(2) Appropriate action For purposes of this subsection, appropriate action may include—
(A) restricting contract solicitations to reliable sources;
(B) restricting contract solicitations to domestic sources pursuant to—
(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10;
(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41; or
(iii) other statutory authority;
(C) stockpiling critical components; and
(D) developing substitutes for a critical component or a critical technology item.
(Sept. 8, 1950, ch. 932, title I, § 107, as added Pub. L. 102558, title I, § 111, Oct. 28, 1992, 106 Stat. 4201; amended Pub. L. 11167, § 6, Sept. 30, 2009, 123 Stat. 2009; Pub. L. 11781, div. A, title XVII, § 1702(k)(4), Dec. 27, 2021, 135 Stat. 2160.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
Codification Section was formerly classified to section 2077 of the former Appendix to this title prior to editorial reclassification and renumbering as this section. In subsec. (b)(2)(B)(ii), “section 3303(a)(1)(B) of title 41 or section 3304(a)(3) of title 41” substituted for “section 303(b)(1)(B) or section 303(c)(3) of the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments2021—Subsec. (b)(2)(B)(i), (ii). Pub. L. 11781, § 1702(k)(4), which directed the amendment of section 107(b)(2)(B) of the Defense Production Act by adding cls. (i) and (ii) and striking out former cls. (i) and (ii), was executed by making amendments to this section, section 107(b)(2)(B) of the Defense Production Act of 1950, to reflect the probable intent of Congress. Prior to amendment, cls. (i) and (ii) read as follows: “(i) section 2304(b)(1)(B) or section 2304(c)(3) of title 10; “(ii) section 3303(a)(1)(B) of title 41 or section 3304(a)(3) of title 41; or”. 2009—Subsec. (a). Pub. L. 11167, § 6(1), inserted “restore,” after “modernize,” and “materials,” after “items,”. Subsec. (b). Pub. L. 11167, § 6(2)(A), (B), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “(A) In general.—The President, acting through the Secretary of Defense, shall identify critical components and critical technology items for each item on the Critical Items List of the Commanders-in-Chief of the Unified and Specified Commands and other items within the inventory of weapon systems and defense equipment. “(B) Definition.—Any component identified as critical by a National Security Assessment conducted pursuant to section 113(i) of title 10 or by a Presidential determination as a result of a petition filed under section 1862 of title 19 shall be designated as a critical component for purposes of this chapter, unless the President determines that the designation is unwarranted.” Subsec. (b)(1). Pub. L. 11167, § 6(2)(C), substituted “, critical technology items, essential materials, and industrial resources” for “or critical technology items”.
Statutory Notes and Related Subsidiaries
Effective DateSection deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102558, set out as an Effective Date of 1992 Amendment note under section 4502 of this title.
Executive Documents
Delegation of Functions Authorities of President under this section with respect to responding to the spread of COVID19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Security, see section 4(a) 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 the President under this chapter relating to the production, conservation, use, control, distribution, and allocation of energy, delegated to the Secretary of Energy, 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 authority of President under subsecs. (a) and (b)(1) of this section, see sections 310 and 311 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16655, set out as a note under section 4553 of this title.
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# 50 U.S.C. § 4518 - Modernization of small business suppliers
## Text
(a) In general In providing any assistance under this chapter, the President shall accord a strong preference for small business concerns which are subcontractors or suppliers, and, to the maximum extent practicable, to such small business concerns located in areas of high unemployment or areas that have demonstrated a continuing pattern of economic decline, as identified by the Secretary of Labor.
(b) Modernization of equipment (1) In general Funds authorized under subchapter II may be used to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of this chapter.
(2) Small business suppliers In considering proposals for subchapter II projects under paragraph (1), the President shall provide a strong preference for proposals submitted by a small business supplier or subcontractor whose proposal—
(A) has the support of the department or agency which will provide the guarantee;
(B) reflects that the small business concern has made arrangements to obtain qualified outside assistance to support the effective utilization of the advanced manufacturing equipment being proposed for installation; and
(C) meets the requirements of section 4531, 4532, or 4533 of this title.
(Sept. 8, 1950, ch. 932, title I, § 108, as added Pub. L. 102558, title I, § 111, Oct. 28, 1992, 106 Stat. 4202.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (b)(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 section 4501 of this title and Tables.
Codification Section was formerly classified to section 2078 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102558, set out as an Effective Date of 1992 Amendment note under section 4502 of this title.
Executive Documents
Delegation of Functions Functions of the President under this chapter relating to the production, conservation, use, control, distribution, and allocation of energy, delegated to the Secretary of Energy, 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.
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# 50 U.S.C. § 4531 - Presidential authorization for the national defense
## Text
(a) Expediting production and deliveries or services (1) Authorized activities To reduce current or projected shortfalls of industrial resources, critical technology items, or essential materials needed for national defense purposes, subject to such regulations as the President may prescribe, the President may authorize a guaranteeing agency to provide guarantees of loans by private institutions for the purpose of financing any contractor, subcontractor, provider of critical infrastructure, or other person in support of production capabilities or supplies that are deemed by the guaranteeing agency to be necessary to create, maintain, expedite, expand, protect, or restore production and deliveries or services essential to the national defense.
(2) Presidential determinations required Except during a period of national emergency declared by Congress or the President, a loan guarantee may be entered into under this section only if the President determines that—
(A) the loan guarantee is for an activity that supports the production or supply of an industrial resource, critical technology item, or material that is essential for national defense purposes;
(B) without a loan guarantee, credit is not available to the loan applicant under reasonable terms or conditions sufficient to finance the activity;
(C) the loan guarantee is the most cost effective, expedient, and practical alternative for meeting the needs of the Federal Government;
(D) the prospective earning power of the loan applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed;
(E) the loan to be guaranteed bears interest at a rate determined by the Secretary of the Treasury to be reasonable, taking into account the then-current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan;
(F) the loan agreement for the loan to be guaranteed provides that no provision of the loan agreement may be amended or waived without the consent of the fiscal agent of the United States for the guarantee; and
(G) the loan applicant has provided or will provide—
(i) an assurance of repayment, as determined by the President; and
(ii) security—
(I) in the form of a performance bond, insurance, collateral, or other means acceptable to the fiscal agent of the United States; and
(II) in an amount equal to not less than 20 percent of the amount of the loan.
(3) Limitations on loans Loans under this section may be—
(A) made or guaranteed under the authority of this section only to the extent that an appropriations Act—
(i) provides, in advance, budget authority for the cost of such guarantees, as defined in section 661a of title 2; and
(ii) establishes a limitation on the total loan principal that may be guaranteed; and
(B) made without regard to the limitations of existing law, other than section 1341 of title 31.
(b) Fiscal agents of the United States (1) In general Any Federal agency or any Federal reserve bank, when designated by the President, is hereby authorized to act, on behalf of any guaranteeing agency, as fiscal agent of the United States in the making of such contracts of guarantee and in otherwise carrying out the purposes of this section.
(2) Funds All such funds as may be necessary to enable any fiscal agent described in paragraph (1) to carry out any guarantee made by it on behalf of any guaranteeing agency shall be supplied and disbursed by or under authority from such guaranteeing agency.
(3) Limit on liability No fiscal agent described in paragraph (1) shall have any responsibility or accountability, except as agent in taking any action pursuant to or under authority of this section.
(4) Reimbursements Each fiscal agent described in paragraph (1) shall be reimbursed by each guaranteeing agency for all expenses and losses incurred by such fiscal agent in acting as agent on behalf of such guaranteeing agency, including, notwithstanding any other provision of law, attorneys fees and expenses of litigation.
(c) Oversight (1) In general All actions and operations of fiscal agents under authority of or pursuant to this section shall be subject to the supervision of the President, and to such regulations as the President may prescribe.
(2) Other authority The President is authorized to prescribe—
(A) either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with loans, discounts, advances, or commitments guaranteed by the guaranteeing agencies through fiscal agents under this section; and
(B) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection with such guarantees.
(d) Aggregate guarantee amounts (1) Industrial resource and critical technology shortfalls (A) In general If the making of any guarantee or obligation of the Federal Government under this subchapter relating to a domestic industrial base shortfall would cause the aggregate outstanding amount of all guarantees for such shortfall to exceed $50,000,000, any such guarantee may be made only—
(i) if the President has notified the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives in writing of the proposed guarantee; and
(ii) after the 30-day period following the date on which notice under clause (i) is provided.
(B) Waivers authorized The requirements of subparagraph (A) may be waived—
(i) during a period of national emergency declared by Congress or the President; or
(ii) upon a determination by the President, on a nondelegable basis, that a specific guarantee is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability.
(2) Other limitations The authority conferred by this section shall not be used primarily to prevent the financial insolvency or bankruptcy of any person, unless—
(A) the President certifies that the insolvency or bankruptcy would have a direct and substantially adverse effect upon national defense production; and
(B) a copy of the certification under subparagraph (A), together with a detailed justification thereof, is transmitted to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives not later than 10 days prior to the exercise of that authority for such use.
(Sept. 8, 1950, ch. 932, title III, § 301, as added Pub. L. 11167, § 7, Sept. 30, 2009, 123 Stat. 2010.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
Codification Section was formerly classified to section 2091 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 301 of act Sept. 8, 1950, ch. 932, title III, 64 Stat. 800; June 30, 1953, ch. 171, § 4, 67 Stat. 129; Pub. L. 91379, title I, § 104, Aug. 15, 1970, 84 Stat. 799; Pub. L. 96294, title I, § 104(a), (b), June 30, 1980, 94 Stat. 618; Pub. L. 98265, §§ 3(a), 4(a), Apr. 17, 1984, 98 Stat. 149, 150; Pub. L. 102558, title I, §§ 121(a), 141, Oct. 28, 1992, 106 Stat. 4203, 4217; Pub. L. 10747, § 4(1)(3), (5), Oct. 5, 2001, 115 Stat. 260, related to loan guarantees, prior to the general amendment of title III of this Act by Pub. L. 11167.
Statutory Notes and Related Subsidiaries
Legislative Waiver of Loan LimitationsPub. L. 116136, div. B, title III, Mar. 27, 2020, 134 Stat. 520, provided in part: “That for the two-year period beginning with the date of enactment of this Act [Mar. 27, 2020], the requirements described in Section [sic] 301(a)(3)(A) and 302(c)(1) of Public Law 81774 [50 U.S.C. 4531(a)(3)(A), 4532(c)(1)], shall be waived”.
Limitation on Cancellation of Designation of Secretary of the Air Force as Department of Defense Executive AgentPub. L. 115232, div. A, title XVII, § 1792, Aug. 13, 2018, 132 Stat. 2238, which provided the Secretary of Defense could not implement the decision, issued on July 1, 2017, to cancel the designation, under Department of Defense Directive 4400.01E, entitled “Defense Production Act Programs” and dated October 12, 2001, of the Secretary of the Air Force as the Department of Defense Executive Agent for the program carried out under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) until the date of the enactment of a joint resolution or an Act approving the implementation of such decision, was repealed by Pub. L. 11960, div. A, title VIII, § 862, Dec. 18, 2025, 139 Stat. 989. Pub. L. 11591, div. A, title II, § 226, Dec. 12, 2017, 131 Stat. 1335, as amended by Pub. L. 117263, div. A, title II, § 214, Dec. 23, 2022, 136 Stat. 2471, which provided the Secretary of Defense could not implement the decision, issued on July 1, 2017, to cancel the designation, under Department of Defense Directive 4400.1E, entitled “Defense Production Act Programs” and dated October 12, 2001, of the currently assigned Department of Defense Executive Agent for the program carried out under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) until the Secretary had completed required review and assessment and carried out required briefing, was repealed by Pub. L. 11960, div. A, title VIII, § 862, Dec. 18, 2025, 139 Stat. 989.
Executive Documents
Delegation of Functions Authority of President under this section with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to the Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining. Authority of President under this section with respect to responding to the spread of COVID19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Security, see section 2 of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, 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 Energy, 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 authority of President under subsec. (a)(2) of this section, see section 305(a) of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16654, set out as a note under section 4553 of this title.
Executive Waiver of Loan LimitationsRequirements of subsecs. (a)(2) and (d)(1)(A) of this section waived during the national emergency declared by Proc. No. 9994, Mar. 13, 2020, 85 F.R. 15337, set out as a note under section 1621 of this title, see section 2(c) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18404, set out as a note under section 4511 of this title.
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# 50 U.S.C. § 4533 - Other presidential action authorized
## Text
(a) In general (1) In general To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the President may make provision—
(A) for purchases of or commitments to purchase an industrial resource or a critical technology item, for Government use or resale;
(B) for the encouragement of exploration, development, and mining of critical and strategic materials, and other materials;
(C) for the development of production capabilities; and
(D) for the increased use of emerging technologies in security program applications and the rapid transition of emerging technologies—
(i) from Government-sponsored research and development to commercial applications; and
(ii) from commercial research and development to national defense applications.
(2) Treatment of certain agricultural commodities A purchase for resale under this subsection shall not include that part of the supply of an agricultural commodity which is domestically produced, except to the extent that such domestically produced supply may be purchased for resale for industrial use or stockpiling.
(3) Terms of sales No commodity purchased under this subsection shall be sold at less than—
(A) the established ceiling price for such commodity, except that minerals, metals, and materials shall not be sold at less than the established ceiling price, or the current domestic market price, whichever is lower; or
(B) if no ceiling price has been established, the higher of—
(i) the current domestic market price for such commodity; or
(ii) the minimum sale price established for agricultural commodities owned or controlled by the Commodity Credit Corporation, as provided in section 1427 of title 7.
(4) Delivery dates No purchase or commitment to purchase any imported agricultural commodity shall specify a delivery date which is more than 1 year after the date of termination of this section.
(5) Presidential determinations Except as provided in paragraph (7), the President may not execute a contract under this subsection unless the President, on a non-delegable basis, determines, with appropriate explanatory material and in writing, that—
(A) the industrial resource, material, or critical technology item is essential to the national defense;
(B) without Presidential action under this section, United States industry cannot reasonably be expected to provide the capability for the needed industrial resource, material, or critical technology item in a timely manner; and
(C) purchases, purchase commitments, or other action pursuant to this section are the most cost effective, expedient, and practical alternative method for meeting the need.
(6) Notification to Congress of shortfall (A) In general Except as provided in paragraph (7), the President shall provide written notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of a domestic industrial base shortfall prior to taking action under this subsection to remedy the shortfall. The notice shall include the determinations made by the President under paragraph (5).
(B) Aggregate amounts If the taking of any action under this subsection to correct a domestic industrial base shortfall would cause the aggregate outstanding amount of all such actions for such shortfall to exceed $50,000,000, the action or actions may be taken only after the 30-day period following the date on which the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives have been notified in writing of the proposed action.
(C) Limitation If the taking of any action or actions under this section to correct an industrial resource shortfall would cause the aggregate outstanding amount of all such actions for such industrial resource shortfall to exceed $50,000,000, no such action or actions may be taken, unless such action or actions are authorized to exceed such amount by an Act of Congress.
(7) Waivers authorized The requirements of paragraphs (1) through (6) may be waived—
(A) during a period of national emergency declared by the Congress or the President; or
(B) upon a determination by the President, on a nondelegable basis, that action is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability.
(b) Exemption for certain limitations Subject to the limitations in subsection (a), purchases and commitments to purchase and sales under subsection (a) may be made without regard to the limitations of existing law (other than section 1341 of title 31), for such quantities, and on such terms and conditions, including advance payments, and for such periods, but not extending beyond a date that is not more than 10 years from the date on which such purchase, purchase commitment, or sale was initially made, as the President deems necessary, except that purchases or commitments to purchase involving higher than established ceiling prices (or if no such established ceiling prices exist, currently prevailing market prices) or anticipated loss on resale shall not be made, unless it is determined that supply of the materials could not be effectively increased at lower prices or on terms more favorable to the Government, or that such purchases are necessary to assure the availability to the United States of overseas supplies.
(c) Presidential findings (1) In general The President may take the actions described in paragraph (2), if the President finds that—
(A) under generally fair and equitable ceiling prices, for any raw or nonprocessed material, there will result a decrease in supplies from high-cost sources of such material, and that the continuation of such supplies is necessary to carry out the objectives of this subchapter; or
(B) an increase in cost of transportation is temporary in character and threatens to impair maximum production or supply in any area at stable prices of any materials.
(2) Subsidy payments authorized Upon a finding under paragraph (1), the President may make provision for subsidy payments on any such domestically produced material, other than an agricultural commodity, in such amounts and in such manner (including purchases of such material and its resale at a loss), and on such terms and conditions, as the President determines to be necessary to ensure that supplies from such high-cost sources are continued, or that maximum production or supply in such area at stable prices of such materials is maintained, as the case may be.
(d) Incidental authority The procurement power granted to the President by this section shall include the power to transport and store and have processed and refined any materials procured under this section.
(e) Installation of equipment in industrial facilities (1) Installation authorized If the President determines that such action will aid the national defense, the President is authorized—
(A) to procure and install additional equipment, facilities, processes or improvements to plants, factories, and other industrial facilities owned by the Federal Government;
(B) to procure and install equipment owned by the Federal Government in plants, factories, and other industrial facilities owned by private persons;
(C) to provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under section 4531 of this title, 4532 of this title, or this section; and
(D) to sell or otherwise transfer equipment owned by the Federal Government and installed under this subsection to the owners of such plants, factories, or other industrial facilities.
(2) Indemnification The owner of any plant, factory, or other industrial facility that receives equipment owned by the Federal Government under this section shall agree—
(A) to waive any claim against the United States under section 9607 or 9613 of title 42; and
(B) to indemnify the United States against any claim described in paragraph (1) made by a third party that arises out of the presence or use of equipment owned by the Federal Government.
(f) Excess metals, minerals, and materials (1) In general Notwithstanding any other provision of law to the contrary, metals, minerals, and materials acquired pursuant to this section which, in the judgment of the President, are excess to the needs of programs under this chapter, shall be transferred to the National Defense Stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), when the President deems such action to be in the public interest.
(2) Transfers at no charge Transfers made pursuant to this subsection shall be made without charge against or reimbursement from funds appropriated for the purposes of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), except that costs incident to such transfer, other than acquisition costs, shall be paid or reimbursed from such funds.
(g) Substitutes When, in the judgement of the President, it will aid the national defense, the President may make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other industrial resources.
(Sept. 8, 1950, ch. 932, title III, § 303, as added Pub. L. 11167, § 7, Sept. 30, 2009, 123 Stat. 2013; amended Pub. L. 113172, § 4(a), Sept. 26, 2014, 128 Stat. 1897.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis chapter, referred to in subsec. (f)(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 section 4501 of this title and Tables. The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (f), is act June 7, 1939, ch. 190, as revised generally by Pub. L. 9641, § 2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (§ 98 et seq.) of chapter 5 of this title. For complete classification of this Act to the Code, see section 98 of this title and Tables.
Codification Section was formerly classified to section 2093 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 303 of act Sept. 8, 1950, ch. 932, title III, 64 Stat. 801; July 31, 1951, ch. 275, title I, § 103(a), 65 Stat. 133; June 30, 1953, ch. 171, §§ 5, 6, 67 Stat. 130; Aug. 9, 1955, ch. 655, § 3, 69 Stat. 580; June 29, 1956, ch. 474, § 2, 70 Stat. 408; Pub. L. 88343, § 2, June 30, 1964, 78 Stat. 235; Pub. L. 92325, § 1, June 30, 1972, 86 Stat. 390; Pub. L. 94273, § 2(29), Apr. 21, 1976, 90 Stat. 376; Pub. L. 9641, § 3(c), July 30, 1979, 93 Stat. 325; Pub. L. 96294, title I, § 104(d), June 30, 1980, 94 Stat. 618; Pub. L. 98265, §§ 3(c), 4(c), Apr. 17, 1984, 98 Stat. 150, 151; Pub. L. 102558, title I, § 121(c), (d), Oct. 28, 1992, 106 Stat. 4204, 4206; Pub. L. 10747, § 4(3), Oct. 5, 2001, 115 Stat. 260, related to purchase of raw materials and installation of equipment, prior to the general amendment of title III of this Act by Pub. L. 11167.
Amendments2014—Subsec. (a)(5). Pub. L. 113172, § 4(a)(1)(A), substituted “, on a non-delegable basis, determines, with appropriate explanatory material and in writing,” for “determines” in introductory provisions. Subsec. (a)(5)(C). Pub. L. 113172, § 4(a)(1)(B)(D), added subpar. (C). Subsec. (a)(6)(C). Pub. L. 113172, § 4(a)(2), added subpar. (C).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentPub. L. 113172, § 4(b), Sept. 26, 2014, 128 Stat. 1897, provided that: “Section 303(a)(6)(C) of the Defense Production Act of 1950 [50 U.S.C. 4533(a)(6)(C)], as added by subsection (a)(2), shall not apply to a project undertaken pursuant to a determination made before the date of the enactment of this Act [Sept. 26, 2014].”
Increasing Access to Materials Necessary for National Security and Pandemic RecoveryRequirement described in subsec. (a)(6)(B) of this section not applicable during the 1-year period beginning on Mar. 27, 2020, and requirement described in subsec. (a)(6)(C) of this section not applicable during the 2-year period beginning on Mar. 27, 2020, see section 4017 of Pub. L. 116136, set out as a note under section 4532 of this title.
Authorization To Take Actions To Correct the Industrial Resource Shortfall for High-Purity Beryllium MetalPub. L. 11184, div. A, title VIII, § 842, Oct. 28, 2009, 123 Stat. 2418, provided that: “Notwithstanding any limitation in section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) [now 50 U.S.C. 4533], an action may be taken under such section to correct an industrial resource shortfall or domestic industrial base shortfall for high-purity beryllium metal if such action does not cause the aggregate outstanding amount of all such actions for such shortfall to exceed $85,000,000.”
Resource Shortfall for Radiation-Hardened ElectronicsPub. L. 108195, § 3, Dec. 19, 2003, 117 Stat. 2892, provided that: “(a) In General.—Notwithstanding the limitation contained in [former] section 303(a)(6)(C) of the Defense Production Act of 1950 ([former] 50 U.S.C. App. 2093(a)(6)(C)), the President may take actions under section 303 of the Defense Production Act of 1950 to correct the industrial resource shortfall for radiation-hardened electronics, to the extent that such Presidential actions do not cause the aggregate outstanding amount of all such actions to exceed $200,000,000. “(b) Report by the Secretary.—Before the end of the 6-month period beginning on the date of the enactment of this Act [Dec. 19, 2003], the Secretary of Defense shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing—“(1) the current state of the domestic industrial base for radiation-hardened electronics; “(2) the projected requirements of the Department of Defense for radiation-hardened electronics; “(3) the intentions of the Department of Defense for the industrial base for radiation-hardened electronics; and “(4) the plans of the Department of Defense for use of providers of radiation-hardened electronics beyond the providers with which the Department had entered into contractual arrangements under the authority of the Defense Production Act of 1950 [50 U.S.C. 4501 et seq.], as of the date of the enactment of this Act.” Pub. L. 107314, div. A, title VIII, § 829, Dec. 2, 2002, 116 Stat. 2618, provided that: “Notwithstanding the limitation in [former] section 303(a)(6)(C) of the Defense Production Act of 1950 ([former] 50 U.S.C. App. 2093(a)(6)(C)), action or actions may be taken under section 303 of that Act to correct the industrial resource shortfall for radiation-hardened electronics, if such actions do not cause the aggregate outstanding amount of all such actions to exceed $106,000,000.”
Executive Documents
Delegation of Functions Authority of President under this section with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to Secretary of Defense, see section 6(b) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining. Authority of President under this section with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining. Authority of President under this section delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 2 of Ex. Ord. No. 13922, May 14, 2020, 85 F.R. 30583, set out as a note under section 4532 of this title. Authority of President under this section with respect to responding to the spread of COVID19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Security, see section 2 of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, 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 Energy, 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 303(a), 304, 305(b), and 306308 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16654, 16655, set out as a note under section 4553 of this title.
Executive Waiver of LimitationsRequirements of subsec. (a)(1) to (6) of this section waived during the national emergency declared by Proc. No. 9994, Mar. 13, 2020, 85 F.R. 15337, set out as a note under section 1621 of this title, see section 2(c) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18404, set out as a note under section 4511 of this title.
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# 50 U.S.C. § 4534 - Defense Production Act Fund
## Text
(a) Establishment of Fund There is established in the Treasury of the United States a separate fund to be known as the “Defense Production Act Fund” (in this section referred to as the “Fund”).
(b) Moneys in Fund There shall be credited to the Fund—
(1) all moneys appropriated for the Fund, as authorized by section 4561 of this title; and
(2) all moneys received by the Fund on transactions entered into pursuant to section 4533 of this title.
(c) Use of Fund The Fund shall be available to carry out the provisions and purposes of this subchapter, subject to the limitations set forth in this chapter and in appropriations Acts.
(d) Duration of Fund Moneys in the Fund shall remain available until expended.
(e) Fund balance The Fund balance at the close of each fiscal year shall not exceed $750,000,000, excluding any moneys appropriated to the Fund during that fiscal year or obligated funds. If, at the close of any fiscal year, the Fund balance exceeds $750,000,000, the amount in excess of $750,000,000 shall be paid into the general fund of the Treasury.
(f) Fund manager The President shall designate a Fund manager. The duties of the Fund manager shall include—
(1) determining the liability of the Fund in accordance with subsection (g);
(2) ensuring the visibility and accountability of transactions engaged in through the Fund; and
(3) reporting to the Congress each year regarding activities of the Fund during the previous fiscal year.
(g) Liabilities against Fund When any agreement entered into pursuant to this subchapter after December 31, 1991, imposes any contingent liability upon the United States, such liability shall be considered an obligation against the Fund.
(Sept. 8, 1950, ch. 932, title III, § 304, as added Pub. L. 11167, § 7, Sept. 30, 2009, 123 Stat. 2017.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis chapter, referred to in subsec. (c), 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 2094 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior ProvisionsA prior section 304, act Sept. 8, 1950, ch. 932, title III, 64 Stat. 802; June 2, 1951, ch. 121, Ch. XI, 65 Stat. 61; July 31, 1951, ch. 275, title I, § 103(b), (c), 65 Stat. 134; Pub. L. 86560, § 2, June 30, 1960, 74 Stat. 282; Pub. L. 88343, § 3, June 30, 1964, 78 Stat. 235; Pub. L. 93426, § 2, Sept. 30, 1974, 88 Stat. 1166; Pub. L. 102558, title I, § 122, Oct. 28, 1992, 106 Stat. 4206; Pub. L. 10747, § 4(4), Oct. 5, 2001, 115 Stat. 260, related to Defense Production Act Fund, was omitted in the general amendment of title III of the Act by Pub. L. 11167.
Statutory Notes and Related Subsidiaries
Increasing Access to Materials Necessary for National Security and Pandemic RecoveryRequirement described in subsec. (e) of this section not applicable during the 2-year period beginning on Mar. 27, 2020, see section 4017(1) of Pub. L. 116136, set out in a note under section 4532 of this title.
Defense Production Act Fund ManagerSecretary of Defense designated Defense Production Act Fund Manager in accordance with subsec. (f) of this section, see section 309 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16655, set out as a note under section 4553 of this title.
Executive Documents
Executive Order No. 12346 Ex. Ord. No. 12346, Feb. 8, 1982, 47 F.R. 5993, related to the transition of synthetic fuel responsibilities from the Department of Energy to the United States Synthetic Fuels Corporation, revoked Ex. Ord. No. 12242, and provided that the provisions of Ex. Ord. No. 12242 would continue in full force and effect with respect to any loan guarantee issued under its provisions.
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# 50 U.S.C. § 4535 - Reports on exercise of authorities
## Text
(a) In general The President, or the head of an agency to which the President has delegated authorities under this subchapter, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities—
(1) except as provided by paragraph (2), not later than 30 days after taking the action; and
(2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action.
(b) Elements (1) In general Each report and briefing required by subsection (a) with respect to an action described in that subsection shall include—
(A) a justification of the necessity of the use of authorities under this subchapter; and
(B) a description of the financial terms of any related financial transaction.
(2) Additional elements relating to business concerns in the United Kingdom or Australia Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)—
(A) a certification that business concerns in the United States or Canada were not available with respect to the action; and
(B) an analysis of why such business concerns were not available.
(c) Appropriate congressional committees defined In this section, the term “appropriate congressional committees” means—
(1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and
(2) in the case of an action described in subsection (a) involving materials critical to national security (as defined in section 4552(7)(B)(ii)(II)(bb) of this title), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
(Sept. 8, 1950, ch. 932, title III, § 305, as added Pub. L. 11831, div. A, title X, § 1080(b), Dec. 22, 2023, 137 Stat. 416.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 305 to 310 of act Sept. 8, 1950, ch. 932, were omitted in the general amendment of title III of the Act by Pub. L. 11167. Section 305, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 96294, title I, § 104(e), June 30, 1980, 94 Stat. 619; amended Pub. L. 107314, div. A, title X, § 1062(o)(3), Dec. 2, 2002, 116 Stat. 2653, related to synthetic fuel production. Section 306, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 96294, title I, § 104(e), June 30, 1980, 94 Stat. 623; amended Pub. L. 107314, div. A, title X, § 1062(o)(3), Dec. 2, 2002, 116 Stat. 2653, related to synthetic fuel production subsequent to determinations respecting a national energy supply shortage of defense fuels. Section 307, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 96294, title I, § 104(e), June 30, 1980, 94 Stat. 628; amended Pub. L. 102558, title I, § 151, Oct. 28, 1992, 106 Stat. 4218, related to synthetic fuel action. Section 308, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 96294, title I, § 104(e), June 30, 1980, 94 Stat. 631, related to definitions of “Government synthetic fuel project”, “synthetic fuel”, “synthetic fuel project”, and “United States”. Section 309, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 98265, § 6, Apr. 17, 1984, 98 Stat. 152; amended Pub. L. 99441, § 4, Oct. 3, 1986, 100 Stat. 1117; Pub. L. 102558, title I, § 124, Oct. 28, 1992, 106 Stat. 4207; Pub. L. 10747, § 4(5), Oct. 5, 2001, 115 Stat. 260, related to annual report on impact of offsets. See section 4568 of this title. Section 310, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 102558, title I, § 125, Oct. 28, 1992, 106 Stat. 4208, related to civil-military integration.
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# 50 U.S.C. § 4551 - Small business
## Text
(a) Participation Small business concerns shall be given the maximum practicable opportunity to participate as contractors, and subcontractors at various tiers, in all programs to maintain and strengthen the Nations industrial base and technology base undertaken pursuant to this chapter.
(b) Administration of chapter In administering the programs, implementing regulations, policies, and procedures under this chapter, requests, applications, or appeals from small business concerns shall, to the maximum extent practicable, be expeditiously handled.
(c) Advisory committee participation Representatives of small business concerns shall be afforded the maximum opportunity to participate in such advisory committees as may be established pursuant to this chapter.
(d) Information Information about this chapter and activities undertaken in accordance with this chapter shall be made available to small business concerns.
(e) Allocations under section 4511 Whenever the President makes a determination to exercise any authority to allocate any material pursuant to section 4511 of this title, small business concerns shall be accorded, to the extent practicable, a fair share of such material, in proportion to the share received by such business concerns under normal conditions, giving such special consideration as may be possible to emerging small business concerns.
(Sept. 8, 1950, ch. 932, title VII, § 701, 64 Stat. 815; July 31, 1951, ch. 275, title I, § 108, 65 Stat. 138; June 30, 1953, ch. 171, § 7, 67 Stat. 130; Aug. 9, 1955, ch. 655, §§ 4, 5, 69 Stat. 580; Pub. L. 96294, title I, § 105(c), June 30, 1980, 94 Stat. 633; Pub. L. 102558, title I, § 131, Oct. 28, 1992, 106 Stat. 4209.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables.
Codification Section was formerly classified to section 2151 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments1992—Pub. L. 102558 amended section generally, substituting present provisions for provisions stating policy to encourage small business enterprises and providing for measures to carry out this policy, for allocation of materials in the civilian market, and for distribution of defense contracts. 1980—Subsec. (d). Pub. L. 96294 substituted “June 30, 1980” for “August 9, 1955”. 1955—Subsec. (c). Act Aug. 9, 1955, § 4, struck out specific dates which were the basis for determination of materials in civilian market and inserted provisions requiring that a business receive its fair share based on a representative period before imposition of the allocation. Subsec. (d). Act Aug. 9, 1955, § 5, added subsec. (d). 1953—Subsec. (c). Act June 30, 1953, amended subsec. (c) generally, the principal change being to provide, in the allocation to business of a fair share of available civilian supply, a new base period for allocating materials not under control on July 1, 1953. 1951—Subsec. (c). Act July 31, 1951, provided that limitations and restrictions on production of specific items shall not exclude new concerns.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102558, set out as a note under section 4502 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96294 effective June 30, 1980, see section 107 of Pub. L. 96294, set out as a note under section 4502 of this title.
Effective Date of 1955 AmendmentAmendment by act Aug. 9, 1955, effective as of close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a note under section 4502 of this title.
Executive Documents
Delegation of Functions Authority of President to implement this chapter under this subchapter with respect to responding to the spread of COVID19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Security, see section 2(a) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title. Authority of President to implement this chapter under this subchapter with respect to hoarding of health and medical resources necessary to respond to the spread of COVID19 within the United States delegated to Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001, set out as a note under section 4512 of this title. Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade. For delegation of certain authority of President under this subchapter, see section 802 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16659, set out as a note under section 4553 of this title.
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# 50 U.S.C. § 4552 - Definitions
## Text
For purposes of this chapter, the following definitions shall apply:
(1) Critical component The term “critical component” includes such components, subsystems, systems, and related special tooling and test equipment essential to the production, repair, maintenance, or operation of weapon systems or other items of equipment identified by the President as being essential to the execution of the national security strategy of the United States. Components identified as critical by a National Security Assessment conducted pursuant to section 113(i) of title 10 or by a Presidential determination as a result of a petition filed under section 1862 of title 19 shall be designated as critical components for purposes of this chapter, unless the President determines that the designation is unwarranted.
(2) Critical infrastructure The term “critical infrastructure” means any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety.
(3) Critical technology The term “critical technology” includes any technology designated by the President to be essential to the national defense.
(4) Critical technology item The term “critical technology item” means materials directly employing, derived from, or utilizing a critical technology.
(5) Defense contractor The term “defense contractor” means any person who enters into a contract with the United States—
(A) to furnish materials, industrial resources, or a critical technology for the national defense; or
(B) to perform services for the national defense.
(6) Domestic industrial base The term “domestic industrial base” means domestic sources which are providing, or which would be reasonably expected to provide, materials or services to meet national defense requirements during peacetime, national emergency, or war.
(7) Domestic source (A) In general Except as provided in subparagraph (B), the term “domestic source” means a business concern—
(i) that performs in the United States or Canada substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item; and
(ii) that procures from business concerns described in clause (i) substantially all of any components and assemblies required under a contract with the United States relating to a critical component or critical technology item.
(B) Domestic source for subchapter II (i) In general For purposes of subchapter II, the term “domestic source” means a business concern that—
(I) performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item in—
(aa) the United States or Canada; or
(bb) subject to clause (ii), Australia or the United Kingdom; and
(II) procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item.
(ii) Limitations on use of business concerns in Australia and United Kingdom (I) In general A business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under subchapter II relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa).
(II) National defense matter defined For purposes of subclause (I), the term “national defense matter” is a matter relating to the development or production of—
(aa) a defense article, as defined in section 301 of title 10; or
(bb) materials critical to national security, as defined in section 98h1(f) of this title.
(8) Facilities The term “facilities” includes all types of buildings, structures, or other improvements to real property (but excluding farms, churches or other places of worship, and private dwelling houses), and services relating to the use of any such building, structure, or other improvement.
(9) Foreign source The term “foreign source” means a business entity other than a “domestic source”.
(10) Guaranteeing agency The term “guaranteeing agency” means a department or agency of the United States engaged in procurement for the national defense.
(11) Homeland security The term “homeland security” includes efforts—
(A) to prevent terrorist attacks within the United States;
(B) to reduce the vulnerability of the United States to terrorism;
(C) to minimize damage from a terrorist attack in the United States; and
(D) to recover from a terrorist attack in the United States.
(12) Industrial resources The term “industrial resources” means materials, services, processes, or manufacturing equipment (including the processes, technologies, and ancillary services for the use of such equipment) needed to establish or maintain an efficient and modern national defense industrial base.
(13) Materials The term “materials” includes—
(A) any raw materials (including minerals, metals, and advanced processed materials), commodities, articles, components (including critical components), products, and items of supply; and
(B) any technical information or services ancillary to the use of any such materials, commodities, articles, components, products, or items.
(14) National defense The term “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 preparedness 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 infrastructure protection and restoration.
(15) Person The term “person” includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative thereof, or any State or local government or agency thereof.
(16) Services The term “services” includes any effort that is needed for or incidental to—
(A) the development, production, processing, distribution, delivery, or use of an industrial resource or a critical technology item;
(B) the construction of facilities;
(C) the movement of individuals and property by all modes of civil transportation; or
(D) other national defense programs and activities.
(17) Small business concern The term “small business concern” means a business concern that meets the requirements of section 632(a) of title 15 and the regulations promulgated pursuant to that section, and includes such business concerns owned and controlled by socially and economically disadvantaged individuals or by women.
(Sept. 8, 1950, ch. 932, title VII, § 702, 64 Stat. 815; June 30, 1953, ch. 171, § 8, 67 Stat. 130; Pub. L. 91379, title I, § 102, Aug. 15, 1970, 84 Stat. 796; Pub. L. 102558, title I, § 132, Oct. 28, 1992, 106 Stat. 4210; Pub. L. 103337, div. C, title XXXIV, § 3411(b), Oct. 5, 1994, 108 Stat. 3110; Pub. L. 108195, § 5, Dec. 19, 2003, 117 Stat. 2893; Pub. L. 11167, § 8, Sept. 30, 2009, 123 Stat. 2017; Pub. L. 11831, div. A, title X, § 1080(a), Dec. 22, 2023, 137 Stat. 415.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis 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. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in par. (14), is Pub. L. 93288, May 22, 1974, 88 Stat. 143. Title VI of the Act is classified generally to subchapter IVB (§ 5195 et seq.) of chapter 68 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
Codification Section was formerly classified to section 2152 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments2023—Par. (7). Pub. L. 11831 designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), the term” for “The term” in introductory provisions, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins, substituted “clause (i)” for “subparagraph (A)” in cl. (ii), and added subpar. (B). 2009—Par. (1). Pub. L. 11167, § 8(1), substituted “equipment identified by the President” for “military equipment identified by the Secretary of Defense”. Pars. (2), (3). Pub. L. 11167, § 8(2)(4), added par. (3), redesignated former par. (3) as (2), and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The term critical industry for national security means any industry (or industry sector) identified pursuant to section 2503(6) of title 10 and such other industries or industry sectors as may be designated by the President as essential to provide industrial resources required for the execution of the national security strategy of the United States.” Pars. (4), (5). Pub. L. 11167, § 8(2), (5), redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “The term critical technology includes any technology that is included in 1 or more of the plans submitted pursuant to section 6681 of title 42 or section 2508 of title 10 (unless subsequently deleted), or such other emerging or dual use technology as may be designated by the President.” Par. (6). Pub. L. 11167, § 8(5), (6), redesignated par. (7) as (6), in heading, struck out “defense” after “Domestic”, and, in text, substituted “ domestic industrial base ” for “ domestic defense industrial base ” and struck out “graduated mobilization,” after “peacetime,”. Former par. (6) redesignated (5). Pars. (7) to (9). Pub. L. 11167, § 8(2), (5), (7), redesignated pars. (8), (10), and (11) as (7) to (9), respectively, and struck out former par. (9). Prior to amendment, text of par. (9) read as follows: “The term essential weapon system means a major weapon system and other items of military equipment identified by the Secretary of Defense as being essential to the execution of the national security strategy of the United States.” Former par. (7) redesignated (6). Pars. (10), (11). Pub. L. 11167, § 8(8), added pars. (10) and (11). Former pars. (10) and (11) redesignated (8) and (9), respectively. Par. (12). Pub. L. 11167, § 8(9), substituted “base” for “capacity”. Par. (14). Pub. L. 11167, § 8(10), substituted “military or critical infrastructure assistance to any foreign nation, homeland security” for “military assistance to any foreign nation”. Par. (16). Pub. L. 11167, § 8(11), added subpars. (C) and (D). Par. (18). Pub. L. 11167, § 8(2), struck out par. (18). Text read as follows: “The term small business concern owned and controlled by socially and economically disadvantaged individuals has the same meaning as in section 637(d)(3)(C) of title 15.” 2003—Pars. (3) to (13). Pub. L. 108195, § 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. 108195, § 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. 108195, § 5(1), redesignated pars. (14) to (17) as (15) to (18), respectively. 1994—Par. (13). Pub. L. 103337 inserted at end “Such term includes emergency preparedness activities conducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act.” 1992—Pub. L. 102558 amended section generally, substituting present provisions for provisions defining terms “person”, “materials”, “facilities”, “national defense”, “wages, salaries, and other compensation”, and “defense contractor”. 1970—Subsec. (d). Pub. L. 91379, § 102(1), inserted reference to space in definition of national defense. Subsec. (f). Pub. L. 91379, § 102(2), added subsec. (f). 1953—Subsec. (d). Act June 30, 1953, amended subsec. (d) generally which, among other changes, inserted references to construction, military assistance to foreign nations and stockpiling, and struck out specific reference to “operations or activities in connection with the Mutual Defense Assistance Act of 1949, as amended”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102558, set out as a note under section 4502 of this title.
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# 50 U.S.C. § 4554 - Regulations and orders
## Text
(a) In general Subject to section 4559 of this title and subsection (b), the President may prescribe such regulations and issue such orders as the President 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 governmentwide 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. 102558, title I, § 134, Oct. 28, 1992, 106 Stat. 4212.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis 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 section 4501 of this title and Tables. Sections 6 and 25 of the Office of Federal Procurement Policy Act, referred to in subsec. (b), were sections 6 and 25 of Pub. L. 93400, which were classified to sections 405 and 421, respectively, of former Title 41, Public Contracts, and were repealed and largely restated in subchapter II (§ 1121 et seq.) of chapter 11 and as sections 1302 and 1303 of Title 41, Public Contracts, by Pub. L. 111350, §§ 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 reclassification and renumbering as this section.
Amendments1992—Pub. L. 102558 amended section generally, substituting 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 matter.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102558, 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 subchapter— (1) with respect to hoarding of health and medical resources necessary to respond to the spread of COVID19 within the United States delegated to Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001, set out as a note under section 4512 of this title; (2) with respect to responding to the spread of COVID19 within the United States delegated to Secretary 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; (3) in addition to the delegation of authority in Ex. Ord. No. 13911, delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 2 of Ex. Ord. No. 13922, May 14, 2020, 85 F.R. 30583, set out as a note under section 4532 of this title; and (4) with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to the Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining. Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, 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.
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# 50 U.S.C. § 4555 - Investigations; records; reports; subpoenas; right to counsel
## Text
(a) Authority of President to obtain information; enforcement of subpoenas The President shall be entitled, while this chapter is in effect and for a period of two years thereafter, by regulation, subpoena, or otherwise, to obtain such information from, require such reports and the keeping of such records by, make such inspection of the books, records, and other writings, premises or property of, and take the sworn testimony of, and administer oaths and affirmations to, any person as may be necessary or appropriate, in his discretion, to the enforcement or the administration of this chapter and the regulations or orders issued thereunder. The authority of the President under this section includes the authority to obtain information in order to perform industry studies assessing the capabilities of the United States industrial base to support the national defense. The President shall issue regulations insuring that the authority of this subsection will be utilized only after the scope and purpose of the investigation, inspection, or inquiry to be made have been defined by competent authority, and it is assured that no adequate and authoritative data are available from any Federal or other responsible agency. In case of contumacy by, or refusal to obey a subpoena served upon, any person referred to in this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the President, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
(b) Production of documentary evidence; reimbursement of witnesses The production of a persons books, records, or other documentary evidence shall not be required at any place other than the place where such person usually keeps them, if, prior to the return date specified in the regulations, subpoena, or other document issued with respect thereto, such person furnishes the President with a true copy of such books, records, or other documentary evidence (certified by such person under oath to be a true and correct copy) or enters into a stipulation with the President as to the information contained in such books, records, or other documentary evidence. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
(c) Performance of prohibited act or failure to perform required act Any person who willfully performs any act prohibited or willfully fails to perform any act required by the above provisions of this section, 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.
(d) Protection of confidentiality; sanction for violation Information obtained under this section which the President deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information shall not be published or disclosed unless the President determines that the withholding thereof is contrary to the interest of the national defense, and any person willfully violating this provision shall, upon conviction, be fined not more than $10,000, or imprisoned for not more than one year, or both.
(e) Right to record of testimony and representation by counsel Any person subpoenaed under this section shall have the right to make a record of his testimony and to be represented by counsel.
(Sept. 8, 1950, ch. 932, title VII, § 705, 64 Stat. 816; July 31, 1951, ch. 275, title I, § 109(d), 65 Stat. 139; June 30, 1952, ch. 530, title I, § 117, 66 Stat. 306; June 30, 1953, ch. 171, § 9, 67 Stat. 131; Pub. L. 91452, title II, § 251, Oct. 15, 1970, 84 Stat. 931; Pub. L. 102558, title I, § 142, Oct. 28, 1992, 106 Stat. 4217; Pub. L. 108195, § 4, Dec. 19, 2003, 117 Stat. 2893.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis 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 section 4501 of this title and Tables.
Codification Section was formerly classified to section 2155 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments2003—Subsec. (a). Pub. L. 108195 inserted after first sentence “The authority of the President under this section includes the authority to obtain information in order to perform industry studies assessing the capabilities of the United States industrial base to support the national defense.” 1992—Subsec. (a). Pub. L. 102558, § 142(1), substituted “subpoena” for “subpena” in two places. Subsec. (b). Pub. L. 102558, § 142(1), (2), redesignated subsec. (c) as (b) and substituted “subpoena” for “subpena”. Subsec. (c). Pub. L. 102558, § 142(2), (3), redesignated subsec. (d) as (c) and substituted “$10,000” for “$1,000”. Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 102558, § 142(2), (4), redesignated subsec. (e) as (d) and struck out second undesignated par. which read as follows: “All information obtained by the Office of Price Stabilization under this section, as amended, and not made public prior to April 30, 1953, shall be deemed confidential and shall not be published or disclosed, either to the public or to another Federal agency except the Congress or any duly authorized committee thereof, and except the Department of Justice for such use as it may deem necessary in the performance of its functions, unless the President determines that the withholding thereof is contrary to the interests of the national defense, and any person willfully violating this provision shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both.” Former subsec. (d) redesignated (c). Subsecs. (e), (f). Pub. L. 102558, § 142(2), (5), redesignated subsec. (f) as (e) and substituted “subpoenaed” for “subpenaed”. Former subsec. (e) redesignated (d). 1970—Subsec. (b). Pub. L. 91452 struck out subsec. (b) which related to immunity from prosecution of any natural person compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination, and that any such immunity granted would not be construed to vest in any individual any right to priorities assistance, to the allocation of materials, or to any other benefit within the power of the President to grant under sections 4501 to 4564 of this title. 1953—Subsec. (e). Act June 30, 1953, added second par. 1952—Subsec. (f). Act June 30, 1952, added subsec. (f). 1951—Subsec. (a). Act July 31, 1951, made it clear that President has authority to administer oaths and affirmations.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102558, set out as a note under section 4502 of this title.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure.
Executive Documents
Delegation of Functions Authority of President to implement the Defense Production Act of 1950 (this chapter) in this subchapter— (1) with respect to hoarding of health and medical resources necessary to respond to the spread of COVID19 within the United States delegated to Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001, set out as a note under section 4512 of this title; (2) with respect to responding to the spread of COVID19 within the United States delegated to Secretary 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; (3) in addition to the delegation of authority in Ex. Ord. No. 13911, delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 2 of Ex. Ord. No. 13922, May 14, 2020, 85 F.R. 30583, set out as a note under section 4532 of this title; and (4) with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to the Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining. Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, 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.
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# 50 U.S.C. § 4556 - Jurisdiction of courts; injunctions; venue; process; effect of termination of provisions
## Text
(a) Whenever in the judgment of the President any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter, he may make application to the appropriate court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the President that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, restraining order, or other order, with or without such injunction or restraining order, shall be granted without bond.
(b) The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this chapter or any rule, regulation, order, or subpena thereunder, and of all civil actions under this chapter to enforce any liability or duty created by, or to enjoin any violation of, this chapter or any rule, regulation, order, or subpena thereunder. Any criminal proceeding on account of any such violation may be brought in any district in which any act, failure to act, or transaction constituting the violation occurred. Any such civil action may be brought in any such district or in the district in which the defendant resides or transacts business. Process in such cases, criminal or civil, may be served in any district wherein the defendant resides or transacts business or wherever the defendant may be found; the subpena for witnesses who are required to attend a court in any district in such case may run into any other district. The termination of the authority granted in any subchapter or section of this chapter, or of any rule, regulation, or order issued thereunder, shall not operate to defeat any suit, action, or prosecution, whether theretofore or thereafter commenced, with respect to any right, liability, or offense incurred or committed prior to the termination date of such subchapter or of such rule, regulation, or order. No costs shall be assessed against the United States in any proceeding under this chapter. All litigation arising under this chapter or the regulations promulgated thereunder shall be under the supervision and control of the Attorney General.
(Sept. 8, 1950, ch. 932, title VII, § 706, 64 Stat. 817; July 31, 1951, ch. 275, title I, § 109(e), 65 Stat. 139.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis 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.
Amendments1951—Subsec. (a). Act July 31, 1951, broadened relief a court may grant when Government seeks to enjoin violations.
Executive Documents
Delegation of Functions Authority of President to implement the Defense Production Act of 1950 (this chapter) in this subchapter— (1) with respect to hoarding of health and medical resources necessary to respond to the spread of COVID19 within the United States delegated to Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001, set out as a note under section 4512 of this title; (2) with respect to responding to the spread of COVID19 within the United States delegated to Secretary 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; (3) in addition to the delegation of authority in Ex. Ord. No. 13911, delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 2 of Ex. Ord. No. 13922, May 14, 2020, 85 F.R. 30583, set out as a note under section 4532 of this title; and (4) with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, Jan. 20, 2025, 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to the Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, Mar. 20, 2025, 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining. Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, 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.
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# 50 U.S.C. § 4557 - Liability for compliance with invalid regulations; discrimination against orders or contracts affected by priorities or allocations
## Text
No person shall be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with a rule, regulation, or order issued pursuant to this chapter, notwithstanding that any such rule, regulation, or order shall thereafter be declared by judicial or other competent authority to be invalid. No person shall discriminate against orders or contracts to which priority is assigned or for which materials or facilities are allocated under subchapter I of this chapter or under any rule, regulation, or order issued thereunder, by charging higher prices or by imposing different terms and conditions for such orders or contracts than for other generally comparable orders or contracts, or in any other manner.
(Sept. 8, 1950, ch. 932, title VII, § 707, 64 Stat. 818; June 30, 1952, ch. 530, title I, § 118, 66 Stat. 306.)
## Notes
Editorial Notes
References in TextThis 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 2157 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments1952—Act June 30, 1952, in first sentence struck out “his” before “compliance with”.
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# 50 U.S.C. § 4559 - Public participation in rulemaking
## Text
(a) Exemption from Administrative Procedure Act Any regulation issued under this chapter shall not be subject to sections 551 through 559 of title 5.
(b) Opportunity for notice and comment (1) In general Except as provided in subsection (c), any regulation issued under this chapter shall be published in the Federal Register and opportunity for public comment shall be provided for not less than 30 days, consistent with the requirements of section 553(b) of title 5.
(2) Waiver for temporary provisions The requirements of paragraph (1) may be waived, if—
(A) the officer authorized to issue the regulation finds that urgent and compelling circumstances make compliance with such requirements impracticable;
(B) the regulation is issued on a temporary basis; and
(C) the publication of such temporary regulation is accompanied by the finding made under subparagraph (A) (and a brief statement of the reasons for such finding) and an opportunity for public comment is provided for not less than 30 days before any regulation becomes final.
(3) Consideration of public comments All comments received during the public comment period specified pursuant to paragraph (1) or (2) shall be considered and the publication of the final regulation shall contain written responses to such comments.
(c) Public comment on procurement regulations Any procurement policy, regulation, procedure, or form (including any amendment or modification of any such policy, regulation, procedure, or form) issued under this chapter shall be subject to section 1707 of title 41.
(Sept. 8, 1950, ch. 932, title VII, § 709, 64 Stat. 819; Pub. L. 102558, title I, § 136(a), Oct. 28, 1992, 106 Stat. 4216.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis 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 2159 of the former Appendix to this title prior to editorial reclassification and renumbering as this section. In subsec. (c), “section 1707 of title 41” substituted for “section 22 of the Office of Federal Procurement Policy Act” on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments1992—Pub. L. 102558 amended section generally. Prior to amendment, section read as follows: “The functions exercised under this chapter shall be excluded from the operation of the Administrative Procedure Act (60 Stat. 237) except as to the requirements of section 3 thereof. Any rule, regulation, or order, or amendment thereto, issued under authority of this chapter shall be accompanied by a statement that in the formulation thereof there has been consultation with industry representatives, including trade association representatives, and that consideration has been given to their recommendations, or that special circumstances have rendered such consultation impracticable or contrary to the interest of the national defense, but no such rule, regulation, or order shall be invalid by reason of any subsequent finding by judicial or other authority that such a statement is inaccurate.”
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentPub. L. 102558, title I, § 136(b), Oct. 28, 1992, 106 Stat. 4217, provided that: “Section 709 of the Defense Production Act of 1950 (50 U.S.C. App. 2159) [now 50 U.S.C. 4559], as amended by subsection (a) of this section, shall not apply to any regulation issued in proposed or final form on or before the date of enactment of this Act [Oct. 28, 1992].”
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# 50 U.S.C. § 4562 - Territorial application of chapter
## Text
The provisions of this chapter shall be applicable to the United States, its Territories and possessions, and the District of Columbia.
(Sept. 8, 1950, ch. 932, title VII, § 713, 64 Stat. 821.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis 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.
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# 50 U.S.C. § 4563 - Separability
## Text
If any provision of this chapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
(Sept. 8, 1950, ch. 932, title VII, § 715, formerly § 714, 64 Stat. 821; renumbered § 715, July 31, 1951, ch. 275, title I, § 110(b), 65 Stat. 144.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis chapter and the chapter, referred to in text, were in the original “this Act” and “the Act”, respectively, 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 2164 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
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# 50 U.S.C. § 4565a - Enhanced intelligence community support to secure United States biological data
## Text
(a) In general The Director of National Intelligence, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, shall provide support to and consult with the Federal Bureau of Investigation, the Committee on Foreign Investment in the United States, and other Federal agencies as appropriate when reviewing transactions relating to the acquisition of covered entities by foreign entities of concern, including attempts by the Government of the Peoples Republic of China—
(1) to leverage and acquire biological data in the United States; and
(2) to leverage and acquire biological data outside the United States, including by providing economic support to the military, industrial, agricultural, or health care infrastructure of foreign countries.
(b) Briefing Not later than 90 days after December 18, 2025, the Director of National Intelligence shall brief the appropriate congressional committees on—
(1) a formal process for ensuring intelligence community support to Federal agencies relating to adversary acquisition of biological data, in compliance with Executive Order 14117 (50 U.S.C. 1701 note; relating to preventing access to Americans bulk sensitive personal data and United States Government-related data by countries of concern), or any successor order; and
(2) any additional resources or authorities needed to provide intelligence community support under subsection (b)(1).
(c) Definitions In this section:
(1) Appropriate congressional committees The term “appropriate congressional committees” means—
(A) the congressional intelligence committees;
(B) the congressional defense committees (as such term is defined in section 101(a) of title 10);
(C) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(D) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives.
(2) Biological data The term “biological data” means multiomic information and other relevant information, including associated descriptors, derived from the structure, function, or process of a biological system, that is either measured, collected, or aggregated for analysis, including information from humans, animals, plants, or microbes.
(3) Covered entity The term “covered entity” means a private entity involved in biological data (including biological data equipment, technologies, sequencing, or synthesis), including a biobank or other private entity that holds large amounts of biological data.
(4) Foreign entity of concern The term “foreign entity of concern” has the meaning given that term in section 19221(a) of title 42.
(Pub. L. 11960, div. F, title LXVI, § 6614, Dec. 18, 2025, 139 Stat. 1638.)
## Notes
Editorial Notes
References in TextExecutive Order 14117, referred to in subsec. (b)(1), is Ex. Ord. No. 14117, Feb. 28, 2024, 89 F.R. 15421, which is listed in a table under section 1701 of this title.
Codification Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2026 and also as part of National Defense Authorization Act for Fiscal Year 2026, and not as part of the Defense Production Act of 1950 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 6002 of Pub. L. 11960, set out as a note under section 3003 of this title.
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---
# 50 U.S.C. § 4566 - Prohibition on purchase of United States defense contractors by entities controlled by foreign governments
## Text
(a) In general No entity controlled by a foreign government may merge with, acquire, or take over a company engaged in interstate commerce in the United States that—
(1) is performing a Department of Defense contract, or a Department of Energy contract under a national security program, that cannot be performed satisfactorily unless that company is given access to information in a proscribed category of information; or
(2) during the previous fiscal year, was awarded—
(A) Department of Defense prime contracts in an aggregate amount in excess of $500,000,000; or
(B) Department of Energy prime contracts under national security programs in an aggregate amount in excess of $500,000,000.
(b) Inapplicability to certain cases The limitation in subsection (a) shall not apply if a merger, acquisition, or takeover is not suspended or prohibited pursuant to section 4565 of this title.
(c) Definitions In this section:
(1) The term “entity controlled by a foreign government” includes—
(A) any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; and
(B) any individual acting on behalf of a foreign government,
as determined by the President.
(2) The term “proscribed category of information” means a category of information that—
(A) with respect to Department of Defense contracts—
(i) includes special access information;
(ii) is determined by the Secretary of Defense to include information the disclosure of which to an entity controlled by a foreign government is not in the national security interests of the United States; and
(iii) is defined in regulations prescribed by the Secretary of Defense for the purposes of this section; and
(B) with respect to Department of Energy contracts—
(i) is determined by the Secretary of Energy to include information described in subparagraph (A)(ii); and
(ii) is defined in regulations prescribed by the Secretary of Energy for the purposes of this section.
(Pub. L. 102484, div. A, title VIII, § 835, Oct. 23, 1992, 106 Stat. 2461.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 2170a of the former Appendix to this title prior to editorial reclassification and renumbering as this section. Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1993, and not as part of the Defense Production Act of 1950 which comprises this chapter.
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# 50 U.S.C. § 4567 - Defense Production Act Committee
## Text
(a) Committee established There is established the Defense Production Act Committee (in this section referred to as the “Committee”), which shall coordinate and plan for on 11 So in original. The word “on” probably should not appear. the effective use of the priorities and allocations authorities under this chapter by the departments, agencies, and independent establishments of the Federal Government to which the President has delegated authority under this chapter.
(b) Membership (1) In general.— The members of the Committee shall be—
(A) the head of each Federal agency to which the President has delegated authority under this chapter; and
(B) the Chairperson of the Council of Economic Advisors.
(2) The Chairperson of the Committee shall be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of the authorities in this chapter.
(c) Coordination of Committee activities The Chairperson shall appoint one person to coordinate all of the activities of the Committee, and such person shall—
(1) be a full-time employee of the Federal Government;
(2) report to the Chairperson; and
(3) carry out such activities relating to the Committee as the Chairperson may determine appropriate.
(d) Report The Committee shall issue a report each year by March 31 to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report signed by the Chairperson that contains—
(1) a description of the contingency planning by each department, agency, or independent establishment of the Federal Government to which the President has delegated authority under this chapter for events that might require the use of the priorities and allocations authorities;
(2) recommendations for the effective use of the priorities and allocations authorities in this chapter in a manner consistent with the statement of policy under section 4502(b) of this title;
(3) recommendations for legislation actions, as appropriate, to support the effective use of the priorities and allocations authorities in this chapter;
(4) recommendations for improving information sharing between departments, agencies, and independent establishments of the Federal Government relating to the use of the priorities and allocations authorities in this chapter;
(5) up-to-date copies of the rules described under section 4511(d)(1) of this title; and
(6) short attestations signed by each member of the Committee stating their concurrence in the report.
(e) Chapter 10 of title 5 The provisions of chapter 10 of title 5 shall not apply to the Committee.
(Sept. 8, 1950, ch. 932, title VII, § 722, as added Pub. L. 102558, title I, § 135, Oct. 28, 1992, 106 Stat. 4212; amended Pub. L. 109295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 11167, § 11, Sept. 30, 2009, 123 Stat. 2019; Pub. L. 113172, § 2, Sept. 26, 2014, 128 Stat. 1896; Pub. L. 117286, § 4(a)(323), Dec. 27, 2022, 136 Stat. 4341.)
## Notes
Termination of SectionFor termination of section, see section 4564(a) of this title.
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a), (b), and (d), 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 2171 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments2022—Subsec. (e). Pub. L. 117286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5” for “the Federal Advisory Committee Act (5 U.S.C. App.)” in text. 2014—Subsec. (a). Pub. L. 113172, § 2(1), substituted “coordinate and plan for” for “advise the President” and “the priorities and allocations authorities” for “the authority”. Subsec. (b)(2). Pub. L. 113172, § 2(2), amended par. (2) generally. Prior to amendment, text read as follows: “The President shall designate 1 member of the Committee as the Chairperson of the Committee.” Subsec. (c). Pub. L. 113172, § 2(3), amended subsec. (c) generally. Prior to amendment, text read as follows: “(1) In general.—The President shall appoint an Executive Director of the Defense Production Act Committee (in this section referred to as the Executive Director), who shall— “(A) be responsible to the Chairperson of the Committee; and “(B) carry out such activities relating to the Committee as the Chairperson may determine. “(2) Appointment.—The appointment by the President shall not be subject to the advice and consent of the Senate. “(3) Compensation.—For pay periods beginning on or after the date on which each Chairperson is appointed, funds for the pay of the Executive Director shall be paid from appropriations to the salaries and expenses account of the department or agency of the Chairperson of the Committee. The Executive Director shall be compensated at a rate of pay equivalent to that of a Deputy Assistant Secretary (or a comparable position) of the Federal agency of the Chairperson of the Committee.” Subsec. (d). Pub. L. 113172, § 2(4)(A), (B), in introductory provisions, substituted “The Committee shall issue a report each year by March 31” for “Not later than the end of the first quarter of each calendar year, the Committee shall submit” and “the Chairperson” for “each member of the Committee”. Subsec. (d)(1). Pub. L. 113172, § 2(4)(C), substituted “a description of the contingency planning by” for “a review of the authority under this chapter of” and inserted before semicolon at end “for events that might require the use of the priorities and allocations authorities”. Subsec. (d)(2). Pub. L. 113172, § 2(4)(D), substituted “priorities and allocations authorities in this chapter” for “authority described in paragraph (1)”. Subsec. (d)(3). Pub. L. 113172, § 2(4)(E), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “recommendations for legislation, regulations, executive orders, or other action by the Federal Government necessary to improve the use of the authority described in paragraph (1); and”. Subsec. (d)(4). Pub. L. 113172, § 2(4)(F), substituted “the use of the priorities and allocations authorities in this chapter;” for “all aspects of the authority described in paragraph (1).” Subsec. (d)(5), (6). Pub. L. 113172, § 2(4)(G), added pars. (5) and (6). 2009—Pub. L. 11167 amended section generally. Prior to amendment, section related to defense industrial base information system with regard to its establishment, sources of information, strategic plan for developing comprehensive system, capabilities, and required report on subcontractor and supplier base.
Statutory Notes and Related Subsidiaries
Effective DateSection deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102558, set out as an Effective Date of 1992 Amendment note under section 4502 of this title.
Executive Documents
Designating the Chairperson of the Defense Production Act Committee Memorandum of President of the United States, May 19, 2010, 75 F.R. 32087, provided: Memorandum for the Secretary of Defense [and] the Secretary of Homeland Security Pursuant to the authority vested in me by section 722(b)(2) of the Defense Production Act of 1950, as amended (section 11 of Public Law 11167; 50 App. U.S.C. 2171) [now 50 U.S.C. 4567(b)(2)] (the “Act”), I hereby designate the Secretary of Homeland Security and the Secretary of Defense as rotating Chairpersons of the Defense Production Act Committee (the “Committee”). The Chair shall rotate annually on April 1 of each year, with the Secretary of Homeland Security hereby designated to serve as Chairperson of the Committee for the remainder of this first term. The Secretary of Homeland Security and the Secretary of Defense are directed to formalize responsibilities for funding and administratively supporting the Committee through interagency agreement. Furthermore, the Chairperson shall invite to each meeting of the Committee all Members of the Committee as defined in section 722(b) of the Act [50 U.S.C. 4567(b)], and shall ensure that the reporting requirements of section 722(d) of the Act [50 U.S.C. 4567(d)] are fulfilled. The Secretary of Homeland Security is hereby authorized and directed to publish this memorandum in the Federal Register. Barack Obama.
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# 50 U.S.C. § 4582 - Notification on investments
## Text
(a) Mandatory notification Not later than 450 days after December 18, 2025, the Secretary shall issue regulations prescribed in accordance with subsection (b), to require a United States person that itself or whose controlled foreign entity knowingly engages in a covered national security transaction in a prohibited technology (unless the Secretary has exercised the authority provided by section 4581(a) of this title to prohibit knowingly engaging in such covered national security transaction) or a notifiable technology to submit to the Secretary a written notification of the transaction not later than 30 days after the completion date of the transaction.
(b) Regulations (1) In general Not later than 450 days after December 18, 2025, the Secretary, in consultation with the Secretary of Commerce, the Secretary of State, and, as appropriate, the heads of other relevant Federal departments and agencies, shall issue regulations to carry out this section subject to public notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, and not subject to the requirements of section 4559 of this title. The regulations issued pursuant to this paragraph shall as necessary, amend, terminate, supersede, revoke, or streamline existing requirements in part 850 of title 31, Code of Federal Regulations (the Outbound Investment Rule) and shall provide a reasonable timeframe for compliance.
(2) Low-burden regulations In issuing regulations under paragraph (1), the Secretary should balance the priority of protecting the national security interest of the United States while, to the extent practicable—
(A) minimizing the cost and complexity of compliance for affected parties, including the duplication of reporting requirements under current regulation;
(B) adopting the least burdensome alternative that achieves regulatory objectives; and
(C) prioritizing transparency and stakeholder involvement in the process of issuing the rules.
(3) Burden of proof In accordance with section 556(d) of title 5, in an enforcement action for a violation of the prohibition set forth in subsection (a), the burden of proof shall be upon the Secretary.
(4) Completeness of notification (A) In general The Secretary shall, upon receipt of a notification under subsection (a), promptly inspect the notification for completeness.
(B) Incomplete notifications If a notification submitted under subsection (a) is incomplete, the Secretary shall promptly inform the United States person that submits the notification that the notification is not complete and provide an explanation of relevant material respects in which the notification is not complete.
(5) Identification of non-notified activity The Secretary shall establish a process to identify covered national security transactions in a prohibited technology or a notifiable technology for which—
(A) a notification is not submitted to the Secretary under subsection (a); and
(B) information is reasonably available.
(c) Inapplicability If the Secretary prohibits a covered national security transaction in a prohibited technology under section 4581 of this title, the requirements of this section shall not apply with respect to the covered national security transaction.
(Sept. 8, 1950, ch. 932, title VIII, § 802, as added Pub. L. 11960, div. H, title LXXXV, § 8521, Dec. 18, 2025, 139 Stat. 1925.)
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# 50 U.S.C. § 4583 - Report
## Text
(a) In general Not later than 18 months after December 18, 2025, and not less frequently than annually thereafter, the Secretary, in consultation with the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report, subject to appropriate confidentiality and classification requirements, that—
(1) lists all enforcement actions taken subject to the existing regulations and regulations issued under section 11 So in original. Probably should be “sections”. 4581(e) and 4582(b) of this title during the year preceding submission of the report, which includes, with respect to each such action, a description of—
(A) the prohibited technology or notifiable technology;
(B) the covered national security transaction;
(C) the covered foreign person; and
(D) the relevant United States person;
(2) provides an assessment of the definition of the term “prohibited technology” under existing regulations or regulations issued under section 4581(e) or 4582(b) of this title by—
(A) identifying additional technologies that the Secretary, in consultation with the Secretary of Commerce and, as applicable, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of any other relevant Federal agencies, determined under existing regulations or regulations issued pursuant to 4581(e) 22 So in original. Probably should be preceded by “section”. of this title may pose an acute threat to the national security of the United States if developed or acquired by a country of concern;
(B) explaining why each technology identified in subparagraph (A) may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
(C) describing any removal of technologies from the category of prohibited technology under existing regulations or regulations issued under section 4581(e) of this title during the reporting period to the extent that the technologies no longer pose an acute threat to the national security of the United States if developed or acquired by a country of concern;
(3) lists all notifications submitted under existing regulations or regulations issued section 33 So in original. Probably should be preceded by “under”. 4582 of this title during the year preceding submission of the report and includes, with respect to each such notification—
(A) basic information on each party to the covered national security transaction with respect to which the notification was submitted; and
(B) the nature of the covered national security transaction that was the subject of the notification, including the elements of the covered national security transaction that necessitated a notification;
(4) includes a summary of those notifications, disaggregated by prohibited technology, by notifiable technology, by covered national security transaction, and by country of concern;
(5) provides additional context and information regarding trends in the prohibited technology, notifiable technology, the types of covered national security transaction, and the countries involved in those notifications; and
(6) assesses the overall impact of those notifications, including recommendations for—
(A) expanding existing Federal programs to support the production or supply of prohibited technologies or notifiable technologies in the United States, including the potential of existing authorities to address any related national security concerns;
(B) investments needed to enhance prohibited technologies or notifiable technologies and reduce United States dependence on countries of concern regarding those technologies; and
(C) the continuation, expansion, or modification of the implementation and administration of this subchapter.
(b) Consideration of certain information In preparing the report pursuant to subsection (a), the Secretary—
(1) shall consider information provided jointly by the chairperson and ranking member of any of the appropriate congressional committees;
(2) may consider credible information obtained by other countries and nongovernmental organizations that monitor the military, surveillance, intelligence, or technology capabilities of a country of concern; and
(3) may consider any other information that the Secretary deems relevant.
(c) Form of report Each report required by this section shall be submitted in unclassified form, but may include a classified annex.
(d) Testimony required Not later than one year after December 18, 2025, and annually thereafter for five years, the Secretary and the Secretary of Commerce, or their designee, shall each provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committees on Foreign Affairs and Financial Services of the House of Representatives testimony with respect to the national security threats relating to investments by United States persons in countries of concern and broader international capital flows.
(e) Requests by appropriate congressional committees (1) In general After receiving a request that meets the requirements of paragraph (2) with respect to whether a technology should be included in the amendments as described in subsection (a)(2), the Secretary shall, in preparing the report pursuant to subsection (a)—
(A) determine if that technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
(B) include in the report pursuant to subsection (a) an explanation with respect to that determination that includes—
(i) a statement of whether or not the technology, as determined by the Secretary, may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
(ii) if the Secretary determines that—
(I) the technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern, an explanation for such determination and a recommendation whether that technology should be named a prohibited technology or a notifiable technology; and
(II) the technology would not pose an acute threat to the national security of the United States if developed or acquired by a country of concern, an explanation for such determination.
(2) Requirements A request under paragraph (1) with respect to whether a technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern shall be submitted to the Secretary in writing jointly by the chairperson and ranking member of 1 or more of the appropriate congressional committees.
(Sept. 8, 1950, ch. 932, title VIII, § 803, as added Pub. L. 11960, div. H, title LXXXV, § 8521, Dec. 18, 2025, 139 Stat. 1926.)
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# 50 U.S.C. § 4584 - Multilateral engagement and coordination
## Text
(a) Authorities The Secretary, in coordination with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal agencies, should—
(1) conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the United States to promote and increase coordination of protocols and procedures to facilitate the effective implementation of and appropriate compliance with the prohibitions and notification requirement pursuant to this subchapter;
(2) upon adoption of protocols and procedures described in paragraph (1), work with those governments to establish mechanisms for sharing information, including trends, with respect to such activities; and
(3) work with and encourage the governments of countries that are allies and partners of the United States to develop similar mechanisms of their own, for the exclusive purpose of preventing the development of prohibited technologies by a country of concern.
(b) Strategy for multilateral engagement and coordination Not later than 180 days after the date of the regulations implementing enactment of this subchapter, the Secretary, in coordination with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal agencies, should—
(1) develop a strategy to work with the governments of countries that are allies and partners of the United States to develop mechanisms that are comparable to the prohibitions and notification requirements pursuant to this subchapter, for the exclusive purpose of preventing the development of prohibited technologies by a country of concern; and
(2) assess opportunities to provide technical assistance to those countries with respect to the development of those mechanisms.
(c) Report Not later than one year after the date of the regulations implementing enactment of this subchapter, and annually thereafter for four years, the Secretary shall submit to the appropriate congressional committees a report, subject to the appropriate confidentiality and classification requirements, that includes—
(1) a discussion of any strategy developed pursuant to subsection (b)(1), including key tools and objectives for the development of comparable mechanisms by the governments of allies and partners of the United States;
(2) a list of partner and allied countries to target for cooperation in developing their own prohibitions;
(3) the status of the strategys implementation and outcomes; and
(4) a description of impediments to the establishment of comparable mechanisms by governments of allies and partners of the United States.
(d) Appropriate congressional committees defined In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
(Sept. 8, 1950, ch. 932, title VIII, § 804, as added Pub. L. 11960, div. H, title LXXXV, § 8521, Dec. 18, 2025, 139 Stat. 1929.)
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# 50 U.S.C. § 4585 - Public database of covered foreign persons
## Text
(a) In general The Secretary, in consultation with the Secretary of Commerce, may establish a publicly accessible, non-exhaustive database that identifies covered foreign persons that are either engaged in a prohibited technology or a notifiable technology pursuant to this subchapter.
(b) Modification process The Secretary, in consultation with the Secretary of Commerce, is authorized to establish a mechanism for a covered foreign person to petition for their removal from or inclusion in the publicly accessible, non-exhaustive database described in (a).11 So in original. Probably should be preceded by “subsection”.
(c) Confidentiality of evidence The Secretary shall establish a mechanism for the public, including Congress, stakeholders, investors, and nongovernmental organizations, to submit evidence on a confidential basis regarding whether a foreign person is a covered foreign person in a prohibited technology or notifiable technology and should be included in the database described in subsection (a), if any.
(d) Rule of construction The database described in subsection (a), if any, shall not be considered to be an exhaustive or comprehensive list of covered foreign persons for the purposes of this subchapter.
(Sept. 8, 1950, ch. 932, title VIII, § 805, as added Pub. L. 11960, div. H, title LXXXV, § 8521, Dec. 18, 2025, 139 Stat. 1930.)
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# 50 U.S.C. § 4586 - Rule of construction
## Text
Nothing in this subchapter may be construed to negate the authority of the President under any authority, process, regulation, investigation, enforcement measure, or review provided by or established under any other provision of Federal law, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or any other authority of the President or the Congress under the Constitution of the United States.
(Sept. 8, 1950, ch. 932, title VIII, § 806, as added Pub. L. 11960, div. H, title LXXXV, § 8521, Dec. 18, 2025, 139 Stat. 1930.)
## Notes
Editorial Notes
References in TextThe International Emergency Economic Powers Act, referred to in text, is title II of Pub. L. 95223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.
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# 50 U.S.C. § 4587 - Penalties
## Text
(a) In general The regulations issued under section 4581 or 4582 of this title shall provide for the imposition of civil penalties described in subsection (b).
(b) Penalties described (1) Unlawful acts It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any order, regulation, notification requirement, or prohibition issued under this subchapter.
(2) Civil penalty The Secretary may impose civil penalties on any person who commits an unlawful act described in paragraph (1) in amounts equivalent to amounts provided for under section 206(b) of the International Emergency Economic Powers Act (50 U.S.C. 1705(b)) for violations under that Act.
(3) Divestment The Secretary may compel the divestment of a covered national security transaction in a prohibited technology determined to be in violation of section 4581(a) of this title or regulations issued thereunder.
(4) Relief The President may direct the Attorney General of the United States to seek appropriate relief, including divestment relief for violations of the prohibition set forth in subsection 11 So in original. Probably should be “section”. 4581(a) of this title, in the district courts of the United States, in order to implement and enforce this subchapter.
(Sept. 8, 1950, ch. 932, title VIII, § 807, as added Pub. L. 11960, div. H, title LXXXV, § 8521, Dec. 18, 2025, 139 Stat. 1930.)
## Notes
Editorial Notes
References in TextThe International Emergency Economic Powers Act, referred to in subsec. (b)(2), is title II of Pub. L. 95223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.
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# 50 U.S.C. § 4588 - Exemption from disclosure
## Text
(a) In general Except as provided in subsection (b), any information or documentary material filed with the Secretary or the Secretarys designee pursuant to this subchapter shall be exempt from disclosure under section 552(b)(3) of title 5, and no such information or documentary material may be made public.
(b) Exceptions Subsection (a) shall not prohibit the disclosure of the following, subject to appropriate confidentiality and classification requirements:
(1) Information relevant to any administrative or judicial action or proceeding.
(2) Information to Congress or any duly authorized committee or subcommittee of Congress.
(3) Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
(4) Identity of a covered foreign person in the public database described in section 4585 of this title.
(5) Information that the parties have consented to be disclosed to third parties.
(6) Information gathered by the Secretary or the Secretarys designee where the disclosure is determined to be in the national security interest, which may include publication of anonymized data.
(Sept. 8, 1950, ch. 932, title VIII, § 808, as added Pub. L. 11960, div. H, title LXXXV, § 8521, Dec. 18, 2025, 139 Stat. 1931.)
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# 50 U.S.C. § 4589 - Definitions
## Text
In this subchapter:
(1) Appropriate congressional committees Except as provided in section 4584(d) of this title, the term “appropriate congressional committees” means—
(A) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate.
(2) Country of concern The term “country of concern” means—
(A) the Peoples Republic of China, including the Hong Kong and Macau Special Administrative Regions;
(B) the Republic of Cuba;
(C) the Islamic Republic of Iran;
(D) the Democratic Peoples Republic of Korea;
(E) the Russian Federation; and
(F) the Bolivarian Republic of Venezuela under the regime of Nicolas Maduro Moros.
(3) Covered foreign person Subject to regulations prescribed in accordance with this subchapter, the term “covered foreign person” means a foreign person that—
(A) is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern;
(B) is a member of the Central Committee of the Chinese Communist Party or is a member of the political leadership of a country of concern;
(C) is subject to the direction or control of a country of concern, as defined by regulation, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof); or
(D) is owned in the aggregate, directly or indirectly, 50 percent or more by a country of concern, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof).
(4) Covered national security transaction (A) In general Subject to such regulations as may be issued in accordance with this subchapter, the term “covered national security transaction” means a United States persons direct or indirect—
(i) acquisition of an equity interest or contingent equity interest in a covered foreign person that the United States person knows at the time of the acquisition is a covered foreign person;
(ii) provision of a loan or similar debt financing arrangement to a covered foreign person that the United States person knows at the time of the provision is a covered foreign person, where such debt financing affords or will afford the United States person an interest in profits of the covered foreign person, the right to appoint members of the board of directors (or equivalent) of the covered foreign person, or other comparable financial or governance rights characteristic of an equity investment but not typical of a loan;
(iii) entrance by such United States person into a joint venture, wherever located, that is formed with a person of a country of concern, and that the subject United States person knows at the time of entrance into the joint venture that the joint venture will engage, or plans to engage, in a prohibited technology or notifiable technology;
(iv) conversion of a contingent equity interest (or interest equivalent to a contingent equity interest) or conversion of debt to an equity interest in a covered foreign person;
(v) acquisition, leasing, or other development of operations, land, property, or other assets in a country of concern that the United States person knows at the time of such acquisition, leasing, or other development will result in, or that the United States person plans to result in—
(I) the establishment of a covered foreign person; or
(II) the engagement of a person of a country of concern in a prohibited technology or notifiable technology;
(vi) knowingly directing prohibited transactions or notifiable transactions by foreign persons that the United States person has knowledge at the time of the transaction would constitute an activity described in clause (i), (ii), (iii), (iv), or (v), if engaged in by a United States person;
(vii) acquisition of a limited partner or equivalent interest in a venture capital fund, private equity fund, fund of funds, or other pooled investment fund (in each case where the fund is not a United States person) that the United States person has knowledge at the time of the acquisition likely will invest in a person of a country of concern that is in one of the notifiable technology or prohibited technology sectors, and such fund undertakes a transaction that would be a covered national security transaction if undertaken by a United States person; or
(viii) any other transaction identified by the Secretary, in consultation with the appropriate congressional committees and subject to public notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, and not subject to the requirements of section 4559 of this title, that is contributing to the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern.
(B) Exceptions and clarifications Subject to regulations prescribed in accordance with this subchapter, the term “covered national security transaction” does not include—
(i) any transaction the value of which the Secretary determines is de minimis;
(ii) any category of transactions that the Secretary determines is in the national interest of the United States;
(iii) an investment—
(I) in a security (as defined in section 78c(a) of title 15) that is traded on an exchange or the over-the-counter market in any jurisdiction;
(II) in a security issued by an investment company (as defined in section 80a3 of title 15) that is registered with the Securities and Exchange Commission, or, if the Secretary chooses to include it as an exception from a covered national security transaction, in a security issued by a non-United States investment company that is registered with a foreign regulator with comparable oversight standards and regulatory jurisdiction to the Securities and Exchange Commission as determined by the Secretary of Treasury;
(III) made as a limited partner or equivalent in a venture capital fund, private equity fund, fund of funds, or other pooled investment fund (other than as described in subclause (II)) where—
(aa) the limited partner or equivalents committed capital is not more than a de minimis amount, as determined by the Secretary, aggregated across any investment and co-investment vehicles of the fund; or
(bb) the limited partner or equivalent has secured a binding contractual assurance that its capital in the fund will not be used to engage in a transaction that would be a covered national security transaction if engaged in by a United States person; or
(IV) in a derivative of a security described under subclause (I), (II), or (III);
(iv) any ancillary transaction undertaken by a financial institution (as defined in section 5312 of title 31);
(v) the acquisition by a United States person of the equity or other interest owned or held by a covered foreign person in an entity or assets located outside of a country of concern in which the United States person is acquiring the totality of the interest in the entity held by the covered foreign person;
(vi) an intracompany transfer of funds, as defined in regulations prescribed in accordance with this subchapter, from a United States parent company to a subsidiary located in a country of concern or a transaction that, but for this clause, would be a covered national security transaction between a United States person and its controlled foreign person that supports operations that are not covered national security transactions or that maintains covered national security transactions that the controlled foreign person was engaged in prior to the effective date of the regulations implementing this subchapter;
(vii) a transaction secondary to a covered national security transaction, including—
(I) contractual arrangements (not including contractual arrangements for technology transfer or technical knowledge transfer) or the procurement of material inputs for any covered national security transaction (such as raw materials);
(II) bank lending;
(III) the processing, clearing, or sending of payments by a bank;
(IV) underwriting services including, but not limited to, the temporary acquisition of an equity interest for the sole purpose of facilitating underwriting services;
(V) debt rating services;
(VI) prime brokerage;
(VII) global custody;
(VIII) equity research or analysis; or
(IX) other similar services;
(viii) any ordinary or administrative business transaction as may be defined in such regulations; or
(ix) any transaction completed before December 18, 2025.
(C) Ancillary transaction defined In this paragraph, the term “ancillary transaction” means, subject to regulations prescribed by the Secretary—
(i) the processing, settling, clearing, or sending of payments and cash transactions;
(ii) underwriting services, including the temporary acquisition of an equity interest for the sole purpose of facilitating underwriting services;
(iii) credit rating services; and
(iv) other services ordinarily incident to and part of the provision of financial services, such as opening deposit accounts, direct custody services, foreign exchange services, remittances services, and safe deposit services.
(5) Foreign person The term “foreign person” has the meaning given that term in regulations prescribed in accordance with this subchapter.
(6) Knowledge; know The terms “knowledge” or “know” mean—
(A) actual knowledge that a fact or circumstance exists or is substantially certain to occur;
(B) an awareness of a high probability of a fact or circumstances existence or future occurrence; or
(C) reason to know of a fact or circumstances existence.
(7) Notifiable technology (A) In general Subject to the regulations prescribed in accordance with this subchapter, the term “notifiable technology” means a technology within the following areas not already captured by the technical thresholds specified by any regulations issued in accordance with section 4581 of this title:
(i) Semiconductor technology and microelectronics.
(ii) Artificial intelligence systems.
(iii) Quantum information technologies.
(iv) High-performance computing and supercomputing.
(v) Hypersonic systems.
(B) Updates The Secretary, in consultation with the appropriate congressional committees and subject to notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, and not subject to the requirements of section 4559 of this title, may prescribe regulations in accordance with this subchapter to—
(i) define the technical parameters of technologies described in subparagraph (A), as reasonably needed for national security purposes; or
(ii) to add and define categories to the list in subparagraph (A) that enable the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern.
(8) Party The term “party”, with respect to a covered national security transaction, has the meaning given that term in regulations prescribed in accordance with this subchapter.
(9) Person The term “person” includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative thereof, or any State or local government or agency thereof.
(10) Prohibited technology (A) In general Subject to the regulations prescribed in accordance with this subchapter, the term “prohibited technology” means a technology within the following areas, as specified by the regulations:
(i) Advanced semiconductor technology and microelectronics.
(ii) Artificial intelligence systems.
(iii) Quantum information technologies.
(iv) High-performance computing and supercomputing.
(v) Hypersonic systems.
(B) Updates The Secretary, in consultation with the appropriate congressional committees and subject to notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, and not subject to the requirements of section 4559 of this title, may prescribe regulations in accordance with this subchapter to—
(i) define the technical parameters of technologies described in subparagraph (A), as reasonably needed for national security purposes; or
(ii) to add and define categories to the list in subparagraph (A) that enable the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern.
(11) Secretary Except as otherwise provided, the term “Secretary” means the Secretary of the Treasury.
(12) United States person The term “United States person” means—
(A) any United States citizen or an alien lawfully admitted for permanent residence to the United States;
(B) an entity organized under the laws of the United States or of any jurisdiction within the United States (including any foreign branch of such an entity); or
(C) any person in the United States.
(Sept. 8, 1950, ch. 932, title VIII, § 809, as added Pub. L. 11960, div. H, title LXXXV, § 8521, Dec. 18, 2025, 139 Stat. 1931.)